4 best practices for implementing a gamification-based compliance training system

Are you considering implementing compliance-based training at your organization? With just a third of workers in America reporting that they feel engaged at work, implementing a gamification-based compliance training system can help boost engagement. Continue reading to learn more.


For most employees, compliance training is the Brussels sprouts on the kid’s plate of working life. Everyone knows it’s good for you — one mistake could lead to violations, accidents, reputation issues and maybe a not-so-friendly visit from regulatory body officials — but most workers turn up their noses and disengage when it’s time to dig in.

Considering that merely a third of American workers report feeling engaged at work as it stands, anything that makes matters worse is dangerous. Why risk inflaming indifference — not to mention spending money for on-site instructors — with dull-as-dry-toast workshops?

A far better bet is to embrace technology and go virtual. Of course, online-based compliance training won’t guarantee heightened participation or enthusiasm unless they have one specific aspect: gamification.

Gaming elements can turn any virtual compliance training learning management system (LMS) into an immersive experience. ELearning compliance training participants can enjoy customization and flexibility while getting up to speed on the latest rules, guidelines and protocols. With LMS gamification, HR managers and chief learning officers can cultivate and retain top talent. Best of all, it’s far easier to get buy-in for a robust LMS system with badges, bells and whistles than it is to make a pile of Brussels sprouts disappear from a toddler’s tray.

What exactly is so exciting about game-based learning? In essence, the process prompts active and immediate participation because of extra motivation in the form of rewards. Whether it’s badges or points, these features make eLearning interesting and enjoyable.

In one study, workers who enjoyed themselves retained concepts 40% better than those who weren’t having fun. As you might guess, this is what game-based learning is all about. Engaged employees who rapidly earn rewards are less likely to make errors, so they naturally increase a company’s bottom line and lower the likelihood of compliance fees and penalties. Plus, according to research from TalentLMS, 87% of employees report that gamification makes them more productive.

Merging gamification with training makes plenty of sense. It’s also easy to build a gamification-based compliance training LMS by following a straightforward LMS implementation checklist.

1. Identify your training goals and gaps. Before you can find the best LMS for your needs and move forward with an implementation project plan, you need to spot the inefficiencies of your existing compliance training program. For example, your strategy might not facilitate real-world applications. Knowing this, you would want a compliance training LMS that bridges gaps and imparts practical experience.

2. Discover what motivates and drives employees. Employee gamification only works when employees are properly incentivized, so find out what motivates your team based on their backgrounds and experience levels. Whether a task is challenging or boring, people respond better when they are internally driven to succeed.

Do you need an intuitive LMS with a personalized dashboard? Are the introverts on your team more driven by badges and points than by a sense of competition? Conduct surveys to gauge expectations, and try to follow a 70:20:10 model of training amplified by gaming to foster experimentation and collaboration.

3. Choose the right rewards for desired outcomes. With the plethora of LMS choices on the market, you can select from rewards and mechanics that lead to the exact behaviors and criteria you desire. Want employees to achieve safety online training certifications? Reward “graduates” with points after they have displayed their proficiency. Reinforce favorable behaviors without punishing workers who lag behind. Carrots are far more effective than sticks.

4. Invest in a feature-rich, gamification-supported LMS. Your LMS should not only be user-friendly, but it should also be a portal to game-based learning support and an online asset library. Ideally, your gamified learning platform should include themes and templates that allow you to design visually appealing rewards without reinventing the wheel. Just make sure you have game-based reporting on your side, which makes it simple to track employee performance, completion rates, and other LMS metrics.

Implementing a gamification-based compliance training strategy requires careful budgeting, planning, and analysis. Once you find an LMS platform that delivers the features you need within your price range, you’ll be on your way to mitigating risks and retaining superstar employees. And thanks to gamification, everyone can have a little fun along the way.

SOURCE: Pappas, C. (10 October 2018) "4 best practices for implementing a gamification-based compliance training system" (Web Blog Post). Retrieved from https://www.benefitnews.com/opinion/4-best-practices-for-implementing-a-gamification-based-compliance-training-system?brief=00000152-14a5-d1cc-a5fa-7cff48fe0001


6 Books on the Future of Work That Every HR Professional Should Read

What are you doing to prepare strategically for the future of work? Organizations have seen tremendous changes in the global economy and technological innovation in the past 50 years. Read on for six books on the future of work that every HR professional should read.


As HR professionals and organizational leaders, it seems we are increasingly bombarded with messages about disruptive innovations and the changing nature of work. While calls to prepare strategically for the "future of work" might sometimes seem over-the-top, it doesn't change the fact that we've seen tremendous shifts in the global economy (including the labor economy) and technological innovation over the past 50 years that have had significant implications for the nature of work.

So what do the next 50 years have in store for organizations and workers? How will disruptive technologies like robotics, artificial intelligence/machine learning, pharmacogenetics, quantum entanglement, virtual presence/augmented reality, 3-D printing, and blockchain (among many others) influence future labor markets?

Here are six books I believe every HR professional and organizational leader should read to better understand these trends and the drivers influencing the shifting trajectories in the future of work.

1.  The Future of the Professions: How Technology Will Transform the Work of Human Experts(Oxford University Press, 2017) by Richard Susskind and Daniel Susskind

The Future of the Professions closely examines the intersection of rapidly advancing innovative technologies and the shifting nature and transformation of work and the professions, providing theoretically grounding and ample examples of emerging technologies, organizations and work arrangements. It is intended for organizational leaders and policy practitioners of all stripes who are interested in the effects of disruptive technologies on the future of work.

2. The Future of Work: Robots, AI, and Automation (Brookings Institution Press, 2018) by Darrell M. West

In The Future of Work, West sees the U.S. and the world at a "major inflection point" where we have to grapple with the likely impact of an increasingly automated and technologically advanced society on work, education and public policy. The insights provided will be useful to those who manage others and to those who are managed in the workplace of the future.

3. Rise of the Robots: Technology and the Threat of a Jobless Future (Basic Books, 2016) by Martin Ford

Rise of the Robots is a somewhat unsettling vision of a future world dominated by artificial intelligence, machine learning and highly automated industries, where most members of the current workforce find themselves replaced by technology and machines; in other words, a jobless future. Based on recent economic and innovation trends, Ford argues that the rapid technological advancement will ultimately result in a fundamental restructuring of corporations, governments and even entire societies as middle-class jobs gradually disappear, economic mobility evaporates and wealth is increasingly concentrated among the elite super-rich.

4. Gigged: The End of the Job and the Future of Work (St. Martin's Press, 2018) by Sarah Kessler

Gigged examines the shifting psychological contract between organizations and workers, discusses trends in the organization of work, and documents the movement in recent decades away from traditional employment models and toward part-time work and contingent employment arrangements such as independent contracting and project-based "gig" work. While such work has always been a part of informal economies around the world, the trend is increasingly common in traditional organizations as well, bolstered by the success of companies like Uber and Airbnb.

5. The Future of Work: Attract New Talent, Build Better Leaders, and Create a Competitive Organization (Wiley, 2014) by Jacob Morgan

In The Future of Work, Morgan continues the argument that the world is changing at an accelerated pace. He demonstrates that the way we work today is fundamentally different from how previous generations worked (due to globalization, technological innovation and shifts in the composition of national economies) and suggests that the future of work will be drastically different from what we experience today (a shift from knowledge workers to learning workers), where employees can work anytime and anywhere and can use any devices.

6. Shaping the Future of Work: A Handbook for Action and a New Social Contract (MITxPress, 2017) by Thomas A. Kochan

Probably the most academic book on this list, Shaping the Future of Work acknowledges an increasingly digitized economy and examines the resulting shift in social contract with regard to work and the professions. Kochan provides a road map for what leaders across contexts need to do to create high-quality jobs and develop strong and successful businesses.

What Does All This Mean?

In the next 50 years, we will likely see:

  • A continually shifting geopolitical landscape.

  • Continued movement from linear organizations to a more latticed/connected framework.

  • The displacement of jobs and the hunt for talent in a more automated economy.

  • An increasingly mobile and flexible labor force, and a push toward a reskilling agenda within organizations to continually leverage human capital value.

  • Technological advancements that continue to disrupt traditional organizational models and shift the very nature of work and professions.

So what does this all mean for HR professionals and organizational leaders? What are the core competencies of organizations that are prepared for these technological disruptions? How does the shifting nature of work influence needed HR competencies?

Regardless of what the future holds, these are questions we need to be asking and discussions we need to be having so that we are prepared for the future of work.

SOURCE: Westover, J. (5 September 2018) "6 Books on the Future of Work That Every HR Professional Should Read" (Web Blog Post). Retrieved from https://www.shrm.org/hr-today/news/hr-magazine/book-blog/pages/6-books-on-the-future-of-work-that-every-hr-professional-should-read.aspx/


Target on Safety: Driver Fatigue

Fatigue is the result of physical or mental exertion that impairs performance. Driver fatigue may be due to a lack of adequate sleep, extended work hours, strenuous work or non-work activities, or a combination of other factors. The Large Truck Crash Causation Study (LTCCS) reported that 13 percent of Commercial Motor Vehicle (CMV) drivers were considered to have been fatigued at the time of their crash.

Below are some tips that will help you stay healthy and feel well rested during your time on the road.

Tip #1: Get Enough Sleep

Be sure to get an adequate amount of sleep each night. If possible, do not drive while your body is naturally drowsy, between the hours of 12 a.m. to 6 a.m. and 2 p.m. to 4 p.m. Driver drowsiness may impair a driver’s response time to potential hazards, increasing the chances of being in a crash. If you do become drowsy while driving, choose a safe place to pull over and rest.

The circadian rhythm refers to the wake/sleep cycle that our body goes through each day and night. The cycle involves our internal clock and controls the daily pattern of alertness in a human body. With inadequate sleep, the drowsiness experienced during natural “lulls” can be even stronger and may have a greater adverse effect on a driver’s performance and alertness.

A study by the Federal Motor Carrier Safety Administration (FMCSA) found that driver alertness was related to “time-of-day” more so than “time-on-task.” Most people are less alert at night, especially after midnight. This drowsiness may be enhanced if you have been on the road for an extended period of time.

A recent study conducted to determine the risk of having a safety-critical event as a function of driving-hour suggests that incidents are highest during the first hour of driving. The authors hypothesize that drivers may be affected by sleep inertia shortly after waking from sleep. This may be especially true for drivers who sleep in the sleeper berth. Sleep inertia refers to impairment in a variety of performance tasks, including short-term memory, vigilance, cognitive functioning, reaction time and ability to resist sleep.

Tip #2: Maintain a Healthy Diet

Skipping meals or eating at irregular times may lead to fatigue and/or food cravings. Also, going to bed with an empty stomach or immediately after a heavy meal can interfere with sleep. A light snack before bed may help you achieve more restful sleep. Remember that if you are not well-rested, induced fatigue may cause slow reaction time, reduced attention, memory lapses, lack of awareness, mood changes, and reduced judgment ability.

A recent study conducted on the sleeping and driving habits of CMV drivers concluded that an unhealthy lifestyle, long working hours, and sleeping problems were the main causes of drivers falling asleep while driving.

Tip #3: Take a Nap

If possible, you should take a nap when feeling drowsy or less alert. Naps should last a minimum of 10 minutes, but ideally a nap should last up to 45 minutes. Allow at least 15 minutes after waking to fully recover before starting to drive.

Short naps are more effective at restoring energy levels than coffee. Naps aimed at preventing drowsiness are generally more effective in maintaining a driver’s performance than naps taken when a person is already drowsy.

Tip #4: Avoid Medication That May Induce Drowsiness

Avoid medications that may make you drowsy if you plan to get behind the wheel. Most drowsiness-inducing medications include a warning label indicating that you should not operate vehicles or machinery during use. Some of the most common medicines that may make you drowsy are: tranquilizers, sleeping pills, allergy medicines and cold medicines.

In a recent study, 17 percent of CMV drivers were reported as having “over-the-counter drug use” at the time of a crash. Cold pills are one of the most common medicines that may make you drowsy. If you must drive with a cold, it is safer to suffer from the cold than drive under the effects of the medicine.

Tip #5: Recognize the Signals and Dangers of Drowsiness

Pay attention. Indicators of drowsiness include frequent yawning, heavy eyes and blurred vision.

Research has indicated that being awake for 18 hours is comparable to having a blood alcohol concentration (BAC) of 0.08 percent, which is legally intoxicated and leaves you at equal risk for a crash. A 2005 study suggests that three out of every four CMV drivers report having experienced at least one type of driving error as a result of drowsiness.

Tip #6: Do Not Rely on “Alertness Tricks” to Keep You Awake

Behaviors such as smoking, turning up the radio, drinking coffee, opening the window and other “alertness tricks” are not real cures for drowsiness and may give you a false sense of security.

Excessive intake of caffeine can cause insomnia, headaches, irritability and nervousness.  It takes several minutes for caffeine to get into your system and deliver the energy boost you need, so if you are already tired when you first drink a caffeinated drink, it may not take effect as quickly as you might expect. In addition, if you are a regular caffeine user, the effect may be much smaller. Rolling the window down or turning the radio up may help you feel more alert for an instant, but these are not effective ways to maintain an acceptable level of alertness.

Source: DOT/FMCSA CMV Driving Tips: Driver Fatigue


What's in a Password?

What's in a Password?

Most websites and services encrypt passwords before storing them on their servers. As a result, even if hackers were to gain access to the password, they wouldn’t have access to the actual text that makes up your password.

Once criminals gain access to an encrypted password, they can use sophisticated programs to quickly guess every combination of letters, numbers and symbols until your password is cracked. As a result, longer passwords and those that contain a large variety of characters will be very difficult for programs to guess.

However, just because effective passwords should be complex, doesn’t mean that they should be difficult to remember.

The next time you need to think of a unique password, try using a favorite song lyric or quote. This will make a password that’s long and difficult for hackers to crack, and has the added benefit of being very memorable.

Turning a simple phrase like “your guess is as good as mine” into “yourguessisasgoodasmine” actually makes for a strong, and in this case ironic, password! However, be sure to add a capital letter or special character as well to make your password that much stronger.

A Balancing Act Between Memorable and Complex

Thinking of a new password can be frustrating—every service and website seems to have different requirements about length, complexity and special characters. In order to secure yourself against hackers, it’s important to think of a password that’s both memorable and complex.

Helpful Hints

Your password will only remain secure if you take steps to protect it. Be sure to never write your password down and leave it where someone can see it. Instead, consider using a password management tool. These online services will store all of your login IDs and passwords for you, but you should do some research and make sure that the service you use is reputable.

Provided by: Hierl's Property & Casualty Experts

Download the PDF.

What are the 25 most commonly stolen passwords?

Download the PDF.

Safety Focused Newsletter - October 2018

Avoid Getting Sick at Work

It can be difficult to avoid getting sick at work, particularly if you work in close quarters. While you may not be able to avoid germs altogether, the following tips can help reduce your risk of getting sick:

  • Wash your hands. Germs can cling to many surfaces in the workplace, including elevator buttons, doorknobs and refrigerator doors. To protect yourself from illness, it’s important to wash your hands regularly, especially before you eat or after you cough, sneeze or use the restroom.
  • Keep your distance. Illnesses like the cold or flu can spread even if you aren’t in close contact with someone. In fact, experts say that the flu can spread to another person as far away as 6 feet. If you notice a co-worker is sick, it’s best to keep your distance.
  • Get a flu shot. Yearly flu shots are the single best way to prevent getting sick. Contrary to popular belief, flu vaccines cannot cause the flu, though side effects may occur. Often, these side effects are minor and may include congestion, coughs, headaches, abdominal pain and wheezing.

In addition to the above, it may be a good idea to avoid sharing phones, computers and food with your co-workers during flu season. Together, these strategies should help you stay healthy at work.

Parking Lot Safety Tips

Parking lots are common hazards for drivers and vehicles alike. Slips, falls, auto accidents, theft, harassment and assaults are just some of the risks individuals face while using parking lots.

Even the parking lots and garages at your place of employment can be dangerous. Thankfully, there are simple and effective precautions drivers can take to protect themselves and their vehicles:

  • Park in a well-lit area, preferably one with surveillance cameras and security patrol services.
  • Avoid parking near shrubbery or other areas that could conceal attackers.

  • Park as close to an exit as possible when using garages.
  • Lock your doors when leaving your vehicle.
  • Remain vigilant, and notify security or the authorities if you notice any suspicious behavior.
  • Lock all of your valuable items in your trunk and out of sight. Avoid leaving purses or wallets in your vehicle.
  • Walk confidently when leaving or returning to your vehicle. If you notice a potential threat, proceed to a safe place, like a public building or store.
  • Use the buddy system, and walk to your car with a co-worker.
  • Have your car keys ready when you near your vehicle.

Staying safe can be easy as long as you’re cautious and mindful of your surroundings.

Avoid Slips and Falls in Parking Lots:

Watch Out for Uneven Surfaces, Curbs and Potholes.

Beware of Ice During Colder Months.

Stay in Well-Lit Areas.

Walk, Don't Run.

Illnesses like colds or the flu can spread even if you aren’t in close contact with someone.

Download the Newsletter

A monthly safety newsletter from


2017 OSHA's Most Frequently Cited Standards

Manufacturing (NAICS 31)

The Occupational Safety and Health Administration (OSHA) keeps records not only of the most frequently cited standards overall, but also within particular industries. The most recent statistics from OSHA reveal the top standards cited in the fiscal year 2017 for the manufacturing industry. This top 10 list comprises establishments engaged in the mechanical, physical or chemical transformation of materials, substances or components into new products.

Description of Violation Cited Standard Number ACV*
1.    Control of Hazardous Energy (Lockout/Tagout) – Following minimum performance requirements for controlling energy from the unexpected start-up of machines or equipment. 29 CFR 1910.147 $6,195
2.    General Requirements for All MachinesProviding proper machine guarding to protect the operator and other employees from hazards. 29 CFR 1910.212 $8,396
3.    Process Safety Management of Highly Hazardous Chemicals – Preventing or minimizing the consequences of catastrophic releases of toxic, reactive, flammable or explosive chemicals that may result in toxic, fire or explosion hazards. 29 CFR 1910.119

 

$7,395
4.    Hazard CommunicationProperly transmitting information on chemical hazards through a comprehensive program, container labeling, SDS and training. 29 CFR 1910.1200 $1,472
5.    Mechanical Power-transmission Apparatus – Following the general requirements on the use of power-transmission belts and the maintenance of the equipment. 29 CFR 1910.219 $2,926
6.    Powered Industrial TrucksEnsuring safety of employees on powered industrial trucks through fire protection, design, maintenance and proper use. 29 CFR 1910.178 $2,645
7.    Wiring Methods, Components and Equipment for General UseUsing proper wiring techniques and equipment to ensure safe electrical continuity. 29 CFR 1910.305 $1,812
8.    Respiratory Protection – Properly administering a respiratory protection program, selecting correct respirators, completing medical evaluations to determine which employees are required to use respirators and providing tight-fitting equipment. 29 CFR 1910.134

 

$717
9.    General Electrical Requirements – Ensuring electric equipment is free from recognized hazards likely to cause death or serious physical harm to employees. 29 CFR 1910.303 $2,761
10. Grain Handling Facilities – Taking proper measures to prevent grain dust fires and explosions by having safety programs in place for quick response and control. 29 CFR 1910.272 $32,603

*ACV (Average Cost per Violation) – The dollar amount represents the average cost per violation that employers in this industry paid in 2017. To understand the full capacity and scope of each standard, click on the standard number to visit www.osha.gov and view the language in its entirety. Source: OSHA.gov  


Compliance Overview - OSHA Inspections

OSHA Inspections

The Occupational Safety and Health Act (OSH Act) requires employers to provide a safe work environment for their workers. The Occupational Safety and Health Administration (OSHA) is responsible for creating workplace safety standards and enforcing compliance with the OSH Act.

OSHA enforces compliance with the OSH Act by conducting inspections, gathering evidence and imposing penalties on noncompliant employers. OSHA penalties are civil penalties that may result in fines. However, OSHA may refer certain violations to the U.S. Department of Justice for criminal prosecution. Actual penalties imposed on an employer take into consideration the gravity of the violation, the size of the employer’s business, good faith efforts the employer makes to comply with the law and the employer’s compliance history.

This Compliance Overview provides a summary of the OSHA inspection process as well as some tips and reminders that employers should be aware of during an actual inspection.

LINKS AND RESOURCES

  • OSHA enforcement programs website
  • OSHA on-site consultations webpage
  • OSHA recommended practices for safety and health programs webpage

COMPLIANCE OFFICERS

  • Conduct inspections
  • Assign specialists to accompany and assist during an inspection
  • Issue citations for noncompliance
  • Can obtain inspection warrants

TIPS FOR EMPLOYERS

  • Check inspector credentials.
  • Notify management when inspector arrives.
  • Determine the purpose and scope of the inspection.
  • Be prepared to prove compliance.
  • Get a copy of the complaint, if possible.
  • Set ground rules for inspection.
  • Cooperate and be responsive.
  • Take note of what the inspector documents.

EMPLOYERS SUBJECT TO OSHA

Most private sector employers in the United States, the District of Columbia and other U.S. jurisdictions are subject to the OSH Act, either directly or through an OSHA-approved state program. State plans are OSHA-approved job safety and health programs operated by individual states instead of federal OSHA. The OSH Act encourages states to develop and operate their own job safety and health programs. State-run safety and health programs must be at least as effective as the Federal OSHA program.

In general, state and local government employees (public employees) are not subject to the OSH Act. However, public employees may be covered through an approved state program.

OSHA INSPECTIONS

OSHA inspections are conducted by OSHA’s compliance safety and health officers. Compliance officers have authority to:

  • Conduct inspections;
  • Assign specialists to accompany and assist them during an inspection (as appropriate or required);
  • Issue citations for noncompliance;
  • Obtain court-issued inspection warrants; and
  • Issue administrative subpoenas to acquire evidence related to an OSHA inspection or investigation.

Whenever possible, OSHA will assign compliance officers with appropriate security clearances to inspect facilities where materials or processes are classified by the federal government.

Compliance officers are required to obey all employer safety and health rules and practices for the establishment that is being inspected. This includes wearing all required protective equipment and necessary respirators. Compliance officers must also follow restricted access rules until all required precautions have been taken.

Employers can request compliance officers to obtain visitor passes and sign visitor registers. However, compliance officers cannot sign any form or release, nor can they agree to any waiver. This prohibition extends to forms intended to protect trade secret information.

OSHA inspections can last for a few hours or take several days, weeks or even months. All inspections can be divided into three stages, an opening conference, a walk-around and a closing conference.

Inspection Scheduling

OSHA inspections can be either programmed or unprogrammed. Unprogrammed inspections generally take precedence over programmed ones.

Unprogrammed inspections are usually triggered by particular reports. OSHA gives priority to unprogrammed inspections in the following order: imminent dangers, fatalities or catastrophes, and employee complaints and referrals. OSHA may also conduct an unprogrammed follow-up investigation to determine whether previously cited violations have been corrected.

Programmed inspections are scheduled based on neutral and objective criteria. Programmed inspections typically target high-hazard industries, occupations or health substances. OSHA considers various factors when scheduling programmed inspections, including employer incident rates, citation history and employee exposure to toxic substances.

Inspection Notice

The OSH Act prohibits providing employers advance notice of an inspection. Individuals that provide advance notice of an OSHA inspection face criminal charges that may result in a fine of up to $1,000, imprisonment for up to 6 months or both.

However, the OSHA Act also allows OSHA to authorize exceptions to the no-notice requirement in situations where advance notice would:

  • Allow an employer to correct an apparent imminent danger as quickly as possible;
  • Facilitate an inspection outside of a site’s regular hours of operation;
  • Ensure the presence of employer and employee representatives or other appropriate personnel during the inspection; or
  • Enhance the probability of an effective and thorough inspection (such as in investigations for complex fatalities).

When an exception is approved, OSHA will not provide more than a 24-hour notice to affected employers.

Inspection Scope

The scope of an OSHA inspection can be comprehensive or partial. A comprehensive inspection is a complete and thorough inspection of the worksite. During a comprehensive inspection, the compliance officer will evaluate all potentially hazardous areas in the establishment. However, an inspection may be considered comprehensive even though, at the compliance officer’s discretion, not all potentially hazardous conditions or practices are actually inspected.

A partial inspection is usually limited to certain potential hazardous areas, operations, conditions or practices at the employer’s establishment. However, at his or her discretion, a compliance officer may expand the scope of a limited inspection. The compliance officer will generally make this decision based on the information he or she gathers during the inspection.

COMPLIANCE OFFICER ARRIVAL

OSHA inspections begin with the compliance officer’s arrival. In general, a compliance officer will arrive for a worksite inspection during the site’s hours of operation. However, OSHA may authorize additional times for an inspection as necessary.

Upon arrival, a compliance officer should present his or her credentials. If necessary, employers can contact their local OSHA office to confirm a compliance officer’s authority to conduct the inspection.

A compliance officer has the right to enter an employer’s premises if he or she has obtained consent from the employer or a warrant ordering the employer to admit the inspector. In either case, employers cannot unreasonably delay an inspection to await for the arrival of the employer representative (inspectors may wait up to one hour to allow an employer representative to arrive from an off-site location).

Tips and Reminders

  • Check inspector credentials.
  • Instruct staff on how to receive inspector.
  • Inform senior management or legal counsel as appropriate.
  • Determine whether you will demand a warrant.

Consent

Employers can consent to admit a compliance officer and perform a worksite inspection. Employers may also provide partial consent, and allow a compliance officer access only to certain areas of their facilities. Compliance officers will make note of any refusals or partial consent and will report it to OSHA. OSHA may take further action against any refusals, including any legal process it may see fit to obtain access to restricted areas.

In sites where multiple employers are present, the compliance officer does not need to obtain consent from all employers present. Consent from just one employer is sufficient to allow the inspector to access the entire worksite.

Warrant

Compliance officers are not required to ask for an employer’s consent when they have a court-issued warrant. The warrant allows the compliance officer access to the employer’s facilities to conduct an inspection.

Employers that do not provide consent have the right to require compliance officers to obtain a warrant before allowing them access to the premises. As a general practice, few employers actually require warrants, though some employers have done so to delay the start of an inspection.

There are, however, some exceptions to the employer’s right to require a warrant. A compliance officer does not need to obtain employer consent or a warrant to access the premises if he or she can establish:

  • The existence of a plain view hazard;
  • That the worksite is an open field or construction site; or
  • The existence of exigent circumstances.

OPENING CONFERENCE

In general, compliance officers will try to make the opening conference brief in order to proceed to the walkaround portion of the inspection as soon as possible. In general, the opening conference is a joint conference,

where both employer and employee representatives participate. However, the compliance officer may hold

separate opening conferences if either employer or employee representatives object to a joint conference.

During the opening conference, compliance officers will discuss with employers:

  • The purpose of the inspection;
  • Any complaints filed against the employer, if applicable;
  • The officers’ right to document evidence (handwritten notes, photos, video and audio recordings);
  • The advantages of immediate abatement and quick fixes;
  • The intended scope of the inspection;
  • A plan for the physical inspection of the worksite;
  • The audit of employee injury and illness records;
  • Referring violations not enforced by OSHA to appropriate agencies;
  • Employer and employee rights during the inspection; and
  • Any plans for conducting a closing conference.

Tips and Reminders

  • Determine the purpose and scope of the inspection.
  • Be prepared to prove compliance.
  • Get a copy of the complaint, if possible.
  • Set ground rules for inspection.
  • Cooperate and be responsive, but DO NOT volunteer information.

As applicable, during the opening conference, employers will also need to present their written certification of hazard assessment and produce a list of on-site chemicals (with their respective maximum intended inventory).

Compliance officers will use these documents to determine the hazards that may be present at the worksite and set initial benchmarks and expectations for the physical inspection of the establishment.

Finally, at their discretion, compliance officers can conduct abbreviated conferences in order to begin the walkaround portion of the inspection as soon as possible. During an abbreviated conference, a compliance officer will present his or her credentials, state the purpose for the visit, explain employee and employer rights, and request the participation of employee and employer representatives. All other elements of the opening conference will then be discussed during the closing conference.

WALK-AROUND

The walk-around is the most important stage of the inspection. Employer and employee representatives have the right to accompany compliance officers during the walk-around stage of the inspection. However, workers at an establishment without a union cannot appoint a union representative to act on their behalf during an OSHA inspection walkaround (see OSHA memo from 2017).

During the walk-around, compliance officers will take notes and document all facts pertinent to violations of the OSH Act. In general, compliance officers will also offer limited assistance (as appropriate) on how to reduce or eliminate workplace hazards.

The OSH Act requires compliance officers to maintain the confidentiality of employer trade secrets. Compliance officers should only document evidence involving trade secrets if necessary. Compliance officers must mark trade secret evidence as, “Confidential – Trade Secret,” and keep it separate from other evidence. Compliance officers that violate these requirements are subject to criminal sanctions and removal from office.

Tips and Reminders

  • Inspections may last several days. Plan accordingly.
  • Require inspectors to comply with establishment safety rules.
  • Take note of what the inspector documents.
  • DO NOT stage events or accidents.
  • DO NOT destroy or tamper with evidence.

CLOSING CONFERENCE

As with the opening conference, unless an objection exists, the closing conference is generally a joint conference. However, the closing conference may be conducted in person or over the phone. The inspection and citation process will move forward regardless of whether employers decide to participate in the closing conference.

The compliance officer will document all materials he or she provides to the employer during the closing conference as well as any discussions that took place. Discussion topics for the closing conference may include:

  • Employer rights and responsibilities
  • The strengths and weaknesses of the employer’s safety and health system
  • The existence of any apparent violations and other issues found during the inspection
  • Any plans for subsequent conferences, meetings and discussions

The closing conference is not the time for employers to debate or argue possible citations with the compliance officer. Employers should take sufficient time during the closing conference to understand the inspector’s findings and any possible consequences. Employers should also discuss any abatements completed during the inspection or any plans to correct issues in the near future.

During this conference, employers should also request copies of recorded materials and sample analysis summaries. Finally, employers should take time to discuss their right (and the process they must follow) to appeal any possible citations.


OSHA Cornerstones - Second Quarter 2018

In this Issue

OSHA Delays Beryllium Rule Enforcement

The agency also clarified requirements for the construction and shipyard industries.

Majority of Establishments Failed to Submit 2016 Electronic Reporting Data

A delayed compliance date and confusion about exemptions caused many establishments to fail to report 2017 data electronically.

OSHA Releases Two New Fact Sheets on Electricity Safety

These new resources can help protect employees who frequently work around electricity and downed power lines.

OSHA Delays Beryllium Rule and Clarifies Requirements for Construction and Shipyards

Although OSHA’s final rule on beryllium exposure in the general, construction and shipyard industries became effective on May 20, 2017, the agency recently announced that it will delay enforcement until May 11, 2018. OSHA also announced that some of the rule’s requirements will vary between the three affected industries.

Beryllium is a toxic metal that’s commonly found in machine parts, electronics and aircraft. The metal is a known carcinogen and can also cause respiratory problems, skin disease and many other adverse health effects. For these reasons, OSHA has lowered the exposure limits for employers in the general, construction and shipyard industries:

  • The permissible exposure limit (PEL) of an eight-hour average has been lowered to 0.2 micrograms per cubic meter of air (μg/m3). The previous PEL was 2.0 μg/m3, a limit that OSHA found to pose a significant health hazard to employees.
  • The short-term exposure limit (STEL) over a 15-minute period has been lowered to 2.0 μg/m3.

Although the new beryllium rule contains additional requirements, OSHA will only require the construction and shipyard industries to follow the new PEL and STEL. The agency stated that employees in these industries don’t frequently work near dangerous amounts of beryllium and are protected by the safety requirements found in other OSHA standards.

General industry employers must follow these additional beryllium control methods:

  • Provide exposure assessment to employees who are reasonably expected to be exposed to beryllium.
  • Establish, maintain and distinguish work areas that may contain dangerous amounts of beryllium.
  • Create and regularly update a written beryllium exposure plan.
  • Provide adequate respiratory protection and other personal protective equipment to employees who work near beryllium.
  • Train employees on beryllium hazards and control methods.
  • Maintain work areas that contain beryllium and—under certain conditions— establish facilities for employees to wash and change out of contaminated clothing or equipment.

For more information on the new rule, call us at 920-921-5921 and ask to see our Compliance Bulletin on beryllium exposure.

Majority of Establishments Failed to Submit 2016 Electronic Reporting Data

According to a new report from Bloomberg Environment, a majority of the establishments that were required to submit 2016 injury and illness data under OSHA’s electronic reporting rule failed to do so. OSHA expected to receive about 350,000 reports, but the agency only received just over 150,000.

The final date to submit 2016 injury and illness reports was Dec. 31, 2017, but this date was delayed a number of times as OSHA worked to build its Injury Tracking Application and improve its cyber security. Bloomberg also attributes the large number of missing reports to confusion about exemptions, as OSHA received over 60,000 reports from exempt establishments.

Under the rule, the following establishments must submit data electronically:

  • Establishments with 250 or more employees that are required to keep injury and illness records must submit OSHA Forms 300, 300A and 301.
  • Establishments with 20 to 249 employees that work in industries with historically high rates of occupational injuries and illnesses must submit OSHA Form 300A.

The final date to submit 2017 injury and illness data electronically is July 1, 2018. Beginning in 2019, data from the previous calendar year must be submitted by March 2 annually.

OSHA Releases Two New Fact Sheets on Electricity Safety

OSHA has released two electricity fact sheets in order to protect employees who frequently work with electricity and power lines. According to the Electrical Safety Foundation International, electricity causes over 150 fatalities and 1,500 injuries in U.S. workplaces every year.

Here are some of the topics included in the first new fact sheet, which can provide tips for engineers, electricians and other employees who work with electricity:

  • Generators
  • Power lines
  • Extension cords
  • Equipment
  • Electrical incidents

The second fact sheet focuses on downed electrical wires and can help employees involved in recovery efforts following disasters and severe weather events.

Protecting employees from electrical hazards not only keeps your business productive, it can also save you from costly OSHA citations. The agency’s electrical wiring method standard is one of the top 10 most frequently cited standards nearly every year.

For resources that can help safeguard your business against electrical hazards, contact us today.


Covered Establishments in All States Must Now Submit OSHA Electronic Reports

HIGHLIGHTS

·      The electronic reporting rule now applies to all affected establishments, including establishments in states with OSHA-approved plans.

·      It does not matter whether the state has ratified the electronic reporting requirements.

·      The OSHA ITA is currently available and accepting reports on OSHA 300A forms with 2017 data.

IMPORTANT DATES

December 31, 2017

Due date for first OSHA electronic reports through ITA (submit 2016 data)

July 1, 2018

Due date for second OSHA electronic reports through ITA (submit 2017 data)

OVERVIEW

On April 30, 2018, the Occupational Safety and Health Administration (OSHA) announced it will require all establishments affected by the electronic reporting rule to submit their 2017 data to OSHA by July 1, 2018.

This announcement clarifies the requirement for establishments in states with an OSHA-approved plan. These establishments must submit electronic reports, regardless of whether the state has ratified or incorporated the electronic reporting rule into its OSHA state plan.

ACTION STEPS

Establishments in all states, including those with an OSHA-approved state plan, should prepare to submit electronic reports by July 1, 2018. Affected establishments can accomplish this by:

  • Becoming familiar with the requirements in the electronic reporting rule; and
  • Transitioning their OSHA records to an electronic format approved by the Injury Tracking Application (ITA)

OSHA Electronic Reporting

OSHA’s electronic reporting rule was issued in 2016. The rule requires establishments to report data from their injury and illness records to OSHA electronically if they:

  • Are already required to create and maintain OSHA injury and illness records and have 250 or more employees;
  • Have between 20 and 249 employees and belong to a high-risk industry; or
  • Receive a specific request from OSHA to create, maintain and submit electronic records, even if they would otherwise be exempt from OSHA recordkeeping requirements.

The electronic reporting rule applies to establishments, not employers. An employer may have several worksites or establishments. In these situations, some establishments may be affected while others are not.

To determine whether an establishment is affected, employers must determine each establishment’s peak employment during the calendar year. During this determination, employers must count every individual that worked at that establishment, regardless of whether he or she worked full-time, part-time, or was a temporary or seasonal worker.

OSHA-approved State Plans

The final rule required OSHA-approved state plans to adopt the electronic rule or “substantially identical” requirements within six months of the final rule’s publication date.

This means that OSHA-approved state plans have the authority to adopt reporting requirements that go above and beyond what is required by the federal rule. For this reason, establishments located in OSHA-approved state plan jurisdictions should consult with their local OSHA offices to make sure they are satisfying all electronic reporting requirements.

The OSHA-approved state plans shown on this map have not yet adopted the requirement to submit injury and illness reports electronically.

As a result, establishments in these states were not required to submit their 2016 data through the reporting website in 2017. However, OSHA has now clarified that they must submit their 2017 data in 2018.

All Employers
California

Maryland

Minnesota

South Carolina

Utah

Washington

Wyoming

Public Employers
Illinois

Maine

New Jersey

New York