OSHA Ramps Up (CONT’D FROM PAGE 24)
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“Where supervisors often fall short is in not having em- ployees be active safety participants,” said Witte. “Instead of just telling them how to operate a machine, establish two-way communications. Do they have additional safety concerns beyond what has been discussed? Sometimes a machine may not be working exactly as designed, and that can have safety ramifications.” Temporary transfers of employees from one department to another often lead to safety violations and accidents. “Suppose there is a labor shortage in the warehouse and there’s an urgent need to get product onto trucks quickly,” said Heppner. “A call is made to another department that sends one or two workers to help. If these new arrivals do not receive the requisite safety training before they start work, any resulting injury can result in a citation.” An effective safety program is not a one-and-done affair. As time passes procedures get modified and new standards are required. “Every three to six months, it’s
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wise to go through your program to make sure it is still current,” said Heppner. “Any new safety issues must be addressed.” Take special care when a new machine is added. Un- familiar controls can lead to accidents. “Sometimes equip- ment vendors will send representatives to provide onsite training,” said Witte. “If employees are not present, man- agers and supervisors need to be there so they can pass on knowledge about how the machinery can be operated safely.” Dealing With OSHA An accident happens. Will the company be fined? The answer depends to a great extent on how well the company has trained the involved employee, and how thoroughly documentation of that training has been main- tained. But the employer may also be protected if the em- ployee did not follow mandated safe work practices. “When a citation is withdrawn by OSHA, it’s usually because the employer was able to establish a so-called ‘employee misconduct defense,’” said Foulke. For this de- fense to prevail, the employer must be able to provide a positive answer to each of these four questions: 1. Did the company establish safety rules that would
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26 May 1, 2023
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