The Apollo 13 service module as seen by the astronauts after separation (source Wikipedia)

In 1970, the Apollo 13 mission to the moon suffered a crippling explosion on the spacecraft. The fate of three men, and the future of the US space program, hung in the balance. Using only what they had on the spacecraft and the engineering skill of the team, they found a way to overcome their obstacles and get the three space travelers home. Mission control leader Eugene Kranz uttered the now famous phrase “Failure is not an option.”

What does this have to do with safety or preparedness? Not much on the face of it, but a lot when you look at the will to never give up. As safety or emergency preparedness professionals, we often find ourselves in situations where despite our best efforts we are not “winning.”

We at times can’t find the energy to overcome our obstacles. We suddenly have a few unexplained serious accidents or get violations from regulators who are reviewing our preparedness plans. In these types of situations it is easy to sit down and give up.  But when we give up, people can get hurt or die.

But as Apollo 13 and the Giants have demonstrated by example, failure is not an option. Yes, we have to take our lumps. But we can never give up. If we continue to believe in ourselves and our abilities, we will find the drive we need to do our jobs to the best of our ability. Are we going to win every time? No, the Giants made the playoffs with a 9 – 7 record. But, if we persevere, we can make a significant impact in the long term.

Now to show my true colors. Way to go Big Blue. Go Giants!

Mario Manningham's 38 yard catch that kept the TD drive alive (source - NY Daily News 2012)

1. First, construction workers of all trades are continually exposed to fall hazards on a daily basis.  It is the nature of the business;
2. Falls are frequently fatal or result in significant injuries;
3. Some construction workers are not fully trained in fall hazard awareness;
4. Some employers still ignore fall hazard risks;
5. Some construction workers misunderstand the fall protection training that they received.

There is a hierarchy for hazard elimination that applies to all hazards and not just fall hazards.  Just for argurements sake, let’s review that hierarchy related to fall protection:

• Eliminate the hazard.  This is almost impossible unless all construction projects are completely done at ground level.
• Engineer the hazard out of the workplace.  Engineering controls include guardrails, walls, nettings and other devices that prevent workers from fall hazards.  But guardrails and other engineering controls are not always possible during all phases of construction.
• Apply workplace administrative controls.  Restricted access zones on roofs, training, worker qualifications and workplace rules (such as an across the board 6-foot fall protection, and Subpart R rule for steel erection) are all examples of common admin controls for fall hazards.  There are times that these controls can be applied with great success, but not in all cases.
• Finally, if the employer cannot remove the hazard from the workplace by applying the previous methods, then personal protective equipment (PPE) can be used to minimize the fall hazards to the workers.  In construction, the most commonly used and recognized fall protection PPE is the personal fall arrest system (PFAS).  Sometimes it is the most overused and least understood method for fall protection.

Trainees in this scaffold class made sure a PFAS harness was available just in case that was part of the practical test. It was; they lost points since the scaffold was not high enough to use PFAS and there were no tie-off points. (c) John Burke, 2012.

When asked about fall protection, most constrction workers can tell you about their harnesses and PFAS.  Many construction workers grab their PFAS harnesses and head to their work locations each day because thats what they always do and thats what is expected of them.  Many construction workers think of PFAS as their only fall protection method.  Many employers think that because they gave their employees PFAS harnesses that they provided their employees with fall protection. As a safety consultant, I’ve seen the following safety issues in the field with PFAS:  harness was worn upside down, harness worn on the front rather than the back, leg straps loose, leg straps not connected, safety lanyard connected to retractable device, safety lanyard attached to a rope, harness straps that were damaged by melting, oil or chemicals, harness worn open but connected to retractable device, harness worn properly with safety lanyard but not connected while working at leading edge, lanyards connected to conduit, rebar and even a door knob.  Trained workers are not wearing a key part of the PFAS properly and are putting themselves in danger.  Based on my observations, managment is not correcting these safety lapses or, frightenly, is unaware that the workers are not wearing the harnesses correctly.  Clearly, this one size fits all method of fall protection does NOT work.

The scariest part of the one size fits all method of fall protection is the fact that many employees are unaware of how far you have to fall for a PFAS to “save your life.”  I’ve seen construction workers on a canopy eight feet off the ground wearing a harness connected to the roof at their feet.  When asked about fall protection they will indicate their harness and their tie off point and wonder why you are bothering them.  Based on a tie off point at foot level, a six foot construction worker wearing a correctly donned safety harness and a six foot lanyard will fall almost 16 feet not counting safety factors before he will stop falling.  This 16 foot distance accounts for height, lanyard length and stretch, decceleration length and stretch, and harness stretch.  It becomes obvious that between 6 feet (a popular height where fall protection is required) and 19 feet (the height where counting in a safety factor of three feet a PFAS becomes effective) that another method of fall protection must be considered whether it is guard rails, higher tie-off points or using aerial lifts.

Scaffold erection/dismantling rules allow for competent person to determine if it is feasible for fall protection to be used and not increase the hazard. These trainees are checking the guard rails they just installed. (c) John Burke 2012.

I just finished teaching a group of sandhogs (Local 147) a 32 hour scaffold erectors course. This was a great bunch of construction workers and they were really into it.  Someone made the comment that this may be the first time sandhogs were trained to erect scaffolds and to be scaffold competent persons.  Well if that is the case, then these were the perfect sandhogs for that honor.  I am proud to have been associated with them.  These guys were concerned about safety.

We spent alot of class room time reviewing and discussing fall hazards, fall exposures, and fall protection.  We even focused on the limitations of various fall protection methods, especially the limitations of PFAS.  Some of the sandhogs commented that they just finished fall protection training where they were trained in the use of PFAS and fall hazards.  Still when it came time for the practical test, one crew selected to have PFAS harnesses for fall protection even though they were erecting a scaffold only 10 feet total in height that had a platform at 6 feet.  It is important for all employers to recognize that vigilance is vitally important in their approach to fall protection.  Employees have been given mixed messages in the past, so even when trained currently, they fall back on old “habits” for fall protection.

Failure to post this log from Feb 1 to Apr 30 can cost up to $10,000.

Most people don’t think about checking for deadlines in January, but there is an oft overlooked deadline looming. The OSHA 300A Summary Log deadline – February 1st – is rapidly approaching. The fine for failing to post the log is one of the easiest OSHA violations to avoid.

While you are looking at the 300A log, it is a good time to look at the expiration dates for your permits and licenses. Don’t count on the agency to send you the renewal notice, they can get lost or delayed in the mail. Even if you don’t get a notice or reminder, you are still responsible for keeping your permits and licenses up to date. Remember in the current economic climate, governments are trying to cut costs and raise revenues. It is not unrealistic to foresee agencies cutting out renewal notices and stepping up enforcement actions.

If your permits are not expiring until later in the year, make a notation a month or two in advance on your calendar as reminder to renew the permit or license.  Check your renewal files and see if you need a new or updated inspection for your permit renewal and schedule this in advance of the expiration date.

While you are reviewing your permits and licenses, you also should think about reviewing all the training certifications for you and your employees. You probably have a good handle on the cards that expire annually, but some licenses and certificates of fitness expire every three years or every other year.  There are also OSHA retraining requirementsthat are also on a non-annual basis such as forklift operator training that is required at least every three years.  Remember some license renewals require a refresher training certificate and others require just a form and a check.  If refresher training is required, review your operating and vacation personnel schedules and schedule the training so that it minimizes impact to your schedule and allows you to take any opportunities for group discounts on training.

OSHA requires a significant amount of annual refresher training such as hazardous communications training and fall protection.  If you have started on scheduling your annual refressher training, the first quart of every year or the first quarter of your fiscal year is an excellent time.  If you are not familiar with the required OSHA training, please see this excellent blog post on OSHA training requirements excerpted from the construction and general industry standards. It is a great tool for use when planning your 2012 training schedule, and for auditing OSHA training records. Who knows, you may even learn a little something about OSHA training requirements that you didn’t already know, I know I picked up a couple of new items.  Read this blog post at: http://oshatrainingservices.blogspot.com/2012/01/list-of-osha-training-requirements-now.html .

Happy New Year to ALL of our followers

It is the time of the year where we start to think about New Year’s resolutions. We reflect on the past year and what we want to change. Every year many of us make resolutions about our health, our finances, our relationships and our work lives.

We make these resolutions with all good intentions. We really want to change but, usually by mid-January, many of us have abandoned our resolutions and gone back to our usual ways. Does this make us bad people? No, I think that it is the pressure to get things done makes us return to our old ways and habits because it’s easier to get things accomplished.

I was at the mall recently, waiting for my wife and daughter to finish their shopping and returns. So I had time to think about my upcoming New Year’s resolutions when a scissor lift was driving through the mall with no flagger leading the lift through the mall patrons. There were two men on the lift. One was wearing a harness and it’s lanyard was attached to the lift guard rail and harness near his waist. The other individual was not wearing any harness. So instantly, I thought that one of my resolutions would be to post more regularly on the blog and proper use of fall protection would be my first new post.

Later when my wife and daughter met up with me, my wife told me about a scissor lift in the middle of the mall. She said they were taking down the Christmas decorations without any barriers where they were working. (My wife could easily get a job as a safety inspector).  There was a lack of worker safety, a lack of management oversight and a lack of public safety.  I then realized that I missed an opportunity.  An opportunity to help possibly save someone from getting hurt.  Instead, I sat there and did nothing.

When we see something that is wrong, why do most of us say nothing?  Especially in corporations, why to we remain silent?  It happens in ethics, security and safety.  It happens all too frequently; and it is not a new phenomenum.  It happened in the Nixon Administration, at Enron, in the Catholic Church, in colleges and universities and on job sites all the time.  It happens every time we see co-workers drinking or getting high at lunch, and we look the other way.  It happens for many reasons: fear of reprisal, the need for expedience, not wanting to get involved, greed, ignorance, wanting to fit in, not wanting to get others in trouble, etc.  Knowingly and unknowingly, we are participating in a conspiracy of silence.  It needs to stop.

This year let us all resolve to break the conspiracy of silence especially in job safety.  This year let us all resolve to follow that NYC subway security motto and apply it to safety on the job.  This year “IF YOU SEE SOMETHING, SAY SOMETHING.”  Let us all resolve to make safety the most important job for all of us.

Just one person needs to say something to make this year safer for just one person.  And that one person may be YOU!

At this years end, let us all celebtrate the safest year ever.

Soldiers from Fort Riley, Kansas ill with Spanish influenza at a hospital ward at Camp Funston in 1918, where the worldwide pandemic began. (Source - Wikipedia)

Regarding readiness, the flu can lead to office wide epidemics when one worker affects other workers in an enclosed environment.  On a community scale, a flu epidemic is a health emergency that can overwhelm health care facilities.  It would not be surprising to see a serious flu epidemic being managed on a community basis under an Incident Command.  It is very serious because people can due from complications brought on by the flu.  In 1918, there was a world-wide flu pandemic and it is estimated that there were between 20 and 100 million deaths.  The 1918 flu was known as the Spanish flu.  The reason it spread throughout the world was increased travel – primarily troops returning from the war in Europe.

Recently, in 2009 there was a significant outbreak of flu that caused the World Health Organization to declare a pandemic.  There were over 14,000 confirmed deaths from the swine flu which was also known as the H1N1 flu.

The reduction in deaths can be attributed to improved vaccines and healthcare

How can we as individuals help prevent flu from becoming an epidemic?  It really is pretty simple – get a flu shot, get seen by a doctor if you have the flu, and practice personal hygiene.

Nurse administering flu shot. (c) Tim Boyle – Getty Images 2006

Flu Vaccines:  Get a flu vaccination each flu season.  There are two basic types of vaccine – the injection or a nasal spray.  Your doctor will tell you which method is better for you.  People who are most at risk need to get flu shots.  The “at risk” groups include:

• Health care workers or other care givers
• Nursing home residents
• Seniors over the age of 65 (most flu deaths are among seniors)
• Anyone who has a chronic medical condition (such as asthma or diabetes)
• Pregnant women
• Children under the age of 2 (whose immune system is not yet fully developed)

There are some common sense personal hygiene methods that each of us can use to prevent the spread of the flu.  The following common sense approaches are recommended by the CDC: 

1. Avoid close contact:  Avoid close contact with people who are sick. I know that this is hard to do if you are a parent with a sick child or even a sick spouse.  When you are sick, keep your distance from others to protect them from getting sick too.
2. Stay home when you are sick:  If possible, stay home from work, school, and errands when you are sick. You will help prevent others from catching your illness.  Again, in our modern age or work, work, work, it is hard to take a sick day; especially when you sickr days are also your vacation days (with no carry over).
3. Cover your mouth and nose:  Cover your mouth and nose with a tissue when coughing or sneezing. It may prevent those around you from getting sick.  This is forgotten common sense that we all should have learned in kindergarten.

4. 

   Wash hands using soap and warm water for at least 30 seconds. Then dry with paper towel. (Unknown Internet source)

   Clean your hands:  Washing your hands often will help protect you from germs.   Again, this is forgotten common sense that we all should have learned in kindergarten.  If soap and water are not available, use an alcohol-based hand rub.  Avoid using alcohol based rubs and cleaners as they tend to dry out your hands.  Also, just use soap and try to avoid using anti-bacterial soaps unless you are in direct contact with persons who are sick, since some germs will build immunities to the anti-bacterial soaps.

5. Avoid touching your eyes, nose or mouth:  Germs are often spread when a person touches something that is contaminated with germs and then touches his or her eyes, nose, or mouth.  Always clean your hands before you eat or drink, or smoke.  Better yet, stop smoking.
6. Practice other good health habits:  Get plenty of sleep, be physically active, manage your stress, drink plenty of fluids, and eat nutritious food.

If you do get the flu, what should you do?  First, Stay home!  Second, get rest and drink plenty of fluids.  Third, see your healthcare professional.  There are some virus remedies that can be used to fight the flu (such as Tamiflu), especially if you are in an at risk group.

Remember getting the flu is not fun AND the risk of getting the flu can be minimized by getting the flu vaccine and following some common sense approaches.

Sailors fold the flag at a burial at Calverton National Cemetary. Source Wikipedia.

This letter was written by Charles Grennel and his comrades, veterans of the Global War On Terror. Grennel is an Army Reservist who spent two years in Iraq and was a principal in putting together the first Iraq elections in January 2005.

They wrote it to Jill Edwards, student at the University of Washington , who did not want to honor Medal of Honor winner USMC Colonel Greg Boyington. Ms. Edwards, other students and faculty do not think those who serve in the U.S. armed services are good role models.

To: Jill Edwards, Student, University of Washington
Subject: Sheep, Wolves and Sheepdogs

Miss Edwards, I read of your student activity regarding the proposed memorial to Colonel Greg Boyington, USMC and a Medal of Honor winner. I suspect you will receive many angry emails from conservative people like me.

You may be too young to appreciate fully the sacrifices of generations of servicemen and servicewomen on whose shoulders you and your fellow students stand. I forgive you for the untutored ways of youth and your naiveté. It may be that you are simply a sheep. There’s no dishonor in being a sheep, as long as you know and accept what you are.

William J. Bennett, in a lecture to the United States Naval Academy November 24, 1997 said “Most of the people in our society are sheep. They are kind, gentle, productive creatures who can only hurt one another by accident. We may well be in the most violent times in history, but violence is still remarkably rare. This is because most citizens are kind, decent people, not capable of hurting each other except by accident or under extreme provocation. They are sheep.”

Then there are the wolves who feed on the sheep without mercy. Do you believe there are wolves out there who will feed on the flock without mercy? You better believe it. There are evil men in this world and they are capable of evil deeds. The moment you forget that or pretend it is not so, you become a sheep. There is no safety in denial.

Then there are sheepdogs and I’m a sheepdog. I live to protect the flock and confront the wolf. If you have no capacity for violence then you are a healthy productive citizen, a sheep. If one has a capacity for violence and no empathy for one’s fellow citizens, then you have defined an aggressive sociopath, a wolf. But what if you have a capacity for violence, and a deep love for your fellow citizens? What do you have then? A sheepdog, a warrior, someone who is walking the unsheltered path.

Someone who can walk into the heart of darkness, into the universal human phobia, and walk out unscathed.

We know that the sheep live in denial; that is what makes them sheep.

They do not want to believe that there is evil in the world. They can accept the fact that fires can happen, which is why they want fire extinguishers, fire sprinklers, fire alarms and fire exits throughout their kid’s schools. But many of them are outraged at the idea of putting an armed police officer in their kid’s school. Our children are thousands of times more likely to be killed or seriously injured by school violence than fire, but the sheep’s only response to the possibility of violence is denial. The idea of someone coming to kill or harm their child is just too hard. So they choose the path of denial.

The sheep generally do not like the sheepdog. He looks a lot like the wolf. He has fangs and the capacity for violence. The difference, though, is that the sheepdog must not, cannot, and will not ever harm the sheep. Any sheepdog that intentionally harms the lowliest little lamb will be punished and removed. The world cannot work any other way, at least not in a representative democracy or a republic such as ours. Still, the sheepdog disturbs the sheep. He is a constant reminder that there are wolves in the land.

They would prefer that he didn’t tell them where to go, or give them traffic tickets, or stand at the ready in our airports, in camouflage fatigues, holding an M-16. The sheep would much rather have the sheepdog cash in his fangs, spray paint himself white, and go “Baa.” Until the wolf shows up. Then the entire flock tries desperately to hide behind one lonely sheepdog.

The students and the victims at Columbine High School were big, tough high school students, and under ordinary circumstances would not have had the time of day for a police officer. They were not bad kids; they just had nothing to say to a cop. When the school was under attack however, and SWAT teams were clearing the rooms and hallways, the officers had to physically peel those clinging, sobbing kids off of them.

Navy SEAL BUDS Class 239 with officers and enlisted. Medal of Honor awardee Lt. Michael Murphy, USN's class. U.S. Navy Photo 011019-N-0000X-001 (RELEASED)

This is how the little lambs feel about their sheepdog when the wolf is at the door. Look at what happened after September 11, 2001 when the wolf pounded hard on the door. Remember how America, more than ever before, felt differently about their law enforcement officers and military personnel? Understand that there is nothing morally superior about being a sheepdog; it is just what you choose to be.

Also understand that a sheepdog is a funny critter. He is always sniffing around out on the perimeter, checking the breeze, barking at things that go bump in the night and yearning for a righteous battle. That is, the young sheepdogs yearn for a righteous battle. The old sheepdogs are a little older and wiser, but they move to the sound of the guns when needed, right along with the young ones.

Here is how the sheep and the sheepdog think differently. The sheep pretend the wolf will never come, but the sheepdog lives for that day.

After the attacks on September 11, 2001, most of the sheep, that is, most citizens in America said “Thank God I wasn’t on one of those planes.” The sheepdogs, the warriors, said “Dear God, I wish I could have been on one of those planes. Maybe I could have made a difference.” You want to be able to make a difference. There is nothing morally superior about the sheepdog, the warrior, but he does have one real advantage. Only one. And that is that he is able to survive and thrive in an environment that would destroy 98-percent of the population.

Research was conducted a few years ago with individuals convicted of violent crimes. These cons were in prison for serious, predatory crimes of violence: assaults, murders and killing law enforcement officers. The vast majority said they specifically targeted victims by body language:

Slumped walk, passive behavior and lack of awareness. They chose their victims like big cats do in Africa, when they select one out of the herd that is least able to protect itself.

Some people may be destined to be sheep and others might be genetically primed to be wolves or sheepdogs. But I believe that most people can choose which one they want to be, and I’m proud to say that more and more Americans are choosing to become sheepdogs.

Seven months after the attack on September 11, 2001, Todd Beamer was honored in his hometown of Cranbury, New Jersey. Todd, as you recall, was the man on Flight 93 over Pennsylvania who called on his cell phone to alert an operator from United Airlines about the hijacking. When they learned of the other three passenger planes that had been used as weapons, Todd and the other passengers confronted the terrorist hijackers. In one hour, a transformation occurred among the passengers — athletes, business people and parents — from sheep to sheepdogs and together they fought the wolves, ultimately saving an unknown number of lives on the ground.

Old sheepdogs. Veterans stand at attention during Jan. 8 burial ceremony at Calverton National Cemetery (AP).

Edmund Burke said “There is no safety for honest men except by believing all possible evil of evil men.” Here is the point I want to emphasize, especially to the thousands of police officers and soldiers I speak to each year. In nature the sheep, real sheep, are born as sheep. Sheepdogs are born that way, and so are wolves. They don’t have a choice.

But you are not a critter. As a human being, you can be whatever you want to be. It is a conscious, moral decision. If you want to be a sheep, then you can be a sheep and that is okay, but you must understand the price you pay. When the wolf comes, you and your loved ones are going to die if there is not a sheepdog there to protect you.

If you want to be a wolf, you can be one, but the sheepdogs are going to hunt you down and you will never have rest, safety, trust or love. But if you want to be a sheepdog and walk the warrior’s path, then you must make a conscious and moral decision every day to dedicate, equip and prepare yourself to thrive in that toxic, corrosive moment when the wolf comes knocking at the door.

This business of being a sheep or a sheepdog is not a “yes-no” dichotomy.

It is not an all-or-nothing, either-or choice. It is a matter of degrees, a continuum. On one end is an abject, head-in-the-sand-sheep and on the other end is the ultimate warrior. Few people exist completely on one end or the other. Most of us live somewhere in between.

Since 9-11 almost everyone in America took a step up that continuum, away from denial. The sheep took a few steps toward accepting and appreciating their warriors and the warriors started taking their job more seriously.

It’s OK to be a sheep, but do not kick the sheepdog. Indeed, the sheepdog may just run a little harder, strive to protect a little better, and be fully prepared to pay an ultimate price in battle and spirit with the sheep moving from “Baa” to “Thanks.”

We do not call for gifts or freedoms beyond our lot. We just need a small pat on the head, a smile and a thank you to fill the emotional tank which is drained protecting the sheep. And, when our number is called by The Almighty, and day retreats into night, a small prayer before the heavens just may be in order to say thanks for letting you continue to be a sheep. And be grateful for the millions of American sheepdogs who permit you the freedom to express even bad ideas.

Construction sites are dangerous places for an unwary public. (Source OSHA 2010)

I remember a friend telling me about his jury duty.  It was a civil case that involved a person who was hurt after they walked through a jobsite.  As I listened to my friend tell me about the case and about their verdict, I got madder and madder.  The jury found in favor of the plaintiff and awarded a substantial sum of money.  But, the plaintiff knew that they had entered a closed construction site; then had walked past barrels, caution tape and a sign directing pedestrians to the other side of the street; and admitted that they were kind off aware that they shouldn’t have been in the area.  The jury as they deliberated determined that the person had gotten hurt and therefore was entitled to some sort of compensation.  Since the defendant was a large public utility, the jury decided that the utility could pay the award.  I was flabbergasted that a jury of my peers could be so reckless with somebody else’s money.  The risk management team at that utility must have been upset.

Construction netting is not a suitable barrier to the public. (c) 2009 John Burke

We all have heard stories similar to this and since we’re all at a similar reference point, I get to the point of this blog post.  When we do work in the public, we have to protect the public from themselves.

Let me repeat that “We have to protect the public from themselves.”  As risk managers we have to remember to insist on this.  This is NOT an unnecessary cost.  It is a cost savings measure, but only if done correctly.

The public is NOT stupid but most of us are creatures of habit.  Each day, we get up at the same time.  We go to the same coffee shop or deli and get the same breakfast.  And we travel to work the same way each day.  When something changes to break up that routine we get upset.  It doesn’t matter what caused the change.  Whether it was an accident, a political hack (elected official) making an appearance, or the start of a new construction project, we still get pissed off.  It takes us longer to get to work or school or we have to get up earlier.  Now our daily routine is changed and we don’t like it.

Traffic cones will not stop the public from entering any area. (c) 2010 John Burke

Consider a public works project to fix the infrastructure at a train station that suddenly closes off one of the entrances to the train platforms.  Usually, the train authority will post signs notifying the public of the start date.  Most of us will read the signs and forget them until the day the project starts.  Then we run into cones, barrels and or caution tape telling us our entrance is closed.  We will get annoyed because our routine was disrupted and we may have missed our train.  Some pedestrians will test the change. Traffic cones will not stop them from using the entrance, the same thing with barrels.  Caution tape is not a challenge either, if it is low enough they will step over it; if it is loose enough, they will lift it and go under; if it is tight, they will break it and walk through.  This is why I call caution tape “pedestrian finish line.” 

To protect the public Risk Managers/Safety Managers need to make sure that the work site has:

1. Substantial barrier
2. Warning Signs
3. Proper lighting
4. Dust control
5. Secured openings/gates

Type 3 Barricades are a suitable substantial temporary barrier [(c) 2011 Ed Warren

The barrier needs to be properly constructed so the public is not injured during construction.  This may involve temporary barriers, flaggers or both.  The barriers must not have any protrusions that a pedestrian or dog can get caught on.  If the barrier prevents existing lighting from getting to the walking surface, then the lighting must be supplemented with temporary lighting.

If you are using a chain link fence and there is dust that can be generated, then you should think about dust control mesh on the fence.

All openings need to be secured or guarded.  An opening is an invitation for the public to enter.  Keep it open and they will enter, if only out of curiosity. 

This is the first post that will deal with protecting the public and public safety.

© 2011 John Burke

This past September OSHA fined a NJ company $158,400 for trenching violations [see OSHA press release].  “In 2008, an unprotected trench at [the company] site caved in and trapped a worker, yet the company continues to place workers in harm’s way by not taking necessary measures to prevent trench collapses,” said Kris E. Hoffman, OSHA’s area director in Parsippany. “OSHA will not tolerate employers risking the lives of their workers.”

This company received willful violations that involved failing to ensure that the excavation spoil pile was at least 2 feet from the edge of the excavation; ensure that the ladder extended 3 feet above the level being accessed; and provide cave-in protection for employees working in the excavation.  A repeat violation was cited for failing to ensure that daily inspections were conducted by a competent person.  The company was cited for a similar violation in 2008 at its Sayreville work site.  The serious violations included failing to train workers in the recognition and avoidance of unsafe trenching conditions, provide traffic control signage for the work zone; use a safe and acceptable means to determine the estimated location of underground utilities among others

These violations are not violations of obscure regulations.  When I learned excavation safety for the very first time, the instructor Carmine taught us what he called ”Excavation by the numbers:” [mnemonics help us remember key excavation facts]

1. One competent person who makes a daily inspection at least once per day before the start of work.  Call “One Call” for mark out before you dig.
2. Spoils are placed at least 2 feet from the edge of the excavation
3. There are 3 types of soils – A, B and C.  And, ladders used to access excavations must extend at least 3 feet past the level being accessed. 
4. There must be a means of access and egress starting at 4 feet.  Also, atmospheric testing must be done at 4 feet. 
5. At 5 feet, install shoring or some other level of protection on the sides of excavation
6. Fall protection must be used at 6 feet

In the OSHA citation we noted, if the company or the workers knew and followed the numbers, then the willful violations, the repeat violation and some of the serious violations never would have happened.

In the construction industry, project cost is king.  There is increasing pressure, especially in the current economic climate, to get the job done at the lowest possible cost and some companies do this by cutting corners on safety.  I feel that there are companies in the industry that will intentionally violate the safety rules because they feel that the chance of getting caught by OSHA is relatively small and the fines from OSHA are cheaper than the cost of doing work safely.  Also OSHA has no prosecutorial powers.

How can we as risk managers police the industry so doing business the correct way is the norm?

I offer the following potential solutions to economically level the playing field for all companies:

Since OSHA has no prosecutorial powers, US Attorneys and local District Attorneys need to be encouraged to use their power to criminally enforce worker safety laws where companies willfully and repeatedly place workers in harm’s way.  Currently, DA’s prosecute drunk drivers with charges of vehicular manslaughter and assault when people are killed in crashes involving drunk driving.  DA’s and US Attorneys need to be educated that the sides of an intentionally unprotected trench are as deadly as a speeding automobile.  Just look at the following video of an unprotected trench collapse.  Companies who engage in such risky practices should be prosecuted for manslaughter, negligent homicide, and/or assault if their employees are injured in unprotected trenches and excavations.

Ten tons of soil is the equivalent of four automobiles, and like a speeding auto, there is no chance to run out of the way.

The insurance industry can also assist in the solution.  Currently, most auto policies that private owners carry get higher premiums when the covered drivers are involved in accidents.  Also, when the covered drivers have moving violations on their record, the insurance premiums also increase.  In the construction industry, insurance underwriters usually base their GL premiums and coverage decisions on the claims history.  There is no review of the history of OSHA violations.  The underwriters should consider claims history, OSHA violation history, and local building department violations history in determining the coverage, premium and deductible requirements.  Also, the insurance industry should consider whether coverage should be extended when there are claims that result from willful and repeat safety violations.

Under Worker Compensation laws, insurance premiums are based on the employers modification rating (EMR) which is a historical calculation based on the history of claims and payouts in the last few years.  Again there is no consideration for higher premiums based on a history of willful or repeat OSHA violations or a pattern of building department violations.  This situation also needs to be examined and addressed.

The building regulatory agencies can also assist.  Again there is another parallel with automobiles.  In the auto regulatory environment, when you get certain moving violations you are also assigned points based on the violation.  In the past, an accumulation of points led to license suspension or revocation.  Currently, in New York state and also in other states, once you accumulate a certain level of moving violation points or you have certain convictions you start to pay an annual surcharge on your driver’s license.  A similar system can be put in place for surcharges to building licenses for business that have accumulated points for OSHA violations and /or building code violations.  This would require a regulatory change since there is no current system for assigning points for OSHA violations and building code violations are currently assigned to a project/address and not a company or general contractor.

If we tried programs like the ones I describe above, we could impact those companies that are trying to cut corners on safety and level the playing field so that all companies are competing equally.  Are there loop holes?  There could be.  Is it a reason for not trying?  NO!

We all hope that they will respond according to the plan.  And we all hope that our people will respond like they were trained.  And they will, usually…………

How do we train our people to respond to emergencies?  The short answer is classroom, drills and exercises.

How will our people get better at responding to emergencies?  The short answer is classroom, drills, exercises and feedback.

In response to an earlier post [Arrogance is a Bad Thing], Phyllis Burnett, former co-worker, commented [in part] “Whatever happened to DRILLS!!! Yes they are time consuming, but they can give everyone a good idea on what is needed in case of THE EMERGENCY………DRILL for the worse, DRILL so you understand what is expected, DRILL for the safety of yourself, family, home and your job.”  Well said Phyllis.  Effective drills are a cornerstone in effective response.

The purpose of drills and exercises is should be two things: compliance, and testing and training – the testing of the all or parts of the plan (not the people); and, the training of the plan’s responders (the people).  And the goal of a good training and exercise program is continuous improvement.  Compliance is NOT continuous improvement!  Mere compliance is stagnation and it is the worst thing you can do to your responders.

Recently, in New York City, we had two events that showcased the importance of training and having a well coordinated response plan.  First, a commuter rail system was shut down due to a lightning strike on a major switching station at the beginning of the evening rush hour.  The result was commuter chaos due to poor communication to riders and a hastily cobbled response plan, but the system was restored by the morning rush hour.  The second event happened when a helicopter crash into the East River just after takeoff.  Immediate response by fire department, police emergency service and a counter terrorism unit save the lives of all on board except one.  For the most part the responders all responded how they were trained.

Navy SEAL BUDS Class 239 with officers and enlisted. U.S. Navy Photo 011019-N-0000X-001 (RELEASED)

Learning from the SEALS:  The Navy SEALS have a training motto “Train how you want to fight and fight how you were trained.”  SEAL training is harsh, punishing, repeated and realistic.  They train to the plan and also for when the plan falls apart.  Another military axiom is that the battle plan does not survive first contact with the enemy.  So, SEALS are highly intelligent people who follow the rules and can think on the fly.  Everyone is trained the same way.  Officers and enlisted men go through training together.  There is special and abbreviated officer training program.  SEALS plan their operations together; there is no difference between officers, NCO’s and enlisted while planning ops.  Each person brings their own skill set to the table.  SEALS are trained continuously, it seems that they spend more time in training then they do when they are deployed.  Even when they are deployed, they spend hours planning and rehearsing mission ops before they go on the mission op.  As well as rehearsing contingency plans.  But SEALS are the go to special operators because they are the best trained special operators in the world.

Okay, you’re sitting there saying to yourself this nut has gone off the deep end, what does SEAL training have to do with emergency response?  Well NOTHING and EVERYTHING.  We live in the real world we do not have unlimited budgets for training and unlimited resources for response.  Response is not even our first job; response is what we do when things go bad.  So how does this SEAL training thing apply to us?

Training must be realistic:  The first lesson is that training has to be realistic.  Just walking through the motions, while quick and easy, will not test the plan nor will it train and test the responders.  Of course, the whole plan doesn’t have to be tested every drill.  Test the whole plan every so often as part of a planned cycle; but test key parts of the plan every drill.  Realistic training doesn’t have to be complicated or risky.  It just has to be real.

As an example, communications is a critical component of any real event and is often the plan component that fails during real events.  For a realistic component based drill, have the operations and/or planning section of your response team pull out the communications section of your plan and call every listed phone number and ensure that they work and are the current phone number for the response service needed.  Also test all phones, back-up computers, radios, Fax machines, bull horns and other communication devices listed in the plan.  If they don’t work, don’t answer or changed function, it is better to find out during a drill then during an emergency.  This drill allows the responders to become familiar with the equipment and where it’s located as well as providing realistic feedback on the status of the communication equipment and key contacts.

ICS Planning Section work on plan for next operational period. Picture from drill blog for US-CAN 2011 Prep Exercise.

Learn how to adapt to changes:  The second lesson is that in an emergency plans will “fail;” the emergency will not follow your carefully written response scenario.  Your people have to learn to adapt to changes in plan.  When I was a scout leader we often said, “Forget Plan A that never works.  What is Plan B, and Plan C?”  People will learn to adapt when you add slight changes to the written response scenario during a drill.  They will learn to adapt when a piece of equipment “breaks down” and they are forced to find an alternative rather than “assume that it works.”

As an example, under your evacuation plan, your plan uses Stair B because Stair A has the standpipe and that’s what the fire department will use.  During a stairwell familiarization drill as part of your evacuation drill, you should occasionally block access to Stair B; this action forces the wardens and people to learn a second evacuation path to Stair A.  You can add realism later on by having the fire department in the stairwell wearing turnout gear.  Don’t get too complicated early on, since this will only confuse people if they are not ready for change.

Incident Command Post set up during drill. (Source: Con Edison 2009)

People will respond how they were trained:  The third lesson is people will respond exactly own they are trained.  Think of a golfer under the eye of a watchful coach.  The coach teaches the golfer a new swing and observes the golfer as he/she practices the swing repeatedly.  The coach makes subtle changes and suggestions but the golfer learns to repeat the swing through muscle memory.  Our people learn response in much the same way, but the muscle we are training is the brain.  If you want your people to use the incident command system (ICS) to manage the incident, then you need to teach them ICS and have them use ICS for every drill.  You will need to coach them on how to use it better, but follow ICS for every drill.  In doing so they will truly learn the ICS management method and well as learn about the scalability of the ICS model.

As an example of how people respond how they were trained, I was tasked to a plant to assist them with improving various EH&S tasks.  The plant manager, a friend named Tom, asked me to set up the response training, but told me to keep the cost down.  We were entering the annual training period where the whole staff was broken into five groups and sent to training.  Emergency response refresher was one of those training classes.  In addition to the annual training there were 34 additional regulatory compliance drills that needed to be done annually.  I knew that using actual disposable hazmat suits and gloves would end up costing a considerable amount of money and technically I had a training budget of zero.  I found a few boxes of disposable dust coveralls and boxes of cotton gloves and yellow booties.  I decided to use the disposable coveralls for training and teach everyone what coveralls to use in an actual emergency and where to find them.  I even set up cabinets for the emergency response equipment.

A month or so after we completed the annual training, I received a call while on my way home that we had an acid spill.  I told the supervisor that I would return and assist but to start the clean up since everyone was trained.  When I got to the plant, I found the hazmat techs cleaning up the spill while wearing the dust coveralls, cotton gloves and yellow booties.  I went to Tom and told him that training was going to cost some money because we would be using the proper gear.  He readily agreed.

Everyone has to be involved especially upper management:  As the SEALS know, the guys on the op need to be the ones planning the op.  They need to be the ones reviewing the intelligence and making the plans and planning the contingencies.  So everyone has to be trained to the same level.  In response training, everyone especially upper management needs to be part of training.  There is no substitute.  There should be no executive level shortened training program.  If the executives are going to be part of any response then they need to be trained to the same level as everyone else.  No one should be exempted from any training that will have to use in an emergency.  Everyone has to walk the talk.  It cannot be “Do as I say, not as I do.”

A co-worker discussed a problem that he was having on an evacuation drill in a building that housed a section of one of the city’s emergency response department.  It seems that the people in this section did not feel that they need to participate in the drill; they felt their work was more important.  And their lack of participation was spreading through the rest of the building.  This is a classic example of people following the example of leadership [in this case a section of an emergency responding organization]. 

To sum this post up, remember the drills are an important part of we get people trained to respond to emergencies.

• Training must be realistic
• People need to learn how to adapt to changes
• People will respond exactly how they were trained
• Everyone including upper management has to be involved

The original working title for this posting was “Monkey See; Monkey Do” but I changed it.  Maybe I should have kept it.

Job was planned down to locations of vehicles. (Source: John Burke, © 2011)

I’ll always remember the words of Bill M., one of my early mentors, nearly twenty five years ago:  “Plan the work and work the plan.”  For Bill, planning was everything.  Planning included the work process, work steps and resources – people, time and materials.  Planning was a cycle – Plan, work, review and recalibrate.  Bill was also a stickler for safety.  His vision of safety was that safety was job number 1.  It is surprising that Bill never formally integrated safety into the work planning process.  I now suspect that it was an end goal that was never achieved because he was moved to head the company’s quality function.

Company safety programs are really in the business of risk management NOT safety.  Safety and a safe work place should be the end result of a well prepared and executed risk management plan.  Managing risk is an important part of safety.  In fact, identifying and managing risk is what safety management is all about.  And risk management is the job of supervision and management NOT the safety department.

The process of managing work risk should be integrated into the day to day planning and operations functions.  [And the Big Daddy – Enterprise Risk Management – should be integrated throughout all functions of a company]  If risk management is integrated into planning then it should follow through to operations.  But how is risk management integrated into planning?  Ideally when the work is planned, risk analysis and planning should be done simultaneously.  The result would be an integrated work plan.  But we don’t live in an ideal world.  Most planners are not given the time, the tools or the training to perform risk analysis in addition to traditional planning.  Usually they are given work lists, deadlines and limited resources.

There are many safety tools that can bridge the gap.  Unfortunately most stay within the safety department and are not integrated into the work and planning process.

One promising tool is called the Safe Work Plan (SWP).  The first step in managing work risk with a SWP is identifying the work and the work processes, including prep tasks [i.e., erecting scaffolds, confined space entry, material delivery to the work location, etc.].  The next step is to identify all the specific FORESEEABLE risks for each work step or process.  Mitigation means, methods and controls are then considered.  For each mitigation, the risks of each control needs to be checked as well.  Also, based on the risk analysis, alternate means and methods are considered.    In one respect, SWPs are similar to job hazard analyses or task specific health and safety plans.  Based on analysis of the tasks, alternative means and methods, risks, mitigations and controls and the probability of the foreseeable risk, a plan is completed that reflects the decisions that are made.  Done correctly the best means and methods with the best risk mitigation that accomplishes the job are selected.  Typically, the SWP final product is a matrix format that catalogues the SWP.  In the first column of the matrix are the discrete work steps or tasks.  In the next column are the risks associated with each work step.  In the third column are the mitigations and controls selected for use for each identified risk.  In the fourth column are comments and notes, if needed, that clarify the mitigations or controls.  In the last column the person responsible for each step/mitigation step.  The responsible person should be identified by name AND title.  This final product is a form that the foreman should be given that shows the foreman the plan for the work.  With the SWP in hand [the SWP should be a field document], the foreman now has a tool that allows him/her to see the work process steps, the risks and the controls to be implemented to minimize risk.  The foreman also has a tool that allows for a proper job briefing to the workers that covers work, hazards involved [the RISK] and safety measures to be used [the MITIGATIONS and CONTROLS].

Crew waiting for job briefing. (Source: John Burke, © 2011)

The SWP process works when everyone is involved in some aspect of the planning process.  It allows for some aspects of integrated planning as long as the planning people and the safety people talk to one another.  Done properly it is truly “Planning the Work and Working the Plan.”

I’ve seen the SWP process in action.  The SWP was contractually obligated so there were no excuses.  When it was used consistently, it worked and the work places [construction sites for this contract] were SAFER and there were fewer accidents  The problem with the Safe Work Plan concept as executed was that SWPs were sometimes developed just as a compliance task and often by the safety engineer in a vacuum [planners were never consulted].  Sometimes the safety engineer never had experience in the industry or spoke to the foremen, the construction superintendent or the planners.  Those SWPs were never used properly and often never left the office.  © 2011