Establishing Gun-Free Workplaces: What Are Employers’ Rights

In an average week in U.S. workplaces, one employee is killed and at least 25 are seriously injured in violent assaults by current or former co-workers, according to Department of Labor data.  Most of those attacks involve guns.  To cut down on the risk of gun violence in workplaces, many employers have instituted policies banning anyone-whether employee or visitor-from carrying a concealed weapon on the property or premises.  However, in some instances such rules may not be enforceable.  

Less than a generation ago, most states issued few permits for individuals to carry concealed guns.  Today, the situation is quite different.  In 34 states there are now laws that require officials to issue a concealed carry permit (CCP) to anyone who meets certain objective licensing criteria.  Most of these laws mandate issuance of a CCP to any adult who has not been convicted of a felony; has no history of drug or alcohol abuse and/or mental illness; has not committed any violent misdemeanor within the last three to five years; and, in most states, has completed a firearms training course. 

The rationale for these laws is that Americans have the right, under the Second Amendment to the U.S. Constitution, to bear arms to defend themselves. That right is meaningless, according to CCP supporters, if a person is prevented from having a gun should self-defense be needed.  Many CCP supporters believe this right should extend to workplaces, employers’ premises, and private property in general.

While people in most states now have the right to carry concealed guns, employers have a conflicting desire to control activities by employees or the public on the company’s private property. 

As of January 2005, employers in all states with CCP laws are permitted to maintain rules or policies that prohibit employees from carrying concealed weapons on the job.

Rules prohibiting guns in the workplace have been upheld by the courts, but there has been controversy whether the rules prohibit possession of guns in the employer’s parking lot.  In a highly publicized case several years ago, America Online terminated three employees who were recorded by a security camera transferring guns from their cars which were parked in the company’s parking lot at its call center in Ogden, Utah.  The employees were off work and planned to go target shooting.  AOL fired them for violating a violence prevention policy that banned guns.

The fired workers sued, saying AOL’s policy violated their right to bear arms.  But the Utah Supreme Court in July 2004 sided with AOL and said employers have the right to set policies banning guns in the workplace and that the right extends to the employer’s parking lot.

In some states, there has been pressure on legislatures to make laws allowing employees with CCP’s to keep their weapons in their vehicles while they’re at work. 

Banning guns on private property carried by non-employees, that is, by visitors, clients, customers, etc., can be quite problematic in states with strong concealed carry laws.  Employers’ right to prohibit employees from carrying concealed guns at work is based on the employers’ authority to manage the workplace.  But with people who are not employees, the employer can’t override the laws, which in most states permit people with CCP’s to be armed anywhere, except where concealed guns are specifically excluded by statute. 

Whatever rules one makes about concealed weapons may bring controversy, since there are people who feel strongly on both sides of this issue.

Scaffolding Safety

 

According to the Bureau of Labor Statistics falls remain the number one killer of workers in the construction industry and the number two killer of workers in private industry. One of the most likely ways to prove those statistics true is to look at the number of falls from scaffolding. This problem was so prevalent for such a long time, that it prompted OSHA to revise their standards on scaffold safety in the late 1980s.

The standard that OSHA devised has been periodically updated; but it still contains several key provisions:

  • Fall protection or fall arrest systems-Each employee more than 10 feet above a lower level must be protected from falls by guardrails or a fall arrest system. However, employees on single-point and two-point adjustable suspension scaffolds must have both.
  • Guardrail height-The height of the toprail for scaffolds manufactured and placed in service after January 1, 2000 must be between 38 inches and 45 inches.
  • Crossbracing-When the crosspoint of crossbracing is used as a toprail, it must be between 38 inches and 48 inches above the work platform.
  • Midrails- Midrails must be installed approximately halfway between the toprail and the platform surface. When a crosspoint of crossbracing is used as a midrail, it must be between 20 inches and 30 inches above the work platform.
  • Footings-Support scaffold footings must be level and capable of supporting the loaded scaffold. The legs, poles, frames, and uprights must be placed on base plates and mudsills.
  • Platforms-Supported scaffold platforms must be fully planked or decked.
  • Guying ties, and braces-Supported scaffolds with a height-to-base of more than 4:1 have to be restrained from tipping by guying, tying or bracing.
  • Capacity-Scaffolds and scaffold components must support at least 4 times the maximum intended load. Suspension scaffold rigging must support at least 6 times the intended load.

In addition to complying with OSHA requirements for the design and construction of scaffolds, employers need to follow other scaffolding safety practices. They must ensure that scaffold suspension ropes and body belt or harness system droplines are shielded from heat-producing processes such as welding, hot acids or other corrosive substances, or cut by sharp edges or abrasions. Ropes should be made from material that is not affected by heat or by acids or other corrosives.

All scaffolds and scaffold components should be inspected before each use to ensure that structurally sound portions of buildings or structures are used to anchor droplines for body belt, harness systems, and tiebacks for suspension scaffold support devices. Droplines and tiebacks should be secured to separate anchor points.

Employees should be provided with appropriate fall protection systems and understand how to use them correctly. Generally, workers should be protected by a Type I guardrail system or a combination of body belt or harness system with a Type II guardrail system. The Type I guardrail systems are capable of providing the necessary fall protection without the use of body belts. Where the Type II guardrail systems accentuate the scaffold edge, restrain movement, provide handholds, and prevent wrong moves, they still must be supplemented by body belt or harness systems to provide the necessary fall protection.

The requirements differ when single-point and two-point adjustable suspension scaffolds are used. Workers must be protected by both a body belt or harness system and a Type I or Type II guardrail system. If boatswain chairs, catenary scaffolds or float scaffolds are used, workers only have to be protected by a body belt or harness system.

Using Vacuum Sanding Systems to Decrease Exposure to Drywall Sanding Dust

Generating dust on a construction site is a hazard of the profession. Workers sanding drywall joint compound may have the greatest exposure. They can be exposed to large concentrations of dusts and possibly silica as joint compounds are made from a variety of components such as talc, calcite, mica, gypsum, and silica. Some of these ingredients have been linked with mild to moderate eye, nose, throat, and respiratory tract irritation. However, continually breathing the dust from drywall joint compounds may cause severe throat and airway irritation, coughing, and breathing difficulties. Smokers or workers with sinus or respiratory problems are at risk for even greater health problems. When silica is present, workers may be exposed to an increased risk of silicosis and lung cancer.

Finding an appropriate solution to the problem is a double-edged sword. It is in an employer’s best interests to control dust exposure to cut down on health absences and the costs associated with these types of absences, but not at the expense of workflow. Material Safety Data Sheets provided by joint compound manufacturers have attempted to deal with the problem. Either they recommend wet sanding, which is generally avoided because of concerns about drying time and texture finish; or wearing respiratory protection, which many workers fail to wear properly.

The National Institute of Occupational Safety and Health (NIOSH) studied several sanding systems that use portable vacuums to capture and remove the dust before the worker is exposed to it. Their engineers compared the dust exposures from three pole sanding and two hand-sanding vacuum control systems with the exposures from traditional, non-ventilated sanding methods. The five commercially available vacuum sanding controls successfully reduced dust exposures by 80% to 97%. Four of the five sanding controls cut exposures by almost 95%.

In addition to lowering exposures, the engineers also found that vacuum-sanding systems can help both the worker and the employer in other ways. The reduction in airborne dust makes for a much cleaner work area both during and after sanding. For workers, the cleaner work environment is more comfortable; less irritating to eyes, nose, and throat; and less likely to require respiratory protection. For the employer it means that workers will be more productive, be absent less, and require fewer breaks for fresh air. There is a cost savings that results from a cleaner environment because it reduces cleanup time and the time spent in repairing or repainting stained floors and carpets.  These findings proved that using safety measures to protect worker health didn’t have to come at the expense of quality or cost-effectiveness.

Lead Poisoning: Protection Isn’t Just for Kids

Lead poisoning is a preventable condition that results from environmental exposure to lead and can result in permanent health damage. Lead poisoning affects almost all parts of the body, including the central nervous system, kidneys, and reproductive organs.

Adults are most often exposed to lead through occupational exposures. The major sources of lead are lead-based paint, urban soil and dust that contains deposits of paint, gasoline additives and industrial waste, and drinking water that has been contaminated from lead solder, brass fittings and fixtures.

Once lead enters the body, from inhalation or ingestion, it is distributed to the red blood cells, soft tissue and bones by way of the bloodstream.  It impairs vital biological functions throughout the body. Lead can cause serious damage to body systems, which may be permanent or fatal.

Chronic lead poisoning results after lead has accumulated in the bones over time. Adverse health effects may appear long after the exposure to lead has ended. Such problems include: impaired hemoglobin synthesis, hypertension, alteration in the central and peripheral nervous systems, and damage to the reproductive system.

Acute lead poisoning results after a significant amount of lead has entered the body over a short period of time. The primary health effects involve gastrointestinal distress, destruction of red blood cells and serious brain swelling.  Symptoms of less severe acute lead poisonings include: abdominal pain, constipation, irritability, fatigue, weakness and muscle pain. If someone is suffering from a more severe form of acute lead poisoning, their symptoms might include: vomiting, irritability and restlessness, progressive drowsiness, tremors and seizures and lapsing into a coma.

If an employer intends to shield workers from excessive exposure to lead poisoning, they must follow the following safety practices:

·        Have an industrial hygienist perform an initial hazard assessment of the worksite to determine the composition of any paint. Environmental monitoring should also be performed to measure worker exposure to airborne lead and select the engineering controls and personal protective equipment that is necessary. Environmental monitoring should be performed on an ongoing basis to measure the effectiveness of controls and to determine whether the proper respiratory protection is being worn.

·        Engineering controls should be used to minimize exposures to lead at the worksite. Airborne lead exposures should not exceed the current OSHA standard for general industry (50 µg/m3). Engineering controls should try to include substitution of less toxic material, equipment modification, and local and general exhaust ventilation.

·        Before welding, cutting, or burning any metal coated with lead, remove the coating to a point at least 4 inches from the area where heat will be applied. When removal of lead-based paint is not possible, use engineering controls like exhaust ventilation to protect workers who are welding, cutting, or burning the lead-coated materials. These controls should be used to remove fumes and smoke at the source and to keep the concentration of lead in the breathing zone below the OSHA standard. Contaminated air should be filtered before it is discharged into the environment.  

·        When performing abrasive blasting, scaling, chipping, grinding, or other operations to remove lead-based paint, minimize the amount of dust generated by using centrifugal blasting, wet blasting, and vacuum blasting. Other methods that reduce dust include scraping, use of needle guns, and chemical removal.

All workers exposed to lead should wash their hands and faces before eating, drinking, or smoking, and they should not eat, drink, or smoke in the work area. They should change into work clothes at the worksite. Street clothes should be stored separately from work clothes in a clean area provided by the employer. Workers should change back into their street clothes after washing or showering and before leaving the worksite. Cars should be parked where they will not be contaminated.

Pull Out All the Stops – Prevent Electrical Shock in the Workplace

Approximately 700 deaths a year are caused by electrocution, according to the National Safety Council.  This is alarming considering that most of these deaths are easily preventable.  Employers should be aware of this and take steps to implement an overall electrical safety plan that will guard against future accidents of this kind.  OSHA maintains standards that dictate minimum compliance requirements.  This can be the first step in ensuring that the workplace is governed by firm safety rules, but also reinforced through training and monitored on a regular basis.  A safe workplace should also be in compliance with the National Electrical Code (NEC) and National Electrical Safety Code (NESC).

When training employees provide documentation detailing specific safety guidelines that employees need to follow.  Training should include instruction in basic electrical theory, safe work procedures, identification of potential hazards and proper lockout/tagout procedures.  Employees should also receive training in First Aid and CPR. 

It is essential to protect workers who work near electrical power circuits.  Many employers and workers are unaware that even a small amount of current is enough to prove fatal.  Circuits should be deactivated prior to working on or around them.  If this is not possible other measures, such as insulating tools and the wearing of personal protective equipment (PPE) should be followed.

When starting a new project it is essential to identify potential electrical hazards and plan accordingly to ensure employee safety.  OSHA identifies electrical shock as one of the four major hazards in construction.

The most frequent causes of electrical injuries according to OSHA are:

  • Failure to de-energize electric circuits and equipment before working on them
  • Contact with power lines
  • Lack of ground-fault protection
  • Path to ground missing or discontinuous
  • Equipment not used in manner prescribed
  • Improper use of extension and flexible cords

In addition to training and protection, periodic inspection of electrical equipment will help prevent injuries.  Equipment that produces shock, or wires showing visible signs of wear should be removed and either repaired or replaced immediately.

Take step to ensure electrical safety before an accident occurs.  Prevention is the key to saving lives.

Safety Incentive Programs -Do They Really Work?

The practice of rewarding or paying employees for not having workplace accidents is controversial.  With hopes of reducing costly workers’ compensation claims and improving the safety culture of their organization, companies are increasingly implementing safety incentive programs.

Professionals who support safety incentives believe they can be a healthy component of an existing safety program, to build interest in working safely, and thus reduce workplace accidents.  They find it a valuable tool to show employees that they care about their workers’ safety and believe that it can have lasting effects and improve morale.  They also see that it dissuades exaggerated or false injury claims.

Those who discourage companies from implementing safety incentive programs often believe they are no more than a form of bribery.  Because incentive programs do not involve a core change in existing procedures or conditions, this group fears they can actually create a negative safety culture that promotes underreporting of accidents.   They feel they reward the wrong behavior because accidents are usually not intentional acts and do not only involve improper actions.  Usually it is unsafe conditions and inadequate procedures that contribute to causes of accidents.

Even proponents see that a safety incentive program by itself does not constitute a corporate safety program.  Employees cannot improve their safety record if they do not already have the training to know how to manage hazards and work safely. 

When a company’s safety program is not already functioning and effective, adding a safety incentive program could promote the underreporting of accidents as employees pursue rewards and, in group incentive scenarios, avoid being the reason why their fellow employees don’t receive their rewards.

To be effective, a corporation’s safety incentive program must be thoughtfully developed, launched and maintained.  Generally these programs fail because of inadequate commitment from management level staff or poor program administration.  What is most important when considering an incentive program is that the company’s existing program is strong and effective, that upper management is active in all stages of the program in a way that is visible to employees, that the program is well structured with goals and rewards tailored to the workforce and that communication about the program to employees is ongoing.

Best Practices for Arc Welding Safety

A welder’s job can be dangerous in more ways than what would appear to be evident.  Not only are there immediate injuries, like burns, but there are also injuries that can develop over time. 

Ultraviolet Radiation (UV) is created by an electric arc while you are welding.  If your skin is exposed to UV, you can be severely burned.  UV exposure can also damage the lens of the eye, which can lead to what is called “arc-eye.” Arc-eye is a condition in which you constantly feel as though there is sand in your eye. Another type of hazard created by the electric arc is Infrared Radiation (IR). IR can heat the surface of the skin as well as the tissues just below the skin, which can lead to thermal burns. Arc welding also exposes you to intense light and this can result in a variety of injuries, including damage to the retinas of your eyes.

That is why it is so important that you are properly clothed and protected from the heat, ultra-violet rays and infrared rays produced by the arc welder. To protect your torso, you should wear a pair of fire retardant long sleeved coveralls without cuffs. Do not wear clothing with tears, snags, rips, or worn spots because sparks can easily ignite them. Keep your sleeves and collars buttoned at all times while you are welding. Your hands should be protected with leather gauntlet gloves. Protect your feet by wearing a pair of high top leather shoes, preferably safety shoes. If you do wear low shoes, fire resistant leggings should be worn around your ankles.

Your eyes are one of the most vulnerable parts of your body when you are welding, so wear transparent goggles to protect them. In addition, it is mandatory that you wear a welding helmet or hand shield with filter plate and cover plate to protect your eyes from the harmful rays of the arc. Never use a helmet if the filter plate or cover lens is cracked or broken. A flameproof skullcap to protect the hair and head and hearing protection for the noise are also good practices.

Plastic disposable cigarette lighters are very dangerous around heat and flame. It is very important that you don’t carry them in your pockets while you are welding.

The work you are welding should be placed on a firebrick surface at a height that is comfortable for you. You should never weld directly on a concrete floor. Heat from the arc can cause steam to build-up in the floor, which could result in an explosion. Place the welder cables in a spot where sparks and molten metal won’t fall on them. They should also be kept free of grease and oil.

Avoid welding on steel or other metals that conduct electricity. But if you must, be sure you are standing on an insulating mat to prevent electric shock. If the area you are welding in is wet or damp or you are perspiring heavily, you should wear rubber gloves under the welding gloves to decrease the chance of being shocked.

Metal should always be thoroughly cleaned with a wire brush before welding. When chipping slag or wire brushing the finished bead, be sure to protect your eyes and body from flying debris. Unused electrodes and electrode stubs should never be left on the floor. Always handle hot metal with metal tongs or pliers.

When cooling hot metal in water it should be done carefully to prevent being burned from the escaping steam. Any metal left to cool should be carefully marked “HOT” with a soapstone. When you have finished working for the day, electrodes should be removed from the holder. The holder should be placed where no one can accidentally come in contact with it and the welder should be disconnected from its power source.

Talking on the Phone While Driving Could Cost More Than You Realize

Americans can’t be parted from their cell phones, especially when they are driving.  A recent survey conducted by The National Highway Traffic Safety Administration indicated that approximately 10 percent of drivers on the road are talking on their cell phones when behind the wheel.  This is a 25 percent increase from 2004’s levels.  Sixty percent of those drivers are using handheld phones, up from 50% last year.  Clearly the cell phone has gone from emergency aid to chic accessory.

Even though talking on the cell phone while driving may be de rigueur for the fashion forward, many state governments do not feel the same way.  Although there is no federal law limiting cell phone use while driving, many states have passed their own legislation.  For example, some states have banned the use of handheld devices while driving, but allow the use of hands-free devices.  Other states have chosen to put restrictions on driver classifications, such as bus drivers or under 30 drivers, rather than create a general ban on cell phone use.

The frenzy surrounding cell phone use while driving stems from studies which indicate that drivers who talk on the phone are more likely to cause accidents.  One recent study conducted by the Insurance Institute for Highway Safety found that both handheld and hands-free phones increased the risk of a crash.  The test group included 456 participants who used a cell phone and were treated in emergency rooms for injuries suffered in crashes from April 2002 to July 2004.  By using phone records and interviews, the Institute calculated the increased risk of a crash by comparing phone use during the 10 minutes prior to a participant’s crash, along with their phone use during the previous week.

The increased risk stems from a situation that was dubbed “inattention blindness,” by researchers David Strayer, Frank Drews and William Johnston in a 2003 study conducted at the University of Utah.  They discovered that talking on cell phones while driving diverts the driver’s attention from their visual environment, making them unable to recognize objects encountered in their visual field.  One would think that using a hands-free phone would be less distracting, thus not increasing the risk of inattention blindness as much as using a hand-held phone.  But, the researches found that either phone type increases the risk of accident.  Why?  Well, current hands-free phones aren’t really hands-free.  Only cell phones that are fully voice activated may be less likely to increase the risk of inattention blindness.  However, further studies will need to be conducted to determine if that is true.

Meanwhile, when you are using your cell phone while operating your car, keep this in mind.  In October 2004, a Virginia jury ordered Jane Wagner, a former lawyer, who was accused of driving and talking on her cell phone when she struck and killed a teenager, to pay the victim’s family $2 million.  Wagner served one year in jail after pleading guilty to leaving the scene of an accident.  Upon conviction, she also forfeited her license to practice law.

Start a Safety Committee to Increase the Effectiveness of Your Safety Program

If employees don’t feel involved and represented in their company’s safety program, it is unlikely the program will be successful.  A workplace safety committee is a tool that, if created and conducted properly, can increase the effectiveness of a safety program by:

  • Providing structure and assigning responsibility for carrying out a workplace safety program;
  • Enhancing a cooperative attitude and bringing together strong interaction among various areas of an organization;
  • Serving as a communication vehicle for employees to voice safety concerns;
  • Serving as a tool for employers to promote safety to employees; and
  • Spreading the responsibility of the safety program among employees.

A safety committee will only be successful, however, if it is carefully created with structure and support.  As with any safety initiative, it is imperative that management be visibly and actively involved.  Members should serve on the committee and attend regular meetings.   Other committee members should be chosen for their enthusiasm, potential expertise and communication skills.  The committee should include representatives from all the various departments but not become so large that it becomes cumbersome and ineffective.

To ensure that the committee doesn’t become a place for employees just to voice complaints, the committee’s goals should be clear from the start.  Its primary role is always to promote and ensure the success of a company’s safety program.  

The specific responsibilities of the safety committee may include:

  • Develop strategic safety goals and annual action items;
  • Participate in development, monitoring and updating of safety program and possible safety incentives;
  • Hold monthly safety meetings;
  • Hold regular workplace safety inspections and help identify workplace hazards;
  • Participate in accident/incident investigations;
  • Ensure maintenance of injury and work hazard records;
  • Perform review of illness and injury records;
  • Organize regular safety training programs;
  • Consult with outside experts when necessary;
  • Address employee complaints and suggestions regarding safety issues;
  • Make safety recommendations to management; and
  • Communicate with employees and management about safety issues and goals.

Every group needs a leader and a safety committee is no exception.  A workplace safety coordinator should be assigned to head the group.  For many companies this will not be a separate position but rather an added role to an individual’s existing position.  The coordinator is responsible for leading the committee, scheduling and heading safety meetings, serving as a point-of-contact with outside agencies and retaining safety records and documents.  Safety meetings should be well documented and the records should be retained for at least a couple years.   Many safety committees prepare an annual report to overview the safety trends within the organization, advertise their results, and identify outstanding safety issues. 

For companies beginning a new safety committee, the following first meeting agenda is a good starting point:

  • Establish the role and purpose of the committee;
  • Discuss the commitment required from each member;
  • Develop an agenda for what the committee hopes to achieve, both long and short term;
  • Assign action items to the members of the committee; and

Take meeting notes and post the minutes as well as committee goals and action items.

The Psychology of Safety and The Gen Y Worker

Pop psychologists have been talking about the Generation Gap since the 1960s when the term first made its appearance in the vernacular.  As any Baby Boomer can tell you, the phrase developed because at no time in the history of this country were the differences between two generations as significant as they were then.

Well, what goes around comes around.  The generation that made history by rebelling against the establishment now finds themselves on the other side of the fence.  Their children, Generation Y, are now the ones pushing the envelope.  But instead of questioning social policy, Gen Y is redefining communication.  They were the first to grow up with the Internet, instant messaging and cellular phones, and reaching them means using a multi-media approach, whether it’s in the classroom or on the job site.

They are also the first generation to grow up in a society that puts emphasis on worker safety.  Gen Y was raised in the age of OSHA.  They have never experienced working in a pre-OSHA environment, and they take jobsite safety for granted.  And although they might assume safety is a given, it’s this assumption that makes them more receptive to being trained to work safely than their older colleagues.

If you want Gen Y to buy into your safety training, it needs to deal with the immediate – not the long term.  Remember, this is the generation that instantly communicates; they are not about the future, but are all about now.  If safety training doesn’t show them how it affects them in the present, it won’t have any impact.

This is also a generation intensely concerned with the way they look.  The ripped jeans and ragged tee shirts of their parents have been replaced with chic designer labels.  When it comes to Personal Protective Equipment, Gen Y tends to regard style as much, if not more than, the equipment’s safety features.  In a competition between looking cool in the short-term versus protecting themselves from long-term physical harm, looking cool will win every time.  Manufacturers of Personal Protective Equipment are responding with gear that is as much an accessory to work clothes, as it is protective.  Equipment is being designed in bright colors with popular patterns. The emphasis is on making Gen Y workers compliant with requirements for wearing protective gear because it accommodates their sense of style.

OSHA, too, recognizes the need to appeal to this new generation of worker in a fresh way.  Recognizing that the youngest members of the work force face a higher risk of occupational injury because of their limited job knowledge, training and skills, the agency provides employers with brochures, posters and other educational materials that appeal directly to Gen Y.

OSHA has also developed a Web page, www.osha.gov/SLTC/teenworkers, designed to provide safety information to young workers, employers, parents and educators.  In addition, they convened the Federal Network for Young Worker Safety and Health, a group of 12 federal agencies whose goal is to keep Gen Y workers safe and healthy on the job.  Agencies participating in this network include NIOSH, EPA and the Department of Education.