1. OSHA Update Doug Fletcher, CIH, CSP Fletcher Safety Consulting, Inc.
Fletcher Safety Solutions, Inc. (coming in 2018)

2. Update Report to OSHA – Fatalities – report within 8 hours
Hospitalizations – report within 24 hours
Amputations – report within 24 hours
Loss of eye – report within 24 hours
RRI – triage; inspect or
Electronic reporting –
250 or greater (300A),
20 – 249, if “high hazard industry” (300A),
Currently online and accepting data….12/1/2017
New Silica rule – 9/23/17 (30 day grace period over)
Silica in G.I. – 6/23/18

3. Workplace Violence

4. The Backstory…. School: OSHA: Historically, the difference for OSHA:
Hard sciences; chemistry, biology, physics
Soft sciences; psychology, sociology
OSHA:
Hard safety; machine guarding, electrical safety, LOTO
Soft safety; ergonomics, WPV
Historically, the difference for OSHA:
Inspect; machine guarding, electrical safety, LOTO (proactive)
Investigate; ergonomics, WPV (reactive)
Hard & soft are becoming indistinguishable
Neuroscience; psychology & molecular biology
OSHA – can no longer ignore the “soft safety”

5. WPV Statistics
2010:
17% of 4,609 workplace fatalities were violent acts (784)
20 workers/week are murdered
18,000/year assaulted
2 million U.S. workers per year report being victims of some kind of workplace violence.
2012 SHRM Workplace Violence Survey, found that over 1/3rd of organizations reported incidents of WPV.

6. The Iceberg (Walmart Shooting in Colorado)
1 Death
51, 000 rapes
84,000 robberies
396,000 aggravated assaults
1.5 million non-aggravated assaults
6.0 million threats or intimidations

7. Heinrich’s Triangle

8. “Near Misses”?
SIF’s – 21% of near misses would have resulted in Serious Injuries or Fatalities?
Of the ~ 6 million “threats” how many of those would have the potential to result in serious outcomes?

9. Safety Severity Pyramid
21% of Lower Level Incidents could have been SIFs
Fatalities
Serious Injuries
Instructor Notes
Indemnity Costs - Recompense for loss, damage, or injuries; restitution or reimbursement.
An indemnity contract arises when one individual takes on the obligation to pay for any loss or damage that has been or might be incurred by another individual. The right to indemnity and the duty to indemnify ordinarily stem from a contractual agreement, which generally protects against liability, loss, or damage.
OSHA Recordable & First Aid Injuries
21%
Near-Misses & Property Damage
Hazards
Source: Dekra Insight, 2015

10. 2013 National Safety Survey
1,000 EHS Professionals
Polled about all facets of workplace EHS
20% reported witnessing or been directly impacted by WPV.
25% reported being bullied or witnessing bullying.
Any examples?
Haven House – attacked by residents
USPS – attacked by dogs
White Water Saloon – attacked by patrons
From “2013 National Safety Survey Data: EHS Today”
Forms of bullying included threats of job loss, sexual harassment (by both men and women), cursing and yelling. One person recounted an that circulated to many people at the company that mocked an employee's surname. Another talked about a foreman who tried to bully an employee into performing maintenance work without having safety protocols in place. Another employee stepped up and intervened, possibly saving a life:
"A foreman had bullied one of his workers into crawling under a suspended tank to clean the bottom of it before they set it down. He told him if he didn't do it he would fire him. One of the other workers wrote up an observation card on it and sent it in. The worker and the foreman were called into the boss's office and the worker was reprimanded for not refusing to do an unsafe job and the foreman was fired on the spot for even suggesting that the worker would be fired for not doing the job [he had asked several other workers to do it and they had refused because it was unsafe]. The tank was then placed on some planks and braced properly and the job was done safely."

11. OSHA is not immune…. Assaults to CSHO’s Dog incident
Pitchfork incident
Gun cleaning incident
Screaming, throwing, spitting incidents…..
CSHO to CSHO violence
Female CSHO’s verbally abused……
INS investigation

12. Classification of Perpetrators
Type
Relationship
% Workplace Homicides
Criminal Intent
No legitimate relationship to business or employees.
Ex. robbery, trespassing
85%
Customer or Client
Legitimate relationship with business.
Ex. police officers, teachers, patient caregivers 3%
Worker-on-Worker
Employee or past employee in the workplace 7%
Personal Relationship
No relationship with business but personal relationship with intended victim who is employee.
Ex. Domestic violence 5%
NIOSH classification.
Review to determine where your highest risks could potentially be.
Source: NIOSH “Workplace Violence Prevention Strategies and Research Needs; 2004

13. NEP: Workplace Violence
Workplace violence (WPV) is a recognized hazard in nursing and residential care facilities.
In 2010, BLS data reported approximately 2,130 assaults by persons in nursing and residential care facilities.
Is considered a “recognized hazard” by OSHA…
INSPECTIONS WILL INCLUDE:
Investigation of incidents related to workplace violence
CPL : Enforcement Procedures for Investigating or Inspecting Workplace Violence Incidents
Management Involvement
Worksite Analysis
Hazard Prevention and Control
Employee Involvement
NURSING HOME SPECIFIC: The U.S. Department of Labor's Occupational Safety and Health Administration has cited ResCare Ohio Inc. for exposing employees to workplace violence at the company's Fairfield residential care facility, which operates as Camelot Lake. OSHA has proposed penalties of $8,700. Camelot Lake accumulated a total of 20 workplace violence cases from , resulting in 53 days away from work and 37 days of restricted duty. Employees have been exposed to physical assaults during routine interaction with residents who have a history of violent behavior.

14. NEP – High Risk Industries
Healthcare
Social Services
ESU#3
Late Night Retail
Taxi’s – Uber – Lyft
Utility workers
Phone/cable installers
Letter carriers

15. Designing Your Program
Buy-in from top management is critical;
Program must be based on your type of workplace and risk profile;
All levels of organization should be involved in initial hazard assessment and involved in training;
Conduct a systematic workplace risk assessment:
Interaction with public? What are the various interface areas and sources of risk?
Internal sources of stress among co-workers? Between managers and workers?
Physical layout of facility: What and where are the vulnerable areas?
What has been your history of WPV and the history of comparable organizations?
Is there a history or accepted pattern of verbal communication that may qualify as workplace violence?
Search the Web for supplemental sources, e.g OSHA, NIOSH, CDS sites

16. OSHA 5(a)1’s for WPV
2017 – 11
2016 – 18
…employers are required to provide their employees with a place of employment that is “free from recognized hazards that are causing or are likely to cause death or serious harm."

17. Pavement Treatments, Inc.
OSH ACT of 1970 Section (5)(a)(1): The employer did not furnish employment and a place of employment which were free from workplace violence hazards that were likely to cause death or serious physical harm to employees in that employees on the grind and overlay crew were exposed to escalating conflict among crew members characterized by malicious physical contact, malicious verbal threats, and actions perceived as intentional and a serious threat to personal safety.

18. Preventing Violence at the Workplace

19. What Is Workplace Violence? (Note the subjective nature of 2--4)
Physical Assault
Threatening Behavior
Verbal Abuse
Harassment

20. True or False: Violence is the leading cause of death on the job.
The leading cause of death on the job is vehicle accidents.
Violence is the SECOND leading cause…

21. True or False: Homicide is the leading cause of death for women in the workplace.

22. 75% of the victims were shot.
True or False: Disputes between workers and supervisors are the main motive for workplace homicides.
False. Robberies account for the majority of workplace homicides.
75% of the victims were shot.

23. How many workers are murdered on the job each year in the U.S?
According to the U.S. Department of Labor in 2010 there were 4,609 fatalities at the workplace, 783 were due to violent acts.

24. How many people are victims of non-fatal assaults on the job each year?
2,000,000 workers are victims each year in the U.S.

25. What Are Some Examples of Risk Factors on Your Job?
A Risk Factor Is:
Any condition that may increase a worker’s risk for violence.
What Are Some Examples of Risk Factors on Your Job?

26. External Risk Factors Include:
Working alone or in small numbers
Working late night/early morning
Working with money
Delivering passengers, goods or services
Having a mobile workplace like a taxicab or police car
Working in high crime areas
Guarding property or possessions
Contact with the public

27. Internal Risk Factors Include:
Highly competitive sectors with intense workloads, e.g. food processing
Restructuring of an organization, e.g. impending layoffs
Ignoring warning signs from certain individuals who have a gripe with co-workers or management
Allowing an ongoing feud between co-workers to go unaddressed by management
Chronic verbal abuse by a supervisor towards workers
Denial on the part of management regarding employee tension or favoritism towards one party
Old school mentality by management that tolerates and enables supervisor abuse

28. How Can Violence Be Prevented on the Job?

29. Prevention Strategies (External Risk)
Don’t work alone late at night or early morning
Call for a security escort if working late
Carry a cellular phone
Redesign workspace to prevent entrapment
Train staff in ways to diffuse violence.
Place curved mirrors at hallway intersections
Maintain good lighting indoors and outdoors
Prepare plan for consumers who “act out”
Control access to employee work areas.

30. Prevention Strategies (Internal Risk)
Risk Assessment: Confidential survey of all employees designed to uncover internal risk factors, coupled with analysis of external risk factors
Presentation of overall risk analysis to top management, along with supporting facts
WPV training for all levels of organization
Sensitivity training for high-risk employees as necessary
Follow-up survey of employees to gauge impact of training

31. Responding to a Violent Incident
Isolate/secure the work area
Call if an emergency
Seek medical attention for victims
Report the incident to your supervisor
Report the incident to your shop steward
File an incident report
If psychological trauma occurs call EAP for post-incident debriefing
Give a referral to EAP to the victim

32. Five Warning Signs of Escalating Behavior
Confusion
Frustration
Blame
Anger
Hostility

33. Warning Signs of Confusion
The person appears bewildered or distracted.
They are unsure or uncertain of the next course of action.
How would you respond to a person who is confused?

34. Responses to Confusion
Listen Attentively to the person
Ask clarifying questions
Give factual Information

35. Warning Signs of Frustration
The person is impatient and reactive
The person resists information you are giving them
The person may try to bait you
How would you respond to a person who is frustrated?

36. Responses to Frustration
Move the person to a quiet location
Reassure them, talk to them in a calm voice
Attempt to clarify their concerns

37. How would you respond to a person who is blaming?
Warning Signs of Blame
The person places responsibility on everyone else
They may accuse you or hold you responsible
They may find fault with others
They may place blame on you
How would you respond to a person who is blaming?

38. Responses to Blame
Disengage with the person and bring a second party into the discussion
Use a teamwork approach
Draw the person back to the facts
Show respect and concern
Focus on areas of agreement to help resolve the situation

39. How would you resond to a person who is angry?
Warning Signs of Anger
The person may show a visible change in body posture
Actions may include pounding fists, pointing fingers, shouting or screaming
This signals VERY RISKY BEHAVIOR!
How would you resond to a person who is angry?

40. Responses to Anger Don’t argue with the person Don’t offer solutions
Prepare to evacuate the area or isolate the person
Contact your supervisor and security personnel

41. Warning Signs of Hostility
Physical actions or threats appear imminent
There is immediate danger of physical harm or property damage
Out-of-control behavior signals the person has crossed the line
How would you respond to a hostile person?

42. Responses to Hostility
Disengage with the person and evacuate the area
Attempt to isolate the person if it can be done safely
Alert your supervisor and contact security immediately

43. What is a potential WPV scenario for your organization and how might you respond proactively?
Von Mauer
Millard South High School
Nebraska Corrections Dept.

44. What else? Silica Competent Person Training Fletcher Safety Solutions
Omaha – 11/14/17
Lincoln – 11/28/17
Fletcher Safety Solutions
Online Safety Community!
Podcasts, blogs, Q&A, quarterly meetings….
“You have questions….we have answers!”