Revised the presentation to show results of a good program.

1. Introduction to
Safety
John Newquist
Draft 1 13 2018

2. Common Law 1800s
• Employee had to prove
three area under Fellow
Servant Law
• Worker accepted risk of
employment
• Injury was a consequence
of the job
• Worker had contributory
negligence
• Burden of proof on the
injured

3. Safety Origins
• 1877, the state of
Massachusetts
passed a law
requiring guarding
for dangerous
machinery, and took
authority for
enforcement of
factory inspection
programs.

4. Safety Origins
• 1884 Pennsylvania Mine
Safety Act (PMSA) was
passed into law.
• Added support beams in
the mines (which mine
owners didn’t want
because support beams
were costly but miners
killed in cave-ins “do not
cost us anything.”)
•

5. Worker Compensation
• 1902 Maryland first
workers'
compensation law.
• 1904 US Supreme
Court Overturns MA
law
• 1916 the Supreme
Court upheld the
constitutionality of
state workers'
compensation laws.

6. Safety Organizations
• 1896 NFPA
• 1911 ASSE
• 1911 ASME for
Boilers and
Elevators
• 1913 National
Safety Council
• 1918 ANSI

7. The Jungle
• 1906 Upton Sinclair
• “Let a man so much as
scrape his finger pushing a
truck in the pickle rooms,
and he might have a sore
that would put him out of
the world; all the joints in
his fingers might be eaten
by the acid, one by one. “

8. Cherry Coal Mine Disaster
• November 13, 1909
• 259 Died
• Hay bales sent down to feed
mules caught fire from
burning oil from kerosene
torch.
• 21 men survived in a pocket
500 feet underground and
were rescued after 8 days.
• Outcry over tragedy lead to
fire safety rules for mines
and the Illinois Liabilty Act
which lead later to the IL
Worker Compensation Act.

9. Steel Industry
• From 1906-1994, 506
workers have been
killed at U.S. Steel
Gary Works.

10. Triangle Shirt Waist Fire
• March 25, 1911
• 146 died
• Door to an exit opened
inward
• Outside stairway
collapse
• Fire hoses went only
to 7th floor
Exit doors may have been
locked

11. Radioactive Sand
• 22 W. Hubbard St. Chicago and several sites near
the Chicago River
• Welsbach gas mantles, were made of gauze
soaked in a radioactive element called thorium
• Inhaling thorium-contaminated dust increases
the risk of developing lung and pancreatic
cancer

12. 1930s
• Walsh Healy 1936
• Federal contracts
must be fulfilled in a
healthful and safe
working environment.
• “blacklisted" from
federal contracts for 3
years.
1938 FLSA
44 hour work week,
over time,
25 cent minimum
wage,
Ban on child labor
were major provisions

13. Texas City
• April 16, 1947
• Cargo Ship of
Ammonium Nitrate
Exploded
• Neighboring
Monsanto plant caught
fire
• 561 died

14. Safety Laws
• 1952 Coal Mine
Safety Act
• 1966, the Metal
and Nonmetallic
Mines Safety Act
• 1969, the
Construction
Safety Act
• 1970 OSHA

15. Laws and Effects

16. Industrial Safety 1969
• 14,500 American
workers were killed
annually
• Safety and health laws
varied state to state

17. OSHA
• Department of Labor
to enforce Safety and
Health laws
• NIOSH
• OSHRC
• Osha Training
Institute
• 56 million workers at
3.5 million workplaces
in 1971
 This Act created OSHA,
the agency, which formally
came into being on April
28, 1971

20. First Citation
• On May 28, 1971, Occupational
Safety and Health
Administration handed out its
first citation.
• The Citation went to Allied
Chemical Corporation, which
had allowed highly toxic
mercury to pool on floors and
working surfaces at its chlorine
plant in Moundsville, West
Virginia.

21. General Duty Clause
• Section 5(a)(1)
• "a place of
employment which is
free from recognized
hazards that are
causing or are likely to
cause death or serious
physical harm to [its]
employees."
Not wearing seatbelts is a
common citation under the
general duty clause.

22. 1970’s
• Permissible exposure
limits for more than 400
toxic substances including
specific standard for
asbestos
• State plans approved
• IL give back OSHA
enforcement -1975
• Several Court Challenges

23. Barlow -1978
• Warrant requirements of
the Fourth Amendment
were applicable to OSHA
inspections per US
Supreme Court
• Probable cause in the
criminal law sense is not
required.
• Anticipatory warrant
procedures used if repeat
requests.
Barlow ran electrical
and plumbing
installation business in
Idaho.

24. Willow Island
• Cooling tower
scaffold collapse
• Willow Island, W.Va.,
• April 1978.
• Premature loading of
cast-in-place concrete
• 51 construction
workers died

25. 7/6/2018 OSHA Office of Training &
Education
25
• 51 killed
• 170 feet above ground
• Entire form peeled away from newly placed
concrete
Cooling Tower
St. Mary’s West Virginia 1978

26. 7/6/2018 OSHA Office of Training &
Education
26
Jump forms atop the St. Mary’s structure
tore loose, pulling work platforms and
concrete down inside the tower.

27. Whirlpool - 1980
• 1974 case - The two workers
were told to go out on a screen
20 feet above the floor to
retrieve small appliance parts
which had fallen from a
conveyor belt system above.
• Workers sent home and docked
6 hours pay.
• Workers can refuse if
reasonable apprehension that
death or serious injury or illness
might occur as a result of
performing the work

28. 2016
• During the week of Oct. 7, a plant worker complained of
illness, blaming excessive respirable dust as the cause.
• The manager then alerted the operations manager, again
raising concerns about the plant's air quality and requesting
that air quality testing be performed.
• The operations manager denied the request, and the existence
of air quality problems, and then terminated the manager.
The company will pay a total of $135,000
in back wages and compensatory
damages to the terminated employee.

29. AFL-CIO v. American Petroleum
Institute -1980
• Supreme Court
decision vacates
OSHA's benzene
standard, establishing
the principle that
OSHA standards must
address and reduce
"significant risks" to
workers.
Benzene was used in
gasoline, paints, and
many other chemicals

30. American Textile -1981
• Supreme court ruled in
favor of worker’s
health standard that
was more stringent yet
feasible vs. one that
has more favorable
cost-benefit analysis It was estimated that 1 in 12
textile workers had
Byssinosis, an asthma-like
condition in the 1970s.

31. 1980’s
• Access to medical and
exposure records
• Hazard communication
• Updated asbestos
• Ethylene oxide,
formaldehyde, and benzene.
• Hazardous waste operations
and emergency response
• Lockout/tagout of
hazardous energy sources.
• Egregious
1984 Bhopal Explosion kills
3000+died that day
500,000 suffered blindness, lung
cancer, kidney failures
$550 to victims,
$470 Million from Union Carbide
OSHA Starts CHEMSEP

32. 1990’s
• Confined Space
• Respirators
• Personal Protective
Equipment
• Process Safety
• Forklift Training
• www.osha.gov
•Blood-borne Pathogens
Standard started in this
decade

33. 1993
• ATLANTA, June 9— The Federal
Government has announced
the recall of an electronic
device used by fishermen to
shock worms to bring them to
the surface of the ground for
use as bait, saying similar
devices had caused the deaths
of more than 30 people since
1973.

34. National Emphasis Programs
• Combustible Dust
• Federal Agencies
• Hazardous Machinery
• Hexavalent Chromium
• Isocyanates
• Lead
• Nursing And Residential Care
Facilities
• Primary Metal Industries
• Process Safety Management
• Shipbreaking
• Silica
• Trenching & Excavation

35. Local Emphasis Programs
• Building Renovation/Rehabilitation
and Demolition
• Powered Industrial Vehicles
• Fall Hazards in Construction and
General Industry
• Dairy Farm Operations
• High Rise Building Construction
Inspections in Chicago, Illinois
• Grain Handling Facilities
• Carbon Monoxide Hazards in
Construction
• Federal Agencies
• Tree Trimming Operations
• Wood Pallet Manufacturing
Industry
• Maritime Industries
• Lead
• Silica

36. Types of Inspections
• Imminent Danger
• Fatalities 800-321-
OSHA within 8 hours
• Amputation,
Hospitalization, Eye
Loss within 24 hours
• Complaints – 5 days
• Referrals
• General Schedule
• Follow Up
Confined spaces could be
imminently dangerous.

37. Inspection Process
• Opening conference
• Records and written
safety program
review
• Workplace tour
• Closing conference
• Six month to
complete inspection
and issue citations.

38. Employer Rights
• See identification
• Know reason for
inspection
• Accompany during
inspection
• Take pictures
• Know what hazards
found
A CSHO checking for live
parts.

39. Employee Rights
• 11(c) protection
• Contest abatement
dates
• Informal conferences
• Records 300/301
• Private interviews
• Right to a rep in an
interview

40. Jan 2017
• The new civil
penalty amounts
• Jan 1 2017
• New serious
penalty for 2017
is $12,675
• Repeat - Willful
is $126,749

41. Violation Types
• Serious – $12,675
• Willful – $126,740
• Repeat – $126,740
• Other – $12,675
• Failure to Abate
-$12,675 a day

42. Elements of a Violation
• Serious Hazard
• Applicable Standard
• Employee Exposure
• Employer Knowledge
of Condition

43. Plain View Doctrine
– Compliance officer can
issue citations for any
violations in “plain
view.”
– If Compliance Officer
doesn’t see it he/she
can’t cite you for it.

44. Appeals Process
• Informal Conference – 15
days
• Notice of Contest – 15
days
• Administrative Law Judge
• OSHA Review
Commission
• US Appeals Court
• Supreme Court

45. States Requiring 10/30 Hour Cards
• New York State – 10 public
work projects of $250,000 or
more. 5 years recert.
• Massachusetts – 10 hour
construction
• New Hampshire 10 - publicly
projects of $100,000 or more
• Connecticut - 10 - public
project over $100,000.
• Rhode Island - 10 - public
project over $100,000
• Missouri – 10 - public bodies
for construction of public works
• Nevada
• All construction workers in the
state to undergo a 10-hour
• All Supervisors on a
construction site to undergo a
30-hour safety training course
(OSHA-30) approved by OSHA
at least once every five

46. Consultation
• Free
• Must email request

47. DOL Head
• Alexander Acosta
• Appointed by President George W. Bush
to the National Labor Relations Board and
later served as Assistant Attorney General
for Civil Rights and federal prosecutor for
the Southern District
• Acosta became the second dean of Florida
International University College of Lawn
District of Florida in 2009
• OSHA head is vacant

48. 48
Direct Costs are the Tip of the
Iceberg
DIRECT
INDIRECT
Direct Costs:
-Medical treatment
-Physician
-Hospital
-Ambulance
-Indemnity
(compensation to injured)
Indirect costs:
-Training and
compensating
replacement workers
-Spoiled product
-Cleaning time
-Repair of damaged
property
-Investigation of
accident
-Schedule delays
- Poorer customer
relations
-Legal fees, etc.

49. Costs of Accidents
• Work injury costs:
• Total cost in 2016.................................................... $241.5 billion
• Cost per death...........................................................$1,000,000
• Cost per medically consulted injury................................ $31,000
• The average cost for all worker comp claims combined in 2013-2014
was $38,617
• The average cost for all worker comp claims falls or slips ($45,016)
• Time Lost Due to Work-Related Injuries:
• Total time lost in 2016............................................... 100,000,000 days
• Due to injuries in 2016.................................................. 65,000,000 days
• Due to injuries in prior years.......................................... 35,000,000 days
• Time lost in future years from 2016 injuries....................... 50,000,000
days
• * Above data taken from NSC Injury Facts 2017 Edition.
49

50. Costs per Type
• According to the latest Workplace Safety Index, the 10 leading
causes*, and direct costs, of the most disabling workplace
injuries in 2012, included:
• Overexertion involving outside source - $15.1 billion
• Falls on same level - $9.19 billion
• Struck by object or equipment - $5.3 billion
• Falls to lower level - $5.12 billion
• Other exertions or bodily reactions - $4.27 billion
• Roadway incidents involving motorized land vehicle - $3.18
billion
• Slip or trip without fall - $2.17 billion
• Caught in/compressed by equipment or objects - $2.1 billion
• Repetitive motions involving micro-tasks - $1.84 billion
• Struck against object or equipment - $1.76 billion

51. Sales Impact of Selected
Injuries
Injury/
Illness
Average
Direct Cost
Indirect
Cost
Total Cost Sales
Needed
(5% profit)
Sprain $4,245 $6,792 $11,037 $220,740
Laceration $1,101 $4,955 $6,056 $121,120
Foreign
Body
$317 $1,427 $1,744 $34,880
51

52. Safety Pays Data

53. Safety Pays Basic Estimator
This is the basic look of the estimator.

54. Safety Pays User Friendly
Sample illness/injury type:
Amputation
Black lung
Fracture
Inflammation
Strain
*many more
Drop down menu
for illness/injury typ
Profit
margin %
# of
incidents

55. Safety Pays Utilization
This it the % of profit
1. Once the illness/injury type is selected from the drop-down menu, the actual cost is entered
or 2. the profit % , 3. followed by the number of incidents for a given period of time-press Add/Calculate.
1
2
3

56. BLS
• Several occupations recorded their highest
fatality total in years since 1992
• First-line supervisors of construction trades
• Landscaping and groundskeeping workers
• Roofers
• Tree trimmers and pruners,
• Driver/sales workers,
• Automotive service technicians and
mechanics
• Farmworkers, farm, ranch, and aquacultural
animals

57. 2015

58. Road to Zero: 2018 Incidents
0 0 0
1 1
2
3 3
4
5 5
6
1 1
2
3
4
5 5
6 6 6 6
7
1 1 1
2 2 2
19
0
2
4
6
8
10
12
14
16
18
20
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
2016 2017 2018 Industry Average

59. Top Safety Results
Lost days went from 400 to 38 to 5.

60. Aug 2017

61. Aug 2017
Early Detection ------------------ Early Response

62. Monthly Audits

63. Monthly Audits
0
20
40
60
80
100
120
1/7/05
2/18/05
4/1/05
5/13/05
6/24/05
8/5/05
9/16/05
10/28/05
12/9/05
1/20/06
3/3/06
4/14/06
Week Beginning
Number of Safety
Inspections
90%
95%
100%
1/7/05
2/18/05
4/1/05
5/13/05
6/24/05
8/5/05
9/16/05
10/28/05
12/9/05
1/20/06
3/3/06
4/14/06
Week Beginning
Safety Inspection
Scores
63

64. May 2018

65. Jan 2018
• Another Thought on scoring
• Scoring inhibit communication.
• Foreman get hung up with scores.
• Do site rec with %fall protection.
• Construction Company
• $1.6 m to $140k.
• Payroll $36m to $62m
• Identify Hazards by class such
Fall from roof, Falls from
ladder etc.
• Sort by foreman.

66. Jan 2018
• CI tags
• Continuous Improvement tags
• Many different forms

67. Monthly Training for Managers

68. Insurance Work Comp
• NOC Code
• 3632 --------------- Machine Shop -------------- $6.00 per $100 of payroll
• 3400 --------------- Metal Stamping ------------ $6.98 per $100 of payroll
• 2881 --------------- Furniture/Cabinet Mfg. --- $4.35 per $100 of payroll
• 3372 --------------- Electro Plating -------------- $5.85 per $100 of payroll
• Price optimization software