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Implementing a Safety Culture for Company Drivers

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Organizations with a safety policy in place for drivers of company vehicles may believe they are protected from liability in case of an accident. What they may not realize, however, is their defense could hinge on documentation of steps they have taken to ensure that the policy is being followed by employees, according to the study, Creating a Safety Culture: Moving from politics to habits, by SambaSafety.

The study found that, regardless of the policy in place, “simply saying that you didn’t know about poor driving behavior will no longer cut it – not when people’s lives and companies’ well-being are at stake.

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With the data readily available today, the courts are sure to ask how you didn’t know.

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To implement a successful program, it is important for employees to understand that the company’s policies must be followed by employees at all levels. “If someone in senior management breaks the rules and suffers no aftereffect, what’s the motivation for others to keep things in line?” the study asks.

Additionally, safety policies are not limited to employees whose primary responsibility is driving, or to those who drive company-owned or leased vehicles. According to the study:

Employee-owned or rented vehicles that are used for work-related journeys also must be part of the equation. To decrease liability (in addition to improving safety), policies should clearly state this fact and affirm that the same safe behavior is expected of every driver in the organization – on and off the job.
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That behavior might include non-distracted driving, for example, or even properly maintaining a personal vehicle used for company business to ensure safety and a positive refection of the organization.

Employees need to know that their employer can be held responsible for anything that happens while employees are conducting company business.

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Organizations also need to see that reimbursed drivers have adequate insurance, as well as administering signed driver agreements, providing uniform driver training – and ensuring that all drivers’ behavior and records are continuously monitored.
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To move into a safety culture, SambaSafety advises organizations to keep their program in line with company principles, values and brand. Also important is working with the company’s existing culture:

Employees in a high-energy, competitive environment, for example, may enjoy contests between regions vying for the safest driving records. In a top-down culture, on the other hand, employees might respond best to regular tips and reminders from respected senior leaders.

In any case, clear communication can keep drivers from feeling micromanaged or worrying about their privacy and personal information. It can also mean fewer accidents and a higher level of safety for employees.

Moving Employees Safely is Critical in Oil & Gas Industry

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oil-rigs
The oil, gas and marine industry has always teetered on the brink of unfortunate circumstances. Oil rigs and oil tankers, by the very nature of their massive size and exposure to the elements, are susceptible to myriad dangers. And when those risks materialize, the safety of the men and women operating these maritime behemoths must take top priority.

In the case of a hurricane, energy giant Shell Oil says it begins evacuating non-essential personnel from offshore platforms and drilling rigs, starting with sites closest to the hurricane’s anticipated path. Like Shell, most of the larger oil companies have evacuation down to a science, particularly during hurricane season. In many cases the evacuation from oil rigs or oil tankers is highly manageable, with no more than a few dozen people having to be transported at times. Thus, in most cases, the evacuees can simply grab a taxi, book themselves into a hotel room, or make other similar accommodations.

But what happens when the evacuation is so immense that you are suddenly relocating thousands of workers to the nearest mainland?

In October 2014, with the threat of a cyclone ready to batter the Gulf of Mexico, Mexico’s state oil company, Pemex, evacuated 15,000 workers from more than 60 platforms in the Gulf of Mexico—all with the need to be transported and lodged.

Anticipating worst case scenarios is a prerequisite. Although travel by executives at the C-suite level in these types of companies is handled with the highest priority, to deal with the constant movement of lower-level workers, many companies enlist the services of travel management companies to coordinate getting personnel from land to rigs, tankers, drills and pipelines and back. This massive orchestration includes coordinating accommodations, lodging, weather alerts, translation services and other types of ticketing.

Certain industries, such as oil and gas, need to send employees to work in the world’s “hot zones.” According to a USA Today report, three Americans were among 38 workers killed in the 2013 siege of an Algerian gas plant in which Islamic terrorists used hostages as human shields after their attempted mass kidnapping for ransom went awry. Seven U.S. citizens survived the attack. This illustrates that the need to move crews swiftly isn’t always at the mercy of weather conditions. This is where a real-time knowledge of the current political climate is necessary, including the best exit points, and how to travel safely within those countries should the need to evacuate a facility arise.

Other times the challenge includes getting workers from a major airport to a remote location—perhaps where a helicopter undertakes the last leg of the trip out to the site. Oil and gas industry travelers also need to realize that the flight on a major airline to get into a somewhat unstable country isn’t the problem; it’s traveling within the country, where options are often very limited.

Fortunately, the recent boom in technology has helped make personnel travel safer, as they can now receive electronic alerts regarding risks such as natural catastrophes, labor strikes, and changes in flight schedules.

There is the potential for a number of problems to arise when operating these marine locations, both weather-related and man-made. And the cost of finding solutions to these situations can often be crippling and costly to a business, both in terms of valuable staff time wasted as well as the difficulty in finding the time or the resources to source viable, inexpensive travel alternatives.

Employer Accountability Targeted by Osha and DOJ

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Safety harness
OSHA and the Department of Justice (DOJ) formally agreed to team their investigations and prosecute worker endangerment violations on Dec. 17, 2015. While the agencies have worked together in the past, this is now a formal arrangement which employers should be very concerned about, especially those with something to hide. Facing OSHA is bad enough, but it’s a walk in the park compared to tangling with the Department of Justice.

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“On an average day in America, 13 workers die on the job, thousands are injured, and 150 succumb to diseases they obtained from exposure to carcinogens and other toxic and hazardous substances while they worked,” said Deputy Attorney General Sally Quillian Yates in a memo sent to all 93 U.S. Attorneys across the country. “Given the troubling statistics on workplace deaths and injuries, the Department of Justice is redoubling its efforts to hold accountable those who unlawfully jeopardize workers’ health and safety.”

Deputy Yates urged federal prosecutors to work with the DOJ in pursuing worker endangerment violations. The worker safety statutes provide only for misdemeanor penalties. Prosecutors, however, are now encouraged to consider utilizing Title 18 and environmental offenses, which often occur in conjunction with worker safety crimes, to enhance penalties and increase deterrence. Title 18 of the United States Code is the criminal and penal code of the federal government, dealing with federal crimes and criminal procedure.

This cooperation could lead to hefty fines and prison terms for employers and individuals convicted of violating a number of related laws.

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For example, the owner of a roofing company may go to prison for up to 25 years in connection with the death of one of his workers who fell off of a roof. Not only did the worker not have the required fall protection equipment, but the owner then lied to OSHA inspectors.

James McCullagh, owner of James J. McCullagh Roofing Inc. of Philadelphia, pleaded guilty in federal court to six charges in connection with the death of Mark Smith in June 2013. Smith fell 45 feet from a roof bracket scaffold while repairing the roof of a church in Philadelphia.

McCullagh pleaded guilty to one count of willfully violating an OSHA regulation causing death to an employee (failing to provide fall protection equipment) and four counts of making false statements. He admitted lying to investigators that he had provided safety gear and harnesses to his employees when, in fact, he hadn’t.

McCullagh also admitted to telling an OSHA inspector he had seen his employees in harnesses and tied off earlier on the day Smith fell to his death. McCullagh pleaded guilty to one count of obstruction of justice for instructing workers to tell OSHA investigators that they had safety equipment when they did not. He was sentenced in March 2016 to 10 months in prison as well a one year of supervised release and a $510 special assessment.

“No penalty can bring back the life of this employee,” said OSHA chief David Michaels, “but the outcome, in this case, will send a clear message that when employers blatantly and willfully ignore worker safety and health responsibilities, resulting in death or serious injury to workers, or lie to or obstruct OSHA investigators, we will pursue enforcement to the fullest extent of the law, including criminal prosecution.”

While criminal prosecution in worker fatalities is still a rarity, the likelihood of charges being brought increases when there is suspicion of lying to OSHA or other federal officials.

This partnership has been brewing for a while, as the Justice Department has tried to use the nation’s tougher environmental statutes to bring stronger prosecutions of workplace safety violations by focusing on companies that put workers in danger.

OSHA has placed emphasis on criminal enforcement of workplace safety violations recently by referring more cases to the Department of Justice and U.S. Attorneys offices for criminal prosecution. They referred or assisted with the criminal prosecution of 27 cases in fiscal year 2014—the highest ever in OSHA history.

What can an employer do to avoid the double team? They first need a strong offense by recognizing that under the OSHA Act, they are responsible for providing a safe and healthful workplace. Second, they must know that OSHA’s mission is to assure safe and healthful workplaces by setting and enforcing standards. They also provide training, outreach, education and assistance.

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OSHA inspections can be conducted without advance notice, on-site or by phone by highly trained compliance officers. Their priorities are imminent danger; catastrophes and fatalities; worker complaints; targeted inspections due to high injury or illness rates; and severe violators as well as follow-up inspections.

One of the errors many employers make is waiting too long to put an effective program in place. They risk a huge fine, being placed on the Severe Violators Enforcement list, or even jail. Before OSHA shows up, companies need to establish good safety and health programs with four essential elements:

  • Management Commitments and Employee Involvement. The manager or management team must lead the way by setting policy, assigning and supporting responsibility, setting an example and involving employees.
  • Worksite Analysis. The worksite is continually analyzed to identify all existing and potential hazards.
  • Hazard Prevention and Control. Methods to prevent or control existing or potential hazards are put in place and maintained.
  • Training for Employees, Supervisors and Managers. Managers, supervisors, and employees are trained to understand and deal with worksite hazards.

“Every worker has the right to come home safely. While most employers try to do the right thing, we know that strong sanctions are the best tool to ensure that low road employers comply with the law and protect workers lives,” said Assistant Secretary for Occupational Safety and Health Dr. David Michaels. “More frequent and effective prosecution of these crimes will send a strong message to those employers who fail to provide a safe workplace for their employees.

We look forward to working with the Department of Justice to enforce these life-saving rules when employers violate workplace safety, workers’ health and environmental regulations.”

That’s why it is important to have a living, targeted safety program, versus one copied from another employer or one quickly downloaded from a website. OSHA inspectors can quickly determine if a program is real or just a binder on a shelf.

Given the formal partnership with OSHA, the Justice Department’s renewed focus on prosecuting individuals, company executives, managers, and supervisors for workplace safety violations, organizations should note the enhanced risks, and implement measures to stay in the clear and keep their workers safe.

Protect Outdoor Workers from Extreme Cold

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During this winter’s extreme cold spells, caused by a polar vortex creating frigid temperatures, workers are at added risk of cold stress. Increased wind speeds can cause air temperature to feel even colder. This increases the risk of cold stress for those working outdoors—including snow cleanup crews, construction workers, postal workers, police officers, recreational workers, firefighters, miners, baggage handlers, landscapers and support workers for the oil and gas industry.

The U.S. Department of Labor notes that what constitutes extreme cold and its effects can vary across the country. In regions that are not used to winter weather, for example, near freezing temperatures are considered “extreme cold.” Because a cold environment forces the body to work harder to maintain its temperature, as temperatures drop below normal and wind speeds increase, heat can leave the body more rapidly.

Wind chill is the temperature felt by the body when air temperature and wind speed are combined. For example, when the air temperature is 40°F, and the wind speed is 35 mph, the effect on exposed skin like an air temperature of 28°F.

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Cold stress can occur when the skin temperature goes down and the internal body temperature (core temperature) drops. This can lead to serious health problems and also cause tissue damage and possibly death. Exposed workers are vulnerable to hypothermia, frostbite and trench foot, the DOL said.

Some risk factors that contribute to cold stress are:

  • Wetness and dampness, dressing improperly and exhaustion
  • Predisposing health conditions such as hypertension, hypothyroidism and diabetes
  • Poor physical conditioning

The DOL recommends that employees working in frigid temperatures avoid alcohol, smoking and some medications to help minimize risks.

The best way to avoid cold stress is by wearing proper clothing. The type of fabric makes a difference as well. For example, cotton loses its insulation value when it becomes wet, while wool, silk and most synthetics retain their insulation even when wet.

Here are some clothing tips for workers in cold environments:

• For better insulation wear at least three layers of clothing: An inner layer of wool, silk or synthetic to wick moisture away from the body; a middle layer of wool or synthetic to provide insulation even when wet; and an outer wind and rain protection layer that allows some ventilation to prevent overheating.  Avoid tight fitting clothing.

• Wear a hat or hood to help keep the entire body warm.

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Hats reduce the amount of body heat that escapes from the head.

• Wear insulated boots or other appropriate footwear.

• Keep extra clothing (including underwear) handy in case clothing gets wet.

• Do not underestimate the wetting effects of perspiration. Venting of the body’s sweat and heat can be more important than protection from rain or snow, according to the DOL.

The Occupational Safety and Health Administration (OSHA) also issues guidelines. For example, because it is easy to become dehydrated in cold weather, employers can provide warm sweetened liquids to workers. Additionally:

• If possible, schedule heavy work for the warmer part of the day. Assign workers to tasks in pairs so that they can monitor each other for signs of cold stress.

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• Allow workers to interrupt their work if they are extremely uncomfortable.

• Give workers frequent breaks in warm areas.

• Acclimatize new workers and those returning after time away from work by gradually increasing their workload. Also allow more frequent breaks in warm areas to help them build tolerance for working in the cold environment.

These and other safety measures should be incorporated into the organization’s health and safety plan.