Fending off criticism from the
ironworkers union, OSHA Administrator Edwin Foulke, Jr. talked about
the bottom line, making a business case for safety at ASSE’s Safety
2008 Professional Development Conference and Exposition held last
month in Las Vegas.
“In every speech, I talk about
the bottom line of employee safety,” he said. “More than anything
else, all we care about is that at the end of the day, workers go
home safe and sound to their loved ones. If they do that, the
financial bottom line will take care of itself.”
While in Vegas Foulke made time
to meet with the local ironworkers union, which urged him to rescind
a federal directive interpreting the agency’s standards for safety
flooring, which allows builders to avoid providing the flooring
under certain conditions. At least two of 11 workers who have died
in the past 18 months on the Las Vegas Strip were ironworkers whose
falls, according to the union, could have been broken if decking or
netting had been in place.
“We are outraged by news that Mr.
Foulke would come to Las Vegas to pontificate about fatalities and
workplace safety matters when he has refused to rescind OSHA
compliance directives that have been at the center of controversy in
Las Vegas,” said Joe Standley, president of the Western District
Council of Ironworkers.
Federal safety laws enforced
locally by Nevada OSHA have long required that employers provide
safety netting or temporary flooring to catch workers who fall.
Those rules remained official law even after new erection standards
were adopted in 2001.But in 2002, OSHA issued an interpretation to
no longer enforce the requirement for netting or flooring if
employers required workers to wear safety harnesses, which are
attached to cables that workers tie off from above.
OSHA says the two forms of
protection are redundant and unnecessary. But officials at the union
insist that the decision by OSHA undermines safety and say
ironworker death rates have risen since word spread that contractors
didn’t have to provide safety floors.
“We were shocked and disappointed
that OSHA would issue compliance directives that removed safety
provisions for the steel erection industry that is considered a high
hazard industry,” Standley said.
Nevada OSHA is now requiring
contractors to provide decking or netting beneath employees,
effective Aug. 1. Foulke also met with ASSE’s Safety Professionals
and the Latino Workforce (SPALW) group. In a plenary session, Foulke
said that the rate of injury and fatalities for Hispanic workers is
going down, but the number of injuries continues to rise.
In 2006, the work-related injury
death rate for Hispanic workers was 5.0 per 100,000, compared with
rates of 4.0 for all workers, 4.0 for non-Hispanic white workers,
and 3.7 for non-Hispanic black workers.
Two main concerns facing safety,
health and environmental professionals who work with the Hispanic
workforce are 1) the ability to effectively communicate with each
other due to differences in language and literacy levels, and 2)
many times cultural difference lead to misinterpretation of
directions and intent.
NIOSH notes that inadequate
knowledge and control of recognized safety hazards and inadequate
training and supervision of workers, often exacerbated by different
languages and literacy levels of workers, contributed to higher
numbers of worker-related injury deaths among Hispanic workers.
Addressing ASSE’S safety
professionals, Foulke said, “Safety and health will be one of the
main business drivers in the future. You have to be frank about
these things. We have to get you to the C room. It is so important,
and will be even more so in future, that the safety and health
professional is involved.
“You can’t put a price tag on
somebody’s life,” said Foulke, a self-described country lawyer from
South Carolina who has completed more than 200 OSHA fatality
investigations.
He told the safety professionals
that their jobs will be “enlarged” in the future, to encompass
“wellness” issues.
The future workforce — with its
obesity problem – will be injured quicker, more frequently and have
pre-existing conditions that safety and health professionals will
have to deal with, warned Foulke.
“To me safety and health is a
moral responsibility. Many companies are getting it now, and you’ve
got to start looking into wellness, to make the country safer and
companies stronger,” he said. “One injury, one illness, one fatality
can ruin a company.”
The National Fire Protection
Association also held its annual convention in Las Vegas in June,
and it’s president told members, the organization must be more than
a source of technical solutions to safety problems; it has to do
more to develop and implement strategies for change.
“We must be more aggressive at
forging coalitions to bring about change and we must not fear
risking controversy to ful-fill our mission,” said James M. Shannon,
president and CEO of NFPA in his opening remarks to attendees of the
World Safety Conference and Exposition.
“We have learned that when NFPA
provides the leadership in our areas of expertise, our members and
our constituents can be a powerful influence for change.”
Perhaps the best recent example
is NFPA’s coordination of the Fire Safe Cigarette campaign. When
NFPA decided less than three years ago to take on the responsibility
for a nationwide state-by-state campaign, only two states had
adopted the fire safe cigarette legislation.
“Today, 35 states have enacted
legislation, and at the rate we are going, we should achieve our
goal of a national fire safe cigarette standard within a couple of
years,” said Shannon.
This change offers the potential
for saving hundreds of lives every year when fully implemented and
hundreds of millions of dollars in property saved from being lost in
fires.
Shannon said NFPA is trying
something similar with residential sprinklers. “We have already
taken the lead and changed NFPA 1 and 101 to require sprinklers in
one- and two-family dwellings.”
NFPA will be at the ICC code
hearings later this year to urge the inclusion of residential
sprinklers in the International Residential Code.
He said NFPA has supported
residential sprinklers for years, especially through the work we
have done with the Home Fire Sprinkler Coalition but now believes
this is the time to move this issue to the next level of action.
Shannon said he sometimes hears
people say, “We have the fire problem under control. They talk about
the fact that in the United States the fire death rate has been cut
in half in the last few decades. They measure the declining number
of calls to which fire departments respond. Or they cite statistics
that show that there are fewer accidents in the workplace. They
treat these statistics as if they are just part of the natural
evolution of society and not the result of decades of hard work by
technical experts, the enforcement community, first responders,
safety advocates and many others.
“But we know that, even with all
of those advances, avoidable tragedies still occur with alarming
frequency. Lives are lost needlessly and the hopes and dreams of so
many families are destroyed forever. Preventing those tragedies is
the reason that NFPA exists, and that purpose is what brings us to
this meeting today.”
Just a few months ago, on Feb. 7,
an explosion tore through the Imperial Sugar Company outside of
Savannah, GA. The explosion killed 13 workers and inflicted serious
burns on 10 others. The catastrophic explosion that cratered the
refinery was believed to have been caused by sugar dust. This was
not that unusual an event. Combustible dust has long been a major
safety concern and a particular concern of NFPA.
The Standard, NFPA 654, addresses
the hazards of combustible dusts and the potential for dust
explosions, and NFPA 61deals directly with protecting facilities
processing agricultural dusts like sugar. Unfortunately OSHA
regulations do not require these standards to be used by
manufacturers and food producers to protect workers.
Over the last quarter century
there have been almost 300 dust explosions that have killed over 120
and injured hundreds of others.
“I have seen how devastating
these disasters can be right in my own community,” said Shannon. “In
my hometown of Lawrence, MA, a major employer, Malden Mills, was
obliterated and several employees seriously injured when a dust
explosion started a huge fire in December of 1995.
“These accidents are avoidable.
We know how to prevent them, but the standards that we know could
have prevented those explosions were never made mandatory.
“It is our job not just to come
up with the right technical solutions to serious safety problems but
to do everything we can to ensure that the solutions are
implemented,” added Shannon.
FSM