Environmental Health and Safety Blog | EHSWire

Laurie de Laski

Having spent a large part of the last 25 years as an EHS professional developing and implementing Health and Safety Plans in a wide variety of industries, I was pleased to see that companies are requesting contractors and service providers to be prequalified for safety during the bidding process.  Conceptually, prequalification for safety should “raise the safety bar” and, companies with a well-developed safety plan should be rewarded for their proactive ethos with a competitive edge in the marketplace.  At Emilcott we have seen this really happen! Highly competitive project opportunities open up for clients that have genuinely adopted a top to bottom buy-in on the importance and value of safety. And, of course, they also experience measurable drops in both injury and insurance rates based on their safety performance.

Is the safety prequalification process good?

To have the “win-win”, the safety programs required for the project must be appropriate for the bidding contractor’s scope of work.  And, these safety programs need to be adopted, implemented and enforced. So, in order to make the prequalification process manageable for the companies writing the scope of work and the bidding contractors, an industry of on-line safety verification companies has evolved. While helping the contracting companies organize their bid processes, this on-line verification is very one-size fits all and focuses heavily on written programs, which may not be applicable to the scope of work.  This all or nothing approach leaves me wondering if on-line verification actually does raise the bar or just rubber-stamps paper safety programs.

Here’s the process “in theory”…

Contractors must have written safety programs that meet the requirements of the client.  The programs are submitted on-line and reviewed by the verification company.  Programs meeting the specifications are passed; those that don’t pass are requested to be updated.  This practice sounds likes a good idea, however,

• Many times contractors are required to write safety plans for equipment and operations outside the scope of their operations.


• The contractors spend a significant amount of time inputting the information to the website with no guarantee of being accepted. 


• Many of the bidding contractors are small businesses without the support or money to handle the overhead costs associated with maintaining their entries in the safety verification website.

For a quick safety program, click here!

Don't have the time to develop a safety plan? Don’t know what you’re missing? Under the gun to qualify for a lucrative project?  Don’t worry!

A large number of on-line “safety” specialists are available to help contractors meet the prequalification safety requirements! They advertise the development of company-specific safety programs that will meet the verification requirements at a very low cost, and some will include on-line input on behalf of the contractor and guarantee that they will pass.  One organization guaranteed approval in 72 hours!

Wait a minute…what problem does this solve? These companies offer to “customize” the safety plan by including the contractor’s company name and logo.  These cookie-cutter programs may meet verification requirements, but don’t appear to be customized for the contractor operations or the protection of the workers.  My sense is that there is no effort to actually develop a program that would be implemented by the contractor.  In conclusion, this “click here” approach does not raise the safety bar – it merely creates the illusion of a safety culture.

So, does safety prequalification work?

While health and safety program verification using this broad, sweeping approach may reduce the client’s liability, it doesn’t automatically improve safety performance.  In addition, the contractor may not be aware that they are creating a huge liability if they don’t implement their own safety program. In fact, OSHA will fine heavily for injuries that occur due to the lack of compliance with their stated safety plan.  Criminal penalties are also a possibility since the contractor could be considered negligent in not implementing or enforcing the procedures.

Where should we go from here?

The Requirements - Companies should require contractors to maintain only the safety programs that apply to the scope of work.  Requiring extensive safety programs for hazards the contractor is not likely to encounter devalues the safety culture for both the site and the contractor.

The Contractor Safety Programs - Contractors need to honestly implement programs that apply to their scope of work; understand the intent of the specific safety programs by learning the requirements of the regulations, provide employee training, and foster a culture of safety awareness with their employees.

The Verification Process – Be clear about the REAL goal of the process. If the objectives are truly to reduce accidents, improve safety, and make sure that everyone goes home at night, then old fashioned site health and safety inspections are what should be required.  Seeing how people work is the best way to make improvements in safety!

Do you think that the on-line safety verification process actually make a difference or is worth the time and expense?  Have you worked on a project where the on-line verification process develop and promoted a safe work environment, or like me, do you doubt they make a positive impact at all?

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Topics: Personal Protective Equipment, health and safety, General Industry H&S, General EHS, Construction H&S, H&S Training, Compliance, worker safety, Occupational Health, Occupational Safety, Occupational Training, safety plan, health and safety plan, safety prequalification, on-line verification

Sarah Stibbe Damaskos



Did you know that, in fiscal year 2010, OSHA issued approximately 94,000 citations?  Using this data, OSHA has recently released its Annual Top 10 list of Most Cited Violations.  OSHA releases this list every year – why? Paula Kaufmann, a CIH at Emilcott, thinks OSHA is telling us where we need to focus!  Use it as a warning or indicator that that OSHA is monitoring these trends and will be targeting companies most likely to have employees working with these hazards. 

At Emilcott, we provide health and safety guidance and support for hundreds of clients that range in size from small, family-owned businesses to Fortune 100 companies with facilities throughout the world. Our EHS consulting work familiarizes us with all types of facilities and a wide range of health and safety issues. One common thread brings these different companies and industries together:  when they embrace a company-wide safety culture they reduce their risks. So, when we look at the categories and the sheer volume of violations (47,000!) that support OSHA’s Top 10, we know that the solution for every violation is universal:   safety training and commitment to creating a safe work environment with management leadership and employee involvement! With a top to bottom buy-in on the importance and value of safety, occupational hazards are observed, analyzed and prevented.  We have seen injury (and insurance) rates drop for our clients that have genuinely adopted this approach.  Some clients have even won highly competitive projects with their safety performance making the winning difference!

Let’s get back to this year's Top 10 categories. From year to years this lists stays virtually the same, but what we strive for, as occupational health and safety professionals, is a reduction in the number of incidents (and violations). 

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees.  As we review just the top 5 violations of 2010, consider if your company is providing adequate training and support to create a safe and healthful workplace for you.  Do you work in a culture of safety? What can you do to make your workplace safer for yourself and your coworkers?  Does your company understand the complete cost of ignoring occupational safety practices? 

1)  Scaffolding (OSHA 29 CFR 1926.454)

Training Solution:   At a minimum – Scaffolding awareness, approximately 2-3 hours of training investment. 

Learn More:  “ When OSHA revised its scaffolds standard in 1996, BLS [Bureau of Labor Statistics] studies showed that 25% of workers injured in scaffold accidents had received no scaffold safety training, and 77% of scaffolds were not equipped with guardrails. OSHA estimates that informed employers and workers, in compliance with correct safety standards, can save as many as 50 lives and prevent 4,500 accidents every year. In a recent BLS study, 72 percent of workers injured in scaffold accidents attributed the accident either to the planking or support giving way, or to the employee slipping or being struck by a falling object.”

2)  Fall Protection (OSHA 29 CFR 1926.503 & 1926.1060)

Training Solution:  OSHA requires training for anyone working on elevated surfaces, an approximate 2-4 hour training investment per person  This includes above excavations!  There is a requirement for Competent Person as well (to ensure that everyone is following the requirements and the equipment is appropriate).

Safety Violations Cost:  “ The U.S. Department of Labor's Occupational Safety and Health Administration has cited, a residential roofing contractor in Belleville, for violations in connection with fall hazards. Proposed penalties total $106,400.”

 3)  Hazard Communication (OSHA 29 CFR 1910.1200 & 1926.59)

Training Solution:  OSHA requires employers to provide employees with effective information and training on hazardous chemicals in their work area.  This means an initial training (1 to 2 hours) and follow-up training when new chemical hazards are brought onsite or when employees have new job tasks involving new chemical hazards.  Maintaining an accurate, up-to-date list of substances and a Material Safety Data Sheet (MSDS) for each substance  are also required.

Learn More:  Find out more about Hazard Communication here and, as global harmonization moves forward, talk to your health and safety staff about new developments or subscribe to updates from this OSHA site. 

Safety Violations Story: Young Workers:  Robert

4)  Respiratory Protection (OSHA 29 CFR 1910.134 & 1926.103)

Training Solution:  All employees who are required to wear respiratory protection, including filtering face pieces, must be properly trained how to use and care for a respirator-- this takes about 1 hour. Medical Clearance and Respirator Fit-test is also required, as is the assignment of a Respiratory Protection Program Administrator who should be properly trained in this task (about 8 hours).

Learn More:  Why Proper Respirator Protection Lets You Breathe Longer (and Breathe Easy)

5)  Ladders (OSHA 29 CFR 1910.26)

Training Solution:  Employees should be trained to properly use ladders and to recognize the hazards from falls while using ladders and stairways. This is generally a 30-minute training investment and can be part of regularly scheduled Tool Box Talks. OSHA also requires Ladder Inspection Program to remove and destroy defective ladders.

Learn More: “ OSHA rules apply to all stairways and ladders used in construction, alteration, repair, painting, decorating and demolition of worksites covered by OSHA’s construction safety and health standards” and this quick guide to portable ladder-related falls”.

So, are you concerned that you could be caught, written up and fined by OSHA due to safety violations?  Then, you need the Emilcott Training Needs Assessment Tool!  It’s free and is designed to help you determine which employees need health and safety training to meet regulatory compliance specific to your operation.

Here’s a final interesting  statistic:  According to OSHA, an effective safety and health program forms the basis of good worker protection and can save time and money—about $4 for every dollar spent—and increase productivity and reduce worker injuries, illnesses and related workers’ compensation costs.  Now that’s an investment that makes sense to your workforce and your wallet (and keeps you off OSHA’s top 10)!

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Topics: Emilcott, OSHA, General Industry H&S, General EHS, Construction H&S, H&S Training, Compliance, worker safety, Safety Training in Spanish

by: Capt. John DeFillippo, CHMP, EMT-B

When some of us head to the “office” the decisions we make about what to wear go way beyond fashion…our very lives could depend on our wardrobe choices. For many workers, Personal Protective Equipment, or PPE, protects them from slight and serious workplace injuries or illnesses resulting from contact with chemical, radiological, physical, electrical, mechanical, or other hazards. Here’s a rough guide to occupational “Dress for Success” (and survival!).

Let’s start with the head.

A properly fitting, ANSI-rated hard hat will do more than protect you from falling stuff. They’re rated to provide protection against electric and chemical hazards as well. By the way, you have to wear your hard hat correctly if you want it to protect your noggin:  Do not wear it backwards. Do not wear another hat underneath (except a proper hardhat liner).  Any stickers have to be removable so that the hard hat can be inspected for integrity.

Next, Move Down to the Eyes

According to OSHA, Not all eye protection is the same. Start by looking at the ANSI-89 rating on the specs. Does the rating match your job function?  And, don’t let style issues affect your decision whether or not to wear them. Safety glasses used to be big, unattractive, and were often uncomfortable. Not anymore! There are styles and sizes for everybody and most “well-dressed” workers have at least two pair:  sunglasses and clear. Keep in mind that eye injuries, including permanent blindness, occur on the job every day. According to OSHA, “ eye injuries alone cost more than $300 million per year in lost production time, medical expenses, and worker compensation”. Don’t let it happen to you.

Face Protection

OSHA considers face protection separate from eye protection - one is never a substitute for the other. This OSHA powerpoint is a great overview of eye and face protection requirements. Find out if your job (grinding and pressure washing for example) requires a face shield.

Don’t Forget Your Ears!

Your hearing is a delicate tool that, once damaged, cannot be repaired. Did you know that most cases of hearing loss in the US are the result of occupational exposure? Hearing protection, like respiratory protection, can get a little complicated so if you’re confused, ask an expert. EHS experts like Emilcott can perform quantitative noise analysis and provide best recommendations to protect hearing for your worksite. To start, a good rule of thumb is that if you need to raise your voice in normal conversation, you probably should be wearing hearing protection.

Body Protection

Protection for the body varies greatly depending on the hazard(s) encountered. At a minimum,   make sure you can be seen! High visibility garments are required by OSHA and DOT when working around traffic and are a good idea all the time.

Last (But Not Least), Your Feet

Safety footwear is required by OSHA if your feet are subject to injury. They also must be ANSI- approved -- look for the markings on the shoe or boot to be sure. 

The Final Word

Keep these points in mind the next time you get dressed for work:

• While individual PPE items may not go “out of style”, they do go out of date. Check your gear to make sure it’s still within the expiration date.

• Once your PPE has protected you from an injury, replace it.  It did its job and you don’t know how it will hold up a second time.

•  And, finally, get the good stuff. Those cheap boots may seem like a bargain until your feet start hurting.

By the way, the Dress for Survival list above, with the exception of respirators (a blog in itself!), is considered “minimum PPE” on most sites. You need proper protection for each body part just to get in.  Don’t know what to use?  For every job, there are specific OSHA requirements that are designed to keep you safe – your health and safety office or EHS group should be a resource for information as well as monitoring the worksite for safety needs. 

Does your company keep employees protected by dressing them in the appropriate safety PPE?  Have you ever done a self-evaluation, head to toe, of what you are wearing and if it adequately protects you from the job hazards that you may encounter?  Has your safety clothing ever protected you and how?

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Topics: OSHA, indoor air quality, Personal Protective Equipment, health and safety, General Industry H&S, General EHS, Construction H&S, Emergency Response, H&S Training, Hazardous Waste Management, Compliance, worker safety, Occupational Health, Fire Safety

Charles Peruffo

The Pollution Prevention Act (PPA) of 1990 (42 U.S.C. §13101 et seq. (1990)) was a paradigm shift in the control of pollution (and hazardous waste). While previous regulations emphasized the “end of the pipeline”, the PPA moved the control of pollution upstream in the manufacturing process to prevent the waste from being generated in the first place. Closely related to the PPA is the NJ Pollution Prevention Act.  Passed in 1991, the NJ PPA implements the concept of reduction in waste production “upstream” by requiring affected companies to develop and submit a 5-year pollution reduction strategy and file  a Release and Pollution Prevention Report (RPPR). The NJ Release and Pollution Prevention Report collects data for New Jersey Right to Know Act ( NJRTK).

What does the Federal PPA require?

Facilities must account for their use of toxic chemicals  and, where feasible, reduce their use.  Toxic pollution that cannot be reduced should be recycled, and pollution that cannot be recycled should be disposed of in an environmentally safe manner. 

EHS professionals must have a firm understanding of the processes that use toxic chemicals in order to reduce their use.  Documenting these activities is an important step in PPA compliance and must include an accounting for the final disposal of toxic chemicals.  Generally this is done using the EPA’s Toxic Release Inventory (TRI) Reporting Form R.  

For facilities in New Jersey, what else is required?

The New Jersey Pollution Prevention Act (NJ PPA), enacted in August of 1991, requires a Pollution Prevention (“P2”) Plan for facilities that meet specific requirements:

• A facility in New Jersey that files a Form R and a Release and Pollution Prevention Report (RPPR) under the New Jersey Worker and Community Right to Know Act for the same chemical(s) in two consecutive years.  Note that in New Jersey any employer required to submit a TRI Form R is also required to submit the RPPR.


• The chemicals listed in the Form R and RPPR remain at or above the TRI activity thresholds.

The facility must  prepare a five-year Pollution Prevention (P2) Plan and submit a P2 Plan Summary by July 1 once they become covered (the second year they submit an RPPR for the same chemical).  This becomes the “base year”.  For each of the following years that the facility remains at or above the TRI activity thresholds, the facility completes the P2-115 which compares pollution prevention progress for the reporting year to the base year.

The PPA Filing Process by an EHS Professional

When recently preparing PPA paperwork for a small biotech site, I had to collect a variety of information for preparing a New Jersey P2 Plan.  A brief review of the steps is listed below.  For detailed instructions, look at NJDEP Form DEP-113.

1. Contacted the company’s purchasing department to find out how much of each toxic chemical had been delivered to the facility. 


2. Contacted the company’s hazardous waste management contractor to confirm that the amount purchased (Step 1) equaled the amount that was disposed. 


3. Compare the purchased to disposed amounts. The amounts did not match. 


4. Investigate the discrepancy.  It turned out the waste management contractor was using a less accurate method for calculating the percentage of toxic chemical in our waste stream.  Their laboratory data indicated that the company was disposing of more toxic chemical than purchased.  Ultimately, the volume data from the company’s purchasing department was used since no new toxic chemicals could be produced by the company’s processes. 


5. Reviewed the company’s air permit for an estimation of the toxic chemicals lost to the air.


6. Calculated the chemical remaining as residue in the empty drums, which were also removed by our hazardous waste management contractor.


7. Contacted the site Controller for the facility SIC code.


8. Prepared a “Five-Year Use Reduction Goal” based on pollution prevention activities such as process improvements after a review of documentation of meetings where possible improvements were discussed with personnel who work with toxic chemicals as well as process engineering diagrams. (Sets site five year pollution prevention goals).
   
   
   
   • Progress towards these goals needs to be reviewed yearly and documented on the site P2 Plan.
   
   
   
   


9. Obtain signatures for plan from the “highest ranking corporate official with direct operating responsibility” and the “highest ranking corporate official at the facility”.

Note --- A P2 Plan Summary needs to be updated and submitted every five years for the chemicals referenced in the original P2 Plan submission.

This process needs to be repeated for each toxic chemical at each applicable facility in New Jersey with all of the information included as part of one P2 Plan regardless of the number of toxic chemicals reported.  The facility does need to file one RPPR for each chemical. Does this seem like a lot of work? Consider this:  In the twenty years since adoption, the PPA and NJ PPA have helped to substantially reduce the use and improper disposal of toxic chemicals by requiring industry to examine their work processes.

How about your facility?

As a facility, are you tracking your toxic chemicals and filing the appropriate PPA/NJ PPA documentation? Have you noticed that a mindful approach to the processes and paperwork have resulted in reduced usage and better, more healthful disposal of chemicals?

About Our Guest Blogger:  Charles Peruffo is an EHS professional specializing in laboratory health and safety. Prior to his EHS career, Charles spent many years as chemist in the pharmaceutical industry with responsibilities ranging from laboratory safety to analyst training.  He holds a Bachelor of Science in Biology from Montclair State University and is pursuing his Master of Science in Occupational Safety Health Engineering from New Jersey Institute of Technology.

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Topics: health and safety, General Industry H&S, General EHS, EPA, Emergency Response, Hazardous Waste Management, HazCom, Compliance, Air Sampling, reporting, chemical manufacturer, regulation, chemicals, Hazard Communication Standard, pollution prevention, pollution, chemical disposal, Right to Know

Barbara Glynn Alves

I cut my teeth in the environmental, health and safety (EHS) business helping prepare a group of experts for deposition in civil actions.   It was fascinating work, but I can tell you without hesitation, that not all experts are created equal. If you are in litigation regarding an environmental, health or safety issue, there is a good chance that both plaintiff and defendant counsel will enlist the services of an expert or two. Caveat emptor - shop around!

What is the role of an Expert Witness?

The legal profession relies heavily on the use of industry experts to clarify and support evidence or facts that are at issue. These experts are most often used to clarify the scientific or technical facts of the case.  Specifically, the job of the expert witness is to assist the “trier of fact” (either the judge or a jury) by helping them understand “things” they might not otherwise understand.

Counsel seek experts based on their knowledge, training, education, skills, reputation or experience in their field of expertise in accordance with the Federal Rules of Evidence 702 (FRE 702). As with all expert witnesses, EHS experts are generally asked to perform a variety of different tasks, depending on counsel’s strategy for the case:

• Review documents


• Conduct independent investigations


• Perform research – particularly on regulations


• Prepare an opinion about the facts


• Present an expert report – written or orally


• Give a sworn deposition


• Testify at trial

How do you shop for an EHS expert? 

Cautiously! Litigation is expensive in both professional fees and time so it pays to use the most qualified and suitable expert available.  In addition to following FRE 702, your counsel should also consider the expert’s ability to write technical documents, the level of support the expert can provide to research the facts of the case, and their comfort level providing these services in the legal forum and within a litigious and, perhaps, emotionally charged environment.

Also, to better illuminate a witness’s expertise, there are several independent certifying boards that can help you and your attorney through the vetting process. The organizations listed below use a fairly elaborate and strict certification procedure and have required continued maintenance actions of their designees.  Each one of these organizations gives additional information about their specific certification requirements and process on their websites. Their areas of expertise are also clearly explained, particularly if you are in need of a specialist.

• The American Board of Industrial Hygiene certifies professionals in the practice of industrial hygiene. ABIH is responsible for ensuring high-quality certification application and examination processes, certification maintenance and ethics governance and enforcement.


• The Board of Certified Safety Professionals certifies professionals within several designations – all related to safety in the workplace.


• The Institute of Hazardous Materials Management offers several professional certifications that demonstrate various levels of knowledge, expertise, and excellence in the management of hazardous materials.


• The Board of Environmental Auditor Certifications certifies four designation of EHS professionals which demonstrates the competency, professionalism, and ability of EHS auditors.


• The American Board for Occupational Health Nurses (ABOHN) is an independent nursing specialty certification board and is the sole certifying body for occupational health nurses in the United States and awards four credentials:  Certified Occupational Health Nurse (COHN), Certified Occupational Health Nurse - Specialist (COHN-S), Case Management (CM), and Safety Management (SM).

For both counsel and client, I recommend spending time to do research and find qualified EHS professionals who can help you win your case.  Ask for detailed CVs, referrals, samples of published writings and the achievement of board certification. As an EHS consulting group with professionals who have achieved CHMM, CIH, CSP, PE, CHMP and CHST designations, Emilcott is often asked to provide expert witness services in a wide variety of environmental, health and safety legal matters.  We take certification from independent sources seriously, as do our clients.  In fact, attainment of a professional certification has always been a requirement for our senior technical staff.  Working with the legal profession has only reinforced that philosophy.

Have you ever worked with an EHS expert witness? What did you think of the experience?

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Topics: OSHA, indoor air quality, EHS, General Industry H&S, General EHS, Construction H&S, Emergency Response, Homeland Security, H&S Training, Hazardous Waste Management, Compliance, TSCA & R.E.A.C.H., Lab Safety & Electrical, Fire Safety, legal, law, experts, expert witness

Capt. John DeFillippo, CHMP, EMT-B

The health effects from airborne hazards are a frequent topic in many health and safety courses, especially in hazardous substance and hazardous waste training.  This is because so many of these exposures may not show up as health problems for decades! Consider asbestos. While it’s not harmful to the touch, inhalation can be fatal, but it can take 25-30 years before asbestosis or mesothelioma can develop. Both are chronic and often deadly diseases of the lungs.

The lungs are amazing. It surprises most people to learn that the lungs have the largest surface area of any body organ -- about 80 times more area than the skin, or about the size of a tennis court!  As we breathe, our lungs are in constant contact with the outside world and that is a lot of contact area. They need to be protected.

Over three million American workers are required to wear respirators to protect themselves from hazardous airborne contaminants.  Not surprisingly, OSHA has some pretty strict rules when it comes to protecting our lungs . Despite this , it is estimated that more than half of the respirators worn are not worn in accordance with OSHA Standard 29 CFR 1910.134

Did you know that…

• If workers are wearing respirators, a written program is required?


• A medical evaluation is required for anyone who wears a respirator?


• A fit test of each respirator worn must be conducted initially AND annually?


• The workplace must be evaluated to determine the hazard so that the proper respirator (there are many) can be selected?


• These rules, and others, apply to what many people refer to as “dust masks”?

Proper respirator usage training is also required. Why? Because wearing the wrong type, wrong size, or an improperly fitted respirator can be more dangerous than not wearing one at all. For example:

1. Wearing a filtering respirator in an O₂-deficient atmosphere, or the wrong cartridge, can mislead you to believe that you are protected…when you are not!


2. A mask with even the slightest poor fit allows contaminates in and may actually increase exposure levels.


3. Not everyone can wear a respirator. Because a respirator restricts your breathing, people with certain medical conditions can be seriously harmed by wearing them. This is why being medically cleared prior to use is so important, and required.

Not complying with the rules designed for occupational safety can be costly… and not just in fines and penalties. Too many workers have destroyed their health by failing to protect their delicate, vital lungs. And, it’s not just at work. Working around the home and yard can also present respiratory dangers, too. If you are not sure that you need more than a “dust mask” ask someone who can help.

Have you been properly trained to use your respirator and fit-tested to make sure it is actually stopping hazards from reaching your lungs?Are you confident that you are using your respirator properly and that the respirator that you have selected is the best for the contaminants you are exposed to?  How about the person next to you - are they in compliance?  Hopefully you and your workmates can answerYES! to these questions. If you have any questions about respiratory protection, please ask me!

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Topics: OSHA, indoor air quality, Personal Protective Equipment, General Industry H&S, General EHS, Construction H&S, Emergency Response, Homeland Security, H&S Training, Hazardous Waste Management, Hazardous Materials, Compliance, worker safety, Occupational Health, Occupational Safety, Lab Safety & Electrical, emergency response training, Fire Safety, environmental air monitoring, Respiratory, Occupational Training

Carrie Bettinger - CSP, CHMM

It’s a windy, rainy day in northern New Jersey today and, as I drive through my town, I see the sanitation trucks are out to collect garbage and paper recyclables as early as they can before everything is soaked.  My town roads are basically paved horse trails so imagine narrow, winding roads with lots of sharp curves with a posted speed limit of 25 MPH.  So why is one of the garbage trucks going about 35MPH on one of these roads with a soaking wet worker standing on the truck’s rear platform clinging with a death grip to the side?  Is it that important to get the garbage in as fast as possible?  Why is the worker not in the truck if they are not making stops?  Does one of these workers have to die before this sanitation company takes steps to stop these stupid and unsafe acts?

As an experienced Safety Professional, I’m trained to recognize compliance-driven and non-compliance "best practice" occupational safety violations.  However, what does it take to change laws and habits that affect workers and citizens?  In our society and legal system it seems that, yes, someone (or many) has to tragically die before change and regulation are considered.

Let’s review some of our history:

1911:  The Triangle Shirtwaist Factory Fire in New York resulted in 146 worker deaths due to locked escape routes leading to local then nationwide Life Safety Laws.

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Topics: OSHA, health and safety, General Industry H&S, General EHS, Construction H&S, Chemical Safety Board, Compliance, worker safety, Occupational Safety, Occupational Training, Lab Safety, Safety Training in Spanish, water safety

Bruce Groves - CIH

In July, David Michaels, Assistant Secretary of Labor for Occupational Safety and Health, published a memo to his staff at OSHA highlighting several new approaches that OSHA is using (or planning to use) in its effort to protect workers.  Dr. Michaels is building on the progress of his predecessors and reinforcing some of the weak links in the system created both by Congress and former administrations. In his recent letter, Dr. Michaels reviews some legacy issues that limit OSHA-influence in creating safer workplaces such as

• OSHA has only 2,000 inspectors responsible for the health and safety of 130 million workers at 7 million worksites


• OSHA fines are too small to have an adequate deterrent effect


• OSHA standards provide limited protection to whistleblowers from retaliation


• OSHA occupational exposure standards have been established for only a small percentage of chemicals used in US workplaces (most of those are based on out-of-date science) with a slow and resource-intensive standard-setting process

Dr. Michaels states that OSHA needs to transform how it addresses workplace hazards, and in its relationship to employers and workers. As such he outlines a new strategy that is a clear shift from recent years indicating that there is a “new sheriff in town” and business (ALL businesses) should take heed.  Here are some of my extrapolations and thoughts regarding 6 of these transformational items -- consider how they will affect your business or workplace.

1.       Stronger Enforcement:  Some Employers Need Incentives to Do the Right Thing

OSHA will have more and bigger sticks.  OSHA is redirecting resources to conduct inspections of high risk industries and tasks including ergonomics.

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Topics: Emilcott, OSHA, indoor air quality, health and safety, General Industry H&S, General EHS, Construction H&S, H&S Training, Compliance, worker safety, Occupational Health, Occupational Safety, Lab Safety & Electrical, emergency response training, Occupational Training, Safety Training in Spanish, water safety, small business

Dale Wilson, CIH, LEED AP

When the National Weather service issues a forecast calling for 3 to 4 inches of rain, most people react by wondering how it will affect their plans or travel.  I think about what water damage will occur.

 When heavy rains are forecast, are you ready? Do you know what to do if your building is affected by rain penetration through the roof or walls? What is your plan if your building is flooded by a local stream or river?  Even without bad weather, water damage is always a possible threat if your building has a water line break.  Or worse yet, do you know how to react if there’s a sewage back-up?

Depending on the water source your options for cleaning up and salvaging property vary greatly.  But for all kinds of damage, you need to have a plan in place anticipating what you will do, who you will call, and how quickly they will respond.  Emilcott was recently asked to work in four, very different, water-damaged commercial and/or multi-tenant residential properties.   These events included:

• Retail and Office Complex – Roof and Façade Leak


• Office and Warehouse – Broken Water Supply Main


• Multi-tenant Apartment building – Sprinkler Activation


• Public Housing Complex – Steam Leak

What did all four projects have in common?  The answer is time.  Lots of time!  Too much time between the initial event, the response and Emilcott’s resulting late involvement!  Time and water combined can grow to be an expensive and time-consuming enemy.  Failure to respond promptly will, very likely, result in mold growth within the building requiring significantly more demolition than if the condition is handled in a timely manner.  What is the definition of timely? As soon as it is discovered!

With the retail complex, we were called in approximately one month after the roof and walls began leaking.  An employee actually complained to their nearest OSHA office and OSHA issued a notice of potential violation to the employer.  Mold was present in a localized area of the store, along with a significant insect infestation due to wet, damp conditions of building surfaces.   Unfortunate results of the delay:  a mold remediation project was required and portions of the retail space were out of use for weeks.

The damage to the office and warehouse operation was more significant.  Water from the broken water main filled the 5400 sq. ft.  office to several inches and made its way to the adjacent warehouse.  The initial response by the building owner seems logical:  removal of standing water, placement of a few box fans to attempt to dry the carpet, and operating the air conditioning 24/7 as cold as the occupants would tolerate.  By the time we arrived just 5 days after the event, sheetrock walls were saturated at the base of every wall and elevated moisture readings were present up to 8 feet above the floor. Relative humidity was close to 70%, carpets had a strong musty odor, and internal wall cavities were impacted by mold growth even though no visible growth was observed on the exterior of the wall.  Final results of a mere 5 day delay in appropriate responsiveness:  the tenant and their sub-tenants loss use of the office area as trailers were brought in to house them while remediation and reconstruction occurred over a two week time period.

A kitchen fire occurred in the residential apartment complex triggered sprinklers to turn on which caused water to run from the sixth floor down to ground level.  Removal of standing water was the only initial response.  When Emilcott arrived 2 weeks later sheetrock walls were still saturated with water, visible mold was appearing in multiple, occupied apartments, and paint was bubbling and peeling from the walls.  Another significant mold remediation project was required, which in turn required relocation of tenants while remediation was in progress.

Finally, the public housing complex had experienced a steam leak for a period of several months.  Tenants in effected units were relocated and those apartments remained unoccupied.  However, an unusual occurrence happened with this steam leak as these apartments had plaster walls.  Mold grew quite well on the painted surface of the walls, something that may be expected, but due to high, high humidity and moisture levels in the plaster for extended periods of time, the analytical laboratory verified that the mold growth penetrated into the plaster from the surface.  This resulted in the demolition of the plaster walls and loss of effected housing units for several additional months.

For each of these properties and water-related circumstances, delayed and improper response increased the magnitude of the problem resulting in increased time that each space was unusable, and increased the total cost of response and repair. What should you do instead?  Bringing in a water-remediation expert immediately to identify the scope of the problem, develop a water response action plan, and implement that plan right away will minimize the damage to building materials and reduce impacts to building occupants.  In each of the four instances listed above, response actions like relocating furnishing away from walls or out of the area completely, immediately removing cove moldings, installing commercial grade dehumidification equipment, installing commercial grade floor fans, selective limited demolition, and actively monitoring and evaluating the drying process would have significantly reduced the duration of the response activity and the overall cost of each event. 

So, how can you reduce the costs of the surprise water problem? My advice is to plan now -- whether it is for rain and flooding that may occur due to weather conditions or for the pipe break that always happens unexpectedly.  Knowing who to call to determine the scope of the problem and who can implement the recommended response will save you significant time, money, property and hassle.

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Topics: OSHA, indoor air quality, health and safety, General Industry H&S, General EHS, Construction H&S, EPA, Air Sampling, Mold, environmental air monitoring, Respiratory, Water Response Plan

Capt. John DeFillippo, CHMP, EMT-B

Every organization develops a “safety culture”, be it good or bad. It is immediately observable to anyone who cares to look, and more people are – particularly prospective clients and business partners.  When evaluating vendors and business partners, companies with strong safety cultures will steer clear of doing business with companies with poor safety records; the risks and exposures are too great.  In addition to the obvious reasons of possible injury or death to workers or the public, there is the potential for serious damage to a company’s image and reputation should their vendor or subcontractor have an incident or accident.  We’ve all heard some of the stories recently in the news; reporters will highlight a major construction accident and all the players are named, regardless of their culpability.

Government agencies also use strong criteria to evaluate potential vendors. The State of New York has severely tightened up its safety and health requirements following the series of construction accidents that have plagued NYC in recent years.

A company can develop a comprehensive health and safety programs. It can post attention-getting signs and posters warning workers of hazards. It can also provide all manner of safety and personal protective equipment and conduct training for employees. These measures are good, but as soon as a supervisor or company owner walks onto a site ignoring the PPE requirements, all this good goes out the window. “Do as I say, not as I do” is not the way lead. The rules must to apply to all, without exception. Even more importantly, owners and managers should set a proper example. Professional experience has shown me that when management creates and “lives” a proactive safety culture, it will get the best results. It’s the front-line managers and supervisors that make the difference.

And it’s a never ending task. Maybe your company has a few workers who constantly violate the safety rules without any real consequences or discipline. The message being sent is pretty clear: the company doesn’t take safety seriously. Most people realize that the rules are there for a reason; their protection and it’s the law.  However, there will always be a small percentage of people that just don’t get it. Without enforcement of the policies, there is not only the risk of worker injury, but an erosion of the “safety culture” of the organization and a negative impact on morale. Plus, it is the employer and management who will be responsible for any fines or penalties handed out as well as increased insurance premiums, particularly workman’s compensation. Often, they are found personally responsible. Why would anyone risk this?

The point is that paying lip service to safety won’t fly anymore -- proactive is best. There are all kinds of resources to help your company succeed. OSHA even offers free services:    http://www.osha.gov/dcsp/smallbusiness/consult.html and http://www.osha.gov/dte/outreach/construction_generalindustry/index.html.  You may also get help from a trade or professional association that you belong to. Health and safety consulting services from companies like Emilcott who are experienced in honing in on risk and compliance can be a great investment to shift your company onto the right track.

Have you ever worked for a company that has an ineffective or sham health and safety policy? How did it make you or fellow employees feel? Was there a tipping point event that made them switch to being proactive and how did they implement a new, comprehensive program (that worked)?

Image Credit:  www.lumaxart.com

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Topics: Personal Protective Equipment, health and safety, General Industry H&S, General EHS, Construction H&S, Emergency Response, H&S Training, Compliance, worker safety, Occupational Health, Occupational Safety, Lab Safety & Electrical, emergency response training, Fire Safety, Occupational Training, Safety Culture, Leadership