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.

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.

Ergonomic Wheel Design Improves Productivity

In our last post we talked about the importance of wheel design in reducing friction. But why is that important? The answer is that any design element that decreases the force that must be exerted by the operator to manipulate a piece of equipment increases efficiency and decreases the risk of potential injury. The result is greater productivity. This is the goal of ergonomic design both in the design of equipment and the environment in which it will be used.

When a wheeled piece of equipment is used, the operator must first overcome inertia and friction. The initial force necessary to start an object in motion is far greater than the sustained force necessary to keep it moving. Once in motion, optimum sustained, or rolling, force is achieved when a steady, constant velocity is achieved. Any need to decrease or increase velocity requires increased force to combat inertia. This is particularly noticeable during turning and maneuvering when significant force must be applied to change direction. Stopping a piece of wheeled equipment requires the same high level of force as starting it. As when accelerating, the operator must overcome high levels of inertia and friction to decelerate.

The four physical elements required to move a piece of wheeled equipment — starting, rolling, turning and stopping — can place tremendous stress on the operator’s musculoskeletal system. If performing these tasks manually, workers frequently overexert and strain muscles while applying the necessary force to start or stop a piece of equipment. Turning and positioning equipment can cause operators to assume asymmetric body postures during exertion which can cause musculoskeletal injury.

Ergonomically designed carts and tugs seek to achieve the optimal wheel size, type, placement and composition to decrease the force an operator must exert to move a piece of equipment.

Pushing vs Pulling Manual Carts

Pushing and pulling are the two most frequent actions workers execute in the course of doing their jobs. So in maneuvering manual carts, which is easier for the worker and creates less risk of injury — pushing or pulling?

Experts say pushing is preferable to pulling for a number of reasons. Research has demonstrated that people are able to exert higher push forces than pull forces. Given that horizontal push force, not the weight of the load or equipment, is the most significant factor in determining the effort required to move a load, that’s a significant consideration in selecting equipment.

Think of what happens to the body when you push something. Your entire body is used to create push force. In pushing an object, your body is more centered which allows you to concentrate force. Limbs are generally held closer to the body, limiting the possibility of extension injuries.

Pulling on the other hand, creates tremendous stress on individual body parts. When you pull an object and you are facing the direction of travel, one arm is stretched behind your body. This places the shoulder and back in awkward postures, increasing the potential for painful injury through overextension or awkward twisting. If you use two hands to pull an object you must have your back to the direction of travel. Walking backwards without a clear view of your path is an invitation to an accident. On an incline momentum can increase unexpectedly and the cart can careen into the worker or “run over” his feet.

There are times when pulling is the only way to maneuver a manual cart into the proper position, but at all other times pulling should be avoided. Pushing is the safer, more ergonomic way to move a manual cart.