The answer to this question depends on each specific situation.  In May 2020, the Occupational Safety and Health Administration (OSHA) issued a guidance memorandum to help employers make COVID-19 recordkeeping determinations.  An employer will need to take action to determine whether employee COVID-19 illnesses are work-related and thus recordable.

Under OSHA’s recordkeeping requirements, COVID-19 is a recordable illness, and employers are responsible for recording cases of COVID-19, if:

1. The case is a confirmed case of COVID-19 (an individual with at least one respiratory specimen that tested positive for SARS-CoV-2, the virus that causes COVID-19);
2. The case is work-related as defined by 29 CFR 1904.5; and
3. The case involves one or more of the general recording criteria set forth in 29 CFR 1904.7.

Once the first step is complete and the illness is confirmed to be COVID-19, an employer must next determine if it was work-related.  An injury or illness is considered to be work-related if an event or exposure in the work environment (as defined by 29 CFR § 1904.5(b)(1)) either caused or contributed to the resulting condition or significantly aggravated a pre-existing injury or illness.

Because it may be difficult to determine work-relatedness, OSHA will consider the following factors:

• The reasonableness of the employer’s investigation into work-relatedness. Employers should not be expected to undertake extensive medical inquiries. It is sufficient in most circumstances for the employer, (1) to ask the employee how they believe they contracted the COVID-19 illness; (2) while respecting employee privacy, discuss with the employee their work and out-of-work activities that may have led to the COVID-19 illness; and (3) review the employee’s work environment for potential SARS-CoV-2 exposure.
• The evidence available to the employer. The evidence that a COVID-19 illness was work-related should be considered based on the information reasonably available to the employer at the time it made its work-relatedness determination. If the employer later learns more information related to an employee’s COVID-19 illness, then that information should be taken into account as well in determining whether an employer made a reasonable work-relatedness determination.
• The evidence that a COVID-19 illness was contracted at work. OSHA will take into account all reasonably available evidence, in the manner described above, to determine whether an employer has complied with its recording obligation.

If after a reasonable and good faith effort was made and the employer cannot determine that the case was work-related, the employer does not need to record the COVID-19 illness.

If the case has been determined to be work-related, an employer must then determine if the case meets general recording criteria.  An injury or illness meets the general recording criteria if it results in any of the following: death, days away from work, restricted work or transfer to another job, medical treatment beyond first aid, or loss of consciousness.  Refer to 29 CFR 1904.7 to make the determination.

For more information refer to the May 2020 memorandum.  Also, frequently check OSHA’s COVID-19 webpage for updates.

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The fire started after contractors were conducting welding operations in the facility.  The welders were finishing up their work when the fire started.  As the fire grew, it caused a series of explosions.  The estimated $100 million facility that employed approximately 800 people and produced more than 2 million pounds of beef per week was destroyed.

Although not always as severe, situations like this where contractors cause damage and loss to a facility occur on a regular basis.  When contractors are hired to perform work at a facility, inherent risk is always present.

Risk Introduced by Contractors

The nature of construction and maintenance work can create dangerous and hazardous conditions.  Depending on the scope of a project and the surrounding conditions, the types and seriousness of risk can vary.  Many hiring companies are not fully aware of the risks that are introduced by contractors, and therefore, fail by not taking appropriate preventive actions.

Risk to Employees, Products, Assets, and Property

When project work begins at a facility, the risk to employees, products, assets, and property increases significantly.  It is the responsibility of the hiring company to identify and work to reduce, control, or eliminate this risk.

Having a Program in Place to Effectively Manage Risk

Contractors may not always be prepared to actively limit their risk, and if no attention is given towards preventing common problems, issues are prone to arise that will have to be dealt with in a reactive manner.  The most effective method to proactively manage risk is to have a formal, dedicated contractor management program in place.

A formal, dedicated program begins with Contractor Prequalification.  Before contractors perform work at a facility, it is vital that they are subjected to a vetting process to ensure that they:

• Meet the organization’s requirements and have a high standard for safety and health
• Have sufficient insurance and financial stability
• Have the experience and knowledge to perform the work and meet project schedules and budgets

In industrial incidents like the one described above, the impact on legal costs, liability costs, regulatory fines, safety and health hazards, property damage, hazards to the public, production loss, and public relations can be immeasurable.  Properly managing contractor risk is vital and will help mitigate the inherent risk.

Appruv offers a comprehensive solution to managing your contractor risk.  Contact us to learn how we can help!

References

https://www.nbcnews.com/id/wbna23769511

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Considering the potential for serious injury, illness, property damage, production/financial loss, and public relations issues, it is wise for a hiring company to take the time to implement a project planning phase with its contractors.  Many hiring companies strive to mitigate risk by utilizing prequalification services to ensure their contractors have proper insurance, meet their safety standards, and have other important items in place.  Using a contractor prequalification service is prudent and a smart business strategy, but once the contractors have been vetted and selected for the project work, a planning and coordination phase must be initiated.

This planning and coordination phase is one of the most important steps that is often overlooked.  Things to consider in the process include:

• What is the scope of work?
• How will a contractor’s work affect operations?
• What are the hazards they will create and encounter?
• What are their plans to eliminate or control the hazards?
• Do they have the necessary equipment to complete the job?
• Do they have the necessary personal protective equipment to protect their employees?
• Are they implementing and following all applicable safety procedures?
• What regulatory requirements are applicable to their work?
• Will the work create environmental issues?
• Are they introducing hazardous materials or chemicals to the site?
• What precautions are being taken to protect the hiring company’s employees and property?

These are just some of the questions that should be asked prior to the start of a project.  Project planning can be complex, but when broken down and completed in a methodical manner, the process will be successful.  Elements of the project planning process can include:

•  Pre-Construction Meetings

These meetings allow the project team and contractors to thoroughly discuss the project scope.  It allows both parties to understand how the project will be completed, how the facility and employees will be impacted, what policies and procedures must be followed, and what safety measures the contractor will utilize to keep people and property safe and free from hazards.

• Written Safety Plans

A written safety plan describes the process for identifying both physical and health hazards as they relate to the project scope, as well as the procedures and equipment that will be used to control hazards and prevent incidents. It is a documented approach to protecting both people and property.

• Safety Kick-Off Meetings

Once the initial planning meetings have taken place and the project is ready to begin, it is beneficial to gather contractor workers for a safety kick-off meeting.  Here, the importance of following the plans to keep everyone safe and adhere to all policies and procedures can be reviewed and communicated.  This meeting also enables the opening of important lines of communication between the project team and all workers, and for them to hear and understand the expectations for their safety performance.

• Periodic Reviews and Updates

Because the nature of a project can be fluid, it is important that periodic reviews are planned and conducted, and that updates are made as the project progresses.  Open communication and regular meetings with contractors help to accomplish this.  This allows for needed corrective action to be made and assists in the efforts to keep everyone on the same page and to prevent serious mishaps or project delays from happening.

Hiring companies find that having staff that is trained and has the appropriate knowledge to ask important questions, facilitate planning, and coordinate the work with contractors allows them to achieve their project planning goals.

When properly implemented, project planning with contractors can have positive and significant impacts on the protection of people and property, quality of work, project budget, project schedule, and contribute to the overall success of a project.

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Under OSHA’s recordkeeping requirements, COVID-19 is a recordable illness, and employers are responsible for recording cases of COVID-19, if:

1. The case is a confirmed case of COVID-19 (an individual with at least one respiratory specimen that tested positive for SARS-CoV-2, the virus that causes COVID-19).
2. The case is work-related as defined by 29 CFR 1904.5
3. The case involves one or more of the general recording criteria set forth in 29 CFR 1904.7.

OSHA understands that employers other than those in the healthcare industry, emergency response organizations (e.g., emergency medical, firefighting, and law enforcement services), and correctional institutions may have difficulty making determinations about whether workers who contracted COVID-19 did so due to exposures at work.  In light of this difficulty, until further notice OSHA will not enforce 29 CFR 1904 to require these employers to make work-relatedness determinations, except where:

1. There is objective evidence that a COVID-19 case may be work-related. This could include, for example, a number of cases developing among workers who work closely together without an alternative explanation.
2. The evidence was reasonably available to the employer. Examples of reasonably available evidence include information given to the employer by employees, as well as information that an employer learns regarding its employees’ health and safety in the ordinary course of managing its business and employees.

Employers of workers in the healthcare industry, emergency response organizations (e.g., emergency medical, firefighting, and law enforcement services), and correctional institutions must continue to make work-relatedness determinations pursuant to 29 CFR 1904.

OSHA hopes this enforcement policy will help employers focus their response efforts on implementing good hygiene practices in their workplaces, and otherwise mitigating COVID-19’s effects, rather than on making difficult work-relatedness decisions in circumstances where there is community transmission.

This guidance has taken effect immediately and will remain in effect until further notice. Please frequently check OSHA’s webpage at www.osha.gov/coronavirus for updates.

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Because of the limited supplies of N95 FFRs, OSHA is asking employers to assess their work operations and to consider any engineering controls, administrative controls and work practices that can be utilized to decrease the need for N95 respirators.  For example, employers should consider whether it is possible to increase the use of wet methods or portable local exhaust systems or to move operations outdoors. In some instances, an employer may also consider taking steps to temporarily suspend certain non-essential operations.

In the event respiratory protection must be used, employers may consider use of alternative classes of respirators that provide equal or greater protection compared to an N95 FFR, such as National Institute for Occupational Safety and Health (NIOSH)-approved, non-disposable, elastomeric respirators or powered, air-purifying respirators. When these alternatives are not available, or where their use creates additional safety or health hazards, employers may consider the extended use or reuse of N95 FFRs, or use of N95 FFRs that were approved but have since passed the manufacturer’s recommended shelf life, under specified conditions.

All employers whose employees are required to use or are permitted voluntary use of respiratory protection must continue to manage their respiratory protection programs in accordance with the OSHA respirator standard and should pay close attention to shortages of N95s during the COVID-19 pandemic.

This guidance applies in all industries, including workplaces in which:

• Healthcare personnel (HCP) are exposed to patients with suspected or confirmed coronavirus disease 2019 (COVID-19) and other sources of SARS-CoV-2 (the virus that causes COVID-19).
• Protection of workers exposed to other respiratory hazards is impacted by the shortage resulting from the response to the COVID-19 pandemic.

This interim guidance has taken effect immediately and will remain in effect until further notice. This guidance is intended to be time-limited to the current public health crisis. Visit OSHA’s Coronavirus webpage regularly for updates.

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Prequalifying contractors, suppliers, and vendors is an essential part of an organization’s well-rounded Environmental, Health, & Safety goals. A prequalification service acts as an extension of a client company, as the third-party option, for simplifying a normally time-consuming and complex process. A thorough prequalification process accurately collects necessary data at a fraction of the in-house cost, to effectively reduce the exposure to the risk that multi-employer worksites face.

The process of prequalification can be time-consuming and tedious. Effective management of all required information takes time during the onboarding process and needs to be continually updated as changes occur. If you are operating a company with contracted workers on-site, chances are they may be performing potentially dangerous tasks.

Utilizing a prequalification service allows you to place the process in capable hands and gain peace of mind knowing that all documents will be managed, vendors will be notified for updated information, and all information will remain secure in one central location.

Prequalification services collect and examine various factors to determine a contractor’s eligibility to be on your job site or in your facility. These can include but are not limited to:

• Certificates of Insurance (COI)
• Bonding Qualification
• Experience Modification Rates (EMR)
• OSHA Recordable Incident Records
• Contracts and Agreements
• Geographic Service Areas

Some prequalification services offer a one-size-fits-all approach that can become bogged down with unnecessary information. When a prequalification service is fully customized to a client company’s precise specifications, only the necessary data is collected without the excess information gathered through a one-size-fits-all approach.

Appruv’s customizable prequalification service offers a learning management system where online training and orientation can be viewed by contracted workers before they arrive at a facility or job site.  Whether the training content is provided by the client company or produced by Appruv, all levels of training, from corporate to site-specific, can be housed and viewed within the Appruv web application.  Quizzes to confirm understanding of the training content can also be included.  Once training is complete, a worker’s profile is updated, and they are prepared to work upon arrival, saving time and money.

While some companies find that they can manage the prequalification process on their own, they often face shortfalls and inaccuracies as they navigate through the process.  Hiring a talented team of technology and safety experts to execute the work more efficiently and accurately is a savvy business move. Trusting a prequalification service to properly manage the process reduces in-house burden, saves time and money, and contributes to a safe work environment.

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OSHA defines leading indicators as proactive, preventive, and predictive measures that provide information about the effective performance of safety and health activities. They measure events leading up to injuries, illnesses, and other incidents and reveal potential problems in a safety and health program. In contrast, lagging indicators measure the occurrence and frequency of events that occurred in the past, such as the number or rate of injuries, illnesses, and fatalities.  Both leading and lagging indicators are an important piece of the pie when evaluating a safety and health program.  A good program uses leading indicators to drive change and lagging indicators to measure effectiveness.

OSHA says that the characteristics of effective leading indicators are based on SMART principles, meaning they are Specific, Measurable, Accountable, Reasonable, and Timely.  Some examples of leading indicators in a safety and health program include but are not limited to:

• Safety training
• Worksite audits and inspections
• Hazard assessment and recognition
• Toolbox talks and safety meetings

Appruv was invited to OSHA’s November 7, 2019 stakeholder meeting on Leading Indicators for safety and health programs.  I represented Appruv at the meeting, held at the Department of Labor in Washington, DC., with a seat at the roundtable discussion.  The meeting attendees were made up of a diverse group of industry and safety professionals, who provided OSHA with information about current best practices for leading indicators as well as ideas to further develop the use of leading indicators.  We also shared our thoughts about how OSHA could incorporate the use of leading indicators and the tools and guidance they could provide.  The meeting provided excellent discussion points and valuable information for OSHA to consider.

Appruv’s contractor, supplier, and vendor prequalification platform has incorporated leading indicators into the process and is a leader in the field for identifying the quality and effectiveness of an employer’s safety and health program.  With our foundation built in the safety and health industry, we have recognized the need to look at multiple facets of a safety and health program when measuring its effectiveness.  Both leading and lagging indicators are included in this process, as well as other factors.  This combined with first-class customer support, technology focused on intuitive usability, and many other value-added benefits and resources for all users, Appruv is an industry leader for contractor, supplier, and vendor prequalification and management.

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This time of year can be very busy and it is important that employers never neglect to keep young workers safe. All workers have a right to a safe and healthy workplace. Hazards are present whether a young worker is working at a construction site, a grocery store, an office setting or a warehouse.

Young workers are generally inexperienced and don’t receive much formal training for these jobs. While these workers can be a tremendous asset to a business, the employer must always keep in mind that these workers are young and may not have adequate experience. For some, it may be their first job or the first time they are operating equipment. Whether short-term or long-term, employers must treat all workers equally and this includes providing proper safety training.

According to OSHA, young workers are exposed to a variety of hazards on the job that may result in injuries or illness. These can include:

• Unsafe equipment
• Inadequate safety training
• Inadequate supervision
• Dangerous work that is illegal or inappropriate for youth under 18
• Pressure to work faster
• Stressful conditions

Working to reduce or minimize these hazards and providing proper training is necessary to protect young workers. It is also important for young workers to take it upon themselves to seek knowledge and work safely.

Three workplace safety tips for young workers to remember:

1. Get training about workplace hazards and always use required safety gear
2. Ask questions if you don’t understand instructions or if something seems unsafe
3. Immediately report unsafe conditions to your supervisor

For more information on maintaining a safe and healthy workplace for young workers and ways to make sure your workplace is a safe one, please visit OSHA’s website for young workers. Follow the hashtag #MySafeSummerJob on Twitter and help spread the word about the importance of workplace safety to young workers, educators, parents, supervisors, and employers.

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According to OSHA statistics, approximately 32 million U.S. workers are potentially exposed to one or more chemical hazards daily to ensure continued compliance. Due to the potential health and safety risks associated with these chemicals and because many employers and employees know little or nothing about the chemicals they work with, OSHA promulgated the hazard communication standard to provide not only protection from potential hazards. The standard form of communication of the required information is comprehensive training that includes specifics regarding container labeling and warnings, safety data sheets (SDS), and more.

When evaluating a hazard communication program to ensure that it complies with OSHA standards, several common problems occur throughout many industries:

1. Management Commitment – A hazard communication program, like other safety and loss prevention programs, needs management commitment to be successful. Without commitment at the leadership level of an organization, most safety programs have a higher chance of failing. The most common problems encountered in maintaining this program are lack of management support, inadequate funding, and the lack of other resources necessary to develop and maintain the required elements of a hazard communication program. One method that safety and loss prevention professionals have been successful in using has been to communicate potential OSHA penalties for noncompliance as well as the mandatory nature of the standard. Another method is to explain the potential harm that may occur if an employee is injured because of improper labeling or inadequate training.

2. Assessing Hazards – The purpose of a hazard assessment element of the hazard communication program is to determine the identity and location of hazardous chemicals at a facility or workplace. The results of the hazard assessment are used to prepare an inventory of harmful substances and their SDS as well as to define the types of hazards that need to be covered during employee training. A significant problem that can occur with this standard is omitting potential chemicals located on-site during the assessment. To mitigate this potential problem, conduct a comprehensive hazard assessment that includes defining and identifying all potentially hazardous chemicals and determine whether employees have the potential for exposure to harmful chemicals.

In general, the chemicals outlined in 29 CFR Section 1910 subpart Z, Toxic and Hazardous Substances are considered “hazardous chemicals.” You may also want to consider the Threshold Limit Values for Chemical Substances and Physical Agents in the Work Environment by the American Conference of Governmental Industrial Hygienists (ACGIH). Chemicals established as being or having the possibility of being a carcinogen in the following sources must be reported as such:

• National Toxicology Program (NTP), Annual Report on Carcinogens
• International Agency for Research on Cancer (IARC) Monographs (latest edition)
• 29 CFR section 1910, subpart Z, Toxic and Hazardous Substances

3. Developing a Written Program – An additional common problem in complying with the hazard communication standard can be the development of the written hazard communication program. A communication program contains three primary components:

• Labeling per the Globally Harmonized Systems (GHS)
• Safety Data Sheets (SDS)
• Employee Information and Training

4. Safety Data Sheets – A Safety Data Sheet, or SDS, is a document that described the physical and chemical properties of products, their physical and health hazards, and precautions for their safe handling and use. The major problem regarding SDSs as an element of the hazard communication program is the acquisition and maintenance of the SDS for every chemical at the worksite. Many organizations have instituted online, or digital SDS libraries in conjunction with management controls to ensure the current SDSs are available for each chemical on site. For many organizations, the maintenance of accurate SDSs for each chemical at the site has proven to be a more difficult undertaking. Some of the sources of these problems occur when purchasing agents obtain new or different chemicals and do not inform the safety and health professional, when the receiving department fails to notice unlabeled products as they enter the facility, and when updated SDSs are not incorporated into the existing SDS booklet or binders. OSHA frequently cites this type of violation during compliance inspections.

5. Employee Training – the hazard communication standard requires employers to provide training programs for their employees. The rule requires that employees receive training and information on the following topics:

• All provisions of the hazard communication standard
• The types of operations in their work areas where hazardous chemicals are present
• The location and availability of the written program, a list of hazardous chemicals, and SDSs.
• Employee training sessions that describe methods which employees can use to detect the presence or release of toxic chemicals in the workplace. Employees should also be informed about any existing medical monitoring programs.
• The physical and health hazards associated with the chemicals in their work areas.
• Specific measures of protection from hazards in their work areas to include engineering or administrative methods, and personal protective equipment.
• Specific components of the hazard communication program, including explanations of the facility’s labeling system and the methods employees, can use to obtain hazardous chemical information.

To address and maintain compliance after your hazard communication program has bee instituted, employers should audit their program to track performance and identify deficiencies for immediate correction. Continuous feedback and refresher training are other keys to a successful hazard communication program.

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Prior to a state plan being put into action, the state must develop and submit its proposed program to the secretary of labor for review and approval. The secretary must certify that the state plan’s standards are “at least as effective” as the federal standards and that the state will devote adequate resources and funding to administer and enforce the proposed standards (Id. § 667[c]).

Most state plans contain more-stringent safety standards than the federal OSHA standards. Enforcement activity and penalties are usually considered to be more stringent as well. The secretary of labor has no statutory authority to reject a state plan if the proposed standards or enforcement schemes are more strict than the OSHA standards, but can reject the state plan if the standards are below the minimum limits set under OSHA standards (29 U.S.C § 667). These states are known as ‘state plan’ states and territories. Currently, there are currently 22 state plans covering both the private sector and state and local government workers, and there are six state plans covering only state and local government workers (OSHA, n.d.). Federal OSHA plays virtually no role in direct enforcement.

However, OSHA does possess an approval and oversight role regarding state plan programs. OSHA must approve all state plans prior to enactment. OSHA also maintains oversight authority to revoke the state plan at any time if the program is not achieving the identified and required prerequisites. A popular example of OSHA’s revoking power happened in 1991 after a fire at the Imperial Foods facility in Hamlet, North Carolina. Federal OSHA assumed jurisdiction and control over the state plan program in North Carolina and made significant modifications before returning it to the state’s control.

It is important for safety and risk professionals and their organization to identify and distinguish between a state plan jurisdiction and federal OSH Act jurisdiction. If its facilities or operations are located within a state plan state, the employer must comply with the state plan regulations. Safety and risk professionals should contact each state’s Department of Labor to acquire pertinent regulations and standards. If facilities can be acquired from any area OSHA office or the Code of Federal Regulations.

A common mistake that employers make is when operations are conducted in multiple different locations. Each facility needs to be assessed for which jurisdiction is must fall within and which standards, federal or state, are applicable. For example, consider a company with a corporate headquarters in Delaware and operations in Kentuck, Utah, California, and West Virginia. Facilities in Delaware and West Virginia are under federal OSHA jurisdiction, while operations in Kentucky, Utah, and California are under state plan jurisdiction.

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