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SPILL PREVENTION AND RESPONSE CRUCIAL IN THE WORKPLACE

By Workplace Safety

The old proverb says, “Don’t cry over spilled milk.” Whether it’s milk, coffee, oil or chemicals, any kind of workplace spill can lead to serious problems or injuries. Not only could your workers slip and fall, but they might also be exposed to dangerous substances and fumes. Follow these tips on how to handle spills and a few ways to prevent spills in the first place.

Spill Response:

  • Know your materials: Ensure that all your employees are familiar with the proper storage, handling techniques and spill response methods for each material in your workplace.
  • Draw up a spill response plan: Create a worksite spill response plan and train your employees on how to respond to different spills. Maintain material safety data sheets for each material on the worksite. These sheets should cover the correct spill response, cleanup and disposal techniques for each material. Make sure that each worker reads and understands your worksite spill response plan, and keep copies of the material safety data sheets easily accessible so employees can refer to them quickly if necessary.
  • Use the right gear: When cleaning up a spill, workers should wear the appropriate protective gear, including gloves, safety glasses, coveralls and respirators. Make sure that all employees know where this gear is stored and when and how to use this equipment.
  • Respond immediately: If a worker causes or finds a spill, they should notify their supervisor and surrounding coworkers immediately. If the spill is flammable or volatile material, shut off all flame sources and air out the area if it’s safe. Barricade the spill area so workers avoid exposure to the substance, and try to prevent the spilled material from entering floor drains or outside areas. If a worker is exposed to dangerous spilled material, get them to a well-ventilated area and use emergency eye washes or showers on them for at least 15 minutes. If necessary, seek medical attention.
  • Ask for help: While workers can handle some spills themselves, other spills should only be cleaned by an expert. Ensure that all your employees understand when it’s okay for them to clean a spill and when they should contact their supervisor or an outside professional for help.
  • Size matters: Different sized spills should be handled differently. Generally, if a spill is equal to one cup or less, workers can simply wipe it up with paper towels or other absorbent materials. For a one-gallon spill, you can typically clean up the mess with spill socks, pads or absorbents. As workers clean these larger spills, they should surround the puddle with absorbent materials and work toward the middle of the spill—this will reduce spreading or splashing of the material. If the spill is two gallons or more, you might want to contact your emergency spill response team or an outside resource to handle the cleanup.
  • Use proper disposal methods: Once you have soaked up the spill, use a broom and dustpan to sweep up all the wet towels, spill absorbents or other cleanup materials. Thoroughly clean and decontaminate the floor as well as any tools, machinery or other surfaces that might have been exposed to the spill. Double bag all the contaminated clean-up materials in plastic and place the bags inside a plastic or metal drum. Label the drum as “Hazardous Waste” with the date and the type of materials spilled. Arrange for proper storage and/or disposal of the drum.

Spill Prevention:

  • Use smart storage techniques: Store materials in appropriate, well-sealed containers in the proper environment. Group similar materials together and post each material storage area with the proper spill response technique and emergency phone numbers. Store all materials indoors, away from exterior doors and drains, to prevent accidental spills into the environment.
  • Limit materials: Try to limit the amount of hazardous materials stored in your workplace. This will minimize the risk of major spills. If you must keep a large amount of a certain material or if you have any toxic or hazardous materials, store these substances in double containers.
  • Move materials carefully: When you or your workers are moving materials, carry one container at a time or place multiple containers on a rolling cart.
  • Look for leaks: Check all of your storage equipment, material lines and materials dispensing areas for signs of leaks as often as possible.

PRACTICE OSHA GUIDELINES FOR HEAVY EQUIPMENT USE NEAR POWER LINES

By Workplace Safety

Incidents involving contact between heavy equipment and overhead power-lines are more common than you might imagine. Some of the more typical occurrences include workers lifting loads with cranes, operating trucks with raised beds, and placing drilling equipment into position. In each of these instances, the danger exists because workers failed to realize just how close they were to power lines.

Machinery that makes contact with an overhead power line conductor becomes energized with electricity ranging from several thousand to more than 10,000 volts. When this happens, there are three ways that injury can occur:

  • Workers in direct contact with both the machine and ground become a pathway for electrical current.
  • Equipment operators, who are unaware of the line contact, or of their imminent danger, dismount the equipment, which causes them to bridge the high voltage between the equipment and ground.
  • Nearby workers who try to help co-workers involved in the incident make contact with energized equipment or victims.

Because accidents involving power lines and heavy equipment are such a problem, OSHA established the following guidelines:

  • All equipment covered by Subpart O—Motor Vehicles, Mechanized Equipment, and Marine Operations, must comply with 1926.550(a)(15) when working or being moved in the vicinity of power lines or energized transmitters.
  • Any overhead line must be considered energized unless and until the person owning the line or electric utility authorities indicate that it is not and has it visibly grounded. There are three OSHA approved methods to protect equipment operators from coming into contact with live overhead lines:
    • De-energize lines and visibly ground them before work begins. The owner of the property or the utility company is responsible for performing this step.
    • Construct insulating barriers that are separate from the equipment to prevent physical contact with the lines.
    • Operate equipment only if the required clearance between the lines and the equipment exists. If the line is rated 50 kV or below, there must be a 10 foot clearance. If the line is rated over 50 kV, there must be a minimum of 10 feet plus 0.4 inch for each 1 kV over 50 kV. Keep in mind that the required amount of clearance must be between the line and all parts of the equipment.
  • Transporting crane-type equipment with no load and boom lowered requires a minimum of 4 feet of clearance for voltages less than 50 kV, and 10 feet of clearance for voltages between 50 kV and 345 kV. Voltages over 345kV, up to and including 750 kV, require a 16 foot clearance.
  • A person must be designated as a spotter to ensure line clearance of the equipment. The spotter is also required to give a timely warning for all operations where it is difficult for the operators to see if they are maintaining the desired clearance.

CREATE DANGER-FREE JOBSITES WITH THESE SAFETY IDEAS

By Workplace Safety

Countless hazards can arise when workers are operating materials handling equipment on the jobsite. However, if operators and surrounding workers practice the proper safety guidelines, you can keep your jobsite free and clear of danger.

According to the Occupational Safety & Health Administration (OSHA), there are two different categories of materials handling equipment: Earthmoving equipment and lifting and hauling equipment. OSHA provides safety guidelines for each of these types of vehicles. You can ensure a hazard-free jobsite by requiring your workers to follow these rules:

Earthmoving equipment safety

According to OSHA, earthmoving equipment is any type of equipment that moves dirt around, although some of these machines are also used as equipment haulers. This includes loaders, scrapers, wheel tractors, bulldozers, crawler tractors, off-highway trucks, agricultural and industrial tractors, graders and similar equipment. OSHA’s safety rules for earthmoving equipment are as follows:

  • Seat belts must be provided on all equipment as designated by OSHA. However, seat belts are not necessary on equipment designed only for stand up operation or equipment without a roll-over protective structure (ROPS) or adequate canopy protection.
  • No construction equipment or vehicles should be driven on access roadways and grades unless the area is specifically designed to withstand the equipment. Additionally, every emergency access ramp and berm must be constructed to restrain and control any possible runaway vehicles.
  • All machines that move in two directions, including rollers, front-end loaders, bulldozers and compacters, must be equipped with an audible horn. The horn must be loud enough to be heard over the other jobsite noise and should be used whenever the operator is moving the equipment in either direction.
  • If earthmoving or compacting equipment has an obstructed view to the rear, this equipment should not be moved in reverse unless it either has a reverse signal alarm that is loud enough to be heard over the jobsite noise or another worker signals the operator that it is safe to reverse.
  • All earthmoving equipment must be equipped with service brakes that operate even when the equipment is fully loaded.
  • Scissor points on all front-end loaders must be guarded.

Lifting and hauling equipment safety

OSHA defines lifting and hauling equipment as equipment that moves raw materials around a jobsite. This might include industrial trucks, forklifts, stackers, telescopic handlers and other similar equipment. The OSHA safety requirements for this type of equipment are as follows:

  • Never exceed capacity ratings for equipment.
  • The rated capacity must be clearly posted on lift trucks, stackers and similar vehicles so that the operator can see it. When adding auxiliary removable counterweights provided by the manufacturer, the vehicle’s capacity must be adjusted accordingly and posted.
  • Do not attach steering or spinner knobs to the steering wheel unless the steering mechanism can prevent road reactions from causing the steering wheel to spin. If so, you must mount the steering knob within the periphery of the wheel.
  • Only authorized workers can ride on powered industrial trucks. Those who are authorized to ride must be provided with a safe place to ride.
  • You must receive the manufacturer’s written approval before making any modifications or additions that might affect the capacity or safe operation of equipment. If you receive approval to make these changes, you should change the capacity, operation and maintenance instruction plates or tags accordingly.

When materials handling equipment comes into play on the jobsite, workers can face a myriad of potential dangers. OSHA requires that operators of equipment and machinery must be qualified by training or experience to operate that equipment. If you want to keep your jobsite clear and free of danger, ensure that only experienced workers operate equipment. You should also constantly reinforce OSHA’s safety regulations with all equipment operators as well as surrounding workers.

WELLNESS PROGRAMS PAY OFF IN THE LONG RUN

By Employment Resources

Various studies of the return on investment (ROI) generated by wellness and health promotion programs establish that these programs can indeed provide payback on the dollars invested in them. Regardless of the ultimate payback, however, an employer wishing to establish such programs still will need to find the financial resources to set them up — an investment that might be small or large, depending on the extent of the program. Given the added costs generated by employees with unhealthy lifestyles or modifiable health risks, it’s worth exploring all possible ways to fund a wellness initiative.

Employees’ unhealthy behaviors add greatly to a company’s health care costs. Using tobacco, living a sedentary lifestyle, being overweight or obese, eating a diet lacking in nutrition, or failing to properly care for a controllable chronic health condition all can take a toll on a company’s bottom line, as well as on an individual’s health. According to data cited in a report from the Wisconsin Public Health & Health Policy Institute, illness and injury associated with an unhealthy lifestyle or modifiable risk factor can account for at least 25% of employee health care expenditures.

This same report cites a handful of studies that support the proposition that wellness, health promotion and disease prevention programs provide “multifaceted payback on investment,” through improved worker health, reduced benefit expense and enhanced productivity. Studies cited reported ROI ranging from approximately $1.50 to close to $6.00 per dollar invested, varying by type of program and by whether health care costs alone, or also factors such as reduced absenteeism and improved productivity, were considered. Another study published in the Journal of Occupational and Environmental Medicine found that employers could save $1.65 in health care costs for every dollar spent on a comprehensive employee wellness program.

If you accept that wellness programs will save you money over time, you still need to find the money to get such a program up and running. Try not to let funding concerns convince you to skimp on the quality of the program, as it takes a well-designed, targeted and comprehensive program to achieve the kind of ROI found in the studies. That said, consider these funding possibilities:

  • Implement the wellness program at the same time that you make other health plan changes. If your benefit program does not include any high deductible health plan options (with lower premiums), now would be a good time to think about adding a consumer-driven plan to the mix.
  • Make a health risk assessment part of the wellness program, charge a higher health plan premium rate for employees who decline to take the assessment, and apply these funds to wellness program costs.
  • Ask your health plan vendors what wellness programs they offer and whether they are integrated with your current plan, or if they could be added to your plan at a discount.
  • Survey employees to ascertain what types of programs they would use and, furthermore, would be willing to contribute to.
  • Look at your benefits program overall for possible sources of funding. For example, are there little-used benefits that could be converted to a voluntary program? Or any high cost (for both employer and employees) health plan options that draw a low enrollment and, potentially, could be eliminated?

Employees with unhealthy lifestyles or modifiable health risks are likely to cost more to employ. It’s worth taking the time and exploring all options to fund programs that target these employees’ needs.

NEW LEGISLATION AWARDS COBRA SUBSIDY TO INVOLUNTARILY TERMINATED EMPLOYEES

By Employment Resources

The U.S. Department of Labor has issued four model COBRA notices which cover the provisions of the American Recovery and Reinvestment Act of 2009. These model notices will enable employers to notify former employees and their dependents how to take advantage of COBRA coverage and the subsidy.

There are four new notices available for different types of plans and individuals:

  1. General Notice (Full version) – Send this notice to ALL qualified beneficiaries going forward. This combines a general COBRA notice with the premium reduction provisions of ARRA.
  2. Abbreviated Version of the General Notice – This notice covers just the premium reduction information under ARRA – Send this notice to individuals who experienced a qualifying event during on or after September 1, 2008, have already elected COBRA coverage, and still have it.
  3. Alternative Notice – This notice is sent to persons who became eligible for continuation coverage under a State law. Plans will need to modify notice to bring it into compliance with their applicable state law.
  4. Notice in Connection with Extended Election Periods – This notice includes information on ARRA’s special election opportunity along with the premium reduction information. This notice MUST be provided to these individuals by April 18, 2009. Plans subject to the Federal COBRA provisions MUST send this notice any “assistance eligible individual” who:

    a. Had a qualifying event at any time from September 1, 2008 through February 16, 2009; and,
    b. Either did not elect COBRA continuation coverage, or who elected it but subsequently discontinued COBRA.

Additional References

http://www.dol.gov/ebsa/COBRAmodelnotice.html
http://www.dol.gov/ebsa/faqs/faq-cobra-premiumreductionEE.html

EMPLOYERS MUST GET UP TO SPEED ON CHIP REAUTHORIZATION ACT

By Employment Resources

New special enrollment rights, together with notice and disclosure requirements for employers, are among the provisions in the Children’s Health Insurance Program (CHIP) Reauthorization Act of 2009, signed into law by President Obama on February 4, 2009. CHIP is the federal program that gives matching funds to states in order to provide Health insurance to low income families with children. The Reauthorization Act expands the program, but is also including new special enrollment rights and notice and disclosure requirements for employers.

The law creates special enrollment rights for employees and their dependents who are “eligible but not enrolled for coverage” under an employer’s group health plan in two situations: The employee’s or dependent’s Medicaid or CHIP coverage is terminated as a result of loss of eligibility, or the employee or dependent becomes eligible for a subsidy (see next paragraph) under Medicaid or CHIP. An employee exercising one of these special enrollment rights must do so within 60 days of Medicaid/CHIP termination or becoming subsidy-eligible. (Note that this special enrollment rights period is twice as long as that under the HIPAA special enrollment rights situations.) These special enrollment rights became effective April 1, 2009.

States can provide health care coverage directly to CHIP-eligible individuals, but the law also allows them the option of paying a premium assistance subsidy so that low-income employees can cover CHIP-eligible children under an employer group plan. The subsidy can be provided to the employee as a reimbursement for premiums paid to the group plan, or to the employer sponsoring the plan. Employers can opt out of receiving the subsidy payment, in which case it will be paid to the employee. The subsidy can only be offered for what the law refers to as “qualified employer-sponsored coverage” — a plan for which the employer contributes at least 40% of the cost, and not including health care flexible spending accounts and high deductible health plans.

In states that provide a premium assistance subsidy, employers will be required to give employees notice of the potential opportunity for the subsidy. Such a notice will need to be provided when notifying the employee of plan eligibility, when open enrollment materials are distributed, or when providing the summary plan description (SPD). The Department of Health and Human Services (HHS) is to develop a model notice by February 4, 2010; this notice requirement will become effective for employers beginning with the plan year after issuance of the HHS model notice.

The law also creates a disclosure requirement for group health plans. The purpose of disclosure will be to help states determine eligibility for the subsidy and its cost-effectiveness. HHS and the Department of Labor (DOL) will form a working group to develop a model disclosure form, and employers will be required to disclose information upon request beginning with the plan year following issuance of the model disclosure form.

The law provides for penalties of up to $100 a day for failure to comply with either the notice or disclosure requirements.

So what should employers be doing now to get up to speed on this new law?

  • Identify all states where employees reside and determine whether the state provides a premium assistance subsidy.
  • Review health plan documents and amend them as necessary to provide for the new special enrollment rights. As noted above, employees are able to exercise these special enrollment rights effective April 1, 2009.
  • Review any health insurance contracts’ coordination of benefits (COB) provisions, because states will be the secondary payer for services provided under employer group health plans for which a premium assistance subsidy is provided.
  • Stay alert to developments from the DOL and HHS concerning this law, and be prepared to take compliance steps as soon as the model notice and disclosure forms are released.

AIRLINE MUST PAY WHISTLE-BLOWER WHO RAISED SAFETY CONCERNS

By Your Employee Matters

OSHA has ordered Southern Air Inc., a cargo airline headquartered in Norwalk, Conn., to pay more than $400,000 in lost wages, back pay, damages, and legal fees to compensate a flight crew member who was terminated for raising safety concerns protected under the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21).

The employee was terminated in April 2008 after twice complaining to management about inadequate rest breaks and being required to work hours in excess of those allowed under FAA rules. The employee then filed a whistleblower complaint with OSHA’s Boston Regional Office.

After finding merit to the complaint, OSH issued a Notice of Secretary’s Findings and Preliminary Order directing Southern Air to pay the complainant $300,000 for loss of career wages, $135,240 in compensatory damages, $7,394.65 in attorney’s fees and back pay of $1,485 per week, plus interest, from April 7, 2008, through the date of payment. The company was also ordered to post the FAA whistleblower poster and an OSHA notice to employees about their whistleblower rights.

“Employees have a strong and clear right to raise legitimate safety and health concerns about their working conditions without fear of termination or reprisal,” says OSHA New England Regional Administrator Marthe Kent. “We will pursue the appropriate legal remedies whenever we find that workers have been denied this vital safeguard.”

In addition to AIR21, OSHA administers the whistleblower provisions of the Occupational Safety and Health Act and other statutes protecting employees who report violations of securities, trucking, airline, nuclear power, pipeline, environmental, rail, public transportation and consumer product safety laws. For detailed information on employee whistleblower rights, including fact sheets, go to: http://www.osha.gov/dep/oia/whistleblower/index.html.

BIAS CLAIMS: UP, UP, AND AWAY!

By Your Employee Matters

It should come as no surprise that a weakening economy, growing unemployment rates and an “employee friendly” Administration have led to a significant jump in claims. As with the EOOC stats below, Jury Verdict Research reports a record level of employee verdicts in 2007 with similar numbers coming in for 2008. Expect more of the same for 2009. Bottom line: Better make sure you have EPLI coverage!

EMPLOYEE FREE CHOICE ACT RE-INTRODUCED TO CONGRESS

By Your Employee Matters

After months of speculation regarding when the Congressional debate over the Employee Free Choice Act (EFCA) would begin, this controversial legislation was reintroduced March 10th in both the United States Senate (S. 560) and the House of Representatives (H. 1409). As reported in previous updates and E-Mail Alerts, EFCA would eliminate secret ballot union elections, dramatically change the process by which a first collective bargaining agreement is negotiated, and significantly increase the penalties employers face for unfair labor practices without imposing stiffer sanctions for labor unions. For more information on EFCA, please contact your local Worklaw Network firm representative. HR That Works users should read the extensive report on the EFCA found in the Special Reports section.

Article courtesy of the Worklaw® Network.

PREVENTING SEXUAL HARASSMENT CLAIMS

By Your Employee Matters

By now everyone should know that sexual harassment is against the law, causes lawsuits, and ruins careers. Nonetheless, managers, employers, and employees continue to engage in it all too often. Roughly $50 million was paid in sexual harassment cases according to the EEOC in 2007 – and that doesn’t include hundreds of state court verdicts. As a reminder, here are the basics of sexual harassment prevention:

  • A publicly articulated policy that’s acknowledged by the entire workforce.
  • A message from the top that sexual harassment will not be tolerated.
  • Training for managers and employees on sexual harassment — what it is and how to prevent it. HR That Works users have these Training Modules available to them 24/7.
  • Don’t assume who can be considered a harasser or a victim. For example, 16% of sexual harassment claims were filed by men last year. Sexual harassment law also includes conduct engaged in by independent contractors, customers, and clients.
  • The definition of sexual harassment continues to broaden. If it has anything to do with sex, you can consider it to be sexual. And since our culture is obsessed with sex, you can rest assured that stupid and misguided conduct in this area will continue.
  • Once you’re notified of sexual harassment, engage in a prompt and thorough investigation. As always, if you have any doubts about how to handle the matter, contact an experienced employment law attorney immediately.
  • Finally, guard against possible retaliation claims. Claimants will be highly sensitive to any criticism and instances of poor performance must be specifically documented. Any termination within three months of a complaint is almost always regarded as retaliatory.

HR That Works members should take advantage of the sexual harassment training videos and other tools to prevent these destructive claims.