Safety Committee Operations An introduction to Oregon Administrative Rule 437, Division 1, Safety Committee Duties and Responsibilities OR-OSHA 101 0201 Presented by The Public Education Section Oregon Occupational Safety and Health Division (OR-OSHA)
Information about this instructor workbookThis workbook is set up so that a copy of the workbook page is shown in the order that it appears in the workbook. The page number from the workbook is shown in the lower right hand corner of each page and a box with the word “SLIDE” is shown on the page where a corresponding slide has been provided. Following the copy of each workbook page is a sheet with the heading “NOTES”. These note pages provide a description of what the developer of the workbook intended to be covered in this section. You may also see suggestions for how to present the material, examples, etc. You are HIGHLY encouraged to read the entire instructor manual, add your personalized notations of examples, additional information you might want to add, alternative ways you may want to present the material, etc. You will also find it helpful to attend an OR-OSHA class on this topic offered by the OR-OSHA public education instructors. Feel free to be creative in your presentations and personalize the material so that it fits your presentation style and preferences. Variety in your methods of presentation will improve learner attention and retention. Try not to use the same format for more than a 20 minute timeframe without changing to something at least slightly different. For example, lecture for 20 minutes, then have the class do an activity, then have facilitated group discussion, etc., etc. DO NOT use these notes as your presentation outline to the extent that you are trying to present this material exactly the way you think the developer would. It will appear unnatural and rote unless you customize the presentation to fit YOU. You are also encouraged to offer an opportunity for the class to critique your presentation either by using the evaluation sheet in the workbook, or some other method. Analyzing what people have to say about how the class went is your most valuable tool in helping you develop as a trainer. You are encouraged to provide us with your feedback on how these materials could be improved and let us know if you found them helpful.Your efforts in helping your company develop self-sufficiency and internal resources in the important area of staff training are much appreciated.
Introduction • Welcome to the Safety Committee Workshop. This workshop is designed to include you in the learning experience. The more you contribute, the more you will get out of this training, so please don’t hold back...participate and have fun! • Purpose • The purpose of the workshop is to give safety committee members insight into their duties and responsibilities, and to introduce methods that will help the safety committee be effective in improving the safety management system. • Goal: • Provide information regarding: • 1. Safety committee requirements as described in in OAR 437, Div 1, Rule 765. • 2. Safety committee methods & intent. Form Safety Committees Position Name Elect a Chairperson ___________________________________ Select a Spokesperson ___________________________________ Everyone is a Recorder ___________________________________ Please Note: This material or any other material used to inform employers of compliance requirements of Oregon OSHA standards through simplification of the regulations should not be considered a substitute for any provisions of the Oregon Safe Employment Act or for any standards issued by Oregon OSHA. 1
NOTES Introduce the topic: Completion of this course will meet the Safety Committee requirement that Safety Committee members receive training on the safety committee rules and requirements and the intent and purpose of Safety Committees. Since the material in this workbook is designed to be interactive, it will be most effective if your larger groups are divided into small workgroups of two to six members. For those individuals training this topic, or reviewing it on an independent basis, READ THE SAFETY COMMITTEE RULES WHICH START ON PAGE 21 AND GO THROUGH PAGE 29 PRIOR TO TEACHING THIS TOPIC OR DOING INDEPENDENT REVIEW OF THE WORKBOOK. The workbook is intended to support an understanding of the rule language, not replace the text of the rules.
Who we are and what we do OAR 437, Div 1, Rule 765 (1) Purpose. The purpose of a safety committee is to bring workers and management together in a non-adversarial, cooperative effort to promote safety and health in each workplace. A safety committee assists the employer and makes recommendations for change. • Safety committee purpose, process and role • Purpose - The intended outcome towards which a person or group strives. • Process - The means and methods used to achieve the intended purpose. • Role - The function we assume. The part we play. Mother, father, coach, supervisor. • What does a safety committee do to accomplish its purpose(s)? • 1. ___________________________________________________________________ • 2. ___________________________________________________________________ • 3. ___________________________________________________________________ • 4. ___________________________________________________________________ • 5. ___________________________________________________________________ • What's the role of the safety committee? • The safety committee performs the role of a(n)… • _________________________________________________ 2
NOTES Review the definitions of Purpose, Process and Role. Purpose: You could ask the class to state their understanding of why OR-OSHA requires Safety Committees. The central purpose of the Safety committee would be to provide a safe workplace for all employees. It is also considered a core component of an effective Safety and Health Management system. As people review the Safety Committee rules, they should be able to identify the fact that all the components of an effective Safety management System are built into the Safety Committee rules. You can identify required activities that address: Management Commitment, Accountability, Training, Employee Involvement, Hazard Identification and Control, Accident Investigations and Program Review. Process: Groups will come up with different lists of what they do to accomplish their purpose. Activities they will come up with should be along the lines of: Improve programs, develop work procedures, do inspections, identify and correct hazardous conditions and unsafe work practices, communicate between staff and management on safety issues, communicate safety in general, model safe work behaviors, give positive feedback to those following safe workpractices. Stress the importance of their responsibilities related to evaluating how safety is managed in the organization, including the effectiveness of the accountability program in relation to requiring employees to follow safety rules and making sure that they track the written responses that management makes to safety recommendations to make sure they are received and if a recommendation is accepted, making sure that the action actually occurs. The list SHOULD NOT include activities that would make other employees describe Safety Committee Members as having the role of “Safety Cop”. Role: The role of the safety committee is most closely related to that of “consultant”.
The Safety Management System OAR 437, Div 1, Rule 765 (6) (d) Hazard assessment and control. The safety committee shall assist the employer in evaluating the employer's accident and illness prevention program, and shall make written recommendations to improve the program where applicable… Inputs - Resources Tools Equipment Machinery Materials Facilities People Time Money • Elements - Using Resources • 1. Management Commitment - leading, following, managing, planning, funding • 2. Accountability - responsibility, discipline • 3. Employee Involvement - safety committees, suggesting, recognizing/rewarding • 4. Hazard Identification & Control - inspections, surveys, observation • 5. Accident/Incident Investigation - incidents/accidents, tasks • 6. Training - orientation, OJT, periodic • 7. Plan Evaluation - judging effectiveness of conditions, behaviors, systems, results, and implement improvements • Outputs - Conditions, • Behaviors, Results • Safe/Unsafe conditions, behaviors • Many/Few incidents and accidents • High/Low accident costs • High/Low productivity, morale, trust • Where do we look for clues that the safety management system isn't working? • _____________________________________________________ • _____________________________________________________ “Every system is designed perfectly to produce what it’s producing” 3
NOTES This page provides an introduction to how safety management works. The box on Inputs-Resources is there to indicate that the quality of the resources put into a safety program are going to have an impact on how the program works and what types of outputs you get. For example, if the employer does not provide resources such as equipment that is in working order and appropriate to the job that is being done, it doesn’t matter how great your Work Procedures are, the outcome will not be good. The second box on Elements references the Seven elements of a Safety Management System. When the output is defective (like you are identifying a lot of incidents involving ladders), you would want to determine if the system is failing because one of the elements is not working as good as is needs to be. For instance, people are not being required to use the correct ladder for the job they are performing (Accountability), or noone is analyzing the incidents that have happened to make changes that will keep future incidents from occurring (Accident/Incident Investigation). If all of the Elements of the Safety System seem to be working well, look back even further to the inputs. Are people being provided with the ladders they need to safely perform the jobs they are being asked to do? When a ladder gets broken, is it removed from service and replaced with one that is not broken? The third box on outputs identifies the types of things that safety committees normally identify during their safety inspections, hazards that are identified by co-workers, etc. It is the starting place for developing a safer workplace. Fix the things that you can see and list. Then identify and fix the Process Elements and/or Inputs that are creating what you saw and listed.
What are the duties and responsibilities of the safety committee? Evaluation Checklist - 437-001-0765 Rules for Workplace Safety Committees. Item Question Yes No 1. Is the safety committee composed of an equal number of employer _______ _______ and employee representatives? 2. Are the employee representatives either volunteers or elected by their peers? _______ _______ 3. For employers of twenty or more employees, are there at least four members _______ _______ on the safety committee? 4. Is the safety committee chairperson elected by the committee? _______ _______ 5. Are safety committee members compensated at their normal hourly wage _______ _______ during safety committee training and meetings? 6. Do employee representatives serve terms that last at least one year? _______ _______ 7. Are terms of service alternated or staggered so that at least one experienced _______ _______ member is serving on the committee? 8. Are reasonable efforts made to ensure that committee members represent the _______ _______ major work activities of the firm? 9. Does the safety committee hold regular meetings at least once a month except _______ _______ in months in which workplace inspections are performed? 10. Does the safety committee work from a written agenda? _______ _______ 11. Are minutes kept at each meeting? _______ _______ 12. Are the minutes made available to all employees? _______ _______ 13. Are the minutes maintained for at least three years? _______ _______ 14. Are all reports, evaluations, and recommendations of the safety committee made part _______ _______ of the safety committee minutes? 15. Has a reasonable limit been set within which the employer must respond in writing to _______ _______ safety committee suggestions? 16. Has the safety committee set up a system for collecting safety-related suggestions, _______ _______ reports of hazards, or other information directly from those involved in workplace operations? 17. Is such information reviewed during the next safety committee meeting and recorded _______ _______ in the minutes? 4
NOTES Have participants answer the questions on this page and page 5 for their Safety Committee as it now functions. These questions were designed to follow the safety committee rules. If an individual answers no to any of these questions or is unclear as to what the rule says, refer to the Safety Committee Rules in the Appendix starting on page 21 to read the exact rule language. In order to meet the requirements of the Safety Committee rules and to assure that no citations would be issued in the event of an Enforcement Inspection, you need to be able to answer “yes” to all 34 questions and/or meet an exception if one is listed in the rules.
Evaluation Checklist - 437-001-0765 Rules for Workplace Safety Committees. Item Question Yes No 18. Does the safety committee assist the employer in evaluating the employer’s accident _______ _______ and illness prevention program? 19. Does the safety committee make written recommendations to improve the safety _______ _______ and health program? 20. Has the safety committee established procedures by which the safety committee _______ _______ inspection team can find and identify safety and health hazards? 21. Does the safety committee conduct workplace inspections at least quarterly? _______ _______ 22. Does the safety committee recommend ways for the employer to eliminate or _______ _______ correct hazards and unsafe work practices in the workplace? 23. Does the safety committee inspection team include employer and employee _______ _______ representatives? 24. Does the safety committee inspection team document in writing the location and _______ _______ identity of hazards? 25. Are quarterly inspections of satellite locations done by the safety committee _______ _______ inspection team or by a person designated at the location? 26. Has the safety committee established procedures to review all safety _______ _______ and health inspection reports made by the committee? 27. Based on the results of the above review, does the safety committee make _______ _______ recommendations for the improvement of the employer’s safety and health program? 28. Has the safety committee evaluated the employer’s accountability system? _______ _______ 29. Has the safety committee made recommendations to implement supervisor _______ _______ and employee accountability for safety and health? 30. Has the safety committee established procedures for investigating all safety-related _______ _______ incidents, including injury accidents, illnesses, and deaths? 31. Has the safety committee purpose and operation been discussed with all safety _______ _______ committee members? 32. Have the safety committee rules and their application been discussed with all _______ _______ committee members? 33. Do safety committee members have ready access to applicable Oregon _______ _______ Occupational Safety and Health Codes? 34. Have safety committee members received safety training based on your _______ _______ company’s activity, hazard identification training, and effective accident investigation training? 5
NOTES Once all the questions have been answered individually, review them as a group. At a minimum, review any where one or more participants answered “No” or where a participant asks for more clarification. For any answered “No”, have the participants list an action on their Action Ideas (Pg. 35) that will bring their committee into compliance with the rules. You will want to address items on the Action Ideas page as future Safety Committee agenda items.
OAR 437, Div 001, Rule 0765(6)(f) The safety committee shall evaluate the employer’s accountability system and make recommendations to implement supervisor and employee accountability for safety and health. • Accountability: The Key to Compliance • Six essential elements of an effective accountability system • 1. Established formal standards of behavior and performance. • Programs, Policies, Plans, Processes, Procedures, Practices (the Six P's) • 2. Resources provided to meet those standards. • Physical = tools, equipment, materials, workstations, facilities • Psychosocial = education, training, scheduling, culture • 3. An effective system of measurement. • Behaviors are observed and quantified • Behaviors are detected and corrected before an injury • Informal and formal observation procedures are used • 4. Application of effective consequences. • Soon - certain - significant - sincere • Must change behavior in the desired direction • 5. Appropriate application of discipline. • Discipline is based on fact not feeling • Consistent throughout the organization: top to bottom and laterally • Applied only only after it's determined management has met obligations to employee • Appropriate to the severity of the infraction and impact on the organization • 6. Evaluation of the accountability system. • Examine the first five elements • Mandated by OAR 437, Division 1, Rule 765(6)(f) • Analysis/evaluation headed up by Safety committee, safety coordinator • Improvements headed up by line management 6
NOTES Lecture to the importance of Accountability in a Safety Management System. Review the elements of an Accountability System. Stress that Accountability does not equal discipline, though discipline needs to be a part of an Accountability Program. The most important part of consequences is seeing that there are positive consequence for following the rules. Reinforce the fact that it doesn’t matter what is written down in a manual about the “Safety Rules” if management is modeling something else, reinforcing something else and/or not holding people accountable, the rules are being rewritten and whatever behavior management is displaying becomes the “real rules”. For there to be accountability, the standards need to be defined and communicated to the workforce, resources provided to allow the workforce to implement the rules, someone needs to be checking to see that the rules are being followed, there need to be consequences for following or not following the rules and both ongoing and periodic formal attention needs to be given to evaluating whether or not accountability for safety is working in your company. The safety committee rules specifically state that Safety Committees are to evaluate and make recommendations regarding your companies Accountability Program. If there is no accountability, there is no safety program. People will either model what they see management doing or choose to do whatever they as individuals believe to be best based upon their various prior experiences. NOT A GOOD OUTCOME!
Creating a Culture of Accountability • Three types of consequences: • Positive - Increases required and voluntary behavior. • Examples: Pay check, individual and group recognition, getting to leave early, pizza party, safety jacket • Other:_________________________________________________________________________________________________________________________________________________________________________ • Negative - Increases required behavior only. • Examples: verbal reprimand, written reprimand, withholding bonuses, threats, time off without pay • Other:_________________________________________________________________________________________________________________________________________________________________________ • None - Withdrawal of positive and negative reinforcement. • Examples: No verbal, nonverbal or written response regardless of the actions of the employee. • Other:_________________________________________________________________________________________________________________________________________________________________________ If people are taking shortcuts in areas such as safety and quality, the naturally occurring positive consequences associated with doing the job with less effort will cause the undesirable behaviors to continue. Aubrey, C. Daniels, Bringing Out the Best in People, p. 29 7
NOTES Outlines the different types of CONSEQUENCES that can occur in regard to safety issues. Stress that management does not have to be present every time something happens to provide consequences. The important thing is to see that there are at least intermittent times when management observes and responds to safety issues. They key is the need to make sure that people PERCEIVE that if observed doing the right thing, or doing the wrong thing there will be CONSEQUENCES. Employees make CHOICES every day on the job regarding whether or not to follow the rules, turn in hazards, wear their PPE, etc. The manager’s job is to give employees reasons to believe it is in their best interest to make good choices and follow the rules when it comes to issues impacting their safety and the safety of others in the workgroup.
Employees Exercise: What general safety behaviors should managers and employees be held accountable for? Managers 8
NOTES Refer students to Page 21 & 22 of the appendix where they can read 437-00l-0760 of Division l. This section of the rule defines the employer and employee responsibilities related to safety. Once the class has completed the assignment, use the overhead to go over and discuss each item. Remember that managers are employees also and must meet the Employee responsibilities as well as the Employer responsibilities.
Exercise: Accountability establishes obligation Determine appropriate actions in each of the following scenarios. Scenario 1.Bob, a maintenance worker who has been working for the company for 10 years, received a serious electrical shock while working on a conveyor belt motor. When asked why he did not use the company’s established lockout/tagout procedures he acknowledged that he had thought about it, but that the “old procedures” hadn’t been used for years, and he had done this same task many times before. And, besides, the production manager yelled at him to get the conveyor running again or it’s his job because the whole system was shut down. Appropriate actions and justification: _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ Scenario 2.Ralph, an experienced roofer for Sky High Contractors, was “caught’ by his supervisor working on a steeply pitched wood shingled roof without proper fall protection. When questioned he stated that he knew he should be using the fall protection, and that he would be in trouble if caught. He stated that there was nothing wrong with the equipment, but it was too big of a hassle to get it out of the back of his truck. Appropriate actions and justification: _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ 9
NOTES Have the class complete the activities in Scenario 1 and Scenario 2. A key thing for them to identify in Scenario #1 is that it would not be appropriate to discipline Bob. Hopefully, there will be some reference to the fact that there should be some evaluation regarding why the manager acted in the way they did. Do not let the class get into a “blame the manager” mode. The same kinds of things that impact bad choices made by an employee also apply in terms of why this manager made a bad choice. Perhaps there is pressure from his superior to produce, perhaps he has never been trained on what his role is in regards to safety, perhaps noone has ever evaluated him in regards to the safety activities he is involved with, etc. In Scenario #2 it would be appropriate to apply negative consequences as this employee knew what was expected, had the resources he needed to follow the rules and chose not to.
Identifying Hazards OAR 437, Div 1, Rule (6)(d) Hazard assessment and control. … Additionally, the safety committee shall: establish procedures for workplace inspections by the safety committee inspection team to locate and identify safety and health hazards; conduct workplace inspections at least quarterly… • 2. Inspection checklist. . Identify hazards in your workplace.. • . Develop additional checklist questions that are not addressed in the rules. Don’t get “tunnel vision. ” • 3. Job Hazard Analysis • 4. Review rules which apply to your workplace. • 5. What rules, if violated would result in serious harm or fatality? • 6. Other? ________________________________________________________________ • What causes accidents in the workplace? • ____________________________________________________________ • ____________________________________________________________ • ____________________________________________________________ • SOME TOOLS TO HELP IDENTIFY HAZARDS: 1. Inspections: Uncovering controllable hazards Formal inspection and informal observation are important processes that can be effective in identifying hazardous conditions and unsafe behaviors in your workplace. Why might the walkaround inspection be ineffective in identifying the causes of accidents? ______________________________________________________________ ______________________________________________________________ How can we overcome this weakness in the inspection process? _______________________________________________________________ 10
NOTES The simple answer to question 1 is “unsafe conditions” and “unsafe practices”. Go over the list of tools for inspecting a workplace. Encourage use of more than one method and find out if there is any other process being used such as behavioral observations, the STOP program, or other canned or internally developed methods. Have the class complete the bottom two questions. The answers to “Why might the walkaround inspection be ineffective in identifying the causes of accidents?” should include the fact that walkarounds seldom address behaviors and focus primarily on hazardous conditions. Ways to overcome this problem could include ideas like building into the inspection process things like observations of the work processes, enlisting other employees, training people not to limit themselves to only items listed on Inspection Checklists, etc.
Investigating Incidents and Accidents OAR 765, Div 1, Rule (6) (g) Accident investigation. The safety committee shall establish procedures for investigating all safety-related incidents including injury accidents, illnesses and deaths. This rule shall not be construed to require the committee to conduct the investigations. • The basic steps for conducting an accident investigation • Step 1 - _________________________________________ • Step 2 - _________________________________________ • Step 3 - _________________________________________ • Step 4 - _________________________________________ • Step 5 - _________________________________________ • Step 6 - _________________________________________ Secure the accident scene Collect facts about what happened Develop the sequence of events Determine the causes Recommend improvements Write the report Gather information Analyze the facts Implement Solutions • What’s the difference between an incident and an accident? • _____________________________________________________ • Why would we want to take time investigating both incidents and accidents? • _____________________________________________________ • What two key conditions must exist before an accident occurs? • H_______________ and E_________________ No-Fault Accident Investigations If someone deliberately sets out to produce loss or injury, that is called a crime, not an accident. Yet many accident investigations get confused with criminal investigations… Whenever the investigative procedures are used to place blame, an adversarial relationship is inevitable. The investigator wants to find out what actually happened while those involved are trying to be sure they are not going to be punished for their actions. The result is an inadequate investigation. (Kingsley Hendrick, Ludwig Benner, Investigating Accidents with STEP, p 42. Marcel Dekker, Inc. 1987.) 11
NOTES Review the steps in an accident investigations process.. Encourage people to obtain further training on this topic as it is a requirement of safety committee members. Even though Safety Committee members are not required to participate in the Accident Investigations, they are required to establish procedures. The requirement for training is to make certain that the committee members understand the purpose, process and outcomes they are trying to obtain so that they can evaluate the procedure, make it meaningful and make good recommendations to improve the process. The reason the steps are listed here is to provide an introduction to the process and remind you of this training requirement. Have the groups complete the bottom three questions. The difference between an incident and an accident is normally considered that an incident does not involve injury to a person or resource. It would be what is commonly called a “near miss” or a “near hit”. You want to encourage investigations of incidents as it is an opportunity to be proactive in assuring that the situation does not result in an accident next time. May be helpful to talk about the fact that the more near-misses you are experiencing as an employer, the higher the probability that you will have an accident or fatality. The two conditions that must exist before an accident occurs is a hazard and exposure. Hazard can be considered a “condition” or a “thing” and exposure would be “things people do”.
Weed out the causes of injuries and illness • 1. Direct Cause of Injury • Always the harmful transfer of energy. • Kinetic, thermal, chemical, etc. • Contact with, exposure too, etc. • _______________________________ • _______________________________ • _______________________________ • 2. Surface Causes of the Accident • Specific/unique hazardous conditions and/or unsafe actions • Produce or contribute to the accident • May exist/occur anytime, anyplace • Involve the victim and others • _______________________________ • _______________________________ • _______________________________ • 3. Root Causes of the Accident • Failure to design and/or carry out safety policies, programs, plans, processes, procedures, practices • Pre-exist surface causes • Result in common or repeated hazards • Under control of management • Failure can occur anytime, anywhere • _______________________________ • _______________________________ • _______________________________ Strains Burns Cuts Unguarded machine Horseplay Create a hazard Broken tools Ignore a hazard Chemical spill Fails to report injury Defective PPE Fails to inspect Untrained worker Fails to enforce Lack of time Too much work Fails to train Inadequate training No recognition No discipline procedures No mission statement Inadequate labeling No orientation process Outdated hazcom program Inadequate training plan No recognition plan No inspection policy No accountability policy Lack of vision Any way you look at it, system design is the key to effective safety. If design is flawed, yet perfectly implemented, the system fails. If design is perfect, yet implementation is flawed, the system fails as a result of design flaws in other related processes. 12
NOTES This is the often used “Accident Weed”. It is a pictorial representation of the idea that it is important to address more than just the “hazardous conditions” and “hazardous practices” that are identified as these are “surface causes”. Unless the “Root Causes” or “System Failures” are identified and addressed, you will continue doing a band aid fix of symptoms which will keep reappearing over and over again. It is demoralizing to the safety committee members when they spend all their time doing work-orders rather than analyzing why multiple occurrences of similar hazardous conditions and/or hazardous practices keep surfacing. Once the system failures are addressed, you will see a dramatic drop in the identified surface causes. Any time you see the same issue more than once, in more than one location, or which continues to reappear inspection after inspection, it should tell you there is a root cause that has not yet been identified and corrected.
Investigating Incidents and Accidents Surface and Root Cause Identification Lane was asked by his supervisor to hurry up and deliver two boxes of Xerox paper to a co-worker who had just left to deliver supplies to another office location. As Lane bent over to pick up the boxes he felt a pull in his back. He ignored it and ran to catch the co-worker before his car left the parking lot. As Lane reached the stairs going down to the street level, he tripped over an electrical cord. Lane grabbed for the stair rail to catch himself, but it gave way and he tumbled to the bottom of the stairs suffering a broken leg, a concussion and multiple bruises. • How many surface cause(s) can you identify which contributed to the accident described above. What are they? • ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________ • List at least one possible root cause for each surface cause you identified. • ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________ 13
NOTES Have participants circle the things they can identify in the paragraph that would be considered “surface Causes”. They are the things you can identify by looking at the actions described. Surface causes include: Supervisor asked him to hurry up, Improper lift, employee ignored injury rather than report it and became a “walking wounded”, electrical cord hazard, lack of attention paid to trip hazard, defective stair rail. I recommend that once participants have circled the surface causes you talk about what they identified. This will make sure that everyone is on board with what a “Surface Cause” is and that when they complete the second part of the activity, they are dealing with real surface issues. Have participants next identify possible root causes. Tell people that there may be multiple possible root causes for any specific surface cause they have identified. The only way to determine specifically which root cause(s) are impacting the situation described would be to talk with the employees and management to find out how the system is functioning at the workplace where the hazard was identified.
Writing Recommendations OAR 437, Div 1, Rule (6)(d) Hazard assessment and control. … and recommend to the employer how to eliminate hazards and unsafe work practices in the workplace. • The Hierarchy of Controls • Engineering controls. Eliminates/reduces hazards that existed, through equipment redesign, replacement, substitution. Most effective strategy. • Examples: ____________________________________________________________________ • Management Controls. Reduce the frequency and duration of exposure to the hazards primarily through scheduling strategies. Strategies might include reducing the frequency or duration of a particular task, more frequent breaks, reducing the number of employees, etc. Again, these strategies must be managed, supervised, trained, etc. • Examples: ____________________________________________________________________ • Personal Protective Equipment (PPE). In conjunction with engineering and administrative controls, consider personal protective equipment. • Examples: ____________________________________________________________________ • Why should we first consider engineering controls to reduce accidents? • ____________________________________________________________ ____________________________________________________________________________________________________________________________________________________________________________________ 14
NOTES Go over the three types of controls which can form the basis of recommendations made. After reviewing the definition, have the participants give examples of each of the different types of controls. You may also want to give an example of a hazard such as noise, a hazardous chemical, or something present in your worksite. The class can then identify at least one example of how that hazard could be addressed through an Engineering Control, a Management Control and Personal Protective Equipment. The answer to the question is that Engineering Controls eliminate the hazard. By doing so, you eliminate the human element of choice and assure that no matter what behaviors an employee displays that would normally expose them to the hazard they are protected. You may want to spend some time talking about the fact that the hierarchy of controls is focused on how to protect employees from hazardous conditions. Management Controls are the only fix which addresses Safety Management System failures. They tend to be very broad in their impact, but only work as well as the individuals who are developing and implementing them. Management Controls must be MANAGED!
Exercise: Perceiving the problem • Read the following scenario and complete each assignment. • Minutes from last month’s safety committee meeting. The safety committee chair informed members that two employees were caught stuffing a tuna sandwich into the safety suggestion box in the maintenance shop. Injuries are down 10% from the year before, but have reversed and actually increased 7% during each of the last two months. Injury reports jumped the week after the safety contest for the quarter was complete. Bob mentioned that he had to coax Billie to report her cut hand to the supervisor. When asked why she did not want to report the injury, she explained that she didn’t want to hurt the department’s chance to win the quarterly safety award. Gloria expressed her concern that morale is low because the general attitude about management is that it doesn’t really care about employee safety. No one is really interested in the company’s incentive program so once again, we need to do something exciting to increase involvement. She recommended “Safety Bingo.” • What conditions and behaviors lead you to believe there is a problem? • _______________________________________________________________________ • _______________________________________________________________________ • _______________________________________________________________________ • _______________________________________________________________________ • How would you solve one or more of the problems you've identified above? • _______________________________________________________________________ • _______________________________________________________________________ • _______________________________________________________________________ • _______________________________________________________________________ • _______________________________________________________________________ • _______________________________________________________________________ 15
NOTES Have the groups complete this activity in small groups. Read the scenario. Groups will come up with a long list of conditions and behaviors which may include: Tuna sandwiches stuffed into safety suggestion box, injuries increasing, jump in injury reports the week following the end of a safety contest, Billie not wanting to report her cut hand because of the safety award program, moral is low, staff do not believe management cares about their safety, lack of interest in incentive program or others. Have small groups identify one of the problems they listed. Then have them decide upon a root cause that they believe could be responsible for the condition or behavior identified as their “problem”. Have the groups brain-storm possible solutions to both the surface and root causes they listed. Obtain agreement upon two different recommendations that would address the surface cause and two different recommendations that would address the root cause they identified. For the recommendation to fix the surface cause, remember that you want to make recommendations that are considered “Engineering Controls” whenever possible and reasonable in terms of money and other considerations you would expect to limit the chances of your suggestion being implemented. Not all safety issues can be addressed through Engineering Controls. For example, if you were working on addressing perceptions such as “moral” and “lack of caring management”, you will not be able to “Engineer” out this surface condition.
OAR 437, Div 1, Rule 765 (6) (c) Employee involvement. The committee shall establish a system to allow the members to obtain safety-related suggestions, reports of hazards, or other information directly from all persons involved in the operations of the workplace. The information obtained shall be reviewed at the next safety committee meeting, and shall be recorded in the minutes for review and necessary action by the employer. • Recognition: The Key to Involvement • What methods do you use to get employees involved? • ____________________________________________________________________________________ • ____________________________________________________________________________________ • ____________________________________________________________________________________ • ____________________________________________________________________________________ • ____________________________________________________________________________________ • ____________________________________________________________________________________ • What are some possible consequences of making a safety related suggestion or reporting a hazardous condition? • ____________________________________________________________________________________ • ____________________________________________________________________________________ • ____________________________________________________________________________________ • ____________________________________________________________________________________ • ____________________________________________________________________________________ • ____________________________________________________________________________________ 16
NOTES Workgroups independently answer the two questions, then the trainer can facilitate a sharing of their ideas. The group ideas will be as diverse as the group is. Some ideas you might hear in response to the Methods of getting employees involved may include: Thank them for their ideas, give credit for suggestions in the safety committee minutes, basing incentive awards on involvement in safety, addressing safety involvement in performance appraisals, asking for safety related experience when advertising for promotional opportunities in the workplace, protecting them from other workload demands when they are involved with safety activities, etc. The answer to the second question may include such things as: You will be made fun of by your co-workers, it will get fixed, nothing will happen, you will be viewed as a trouble maker by management, and multiple other ideas. The thing to stress here is that if the safety system is not set up to reinforce the behaviors such as making safety suggestions and reporting hazards, that is a system that needs to be changed.
Discuss and list obstacles to safety committee success. 1. _______________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ 2. _______________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ 3. _______________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ 4. _______________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ Class: Discuss and list remedies to one or more of the obstacles identified in the previous page. 1. _______________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ 2. _______________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ 3. _______________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ 4. _______________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ 17
NOTES This provides safety committee members an opportunity to identify the barriers that keep them from being as effective as they could be. The list often includes such things as: lack of budget, lack of management support, lack of peer support, apathy, lack of an effective safety committee chair, lack of training, etc. The class will come up with their own remedies. As with any safety issue, there are many ways to address these barriers. It is worth giving some thought to whether or not you really want to try to make a cultural change in one clean sweep. The results are likely not going to be what you hoped for. I am reminded of the following question: How do you eat an elephant? The answer is: One bite at a time. You will not get a perfect safety system overnight. In fact, it will take years if there are major problems with the current safety culture. Look at the environment you work in. At a minimum you need to address meeting the minimum expectations of the OR-OSHA safety committee rules. This is an excellent starting place and will give you the structure needed to have a significant and long-term impact on safety at your workplace. Over time your successes will develop a positive track record with the decision makers in your company and you will be able to address bigger and bigger bites of that “safety elephant” we call your Safety Management System.
437‑001‑0760 Rules for all Workplaces. • (1) Employers' Responsibilities. • (a) The employer shall see that workers are properly instructed and supervised in the safe operation of any machinery, tools, equipment, process, or practice which they are authorized to use or apply. This rule shall not be construed to require a supervisor on every part of an operation nor to prohibit workers from working alone. • (b) The employer shall take all reasonable means to require employees: • (A) To work and act in a safe and healthful manner; • (B) To conduct their work in compliance with all applicable safety and health rules; • (C) To use all means and methods, including but not limited to, ladders, scaffolds, guardrails, machine guards, safety belts and lifelines, that are necessary to safely accomplish all work where employees are exposed to a hazard; and • (D) Not to remove, displace, damage, destroy or carry off any safety device, guard, notice or warning provided for use in any employment or place of employment while such use is required by applicable safety and health rules. • (c) Every employer shall be responsible for providing the health hazard control measures necessary to protect the employees' health from harmful or hazardous conditions and for maintaining such control measures in good working order and in use. • (d) Every employer shall inform the employees regarding the known health hazards to which they are exposed, the measures which have been taken for the prevention and control of such hazards, and the proper methods for utilizing such control measures. • (2) Employees' Responsibilities. • (a) Employees shall conduct their work in compliance with the safety rules contained in this code. • (b) All injuries shall be reported immediately to the person in charge or other responsible representative of the employer. 21
(c) It is the duty of all workers to make full use of safeguards provided for their protection. It shall be a worker's responsibility to abide by and perform the following requirements: • (A) A worker shall not operate a machine unless guard or method of guarding is in good condition, working order, in place, and operative. • (B) A worker shall stop the machine or moving parts and properly tag‑out or lock‑out the starting control before oiling, adjusting, or repairing, except when such machine is provided with means of oiling or adjusting that will prevent possibility of hazardous contact with moving parts. • (C) A worker shall not remove guards or render methods of guarding inopera- tive except for the purpose of adjustment, oiling, repair, or the setting up a new job. • (D) Workers shall report to their supervisor any guard or method of guarding that is not properly adjusted or not accomplishing its intended function. • (E) Workers shall not use their hands or any portion of their bodies to reach between moving parts or to remove jams, hangups, etc. (Use hook, stick, tong, jig or other accessory.) • (F) Workers shall not work under objects being supported that could accident- tally fall (such as loads supported by jacks, the raised body of a dump truck, etc.) until such objects are properly blocked or shored. • (G) Workers shall not use defective tools or equipment. No tool or piece of equipment should be used for any purpose for which it is not suited, and none should be abused by straining beyond its safe working load. • (d) Workers shall not remove, deface, or destroy any warning, danger sign, or barricade, or interfere with any other form of accident prevention device or practice provided which they are using, or which is being used by any other worker. • (e) Workers must not work underneath or over others exposed to a hazard thereby without first notifying them and seeing that proper safeguards or precautions have been taken. • (f) Workers shall not work in unprotected, exposed, hazardous areas under floor openings. 22
(g) Long or unwieldy articles shall not be carried or moved unless adequate means of guarding or guiding are provided to prevent injury. • (h) Hazardous conditions or practices observed at any time shall be reported as soon as practicable to the person in charge or some other responsible representative of the employer. • (i) Workers observed working in a mannerwhich might cause immediate injury to either themselves or other workers shall be warned of the danger. • (j) Before leaving a job, workers shall correct, or arrange to give warning of, any condition which might result in injury to others unfamiliar with existing conditions. • (3) Investigations of Injuries. • (a) Each employer shall investigate or cause to be investigated every lost time injury that workers suffer in connection with their employment, to determine the means that should be taken to prevent recurrence. The employer shall promptly install any safeguard or take any corrective measure indicated or found advisable. • (b) At the request of authorized Department representatives, it shall be the duty of employers, their superintendents, supervisors and employees to furnish all pertinent evidence and names of known witnesses to an accident and to give general assistance in producing complete information which might be used in preventing a recurrence of such accident. • At the request of the Department, persons having direct authority shall preserve and mark for identification, materials, tools or equipment necessary to the proper investigation of an accident. • (c) Any supervisors or persons in charge of work are held to be the agents of the employer in the discharge of their authorized duties, and are at all times responsible for: • (A) The execution in a safe manner of the work under their supervision; and • (B) The safe conduct of their crew while under their supervision; and • (C) The safety of all workers under their supervision. • (4) Intoxicating Liquor and Drugs. The use of intoxicating liquor on the job is strictly prohibited. Anyone whose ability to work safely is impaired by alcohol, drugs, or medication shall not be allowed on the job while in that condition. 23
(5) Horseplay. There must be no horseplay, scuffling, practical jokes, or any other activity of a similar nature. • (6) Extraordinary Hazards. When conditions arise that cause unusual or extraordinary hazards to workers, additional means and precautions shall be taken to protect workers or to control hazardous exposure. If the operation cannot be made reasonably safe, regular work shall be discontinued while such abnormal conditions exist, or until adequate safety of workers is ensured. • (7) Inspections. • (a) All places of employment shall be inspected by a qualified person or persons as often as the type of operation or the character of the equipment requires. Defective equipment or unsafe conditions found by these inspections shall be replaced or repaired or remedied promptly. • (b) Wherever required in this safety code, a written and dated report, signed by the person or persons making the inspection, shall be kept. • 437‑001‑0765 Rules for Workplace Safety Committees. • (1) Purpose. The purpose of a safety committee is to bring workers and management together in a non‑adversarial, cooperative effort to promote safety and health in each workplace. A safety committee assists the employer and makes recommendations for change. • (2) General. • (a) Every public or private employer of 11 or more employees shall establish and administer a safety committee. • (b) Every public or private employer of 10 or fewer employees shall establish and administer a safety committee if the employer: • (A) Has a Lost Workday Case Incidence Rate (LWDCIR) in the top 10 percent of all rates for the employers in the same industry; or • (B) The employer is not an agricultural employer and the workers' compensation premium classification assigned to the greatest portion of the payroll for the employer has a premium rate in the top 25 percent of premium rates for all classes as approved by the Director pursuant to ORS 737.320(3). 24
(c) In making the determination of employment levels under sections (a) and (b) of this rule, the employer shall count all permanent, contract, temporary, and/or seasonal workers under the employer's direction and control, and shall base the number on peak employment. • (d) Temporary services employers and labor contractors shall establish safety committees based upon the total number of workers over which the employer or contractor exercises direction and control. • (e) Employers who hire only seasonal workers shall meet the intent of these rules by holding crew safety meetings prior to the commencement of work at each job site. Such meetings shall promote discussions of safety and health issues. All workers shall be informed of their rights to report workplace hazards, and shall be encouraged to make such reports during the meetings. • (f) Employers in the logging industry may meet the intent of these rules by complying with OAR 437, Division 6, Forest Activities. • (3) Locations. • (a) Safety committees shall be established at each of the employer's primary places of employment. For the purpose of these rules, a primary place of employment shall mean a major economic unit at a single geographic location, comprised of a building, group of buildings, and all surrounding facilities (Examples of primary places of employment would include a pulp or lumber mill, a manufacturing plant, a hospital complex, bank, a farm/ranch, a school district, or a state agency.) As a primary place of employment the location would have both management and workers present, would have control over a portion of a budget, and would have the ability to take action on the majority of the recommendations made by a safety committee. • (b) An employer's auxiliary, mobile, or satellite locations, such as would be found in construction operations, trucking, branch or field offices, sales operations, or highly mobile activities, may be combined into a single, centralized committee. This centralized committee shall represent the safety and health concerns of all the locations. • (c) In addition to locating safety committees at each primary place of employment, an employer with work locations which include fire service activities shall establish a Fire Service Safety Committee as required by OAR 437‑002‑0182(7) in OAR 437, Division 2/L, Oregon Rules for Fire Fighters. • (4) Innovation. Upon application, the division may approve safety committees which are innovative or differ in form or function, when such committees meet the intent of these rules. 25
(5) Safety Committee Formation and Membership. • (a) The safety committees required by OAR 437‑001‑0765(2) shall: • (A) Be composed of an equal number of employer and employee representatives. Employee representatives shall be volunteers or shall be elected by their peers unless there is a provision in their collective bargaining agreement that addresses the selection of employee representatives. When agreed upon by workers and management, the number of employees on the committee may be greater than the number of employer representatives. Seasonal workers shall not be counted for the purpose of determining the number of members who will serve on the committee. • (B) Consist of: • (i) No fewer than two members for each employer with twenty or less employees, or • (ii) No fewer than four members for each employer with more than twenty employees. • (C) Have a chairperson elected by the committee members. • (b) Employee representatives attending safety committee meetings required by OAR 437‑001‑0765(2) or participating in safety committee instruction or training required by OAR 437‑001‑0765(7) shall be compensated by the employer at the regular hourly wage. • (c) Employee representatives shall serve a continuous term of at least one (1) year. Length of membership shall be alternated or staggered so that at least one experienced member is always serving on the committee. • (d) Reasonable efforts shall be made to ensure that committee members are representative of the major work activities of the firm. • (6) Safety Committee Duties and Functions. • (a) Management commitment to workplace health and safety. • (A) The committee shall develop a written agenda for conducting safety committee meetings. The agenda shall prescribe the order in which committee business will be addressed during the meeting. 26
(B) The safety committee shall hold regular meetings at least once a month except months when quarterly workplace safety inspections are made. This does not exclude other months from safety committee meetings if more frequent safety inspections are conducted. • (C) Quarterly safety committee meetings may be substituted for monthly meetings where the committee's sole area of responsibility involves low hazard work environments such as offices. • (D) Small farms of five or fewer full time employees may substitute quarterly meetings for monthly meetings during the farms' off season. The off season shall mean that period of time when only routine farm upkeep is being done. • (b) Written records. • (A) Minutes shall be made of each meeting which the employer shall review and maintain for three years for inspection by the Division. Copies of minutes shall be posted or made available for all employees and shall be sent to each committee member. • (B) All reports, evaluations, and recommendations of the safety committee shall be made a part of the minutes of the safety committee meeting. • (C) A reasonable time limit shall be established for the employer to respond in writing to all safety committee recommendations. • (c) Employee involvement. • (A) The committee shall establish a system to allow the members to obtain safety‑related suggestions, reports of hazards, or other information directly from all persons involved in the operations of the workplace. The information obtained shall be reviewed at the next safety committee meeting, and shall be recorded in the minutes for review and necessary action by the employer. • (d) Hazard assessment and control. • (A) The safety committee shall assist the employer in evaluating the employer's accident and illness prevention program, and shall make written recommendations to improve the program where applicable. Additionally, the safety committee shall: 27
(i) Establish procedures for workplace inspections by the safety committee inspection team to locate and identify safety and health hazards; • (ii) Conduct workplace inspections at least quarterly; and • (iii) Recommend to the employer how to eliminate hazards and unsafe work practices in the workplace; • (B) The inspection team shall include employer and employee representatives and shall document in writing the location and identity of the hazards and make recommendations to the employer regarding correction of the hazards. • (C) Quarterly inspections of satellite locations shall be conducted by the committee team or by a person designated at the location. • (D) Mobile work sites or locations and activities which do not lend themselves to a quarterly schedule shall be inspected by a designated person as often as Oregon occupational safety and health rules require and/or the committee determines is necessary. • (E) The person designated to carry out inspection activities at the locations identified in sections (C) and (D) of this rule shall be selected by the employer and shall receive training in hazard identification in the workplace. • (e) Safety and health planning. The safety committee shall establish procedures for the review of all safety and health inspection reports made by the committee. Based on the results of the review, the committee shall make recommendations for improvement of the employer's accident and illness prevention program. • (f) Accountability. The safety committee shall evaluate the employer's account- ability system and make recommendations to implement supervisor and employeeaccountability for safety and health. • (g) Accident investigation. The safety committee shall establish procedures for investigating all safety‑related incidents including injury accidents, illnesses and deaths. This rule shall not be construed to require the committee to conduct the investigations. • (7) Safety and Health Training and Instruction. • (a) The following items shall be discussed with all safety committee members: • (A) Safety committee purpose and operation; 28
(B) OAR 437‑001‑0760 through 437‑001‑0765 and their application; and • (C) Methods of conducting safety committee meetings. • (b) Committee members shall have ready access to applicable Oregon Occupational Safety and Health Codes which apply to the particular establishment and verbal instructions regarding their use. • (c) All safety committee members shall receive training based upon the type of business activity. At a minimum, members shall receive training regarding: • (A) Hazard identification in the workplace; and • (B) Principles regarding effective accident and incident investigations. • (8) Effective Date. The effective date for OAR 437‑001‑0765 is March 1, 1991. 29
Sample Safety Committee Meeting Minutes • XYZ, Inc. Safety Committee Meeting Minutes • Division/Department _______________________ Date/Time _________________ • Chairperson ______________________________ • Members Present _________________________ Absent _______________________ • _________________________ _______________________ • _________________________ _______________________ • Minutes of previous meeting read. Comments: • _________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ • Old Business • Recommendations not completed; (use recommendation number) Reason(s): • ______________________________________________________________ • ______________________________________________________________ • ______________________________________________________________ • Recommendations completed: • ______________________________________________________________ • ______________________________________________________________ • ______________________________________________________________ • New Business • Review of inspections; safety and health training, new recommendations (number • using year and sequential numbers: 97-4, 97-5): • ______________________________________________________________ • ______________________________________________________________ • ______________________________________________________________ • Safety/Health suggestions submitted: • ______________________________________________________________ • ______________________________________________________________ • Summary of current losses (review by injury/accident type, department, etc.): • Date of Injury/Illness Employee Causes Recommendations • Actions Taken • _____________________ _________________ ___________ _______________ • _____________________ _________________ ___________ _______________ 30
Sample Safety rules Below is a sample of general safety rules that may be used in many types of businesses. Particularly note the statement of understanding and compliance at the bottom of the page. This statement is very important in properly documenting initial training. We encourage you to incorporate a statement like this into your company’s safety rules orientation program. Those that do not pertain to your business can be eliminated and others may be added as needed. In writing company safety rules, always include rules under OAR 437-001-0055 that apply to your business. 1. Employees will report all injuries immediately to the person in charge. No employee shall go to a physician or other medical practitioner for treatment of any on-the-job injury without authorization from the office or supervisor in charge - except under absolute emergency conditions. 2. To ensure the systemic causes for accidents can be determined as accurately as possible, complete cooperation in accident investigation is required of all employees. 3. Personal protective equipment (PPE) must be worn when required on specific jobs. Any deficiencies in the required PPE must be reported to the supervisor immediately. 4. Our workplace is inherently dangerous, requiring close attention to procedures. Therefore, no practical jokes, scuffling, or horseplay will be permitted on company property. 5. To eliminate the possibility of a serious injury, workers must not operate a machine unless guard or method of guarding is in good working order, in place, and operative. 6. Only authorized persons shall operate machinery or equipment. 7. Safety recommendations or hazard alerts are encouraged. Recommendations/alerts will be reported to your supervisor or directly to a member of the safety committee. 8. A violation of safety policies or posted safety rules will be cause for progressive disciplinary action. Repeat violations may result in suspension or termination at the option of management representatives. I have read the above safety rules and understand my responsibilities to work in a safe and healthful manner while on the job. I intend to comply fully with the above safety rules as written. I also understand that working in a safe and healthful manner is a condition of employment. __________________________________________ _______________________ (Employee Signature) (Date) I have instructed this employee on the expectations and accountability related to the above safety rules The employee has demonstrated sufficient knowledge and skill to comply with the above safety rules. __________________________________________ _______________________ (Supervisor Signature) (Date) 31
Total Claims: 25,662 Average Cost: $10,482 2000 Average Cost For Disabling Claims By Event or Exposure Event or Exposure CLAIMS AVERAGE Leading to Injury (Partial list) CLOSED COST($) Struck against stationary object 617 9,530 Struck against moving object 135 8,776 Struck by, other 523 8,776 Struck by falling object 1,031 9,707 Struck by flying object 298 8,942 Caught in equipment or objects 1,259 11,449 Fall to lower level, all other 442 13,490 Fall down stair or step 319 9,538 Fall from floor, dock, ground level 104 13,490 Fall from ladder 388 17,772 Fall from stacked material, roof, scaffold 174 23,781 Fall from non-moving vehicle 367 16,191 Jump to lower level 169 13,332 Fall to same level, against objects 2,514 10,595 Bodily reaction, other 2,505 9,128 Loss of balance 851 9,968 Overexertion, all other 1,298 12,176 Lifting objects 3,039 9,003 Pulling, pushing objects 1,122 8,827 Holding, carrying, wielding objects 1,227 8,897 Repetitive motion 2,308 10,317 Contact with electrical current 33 13,345 Exposure to Traumatic Event 33 23,913 Highway Collisions 636 12,432 Struck by Vehicle 190 18,856 Fire 15 16,842 Explosion 23 12,792 Assault or Violent Act by person 249 11,498 Notes: Table reflects estimated medical, timeloss, and partial permanent disability cost data for disabling claim closure activity. Costs exclude PTD and fatal indemnity, vocational assistance, medical-only claim costs, settlements, timeloss paid prior to claim denial and prior to settlement where claim was never closed, and compensation modified on appeal. Source: Research and Analysis Section, Information Management Division, DCBS. 32