Congress Debates Increasing Fines for Worker Injury, Death

Congress is being urged to increase financial penalties for workplace injuries and deaths, according to congressional testimony reported by McClatchy Newspapers. In last week’s hearing before the U.S. House Education and Labor Committee, workers’ advocate groups squared off against industry safety experts to debate increasing penalties when employers don’t protect their workers against hazardous conditions.

Workers’ advocates pressured the federal government to drastically increase fines and implement possible criminal prosecution for senior executives when workers are killed or seriously injured on the job. “The thought process has to be, ‘If I keep doing this, and I keep letting this happen. … I could go to jail,'” David Uhlmann of the University of Michigan School of Law and a former U.S. Department of Justice official, told the House Committee.

Speaking for the opposing view, a workplace safety attorney who helps businesses figure out how to respond appropriately to U.S. labor laws, recommended more clearly defined labor safety laws and more stringent enforcement of existing penalties for employers who exhibit a “callous disregard” for workers’ safety. “There needs to be a balance,” Lawrence Halprin, a lawyer with Keller and Heckman, told the House Committee, noting that confusing labor regulations often contribute to the creation of workplace hazards.

Last week’s hearing was one more volley in the Congressional debate that is accompanying preparation of anticipated legislation to overhaul the 39-year-old Occupational Safety and Health Act (OSHA). With the Obama administration’s apparent blessing, House Democrats are preparing to give OSHA a new and sharper set of teeth. New regulations being considered would dramatically increase employers’ penalties, increase business owners’ accountability and protect workers who speak out about workplace violations. OSHA penalties have not been updated since 1990, and financial penalties were never indexed to inflation. Current penalties for the injury or death of a worker often total just a few thousand dollars.

“Penalties must be meaningful,” said Rep. George Miller, a California Democrat and chairman of the House Education and Labor Committee. “They must function to deter violations. They must get people’s attention.”

However, some committee members are concerned that their Congressional peers may be unduly swayed by the many stories of personal tragedy that have peppered the hearings. Rep. Tom Price, a Georgia Republican, noting that workplace fatalities have declined since 1994, said, “Sometimes Congress gets emotional and draws the wrong conclusions and makes the wrong laws.” Time will tell what happens here, but you might want to weigh in with your Congressman and tell him how you feel.

ANSI Upholds Construction Ergonomic Standard

The American National Standards Institute recently upheld its adoption of ergonomic standards in the construction industry. Rejecting an appeal by the Construction Industry Employer Coalition to withdraw adoption of the approved voluntary consensus standard on the reduction of musculoskeletal problems (ANSI/ASSE A10.40-2007), ANSI reaffirmed the importance of ergonomic design and safe practices in preventing injuries to construction workers.

The appeal by a coalition of five construction trade associations was the latest attempt to derail the ANSI standard approved last year. The coalition first appealed the ergonomic standard during hearings held in May 2007. An appeals panel found those complaints to be without merit, a decision supported by the American Society of Safety Engineers, and the standard was formally approved on July 23, 2007. Shortly thereafter, the coalition filed the formal appeal that was just rejected.

“We are pleased with ANSI Board of Standards Review’s decision to uphold the approval and publication of the A10.40 standard, said ASSE VP James Smith, CSP.” At ASSE we are committed to the protection of people, property and the environment and this standard is an excellent step in protecting workers from injury and in helping to create safer and more healthy workplaces.”

“National consensus standards, such as A10.40, reflect the insights of the final users and the opinions of professionals who work at all levels of public and private sectors in technology development, safety and health, manufacturing, training, financial analysis, personnel and academia,” said A10 Committee Chair Richard King, CSP, CRSP. “This balanced perspective enables standards to be crafted in a manner that benefits and protects standard users.”

Managing a Multicultural Workforce

America’s workforce is becoming increasingly multicultural. At this year’s MHEDA convention, keynote speaker Steven Little predicted that changing demographics will redefine material handling workers and change the way we do business. As Baby Boomers retire and the U.S. workforce shrinks, industry will need to turn increasingly to foreign and immigrant workers. Within a decade, Little said, Spanish will be the primary language spoken in 20% of U.S. homes. Overcoming the language and cultural barriers presented by a multicultural workforce is expected to present a significant challenge for many industries, including material handling, warehousing and logistics operations.

As they have since the founding of America, immigrants bring with them a wealth of diverse languages, cultural traditions and customs. However, communication, productivity, and worker morale can suffer when differences are not addressed. This problem is already being experienced by businesses in the West and Southwest who employ Hispanic workers. Hispanics are one of the fastest-growing groups in the U.S. workforce. Unusually high injury rates and on-the-job deaths among foreign-born Hispanic workers prompted business owners to ask OSHA for help. In response OSHA is starting to offer classes on the social hierarchy of Latino and Asian cultures, both of which are more highly structured and rigid than American culture.

Accommodating the language, customs and social structure of foreign workers is necessary if immigrant workers are to be effectively integrated into the U.S. workforce. Material handling, logistics and warehousing firms that are proactive in accommodating language and cultural differences into their workplace routine will be able to profit from the increasing diversity of America’s workforce.

Michigan Proposes Ergonomic Regs to Curb Injuries

In response to concern about workplace injuries, Michigan plans to institute new state regulations targeting repetitive-stress job injuries. Under the proposed rules, employers would be required to offer ergonomic training and work to correct reported injuries. State regulators would have the power to punish employers for repeated worker injuries. Critics are concerned that the rules will place another financial burden on Michigan’s already struggling economy.

California is the only other state with similar regulations, despite the fact that repetitive-stress job injuries are estimated by OSHA to cost America more than $20 billion annually, or about one-third of the total workers’ compensation costs paid by employers. “It’s a significant issue, even though the standard is fairly minimal,” said Doug Kalinowski, director of MIOSHA. “It’s been very contentious.”

In 2001, repetitive-stress injury regulations proposed by federal regulators were estimated to cost employers $5 billion. Those regulations were blocked by Congress. Michigan’s Small Business Association is concerned that the costs of training and reporting procedures will place a significant burden on small businesses and make it harder for them to compete nationally. Larger companies that have ergonomics programs in place would be exempted under the proposed rules.

Manufacturers are similarly concerned. “It’s a pretty broad issue and there are a lot of costs involved,” noted Amy Show of the Michigan Manufacturers Association. “We don’t know what true costs are going to be until we know how strict the department is going to be in enforcing this.”

The proposed rules would only apply to general industry. Construction, agriculture, mining and domestic employment are specifically excluded. But the construction industry and labor representatives believe that if the rules are adopted, it will only be a matter of time before they are expanded to include construction. “There are many within the building trades, or ironworkers, that suffer from repetitive-motion injuries,” said William Borch, president of Ironworkers Local 25 in Saginaw, Michigan and one of the labor representatives who reviewed the proposed rules.

“The problem is that … these types of injuries are not an imminent danger [to life], even though they can be career-ending types of injuries and cause long-term pain and suffering,” Borch said. Considering the risk to workers, Borch felt the proposed rules provided minimum standards. “It doesn’t seem like a lot to ask,” he said.

Advocates of the proposed rules argue that the implementation of ergonomics creates a safer work environment, increases productivity, minimizes downtime and decreases workers’ compensation costs — all formidable inducements to embracing ergonomics.

Ergonomic Scissor Lifts You Can Use Safely

In addition to its industrial uses, the scissor lift has been in the news this year for its role in charitable endeavors. In some cities, scissor lifts are being used to store good donated for families in need. And in Washington state, a veteran spent eight days living on a scissor lift “to raise money and awareness for homeless veterans.” His efforts brought in $4,000 and at the end he said was glad to back down on the ground again.

A scissor lift can take people to heights they would not be able to reach on their own. The key is making sure that a person can both be lifted and get back down safely. It is one thing to watch someone being lifted on or using a scissor lift but another thing entirely to be the one entrusting your safety to a manufacturer and your coworkers. We have made many different sizes and shapes of mobile electric lift tables for various applications that, when combined with our PartsCaddy mobile platform truck, eliminate the manual pushing of pulling of these tables with loads on them. And with our mobile electric lift you get 16 hours of continuous use batteries—plenty of battery life to usually last two shifts.

DJ Products offers industrial ergonomic material handling electric carts, including pushers, pullers, and equipment industry that eliminate the strain of manually pulling heavy products, parts carts, or wheeled equipment, or eliminate a bulky, expensive lift truck. You can count on us for:

• Carts with casters
• Carts with 4-swivel casters or wagon-wheel style of turning
• Carts in a straight line
• Platform Trucks & Scissor Lifts