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August 16, 2024 Washington — NIOSH is seeking respirator manufacturers and other participants for a new project aimed at determining how well the devices protect workers who have facial hair when beard bands are used.   Beard bands, which can be made from silicone or rubber, are an accessory used to keep hair or beards in place. According to a notice published July 25, the agency is looking for beard band manufacturers to participate in the project as well.   “The COVID-19 outbreak highlighted the ongoing need for effective respiratory protective devices for workers, especially in health care,” the notice states. “In the first phase of this study, respirator fit will be evaluated using the NIOSH-approved filtering facepiece respirators selected to participate in the study when worn on persons with facial hair. Then respirator fit will be determined for the same individuals wearing a beard band under the respirator.”   Additional study phases may include other kinds of tight-fitting respirators, including particulate-only elastomeric half-mask respirators or full-facepiece respirators. The study might also look at Simulated Workplace Protection Factor on respirator users with facial hair.   “The SWPF refers to the ratio of the concentration of the contaminant in the ambient air to that inside a respirator under conditions that simulate the work environment or various work activities,” the notice states.   “The study will provide data useful to support OSHA and NIOSH policy regarding the appropriateness of using beard bands with filtering facepiece respirators and particulate EHMRs or full-facepiece respirators. This study may lead to increased means for employers to conform with the OSHA respiratory protection requirements and possibly increase compliance with respiratory protection guidelines and standards among bearded workers in various industries.”   Anyone interested in participating in the study must submit a letter of intent by Sept. 23.

August 14, 2024 DENVER — Addressing workplace mental health challenges is the missing link in many employers’ plans to tackle the physical hazards that could lead to injuries and prolonged workers compensation claims, according to a panel of health and safety experts who discussed the current state of so-called psychosocial hazards.   Among the panelists who spoke last week at Safety ’24, the American Society of Safety Professionals’ annual conference, Carrie Patterson, executive vice president of human resources consultancy Patricia Omoqui Enterprises Inc., drew a comparison between a physical injury that might keep a worker off the job 13 weeks and the compounding that happens when there’s a psychosocial or “toxic” issue in the workplace.   “You leave for six months because the work environment is so challenging for you,” said Ms. Patterson, who is based in Glastonbury, Connecticut, and provides psychological counseling to companies aiming to create positive work environments.   Panelist David Daniels, Atlanta-based president and CEO of safety consultancy ID2 Solutions LLC, called the issue of creating mentally safe work environments “seminal” to safeguarding against physical risks. “Psychosocial hazards … are just as real as physical hazards,” he said.   Psychosocial safety “informs how workers react to things,” he said. “It informs how they respond to things. It informs how they do things, what's important to them and what's not.   “What we as safety professionals have done, not intentionally, is focused so much on the physical aspect of the job. It's kind of how the law is written, right? The (Occupational Health and Safety) Act has 19,700 words or so; it mentions ‘psychological’ twice. It wasn't built to be concerned about how people feel at work.”   Ken Clayman, McLean, Virginia-based senior lead technical specialist with business consultant Booz Allen Hamilton Holdings Corp., said companies can use the same tools they use to identify physical hazards to address those considered psychosocial.   “We've got pretty good mechanisms in place on how to deal with the physical hazards already; that's what most of us are doing on a day-to-day basis. But are we really dealing with a person's mental state or condition as a result of their work activities and the workplaces that they are attending?” he said.   “We can go around and take a look at our operations, take a look at what the people are doing, and we can identify what may be of a psychological concern, as much as we can look at what is of a physical concern. We have to start looking at the people and looking at the conditions and the environments that they're working in.”   Kahlilah Guyah, Austin, Texas-based founder and principal consultant at EHS Compliance Services Inc., said companies’ leaders can apply some strategies that are “supportive” and “responsive” to the mental needs of their workers, a practice that can be incorporated throughout an enterprise.   One practice is to support workers emotionally, “indicating that we are here and we care about the people,” she said. “This is where we set the example.”

August 9, 2024 DENVER — From smaller risks faced by those working in retail outlets to those risks experienced in construction, warehousing and food-processing enterprises, among the Occupational Safety and Health Administration’s priorities are repeat safety noncompliance and encouraging workers to speak out.   Assistant Secretary of Labor for Occupational Safety and Health Doug Parker spoke Friday at Safety ’24, the American Society of Safety Professional’s annual conference, giving attendees a bird’s eye view of the agency’s priorities in recent years. In addition to more formalized and ongoing rule-making, such as that addressing heat risks and infectious diseases, the agency has expanded enforcement targets.   One area of concern has been zeroing in on businesses with repeat safety issues — such as workers experiencing amputations due to unguarded machinery — and aiming to work with employers to reduce risks to workers, Mr. Parker said.   “We are taking a more comprehensive approach where we are seeing the same issues over and over again, and in planning we’re taking more aggressive interventions to ensure maintenance and improve safety,” he said.   With falls from height among the most dangerous risks faced by construction workers in particular, accounting for a lion’s share of worker deaths annually, “we are really hoping that we can finally bend the curve on what is really an epidemic of noncompliance (with fall protection) and that is the problem that we have year in and year out with workers dying needlessly because their employer has not properly implemented fall protection,” he said.   Trenching — another deadly hazard causing hundreds of deaths annually — is another concern that has led the agency to seek criminal prosecutions for repeat offenders, he said.   The agency in recent years also expanded its Severe Violator Program, targeting not just high-hazard industries, he said. “And there was some criticism of that initially, that we were not really allocating our resources properly.”   The move to look at all industries with multiple and similar citations has led to progress, he said, citing the example of Dollar Tree and Family Dollar stores, which have faced more than a million in fines overall for such issues as warehousing materials.   “As a result, those companies may have made significant safety investments or will,” he said. “They are reviewing their logistics and inventory controls. They’re implementing more worker participation and rapid response programs.”   Whistleblower protections are another focus. Over the past year and a half, the agency has reduced investigation timeframes from a high of more than 300 days to now under 200 days on average, he said.   He says employers must have a “system in place where workers can speak up,” he said.   “You cannot assume that they will (speak up) even if you have no intention of ever retaliating against someone,” he said. “They may very well not speak out because they’re afraid about their job. …You have to make it clear to them, again and again and again. And you have to have procedures and processes that ensure that they cannot only speak up, but that it is your expectation that they will.”

August 9, 2024   DENVER — Most workplace fatalities have similar core elements that employers in high-risk industries can study to prevent similar disasters, according to industrial safety experts.   A push to study root causes of workplace fatalities grew out of a deadly methane gas explosion in 2023 in a coal mine in Kazakhstan, operated by ArcelorMittal S.A., a steel and mining company based in Luxembourg, according to Mike Dwyer, the company’s corporate health, safety & security director, who spoke Thursday at Safety ’24, the American Society of Safety Professional’s annual conference.   “We wanted to build this model together so we can predict where the next fatality is going to happen,” said Kitchener, Ontario-based Mr. Dwyer, who worked to create a root-causes model with co-presenter Peter Susca, Wethersfield, Connecticut-based principal at Operational Excellence LLC, a consultancy that does business as OpX Safety.   The pair looked at other fatal incidents and found similar factors, such as overall organizational issues, including profit-centeredness and not investing in equipment; poor management and accountability for safety; a work culture comfortable with hazards; and bad operational decisions.   In the case of methane explosions in mines, not allowing ample time for the gas to release before sending workers into a mine — a business decision usually made to compress a work timeline — is a contributing factor, said Mr. Dwyer, who found 26 contributing factors that can lead to disasters.   Mr. Dwyer and Mr. Susca said fatalities in the workplace come down to six elements: the presence of a hazard; exposure to the hazard while working; ineffective controls when facing the hazard; an organization not assessing those three elements; an immediate change in the work process, such as a problem with equipment or staffing; and poor overall management.   Mr. Susca said it is common for employers to blame workers when there is a fatality — or for companies to not address hazards and possibilities until someone is killed. Usually, the issue is in the organization, he said.   “When you look at organizational factors, they remain the same,” Mr. Dwyer said. “It's the lack of investment. It’s procurement, making decisions that are not in alignment with safety. It's bringing contractors in at cheap prices, not having the best contractors. It's all these types of decisions.”

August 5, 2024 A worker who was fatally injured at Tampa International Airport last week was struck by a piece of heavy equipment that fell from a track, according to news reports.   Authorities said Cesar Hernandez Donu, 29, of Seffner, Florida, was working on a shuttle guideway renovation project early Wednesday morning when a track hoe fell and landed on him, the Tampa Bay Times and other outlets reported.   The Hillsborough County Aviation Authority is working with Johnson-Laux Construction to investigate what happened, the authority said in a statement. Hernandez Donu was employed by RWH Construction Services, a Tampa roadway contractor, and was considered a good worker, his obituary noted.   The man was born in Mexico and was a member of a Catholic church in Seffner. He was married and had two daughters.   The $61 million airport project began more than a year ago and is aimed at refurbishing shuttles that move people around the airport, ENR Southeast reported.   The Florida Office of Judges of Compensation Claims shows that RWH Construction was part of six contested workers’ compensation claims in the last 11 years. Johnson-Laux had one contested injury claim, in 2016.

August 5, 2024 Cincinnati — Various psychosocial, organizational and physical factors may increase workers’ risk of low back pain, according to a recent study led by NIOSH researchers.   Looking at 2015 data for more than 17,000 adult workers who participated in the National Health Interview Survey, the researchers found that the rate of low back pain was “significantly elevated” among those who reported:   ·        High job demand ·        Low control over their work ·        Job insecurity ·        Work-life imbalance ·        Bullying ·        Nontraditional work shifts ·        Physical exertion “Job control and nonstandard shifts were significantly associated with low back pain only among those who reported low/no physical exertion,” the study’s abstract states.   NIOSH says on its website: “Many workers will experience low back pain at some point. Understanding the causes of work-related low back pain is crucial to developing prevention methods.”   The study was published online in the Journal of Occupational and Environmental Medicine.

July 31, 2024 Robert Jorden Bressler v. Florida School Board Assn and Hartford Underwriters Ins. Co., No. 1D2022-4145, Apr. 11, 2024 The claimant, a senior claims adjuster, worked remotely in Orlando and once a quarter went to Tallahassee to the employer’s office. He typically was picked up by a rental car company. However, on the alleged date of accident, he had to ride an electric bicycle to the car rental facility. On the way there, he testified that he had an accident and hit his head on the cement while wearing a helmet. He claimed injuries to his head, neck, left elbow, right elbow and low back. He testified that he got back on his bike, picked up the rental car, went home, got cleaned up and drove to Tallahassee. He attended a training session the following day. He admitted that he did not give notice to his employer. He was terminated shortly thereafter. Prior to the alleged accident, the claimant had been diagnosed and treated for PTSD, anxiety and depression. Furthermore, a month before the accident, he was hit in the head by a barbell while working out. He went to the emergency room on July 7, 2021, (a few weeks before the alleged date of accident) and reported that he had sustained a head injury three weeks prior. In August 2021, he saw a neurosurgeon and had an MRI of the brain. For the work accident, the claimant underwent an IME. He reported the bicycle accident, complaining of chronic headaches, migraine, nausea, dizziness, photophobia and anxiety. He reported to the IME physician that he did not have any of those symptoms prior to the work accident. He also reported a brief loss of consciousness with the bike accident. He did admit to the barbell incident, but said he had fully recovered. The claimant did not reveal his prior mental history to the IME physician. The IME physician opined that the claimant’s symptoms were related to the bike incident and that further treatment was needed. On cross-examination and during deposition, the IME physician acknowledged that the claimant’s history as given was inconsistent with his deposition testimony. The claimant filed a Petition for Temporary Total/Temporary Partial Disability Benefits from the date of accident and continuing, compensability of the head and neck, injury and PICA. The employer/carrier denied, arguing there was no accident or injury, pre-existing medical conditions, misrepresentation and untimely notice. The claimant argued that notice was timely because the petition was filed within 30 days of the alleged date of accident. However, the judge pointed out that section 440.185 1(d), Florida Statutes (2021) states, “Documents prepared by counsel in connection with litigation, including but not limited to notices of appearance, petitions, motions, or complaints, shall not constitute notice for purposes of this section.” The claimant testified that he did not give notice to his employer of this alleged accident. The petition, pursuant to statute, does not serve to fulfill the notice requirement. The judge pointed out the inconsistencies between the claimant’s deposition testimony and the information he gave to the prior physicians and the IME physician. Due to the inconsistencies and misrepresentations in the testimony and history, the judge rejected the claimant’s testimony regarding the occurrence of a work accident. The judge pointed out that the claimant testified that he knew from being an adjuster that notice must be given within 30 days. The Order further noted that the claimant did not seek medical treatment for the significant injuries he alleged, instead waiting 30 days to file a petition requesting treatment. The judge found that the claimant made material misrepresentations for the purpose of obtaining worker’s compensation benefits. All benefits were denied due to untimely notice, material misrepresentations, no accident or injury, and no proven loss of earnings as a result of a compensable work accident. The claimant appealed, and the First District court of Appeal issued a per curiam  affirmance on April 11, 2024, without a written opinion.

July 26, 2024   Itasca, IL — Taking simple steps before work begins can help curb job-related musculoskeletal disorders.   Multiple experts reiterated that message on June 13 during the National Safety Council MSD Solutions Lab’s third annual virtual Workplace Safety Summit.   As the lab aims to reduce work-related MSDs by increasing access to safety best practices and technology – in part through commitment to its free MSD Pledge – member organizations tout the success of small but impactful activities to help keep workers safe. These include job planning, worksite assessment and stretching.   “There’s the $5 fix, there’s a $5,000 fix and there’s a $5 million fix,” physical therapist Dustin Reinbold said in a video played during the event. “And if you just spend some time with the employees, with your supervisors, and talk to them, you can usually find lots of $5 fixes out there that can make a real difference.”   Reinbold works alongside employees at Schneider Electric, one of the 200-plus organizations that have signed the pledge. That figure stood at 16 when the MSD Solutions Lab launched the pledge in 2022.   MSDs include tendinitis, back strains and sprains, and carpal tunnel syndrome. They’re the most common workplace injury and remain the leading cause of worker disability, early retirement and limitations to gainful employment.   “These injuries may not take someone’s life,” Paul Vincent, executive vice president of workplace practice at NSC, said during the event, “but they do take someone’s ability to enjoy their hobbies or play with their kids. These are not small losses, and we can’t afford to overlook them as a community, because not only do these injuries impact workers, but their families, employers and also communities.”   Dana Schultz, human resources and safety manager at Superior Tube Products, said her organization has reduced MSD injuries nearly 90% since signing the pledge.   One of its features, the MSD Solutions Index, offers members information about other participants’ MSD prevention efforts. Schultz credits the tool for helping Superior Tube in its mission to mitigate injuries related to repetitive motion, heavy lifting and awkward postures that can be common during steel tubing fabrication.   “You get access to companies all across the country that are in different stages of their safety program,” Schultz said.   Added Sarah Ischer, senior program manager for the MSD Solutions Lab: “When an organization joins the pledge community, they’re truly joining a community that they can share ideas with, network, benchmark and really understand what they can do to make their workplaces safer.”   Further, NSC announced it has awarded nearly $265,000 through its Research to Solutions and MSD Solutions Pilot Grant programs.   In a press release, NSC President and CEO Lorraine M. Martin said through the growth of the pledge “and awarding grants to some of the nation’s top innovators, we are one step closer to helping workers everywhere lead healthier, fuller, MSD-free lives.”   Grant recipients will be able to present safety findings at the 2025 NSC Safety Congress & Expo in Denver or another event in 2025.