Tag Archives: Workplace Safety

Hospitality Industry Workplace Safety: OSHA Considering A Rule Mandating A “Formal Injury And Illness Prevention Program” For Employers

OSHA is considering a proposed rule for a formal Injury and Illness Prevention Program and will hold informal stakeholder meetings on the proposal. The proposal would require employers to develop a formal program to reduce workplace injuries and illnesses through a systematic process that proactively addresses workplace safety and health hazards.

(From a Safety.blr.com article)   On the basis of OSHA’s experience with workplace safety programs, a proposed rule would include the following elements:

  • Management duties
  • Employee participation
  • Hazard identification
  • Hazard prevention and control
  • Education and training
  • Program evaluation and improvement

 Injury and Illness Prevention Program State Requirements    There are 24 states that require a written injury and illness prevention program for certain industries, mostly as a requirement for worker’s compensation insurance coverage. 16 states offer discounts on workers’ compensation premium rates of up to 5 percent for qualifying organizations that voluntarily adopt and implement written safety and health programs.

California, for example, requires employers to have formal written injury and illness prevention programs. BLR has prepared written tips and considerations to help employers develop an injury and illness prevention program based on California’s requirements, and they cover OSHA’s proposed program elements:

OSHA Provides Incentives for Injury and Illness Prevention Programs

OSHA has a policy of reducing penalties for employers who have violated OSHA standards but who have demonstrated a good faith effort to provide a safe and healthy workplace to their employees. The Agency has long recognized the implementation of a safety and health program as a way of demonstrating good faith.

http://safety.blr.com/workplace-safety-news/safety-administration/illness-and-injury-reporting-OSHA-300-log/New-Injury-and-Illness-Prevention-Program-Rule-Con/

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Restaurant Accident Liability And Prevention: Preventative Maintenance And Workplace Safety Save Owners Money In Long Run

The average slip-and-fall accident costs a restaurant about $12,000, and since most locations will experience between three and five of these per year, anything that can bring those figures down is good for the bottom line.

“When the budget’s lean, owners often look at a growing problem and say, ‘We don’t have the personnel or money to fix this right now,’” Riggs says. “But preventative maintenance is always easier than trying to fix a catastrophic problem after something’s been neglected.”

(From a QSRMagazine.com article)   Before Peter Riggs became a vice president with the 173-unit franchise Pita Pit, he was a franchise owner. Starting out in the business, Riggs thought he knew what to look for when it came to preventative maintenance and workplace safety. He watched for spills on the floor. He made regular equipment service appointments. He did all the things an owner-operator should do to ensure his location is in top working order. But one day a chair broke, and he realized he still had a lot to learn.

“The chair got old and one of its parts just came loose and broke,” Riggs says. “There was no particular reason beyond wear and tear. You know stuff like that happens, but you really don’t think about it in relation to your own business unless someone tells you to watch out for it.”

Fortunately, no one was injured, but Riggs still likes to tell the anecdote because he says it illustrates an important point when talking about site maintenance: Attention to detail is everything. And as owners and operators look to save money during the troubled economy, it’s the small, preventative particulars that often get lost in the mix. And it isn’t just a matter of safety; it’s also a matter of profitability.

http://www.qsrmagazine.com/articles/what_matters_most/141/prevention-1.phtml

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OSHA Laws Protect Workers And Insure Medical Bills And Lost Time Are Covered

(From a 24-7PressRelease)  While most employers make worker safety a top priority, as mandated and regulated by the Occupational Safety and Health Administration (OSHA), on-the-job injuries do still happen. This is the reason for the government-mandated Workers’ Compensation program. Workers’ Compensation is designed to compensate victims of workplace injuries and illnesses.

In general, the purpose of Workers’ Compensations laws is to ensure that all the injured worker’s medical bills and lost time are covered in exchange for ceding the right to sue the employer for negligence. However, the system is not perfect and problems can arise that prevent employees from getting the compensation they deserve.

Denial of benefits

While many employers act in good faith in the best interests of injured employees, getting them their benefits promptly and completely, some work to undermine Worker’s Compensation claims. This happens for one simple reason–profits. Most large employers are required to carry Workers’ Compensation insurance to ensure that funds are available to provide benefits.

However, employers can save money on insurance premiums by reducing the amount of benefits they pay out, and their insurance company is happy to help them.

Injuries not caused by accidents

Many workers assume that Workers’ Compensation only applies in cases where the injury was caused by a specific accident. In fact, you may be eligible for compensation for a wide range of injuries and illnesses caused by repetitive motion, daily tasks, or the workplace environment.

For example, carpal-tunnel syndrome and asbestosis can be qualifying conditions.

If you are injured on the job or become ill from workplace conditions, be sure to follow all of your employer’s reporting procedures. Failing to comply with your employer’s policies may jeopardize your claim and give the employer legal grounds to deny your benefits.

http://www.24-7pressrelease.com/press-release/workers-compensation-in-palm-beach-146904.php

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Hospitality Industry Health Issues: Swine Flu Risks Can Impact Hotels And Restaurants If Steps Are Not Taken To Educate Staff And Keep Establishments Clean

Swine flu is a type of influenza caused by a virus which can cause serious health complications or even death in a small proportion of the population. Officially called Influenza A H1N1, the symptoms are similar to ordinary flu (e.g. fever, headache, sneezing) but can be more severe.

The spread of the flu is now recognised as a pandemic (i.e. global epidemic) and its effects are likely to intensify during the autumn and winter. Businesses could be adversely affected and forward planning is important. The key challenge will be to maintain the normal operation of their business whilst protecting staff from unnecessary exposure – especially those who are most vulnerable.

 

 

(From a Lexology.com article)   Employers have a duty to take steps that are reasonably necessary to ensure the health, safety and welfare of all their employees, including those who are particularly at risk for whatever reason. Information on the symptoms of swine flu and those most at risk is available from the NHS at: www.nhs.uk/conditions/pandemic-flu/ pages/symptoms.aspx.

Simple precautions can make a big difference in preventing the spread of the virus:

  • Educate your staff without causing panic. For example, display posters outlining the most common symptoms of swine flu and the Government’s key precautionary steps.
  • Provide handwash and paper tissues in all communal areas and encourage their regular use.
  • Regularly clean surfaces frequently touched by people (including hotdesk areas, kitchens, toilets and showers).
  • Consider using telephone or videoconferencing where possible, instead of face-to-face meetings.
  • Keep work-related travel to a minimum, especially abroad.
  • Deploy those most at risk to areas where personal contact is minimal (e.g. allow them to work from home).
  • Send home anyone with flu-like symptoms (including the boss!) until they have been diagnosed. If confirmed as having swine flu, ensure they do not return to work until their symptoms have completely gone.

Employees also have a duty to take reasonable care of their own health and safety and that of people they work with. They must co-operate with their employer to enable it to comply with its duties under health and safety legislation. Accordingly, employees who refuse to co-operate or who recklessly risk their own health or that of colleagues or customers can be disciplined.

At present there is no obligation to report outbreaks of swine flu under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR), but this may change.

http://www.lexology.com/library/detail.aspx?g=847f7d6f-2a93-4d80-b8fa-0871e29c82a9

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Hospitality Industry Safety: OSHA Outreach Training Program May Be Mandated Nationally As It Stresses “Safety And Health Hazard Recognition And Prevention”

The OSHA Outreach Training Program is our primary way to train workers in the basics of occupational safety and health. Through the program, individuals who complete a one-week OSHA trainer course are authorized to teach 10-hour and 30-hour courses in construction or general industry safety and health hazard recognition and prevention. Authorized trainers can receive OSHA course completion cards for their students. Over the past three years, over 1.6 million students have received training through this program.

10-HOUR GENERAL INDUSTRY REQUIRED COURSE TOPICS
*OSHA subpart references are provided for informational purposes;

training should emphasize hazard awareness

Mandatory – 6 hours  
One Hour – Introduction to OSHA, including:

  • OSH Act, General Duty Clause, Employer and Employee Rights and Responsibilities, Whistleblower Rights, Recordkeeping basics
  • Inspections, Citations, and Penalties
  • Value of Safety and Health
  • OSHA Website and available resources
  • OSHA 800 number
One Hour 
Walking and Working Surfaces, Subpart D – including fall protection
One Hour 
Exit Routes, Emergency Action Plans, Fire Prevention Plans, and Fire Protection, Subpart E & L
One Hour 
Electrical, Subpart S
One Hour 
Personal Protective Equipment, Subpart I
One Hour 
Hazard Communication, Subpart Z
 

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Hospitality Industry Workplace Safety: Assistant Secretary Of Labor Stresses Need To Increase OSHA Penalties Against Employers Who Do Not Comply With OSHA Standards

Dr. David Michaels, Assistant Secretary of Labor for the Occupational Safety and Health Administration, who emphasized that current OSHA penalties must be increased in order to motivate employers to increase their compliance with the OSHA standards. Michaels stated that environmental laws currently carry much heavier penalties than penalties under the OSH Act, especially where loss of human life is involved.

(From and Hr.cch.com article)    The Workforce Protections Subcommittee of the House Education and Labor Committee held a hearing Tuesday on the “Protecting America’s Workers Act (PAWA) (H.R. 2067).” The bill, introduced by Rep. Lynn Woolsey (D-CA), chair of the subcommittee, addresses three major weaknesses in the Occupational Safety and Health (OSH) Act:

  • It would expand OSHA coverage to more than 8.5 million state and local public employees who currently have limited or no protection from safety and health hazards at work.
  • It also would amend OSHA’s whistleblower provisions to expedite the process because the current delays in decision-making deprives workers of due process.
  • Finally, the bill would update civil and criminal penalties.

http://hr.cch.com/news/safety/032410a.asp

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Hospitality Industry Risk Management: Two-Thirds Of Hotel Owners Find Meeting And Exceeding OSHA Standards Reaps Three-Fold Savings Over Every Dollar Invested In Safety

Section 5(a)(1) of the Occupational Safety and Health Act requires employers to furnish a workplace free from recognized hazards. E911 is an important component of an employer’s emergency action plan. An organization cited by OSHA for workplace violations could potentially be subjected to significant fines.

— A fire, act of violence or employee accident can have a devastating impact financially and emotionally on an organization. Beyond the direct expense of loss of life and property in a crisis, operations also can be significantly disrupted.

According to a survey by the Liberty Mutual Group, about two-thirds of employers report a three-fold savings for every dollar invested in safety.

(From a TMCNet.com article)   The need to comply with state E911 legislation is a prime motivator for adding E911 protection to IP, PBX (NewsAlert) and Centrex phone systems. Over the past decade, a significant percentage of RedSky E911 solutions have been sold to enterprise, government, university and school district customers with operations in at least one of the 16 states with legislation on the books.

But why don’t organizations in states without E911 legislation take measures to ensure that first responders can quickly find employees, visitors and students in the event of an emergency at the same rate as organizations in these 16 states?

http://www.tmcnet.com/voip/0210/beyond-legislation-why-e911-matters.htm

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Hospitality Risk Management: OSHA Proposes New Rules To Track Workplace Muscluloskeletal Disorders

“It will increase the number of recordable incidents by broadening what might qualify as an MSD,” he says. “So after collecting the data for a while, I wouldn’t be surprised to see OSHA announce that there is a major MSD problem and decide to do something about it.”

Ashley Brightwell, a partner in the Atlanta office of Alston & Bird, agrees the rules could lead to “future actions by OSHA to regulate MSDs … and increase the number of citations being issued against employers.”

On Jan. 29, OSHA proposed new rules that would require employers to track and report workplace-related musculoskeletal disorders. While the changes are ostensibly little more than additional record-keeping, experts warn the proposal could likely pave the way for further enforcement and rulemaking by the agency.  

OSHA wants to restore a column to the OSHA 300 log that would record work-related musculoskeletal disorders, such as carpal-tunnel syndrome and rotator cuff syndrome. The rules are identical to those contained in an OSHA record-keeping regulation that was issued in 2001 by the Clinton administration, but was removed in 2003 during the Bush presidency before ever going into effect.  

Critics argued at the time that the definition used to describe musculoskeletal disorders was far too broad to be useful and that the new column wouldn’t contain the type of detailed information that would be needed to address the problem of musculoskeletal disorders.

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Hospitality Workplace Health And Safety: Preventing Accidents Must Be A Priority (Video)

[youtube=http://www.youtube.com/watch?v=tN2gpRcFKAQ]

WARNING: Graphic content. This ad is from the workplace health and safety marketing campaign from Ontario’s workers’ compensation board. Disturbingly effective.

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Hospitality Industry Workplace Safety Legislation: Wyoming Legislature Passes Bill Increasing Civil Penalties For Workplace Safety Violations

(From a KULR8.com article) A bill boosting fines and civil penalties for workplace safety violations will be considered by the full House.

The Wyoming Tribune Eagle reports that House Bill 93 passed the House Minerals, Business and Economic Development Committee on Wednesday by a 5-4 vote. Under the legislation, civil penalties would rise from a range of $5,000-$70,000 to a range of $8,000-$120,000 for each violation.

If the violation causes the death of an employee, the civil penalty amounts would increase to a range of $50,000-$250,000. For an employer with 25 or fewer employees, the minimum penalty would not be less than $25,000.

Fines for failing to fix problems or violating specific areas also would rise

http://www.kulr8.com/news/wyoming/84659927.html

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