Striking a Balance

After years of industry taking aim at the nation’s Occupational Safety and Health Administration, Washington, the United States Congress has now set its sights on reforming the agency. In addition, industry leaders, business people and local and national trade associations are keeping the pressure on for reform.

OSHA officials say they welcome change, but not as drastic as the reform measures being proposed by Congress. Scrap processors, on the other hand, generally seem to welcome Congress’ efforts toward OSHA reform, and express an interest in making the watchdog agency more reasonable in its approach to inspections.

THE NEW OSHA

There is some precedence to this desire for a more reasonable, cooperative approach to safety. Two years ago, government officials in Maine felt that the occupational injury rate in their state was too high. Instead of increasing inspections, they formed a partnership with 200 of the most accident-prone firms. As part of the alliance, companies received consultations and training on how to improve safety in the workplace. In addition, workers were encouraged to self-identify and report hazards that could have been cited by OSHA inspectors. Those that refused to join the partnership were threatened with increased inspections.

The result from the effort was a significant drop in the injury rate among the 200 companies. Many of the companies identified hazards at 14 times the rate of past OSHA inspections.

Last year, President Clinton borrowed the lessons learned from the Maine 200 program and proposed his "New OSHA" reinvention initiatives designed to "bring back common sense to regulation without stripping away safeguards." Under the reinvention plan, OSHA would increase worker health and safety while decreasing burdensome rules and overzealous inspections. In particular, inspections would be more focused on hazards that have the potential to kill workers, and a "quick-fix" incentive would be instituted that reduces penalties if the violation is corrected immediately. OSHA would also make more information and assistance available to companies so that hazards could be prevented in the first place.

Although OSHA is still working on that agenda, the lack of a budget so far in fiscal 1996 has stalled the President’s plan. "We are still striving toward those objectives," says Frank Kane, an OSHA information officer, "but the lack of a budget has slowed the reorganization. Right now we are concentrating on mainly two things: reworking our offices to better serve companies and assist them; and attempting to nationalize the Maine 200 program."

Already, OSHA has developed an employer assistance program with a toll-free number (see box) designed to help small companies identify safety and health problem areas on-site.

Another reform measure, which is currently making its way through the approval process and is expected to receive final clearance by the U.S. Department of Labor, is an OSHA record-keeping proposal that would revamp the forms used by employers to log injuries and illnesses. The proposal would elicit more accurate information about the nature of a workplace injury or illness. According to several industry associations, the current requirements are badly outdated and cumbersome.

 

GETTING HELP

For scrap yards and recycling businesses that need help with OSHA regulations, programs, training and administrative paperwork, here are some available sources: • OSHA, Washington (800) 282-1425 – offers on-site consultation on all safety and health areas. This is not an inspection, but is intended to help busi-ness comply with current guidelines by discussing problem areas. This service is offered to any business with 250 employees or fewer. • Institute of Scrap Recycling Industries, Washington, (202) 737-1770 – offers advice and direction on all OSH issues. The association also publishes safety literature titled Working Safe and Smart, and Safety and Loss Prevention. • Environmental Resource Center, Cary, N.C., (800) 537-2372 – offers seminars on occupational safety and health, plus training on hazardous materials handling, environmental audits, and emergency planning and community right to know legislation. Also, the firm offers a software program that automates training administration, OSHA, DOT and EPA documentation, and schedules, tracks and records training. • Citation Publishing Inc., Scottsdale, Ariz., (800) 808-3372 – offers access to all current federal OSHA data on a CD-ROM disk titled Federal Environmental & Safety Authority Regulatory Compliance. Also publishes an environmental health and safety newsletter. • WESTON, West Chester, Pa., (610) 701-3680 – offers interactive CD-ROM disks that address workplace safety issues and OSHA requirements for hazardous communications and proper lockout/tagout procedures.

 MORE REFORM

Still, Republicans in Congress want a more top-to-bottom overhaul of OSHA, and they have introduced two bills within the last year designed to do so. The House bill, H.R. 1834, was introduced by Rep. Cass Ballenger (R-N.C.) on June 14, 1995, as the Safety and Health Improvement and Regulatory Reform Act of 1995. The Senate bill, S. 1423, was introduced by Sen. Judd Gregg (R-N.H.) on November 17, 1995, as the Occupational Safety and Health Reform and Reinvention Act.

Both bills contain many similar provisions, including fewer inspections, penalties and citations. The bills would give businesses wider inspection exemptions, penalize companies only after multiple warnings or when an injury or death occurs, and issue more warnings to give businesses a chance to correct hazards. The bills also expect to lower OSHA complaints and action by requiring workers to first identify safety problems with their employer for action instead of anonymously contacting OSHA.

But OSHA officials claim that if either of the proposed bills is adopted, workers’ safety will greatly suffer. "There are several areas of concern that we have," says Kane. "The first is that both bills repeal a worker’s right to an inspection if they see a safety hazard. Only after a worker is killed or injured could OSHA inspect and issue a citation.

"Second, OSHA would be not be allowed to issue a citation and penalty in the first instance – only a warning," continues Kane. "That’s a big blow for prevention because employers receive no penalties for failing to correct hazards – only for tragedies."

Kane likens the new proposals to that of a traffic cop who stops a speeder on the highway for going 90 mph in a 55 mph zone and only issues the speeder a warning unless there is a record somewhere showing a history of speeding.

Finally, Kane feels that the new proposed bills, if enacted, will discourage employee complaints because they prohibit an employee, or anyone else, from filing a safety complaint unless the employer is first made known of the complaint. "An employee could face a backlash from employers because of the action, thus discouraging workers from raising legitimate safety and health concerns in the future," he says.

But some scrap processor safety officers, like Greg Gromek, manager of safety and engineering for The David J. Joseph Co., Cincinnati, don’t see that happening on a widespread basis.

"We are in favor of having the employee come to us with the safety concern first," says Gromek. "I would like to think that we, and everyone else, would view an employee raising a safety concern to management as an employee who is doing his job. Isn’t that what all the new management thinking is about today – that everyone has an input to make the workplace better, safer and more profitable?"

"I like the idea that an employee should bring a safety problem to the attention of the company first," adds Art Grossman, president of Grossman Bros., Milwaukee. "It should be handled in house. Then, if the employee feels that the safety problem is not being addressed adequately, they can go to OSHA."

Grossman is also in favor of an OSHA warning system. "If an OSHA inspector comes in and sees a discrepancy, then a warning should be given and a reasonable time period to correct it, say 90 days," he says. "We need to start working together, not against one another, and a warning system will help."

However, many of the scrap processors contacted indicate that they do not like the proposal to broaden inspection exemptions for small businesses. "Just because I am a large corporation, doesn’t mean I should be treated any differently," says Gromek. "Giving a business a break because of its size is simply not fair."

Although Mike Mattia, director of risk management for the Institute of Scrap Recycling Industries, Washington, agrees in principle, he says it should be recognized that the small business does not have the resources of a larger corporation. "They don’t have a dedicated safety department that can keep on top of all the OSHA regulations, many which are very hard to read and interpret," he says. "I am not saying that there should be a double standard, it is just that the OSHA standards in many cases are too complicated in the first place."

Other reform measures, such as the elimination of the National Institute of Occupational Safety and Health as proposed by the House bill, received an indifferent reaction from scrap processors, who indicated that they did not know enough about the institute to make a judgement.

According to a written OSHA statement, NIOSH researches worker conditions and makes scientific recommendations for setting protective standards in the workplace. "This is the only federal agency that performs such research," says Kane. "To date NIOSH has been essential in setting protective standards for asbestos, vinyl chloride, cotton dust, lead and many other hazards. Instead, H.R. 1834 would allow parties with direct financial interest to participate in ‘peer review’ panels which would guide the development of standards."

 

WILL SAFETY STANDARDS GO INTERNATIONAL?

The American National Standards Institute, New York, will convene a special two-day workshop to explore a newly emerging business issue – international occupational safety and health standards. The workshop, to be held May 7 and 8 at the Rosemont Convention Center, Rosemont, Ill., will be the first formal meeting for the discussion of the need for international OSH standards. The information gathered at the workshop will be used to formulate a recommendation to the ANSI International Advisory Committee based on opinions expressed on whether the United States would support the development of international OSH standards. Participants from a wide range of business, industry and governmental entities are expected to attend the event. For more information call ANSI at (212) 642-4915.

 COP OR COACH?

With all the talk of reinventing OSHA, Mattia wants to see is a fundamental change in the way OSHA conducts business.

"The current widespread attitude among OSHA inspectors is ‘what can I catch you doing wrong,’ instead of ‘how can I help you increase workplace safety,’" he says. "It should not be that way."

The bottom line is, if there is a safety problem, all parties involved should work to solve it, according to Gromek. "That’s why I am also in favor of a warning instead of a citation," he says. "I do not want OSHA inspectors to compromise the law, but I want them to listen to us and give companies time to figure out solutions to safety problems. If OSHA becomes more of a coach instead of a cop, then employers would be less afraid of them and more willing to accept them into their businesses. If that happens, then I think the adversarial relationship will eventually dissipate, and more deficiencies would be corrected in the long run."

One area that Mattia feels is overly burdensome is OSHA’s hazardous communications standard, implemented in the early 1990s. The standard, according to Mattia, has turned into a huge paperwork nightmare for businesses, and does little to increase actual safety on the job.

"The standard has created an enormous paper trail for businesses, and doesn’t impact directly on safety," he says. "For a small business, it can be overwhelming."

The proposed OSHA reform bills in Congress contain language that Mattia supports, such as a broader warning system and limiting inspectors to pertinent safety issues.

"Inspectors need to be more intuitive," he says. "It’s obvious that in a scrap yard employees should be wearing hard hats, eye protection and other safety gear, and if they are not, that’s flagrant. But to investigate an injury or a fatality, and find no safety violations, then cite the company for not having a properly grounded electrical outlet in an office is ridiculous. The inspector is just trying to find something wrong."

Mattia and others feel that OSHA inspectors tend to target scrap yards and recycling facilities more than other types of businesses simply because of the nature of the business, and because from the outside a scrap yard can look alarming.

"In reality, scrap yards are very safe places – probably safer than many construction sites," says Mattia. "It is not until one comes inside and realizes the yard’s structure that they begin to see the safety control."

FORGING AHEAD

While OSHA is attempting reinventing itself without a definite budget under the President’s plan, the agency also is trying to stay on top of the task at hand – maintaining inspections and reviewing new standards for the workplace. One change that is now coming to fruition is a certification test for crane operators. The program is being administered by the National Commission for the Certification of Crane Operators, Fairfax, Va.

The certification program was actually the brainchild of private industry leaders about seven years ago, and OSHA has supported the measure instead of developing its own standard. Beginning on March 30, 1996, the first crane operator tests will be administered throughout the U.S. at several sites, and subsequent certification will occur on a demand basis, according to NCCCO officials.

The impetus of the certification program is to increase operator professionalism and help prevent crane-related accidents. And now that the program is ready, NCCCO officials say that many companies, including scrap processors, are requiring that their operators become certified.

However, Mattia is not convinced that a certification is needed in the scrap industry.

"We were against the certification program from the beginning because it was too broad based," he says. "Cranes can be used a hundred different ways, and are used in numerous industries doing a multitude of tasks. I don’t think it is prudent to put a crane operator through a certification program that is going to test him on operations irrelevant to the scrap material handling industry. Sure, an operator needs to learn how to operate the crane properly, but he can learn what needs to be learned on the job, under the direction of the company."

Another standard, OSHA’s proposed ergonomics standard for jobs that involve repetitive motion, is being attacked on many fronts. One association, the National Association of Manufacturers, Washington, even established its own National Coalition on Ergonomics to challenge OSHA efforts in this area.

The coalition claims that there is not enough scientific data yet to even establish a standard for controlling repetitive motion disorders.

The coalition and others in industry received a major victory when President Clinton recently signed a Republican-backed bill preventing OSHA from spending any money to create a final standard on ergonomic protection until more studies are done.

"The standard was just too monstrous and convoluted," adds Mattia. "If it were implemented it would have been disastrous for many industries."

Finally, OSHA is working on a forklift truck training program and certification standard. Again, although Mattia welcomes any training initiatives and recommendations for equipment operators, he is against an agency outside the industry imposing a broad-based certification program.

PRACTICING PREVENTION

All the talk about OSHA reform is healthy, but back down on the scrap yard processors still need to concern themselves with the day-to-day health and safety of their employees. With large machines such as shredders, shears, crushers, pulverizers and balers, and materials to be processed like scrap metal, auto hulks, and mountains of paper, plastic and glass, it is easy to see why the recycling business can be a dangerous one if proper safety precautions are not practiced habitually.

Although employee safety and well being is of primary concern, a business owner also needs to consider other effects of a safety and training program that is lax and not thorough enough. Those effects include a poorly trained and unhappy workforce, higher workers’ compensation, lost productivity and, ultimately, lost profits.

One local OSHA compliance officer says that the biggest concern with recycling facilities recently is the proper protection of workers against high noise levels. The officer cites those operations with shredders and conveying systems as the ones that should be the most concerned.

Another area for which recyclers are getting cited is the proper handling and storage of hazardous materials – items such as used oil, batteries, paints and other fluids, as well as some contaminated metals and plastics. Also, there is concern about accurate record keeping of safety training and OSHA compliance. As discussed earlier, this task is currently being updated.

Finally, proper lockout/tagout procedures during equipment maintenance is an area that inspectors like to scrutinize because this is where a fatal injury can happen easily if correct procedures are not followed. Processors with heavy-duty equipment such as shears, balers and shredders should be especially attentive to ensure a proper lockout/tagout program is in place.

Although Mattia says that he sees no major safety problems at the average scrap yard, ISRI is concerned about a recent trend of accidents at yards from coiled scrap.

Mishaps recently recorded by ISRI include a worker who was impaled by rolled screen rebar that snapped back after being cut, and another worker who suffered facial cuts after an aluminum strip he was cutting sprang back and hit him in the face.

Other scrap-related accidents include a forklift operator who died from massive head injuries when the forks of the lift struck the raised rails of a railroad crossing in the yard, causing his head to slam into the forklift’s steering wheel; three workers who were killed while directing or working with a truckload of scrap; and an employee who was severely injured when his foot and leg were caught in the tail pulley of a scrap conveyor.

So, what’s a employer to do – will accidents always happen? The answer is no. Accidents usually occur due to a chain of events. And preventing just one of the events in the chain will stop the accident from occurring.

Here are some suggestions compiled from OSHA and various scrap processors.

First, every scrap processor and recycler needs to have an active OSHA training program in place. And that does not mean training for new employees only. There needs to be an established culture of systematic training at the workplace, and a training coordinator needs to be identified and given the time and tools to conduct meaningful training.

Second, scrap processors need to run a tight ship in terms of cleanliness. A messy, unorganized yard or facility is an invitation for mishaps and injuries. Materials should be consolidated as much as possible, and there should be daily sweepdowns and walkdowns, and frequent safety briefs. The walkdown and safety brief are good ideas because it involves the entire workforce, and if it is done in the morning it gets everyone thinking about safety right away.

Common mishaps that could result because of an untidy workplace include slip and trip hazards from scrap that has accumulated on the ground or floor; flying projectile hazards resulting from pieces of scrap hurled through the air when trucks, moving equipment or railcars run over them; falling scrap hazards due to uneven scrap piles or the precarious dangling of scrap material; and other hazards such as workers cutting or injuring themselves on scrap left strewn about the yard.

Third, proper safety gear needs to be worn at all times. This includes hard hats when working near scrap handling equipment, illuminated vests for workers walking through the yard for easier identification, safety goggles, steel-toed boots and hearing protection.

In addition, proper clothing should be worn when handling hazardous material, and certified hazardous storage equipment should be used. Two-way portable radios for all employees is a good idea, so that quick communication can be established if an accident occurs, or if a potential safety problem is spotted.

And finally, be prepared for medical emergencies. It’s probably a good idea to have everyone certified in CPR and basic First Aid, but if the scrap yard or recycling operation is more than three miles from the nearest medical facility, OSHA recommends that at least one person is trained in proper first aid procedures.

Also, medical emergency phone numbers should be posted or readily accessible throughout the company.

But in the end, Grossman says it comes down to simply being more careful and conscientious on the job.

"Carelessness is the biggest problem I see at scrap facilities," he says. "If we are all just a little bit more careful and conscious around the workplace, safety would take care of itself."

The author is managing editor of Recycling Today.