Tag Archives: workplace safety

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Marijuana’s Cost to Employers

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With the adoption of more state laws to legalize marijuana, employers will face challenges to protect their employees from injury and to comply with federal requirements to maintain a drug-free workplace.

Employers also face potentially costly litigation as case law surrounding legal marijuana develops, according to the Quest Diagnostics whitepaper “What Will ‘Legal’ Marijuana Cost Employers?”

Marijuana-workplace

Quest reports that medical marijuana legalization brought forth a new phenomenon: the production of marijuana-infused foods and gadgets, which presents a special problem for employers. Today, nearly half of marijuana users in states where it is legal consume marijuana by eating it rather than smoking it. In addition, vape pens, which are like e-cigarettes but contain capsules of concentrated marijuana oils, leave no marijuana smell and are impossible to tell apart from e-cigarettes. These two modes of consumption will make it more difficult, if not impossible, for employers to tell when employees are using marijuana on the job.

As marijuana use increases, so will workplace injuries, accidents, mistakes, and employee illnesses, escalating the costs of companies’ liability, workers’ compensation and health insurance.

Questions companies should ask include:

  • Will employers have to accommodate marijuana use in their workplaces? A closely watched case. Before the Colorado Supreme Court will establish, at least in Colorado, whether employees can use marijuana off the clock even if they may be impaired the next day.
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  • Must employers pay for employees’ medical marijuana if they are injured on the job? By allowing a court of appeals decision to stand, the New Mexico Supreme Court finds that the answer is yes.
  • Will the use of legal cannabinoids like delta 8 THC be allowed in the workplace?
  • What does increased adolescent marijuana use portend for the future workforce? Research shows that compared to nonusers, teens who smoke marijuana on weekends over a two-year period are six times more likely to drop out of high school, three times less likely to enter college, and four times less likely to earn a college degree?
  • How can employers meet federal requirements to maintain a drug-free workplace if states require proof of impairment rather than the presence of marijuana in the body when no level of impairment has been scientifically established and no noninvasive test to denote impairment has been developed?
  • If courts hold that drug testing is no longer a valid indicator of impairment, how can employers whose businesses involve driving or other safety-sensitive positions protect their workers and the public from injuries and deaths cause by stoned drivers?
  • What if courts hold that failing a pre-employment drug test is no longer a valid reason to deny employment to applicants?

There are, however, steps employers can take to protect themselves:

1) Stay up-to-date with the changing legal landscape and adjust workplace policies accordingly.

2) Remember that marijuana is still illegal under federal law.

3) Join other employers to monitor state legislation and take action with legislators to ensure workplace protections are included in any marijuana laws.

4) Educate your workforce about the dangers marijuana poses to children, families and the workplace.

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5) Challenge the notion that marijuana is medicine, or risk paying for it in your health insurance program. No marijuana medicines being sold in states that legalized them have been approved by FDA as pure, safe, or effective.

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Doctors cannot prescribe them and pharmacies cannot sell them.

FM Global Teaches Explosive Safety Lessons

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FM Global Fire Hazard Lab

This week, I ventured up to West Glocester, Rhode Island, home of the coolest place any insurance broker, insurance client, or risk management journalist can visit: the FM Global Research Campus.

Hurricane Force Wind Simulation

Because FM Global is intently focused on prevention of loss as the chief means of minimizing claims, the company maintains a 1,600-acre campus dedicated to property loss prevention scientific research. The biggest center of its kind, the research center features some of the most advanced technology to conduct research on fire, natural hazards, electrical hazards, and hydraulics. Here, experts can recreate clients’ warehouse conditions to test whether existing suppression practices would be sufficient in the event of a massive fire, for example.
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Fabricated hail or seven-foot 2x4s are shot from a cannon-like instrument at plywood, windows, or roofing to test whether these materials can withstand debris that goes flying in hurricane-strength winds. Hydraulic, mechanical and environmental tests are conducted on components of fire protection systems, like sprinklers, to ensure effectiveness overall and under the specific conditions clients face. Further, in cases where there were not sufficient loss prevention solutions, the company’s scientists and engineers have even designed and patented new, more effective sprinklers and other loss prevention technology, the rights to which are released so anyone can manufacture these improved safety measures.

Fire is the leading cause of loss in every calendar year, and watching a pile of plastic pallets ignite into a 60-foot fire while you feel the radiant heat through the glass of the lab’s observation deck is a powerful reality check for anyone evaluating risk exposure in their facility. As you watch the pallets melt, forming a plastic pool that also catches fire and spreads, you see the fire double in size every 45 seconds. If your strategy is primarily to rely on the local fire station, the researchers note, a minimal response time, assuming decent proximity, no traffic or inclement weather, and full staffing, would probably be at least five to 10 minutes. It only took seven minutes for their sample fire to reach almost three stories high, flickering around the edges of the massive ceiling-mounted calorimeter (which measures heat and the particles and smoke released).

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One of the most striking demonstrations comes in the form of a dust explosion. Whether released through product manufacturing, a byproduct of processing, or simply lazy housekeeping, a wide variety of dusts can fill the air in many facilities. Flour, sugar, metal dust, wood and resin are all highly flammable and exceptionally common.

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To cause an explosion, you simply need a few conditions: fuel (the dust), oxygen, ignition, suspension (in other words, the dust has not settled, increasing the surface area), and a confined space (ie. inside the facility, the dust stays in the environment). What happens then? Check out the video below for a slow-motion look at the explosion that results from just a hard hat full of phenolic resin.

World Safety Day Spotlights Workplace Accidents

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Today is World Safety Day. Supported by the International Labour Organization, the campaign is intended to focus international attention on how to create a safety and health culture in the workplace and help reduce the number of work-related deaths and injuries. UL Workplace Health & Safety created the following infographic, in order to help spotlight the scope of the problem:

 

How Retailers Can Better Mitigate Black Friday Risks

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Black Friday Shopping Risks

With the biggest shopping events of the season, retailers face tremendous amounts of both risk and reward as sales and door-busters draw in eager consumers all week. In 2013, Thanksgiving deals brought in 92.1 million shoppers to spend over $50 billion in a single weekend, the National Retail Federation reports.

The National Retail Federation issued crowd management guidelines for retailers and mall management officials to use when planning special events, including Black Friday, product launches, celebrity appearances and promotional sales. General considerations to plan for and curtail any crowd control issues include:

  • Remind and retrain all employees about your store’s emergency protocols to address potential risks facing employees and customers.
  • Dedicate knowledgeable employees to communicate and manage crowds, from arrival to departure, and resolve any potential conflicts that may arise.
  • Strategically place sale items throughout the store to help disperse crowds and manage traffic flow.
  • Request the assistance of local law enforcement if large crowds are expected and arrange for additional security services.
  • Educate employees about relevant policies and procedures and advise them who to contact in the event of a situation.

Last week, the U.S. Department of Labor’s Occupational Safety and Health Administration also issued a public letter to retailers urging companies to plan ahead for better in-store safety for both employees and customers. According to OSHA’s “Crowd Management Safety Guidelines for Retailers,” crowd management plans should, at least, include:

  • On-site trained security personnel or police officers
  • Barricades or rope lines for pedestrians that do not start right in front of the store’s entrance
  • The implementation of crowd control measures well in advance of customers arriving at the store
  • Emergency procedures in place to address potential dangers
  • Methods for explaining approach and entrance procedures to the arriving public
  • Not allowing additional customers to enter the store when it reaches its maximum occupancy level
  • Not blocking or locking exit doors

Brick-and-mortar retailers are not the only ones at greater risk. Companies that operate call centers must also be prepared for a drastic increase in customer inquiries and purchases. According to communications intelligence firm Cognia, 69% of U.S. contact centers carry out credit card payments over the phone and 84% record calls, making their archives particularly vulnerable to potential breaches.

“The first thing to highlight with respect to call center compliance at peak times is that this pressure is unlikely to create new issues, but will amplify existing ones. Attackers / threat actors (the bad guys) will also be aware that this is the time at which procedures are most likely to slip, and social engineering vulnerabilities that have previously been identified can be exploited,” said Tom Evans, Cognia’s chief security officer.

“There are challenges but, from a risk perspective, there is also an opportunity to fine-tune the risk management system under pressure. At these peak times, issues will be visible that would go undetected during business as usual operation,” Evans noted. “There is an opportunity to be proactive and to use the pressure around these peak sales times to identify bad practice that, during less pressured periods, is probably limited to one or two individuals or occasional occurrences, and therefore very hard to spot. Even the most dependable employee under the pressure on big queues may resort to a shortcut to get the job done. Identifying these means that controls can be put in place to prevent them being used again, and therefore the overall risk management position improved.”

To improve security and PCI compliance, Evans recommends that companies focus on areas that have lower security controls overall. For example, seasonal employees, over-spill call centers, and work at home agents may all be components of a contingency plan for peak periods that introduce vulnerability that can be mitigated.