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E: info@FDRsafety.com

 

Occupational Safety Blog

By Jim Stanley, former No. 2 official at OSHA and President of FDRsafety


Archive for July, 2010

An “abbreviated” primer on voluntary safety standards

July 28th, 2010

Most of us take voluntary safety standards for granted. As I look at my computer’s AC adapter, I see more than 20 symbols. As a consumer, I know that the manufacturer is declaring that the device conforms to numerous global, national and regional standards. The UL symbol, for example, tells me that the adapter conforms to the proper specification developed by Underwriter’s Laboratory. Without these standards, our world would truly be one of “buyer beware.”

At the business level, we buy machinery, equipment and tooling that list conformance to appropriate standards. ANSI B11 (general industry machine safety standards), API (American Petroleum Institute), NFPA, ASTM and UL are only some of the dozens of standards developing organizations in world of industrial safety. We also have standards for procedural things like lockout (ANSI Z244.1) and management system standards (ANSI / AIHA Z10).

As a matter of information that is sometimes a point of confusion, ANSI (American National Standards Institute) does not develop standards. Instead, ANSI accredits over 200 standards developing organizations in the United States and administers the consensus process of development to ensure balance, openness and due process.

In the global arena, we find groups like ISO (International Organization for Standardization) and IEC (International Electrotechnical Commission) that are familiar to many. Less familiar is the fact that far more international standards are developed by organizations such as ASTM International and IEEE. The European Union has CEN standards that are roughly equivalent to ANSI standards in the US.

Voluntary safety standards are a complex and confusing world, and are akin to peeling an onion – there is always another layer – and sometimes you just want to cry. All of us benefit from the untold hours spent by thousands of volunteers who devote time and energy to develop the requirements that will protect the public and employees.

This is the first of what will be a series of blog posts to help HSE pros gain a better understanding by “eating this elephant” one bite at a time. For now, the answer to the questions of “What’s in it for me?” or “Why should I care?” is this:

Without voluntary safety standards:

  • Companies would be dealing with a huge number of hazards that should have been addressed in the design phase of products or services.
  • HSE pros would have to address increased residual risk because hazards were not eliminated and feasible engineering controls were not used. Achieving acceptable risk would require increased warnings, training, administrative controls and PPE.

Voluntary standards make the world a safer place.

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Five ways to avoid being cited for ‘willful,’ ‘repeated’ OSHA violations

July 27th, 2010

There’s no question that along with OSHA’s big enforcement push has come a substantial increase in the number of violations labeled “willful” or “repeated.” The consequences of such citations are potentially severe from the standpoints of financial impact, public relations and civil liability.

But there are some things you can do to avoid having a violation classified as “willful” or “repeated” which attorney Arthur Sapper outlines in an informative article. Sapper, an attorney with McDermott, Will & Emery, is one of the real pros in the safety community, having served as deputy general counsel to the Occupational Safety and Health Review Commission.

First a little background. Violations found by OSHA to be “wilfull” or “repeated” carry higher penalties – up to $70,000 per violation – than do other-than-serious violations, which have a maximum penalty of $7,000. Under the Obama admistration, OSHA is issuing “egregious” willful citations at a rate five times greater than when the President was sworn in.

So here are Sapper’s five steps for avoiding a “willful” or “repeated” violations when dealing with an OSHA inspector. To read the full article, click here.

1. Don’t argue with the standards.
2. Know your company’s history with OSHA
3. Don’t ignore employee complaints or accident reports
4. Don’t argue with the inspector
5. Consult a knowledgeable attorney early on

To keep up with the steps OSHA is taking to increase enforcement, subscribe to our blog and have it delivered automatically to your mailbox or Reader.

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House committee approves OSHA bill; moves it to the floor

July 22nd, 2010

A bill to tighten enforcement in OSHA and MSHA advanced a step Wednesday, receiving approval in the House Education and Labor Committee in a vote along party lines.

The changes to OSHA were originally in a bill called the Protecting America’s Workers Act, but the measure was merged with one to tighten enforcement in the nation’s mines after an accident in West Virginia earlier this year killed 29 coal miners.

Committee Republicans said changes to OSHA should be stripped out of the mine safety bill and made a motion to do so, but it failed in a vote.

The bill now moves to the House floor.

For a more complete account of Wednesday’s debate, see an article in “The Hill.”

To keep up with this bill, as well as the administrative steps OSHA is taking to step up enforcement, subscribe to our blog and have it delivered automatically to your mailbox or Reader.

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