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  • In the construction world, safety isn’t just about checking off an item on your list, it’s the most critical aspect of your business. Yet, even with all the precautions in place, tragedies still strike, reminding us of the real risks involved. Unfortunately, this was tragically reinforced in August 2023 when a worker lost their life due to an electrocution incident. Let’s dive into the details of this incident so construction businesses can take proactive steps to ensure this doesn’t happen to their staff.

    The Incident

    At a Palm Pay residential construction site, tragedy struck. A worker, suspended from a crane boom, came into contact with two 13,200-volt power lines. The result was fatal – an unimaginable loss that shook the community. The Occupational Safety and Health Administration (OSHA) swiftly investigated the incident, uncovering serious violations.

    Citations And Violations

    Capt’n Hook’s Crane Service Inc., a Florida-based crane rental company, was cited by OSHA for the following violations:

    • Uncertified crane operator: The company employed an uncertified crane operator. Crane operators play a pivotal role in ensuring safety during lift operations. Proper certification ensures competence and adherence to safety protocols.
    • Operating near overhead power lines: Operating a hydraulic crane within 200 feet of overhead power lines is risky. The proximity to high-voltage electricity poses an immediate danger to both workers and the public, which Capt’n Hook’s Crane Service Inc. failed to observe.
    • Other-than-serious violations: The company also failed to label and mark rigging equipment, failing to ensure the legibility of warning labels on the crane.

    OSHA proposed a hefty penalty of $26,585. This financial consequence serves as a stark reminder that safety lapses have real-world costs.

    Lessons Learned

    1. Certification matters: Employing certified professionals ensures competence and adherence to safety standards. Companies must prioritize proper training and certification for all personnel.
    2. Safety zones are non-negotiable: The 200-foot buffer around overhead power lines exists for a reason. It’s not a suggestion; it’s a mandate. Companies must rigorously enforce this safety perimeter.
    3. Attention to detail saves lives: From labeling rigging equipment to maintaining legible warning labels, every detail matters. These seemingly small actions can prevent catastrophic accidents.

    Safety First With A PEO

    As we learn about this fatal accident, let’s collectively commit to a safer future. As a business owner, take a proactive approach to workplace safety and partner with a professional employer organization (PEO) like GMS. GMS’ safety experts provide a wealth of knowledge and offer various services to ensure your workplace is compliant and your workers are protected. From job site inspections and OSHA citations and assistance to training and everything in between, our experts are here to make your workplace a safer place. Don’t make the same mistake that Capt’n Hook’s Crane Service Inc. did; contact us today!

  • Workplace safety and health hazards are serious concerns that can significantly impact employees and a company’s overall operations. Recently, Dana Container, a transportation company in New Jersey, has come under scrutiny for repeatedly failing to address safety hazards, resulting in hefty fines imposed by the Occupational Safety and Health Administration (OSHA).

    Background

    Dana Container, located in Paulsboro, New Jersey, has been facing a substantial fine of $437,860 from OSHA due to various workplace safety and health hazards involving chemicals. The investigation was initiated in July 2023 following an employee complaint highlighting significant safety and health deficiencies within the company.

    The OSHA investigation revealed several violations, including a willful violation for the improper maintenance of safety data sheets for chemicals, such as corrosives. In addition, the company was cited for three repeat violations, including failure to update container labels, inadequately maintained eyewash stations, and a lapse in conducting medical evaluations for workers before respirator use. Dana Container had also been cited for similar violations in 2019 and 2023, indicating a recurring pattern of non-compliance.

    Furthermore, the company received four serious citations for failure to inspect hoists, establish a written hazard communication program, and ensure the fulfillment of safety requirements while using a lifeline fall protection system.

    The company has been given 15 business days to either comply with or contest the findings. Dana Container must rectify the identified safety and health hazards and implement robust measures to prevent their recurrence in the future.

    Importance Of Compliance And Accountability

    The repeated nature of these violations raises serious concerns about Dana Container’s commitment to ensuring the safety and well-being of its employees. Workplace safety is a legal obligation and is imperative for companies, especially those involved in transporting and handling hazardous materials.

    Ensuring a safe working environment is crucial for safeguarding the welfare of employees and preventing potential accidents or long-term health issues resulting from exposure to hazardous chemicals. In addition, non-compliance with safety regulations can tarnish the company’s reputation, leading to a loss of trust among employees, clients, and the public.

    Embracing A Culture Of Safety

    Dana Container should consider reevaluating its safety protocols, providing thorough training to employees on chemical handling and safety procedures, and implementing stringent measures to ensure compliance with OSHA regulations. This serves as a reminder of the importance of upholding workplace safety and health standards, particularly in industries dealing with hazardous materials.

    Consider partnering with a professional employer organization (PEO) like GMS to ensure the safety of your employees. GMS works with a wide variety of industries, including the transportation industry. As your transportation and logistics company grows, the administrative aspects of your business require more time and resources. Our safety experts help business owners take a proactive approach to workplace safety through various services. These strategies include:

    • Training
    • Job hazard analysis (JHA) and standard operating procedures (SOP)
    • Onsite consulting 
    • OSHA inspection and citation assistance
    • Jobsite inspections
    • Accident and injury investigations

    Contact us today to learn more!

  • California employers, unless exempt, are required to exhibit their annual summary of work-related injuries and illnesses visibly at every worksite from February 1, 2024, through April 30, 2024. This requirement ensures that employers are informed about the safety landscape of their workplace, promoting transparency and accountability.

    The Cal/OSHA’s Form 300A is the cornerstone for this mandatory posting. Employers can access guidance on completing both the log (Form 300) and the annual summary (Form 300A) on Cal/OSHA’s Recordkeeping Overview page, facilitating compliance with the regulations.

    Recording Requirements For Work-Related Incidents

    Cal/OSHA dictates that employers must record work-related fatalities, injuries, and illnesses according to specific criteria. An incident must result in one of the following to be considered recordable:

    • Death 
    • Days away from work 
    • Restricted wrok or transfer to another job
    • Medical treatment beyond first aid
    • Loss of consciousness
    • A significant injury or illness diagnosed by a physician or other licensed health care professional 

    Inclusion Of COVID-19 Incidents

    While the COVID-19 emergency in California has ended for workplace health and safety requirements, any work-related COVID-19 fatality or illness meeting the criteria must be diligently recorded on the employer’s Form 300, 300A, and 301, or equivalent form.

    Electronic Submission Requirement For Covered Employers

    Certain employers are obligated to electronically submit Form 300A data annually to Cal/OSHA by March 2, 2024, if they meet specific criteria:

    Employers who fall within these categories can refer to Appendix H for a comprehensive list of covered industries and obtain information on electronic submission through the federal OSHA’s Injury Tracking Application website.

    What Next?

    By adhering to these regulations, employers demonstrate their commitment to maintaining a safe and healthy work environment, fostering trust and well-being among their workforces. However, this can be challenging as a small business owner wearing multiple hats simultaneously. However, we’re here to tell you there’s a solution – partnering with a professional employer organization (PEO) like GMS. This partnership allows business owners to leverage the expertise and resources of a dedicated team to ensure seamless compliance with regulations, including the accurate completion and submission of required forms, while also accessing tailored guidance on workplace safety best practices. Embracing GMS’ support streamlines administrative burdens and empowers business owners to prioritize their core operations, knowing that their workforce’s well-being and regulatory obligations are being managed properly. Contact our HR experts today to learn more. 

  • The significance of workplace safety cannot be overstated. It’s a fundamental right of every employee to work in an environment where their well-being is safeguarded. The recent announcement by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) to replace traditional hard hats with modern safety helmets signifies a pivotal shift in prioritizing the protection of workers from head injuries. This move reflects OSHA’s commitment to the welfare of employees and underscores the critical role of proactive safety measures in preserving human lives and minimizing the economic impact of occupational hazards.

    The Need For Change

    Historically, hard hats have been a staple in protecting workers from falling objects and head injuries. However, as technology and materials have advanced, so have the options for safeguarding workers. Traditional hard hats, with a design dating back to the 1960s, provide limited protection from side impacts. This leaves workers vulnerable to head injuries, as highlighted by the most recent U.S. Bureau of Labor Statistics (BLS) data showing that head injuries accounted for 5.8% of nonfatal occupational injuries involving days away from work in 2021.

    Limitations of hard hats

    • Hard hats lack chin straps, increasing the risk of injury in the event of a fall 
    • They lack vents, leading to heat buildup and discomfort for workers 

    Advantages Of Safety Helmets

    Safety helmets, equipped with innovative features such as impact resistance, ventilation, and more, now offer a more comprehensive and modern approach to head protection. Modern safety helmets integrate new technologies to provide superior head protection, particularly against side impacts. They also feature integrated chin straps to secure the helmet during falls or rapid movement.

    Additional features include the following:

    • Vents for improved airflow and comfort
    • Integrated face shields, goggles, and hearing protection
    • Communication systems for clear interaction in noisy environments 

    The Impact On Industries

    OSHA strongly advocates for adopting safety helmets across various industries, including construction, oil and gas, electrical work, and tasks performed at heights. The agency emphasizes the cost of outfitting an organization with safety helmets pales in comparison to the financial and human costs of a single head injury.

    According to the National Safety Council, head injuries incur substantial medical costs, with an average settlement of $93,942, including $60,000 in medical expenses and $30,000 in other financial losses. Embracing safety helmets can mitigate these costs and the associated human suffering.

    Regulatory Standards

    OSHA standards mandate the use of protective headgear in various work environments and specify that protective helmets must adhere to the American National Standard for Industrial Head Protection. Adherence to these standards ensures that workers are adequately protected from head injuries. OSHA’s preference for safety helmets is rooted in a commitment to staying abreast of technological advancements and prioritizing the most effective safety measures. Employers are encouraged to update their safety protocols to align with this guidance, ensuring a safer and more secure work environment.

    Navigating OSHA’s Safety Helmet Shift With PEO Expertise

    Partnering with a professional employer organization (PEO) can be a strategic move for small business owners navigating the transition to safety helmets. PEOs specialize in providing comprehensive HR solutions, including guidance on safety protocols and compliance with evolving standards such as OSHA’s preference for safety helmets.

    Through a partnership with GMS, small businesses can ensure seamless integration of the new safety measures, access up-to-date information on industry trends, and receive tailored support to enhance workplace safety. In an era where prioritizing employee well-being is paramount, a PEO becomes a valuable partner for small businesses committed to staying ahead of the curve in fostering a secure and compliant work environment. Contact our safety experts today to learn more.

  • Workplace injuries are a serious concern for any business. According to the Bureau of Labor Statistics, there were 2.8 million nonfatal workplace injuries and illnesses in 2022. When an injury occurs, it’s not just the physical and emotional toll on the involved workers; there are also substantial legal and regulatory considerations, including attracting the attention of the Occupational Safety and Health Administration (OSHA).

    OSHA typically gets involved after a severe workplace injury, which can result in a rigorous investigation process, potential fines, and a public record of safety violations. These consequences can damage a company’s reputation and financial standing. However, by effectively managing these situations, it’s possible to minimize or avoid OSHA intervention.

    When Can OSHA Make An Inspection?

    Under OSHA, employers must provide a safe and healthy workplace for their employees. This encompasses broad safety guidelines and specific regulations tailored to various industries – all of which need to be followed to the letter. Failure to comply with OSHA standards can lead to hefty penalties and legal issues that can take months to resolve.

    OSHA inspectors carry out several types of inspections, including:

    • Severe injuries and illness: These inspections occur when a workplace incident results in a fatal or severe injury. 
    • Imminent danger: These can be triggered at any time and occur when practices or conditions are life-threatening. 
    • Complaints-based: Employees can contract OSHA anytime to report a workplace violation or safety concerns. 
    • Targeted: Highly hazardous industries or facilities that experience high rates of injury and illness are subject to targeted inspections. 

    OSHA has the authority to perform inspections virtually any moment, making it crucial for you to implement proper safety policies and procedures. This is essential not only to ensure the health of your team but also to maintain compliance with OSHA standards.

    OSHA Compliance

    In the moments that follow a severe workplace accident or fatality, it can be challenging to make the right calls and ensure not only that your team is getting the assistance they need but that you remain compliant with OSHA regulations. That’s why having a plan in place is vital. Many small businesses partner with professional employer organizations (PEOs) like GMS to use as a resource and navigate OSHA regulations.
    Following the immediate response to the injury, your team should:

    1. Conduct a thorough investigation: This should include an examination of equipment, witness interviews, and a review of workplace safety protocols. 
    2. Contact OSHA: Be proactive and don’t wait for OSHA to initiate. Report the incident and findings of your internal investigation as soon as possible. Fatalities must be reported to OSHA within eight hours of discovery, and inpatient hospitalization, amputation, or eye loss must be reported within 24 hours. 
    3. Implement corrective measures: Update any safety measures, provide additional training, and make necessary changes to your equipment or processes. 
    4. Documentation: Keep detailed records of your actions and communications. There is a record-keeping standard for each kind of workplace incident, but generally, you must keep documentation for at least five years. Proper record-keeping can safeguard your business if, down the line, any issues arise. 

    Lastly, you should follow up and iterate on your health and safety policies. Safety isn’t a one-time review process. You need to stay proactive and regularly review and update your protocols. Conduct safety audits and regular training sessions for your team. In addition, create channels for employee feedback so they can assist you in developing a safer workplace.

    Learn how GMS got OSHA to complete an investigation without coming on-site or issuing a citation after a notable workplace injury.

    Responding To A Workplace Injury: Real-Life Example

    The incident in question started with a seemingly routine delivery for a driver. The driver finished sweeping out the back of his truck when he went to rest his left hand on the side of the truck as he prepared to jump to the ground like he had done countless times before. Unfortunately, his wedding ring got stuck to the edge of the truck on this particular day. As he jumped to the ground with his arm fully extended, his finger was unable to handle the resulting force and was ripped off before his feet hit the driveway.

    This freak injury led to a panicked call to GMS from an Office Manager trying to figure out what to do next. The first step was to check on the employee and ensure he was taken care of and received the necessary medical attention for his injury. After that, it was time to follow the letter of the law.

    As mentioned, amputations must be reported to OSHA within 24 hours. After calming the Office Manager’s nerves, GMS walked her through the reporting process and had her leave a message on OSHA’s hotline. Next, a GMS Safety Coordinator conducted a thorough investigation at the scene of the injury and made the following recommendations to prevent this type of accident in the future:

    • Prohibit employees from entering the bed of the truck until the installation of permanent ladders
    • Prohibit employees from wearing jewelry while working 

    Shortly after we completed our investigation, OSHA called to get an account of that day’s events. Once the Office Manager gave the compliance officer the required information, the officer asked if she had done an internal investigation. She informed him of the GMS investigation and that the company had already implemented changes to prevent future incidents. In addition, she sent a copy of the inquiry to the compliance officer along with GMS’ recommendations and future training plans. After OSHA reviewed the investigation and the preventative actions put in place by GMS, OSHA closed its investigation and said that no further action was needed.

    Take The Right Steps To Protect Your Business After An Injury

    Between lost work hours, workers’ compensation claims, and other issues, on-site injuries are costly. That’s why GMS works to help you limit the chances of workplace injuries and follow proper procedures in case one ever occurs.

    At GMS, we help business owners take a proactive approach to workplace safety through services such as on-site consulting, training, and job site inspections. We’re always here to handle critical investigations and deal with OSHA on your behalf. It can be a struggle to stay ahead of risks when you’re busy building your business, so we have the experts to ensure you’re covered before and after incidents.

    Ready to protect your business? Contact GMS today to discuss risk management services and other essential HR functions.

  • Recent events have cast a glaring spotlight on the consequences of overlooking workplace safety. The U.S. Occupational Safety and Health Administration (OSHA) cited a Georgia-based chemical manufacturer, Chemical Products Corp., following a tragic incident that unfortunately took the life of an employee who had only been on the job for two months.

    The incident, involving fatal chemical and thermal burns from hot sludge after the opening of an air intake valve, not only resulted in the loss of a valued team member but also caused severe injuries to another worker. Shockingly, this was not an isolated case, as another employee suffered chemical burns just 25 days later.

    The Cost Of Ignoring Safety Measures

    OSHA’s citation outlined five serious violations against Chemical Products Corp., highlighting the company’s failure to implement essential safety precautions designed to shield workers from such hazards. The proposed penalties of $55,403 shed light on the real cost of neglecting safety protocols.

    Protecting Your Employees Is Non-Negotiable

    As a business owner, the safety and well-being of your team should be non-negotiable. These incidents are a stark reminder of the potential consequences of overlooking safety measures. Beyond the ethical imperative, investing in workplace safety procedures is an investment in the very foundation of your business – your employees.

    The Crucial Role Of Comprehensive Safety Procedures

    Establishing and strictly adhering to comprehensive safety procedures isn’t just a legal requirement; it’s a fundamental necessity. Proper training, hazard assessments, and the implementation of safety protocols are imperative to prevent tragic incidents such as those witnessed at Chemical Products Corp.

    Proactive Steps For A Secure Workplace

    As a responsible business owner, take proactive steps to ensure a secure workplace. Regular safety audits, employee training sessions, and a culture prioritizing safety can significantly reduce the risk of accidents and injuries.

    Avoiding Tragedy

    In the wake of this incident, the need for comprehensive workplace safety measures couldn’t be more evident. Small business owners often juggle multiple responsibilities, and ensuring stringent safety protocols might seem daunting. However, when you partner with a professional employer organization (PEO), you gain access to expertise, resources, and guidance to navigate the intricate landscape of workplace safety. PEOs like GMS offer tailored solutions, from comprehensive safety training to proactive risk assessments, all aimed at fortifying your business against potential hazards. They provide the support needed to create a culture of safety, minimizing risks and ensuring that tragic incidents like the one at Chemical Products Corp. never occur.

    GMS’ safety team can help business owners take a proactive approach to workplace safety through various services. These strategies include the following:

    • Jobsite inspections
    • Accident and injury investigations
    • Training
    • Job hazard analysis (JHA) and standard operating procedures (SOP)
    • OSHA inspection and citation assistance 
    • Onsite consulting

    Don’t wait for a crisis to prioritize safety – partner with GMS today to safeguard your business and employees. Contact us today to learn more. 

  • Workplace safety violations are among the costliest risks small businesses face, with OSHA citing fall protection, hazard communication, and equipment safety as top concerns. This article outlines OSHA’s top 10 workplace safety violations for 2023 and explains what employers can do to protect their workers and avoid penalties. It also demonstrates how partnering with a Professional Employer Organization (PEO) like GMS provides small business owners with access to safety experts who help ensure compliance and create safer workplaces.

    Small business owners, it’s time to take note. For the 13th consecutive year, lack of fall protection has remained at the top of the list of the U.S. Occupational Safety and Health Administration’s (OSHA) most frequently cited workplace safety violations. Workplace safety is not only a moral obligation but also a legal requirement that can have a profound impact on your business. This blog dives into OSHA’s top 10 safety violations for fiscal year 2023 and provides essential insights for small business owners to keep their workplaces safe and avoid costly penalties.

    General Fall Protection (7,271 Violations)

    Fall protection has consistently ranked as the number one violation for over a decade. This includes ensuring employees are properly equipped with fall protection gear when working at heights. Small businesses, particularly those in the construction or maintenance industries, must prioritize training and equipment to prevent falls and protect their workers.

    Hazard Communication (3,213 Violations)

    Hazard communication violations involve failing to properly label and communicate chemical hazards in the workplace. Small business owners must establish clear protocols for handling, storing, and labeling hazardous materials to protect their employees from potentially dangerous exposures.

    Ladders (2,978 Violations)

    Ladder safety to avoid accidents is essential. Ensure your employees receive training on ladder safety, regularly inspect and maintain your ladders, and provide the appropriate type and size of ladder for the task at hand.

    Scaffolding (2,859 Violations)

    Scaffolding is a common component of many construction projects. Small businesses involved in construction need to maintain, inspect, and assemble scaffolding according to OSHA’s standards to prevent accidents and ensure worker safety.

    Powered Industrial Trucks (2,560 Violations)

    Proper training and maintenance are key if your business uses forklifts or other industrial trucks. Small business owners must ensure their operators are trained and certified, and that equipment is maintained to avoid accidents.

    Lockout/Tagout (2,554 Violations)

    Lockout/tagout procedures are crucial for protecting employees during equipment maintenance and repair. Small businesses must have clear lockout/tagout protocols to prevent accidental machine starts.

    Respiratory Protection (2,481 Violations)

    Protecting employees from airborne hazards is paramount. Small business owners should provide appropriate respiratory protection, conduct fit testing, and implement effective safety measures to prevent respiratory-related illnesses and injuries.

    Fall Protection Training Requirements (2,112 Violations)

    In addition to providing fall protection equipment, small business owners must ensure their employees receive proper training in using this equipment. Training can save lives and prevent costly violations.

    Personal Protective And Lifesaving Equipment: Eye And Face Protection (2,074 Violations)

    Protecting workers’ eyes and faces is a top priority. Proper eye and face protection, such as goggles or face shields, should be provided and worn in areas with potential hazards.

    Machine Guarding (1,644 Violations)

    Machine guarding violations occur when equipment is not properly protected. Small businesses must regularly inspect and maintain their machinery to prevent accidents, injuries, and OSHA violations.

    Protect Your Business – Partner With A PEO

    As a small business owner, understanding OSHA’s top 10 safety violations for 2023 is essential for the well-being of your employees and the success of your business. Failing to address these violations jeopardizes your workforce’s safety and can result in costly penalties and legal issues. Fortunately, you could partner with GMS, a professional employer organization (PEO), to navigate this complex aspect of your business. We provide business owners with experienced safety experts who can help you proactively protect your business and employees.

    GMS’ safety team has the knowledge and resources to assess your workplace, implement safety measures, and ensure compliance with OSHA regulations, all before OSHA comes knocking on your door. By partnering with GMS, you can confidently navigate the complex world of workplace safety and focus on growing your business while leaving safety concerns in capable hands. Contact our team of experts today!

  • In a move that has been long-awaited by workers and advocates across New York, Governor Kathy Hochul has taken a decisive step to improve the lives of injured workers. She signed into law a bill that will not only increase the minimum weekly workers’ compensation benefit but also revolutionize the way these benefits are calculated, ensuring a fairer and more just system.

    A Boost In Workers’ Compensation Benefits

    The heart of this groundbreaking reform is the significant increase in the minimum weekly permanent and temporary partial disability benefits. As it stands, the minimum weekly benefit has remained stagnant since May 2013 at $150. However, with the signing of S1161/A2034, these benefits will see a remarkable transformation. In 2024, the minimum weekly benefit will rise to $275, providing immediate relief to workers who have long felt the weight of inadequate compensation.

    But that’s not all; the bill doesn’t stop at a one-time increase. In 2025, it will continue its upward trajectory, reaching $325 per week. These changes are not just about numbers; they’re about improving the lives of workers who depend on these benefits to make ends meet when faced with an injury.

    A Fairer And More Equitable Future

    The most transformative aspect of this reform is the indexing of minimum weekly benefits to the state’s average weekly wage, ensuring fair compensation for all injured workers. Beginning in 2026, these benefits will be linked directly to the state’s average weekly wage, the same metric used to adjust the maximum benefit.

    Under this new system, the minimum weekly benefit will be set at one-fifth of the average wage. This means that if an injured worker’s earnings fall below the threshold, they will receive full wages as compensation for their covered injury. This change is a game-changer for those who, in the past, were left with inadequate compensation due to lower incomes.

    This new law is a testament to the power of advocacy and the determination to create a more equitable society. It acknowledges the fundamental principle that every worker, regardless of their income, deserves fair compensation when faced with a work-related injury. Governor Hochul’s signature on this bill marks a historic moment for New York and a brighter future for its injured workers.

    Navigate The Future Of New York Labor Laws With GMS

    In light of these progressive changes in workers’ compensation benefits, the landscape of employment in New York is evolving rapidly. For businesses, this presents an excellent opportunity to demonstrate their commitment to their employees’ well-being while also staying compliant with the latest regulations. Partnering with a professional employer organization (PEO) like GMS is the key to confidently navigating these changes.

    PEOs offer guidance on navigating the intricacies of these new laws and provide tailored solutions to ensure your business is fully compliant. Partnering with us allows you to focus on what you do best – growing your business – while we handle the complexities of compliance, ultimately fostering a more productive, happier, and secure work environment for your employees. When you partner with us, we’ll lead the way by helping you embrace the future of workplace fairness. Contact us to learn more.

  • In a stride towards enhancing workplace safety and ensuring regulatory compliance, the U.S. Department of Labor (DOL) has proposed a groundbreaking proposed rule. This rule redefines the individuals authorized to accompany Occupational Safety and Health Administration (OSHA) compliance officers during workplace inspections. This initiative aims to usher in a new era of inclusivity and accountability in maintaining workplace safety by broadening the scope of representation.

    Expanding Representation

    Released on August 29th, 2023, the proposed rule signifies a transformative shift in the landscape of workplace inspections. At its heart, the rule empowers employees to authorize an employee or a non-employee third party to accompany OSHA compliance officers during inspections. It’s important to note the third party’s endorsement does not necessitate employer approval; it’s solely subject to the inspector’s consent. The rule is meant to enhance the efficacy and comprehensiveness of inspections, thereby fostering safer and more informed working environments.

    Embracing Diverse Expertise

    One of the features of the proposed rule is its departure from the traditional confines of who can be designated as a third-party representative. The law highlights that these representatives cannot be restricted to industrial hygienists or safety engineers. The driving force behind their inclusion is the unique expertise they bring, be it specialized skills, profound knowledge, or diverse experiences that can substantially enrich the compliance officer’s inspection process. This rule acknowledges that individuals with insights into specific hazards, workplace conditions, or even fluency in different languages can bridge communication gaps between OSHA representatives and workers.

    Addressing Concerns From Employers

    Employers have raised valid concerns about union representatives potentially exploiting safety inspections for their agendas. The potential presence of a wide array of representatives, including personal injury lawyers, experts, lobbyists, and legal advocates for public interest groups, has ignited discussions around conflicts of interest groups and the protection of sensitive information such as trade secrets. A trade secret is an intellectual property with inherent economic value because it’s not generally known or readily ascertainable by others, and the owner takes reasonable measures to keep it secret.

    While these concerns are valid, the proposed rule incorporates provisions that empower OSHA inspectors to prevent individuals from participating in inspections if their actions disrupt the process or jeopardize an employer’s ability to safeguard trade secrets and proprietary information.

    Leveraging PEOs For Seamless Implementation 

    As the proposed rule for expanded representation during OSHA inspections takes center stage, employers face opportunities and challenges in upholding workplace safety. However, partnering with a professional employer organization (PEO) can be your saving grace. PEOs such as Group Management Services (GMS) specialize in managing various HR functions, including compliance and safety, allowing businesses to navigate regulatory changes more effectively.

    With our expertise, we help employers understand the intricacies of the proposed rule, select appropriate third-party representatives, and ensure a seamless integration of these changes into their safety protocols. By partnering with us, employers can balance representation and safety, fostering a secure work environment that aligns with regulatory mandates and their employees’ well-being. As the discussion of this ruling continues, GMS is ready to support businesses in championing workplace safety while navigating the evolving landscape of employee representation. Get a quote today!

  • As scorching temperatures sweep across the United States, breaking records and posing serious threats to workers, President Joe Biden has taken a momentous step to safeguard their well-being. With the heat wave expected to intensify in central and southeastern regions, the risk to workers has never been higher. In response to this alarming situation, President Biden has directed the Department of Labor (DOL) to issue an unprecedented hazard alert for heat, marking the first of its kind in history. This landmark decision underscores the administration’s commitment to worker safety and sets the stage for crucial changes in heat-related protections under federal law.

    The Heat Wave’s Impact On Workers

    With triple-digit temperatures becoming the norm in various parts of the country, workers’ lives are being put at risk. Outdoor laborers, especially those in the construction and agriculture sectors, face extreme challenges due to prolonged exposure to the blistering heat. Heat-related illnesses such as heatstroke, heat exhaustion, and heat cramps become all too common during such weather conditions. The situation is further exacerbated for workers in central and southeastern regions, where the heat wave shows no signs of giving up.

    Phoenix baked under its 27th consecutive day of record-breaking heat with temperatures of 110 degrees Fahrenheit or higher. In Texas, 13 deaths and hundreds of injuries and emergency room admissions have been attributed to scorching heat waves. Heat mitigation has been a bargaining issue for UPS drivers who threatened to strike; union leaders and UPS announced a tentative deal to equip the trucks with air conditioning, heat shields, and additional fans.

    Biden’s Call For Action

    Recognizing the severity of the heat wave’s impact on workers, President Biden’s proactive approach in requesting the DOL to issue a hazard alert for heat is both timely and commendable. This alert reminds employers of their obligation to ensure a safe working environment for their employees during hazardous heat conditions. By spotlighting this issue, the administration aims to raise awareness about the dangers of extreme heat exposure and create a sense of urgency to implement necessary precautions.

    Enhanced Worker Protections

    The DOL’s hazard alert is not merely symbolic; it comes with tangible actions to mitigate risks and preserve worker health. Employers will receive vital information on the measures they can and should take to protect their workforce during heat waves. This includes guidelines on providing adequate shade, rest breaks, and access to hydration and training workers and supervisors to recognize and respond to early signs of heat-related illnesses.

    Moreover, the DOL’s decision to ramp up enforcement of heat-safety violations demonstrates the seriousness with which the administration views this matter. Holding employers accountable for neglecting their workers’ safety during extreme heat is crucial to creating a culture of adherence to heat-safety regulations.

    A National Standard For Workplace Heat Safety

    In addition to the hazard alert, the Occupational Safety and Health Administration (OSHA) is actively working towards developing a comprehensive national standard for workplace heat-safety rules. This ambitious undertaking aims to establish uniform guidelines and protocols for all industries and regions. A national standard will streamline safety procedures and ensure consistent and effective protection for workers, regardless of their location or occupation.

    How PEOs Build Stronger Heat Safety Protections For Businesses And Workers

    In the face of escalating heat waves and their potential threats to workers’ safety, businesses have a vital role to play in safeguarding their employees. Partnering with a professional employer organization (PEO) can be a game-changer for businesses navigating these challenging times. A PEO like GMS brings expertise in human resources, risk management, and workplace safety, enabling businesses to develop comprehensive heat mitigation strategies. From providing guidance on implementing heat safety protocols to ensuring compliance with federal regulations, a PEO empowers businesses to prioritize the well-being of their workforce. By collaborating with GMS, businesses can proactively equip their workers with the necessary resources and support, fortifying them against the scorching heat waves and creating a safer, more resilient work environment for all. Contact us today to ensure a safe work environment for your workers.