Category Archives: Worker Safety

Chemical Hazard Communication Program

Every employer in Washington State is required to create and follow its own written Chemical Hazard Communication Program (HazCom) when employees work with or  are around hazardous chemicals. The Washington State Department of Labor & Industries offers free Consultation assistance for employers that need more help building a HazCom program.

Globally Harmonized System for Hazard Communication (Chapter 296-901, WAC) was among  top-10 most frequently cited rules for all businesses in 2019. See the others on the “Top-10 Rule Violations” page.

Learn the basics about chemical safety and educate your workers to avoid injuries and illness from chemical hazards. Sample program templates are available in English and Spanish:

OSHA Chemical Safety Standards

In order to ensure chemical safety in the workplace, information about the identities and hazards of the chemicals must be available and understandable to workers. OSHA’s Hazard Communication Standard (HCS) requires the development and dissemination of such information:

Chemical manufacturers and importers are required to evaluate the hazards of the chemicals they produce or import, and prepare labels and safety data sheets to convey the hazard information to their downstream customers;

All employers with hazardous chemicals in their workplaces must have labels and safety data sheets for their exposed workers, and train them to handle the chemicals appropriately. The training for employees must also include information on the hazards of the chemicals in their work area and the measures to be used to protect themselves.

For more information see OSHA’s Hazard Communication page.

More Information on Chemicals in the Workplace

The OSHA Occupational Chemical Database compiles information from several government agencies and organizations. Information available on the pages includes chemical identification and physical properties, exposure limits, sampling information, and additional resources.

The NIOSH Pocket Guide to Chemical Hazards contains information on several hundred chemicals commonly found in the workplace; The Environmental Protection Agency’s (EPA’s) Toxic Substance Control Act (TSCA) Chemical Substances Inventory lists information on more than 62,000 chemicals or chemical substances; EPA’s ChemView provides information on test data and assessments; some libraries maintain files of material safety data sheets (MSDS) for more than 100,000 substances.

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Remote Workplace Injuries – Are You Covered?

Are remote workplace injuries a covered event? Maybe, yes.

Now that we’re in a pandemic, it is possible for workers to be injured while not in the office or on the job site. Because many employees are working from home, it is possible that an injury at home might be a covered event.

Course of Employment

The Board of Industrial Insurance Appeals is an administrative law court that oversees, among other things, appeals in workers’ compensation cases. The Board publishes significant decisions made on a variety of topics, including course of employment questions. The sheer number of significant decisions on this topic demonstrates that the answer to most questions of “Am I Covered?” is “maybe.”

Generally, a worker who is injured while in the course of employment is able to file a workers’ compensation claim. In most cases, an injury occurs on the employer’s premises, but not always. For instance, an employee driving a car while furthering the employer’s business – say, a plumber driving a truck to a site where work will be performed, bringing tools and equipment required for the job – is likely a covered employee.

In the case of employees working from home due to protective steps taken in response to the pandemic, coverage may extend to the employee’s home. As an example, if you are working from home and, as part of your usual work duties, you have to lift a box of necessary tools up to your work surface and, while doing so, you injure your shoulder, you may have a covered injury event. Remote workplace injuries may be covered events, if the criteria for claim allowance are met.

Filing a Claim for an Injury

For those that have suffered an injury, whether on the employer’s premises or at home, a claim may be filed with the Department of Labor and Industries. A claim can be filed:

  • Online via DLI’s FileFast tool.
  • By phone: 1-877-561-3453 (FILE).
  • At your doctor’s office (if you complete the Report of Accident at your doctor’s office, the doctor files the form for you).

You can watch a DLI video that generally describes the process for filing a claim if you need more information about the steps to be taken.

More Information or Assistance

If you have questions about workers’ compensation, or if you already filed a claim and your claim was denied, please feel free to contact our firm. We offer a free case analysis, and would be happy to discuss your specific circumstances with you.

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Wildfire Smoke Worker-Safety Rules

Washington State is among the first to begin developing wildfire smoke worker-safety rules.

Wildfire Smoke Exposure is a Problem for Workers

The number of acres burned by wildfires in our state each year is increasing. Smoke from the Western wildfires last month left Washington with some of the worst air quality in the world at times, according to the Environmental Protection Agency.

For outdoor workers in construction, agriculture, and other jobs, being exposed to the bad air and the health risks that came with it was especially concerning as they reported to work each day.

What’s Being Done

To help these and other workers, the Department of Labor & Industries (L&I) is developing new workplace safety and health rules regarding wildfire smoke. This week, L&I filed the official notification, known as a CR-101, the first step in the rulemaking process.

“It’s clear that wildfire smoke isn’t a short-term issue. It impacts all of us, but is especially concerning for workers who have to be outside and breathe it in all day long,” said Craig Blackwood, deputy assistant director, Division of Occupational Safety and Health.

“By developing clear rules that spell out the safety and health requirements related to protective equipment and training, we can help businesses protect workers from these serious hazards,” said Blackwood.

Smoke from wildfires contains chemicals, gases and fine particles that can harm health. The health hazards continue even after fires are extinguished and cleanup work begins.

Some of the issues expected to be addressed in the new wildfire smoke worker-safety rules include:

  • identification of harmful exposures;
  • training and instruction; and
  • control of harmful exposures.

Washington is just the second state to formally undertake rulemaking regarding workers and wildfire smoke. California was the first, adopting wildfire smoke worker-safety rules in 2019.

You can Provide Input to the Process

L&I plans to hold meetings in the next few months to begin gathering information from stakeholders to help create an initial draft wildfire smoke rule. Like all rulemaking processes, once there is an official draft rule, there will also be opportunities for public input.

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Toolbox Talks App – Free Safety Tool

The no-cost Toolbox Talks application works on phones and tablets to document training in real time in the field. Available in English and Spanish, the app was designed for the construction industry, yet many topics can be utilized by other businesses.

There are over 100 Toolbox Talks included with the app covering a variety of topics. It is simple to find safety talks for both construction and marine industries. Review a topic, then document your safety briefing with a signature capture form that generates a PDF of the meeting details that you can email or save to your device.

The free app includes:

  • What to do and learn.
  • Inspection tips.
  • Questions for discussion.
  • Presenter tips.
  • The ability to obtain participant signatures.
  • The ability to add photos of worksites or equipment related to training.
Featured Toolbox Talks:

Read more and ownload the Toolbox App for iOS and Android mobile devices here.

Safety & Health Investment Projects

This app was developed by the Construction Center of Excellence and funded by a Safety & Health Investment Projects (SHIP) grant. SHIP grants have resulted in a wide variety of projects and topics, including:

Applications for SHIP grants are currently being accepted until September 8, 2020. To apply for a SHIP grant for your project, or to see the list of approved grant products, read more here.

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Safe + Sound Week

Safe + Sound Week, August 10-16, 2020, brings focus to a year-round OSHA campaign to encourage every workplace to improve upon their safety and health program. Employers and workers can recognize their safety successes and set the stage for new ones during Safe + Sound Week.

DLI and OSHA Help Employers Form Safety Programs

Washington’s Department of Labor and Industries has tools and resources available for businesses that want to improve safety, from the management level to the work floor.

Management leadership means there is a commitment from the top to implementing a program and using it to drive continuous improvement in safety and health.

When management leadership is sincere and is supported by actions, workers know that safety and health are important to business success. This means that the steps they take to improve safety and health will be valued by the business.

Top management can demonstrate its commitment to safety in many different ways, including:

  • Developing and communicating a safety and health policy statement.
  • Providing the resources needed to implement and operate the program.
  • Factoring safety and health into operational planning and decisions.
  • Recognizing or rewarding safety and health contributions and achievements.
  • Leading by example, by practicing safe behaviors and making safety part of daily conversations.

OSHA provides resources for businesses to strengthen their safety programs, including a webinar: Three Core Elements of Effective Safety and Health Programs.

Workers are Key Players in Safety

Workers often know the most about potential hazards associated with their jobs. When they are involved in finding solutions, they are invested in the program. To maximize participation, workers must feel free of any fear of retaliation or discrimination (e.g., for reporting an injury or hazardous conditions). Trust is key in promoting a safe workplace.

Workers can participate in many ways, including:

  • Developing the initial program design.
  • Reporting incidents (including near misses) so they can be investigated.
  • Analyzing hazards associated with routine and nonroutine jobs, tasks, and processes.
  • Defining and documenting safe work practices.
  • Conducting site inspections and incident investigations.
  • Training current coworkers and new hires.
  • Evaluating program performance and identifying ways to improve it.
COVID-19 Safety is Part of the Puzzle

Safe + Sound Week also gives us the chance to highlight workplace safety and employer responsibilities in the time of COVID-19. In Washington State, our phases of reopening are evolving as conditions change. However, one constant is an employer’s responsibility to provide a safe workplace.

The Safe Start Washington plan provides details for reopening of businesses.

Requirements for All Employers

The full details of the Safe Start Washington – Phased Reopening County-by-County plan is available here. The following is an outline of the requirements for employers under this plan. For all of the fine-point details, refer to the Safe Start document. In all phases – Employers are required to:

  • Provide (at no cost to employees) cloth facial coverings to employees, unless their exposure dictates a higher level of protection under the Department of Labor & Industries’ safety and health rules and guidance. Since June 8, all employees have been required to wear a cloth facial covering, consistent with the Washington State Department of Labor & Industries’ COVID-19 workplace safety and health rules and guidance.
  • Cooperate with public health authorities in the investigation of cases, suspected cases, outbreaks, and suspected outbreaks of COVID-19; cooperate with the implementation of infection control measures, including but not limited to isolation and quarantine and environmental cleaning; and comply with all public health authority orders and directives.
  • Notify the local health jurisdiction within 24 hours if it is suspected that COVID-19 is spreading in the workplace, or if you 2 or more employees develop confirmed or suspected COVID-19 within a 14-day period.
  • Keep a safe and healthy facility in accordance with state and federal law, and comply with COVID-19 worksite-specific safety practices.
  • Educate workers in the language they understand best about coronavirus and how to prevent transmission, and the employer’s COVID-19 policies.
  • Maintain minimum six-foot separation between all employees (and customers) in all interactions at all times. When strict physical distancing is not feasible for a specific task, other prevention measures are required, such as use of barriers, minimizing staff or customers in narrow or enclosed areas, and staggering breaks and work shift starts.
  • Ensure frequent and adequate hand washing with adequate maintenance of supplies. Use disposable gloves where safe and applicable to prevent virus transmission on tools or other items that are shared.
  • Establish a housekeeping schedule that includes frequent cleaning and sanitizing with a particular emphasis on commonly touched surfaces
  • Screen employees for signs/symptoms of COVID-19 at the start of their shift. Make sure sick employees stay home or immediately go home if they feel or appear sick. Cordon off any areas where an employee with probable or confirmed COVID-19 illness worked, touched surfaces, etc. until the area and equipment is cleaned and sanitized. Follow the cleaning guidelines set by the Centers for Disease Control to deep clean and sanitize.
  • Post a sign requiring customers to wear cloth facial coverings, and prominently display it at the entrance to the business so that it is immediately noticeable to all customers entering the store.
  • Follow requirements in Governor Inslee’s Proclamation 20-46 High-Risk Employees – Workers’ Rights.

Businesses are also required to implement any health and safety requirements developed specifically for their industry.

More Information for Workers

If you have questions or concerns about exposure to the Coronavirus on-the-job and how the workers’ compensation process will work, feel free to contact our firm for assistance.

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Rotten Roof Injures Roofer in Fall Incident

Roofer Falls 20 Feet through Rotten Roof

SUMMARY

A 39-year-old roofer was severely injured when he fell 20 feet through a rotten roof. He had 22 years of experience in the roofing industry and had been with his employer, a roofing contractor, for a year.

The injured roofer was a member of a four-person crew that had been tearing-off and replacing the flat (low pitch) roof of a manufacturing storage facility for a month. On the day of the incident, they were working to remove three layers of roofing materials to check for spots of rotten roof.

Warning lines were set up near the roof’s edges and a safety monitor was used. Workers were not required to use personal fall protection while inside the warning lines. Outside of the warning lines, they were required to use a personal fall arrest system consisting of a full body harness with ropes tied-off to anchor points. Most of the visible rotten roof was in the area outside of the warning lines.

The roofer was inside the warning lines near the roof ridge using a shovel to scrape off shingles and insulation. As he stepped backward, a patch of rotten roof gave way and he fell through, landing 20 feet below on wood flooring. He was severely injured and suffered numerous fractures and internal injuries.

Investigators found that a worker had previously placed an orange cone to mark a rotten spot near where the roofer broke through the roof. The spot he fell through was three feet away from the cone and under three layers of roofing material so he was not able to recognize it was rotten. Workers had also been walking across the roof in the area for several weeks. At the time of the incident, the safety monitor was on the other side of the roof ridge throwing debris into a truck below. After the incident, the employer required workers to use a personal fall arrest system at all times.

RECOMMENDATIONS

FACE investigators concluded that, to help prevent similar occurrences, employers should:
• Erect guardrails around rotten roof areas to prevent access.
• Place a cover of standard strength and construction over localized rotten roof areas. (A sheet of
plywood would have covered the rotted deck area in this case.)
• Use scaffolds and/or elevating work platforms to access the underside of a roof to remove rotted deck when site conditions allow their use.

REQUIREMENTS

• Employers must ensure that all surfaces on which employees will be working or walking on are structurally sound and will support them safely prior to allowing employees to work or walking on them. See WAC 296-155-24605(1)
• Ensure that the appropriate fall protection system is provided, installed, and implemented when employees are exposed to fall hazards of 10 feet or more to the ground or lower level while engaging in roofing work on a low-pitched roof. See WAC 296-155-24611(1)(a)
• Prior to permitting employees to start demolition operations, you must make an engineering survey, by a competent person, of the structure to determine structural integrity and possibility of unplanned collapse of any portion of the structure. See WAC 296-155-775(1)

MORE INFORMATION

Read the full FACE Construction Injury Narrative report for this incident. For a slideshow version, intended for educational purposes, click here.

This narrative is an alert about the serious traumatic injury of a worker and is based on preliminary data ONLY and does not represent final determinations regarding the nature of the incident or the cause of the injury. Developed by the WA State Fatality Assessment and Control Evaluation (FACE) Program and the Division of Occupational Safety and Health (DOSH), WA State Dept. of Labor & Industries. The FACE Program is supported in part by a grant from the National Institute for Occupational Safety and Health (NIOSH grant# 5U60OH008487). For more information visit the FACE website.

Read prior posts about roofing accidents:
WHY DO ROOFERS FALL FROM ROOFS? IS IT JUST BECAUSE OF GRAVITY?
MUKILTEO, WA COMPANY FINED $645,000+ FOR EXPOSING ROOFERS TO FALL HAZARDS

Violence Research By UW

“In May, the State of Washington awarded $1 million to the UW School of Medicine for the formation of the Firearm Injury & Policy Research Program. The program seeks to answer urgent questions involving firearm risks, injuries, policies and programs in Washington state.” – UW Medicine

Violence research by UW Medicine researchers provides findings that support the contention of ongoing impacts to physical and mental health subsequent to experiencing violence. Workplace violence is increasingly prevalent, with immediate and long-lasting consequences for the victims of this violence.

The lasting effects of workplace violence can require ongoing medical and psychiatric care, can impede the victim’s ability to return to work and, in some cases, can result in permanent impairments. In my experience, the mental health impacts can be the most insidious and difficult to overcome. The difficulties are compounded if an injured worker encounters pushback from the Department of Labor and Industries, sometimes in the form of treatment denials, other times through not recognizing the difficulty in returning to work or not acknowledging the presence of permanent impairment.

UW Medicine recently released the news of the completion and presentation of the researcher’s findings. Violence research findings that span every age and a variety of circumstances, but findings that can be applied to workplace violence cases, as well. The full text of the UW Medicine release can be read here, and is excerpted, below:

Violence has complex, far-reaching impacts on health

A new paper by UW Medicine researchers offers a broad, updated look at the interrelated impacts of violence on physical and mental health across age groups, from infants to elderly people.

The authors compiled recent compelling findings about health effects of child abuse, bullying, youth violence, adult interpersonal violence, and elder abuse, among others.  The paper was published Oct. 7 in Health Affairs. Its authors represent the Firearm Injury & Policy Research Program, based at the Harborview Injury Prevention & Research Center.

“Violence has important consequences for physical and mental health. These consequences vary with the type of violence and age, but all of them can be severe, debilitating and lifelong,” said Dr. Fred Rivara, the paper’s lead author. He is a professor of pediatrics at the University of Washington School of Medicine and adjunct professor of epidemiology at the UW School of Public Health.

“The findings of our review point out the need to both treat the victims of violence and prevent these types of violence from occurring in the first place,” Rivara said.

By organizing their findings by age group, the authors highlighted the cumulative, interrelated harms of violence across the lifespan. For example, research has found that victims of child abuse have an elevated risk of depression, suicidality, drug use, and certain chronic illnesses later in life. Because of that risk, they are also more likely to later experience intimate partner violence, which in turn heightens risk of depression, anxiety, asthma, gastrointestinal disorders, chronic pain, and other health issues.

An overview of many types of violence also helps broaden research and policy perspectives beyond the immediate physical trauma, and draws attention to long-term health impacts. These harms affect not only individuals, but also indirectly traumatize family, friends, and communities.

Fall Protection Lifelines Cut

Fall Protection Lifelines Cut by Exposed Edges – DOSH Hazard Alert

Fall protection lifelines cut by exposed edges have occurred in two separate accidents. The Washington State Department of Labor and Industries Division of Occupational Safety and Health (DOSH) recently issued an hazard alert directed to all employers and workers who rely on personal fall arrest systems. The following information was provided by DOSH.

DOSH Hazard Alert

This alert was developed by L&I’s Division of Occupational Safety and Health (DOSH) to alert employers, labor groups, and employees to potential hazards associated with work activities. This is not a rule and creates no new legal obligations. The information provided includes suggested guidance on how to avoid workplace hazards and describes relevant mandatory safety and health rules. DOSH recommends you also check the related rules for additional requirements.

Fall protection lifelines cut – a real and deadly risk

In Washington State, two workers fell to their deaths due to their self-retracting lifelines (SRLs) being severed in separate fall incidents. The lifelines had been anchored horizontally (i.e., at a level below the harness D-ring.

One incident involved a steel-cable lifeline that was severed when it contacted the edge of formwork made of steel plates.ƒ The other incident occurred when a nylon webbing lifeline was severed after contacting sharp, abrasive edges along a beveled wall.

Evidence from investigations of each incident indicated damage to lifelines occurred during the fall, not before. In both cases, manufacturers of the lifelines warned about using SRLs around edges that could damage the lifeline or prevent the SRL from effectively arresting the fall. Although the incidents described involved SLRs, non-SLRs (e.g., lanyard and rope, webbing, or cable) have similar risk.

Employers are required to address this risk per WAC 296-155-24613(1)(e), “You must protect all safety lines and lanyards against being cut or abraded”.

How to prevent this from happening at your jobsite

Any open side or edge of a floor, roof, deck, platform, or formwork creates a condition in which a lifeline could contact an edge and be severed in the event of a fall. To protect workers who use lifelines:

  • Identify and document all potentially hazardous edges during your walk-around safety inspections at the jobsite.
  • When possible, avoid working in areas where lifelines could contact potentially hazardous edges should a fall occur. ƒ
  • Anchor lifelines vertically overhead, whenever possible, to prevent the lifeline from contacting an edge and to minimize swing falls (or the pendulum effect) that can abrade and cut lifelines. In addition, make sure workers stay within a safe working distance from the overhead anchor point. ƒ

When a fall could occur over an edge:

  • Select and provide lifelines designed specifically for the
    application and follow the manufacturer’s instructions for use.
  • Protect lifelines against being cut or abraded by covering the edge with a protective material.
  • Address potentially hazardous edges and protective measures for lifelines in your Fall Protection Work Plan.
  • Routinely inspect lifelines and other fall protection equipment before each use.

Instruct crews on:

  • The use and limitations of the fall protection equipment provided.
  • Where potentially hazardous edges are located.
  • Why they need to protect lifelines when working around exposed edges and how to do that.

Share this alert with crews to reinforce awareness of this safety issue.

Other resources you can access

View the full alert here.

Stand-Down for Safety, May 6 – 10, 2019


Fatalities caused by falls from elevation continue to be a leading cause of death for construction employees, accounting for 366 of the 971 construction fatalities recorded in 2017 (BLS data). Those deaths were preventable. The National Safety Stand-Down raises fall hazard awareness across the country in an effort to stop fall fatalities and injuries.

Join the Washington State Stand Down

Falls cost. Safety pays. Choose to promote fall prevention on your job site during Safety Stand-Down weeks.

 

What is a Safety Stand-Down?

It’s when you take a break from normal work activities so your crew can focus on a particular jobsite safety topic, like training on safe use of ladders or inspection of full body harnesses.

Falls are the leading cause of death in construction, as you can see from this Washington State infographic (753 KB PDF)

Who Can Participate?

Anyone who wants to prevent hazards in the workplace can participate in the Stand-Down. In past years, participants included commercial construction companies of all sizes, residential construction contractors, sub- and independent contractors, highway construction companies, general industry employers, the U.S. Military, other government participants, unions, employer’s trade associations, institutes, employee interest organizations, and safety equipment manufacturers.

Get Involved

Start now. Any construction business in Washington State can choose how to participate and what to address. You’ll find plenty of ideas and ready-to-go resources on various topics. See the Ladder Safety Resource Guide (177 KB PDF).

Ideas for Stand Down

Stand-Down activities can range from short toolbox talks to scheduled, full-day events. Pick what’s right for your company.  Find ideas here.

Share your success stories!

Share your story on social media with the hashtags #StandDown4Safety and #StopFalls.

Image credit: OSHA

Ironworker Falls 80 Feet through Bent Plate Gap

The Washington Fatality Assessment and Control Evaluation (FACE) Program* has published a new Injury Narrative. The new narrative describes an incident where an ironworker fell from a roof into a debris net. 

These are one-page reports that summarize work-related incidents and list some requirements and recommendations that might have prevented the incident from occurring. For your convenience, this narrative is also available as a Slideshow intended to be used as a group discussion and training tool.

FACE is focusing on the construction industry. These narratives provide preliminary information about the incident to the interested community, similar to OSHA’s Fatal Facts and MSHA’s Fatalgrams. FACE hopes that they are used for formal or informal educational opportunities to help prevent similar incidents.

 Ironworker Falls 80 Feet through Bent Plate Gap

 

A 29-year-old ironworker was severely injured after falling through a bent plate gap and landing 80 feet below in a debris net. Coworkers rescued him from the net. He suffered numerous injuries, and still had not returned to work nearly a year after the incident.

The ironworker’s employer was a structural steel and precast concrete contractor. He had worked for his employer for over four years and he had been an ironworker for 10 years.

See the full details of the report, including safety requirements and recommendations, here.