I Chose To Look The Other Way

Because it was requested, today I am posting another poem by Don Merrill.

I Chose To Look The Other Way

I could have saved a life that day,
But I chose to look the other way.
It wasn’t that I didn’t care;
I had the time, and I was there.

But I didn’t want to seem a fool,
Or argue over a safety rule.
I knew he’d done the job before;
If I spoke up he might get sore.

The chances didn’t seem that bad;
I’d done the same, he knew I had.
So I shook my head and walked by;
He knew the risks as well as I.

He took the chance, I closed an eye;
And with that act, I let him die.
I could have saved a life that day,
But I chose to look the other way.

Now every time I see his wife,
I know I should have saved his life.
That guilt is something I must bear;
But isn’t’ something you need to share.

If you see a risk that others take
That puts their health or life at stake,
The question asked or thing you say;
Could help them live another day.

If you see a risk and walk away,
Then hope you never have to say,
“I could have saved a life that day,
But I chose to look the other way.”


by: Don Merrill
J.R. Simplot Co.
Don Plant Training Center
dmerrell@simplot.com

Summer is here - Heat related stress hazards

Many workers in manufacturing environments are exposed to heat related hazards, especially during hot summer months. The necessity for training and awareness is covered under the General Duty cause in Section 5(a)(1) of the Occupational Safety and Health Act ("General Duty Clause") which requires an employer to furnish to its employees:

"...employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees..."

This means that an employer could be cited if:
a) The employer failed to keep the workplace free of a hazard to which employees were exposed;
b) The hazard was recognized;
c) The hazard was causing or was likely to cause death or serious physical harm; and
d) There was a feasible and useful method to correct or control the hazard.

The rising temperature in a manufacturing facility during Summer months is a recognizable hazard that can cause death if control measures aren't established. While you may not be able to control the Summer heat, you can control many aspects of how you deal with this hazard.

1) If you haven't already, and if feasible, install fans. Fans increase air circulation, which promotes body cooling through the evaporation of sweat.

2) Give more frequent breaks away from the heat and heavy work. An air conditioned rest area is not necessary. In fact moving to a too cold area can cause heat shock. The National Institute of Occupational Safety and Health (research arm of OSHA) has determined that 76F is ideal for rest breaks.

3) Provide unlimited water to drink for hydration purposes. While water is the best hydration liquid, offering thirst quencher style drinks such as Squincher may encourage more frequent drinking with the added benefit of replacing electrolytes such as sodium. Discourage caffeinated products as they are diuretics which cause the employee to urinate more often, becoming yet more dehydrated.

4) Train your employees and supervisors to be aware of the symptoms of heat related illnesses. (Cards can be printed here: http://www.osha.gov/Publications/osha3154.pdf). Train supervisors to be diligent in monitoring employees for hydration levels and early heat stress symptoms. Additionally train supervisors in the proper treatment of heat related illnesses.

5) Also train supervisors in the necessity of acclimating new hires to the work environment. A person will generally take 5 to 7 days to acclimatize to a hot environment. Have supervisors vary new workers between heavier and lighter work loads. Give more frequent rest breaks, and remind new employees to drink more often. Encourage the worker to drink 5 to 7 ounces of fluids every 15 to 20 minutes just to keep up with fluids lost from sweat.

6) Individual employee factors should additionally be taken into consideration when monitoring for heat related stress. Age, weight, physical condition, recreational activities, and medications are all factors that could contribute to heat the onset of heat related illnesses. Remind workers to ask their doctor or pharmacist if any medication they are taking can contribute to heat stress.

Now is the time to train both general employees and supervisors of the hazards for heat related hazards. A few environmental preparations, training, and monitoring are all proactive approaches that directly lower incidences of heat related illnesses and keep production rates at optimal levels.
Here are some links to more information including some industrial hygiene approaches to determine permissible heat exposure limits.

http://www.cdc.gov/niosh/hotenvt.html#safety
http://www.csao.org/t.tools/t6.news/heat_stress_faq.cfm#measures
http://www.osha.gov/dts/osta/otm/otm_iii/otm_iii_4.html#iii:4_2

It's Up To Me

I found this poem by Don Merrell. It's been floating around the internet for years, but I thought it still very appropriate.


It's Up To Me

I want a workplace, that's Injury Free
And if that's going to happen, then it's up to me.

I can't take for granted, that anyone,
Has done all the things, that I should have done.

I must, take the time, with each task I do,
To look for the hazards, and think the job through.

To check the procedures and follow them all
And reject taking shortcuts, no matter how small.

When I walk through the workplace, I must stay alert
To watch for those things, that could get people hurt.

And if I see a hazard, I won't rest until,
I have made the thing safe, or know someone will.

I must question each unsafe behavior I see,
And encourage all others, to do that for me.

I must always give safety, the best I can do.
And expect that performance of all others too.

I must always remember to let people see,
That their safe behavior, is important to me.

Every act is important, no matter how small.
For the safety of one, is the safety of all

We can all have a workplace that's injury free
If we each one Commit, to Making It Be,

If we all do our part, and each of us see,
If It's Going to Happen, - Then It's Up To Me.

Don Merrell
J.R. Simplot Co.
Don Plant Training Center
dmerrell@simplot.com

College

I will be attending a week long intensive class on Safety Management from a Human Relations standpoint.

As such, I won't be posting to the blog every day, but will post updates on Twitter as I can. http://twitter.com/SafetyPhoenix

National Return to Work Week - Part 5

A few things I took away from Thursday's virtual conferences:

Doctors: Employers should carefully chose the physician to initially send injured employees. A physician must understand the employer willingness to provide light light duty. Have the physician visit the facility. Also visit the physician's office to determine the accessibility of employers to the doctors.

Employers need to be able to respectfully talk to the treating physician, so that they can ask questions, and discuss concerns. However, an employer must learn how and when it is best to communicate with the doctor. Your employee is not the only person the doctor is treating. As such, the doctor may be overloaded, and your phone call may not be a priority at the time.

From the defense lawyer side: A proactive, effective return to work program will reduce the settlement amount. An effective return to work program does allow an insure insurance carrier to minimize the time spent on a claim, which is a substantial benefit for everyone.

An employer needs to make an attempt to resolve issues before firing an injured employee. A disgruntled, now fired, employee who feels they may be wronged can cause yet more problems than merely a workers compensation claim, and larger settlement. Retaliation claims may be filed with both the workers compensation system and OSHA, ADA, or Wage and Hour claims may be filed. If the company has less than stellar hiring practices and policies there may be other claims an employee can make. Defending these claims, valid or not, is expensive.

Documentation is imperative. Improper or sloppy documentation can demonstrate to a workers comp or liability judge that the employer doesn't have the proper systems in place, doesn't care, and obviously the employer has some culpability and should be held responsible. The employer must be able to defend by documentation claims filed against them, or the judge will side with the employee. Once a claim against an employer is successful, additional claims may be filed by other employees.

Best Practices:

• Plan in place for procedures needed for incidents – everything from who investigates the incident, to making sure the WC carrier and HR are properly notified.
  

• Have employees sign off each week that they were not injured, and did not witness an injury, or if they were or knew of someone who was - how it occurred. That way, in this time of lay-offs, an employer has the documentation necessary to defend a workers compensation claim filed after the lay-off occurred.
  

Best Practices for Return to Work:

• Return to Work must start at the top of the organization to be successful.

• Return to Work benefits the employee, the employer, the insurer, the adjuster – the entire system!

• Policies need to be in place to facilitate the return injured employees to return as soon as possible to productive meaningful work within their restrictions.

• Stop seeing injured employees as damaged good that need to be discarded.

• Anticipate what the injured work is likely to do, and prepare for it in your policies.

• If you explain your expectations to your employees through-out, they are far more likely to follow those expectations.

• Also train your supervisors on the expectations of the return to work policy.

• If at all possible have the injured worker stay in their pre-injury production area during light duty. Many tasks can be carved out of the normal work day that meet the restrictions of the injured worker. Similar tasks can be carved out of others stations to keep the employee active.

• Burying your head in the sand as far as workplace injuries and return to work does nothing but open yourself to future litigation!

See more here: http://nationalreturntoworkweek.org/events/

National Return to Work Week Part 4 – The Injured Worker

Yesterday's series of webcasts dealt with return to work from the injured worker's perspective. When a worker becomes injured they may be pulled in multiple directions:

• The employer wants them back at work as soon as possible, and may have a different idea of asap than the injured worker's doctor.

• Family members wonder what will happen now that a bread winner is injured. They may be the one who pushes for a lawyer.

• Supervisors can make or break a safety/WC comp program. If the injured employee doesn't like working for a specific supervisor, they will be far more reluctant to return to that department.

• Coworkers can become irritated with an employee because they are now doing extra work.

• The employer can also bring in their 'experience' with similar injuries. Employers tend to be motivated to recover due to the fact they own the business and can't afford to take off. Employees do not have the same motivation.
  

If we as WC professionals have trouble understanding the laws, how much tougher would it be for the injured worker?

This general lack of understanding the process breeds suspicion. When an employer has no, or very limited light duty, and mandates the employee must be 100% recovered to return, the suspicion on the workers part becomes greater as they feel the employer is trying to get rid of them. If the worker doesn't recover as quickly as the employer expects it also breeds the suspicion the employee is malingering. The result is there is now suspicion on both sides that the other party isn't doing their part.

The workers compensation process is made yet tougher with the physician process. Depending on the state, workers may have an unfamiliar doctor chosen for them. Depending on the work load, the doctor may not give the worker much time in diagnosing the injury. The doctor says they can go back to work with certain restrictions. However, the doctor may not have been given a list of essential duties of the job, thus may not fully understand how the job tasks can effect the injury. This breeds suspicion that the doctor is on the employers side, and just pushing them back to work.

The employer may offer light duty, without fully understanding the restrictions. The light duty may require the injured worker to do something that is against the restrictions. When the employee refuses, it just reinforces the suspicion that the employee is malingering and playing the system.

The workers compensation provider also adds to the misunderstanding and suspicion. Tests, and procedures may take weeks to get approved. Both sides are now unhappy with the delays and may blame the “other side”.

All sides agree that the workers compensation system is not user friendly. Employers and Insurers may wrongly deny benefits causing yet more delays in treatment. The system encourages both parties to settle thus disposing of the 'problems' as quickly as possible. The system rewards those that play the system by essentially offering them money to settle and go away. For those that truly are injured to the point of not being able to work, the system can just get more confusing when they apply for Social Security Disability Insurance.

How do you cut through all of this misunderstanding, suspicion, and get the employee back to work as soon as reasonably possible? Check out the webcasts (available on demand) to find out more. Here: Nation Return to Work Week - Free Webcasts.

National Return to Work Week – Part 3 -- JAN

The Tuesday webcasts for National Return to Work Week were all very good. It would be a disservice to try to include everything in a quick overview. Instead I'm going to just focus on just one. All previous webcasts are available for immediate viewing here.

The focus of this blog is the webcast - “Creating Positive Return to Work Experiences” with Anne Hirsh and Dr. Beth Loy of the Job Accommodation Network (JAN). The Department of Labor, Office of Disability Employment Policy provides the Job Accommodation as a resource for both employers and employees. JAN is a collaborative effort with the U.S. DOL Office of Disability Employment Policy, the International Center for Disability Information at West Virginia University, and private industry throughout North America. JAN can be found at: http://www.jan.wvu.edu/.

JAN's mission is to facilitate the employment and retention of workers with disabilities by providing employers, employment providers, people with disabilities, their family members, and other interested parties with information on job accommodations, entrepreneurship, and related subjects. Anyone may call JAN for information about job accommodations and the employability of people with functional limitations.

JAN provides consultation to employers in order to:

• Increase the hiring, retention, and promotion of qualified employees with disabilities;

• Create accommodation solutions to benefit both employer and employee;

• Protect their business by educating employers about their responsibilities under the ADA,

• Rehabilitation Act and other disability related legislation;

• Reduce workers' compensation and other insurance costs; and

• Address issues pertaining to accessibility.

JAN provides consultation to people with disabilities in order to:

• Increase the hiring, retention, and promotion of qualified employees with disabilities;

• Create accommodation solutions to benefit both employee and employer;

• Educate people with disabilities about their rights under the ADA, the Rehabilitation Act and other disability related legislation;

• Inform people with disabilities of the local, regional, and national resources that can assist them in pursuing employment opportunities; and

• Address issues pertaining to accessibility.

JAN provides consultation to rehabilitation professionals in order to:

• Facilitate placement of clients through accommodation assistance,

• Brainstorm accommodation options, and

• Find local resources for workplace assessment and discover resources for device fabrication and modification.

JAN provides consultation to people affected by disability in order to:

• Discover local, regional, and national organizations, resources, and support groups; and

• Obtain helpful accommodation and legislative information.
  

JAN provides a multitude of information to help negotiate the issues involved with the new Americans with Disabilities Act from how to write a job description, to helping an employer determine if their employee is disabled, to how to recognize and deal with an accommodation request. JAN provides employers with accommodation ideas so that injured and disabled employees can return to work in an effective manner. According to JAN, for every dollar an employer invests in an accommodation, the employer will receive back $10 in increased productivity.

I personally have had occasion to discuss accommodation issues with JAN. In all cases the information has been invaluable. Of all of the resources provided in the National Return to Work Week webcasts, this is perhaps the most important.

More information on JAN:

http://www.jan.wvu.edu/

http://www.dol.gov/odep/

http://en.wikipedia.org/wiki/Job_Accommodation_Network

http://www.jan.wvu.edu/soar/index.htm

http://www.jan.wvu.edu/janondemand.htm

http://www.jan.wvu.edu/webcast/archive/index.htm