Hellman & Associates

Bobby Lewis

OSHA Changes Maximum Citations and Penalties

If OSHA knocked on your door tomorrow, would you be prepared?

Effective March 27, 2023, OSHA will administer penalties on an “instance-by-instance” (IBI) basis for gravely serious violations. Detailed information can be found in the official OSHA memo by clicking this link. The OSHA standards this new policy applies to include: falls, trenching, machine guarding, respiratory protection, permit-required confined space, lockout/tagout and other-than-serious violations of OSHA standards specific to recordkeeping.

The significance to this change means for each instance of a violation, a serious penalty can be proposed. OSHA is allowed to cite on a per machine, per location, per employee exposed, etc. so you can see how this can increase penalty amounts. Historically, OSHA groups each instance of the violation and issues one citation and penalty. Now, each instance is issued with a citation and penalty.

As an example, prior to this change if five employees were roofing a building and no fall protection was in place, one citation would be written with an average serious penalty of $5,500. With IBI changes, a citation for each employee can be issued thereby increasing the proposed penalty to $27,500!

When one combines this with the increase maximum penalties, if OSHA knocked on your door tomorrow, would you be prepared? The detailed maximum penalties OSHA memo released on December 20, 2022 is found by clicking on this link.

The following table illustrates the liability employers may face with this new OSHA policy. This information is based on actual fines issued previously.

Choose ASSUREDCompliance® to protect your employees as well as your business. ASSUREDCompliance® is an annual partnership that applies H&A’s proven best practices to help your company ensure employee safety and avoid costly business disruptions. The best part? It’s about one-third of the cost of a full-time safety manager. And your regulatory compliance is guaranteed. If you incur a citation for something we should have managed, we pay for it.

To see examples showing how Hellman & Associates has helped companies minimize financial losses when their in-house compliance programs came up short, click here and download our solution brief.

Contact Hellman & Associates to learn more about how we can help you keep your valuable employees safe on the job.

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OSHA Injury & Illness Recordkeeping Deadline

OSHA Form 300A, the Summary of Work-Related Injuries and Illnesses, must be completed and posted by February 1, 2023. The summary must include the total number of 2022 job-related injuries and illnesses that were logged on your OSHA 300 form. If your company had no recordable injuries or illnesses in 2022, you must still post the form with zeros on the total line. All summaries must be certified by a company executive and remain displayed in a common area between February 1 and April 30, 2023.


Employers with 10 or less employees in the previous calendar year are exempt from routinely keeping injury and illness records. Employers in certain industries may be exempt from federal OSHA injury and illness recordkeeping and posting requirements. Click here to see if your industry is exempt.


Leave the Reporting to Us

With Hellman & Associates’ annual ASSUREDComplianceSM, we are aware of changing regulations, will keep your program and training current and manage compliance and reporting for you.

As an ASSUREDComplianceSM partner, your regulatory compliance is guaranteed, meaning if you incur a citation for something we should have managed, we pay for it.

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OSHA Issued Millions In Fines Last Year.
Nobody Ever Thinks It Will Happen To Their Company.

Preliminary data from 2022 has been reported with fall protection (for the 12th year in a row) being the most cited standard. Ensuring safety and the health of employees happens when employers create and maintain a company-wide environment that starts with training and ends with standards compliance.

It is about about protecting the people. The failure to maintain proper work areas put workers at risk and, in some cases, are fatal. Also, management cannot overlook the financial penalties that accompany citations. OSHA’s highest penalties ranged from $638,000 to $1.3 million in the previous 12 months for companies of different sizes.

Top four most-frequently cited standards in Region 8

  1. Fall Protection:  This standard is designed to protect employees on walking/working surfaces with an unprotected side above six feet. 
  2. Hazard Communication: This standard addresses chemical hazards and the communication of these hazards to workers.
  3. Respiratory Protection: This standard lists requirements for a complete protection program including training, evaluation and other areas of concern.
  4. Machine Guarding: This standard protects operators and others from hazards including machinery and flying debris.

Training components and compliance assessments are crucial to safe working conditions. Hellman & Associates can assist you to review training records, conduct interviews and evaluate the work areas. And if you looking for comprehensive annual reviews, ASSUREDComplianceSM fulfills your ongoing safety needs at a third of the cost of a full-time safety manager. And with ASSUREDComplianceSM, you can rest assured your workforce and your workplace are in safe, working order – guaranteed. If you incur a citation for something we should have managed, we pay for it.

You need to ask yourself: Are you in compliance with OSHA? How about the EPA, DOT or state and local agencies? H&A offers EHS compliance management services that protect your workforce and keep your company current with regulatory requirements.

Don’t wait for a citation. Contact us today to get started. Check the details on our web site and download an ASSUREDComplianceSM brochure today.

OSHA Issued Millions In Fines Last Year.
Nobody Ever Thinks It Will Happen To Their Company.
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Self-managed EHS Programs Costs More Than You Think

Hellman & Associates has seen a surge in OSHA regulatory engagement with companies during the past year. When it comes to compliance, Hellman & Associates can be the key to favorable results when facing potential violations. Hellman & Associates helps minimize financial losses when in-house compliance programs come up short.

Examples of Reduced Citations and Fines negotiated by Hellman & Associates:

 

 

 

 

 

 

Even better are the examples demonstrating the benefits when a business takes advantage of Hellman & Associates’ ASSUREDCompliance program.

 

 

 

 

 

 

For more examples of how Hellman & Associates helped companies minimize financial losses when in-house compliance programs came up short, click here and download this solution brief. A comprehensive overview of the ASSUREDCompliance program that has made Hellman & Associates the preferred EHS compliance partner for businesses like yours can be found on this web page.

Self-managed EHS Programs Costs More Than You Think Read More »

New REP for Powered Industrial Vehicles

OSHA has implemented a new regional emphasis program (REP) in Region 8 which will facilitate inspections of all general industry and construction workplaces where the operation of powered industrial vehicles (PIV) or personnel handling motorized equipment occurs. If your company has any type of warehouse, loading or unloading capability, most likely this will affect you.

As with all OSHA programs, the purpose is to reduce injuries and fatalities from the operation of this equipment. This REP includes PIVs ridden or controlled by a walking operator. It also includes mobile power-propelled trucks used to move materials. Golf carts or electric trucks used to transport personnel or ATVs used for grounds crews are included in this REP.

The REP aligns strategically with OSHA’s Agency Management Plan as it concerns the reduction of hazards in the Warehousing and Storage Industry and during the operation of powered industrial trucks (PIT). PIT standard (29 CFR 1910.178) is by far the most cited standard in the Warehousing and Storage industry over the previous three years. This standard is consistently in the top ten cited standards. The number of fatalities with a primary source of injury reported as PIT-related increased by 37% between 2017 and 2019. In 2017 alone, forklifts were involved in 9,050 nonfatal workplace injuries with days away from work. Of these, injuries to pedestrians resulted in the highest median number of days away from work.

Inspections of all General Industry and Construction worksites utilizing PIVs will be expanded to include PIV hazards and equipment. In addition, target inspection lists will be developed for certain industries listed in the emphasis program. Inspections under this program will begin after a 90-day period of outreach.

For a complete list of vehicles, other specs and programs to help your company receive high marks during this REP, contact Bobby Lewis at Hellman & Associates. We can also provide you answers about the program and provide training on OSHA’s PIT standard.

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You Can Save A Life

September is Construction Suicide Prevention Month.  According to the Centers for Disease Control and Prevention, the construction industry has the second highest rate of suicide in the U.S.  Working in the building and construction trades has become this country’s deadliest occupation. But it isn’t cranes, ladders or broken bones that get to construction workers. They are more likely to die by their own hands rather than be killed in an on-the-job accident. With 53.2 suicides per 100 thousand workers, construction has among the greatest suicide rate of any industry – over four times higher than the national suicide average and five times higher than all construction deaths combined. Work in this industry is a demanding profession. There are tremendous production expectations on the workers in order to fulfill deadlines as well as working circumstances that may frequently be hazardous if rigorous safety rules are not followed. While further study is underway to understand these work-related factors, initial research indicates suicide risk is related with the following:
  • Low skilled labor
    • Lower education
    • Access to lethal means
    • Job stress
    • Poor supervision and colleague support
    • Low job control
    • Job insecurity

    • We join other groups which recognize September as a month to raise awareness about the higher-than-average number of suicides in the construction industry and providing resources to help prevent those deaths. Hellman & Associates supports and encourages your company to expand internal resources and recognize National Suicide Prevention Month. H&A can provide assistance for you to raise awareness about the unique challenges workers face in construction leading to suicide and what we can do to prevent it.

       Click here to download OSHA’s Suicide Prevention guide. Resources are also available at the 988 Suicide & Crisis Lifeline (formerly the National Suicide Prevention Lifeline). It provides free and confidential emotional support to people in suicidal crisis or emotional distress 24/7 in the U.S. The Lifeline is comprised of a national network of over 200 local crisis centers, combining local care and resources with national standards and best practices.

      Together, we can save lives.
      Contact us to learn more about how H&A can help you keep your valuable employees safe on and off the job.
  • You Can Save A Life Read More »

    The Heat Is On – Heat Stress Safety

    Back in 1985, Glenn Frey sang “The Heat Is On” and that is exactly the forecast! In less than a week, many areas of the country jumped to triple digit temperatures. This type of quick and ongoing temperature change exposes workers to dangerous risks related to heat exposure. And remember, heat stress can happen outdoors as well indoors. Earlier this year, OSHA launched a National Emphasis Program for outdoor (and indoor) heat-related hazards. The purpose is to protect employees from heat-related hazards. They set a targeted enforcement component and want early interventions by employers to prevent illnesses and death during high heat conditions. For reference, OSHA stipulates that a heat priority day occurs with the heat index for the day is expected be 80° degrees or more. Here are some items OSHA will look for during heat-related inspections:
      • OSHA 300 logs and 301 incident reports
      • Records of heat-related ER visits or ambulatory transport
      • Determination if employer has a heat illness and injury program
      • Identifying activities relevant to heat-related hazards
    The most effective way to minimize heat-related illness in the work force is to create and execute a plan. H&A has compiled a variety of resources to facilitate effective safety meetings for the heat stress topic including posters, written materials and videos. Click on the links below to download these resources: Hellman & Associates’ poster can be printed and place in your workplace. Share it with your employees to help them identify the signs and symptoms of heat stress so they know when to cool down before health risks set in. Download the poster

    Contact us to learn more about how we can help you keep your valuable employees safe on the job

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    Online Employee Safety Training

    Don't Reinvent the Wheel: Utilize H&A's Online Training


    One of the many resources H&A provides you is an online toolbox library. It contains safety topics for general and construction industries. Each topic covers awareness-level information addressing the basics of common workplace safety hazards one can present in person or deliver to staff online.
    H&A is expanding its online library with short, content rich videos for efficient delivery to your employees. Videos are available in English and Spanish to assist in training your staff.

    New video topics such as one on Fire Extinguisher Use are added monthly. Take a few minutes and check out this great resource H&A provides to protect your workforce. You can also subscribe to our YouTube channel and receive notifications when a new training video is uploaded. Don’t see a training topic you would like covered? Send your input on topics you would like produced.

    In addition to a variety of safety materials available from the NSC, H&A has other online resources you can explore. Consider H&A’s COMPLIANCEAction Assessment which gives you a snapshot of your current risk exposure. This valuable process analyzes gaps and helps avoid a fine from regulatory agencies. This assessment will also provide you with an action plan—all for about the cost of a single, serious OSHA citation. Contact H&A to learn more about the COMPLIANCEAction Assessment and the benefits it provides. Keep your company and its employees healthy!

    Online Employee Safety Training Read More »

    If it’s June, it must be….

    National Health and Safety Month

    In 1996, the National Safety Council (NSC) established June as National Safety Month. The goal of this designation is to increase awareness of the leading safety and health risks with the goal to decrease the number of unintentional injuries and deaths.

    What can you do to take advantage of this national month-long emphasis on health and safety?

    • Prevent Incidents Before They Start: Identifying risks and taking proactive safety measures to reduce hazard exposure on important topics from ergonomics to chemical management is crucial to creating a safe workplace.
    • Address Ongoing COVID-19 Safety Concerns: As the pandemic continues, employers play an important role in the return to physical work spaces, building trust around vaccines, mental health and more.
    • It’s vital to feel safe on the job: Being able to work without fear of retaliation is necessary for an inclusive safety culture. Leading organizations focus not only on physical safety but psychological safety as well.
    • Advance your safety journey: Safety is all about continuous improvement. Whether organizationally or individually, there are resources which provide guidance for the path forward.

    Honor Your Safety Hero

    Celebrate and focus your organization on health and safety this month. H&A invites you to recognize someone in your company who inspires you to be safe. Send us an email with your Safety Hero details so we can help you recognize their actions.

    In addition to a variety of safety materials available from the NSC, H&A has online resources you can explore. Consider H&A’s COMPLIANCEAction Assessment which gives you a snapshot of your current risk exposure. This valuable process analyzes gaps and helps avoid a fine from regulatory agencies. This assessment will also provide you with an action plan—all for about the cost of a single, serious OSHA citation. Contact H&A to learn more about the COMPLIANCEAction Assessment and the benefits it provides. Keep your company and its employees healthy!

    If it’s June, it must be…. Read More »

    OSHA’s New Initiative Targeted To Reduce Respirable Crystalline Silica Hazards

    A new initiative was implemented by OSHA in Region VIII in March. The regional emphasis program on silica in cut stone and slab handling seeks to identify and reduce hazards associated with respirable crystalline silica exposure. OSHA will begin conducting inspections at facilities following a 90-day outreach period approximately June 1, 2022. These inspections are targeted at the industry defined as NAICS 327991 – Cut Stone and Stone Product Manufacturing.

    To clarify, crystalline silica is a common mineral found in naturally-occurring materials including sand, concrete and mortar. Cutting and other activities generate respirable dust and silica is release into the air creating inhalation hazards. Inhalation of this dust cause diseases including silicosis, lung cancer, COPD and kidney disease. You can read the detailed OSHA Safety and Health Information Bulletin online.

    To help you understand silica information you should provide to your staff, click here to download a silica exposure safety meeting topic sheet. This is one way the Hellman & Associates’ proactive approach has made us the preferred choice of businesses.

    If you have questions about the OSHA inspection program or would like information and training on this topic, please contact us.

    OSHA’s New Initiative Targeted To Reduce Respirable Crystalline Silica Hazards Read More »