API Spring / Summer 2024

3. Improper Handling of Hazardous Materials

Related to number 2, employers must provide proper training and PPE to employees who work with hazardous materials. Failure to do so can result in exposure to toxic substances and serious health consequences. All chemicals need to be understood and handled in a safe way, based on the hazards they present. All chemicals have risks, but some people have serious sensitivities to certain chemicals that can result in severe reactions. Something as common as bleach being used to sanitize water coolers, if used improperly by someone who doesn’t know they don’t know how to use bleach properly, can result in chemical burns on the skin and respiratory damage from the fumes. Whenever employees are required to use chemicals, they need to know how to do it safely and properly. Failing to ensure that employees have this knowledge is a significant OSHA violation.

Employers must keep records of training sessions and ensure employees understand and follow safety procedures to prevent accidents and injuries in the workplace. Anytime we, as employers, direct employees to undertake a task, it should immediately alert us to ask the question, “have we trained them to do that?”

4. Failure to Provide Adequate Personal Protective Equipment (PPE)

6. Improper Machine Guarding

This one is directly related to number 3. When we think of personal protective equipment (PPE) for employees, we tend to think in terms of harnesses, helmets, lanyards, and the like. But when it comes to those “extra” tasks that employees are required to undertake, like spraying the weed killer or cleaning the coolers, employers need to ensure that employees have— and are using—the necessary PPE for the job they are doing. Employers must assess workplace hazards, provide appropri- ate PPE, such as gloves, goggles, helmets, and respiratory pro- tection, and ensure that it fits properly, is in good condition, and that employees know how—and when—to use it. Which naturally leads to number 5.

Part of the safety training that employers are required to provide employees is the proper use of tools. And integral to that training is a proper understanding and use of the tool’s safety features. It’s often tempting to remove or modify a guard because it gets in the way of a task that needs to be done. However, removing or disabling machine guards (such as those on an angle grinder or table saw), failing to install guards on ma- chines with moving parts (such as not installing the protective chute on a lawn mower or weed whacker), or even neglecting regular maintenance on tooling to make sure the guards are operational are all violations of OSHA code. These aren’t just violations that can earn employers a fine, they can—and often do—result in serious injury to employ- ees. The lesson: retain and maintain the proper guarding on your tools and equipment.

5. Failure to Provide Adequate Training

It’s shockingly common for employees to be given a job or task for which they have not had direct training. Just think about how often you as an employer have directed an em- ployee—or have been directed as an employee—to “jump in the company truck, run down to the hardware store, and get us a box of three-inch screws” or “grab the weed whacker and knock down the high grass around the check-in building.” Who doesn’t know how to drive a stick shift truck or run a weed whacker, right? However, OSHA code requires employers to provide compre- hensive work safety training to employees on a regular basis. In fact, its General Duty Clause, simply stated, indicates that if an employee is required to undertake a task, employers must provide training to employees on workplace hazards, emergency procedures, and equipment use involved in that task, whether that task is as simple as weed whacking or as involved as working at height. It should also be noted that this training must take place (a) before starting work, (b) when new hazards are introduced, and (c) periodically thereafter.

7. Unsafe Electrical Practices

Electrical hazards are among the most common causes of workplace injuries and fatalities, as it is profoundly simple to be electrocuted. All one needs to do is be the conduit that completes the circuit to the ground, and electricity will do the rest. Common unsafe electrical practices that employers over- look include overloading outlets with too many devices, using damaged extension cords or power strips, and failing to ground electrical equipment properly (i.e., removing the grounding pin from extension cord plugs or equipment).

These practices dramatically increase the risk of electrical shocks, fires, and other accidents in the workplace. Unfortu -

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