Workers Memorial Day - A Second Perspective

This was left as a comment for yesterday's post, it's very much worth reading:

"In the early 1980s, I was a laid off Safety Professional and accepted a job at OSHA as a temporary position (until the recession cooled off.) My passion for the profession, however, only “heated up” after experiencing the "sense of job accomplishment" while working at OSHA -- i.e., through the authority vested to a law enforcement officer to accomplish hazard abatement. This so called temporary job lasted 25 + years because there is no better job than working for OSHA and knowing that you make a difference by improving workplace safety for the American people. OSHA folks can be proud, especially when you know that your quality work and actions saved someone from pain and suffering. This satisfaction is best achieved through inspiring employers and employees to address root causes by implementing effective management systems that manage safety and health.

Conversely, in order to cope with the traumatic job stress involved with catastrophes and fatality investigations, I believe that it is important to know that you did a quality incident investigation inspection. Accurate and verifiable fact finding and evidence gathering by an OSHA investigator is, in my opinion, the most important aspect for the family and friends of the victims.

Last year, I taped a web-cast with Fred Manuele at OTI. With Fred’s 50+ years of experience in the discipline, he personally thanked each and every one of the OSHA folks for doing what they do. Fred emphasized that the Agency, originally named “Our Savior Has Arrived”, has made incredible advances over the decades and that we should keep up the great work.

On this Workers’ Memorial day, when Congress held hearing to improve the Act, may we all pray for those workers’ at risk of serious physical harm. As important, please do not forget all of those who died needlessly and those disabled workers who struggle day-to-day to survive with physical, emotional, and financial troubles caused by a workplace injury or illness."

To steal from the Jimmy V Foundation motto "Don't give up. Don't ever give up." Remember that what we do today will effect others tomorrow, and the day after, and the day after that, and...

Workers Memorial Day

Today is Workers Memorial Day, a day we all recognize as a time to lament the loss of workers throughout the world. There are plenty of rallies and demonstrations out there for you to participate in if you wish, but I use this day to reflect.

Anyone out there who thinks we have one of those cushy government jobs should spend a couple of days with one of us as we do a fatality investigation. It's been a quite few years since I did my first fatality, but my memories of it are as vivid today as they were then. Looking down and realizing I was standing in the blood of a man who was, at that very moment, in the morgue, his wife and child just finding out. They say you never forget your first, and they're right.

I get asked every now and then why I work for OSHA. I get asked by friends and family, employers, employees and once in awhile by people on the street. Some of them ask with curiosity, some with disdain and even a few with respect. I always try to explain, but I'm never very good at it, maybe it's because I lack the words or maybe because there are no words to describe what I've seen. When I was young my father gave me a poster. It showed a beautiful waterfall ending in a deep pool of water surrounded by vegetation and a caption that said "If you do not understand my silence, you will not understand my words."

For me Worker's Memorial Day isn't about rallies and people railing against injustice, for me it is about remembering those past fatality investigations and taking a moment of silence. I hope you understand.

Injury and Illness Rates

I received an e-mail with a few more suggestions on why BLS numbers continue to drop, so check them out and if you have other suggestions let me know and I'll include it on the list.

Follow-up to Comments

I received a couple of comments on my last post that I want to share and comment on. First:

"Many clarifications are needed for the artile on safety and health. The one that most upsets me is that OSHA watches OSHA. If you are VPP Star or attempting such, you are audited by private industry (SGEs). That is correct. And let me tell you - they send the "top guns" to audit you. Safety and health is work both in government and private industry. If you want to be the best you must put forth the extra effort - just like the "outside"!"

I agree that it looks... questionable that OSHA evaluates itself for VPP, but then again I don't think we should be in VPP. VPP is about recognizing those who take safety and health above and beyond, but I think OSHA should do just that, without being recognized for it.

As for sending out the SGE "top guns" I have wonder about that. Under Henshaw we practically gave VPP away. Not including employees in the S&H process? No problem, you're doing everything else, so here's your Star. No respirator program? That's OK, we trust you to write one, so here's your Star. Obviously I'm indulging in a little hyperbole, but not much. There are companies that got into VPP with higher than industry average injury rates. How? By showing they had a good program on paper. Don't misunderstand, I love VPP, but it has to be earned, not bestowed.

"A national OSHA Safety & Health Program is so needed. I have reviewed the regional programs and the Chicago plan is by far the best. “One card does not make a deck.” To the Agencies benefit, some safety & health has already been integrated into directives, but it is not the way to go. Also, OTI addresses CSHO safety in many of their courses. However, it is a start and needs uniformity in terms of policy and procedures.

For example, how many folks know & follow the electrical best practices contained in NFPA 70E? Are all the CSHOs aware that the Construction Directorate incorporated 70E-2004 provisions as national policy (by interpretation letter)? Do CSHOs know these guidelines, including how to follow the arch flash boundary guidelines or that they need to wear FR clothing protective equipment when inside the flash boundary radius? Clearly, OSHA needs to improve with respect to its people being "qualified" to perform electrical inspection and testing activities?

On a positive note, OSHA can utilize experienced staff to develop an overall safety & health program elements – that is, someone other than a Program Analyst or professional without any field experience. The Region 5 program is a start and the Agency should expend resources to accomplish this important endeavor on a national basis."

I'm not sure a big national S&H program for OSHA is the answer. Certainly it doesn't hurt, but most of us have inspected large companies that have numerous work sites and have great written corporate S&H programs, but which aren't being implemented locally (nursing homes are notorious for this). Why? Because the local manager isn't committed to S&H. OSHA is no different than any large organization with numerous locations, the commitment to S&H goes only as far as the AD takes it, which is typically only as far as the RA takes it.

As for the arch flash boundary, I know it exists, but I don't know how far it extends. But then again, I'm and IH and if it takes more than a Woodhead, I'm making a referral. Part of any good S&H program is teaching people what they don't know, so they don't get themselves into trouble. I'm not qualified to inspect a crane, or an electrical junction box, or commerial SCUBA diving, so I won't put myself in those situations.

OSHA's Own S&H

I received a couple of comments on how we deal with our own safety and health. Here's the first comment:

"I agree. I think that we should step up to the plate and demonstrate to employers that we are leaders. Does any one know what our TCIR/MSDs/etc rates are for the field? NO?

We should do everything that is required of the employers that we enforce. I can already hear the naysayers.... don't kid yourselves. We aren't any better (on average) than many companies out there. We're not. Fact.

So, why don't we start focusing this strong enforcement effort on ourselves? Who's with me...????"

Are you nuts? All Federal Agency injury rates are posted (I did a quick Google search and found them). The incident rate for all private industry was 4.2 in 2007. The incident rate for all of the federal government was 4.2 in FY 08. The incident rate for OSHA in FY 08 was 2.1. Yes, one-half the private industry and government rates. In FY 08 we had a total of 19 injuries that had lost time, 19! I've been in places that had that many injuries every week. Our lost time rate was 0.91, for all government it was 1.74 and for private industry it was 2.1. Unfortunately there is no breakdown of the causes of injuries. By the way, we had no fatalities in FY08, in fact, the data goes back to 1998, and we haven't had a fatality in all of that time.

So when the commenter says "We aren't any better (on average) than many companies out there. We're not. Fact." The judges say "Bzztt. Sorry, wrong answer." We are, in fact, better than most companies out there.

The second commenter responded to the first comment with:

"As long as OASAM has jurisdiction over OSHA, forget any real enforcement. They won't do squat. Further DOL is a certified Federal agency with a Safety and Health Committee, meaning that OSHA has no jurisdiction over the agency unless the S&H committee requests an OSHA inspection. Even then, OASAM has no real power and the RA's that won't rat on each other.

Thanks to the NCFLL, they bargained away the regional S&H committees in the last contract negotiations, so in effect, there is only one group running all of the S&H for the entire DOL(the S&H national committee). They are so in the pocket of anything OSHA needs to do that they are useless.

NCFLL you blew it! You gave away safety. You made OSHA and the rest of DOL weak safety organizations. This is to include MSHA.

OSHA will talk about what a great job they are doing in several of the regions, but what real oversite do they have? Anything comperable to what private sector has? The answer is no, and when they claim to be VPP don't believe them. Who is really evaluating their VPP status?

Answer======Other OSHA folks.

Hmmm. Duh they make STAR status VPP."

First, read the Directive: Federal Agency Safety and Health Programs, specifically section H.4. We can, in fact, file a complaint against ourselves. Why anyone would do this is beyond me, but it can be done.

Yes, the agency has a responsibility to protect my safety and health. To that end, I have great equipment, and excellent training. What more can they do? Region 5 requires their CSHOs to hang sampling pumps on themselves whenever they sample employees. Maybe that could be a national policy. Automobile accidents are probably our biggest threat, and certainly that is something that should be addressed. But what more should OSHA do for me?

My question is, where does our responsibility to protect ourselves lie? We expect companies to train their workers in hazard recognition and the controls used to protect themselves, but aren't we already trained? If I inspect a site and review a training record that has my education/training/experience I can guarantee that I would consider that employee adequately trained for almost any job out there.

When it's said that OSHA requires an employer to do this or that, is it really some nebulous concept of the agency or is it the CSHO? The "Agency" isn't doing the inspection, I am. The "Agency" isn't writing the violations, I am. The "Agency" isn't testifying before the ALJ, I am. I tell employers all the time, through citations, what they have to do to protect their employees, how can I, as a CSHOs, not be expected to do the same thing to protect myself?

I have certainly put myself in situations that I shouldn't have been in, situations that my AD would have chewed my ass off for if he knew. But I knew when I did it that it was something I shouldn't be doing, it was a conscious decision. If a CSHO puts themselves in harms way without realizing it, I have to wonder how good their hazard recognition skills really are.