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


30 employee handbook do’s and don’ts from the NLRB

The National Labor Relations Board (NLRB) recently released a list of rules to help employers comply with the National Labor Relations Act. Read on to learn more.


To help employers craft handbooks that don’t violate the National Labor Relations Act, the National Labor Relations Board has issued a compilation of rules it has found to be illegal — and rewritten them to illustrate how they can comply with the law.

It was issued as a memorandum by NLRB General Counsel Richard F. Griffin, Jr. to “help employers to review their handbooks and other rules, and conform them, if necessary, to ensure they are lawful.”

Specifically, the memorandum points out employer policies found to violate and conform to Section 7 of the NLRA.

The main area of concern

Section 7 mandates that employees be allowed to participate in “concerted activity” to help improve the terms and conditions of their work.

The NLRB has made it abundantly clear recently that it’s on the lookout for rules that:

  • explicitly restrict protected concerted activity, and/or
  • could be construed to restrict protected Section 7 activity.

One thing the memorandum makes very clear: extremely subtle variations in language could be the difference between having a legal policy in the NLRB’s eyes and having one that’s viewed as violating the NLRA.

What to say, what not to say

Here are many of the dos and don’ts highlighted by the memorandum, separated by topic:

Rules regarding confidentiality

  • Illegal: “Do not discuss ‘customer or employee information’ outside of work, including ‘phone numbers [and] addresses.'” The NLRB said, in addition to the overbroad reference to “employee information,” the blanket ban on discussing employee contact info, without regard for how employees obtain that info, is facially illegal.
  • Illegal: “Never publish or disclose [the Employer’s] or another’s confidential or other proprietary information. Never publish or report on conversations that are meant to be private or internal to [the Employer].” The NLRB said a broad reference to “another’s” information, without clarification, would reasonably be interpreted to include other employees’ wages and other terms and conditions of employment.
  • Illegal: Prohibiting employees from “[d]isclosing … details about the [Employer].” The NLRB said this is a broad restriction that failed to clarify that it doesn’t restrict Section 7 activity.
  • Legal: “No unauthorized disclosure of ‘business “secrets” or other confidential information.'”
  • Legal: “Misuse or unauthorized disclosure of confidential information not otherwise available to persons or firms outside [Employer] is cause for disciplinary action, including termination.”
  • Legal: “Do not disclose confidential financial data, or other non-public proprietary company information. Do not share confidential information regarding business partners, vendors or customers.”

The NLRB said the last three rules above were legal because: “1) they do not reference information regarding employees or employee terms and conditions of employment, 2) although they use the general term “confidential,” they do not define it in an overbroad manner, and 3) they do not otherwise contain language that would reasonably be construed to prohibit Section 7 communications.”

Rules regarding conduct toward the company and supervisors

  • Illegal: “[B]e respectful to the company, other employees, customers, partners, and competitors.”
  • Illegal: “Do ‘not make fun of, denigrate, or defame your co-workers, customers, franchisees, suppliers, the Company, or our competitors.'”
  • Illegal: “Be respectful of others and the Company.”
  • Illegal: “No ‘[d]efamatory, libelous, slanderous or discriminatory comments about [the Company], its customers and/or competitors, its employees or management.'”

The NLRB said the rules above were unlawfully overbroad because: “employees reasonably would construe them to ban protected criticism or protests regarding their supervisors, management, or the employer in general.”

  • Illegal: “Disrespectful conduct or insubordination, including, but not limited to, refusing to follow orders from a supervisor or a designated representative.”
  • Illegal: “‘Chronic resistance to proper work-related orders or discipline, even though not overt insubordination’ will result in discipline.”

The NLRB said the rules above, while banning “insubordination,” also ban “conduct that does not rise to the level of insubordination, which reasonably would be understood as including protected concerted activity.”

  • Illegal: “Refrain from any action that would harm persons or property or cause damage to the Company’s business or reputation.”
  • Illegal: “[I]t is important that employees practice caution and discretion when posting content [on social media] that could affect [the Employer’s] business operation or reputation.”
  • Illegal: “Do not make ‘[s]tatements “that damage the company or the company’s reputation or that disrupt or damage the company’s business relationships.”‘”
  • Illegal: “Never engage in behavior that would undermine the reputation of [the Employer], your peers or yourself.”

The NLRB said the rules above “were unlawfully overbroad because they reasonably would be read to require employees to refrain from criticizing the employer in public.

  • Legal: “No ‘rudeness or unprofessional behavior toward a customer, or anyone in contact with’ the company.”
  • Legal: “Employees will not be discourteous or disrespectful to a customer or any member of the public while in the course and scope of [company] business.”

The NLRB said the rules above are legal because they wouldn’t lead an employee to believe they restrict criticism of the company.

  • Legal: “Each employee is expected to work in a cooperative manner with management/supervision, coworkers, customers and vendors.” The NLRB says employees would reasonably understand that this states the employer’s legitimate expectation that employees work together in an atmosphere of civility.
  • Legal: “Each employee is expected to abide by Company policies and to cooperate fully in any investigation that the Company may undertake.” The NLRB said this rule is legal because “employees would reasonably interpret it to apply to employer investigations of workplace misconduct rather than investigations of unfair labor practices or preparations for arbitration.”
  • Legal: “‘Being insubordinate, threatening, intimidating, disrespectful or assaulting a manager/supervisor, coworker, customer or vendor will result in’ discipline.” The NLRB said: “Although a ban on being  disrespectful’ to management, by itself, would ordinarily be found to unlawfully chill Section 7 criticism of the employer, the term here is contained in a larger provision that is clearly focused on serious misconduct, like insubordination, threats, and assault. Viewed in that context, we concluded that employees would not reasonably believe this rule to ban protected criticism.”

Rules regarding conduct between employees

  • Illegal: “‘[D]on’t pick fights’ online.”
  • Illegal: “Do not make ‘insulting, embarrassing, hurtful or abusive comments about other company employees online,’ and ‘avoid the use of offensive, derogatory, or prejudicial comments.'”
  • Illegal: “[S]how proper consideration for others’ privacy and for topics that may be considered objectionable or inflammatory, such as politics and religion.”
  • Illegal: “Do not send ‘unwanted, offensive, or inappropriate’ e-mails.”

The NLRB said the rules above were unlawfully overbroad because employees would reasonably construe them to restrict protected discussions with their co-workers.

  • Legal: “[No] ‘Making inappropriate gestures, including visual staring.'”
  • Legal: “Any logos or graphics worn by employees ‘must not reflect any form of violent, discriminatory, abusive, offensive, demeaning, or otherwise unprofessional message.'”
  • Legal: “[No] ‘[T]hreatening, intimidating, coercing, or otherwise interfering with the job performance of fellow employees or visitors.'”
  • Legal: “No ‘harassment of employees, patients or facility visitors.'”
  • Legal: “No ‘use of racial slurs, derogatory comments, or insults.'”

The NLRB said the rules above were legal because: “when an employer’s professionalism rule simply requires employees to be respectful to customers or competitors, or directs employees not to engage in unprofessional conduct, and does not mention the company or its management, employees would not reasonably believe that such a rule prohibits Section 7-protected criticism of the company.

SOURCE: Schappel, C. (18 July 2018) "30 employee handbook do’s and don’ts from the NLRB" (Web Blog Post). Retrieved from http://www.hrmorning.com/employee-handbook-dos-and-donts-from-the-nlrb/


5 Ways to Spot a Phishing Email

Has your organization been affected by phishing attacks? One of the most common types of online threats are phishing emails. Read this blog post to learn five ways to spot a phishing email.


A phishing attack is a form of social engineering by which cybercriminals attempt to trick individuals by creating and sending fake emails that appear to be from an authentic source, such as a business or colleague. The email might ask you to confirm personal account information such as a password or prompt you to open a malicious attachment that infects your computer with a virus or malware.

Phishing emails are one of the most common online threats, so it is important to be aware of the tell-tale signs and know what to do when you encounter them. Here are five ways to spot phishing attacks.

1. The email asks you to confirm personal information

Often an email will arrive in your inbox that looks very authentic. Whether this email matches the style used by your company or that of an external business such as a bank, hackers can go to painstaking lengths to ensure that it imitates the real thing. However, when this authentic-looking email makes requests that you wouldn’t normally expect, it’s often a strong giveaway that it’s not from a trusted source after all.

Keep an eye out for emails requesting you to confirm personal information that you would never usually provide, such as banking details or login credentials. Do not reply or click any links and if you think there’s a possibility that the email is genuine, you should search online and contact the organization directly  – do not use any communication method provided in the email.

2. The web and email addresses do not look genuine

It is often the case that a phishing email will come from an address that appears to be genuine. Criminals aim to trick recipients by including the name of a legitimate company within the structure of email and web addresses. If you only glance at these details they can look very real but if you take a moment to actually examine the email address you may find that it’s a bogus variation intended to appear authentic ‒ for example: @mail.airbnb.work as opposed to @Airbnb.com

Malicious links can also be concealed with the body of email text, often alongside genuine ones.  Before clicking on links, hover over and inspect each one first.

3. It’s poorly written

It is amazing how often you can spot a phishing email simply by the poor language used in the body of the message. Read the email and check for spelling and grammatical mistakes, as well as strange turns of phrase. Emails from legitimate companies will have been constructed by professional writers and exhaustively checked for spelling, grammar and legality errors. If you have received an unexpected email from a company, and it is riddled with mistakes, this can be a strong indicator it is actually a phish.

Interestingly, there is even the suggestion that scam emails are deliberately poorly written to ensure that they only trick the most gullible targets.

4. There’s a suspicious attachment

Alarm bells should be ringing if you receive an email from a company out of the blue that contains an attachment, especially if it relates to something unexpected. The attachment could contain a malicious URL or trojan, leading to the installation of a virus or malware on your PC or network. Even if you think an attachment is genuine, it’s good practice to always scan it first using antivirus software.

5. The message is designed to make you panic

It is common for phishing emails to instill panic in the recipient. The email may claim that your account may have been compromised and the only way to verify it is to enter your login details. Alternatively, the email might state that your account will be closed if you do not act immediately. Ensure that you take the time to really think about whether an email is asking something reasonable of you. If you’re unsure, contact the company through other methods.

Ultimately, being cautious with emails can’t hurt. Always remember this top STOP. THINK. CONNECT.™ tip:

When in doubt, throw it out: Links in emails, social media posts and online advertising are often how cybercriminals try to steal your personal information. Even if you know the source, if something looks suspicious, delete it.

SOURCE: James, M. (22 August 2018) "5 Ways to Spot a Phishing Email" (Web Blog Post). Retrieved from https://staysafeonline.org/blog/5-ways-spot-phishing-emails/


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

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What are the 25 most commonly stolen passwords?

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Construction Risk Advisor - October 2018

Preparing for Hurricane Season: 5 Tips for Contractors

The 2018 hurricane season is here, and it’s time for contractors to prepare for emergency weather situations that can not only disrupt current projects, but also hamper recovery efforts. Heavy rain and winds, surges in demand for labor and materials, and job site hazards in storm-damaged areas can create dangerous and expensive risks for contractors.

Minimize your risks during hurricane season with these five tips:

  1. Identify the potential for flooding. Take steps to prevent on-site flooding, including installing drainage systems, moving large equipment and waiting to install finished products until the building is watertight.
  2. Protect your cranes. Lower any cranes before weather events, if possible. Consult with the manufacturer or a professional engineer regarding how to best lower and secure cranes.
  3. Create an employee communications plan. Devise an action plan with a list of contact information and a log of on-site workers so you can account for everyone if a storm hits.
  4. Check your business continuity plan. Make sure employees understand their roles, and regularly review, update and test your continuity plan for business disruption.
  5. Review your insurance coverage. Work with your insurance carrier or broker to make sure your business is adequately protected.

Assess whether a project will be affected by hurricane season, and weigh the risks before agreeing to a contract. Consider whether or not you have enough qualified staff to handle the work post-storm, as well as the materials needed to complete the job, so you’re prepared in case of supply shortages.

Newsletter Provided by: Hierl's Property & Casualty Experts

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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.

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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.


Risk Insights - Attracting and Retaining Commercial Drivers

Commercial fleets need to maintain a workforce of loyal, qualified drivers in order to succeed. But recently, increased demand for freight volume has highlighted an ongoing driver shortage that’s left many motor carriers operating under capacity.

In order to ensure that your business is attracting and retaining talented drivers, you need to evaluate how the shortage may be affecting you and the steps you can take to make your workplace appealing.

What’s Contributing to the Shortage?

The first step when attracting or retaining drivers should be to understand the underlying causes of the driver shortage:

  • Wages—According to the National Transportation Institute, drivers’ wages have lagged behind both inflation and minimum wage increases. Since 2006, for-hire drivers have seen wage increases of 6 percent compared to a 17 percent increase for private fleet drivers. However, inflation and the minimum wage have increased by 18 and 40 percent over that same period, respectively.
  • Age—The average age for a commercial driver is 55, according to the Bureau of Labor Statistics. More drivers are retiring every day, and a federal law that prohibits drivers under the age of 21 from obtaining intrastate commercial driving licenses makes it difficult to attract younger replacements before they enter another industry.
  • Lifestyle—Commercial drivers often operate over long hours without breaks and are frequently away from home. Many motor carriers also assign new drivers to long or isolated routes, which can make open positions unappealing to prospects.
  • Growing economy—As the U.S. economy continues to grow, increased demand from retailers has led to record demand for trucking capacity, putting a strain on available drivers.

In-house Adjustments to Attract Drivers

Before you consider changing your pay models or workplace benefits, there may be some operational changes you can review to attract or retain drivers:

  • Offer flexible scheduling. Many prospective drivers are afraid of being away from home for long periods of time, and giving them the option to work closer to home can make your business more appealing.
  • Consider new fleet management procedures or technology to help reduce your drivers’ average length of haul. Although you want to keep your drivers on the road frequently to increase your capacity, reducing the average length of haul can help drivers improve their health and manage the balance between their work and home lives.
  • Adjust training programs to target other departments or industries. Prospective drivers may be intimidated by the amount of experience or legal requirements needed to obtain a commercial driver license. Simply adjusting your training programs can help your business integrate drivers from outside the industry.


Increased demand for freight volume has highlighted an ongoing driver shortage that’s left many motor carriers operating under capacity.


Wage Considerations

One of the most effective ways to appeal to drivers is to increase wages. Although this can be done by simply giving drivers a set raise or bonus, there are alternative payment models and other considerations to keep in mind:

  • Bonuses—Many carriers now offer staggered bonuses that incentivize retention, such as $10,000 bonus that’s split into payments after a driver has worked for 30 days, 90 days and six months. However, some experts believe that these bonuses may also cause drivers to leave once they’ve collected all of their payments.
  • Hourly pay—Drivers aren’t frequently paid by the hour because it’s hard to prove when they’re on duty. But now, tracking technology like GPS and electronic logging devices can make it easy for carriers to know when their drivers are on the job.
  • Flexible models–Many businesses have started to incorporate multiple pay models into their operations to accommodate drivers. For example, drivers who are paid by the mile earn very little when slowed by traffic or unloading. Now, tracking devices can detect legitimate delays and switch to a different pay model during that time in order to make long or congested routes more appealing.

When considering raises, bonuses or other pay models, keep in mind that your drivers’ wages could impact your liability or workers’ compensation rates. Contact us at 920-921-5921 for more help addressing your specific concerns.

Workplace Benefits

Another way to make your business appealing to talented drivers is to offer a competitive benefits package and create a positive work environment. Besides 401(k) investment matching and comprehensive medical coverage, you should consider the following:

  • Paid time off to allow drivers to visit home or take a break while still making an income
  • In-house programs that reward successful drivers with priority at service stations, pay bonuses or new equipment
  • New equipment and vehicles to make drivers’ day-to-day operations easier and attract tech-savvy applicants

Additionally, an emphasis on respect can help your business attract and retain drivers. Experts believe that drivers may be turned away from the transportation industry due to a perceived lack of respect for the long hours they put into their jobs. Make sure to show drivers they’re respected by paying attention to their feedback, recognizing their accomplishments and staying involved in their personal and professional lives.

Finding Consistent Success

The driver shortage isn’t going away anytime soon, and you need to constantly review your operations to ensure you’re attracting and retaining a talented workforce. Get in touch with Hierl Insurance Inc. today for more resources on driver training, legal requirements and transportation-specific news.