OSHA Cornerstones - Second Quarter 2019

OSHA Signals Updates to Powered Industrial Truck Standards as It Requests Information From Employers

OSHA recently requested information on powered industrial trucks in the workplace, a sign that the agency will likely update its standards on these vehicles. Although the American National Standards Institute and the National Fire Protection Association updated their own standards last year, OSHA’s regulations have only been changed once since they were adopted in 1971.

Powered industrial trucks are one of the most frequently cited OSHA standards, with 2,294 violations in 2018. The agency’s current regulations don’t include language on common risk exposures, such as carbon monoxide buildup from engines, noise hazards and stopping distances on descending grades. And, although updates may require employers to implement new safety procedures, OSHA stated that a major goal is to remove regulatory burden while improving safety.

As a part of the request for information, OSHA specified that it wants data on these specific topics:

  • The types, age and usage of powered industrial trucks
  • Maintenance and retrofitting procedures for each type of powered industrial truck
  • Suggestions for regulating older vehicle models
  • The types of accidents and injuries associated with the use of these vehicles
  • The advantages and drawbacks of retrofitting machines with new safety features
  • Any relevant components of powered industrial truck safety programs

OSHA will accept public comments on powered industrial trucks until June 10. For more information, see the full notice on the Federal Register’s website.

Increased OSHA Penalties for 2019

Federal law requires OSHA to increase its maximum penalties every year to account for inflation. Here’s a list of the maximum penalties for 2019:

  • Other-than-serious violation: $13,260 per violation
  • Serious violation: $13,260 per violation
  • Failure to comply with posting requirements: $13,260 per violation
  • Failure to correct a violation: $13,260 per day until corrected
  • Repeated violation: $132,598 per violation
  • Willful violation: $132,598 per violation, and a minimum penalty of $9,472 per violation

OSHA Issues Final Rule to Roll Back Electronic Reporting Requirements After Concerns About Employee Privacy

Earlier this year, OSHA updated its electronic reporting rule after concerns that reports on workplace injuries and illnesses contain employees’ personal information. The agency also explained that under the original rule, it was possible for this information to be disclosed publicly through a Freedom of Information Act request or OSHA’s Injury Tracking Application.

The new final rule only requires certain establishments to submit data from OSHA Form 300A, and became effective on Feb. 25. Previously, establishments with 250 or more employees were also required to submit forms 300 and 301. While this requirement was removed before the March 2 deadline to submit data, OSHA stated that it’s likely that many employers automatically submitted data from all three forms, and using software to remove personal details won’t be 100 percent effective.

Some organizations believe the final rule will negatively affect workplace safety, and six states filed a lawsuit against OSHA in an attempt to reinstate the original electronic reporting requirements. However, others believe that the final rule still allows the agency to collect a summary of workplace injuries and illnesses without revealing potentially harmful personal information.

New and Updated OSHA Resources to Help Prevent Falls

Falls are one of the most common and dangerous injuries in the workplace, and OSHA recently released a number of resources to help employers stay aware of common fall hazards and train their workforces.

Here’s a summary of the new and updated resources:

For more resources on preventing falls at your organization, call 920-921-5921 today or visit www.hierl.com.

According to the National Employment Law Project, the Trump administration's focus on deregulation has caused OSHA enforcement activity to fall and fatality investigations to rise.

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Hot tips for winter driving

Wintry conditions can make it hard for drivers to see and even harder to control the vehicle, making driving nerve-wracking even for the best drivers. Continue reading this blog post from UBA for tips on winter driving.


Driving in wintry conditions can be nerve-wracking even for the best drivers. Snow, fog,  and black ice can make it hard to see and even harder to control your vehicle. But if you follow some basic tips, you’ll be more likely to keep your cool and get to your destination without mishap.

Before you hit the road

First things first: Make sure your vehicle is in tip-top condition. And don’t wait till the last minute to do this, in case mechanics find issues that need repairs or need to order in parts. Check the battery, lights, cooling system, tires, windshield wipers and defrosters to make sure everything’s working correctly.Be ready for possible emergencies. Carry a shovel, ice scraper, flashlight, jumper cables, emergency flares or markers, blankets, cell phone charger, snacks and water.

Plan your route carefully, keeping weather and construction in mind. If you’re using GPS, make sure you input your destination before you leave. And let someone know your route and what time you expect to arrive.

Safety strategies

  • Be well-rested before you go.
  • Keep the gas tank at least half-full.
  • Don’t use cruise control when it’s slippery due to snow, ice or rain.
  • Drive slowly according to road conditions and traffic. Keep a longer following distance between you and the car ahead of you (a normal distance is three to four seconds; increase this to eight to ten).
  • If you’re stuck in the snow, stay with your vehicle. Don’t try to walk in search of help. Tie a bright piece of loth to the antenna or hang a piece of cloth from the closed window to try to attract attention. It’s OK to keep the dome light on. It won’t wear down your battery and will make your car more visible. Run the heater for short periods till the car is warm, and then turn it off to save gas. Always make sure the exhaust pipe is clear of sow or ice!
  • Accelerate slowly. Steer in the direction of a skid. Brake gradually with steady pressure. (If you don’t have anti-lock brakes, you might need to pump the brake pedal.)
  • Stay out of the way of snow plows. Their field of vision is limited.

And always…

Always use your seat belt and make sure children are in car seats that are installed correctly. Don’t text and drive and avoid other distractions whenever possible. And never, ever drink and drive.

If playing it safe means arriving at Grandma’s a little late, so be it. Arriving safe, sound and healthy is what’s important.

 

Sources:

AAA Minneapolis. Drive to Survive this Winter Season. https://minneapolis.aaa.com/news/drive-survive-winter-season.   Accessed 9/11/18

National Highway Traffic Safety Administration. Winter driving tips.

https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/documents/winter-driving-tips.pdf   Accessed 9/11/18

American Automobile Association. Winter driving tips.

https://exchange.aaa.com/safety/driving-advice/winter-driving-tips/#.W5gPtjbfPtQ   Accessed 9/11/18

SOURCE: Olson, B. (7 March 2019) "Hot tips for winter driving" (Web Blog Post). Retrieved from http://blog.ubabenefits.com/hot-tips-for-winter-driving


Insurance Commission Urges Wisconsinites to Evaluate Flood Insurance Needs Before the Snow Melts

Insurance Commission Urges Wisconsinites to Evaluate Flood Insurance Needs Before the Snow Melts

Madison, Wis. — The Wisconsin Office of the Commissioner of Insurance (OCI) is urging residents to evaluate their flood insurance coverage now as the National Weather Service predicts temperatures across Wisconsin will rise later this week. With rising temperatures comes the possibility of snowmelt-related flooding. The Federal Emergency Management Agency (FEMA)1 noted late last month that Wisconsin’s flood risk is above normal to well-above normal throughout March and April.

“I think it’s fair to say that most Wisconsinites are ready for winter to be over,” said Insurance Commissioner Mark Afable. “But while we’re waiting for temperatures to rise, home and business owners should review their insurance policies to make sure they have appropriate coverage.

“If you purchase flood insurance, the policy does not go into effect for 30 days,”2 explains Afable. “Consider flood insurance now as an important protection against this type of peril.”

The U.S. Army Corps of Engineers is closely monitoring the Fox River between Wrightstown and DePere, the Wolf River, and the Menominee River for ice jams and flooding3 , while the National Weather Service in La Crosse is warning residents along the Mississippi River and its tributaries of an above-normal flood risk through May due to runoff from snowpack and deeply frozen ground.4 River ice jams occur when ice breaks up quickly in thawing temperatures and large, flowing ice chunks collect and create a dam, triggering area floods.

Not only will mountains of snow across the state melt into inches of water, saturated soil in many areas from late summer/early fall flooding leaves nowhere for that water to go.5

Public works departments are asking residents to help by clearing snow and ice from storm drains and grates. Homeowners should remove snow from the roof using a roof rake or push broom, make sure vents around the home are not covered by snow, and check that their sump pump is working properly. Clearing snow piles away from the home or building can also help prevent water seepage through the foundation.

Most homeowner’s policies do not cover flooding or seepage through the foundation. A separate flood insurance policy sold through the National Flood Insurance Program (NFIP) and managed by FEMA is necessary for this coverage. Visit https://www.floodsmart.gov/ to learn more about flood insurance.

Damage from sewer backup or sump pump overflow is not covered by standard homeowner’s insurance or flood insurance. The purchase of a special homeowner’s policy endorsement is required for this type of coverage. Contact your insurance agent to find out more about special endorsements and riders for expanded coverage.

  • Floods are the nation’s most common natural disaster.6
  • Just one inch of water can cause $25,000 of damage to your home.
  • More than 20 percent of flood insurance claims come from outside high-risk areas.7
  • Generally, water coming from the top down, such as burst fire sprinklers and ice dam seepage behind drywall, is covered by standard homeowner’s policies. Water coming from the bottom up, such as foundation seepage from snowmelts, is not.8

Created by the Legislature in 1870, Wisconsin’s Office of the Commissioner of Insurance (OCI) was vested with broad powers to ensure that the insurance industry responsibly and adequately met the insurance needs of Wisconsin citizens. Today, OCI’s mission is to lead the way in informing and protecting the public and responding to its insurance needs.

For more information contact Olivia Hwang, Director of Public Affairs, (608) 267-9460 or olivia.hwang@wisconsin.gov

###

SOURCE: Wisconsin Office of the Commissioner of Insurance (5 March 2019) “Insurance Commission Urges Wisconsinites to Evaluate Flood Insurance Needs Before the Snow Melts” (Press Release). Retrieved from https://oci.wi.gov/Pages/PressReleases/20190305PRSnowmelt.aspx


Operating a drone? Check your coverage

Is operating a drone a part of your job description? If so, check your insurance coverage to determine whether an endorsement to an existing policy or a specialty policy is required to cover your drone-related activities. Read this blog post to learn more.


A happy couple was enjoying their wedding with their family and friends when disaster struck. The couple hired a wedding photographer to record the wedding and reception. In the course of performing his services at the wedding, the photographer used a drone to take pictures and record video. The drone accidentally hit one of the wedding guests, causing the guest to lose her eye.

A claim was made against the wedding photographer’s commercial general liability (CGL) insurance policy. However, the insurance company denied the claim asserting that the claim was excluded under the aircraft exclusion provision in the policy.

Eventually, the injured wedding guest filed suit against the photographer asserting negligence, and the photographer sought a defense under his CGL policy. The insurance company initially provided a defense under a reservation of rights, but then filed a declaratory judgment action asking the court to declare that the insurance company was not liable under the policy and that it had no obligation to provide a defense to its insured for the injury caused by the drone.

The court in Philadelphia Indem. Ins. Co. v. Hollycal Prod., Inc., noted that the CGL policy specifically excluded any bodily injury arising out of the use of an “aircraft” operated by an insured. While the policy did not define the term “aircraft,” the court held that the word was unambiguous and its ordinary meaning, as defined by Merriam–Webster’s Collegiate Dictionary, is “a vehicle (such as an airplane or balloon) for traveling through the air.”

The court held that the definition of aircraft included a drone. Accordingly, the court granted summary judgment in favor of the insurance company finding that the policy did not cover the claim and that there was no duty to defend the claim. The court even awarded the insurance company the costs of defense it incurred while providing a defense under its reservation of rights.

Drone use is steadily increasing commercially with virtually limitless applications and possibilities for causing personal injury or property damage. However, many CGL policies may exclude coverage under the aircraft exclusion.

Accordingly, if you are using a drone or contract the use of drone services, make sure you contact your insurance carrier about coverage and determine whether an endorsement to an existing policy or a specialty policy is required to cover your drone-related activities.

SOURCE: Stover, M. (19 February 2019) "Operating a drone? Check your coverage" (Web Blog Post). Retrieved from https://www.propertycasualty360.com/2019/02/19/operating-a-drone-check-your-coverage/


6 tips to protect your vehicle from winter's potholes

When the weather conditions are unfavorable, the best option when it comes to driving is to not drive at all. Read this blog post for six tips on how to protect your vehicle from winter potholes.


When it comes to driving in unfavorable weather conditions, the best option is to not drive at all. However, many drivers don’t have much say in the matter either because of work, an emergency or just a desire to get home before conditions get much worse.

Around the U.S., ice, freezing rain and fluctuating winter temperatures can leave roadways littered with potholes, causing vehicle damage and costly repairs for motorists, says AAA. In some cases, the company added, the impact of poor road conditions can leave a vehicle owner with repair bills ranging from under $250 to more than $1,000 depending on the extent of the damage, the make of the vehicle and the make of the tires.

Potholes tend to form when moisture collects in small holes and cracks in the road surface. As temperatures rise and fall — as they have this winter — the moisture expands and contracts, ultimately resulting in broken up pavement which is then continually impacted by the weight of passing cars.

Cracks in the road

According to a AAA study on pothole damage:

  • Americans spend $3 billion per year on average to repair pothole-related damages to their vehicles.
  • American drivers paid an average of $300 each to repair pothole-related damages to their vehicles in 2017, according to AAA estimates.

The impact of poor road conditions can leave a vehicle owner with repair bills ranging from under $250 to more than $1,000 depending on the extent of the damage, the make of the vehicle and the make of the tires. (Photo: AAA)

Blown tires, dented rims, damaged wheels, dislodged wheel weights, displaced struts, dislocated shock absorbers and damaged exhaust systems are all costly common automotive issues. Other signs include misaligned steering systems and ruptured ball joints.

“Driving over potholes formed by weather extremes and heavy traffic can damage a tire’s internal steel belts and force it ‘to go out of round.’ This negatively impacts your ability to drive comfortably and safely,” Jed Bowles, AAA Blue Grass fleet manager, said in a press release. “Running into a pothole can lead to irregular tire wear and tear, vehicle vibration and imbalance, wobbling and loss of control.”

With this in mind, here are six tips that will help aid motorists in protecting their vehicles from pothole damage, courtesy of AAA.

  1. AAA suggests making sure tires have enough tread and are properly inflated. To check the tread depth, insert a quarter into the tread groove with Washington's head upside down. The tread should cover part of Washington's head. If it doesn't, it's time to start shopping for new tires. When checking tire pressures, refer to the owner's manual to ensure they are inflated to the manufacturer's recommended levels.
  2. Keep an eye out for potholes when driving. Stay focused on the road ahead and don't get distracted. If you need to swerve to avoid a pothole, make sure to check surrounding traffic to avoid causing a collision or endangering nearby pedestrians or cyclists.
  3. If a pothole cannot be avoided, reduce speed, and check the rearview mirror before any abrupt braking, says AAA. Hitting a pothole at higher speeds increases the likelihood of damage to tires, wheels and suspension components.
  4. A puddle of water can disguise a deep pothole. Use care when driving through puddles and treat them as though they may be hiding potholes.
  5. Hitting a pothole can knock a vehicle's wheels out of alignment and affect the steering, says AAA. If a vehicle pulls to the left or right, have the wheel alignment checked by a qualified technician.
  6. Any new or unusual noises or vibrations that appear after hitting a pothole should be inspected immediately by a certified technician. A hard pothole impact can dislodge wheel weights, damage a tire or wheel, and bend or even break suspension components, says AAA.

SOURCE: Jacob, D. (12 February 2019) "6 tips to protect your vehicle from winter's potholes" (Web Blog Post). Retrieved from https://www.propertycasualty360.com/2019/02/12/6-tips-to-protect-your-vehicle-from-winters-potholes/