The High Cost of Injury

The National Council on Compensation Insurance (NCCI) recently released a comprehensive study examining "mega claims" in workers' compensation insurance. These are claims with reported losses exceeding $2 million, representing a small fraction of total claims but a significant portion of total loss dollars. The study covers accident years 2001-2021, providing valuable insights into trends and patterns within this high-cost category.

Airline Ground Crew Fatalities Result in FFA Safety Alert

Recent fatal accidents at airports involving ground crew personnel drew the attention of The Federal Aviation Administration.

NY AG Seeks Emergency Relief to Protect Rights and Safety of Amazon Workers

New York Attorney General Letitia James today filed a motion to seek a preliminary injunction to force Amazon to immediately address health and safety concerns at its warehouses that are threatening workers. Her efforts to protect workers during the coronavirus disease 2019 (COVID-19) pandemic continue. 

NJ Airport Workers' Pay Bill Clears Senate

In order to ensure wage guarantees, greater protections and health care benefits for workers at Newark Liberty International Airport and Train Station, the Senate passed the “Healthy Terminals Act.” The bill, sponsored by Senate Majority Leader Loretta Weinberg, Senator Linda Greenstein and Senate President Steve Sweeney, provides that “prevailing wage” rates will be a minimum standard rate of compensation for those workers, and makes the requirements subject to the “New Jersey Prevailing Wage Act.”

Workplace Deaths Rise

Work is getting more dangerous in the US. The US Bureau of Labor Statistics reports, there were 5,250 fatal work injuries recorded in the United States in 2018, a 2 percent increase from the 5,147 in 2017. 

Efforts to Protect the Public From Asbestos Exposure

Massachusetts Attorney General Maura Healey today released a new report highlighting her office’s ongoing efforts to protect children, families, and workers from the health risks posed by exposure to asbestos.

Safety Incentive Programs: Lawful? Effective?

Today's guest author is Jon Rehm, Esq. of the Nebraska bar.

The ” _____ days without an accident sign” is a common feature in many workplaces. These signs are often parts of employer safety incentive programs. These programs intend to reduce work injuries which should reduce workers’ compensation expenses for business.

Often these programs include money or other financial incentives for employees. The use of programs that financially rewards employees presents three questions to me. Are these programs lawful, are they effective and are their other ways to improve workplace safety?

Are employer incentive programs lawful?

In 2018 the Department of Labor reversed Obama era regulatory guidance that safety incentive programs would violate OSHA anti-retaliation rules. The concern of the previous administration was that safety incentive programs discouraged reporting of injuries. But even the Trump DOL believes that a lawful safety incentive program must include anti-retaliation training and also address “near misses” or incidents that were nearly accidents so as not to discourage the reporting of workers’ compensation claims.

OSHA regulations largely address how that federal agency enforces workplace safety law. Employees can’t sue their employers for violations of OSHA. But in certain industries, OSHA allows whistleblower cases for employees reporting unsafe work condtions. Similarly, state laws can allow employees to being retaliation cases for reporting safety problems and or reporting a work injury. Safety incentive programs that penalize workers for injuries could violate anti-retaliation laws depending on how they are designed.

Are safety incentive programs effective?

Safety experts have questioned the effectiveness of directly rewarding employees for not being hurt. These experts believe that these programs lead employees to cover up injuries which could cover up bigger safety issues. Philadelphia attorney Richard Jaffe criticized safety incentive programs because they are premised on the fact that employees create unsafe conditions. Put another way, the programs are premised on the assumption that employees are to blame for getting hurt.

There is powerful anecdote about the failure of some safety incentive programs. The Massey Energy Upper Big Branch Mine explosion killed 29 West Virginia minors in 2010. Massey’s CEO Don Blankenship had a safety incentive program that included sporting equipment and luxury goods for minors who didn’t miss work for accidents. Blankenship was convicted of violating safety standards in connection with the Upper Big Branch explosion.

The Upper Big Branch explosion coupled with the callousness of Don Blankenship is an extreme example of what could go wrong with employee safety incentive programs.

So what works?

Safety programs that involve employees working with management are the most effective. Employee input is critical because employees often have the most knowledge about a job. They also have a strong incentive to avoid injury.

Unions give employees a say in their workplace. Not surprisingly, studies in the United Statesand Canada show unionized workplaces are safer than non-unionized workplaces. Scholars have coined the term “union safety dividend” to describe the workplace safety benefits associated with unions.

I think unions are a better safety tool than programs that target worker behavior because they don’t assume that workers are at fault for their injuries. There are times where an employee may be at fault or share fault for an injury. But that’s why workers compensation pays limited benefits regardless of fault. Workplace safety programs that incorporate employee and employer viewpoints realize that risks in the workplace can come from employer, employee and third parties like equipment manufacturers.

Fall Death Rates Increase in US Increased 30%

Today's post is shared from the cdc.gov

Each year, millions of older people—those 65 and older—fall. In fact, more than one out of four older people falls each year, 1 but less than half tell their doctor.  Falling once doubles your chances of falling again.

OSHA Cites Company for Exposing Workers to Lightning Strikes

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has cited C.W. Hendrix Farms Inc. for failing to protect workers from recognized hazards after lightning struck and killed an employee at the Parkland, Florida, farm.

Rand Study Urges National Workers’ Compensation Reforms

A national study by the Rand Corporation is urging changes to the workers’ compensation system. The study was commissioned by the US National Institute for Occupational Safety and Health (NIOSH) and approaches necessary improvements inorder to make the nation’s workplaces safer.

U.S. Department of Labor Urges Workers and the Public to be Vigilant And Mindful of Hazards During Tropical Storm Gordon Cleanup

Emergency crews and residents of the Gulf Coast region of Florida, Alabama, and Mississippi faced with debris caused by Tropical Storm Gordon should be aware of hazards they may encounter and take steps to stay safe, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) urges.

Source: National Hurricane Center

“Workers involved in storm cleanup can face a range of safety and health hazards,” said Occupational Safety and Health Administration Regional Administrator Kurt Petermeyer. “Risks can be minimized with knowledge, safe work practices, and personal protective equipment.”

Cleanup work after the storm may involve hazards related to restoring electricity and communications, debris cleanup, roof repair, and tree trimming. Only those with the proper training, equipment, and experience should conduct cleanup activities.

Protective measures for cleanup activities after a weather disaster should include the following:

• Evaluating the work area for hazards
• Fall protection for elevated surfaces
• Assuming all power lines are live
• Using chainsaws, portable generators, ladders, and other equipment properly
• Using personal protective equipment, such as gloves, hard hats, hearing and foot protection

How to View the 2017 Solar Eclipse Safely

Many workers will have the opportunity to view the 2017 Solar Eclipse that will be occurring this Monday, August 21, 2017, sweeping from the Northwest US to the Southeast US. Safety precautions are essential to prevent eye damage. The following is shared information is shared from The National Aeronautics and Space Administration [NASA].

NJ Braces For Winter Weather --- Snow

Workers traveling the NJ highways tonight and tomorrow need to stay informed of the weather service announcements closely as an urgent Winter Weather Message has been issued for an anticipated winter storm.

URGENT - WINTER WEATHER MESSAGE 

NATIONAL WEATHER SERVICE MOUNT HOLLY NJ 

355 PM EST THU JAN 5 2017 

 ...LIGHT SNOW TO AFFECT THE AREA TONIGHT...FOLLOWED BY A POTENTIAL FOR A MORE SIGNIFICANT WINTER STORM PARTICULARLY NEAR THE COAST IN SOUTHERN PORTIONS OF DELAWARE AND NEW JERSEY LATE FRIDAY NIGHT INTO SATURDAY..."

OSHA has made the following suggestions to employers and employees to prepare for winter weather hazards:

Winter Driving

Although employers cannot control roadway conditions, they can promote safe driving behavior by ensuring workers: recognize the hazards of winter weather driving, for example, driving on snow/ice covered roads; are properly trained for driving in winter weather conditions; and are licensed (as applicable) for the vehicles they operate. For information about driving safely during the winter, visit OSHA's Safe Winter Driving page.

Employers should set and enforce driver safety policies. Employers should also implement an effective maintenance program for all vehicles and mechanized equipment that workers are required to operate. Crashes can be avoided. Learn more at: Motor Vehicle Safety (OSHA Safety and Health Topic’s Page).

Employers should ensure properly trained workers' inspect the following vehicle systems to determine if they are working properly:

• Brakes: Brakes should provide even and balanced braking. Also check that brake fluid is at the proper level.
• Cooling System: Ensure a proper mixture of 50/50 antifreeze and water in the cooling system at the proper level.
• Electrical System: Check the ignition system and make sure that the battery is fully charged and that the connections are clean. Check that the alternator belt is in good condition with proper tension.
• Engine: Inspect all engine systems.
• Exhaust System: Check exhaust for leaks and that all clamps and hangers are snug.
• Tires: Check for proper tread depth and no signs of damage or uneven wear. Check for proper tire inflation.
• Oil: Check that oil is at proper level.
• Visibility Systems: Inspect all exterior lights, defrosters (windshield and rear window), and wipers. Install winter windshield wipers.

An emergency kit with the following items is recommended in vehicles:

• Cellphone or two-way radio
• Windshield ice scraper
• Snow brush
• Flashlight with extra batteries
• Shovel
• Tow chain
• Traction aids (bag of sand or cat litter)
• Emergency flares
• Jumper cables
• Snacks
• Water
• Road maps
• Blankets, change of clothes

Work Zone Traffic Safety

Workers being struck by vehicles or mobile equipment lead to many work zone fatalities or injuries annually. Drivers may skid, or lose control of their vehicles more easily when driving on snow and/or ice covered roads. It is therefore, important to properly set up work zones with the traffic controls identified by signs, cones, barrels, and barriers, to protect workers. Workers exposed to vehicular traffic should wear the appropriate high visibility vest at all times, so that they can be visible to motorists (OSHA Letter of Interpretation, dated, August 5, 2009).

Learn more at: Work Zone Traffic Safety* (OSHA QuickCard™) and Highway Work Zones and Signs, Signals, and Barricades (OSHA Safety and Health Topics Page).

Stranded in a Vehicle

If you are stranded in a vehicle, stay in the vehicle. Call for emergency assistance if needed, response time may be slow in severe winter weather conditions. Notify your supervisor of your situation. Do not leave the vehicle to search for assistance unless help is visible within 100 yards. You may become disoriented and get lost in blowing and drifting snow. Display a trouble sign by hanging a brightly colored cloth on the vehicle’s radio antenna and raising the hood. Turn on the vehicle's engine for about 10 minutes each hour and run the heat to keep warm. Also, turn on the vehicle's dome light when the vehicle is running as an additional signal. Beware of carbon monoxide poisoning. Keep the exhaust pipe clear of snow, and open a downwind window slightly for ventilation.

Watch for signs of frostbite and hypothermia. Do minor exercises to maintain good blood circulation in your body. Clap hands and move arms and legs occasionally. Try not to stay in one position for too long. Stay awake, you will be less vulnerable to cold-related health problems. Use blankets, newspapers, maps, and even the removable car mats for added insulation. Avoid overexertion since cold weather puts an added strain on the heart. Unaccustomed exercise such as shoveling snow or pushing a vehicle can bring on a heart attack or make other medical conditions worse.  

Shoveling Snow

Shoveling snow can be a strenuous activity, particularly because cold weather can be tasking on the body. There is a potential for exhaustion, dehydration, back injuries, or heart attacks. During snow removal in addition to following the tips for avoiding cold stress, such as taking frequent breaks in warm areas, there are other precautions workers can take to avoid injuries. Workers should warm-up before the activity, scoop small amounts of snow at a time and where possible, push the snow instead of lifting it. The use of proper lifting technique is necessary to avoid back and other injuries when shoveling snow: keep the back straight, lift with the legs and do not turn or twist the body.

Using Powered Equipment like Snow Blowers

It is important to make sure that powered equipment, such as snow blowers are properly grounded to protect workers from electric shocks or electrocutions. When performing maintenance or cleaning, make sure the equipment is properly guarded and is disconnected from power sources.

Snow blowers commonly cause lacerations or amputations when operators attempt to clear jams with the equipment turned on. Never attempt to clear a jam by hand. First, turn the snow blower off and wait for all moving parts to stop, and then use a long stick to clear wet snow or debris from the machine. Keep your hands and feet away from moving parts. Refuel a snow blower prior to starting the machine; do not add fuel when the equipment is running or when the engine is hot.

Clearing Snow from Roofs and Working at Heights

Employers must evaluate snow removal tasks for hazards and plan how to do the work safely. Workers should be aware of the potential for unexpected hazards due to the weather conditions, for example, layers of ice can form as the environmental temperature drops, making surfaces even more slippery. A surface that is weighed down by snow must be inspected by a competent person to determine if it is structurally safe for workers to access it, because it may be at risk of collapsing. Snow covered rooftops can hide hazards such as skylights that workers can fall through. Electrical hazards may also exist from overhead power lines or snow removal equipment.

Employers can protect workers from these hazardous work conditions, for example, by using snow removal methods that do not involve workers going on roofs, when and where possible. Employers should determine the right type of equipment (ladders, aerial lifts, etc.) and personal protective equipment (personal fall arrest systems, non-slip safety boots, etc.) for the job and ensure that workers are trained on how to properly use them. For more information, see OSHA's Hazard Alert: Falls and Other Hazards to Workers Removing Snow from Rooftops and Other Elevated Surfaces*.

Preventing Slips on Snow and Ice

To prevent slips, trips, and falls, employers should clear walking surfaces of snow and ice, and spread deicer, as quickly as possible after a winter storm. In addition, the following precautions will help reduce the likelihood of injuries:

• Wear proper footwear when walking on snow or ice is unavoidable, because it is especially treacherous. A pair of insulated and water resistant boots with good rubber treads is a must for walking during or after a winter storm. Keeping a pair of rubber over-shoes with good treads which fit over your street shoes is a good idea during the winter months.
• Take short steps and walk at a slower pace so you can react quickly to a change in traction, when walking on an icy or snow-covered walkway.

Repairing Downed or Damaged Power Lines

Repairing and/or replacing damaged power lines in severe winter weather conditions are especially hazardous. A major hazard is snow, because the moisture can reduce the insulation value of protective equipment, and could cause electrocution. In these conditions de-energized work is safer, but if energized work must be done, qualified workers and supervisors must first do a hazard analysis that includes evaluating the weather conditions and identifying how to safely do the job.

Other potential hazards include:

• Electrocution by contacting downed energized power lines, or contacting objects, such as broken tree limbs, in contact with downed energized power lines.
• Fires caused by an energized line or equipment failure.
• Being struck or crushed by falling tree limbs, collapsing poles, etc.

When working on downed or damaged power lines, electrical utility workers should use safe work practices, appropriate tools and equipment (including personal protective equipment (PPE)). Extra caution should be exercised when working in adverse weather conditions. Learn more at: Contact with Power Lines (OSHA Construction eTool).

Working Near Downed or Damaged power lines

Assume all power lines are energized and stay clear of any downed or damaged power lines. Establish a safe distance from power lines and report any incidents to the responsible authority. Only properly-trained electrical utility workers can handle damaged power lines. Learn more at: Contact with Power Lines (OSHA Construction eTool) and Working Safely Around Downed Electrical Wires* (OSHA Fact Sheet).

Removing Downed Trees

Clearing downed trees is a critical job during severe winter weather conditions. It is usually urgent to remove downed trees that block public roads and damage power lines. Emergency crews are often tasked with clearing downed trees.

Potential hazards include:

• Electrocution by contacting downed energized power lines or contacting broken tree limbs in contact with downed energized power lines. Learn more at: Line Clearance Tree Trimming Operations (OSHA Electric Power eTool).
• Falls from heights.
• Being injured by equipment such as chain saws (Chain Saw Safety* (OSHA QuickCard™)) and chippers (Chipper Machine Safety* (OSHA QuickCard™)).

Workers should wear PPE that protect them from the hazards of the tree removal tasks. Workers using chainsaws and chippers to clear downed trees should use: gloves, chaps, foot protection, eye protection, fall protection, hearing protection and head protection.

Only powered equipment designed for outdoor and wet conditions should be used. Use all equipment and tools (saws, chippers, etc.) properly and for the purpose that they are designed for. Ensure that equipment is always maintained in serviceable condition and inspected before use by a knowledgeable person that can identify any problems with the equipment. Do not use equipment that is not functioning properly. Equipment must have proper guarding (as applicable); safe guards must never be bypassed.  All controls and safety features must function as designed by the manufacturer. Learn more at: Tree Trimming and Removal* (OSHA QuickCard™).

Daylight Saving Time “fall back” doesn’t equal sleep gain

Today's post is shared from harvard.edu and it highlights the need for caution in the workplace following a shift in the time schedule so that bodies can adjust and accidents are avoided because of the exhaustion caused by the semi-yearly statutory time shift.

Daylight Saving Time officially ends at 2:00 am this Sunday. In theory, “falling back” means an extra hour of sleep this weekend.

NY Governor Cuomo Announces New Ventilation Standards For Nail Salons

Governor Andrew M. Cuomo announced that new ventilation requirements to protect workers and customers in nail salons statewide will go into effect this October. Nail salon ventilation systems must meet the standard set by the 2015 International Mechanical Code, which contains specific ventilation requirements for nail salons and any other businesses that provide nail services, such as hair salons.

Water is Work - World Water Day March 22, 2016

Today's post is shared from .unwater.org and from cdc.gov Water is critical to work, health and safety.

World Water Day 2016, sponsored by the United Nations, is focused on water and jobs. Approximately half of workers around the world (1.5 billion persons) have jobs in water-related industries. Many industries rely on water to perform jobs, such as fishing, agriculture, manufacturing, and food service. Societies and economies depend on the men and women who work to keep the world’s drinking water safe.

Insurance Company Plans to Track Movements of Workers In The Name Of Safety

A major workers’ compensation insurance carrier is planning to “tag” workers with individual movement trackers in the name of safety. Privacy issues were not addressed in the announcement.

American International Group, Inc. (NYSE:AIG) today announced a strategic investment in Human Condition Safety (HCS), an early-stage technology startup company developing wearable devices, analytics, and systems to improve worker safety.

Drivers' Protected From Being Forced to Violate Safety Regulations

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) today announced the publication in the Federal Register of a Final Rule to help further safeguard commercial truck and bus drivers from being compelled to violate federal safety regulations.  The Rule provides FMCSA with the authority to take enforcement action not only against motor carriers, but also against shippers, receivers, and transportation intermediaries.

“Our nation relies on millions of commercial vehicle drivers to move people and freight, and we must do everything we can to ensure that they are able to operate safely,” said U.S. Transportation Secretary Anthony Foxx.  “This Rule enables us to take enforcement action against anyone in the transportation chain who knowingly and recklessly jeopardizes the safety of the driver and of the motoring public.”

The Final Rule addresses three key areas concerning driver coercion: procedures for commercial truck and bus drivers to report incidents of coercion to the FMCSA, steps the agency could take when responding to such allegations, and penalties that may be imposed on entities found to have coerced drivers.

“Any time a motor carrier, shipper, receiver, freight-forwarder, or broker demands that a schedule be met, one that the driver says would be impossible without violating hours-of-service restrictions or other safety regulations, that is coercion,” said FMCSA Acting Administrator Scott Darling.  “No commercial driver should ever feel compelled to bypass important federal safety regulations and potentially endanger the lives of all travelers on the road.”

In formulating this Rule, the agency heard from commercial drivers who reported being pressured to violate federal safety regulations with implicit or explicit threats of job termination, denial of subsequent trips or loads, reduced pay, forfeiture of favorable work hours or transportation jobs, or other direct retaliations.

Some of the FMCSA regulations drivers reported being coerced into violating included: hours-of-service limitations designed to prevent fatigued driving, commercial driver’s license (CDL) requirements, drug and alcohol testing, the transportation of hazardous materials, and commercial regulations applicable to, among others, interstate household goods movers and passenger carriers.

Commercial truck and bus drivers have had whistle-blower protection through the Department of Labor’s Occupational Safety and Health Administration (OSHA) since 1982, when the Surface Transportation Assistance Act (STAA) was adopted.  The STAA and OSHA regulations protect drivers and other individuals working for commercial motor carriers from retaliation for reporting or engaging in activities related to certain commercial motor vehicle safety, health, or security conditions.  STAA provides whistleblower protection for drivers who report coercion complaints under this Final Rule and are then retaliated against by their employer.

In June 2014, FMCSA and OSHA signed a Memorandum of Understanding to strengthen the coordination and cooperation between the agencies regarding the anti-retaliation provision of the STAA.  The Memorandum allows for the exchange of safety, coercion, and retaliation allegations, when received by one agency, that fall under the authority of the other.

For more information on what constitutes coercion and how to submit a complaint to FMCSA, see: www.fmcsa.dot.gov/safety/coercion.  Please note: the Final Rule takes effect 60 days following its publication in the Federal Register.
This rulemaking was authorized by Section 32911 of the Moving Ahead for Progress in the 21st Century Act (MAP-21) and the Motor Carrier Safety Act of 1984 (MCSA), as amended.

For a copy of today’s Federal Register announcement, see: www.federalregister.gov/articles/2015/11/30/2015-30237/prohibiting-coercion-of-commercial-motor-vehicle-drivers.

….

Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thompson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson-Reuters). For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  have been representing injured workers and their families who have suffered occupational accidents and illnesses.

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Weather Alert: Workers' Need to Prepare for Cold Weather Exposures

The United States weather bureau has predicted bitter cold for a vast segment of the nation. Workers who  maybe exposed to frigid weather conditions should consult with the Centers for Disease Control and the National Institute for Occupational Safety and Health information in order to protect themselves from cold weather exposures. Such exposures may result in compensable injuries and illnesses for which workers' compensation benefits may be available.

Short Range Forecast Discussion NWS Weather Prediction Center College Park MD 358 PM EST Tue Jan 06 2015 Valid 00Z Wed Jan 07 2015 - 00Z Fri Jan 09 2015

***Bitterly cold temperatures from the Dakotas to the Northeast

***Lake effect snow continues downwind of the Great Lakes

***Mild and dry for the western part of the country

*** The weather pattern over the next few days will feature a massive surface high settling southward from Canada to the Great Plains on Wednesday, following by another large surface high by the end of the week. 

Both of these features are of Arctic origin, and will bring bitterly cold weather from the western High Plains to the Mid-Atlantic and Northeast U.S. Widespread subzero overnight lows are forecast for the Dakotas, Upper Midwest, Great Lakes, and interior New England. Wind chill advisories and warnings are in effect for many of these same areas, with some of the coldest wind chill readings in the -25 to -45 degree range! 

Some record low temperatures are also possible. In addition to the frigid temperatures, the cold air advection over the Great Lakes along with upper-level shortwave energy moving over the region is expected to produce significant lake effect snow downwind from the Great Lakes through midweek. The heaviest snow is likely to occur east of lakes Erie and Ontario, where local amounts will easily exceed one foot. 

Some upslope snow is likely in the central and northern Appalachians as well. The western U.S. is expected to remain dry with mild temperatures through the end of the week. Graphics available at www.wpc.ncep.noaa.gov/basicwx/basicwx_wbg.php

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Republic Steel reach comprehensive settlement agreement over safety and health violations

The U.S. Department of Labor's Occupational Safety and Health Administration today announced that Republic Steel has agreed to settle alleged health and safety violations at the company's facilities in Lorain, Canton and Massillon, Ohio, as well as Blasdell, N.Y. The comprehensive settlement, in which the company agrees to abate all cited hazards and implement numerous safeguards to prevent future injuries, addresses more than 100 safety and health violations found by OSHA at the company's facilities during inspections conducted in the fall of 2013. The agreement also resolves contested citations from two previous inspections regarding a June 2013 arc flash incident at the Lorain facility and a case alleging numerous fall hazards at the company's Canton facility that OSHA issued in August of 2013.

Under the terms of the settlement agreement, Republic Steel has agreed to pay $2.4 million, and has further agreed on additional penalty amounts in the event there is a determination of substantial non-compliance with the agreement. The company has agreed to abate all safety and health hazards identified by OSHA, including willful and serious violations for failure to provide required fall protection, failure to implement lockout/tag out procedures to protect workers who service or maintain machines, and failure to provide machine guarding to protect workers from hazardous machinery.

In addition to abating the cited hazards, Republic Steel has agreed to several additional measures to improve compliance with the Occupational Safety and Health Act of 1970 and better protect its employees. Republic Steel will: hire additional safety and health staff; conduct internal safety and health inspections with representatives of the United Steelworkers; establish and implement a comprehensive safety and health management program to identify and correct hazardous working conditions; hire third-party auditors to assure that hazards are identified and improvements are made; and meet quarterly with OSHA staff to assure implementation of this agreement.

OSHA initiated the inspections last fall in response to a serious injury after an employee fell through the roof of a building at the Lorain plant. OSHA expanded its inspections to all Republic Steel's facilities under the Severe Violator Enforcement Program.

"By agreeing to the terms of this settlement, Republic Steel has demonstrated a commitment to change its culture, invest in its employees, and work with OSHA and the United Steelworkers to make significant changes at its facilities that will improve the safety and health of its workers," said U.S. Secretary of Labor Thomas E. Perez. "The Labor Department looks forward to working with Republic Steel to ensure that it lives up to its commitment to improve workplace safety."

In addition to improvements noted, Republic Steel has agreed to several key changes in the management of its safety and health program, including:
reviewing and improving plant procedures to ensure OSHA compliance with machine guarding, control of hazardous energy (lockout/tag out), fall protection, personal protective equipment and other critical safety procedures;
implementing an electronic tracking system for identifying hazards/near misses, injuries and illnesses reported by workers;
mailing a letter to workers' families detailing the company's commitment to health and safety;
providing a card to employees informing them of the right to refuse to perform work that they reasonably and in good faith believe is unsafe or unhealthful without fear of being disciplined; and
providing supplemental training for all production and maintenance employees, including managers.

"The terms of this agreement to improve conditions and training are unprecedented," said Dr. David Michaels, assistant secretary of labor for OSHA. "The company has committed to supporting extensive worker participation, an important role for the joint health and safety committee, and implementation of a comprehensive safety and health program to better protect Republic Steel employees."

A copy of the settlement agreement is available at http://www.osha.gov/CWSA/RepublicSteel05012014.pdf. The agreement's Appendix A is available at http://www.osha.gov/CWSA/RepublicSteel05012014AppendixA.pdf and its Appendix B is available at http://www.osha.gov/CWSA/RepublicSteel05012014AppendixB.pdf.

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