SAFETY vs COMPLIANCE Friends or Foes  Richard H Black RHB Training and Consulting Services

SAFETY vs COMPLIANCE Friends or Foes Richard H Black RHB Training and Consulting Services PowerPoint PPT Presentation


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Keeping Employees Safe Why we do what we do? 1. It's the Law! 2. It's Cost Effective! 3. It's our Job! 4. It's RIGHT!. RHB TRAINING AND CONSULTING SERVICES. . . 13th PSU Seminar. Keeping Employees Safe Doing the Right Thing, Because, It's the Right Thing to do! . RHB TRAINING AND CONSULTING SERVICES.

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SAFETY vs COMPLIANCE Friends or Foes Richard H Black RHB Training and Consulting Services

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1. SAFETY vs COMPLIANCE Friends or Foes Richard H Black RHB Training and Consulting Services reference Confined Space Bookletreference Confined Space Booklet

2. Keeping Employees Safe Why we do what we do? 1. It’s the Law! 2. It’s Cost Effective! 3. It’s our Job! 4. It’s RIGHT! reference Confined Space Bookletreference Confined Space Booklet

3. Keeping Employees Safe Doing the Right Thing, Because, It’s the Right Thing to do! reference Confined Space Bookletreference Confined Space Booklet

4. Keeping Employees Safe Why we do what we do? It’s RIGHT to save lives. It’s RIGHT to prevent accidents. It’s RIGHT to do your best. It’s RIGHT to care. reference Confined Space Bookletreference Confined Space Booklet

5. Doing the Right Things Unconditional support by upper mgmt. Total worker involvement Sensible policies, rules, regulations Appropriate disciplinary policies Documented job expectations Effective training Safety audits Accident investigation Root cause analysis Take action on findings reference Confined Space Bookletreference Confined Space Booklet

6. Doing the Right Things CARE!!! reference Confined Space Bookletreference Confined Space Booklet

7. Safety - Motivations 1. Protect life! 2. Promote safety! 3. Protect health! 4. Prevent accidents! reference Confined Space Bookletreference Confined Space Booklet

8. Keeping Employees Safe Why we do what we do? 1. It’s the Law! reference Confined Space Bookletreference Confined Space Booklet

9. The Law Requires It CFR 30 56.1 & 57.1 “The purpose of these standards is the protection of life, the promotion of health and safety, and the prevention of accidents.” reference Confined Space Bookletreference Confined Space Booklet

10. Mining Deaths per 1000 Employees 1900-2009 (per MSHA data) reference Confined Space Bookletreference Confined Space Booklet

11. Mining Deaths per 347,582 Employees 1900-2009 (per MSHA data) reference Confined Space Bookletreference Confined Space Booklet

12. Mining Deaths per 1000 Employees 1990-2009 reference Confined Space Bookletreference Confined Space Booklet

13. Mining Deaths per 347,582 Employees 1990-2009 reference Confined Space Bookletreference Confined Space Booklet

14. Coal Mine Incidence Rate 1931-2007 reference Confined Space Bookletreference Confined Space Booklet

15. All Mining Incidence Rate 1973-2007 reference Confined Space Bookletreference Confined Space Booklet

16. Coal Mine Incidence Rate 1931-2007 reference Confined Space Bookletreference Confined Space Booklet

17. Coal Mine Fatalities and Incidence Rate reference Confined Space Bookletreference Confined Space Booklet

18. Coal Mining Productivity by Decade reference Confined Space Bookletreference Confined Space Booklet

19. Incidence Rate vs Productivity reference Confined Space Bookletreference Confined Space Booklet

20. Fatalities vs Productivity reference Confined Space Bookletreference Confined Space Booklet

21. Coal Mining Productivity 1931-2007 reference Confined Space Bookletreference Confined Space Booklet

22. Coal Production 1931-2007 reference Confined Space Bookletreference Confined Space Booklet

23. Coal Mining Hours 1931-2007 reference Confined Space Bookletreference Confined Space Booklet

24. The Historical record indicates: 1. Fatality and incident rates have improved (decreased) continuously since 1900, before and after periods of new regulations. 2. Productivity has increased continuously since at least 1931, except during the period 1970 - 1979. 3. Where does that leave us now? reference Confined Space Bookletreference Confined Space Booklet

25. 1977 Mine Act SEC. 2. Congress declares that- (a) the first priority and concern of all in the coal or other mining industry must be the health and safety of its most precious resource--the miner; reference Confined Space Bookletreference Confined Space Booklet

26. 1977 Mine Act (d) the existence of unsafe and unhealthful conditions and practices in the Nation's coal or other mines is a serious impediment to the future growth of the coal or other mining industry and cannot be tolerated; reference Confined Space Bookletreference Confined Space Booklet

27. 1977 Mine Act (e) the operators of such mines with the assistance of the miners have the primary responsibility to prevent the existence of such conditions and practices in such mines; reference Confined Space Bookletreference Confined Space Booklet

28. 1977 Mine Act (g) it is the purpose of this Act (1) to establish interim mandatory health and safety standards … and to promulgate improved mandatory health or safety standards to protect the health and safety of the Nation's coal or other miners; reference Confined Space Bookletreference Confined Space Booklet

29. 1977 Mine Act (g) (2) to require that each operator of a coal or other mine and every miner in such mine comply with such standards; reference Confined Space Bookletreference Confined Space Booklet

30. Standards Promulgated “The purpose of these standards is the protection of life, the promotion of health and safety, and the prevention of accidents.” from CFR 30 56.1 & 57.1 reference Confined Space Bookletreference Confined Space Booklet

31. 1977 Mine Act SEC. 103. (a) Authorized representatives of the Secretary … shall make frequent inspections and investigations … for the purpose of: (1) obtaining, utilizing, and disseminating information relating to health and safety conditions, the causes of accidents, and the causes of diseases and physical impairments originating in such mines, (2) gathering information with respect to mandatory health or safety standards, reference Confined Space Bookletreference Confined Space Booklet

32. 1977 Mine Act SEC. 103. (a) Authorized representatives of the Secretary … shall make frequent inspections and investigations … for the purpose of: (3) determining whether an imminent danger exists, and 4) determining whether there is compliance with the mandatory health or safety standards or with any citation, order, or decision issued under this title or other requirements of this Act. reference Confined Space Bookletreference Confined Space Booklet

33. 1977 Mine Act SEC. 103. In carrying out the requirements of clauses (3) and (4) of this subsection, the Secretary shall make inspections of each underground coal or other mine in its entirety at least four times a year, and of each surface coal or other mine in its entirety at least two times a year. reference Confined Space Bookletreference Confined Space Booklet

34. Compliance - Motivations (Originally) 1. Protect life. 2. Promote safety. 3. Protect health. 4. Prevent accidents. 5. Cost avoidance (cost of citations). 6. Avoid prosecution. 7. Promote labor relations. reference Confined Space Bookletreference Confined Space Booklet

35. MSHA Violations 2000-2008 reference Confined Space Bookletreference Confined Space Booklet

36. MSHA Penalties Assessed 2000-2008 reference Confined Space Bookletreference Confined Space Booklet

37. $ Assessed/Employee 2000-2008 reference Confined Space Bookletreference Confined Space Booklet

38. Compliance - Motivations (Currently) 1. Cost avoidance (cost of citations). 2. Avoid prosecution. 3. Promote labor relations. 4. Protect life. 5. Promote safety. 6. Protect health. 7. Prevent accidents. reference Confined Space Bookletreference Confined Space Booklet

39. Violation? 30 CFR § 56.12019 Access to stationary electrical equipment or switchgear. reference Confined Space Bookletreference Confined Space Booklet

40. Violation? 30 CFR § 56.12019 Access to stationary electrical equipment or switchgear. Inspector: YES. The supervisors office has access blocked to the 120 to 240 Volt switchgear/breaker box. This condition exposes persons to an electrical shock permanently disabling injury hazard. Result: NO. Citation vacated through conferencing. Was there intent to violate or to place miners in danger? reference Confined Space Bookletreference Confined Space Booklet

41. Violation? reference Confined Space Bookletreference Confined Space Booklet

42. Violation? Obviously YES. Overt attempt to circumvent both safe work practice and legal safety standards Was there intent to violate or place employees in danger? reference Confined Space Bookletreference Confined Space Booklet

43. Violation? 30 CFR § 56.12019 Access to stationary electrical equipment or switchgear. reference Confined Space Bookletreference Confined Space Booklet

44. Violation? 30 CFR § 56.12019 Access to stationary electrical equipment or switchgear. Inspector: YES. The Truck Shop Office has access blocked to the energized 240-Volt breaker box/switchgear. This condition exposes persons - an electrical shock permanently disabling injury hazard. Result: NO. Citation vacated through conferencing. Was there intent to violate or place employees in danger? reference Confined Space Bookletreference Confined Space Booklet

45. Violation? reference Confined Space Bookletreference Confined Space Booklet

46. Violation? Obviously YES. Overt attempt to circumvent both safe work practice and legal safety standards Was there intent to violate or place employees in danger? reference Confined Space Bookletreference Confined Space Booklet

47. Violation? 30 CFR § 56.20013 Waste receptacles. Receptacles with covers shall be provided at suitable locations reference Confined Space Bookletreference Confined Space Booklet

48. Violation? 30 CFR § 56.20013 Waste receptacles. Receptacles with covers shall be provided at suitable locations Inspector: YES. Receptacles with covers shall be provided at suitable locations and used for the disposal of waste food and associated materials. They shall be emptied frequently and shall be maintained in clean and sanitary condition. Result: NO. Citation vacated through conferencing. Was there intent to violate or place employees in danger? reference Confined Space Bookletreference Confined Space Booklet

49. Confused? reference Confined Space Bookletreference Confined Space Booklet

50. Conflicted? reference Confined Space Bookletreference Confined Space Booklet

51. Suicidal? reference Confined Space Bookletreference Confined Space Booklet

52. Compliance Strategies (Some currently in use) 1. Conference everything. 2. Hire company inspectors (former MSHA). 3. Don’t sweat the small stuff. 4. Pray 5. Bribe the inspector. 6. Hands up – I surrender 7. Close the mine. reference Confined Space Bookletreference Confined Space Booklet

53. Compliance Strategies 1. Concentrate on “safe production.” 2. Strive for “zero” 3. Involve everyone. 4. Top down influence. 5. Zero tolerance policy. 6. Documented job expectations 7. Effective training 8. Safety audits 9. Accident investigation 10. Root cause analysis 11. Take action on findings. reference Confined Space Bookletreference Confined Space Booklet

54. Cooperative Stakeholders 1. Miners 2. Operators 3. Government (MSHA) How can we make it work? reference Confined Space Bookletreference Confined Space Booklet

55. How can we make it work? Punitive Measures VS Positive Reinforcement reference Confined Space Bookletreference Confined Space Booklet

56. 1977 Mine Act The Mine Act requires MSHA to make at least four complete inspections of all underground operations yearly and at least two surface mine inspections a year. reference Confined Space Bookletreference Confined Space Booklet

57. How can we make it work? OSHA’s VPP Model reference Confined Space Bookletreference Confined Space Booklet

58. Voluntary Protection Programs (VPP) Cooperative Govt/Industry program that recognizes exemplary safety and health programs reference Confined Space Bookletreference Confined Space Booklet

59. OSHA’s VPP Program Effective Safety and Health Management 1. Management leadership & employee involvement 2. Worksite analysis 3. Hazard prevention and control 4. Safety and health training reference Confined Space Bookletreference Confined Space Booklet

60. OSHA’s VPP Program Difficult Entry Requirements 1. Must meet stiff S&H performance criteria 2. Must document complete management safety system 3. Must involve all levels of mgmt and workers 4. Rigorous onsite evaluation reference Confined Space Bookletreference Confined Space Booklet

61. OSHA’s VPP Program Benefits for Participants 1. Superior S&H program 2. Cooperative (not punitive) relationship with the regulatory agency 3. Status (bragging rights) in the industry 4. Exemption from scheduled inspections 5. Ability to share successful programs 6. Improved labor relations 7. Bottom line financial performance improvement reference Confined Space Bookletreference Confined Space Booklet

62. OSHA’s VPP Program Benefits for Agency 1. Improved safety performance 2. Inspection manpower savings 3. Successes breed success 4. Improved agency/industry relations 4. Agency viewed more as partner/helper – not policemen reference Confined Space Bookletreference Confined Space Booklet

63. OSHA’s VPP Program Results: Average participants safety performance (incidence rate) is 50% below industry average. reference Confined Space Bookletreference Confined Space Booklet

64. Challenge to MSHA Develop a VPP type program for outstanding operators by January 2012 reference Confined Space Bookletreference Confined Space Booklet

65. Challenge to Miners and Operators Begin to run safety management programs that would qualify for VPP reference Confined Space Bookletreference Confined Space Booklet

66. Challenge to All Stop complaining! Get serious! Make it work! reference Confined Space Bookletreference Confined Space Booklet

67. More info about OSHA’s VPP http://www.osha.gov/dcsp/vpp/index.html click “All about VPP” or “Application packet reference Confined Space Bookletreference Confined Space Booklet

68. My contact info Richard H. Black RHB Training and Consulting Services [email protected] 610-587-8500 reference Confined Space Bookletreference Confined Space Booklet

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