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SAFETY vs COMPLIANCE Friends or Foes Richard H Black RHB Training and Consulting Services

Keeping Employees Safe Why we do what we do? 1. It's the Law! 2. It's Cost Effective! 3. It's our Job! 4. It's RIGHT!. RHB TRAINING AND CONSULTING SERVICES. . . 13th PSU Seminar. Keeping Employees Safe Doing the Right Thing, Because, It's the Right Thing to do! . RHB TRAINING AND CONSULTING SERVICES.

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SAFETY vs COMPLIANCE Friends or Foes Richard H Black RHB Training and Consulting Services

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    1. SAFETY vs COMPLIANCE Friends or Foes Richard H Black RHB Training and Consulting Services reference Confined Space Bookletreference Confined Space Booklet

    2. Keeping Employees Safe Why we do what we do? 1. Its the Law! 2. Its Cost Effective! 3. Its our Job! 4. Its RIGHT! reference Confined Space Bookletreference Confined Space Booklet

    3. Keeping Employees Safe Doing the Right Thing, Because, Its the Right Thing to do! reference Confined Space Bookletreference Confined Space Booklet

    4. Keeping Employees Safe Why we do what we do? Its RIGHT to save lives. Its RIGHT to prevent accidents. Its RIGHT to do your best. Its RIGHT to care. reference Confined Space Bookletreference Confined Space Booklet

    5. Doing the Right Things Unconditional support by upper mgmt. Total worker involvement Sensible policies, rules, regulations Appropriate disciplinary policies Documented job expectations Effective training Safety audits Accident investigation Root cause analysis Take action on findings reference Confined Space Bookletreference Confined Space Booklet

    6. Doing the Right Things CARE!!! reference Confined Space Bookletreference Confined Space Booklet

    7. Safety - Motivations 1. Protect life! 2. Promote safety! 3. Protect health! 4. Prevent accidents! reference Confined Space Bookletreference Confined Space Booklet

    8. Keeping Employees Safe Why we do what we do? 1. Its the Law! reference Confined Space Bookletreference Confined Space Booklet

    9. The Law Requires It CFR 30 56.1 & 57.1 The purpose of these standards is the protection of life, the promotion of health and safety, and the prevention of accidents. reference Confined Space Bookletreference Confined Space Booklet

    10. Mining Deaths per 1000 Employees 1900-2009 (per MSHA data) reference Confined Space Bookletreference Confined Space Booklet

    11. Mining Deaths per 347,582 Employees 1900-2009 (per MSHA data) reference Confined Space Bookletreference Confined Space Booklet

    12. Mining Deaths per 1000 Employees 1990-2009 reference Confined Space Bookletreference Confined Space Booklet

    13. Mining Deaths per 347,582 Employees 1990-2009 reference Confined Space Bookletreference Confined Space Booklet

    14. Coal Mine Incidence Rate 1931-2007 reference Confined Space Bookletreference Confined Space Booklet

    15. All Mining Incidence Rate 1973-2007 reference Confined Space Bookletreference Confined Space Booklet

    16. Coal Mine Incidence Rate 1931-2007 reference Confined Space Bookletreference Confined Space Booklet

    17. Coal Mine Fatalities and Incidence Rate reference Confined Space Bookletreference Confined Space Booklet

    18. Coal Mining Productivity by Decade reference Confined Space Bookletreference Confined Space Booklet

    19. Incidence Rate vs Productivity reference Confined Space Bookletreference Confined Space Booklet

    20. Fatalities vs Productivity reference Confined Space Bookletreference Confined Space Booklet

    21. Coal Mining Productivity 1931-2007 reference Confined Space Bookletreference Confined Space Booklet

    22. Coal Production 1931-2007 reference Confined Space Bookletreference Confined Space Booklet

    23. Coal Mining Hours 1931-2007 reference Confined Space Bookletreference Confined Space Booklet

    24. The Historical record indicates: 1. Fatality and incident rates have improved (decreased) continuously since 1900, before and after periods of new regulations. 2. Productivity has increased continuously since at least 1931, except during the period 1970 - 1979. 3. Where does that leave us now? reference Confined Space Bookletreference Confined Space Booklet

    25. 1977 Mine Act SEC. 2. Congress declares that- (a) the first priority and concern of all in the coal or other mining industry must be the health and safety of its most precious resource--the miner; reference Confined Space Bookletreference Confined Space Booklet

    26. 1977 Mine Act (d) the existence of unsafe and unhealthful conditions and practices in the Nation's coal or other mines is a serious impediment to the future growth of the coal or other mining industry and cannot be tolerated; reference Confined Space Bookletreference Confined Space Booklet

    27. 1977 Mine Act (e) the operators of such mines with the assistance of the miners have the primary responsibility to prevent the existence of such conditions and practices in such mines; reference Confined Space Bookletreference Confined Space Booklet

    28. 1977 Mine Act (g) it is the purpose of this Act (1) to establish interim mandatory health and safety standards and to promulgate improved mandatory health or safety standards to protect the health and safety of the Nation's coal or other miners; reference Confined Space Bookletreference Confined Space Booklet

    29. 1977 Mine Act (g) (2) to require that each operator of a coal or other mine and every miner in such mine comply with such standards; reference Confined Space Bookletreference Confined Space Booklet

    30. Standards Promulgated The purpose of these standards is the protection of life, the promotion of health and safety, and the prevention of accidents. from CFR 30 56.1 & 57.1 reference Confined Space Bookletreference Confined Space Booklet

    31. 1977 Mine Act SEC. 103. (a) Authorized representatives of the Secretary shall make frequent inspections and investigations for the purpose of: (1) obtaining, utilizing, and disseminating information relating to health and safety conditions, the causes of accidents, and the causes of diseases and physical impairments originating in such mines, (2) gathering information with respect to mandatory health or safety standards, reference Confined Space Bookletreference Confined Space Booklet

    32. 1977 Mine Act SEC. 103. (a) Authorized representatives of the Secretary shall make frequent inspections and investigations for the purpose of: (3) determining whether an imminent danger exists, and 4) determining whether there is compliance with the mandatory health or safety standards or with any citation, order, or decision issued under this title or other requirements of this Act. reference Confined Space Bookletreference Confined Space Booklet

    33. 1977 Mine Act SEC. 103. In carrying out the requirements of clauses (3) and (4) of this subsection, the Secretary shall make inspections of each underground coal or other mine in its entirety at least four times a year, and of each surface coal or other mine in its entirety at least two times a year. reference Confined Space Bookletreference Confined Space Booklet

    34. Compliance - Motivations (Originally) 1. Protect life. 2. Promote safety. 3. Protect health. 4. Prevent accidents. 5. Cost avoidance (cost of citations). 6. Avoid prosecution. 7. Promote labor relations. reference Confined Space Bookletreference Confined Space Booklet

    35. MSHA Violations 2000-2008 reference Confined Space Bookletreference Confined Space Booklet

    36. MSHA Penalties Assessed 2000-2008 reference Confined Space Bookletreference Confined Space Booklet

    37. $ Assessed/Employee 2000-2008 reference Confined Space Bookletreference Confined Space Booklet

    38. Compliance - Motivations (Currently) 1. Cost avoidance (cost of citations). 2. Avoid prosecution. 3. Promote labor relations. 4. Protect life. 5. Promote safety. 6. Protect health. 7. Prevent accidents. reference Confined Space Bookletreference Confined Space Booklet

    39. Violation? 30 CFR 56.12019 Access to stationary electrical equipment or switchgear. reference Confined Space Bookletreference Confined Space Booklet

    40. Violation? 30 CFR 56.12019 Access to stationary electrical equipment or switchgear. Inspector: YES. The supervisors office has access blocked to the 120 to 240 Volt switchgear/breaker box. This condition exposes persons to an electrical shock permanently disabling injury hazard. Result: NO. Citation vacated through conferencing. Was there intent to violate or to place miners in danger? reference Confined Space Bookletreference Confined Space Booklet

    41. Violation? reference Confined Space Bookletreference Confined Space Booklet

    42. Violation? Obviously YES. Overt attempt to circumvent both safe work practice and legal safety standards Was there intent to violate or place employees in danger? reference Confined Space Bookletreference Confined Space Booklet

    43. Violation? 30 CFR 56.12019 Access to stationary electrical equipment or switchgear. reference Confined Space Bookletreference Confined Space Booklet

    44. Violation? 30 CFR 56.12019 Access to stationary electrical equipment or switchgear. Inspector: YES. The Truck Shop Office has access blocked to the energized 240-Volt breaker box/switchgear. This condition exposes persons - an electrical shock permanently disabling injury hazard. Result: NO. Citation vacated through conferencing. Was there intent to violate or place employees in danger? reference Confined Space Bookletreference Confined Space Booklet

    45. Violation? reference Confined Space Bookletreference Confined Space Booklet

    46. Violation? Obviously YES. Overt attempt to circumvent both safe work practice and legal safety standards Was there intent to violate or place employees in danger? reference Confined Space Bookletreference Confined Space Booklet

    47. Violation? 30 CFR 56.20013 Waste receptacles. Receptacles with covers shall be provided at suitable locations reference Confined Space Bookletreference Confined Space Booklet

    48. Violation? 30 CFR 56.20013 Waste receptacles. Receptacles with covers shall be provided at suitable locations Inspector: YES. Receptacles with covers shall be provided at suitable locations and used for the disposal of waste food and associated materials. They shall be emptied frequently and shall be maintained in clean and sanitary condition. Result: NO. Citation vacated through conferencing. Was there intent to violate or place employees in danger? reference Confined Space Bookletreference Confined Space Booklet

    49. Confused? reference Confined Space Bookletreference Confined Space Booklet

    50. Conflicted? reference Confined Space Bookletreference Confined Space Booklet

    51. Suicidal? reference Confined Space Bookletreference Confined Space Booklet

    52. Compliance Strategies (Some currently in use) 1. Conference everything. 2. Hire company inspectors (former MSHA). 3. Dont sweat the small stuff. 4. Pray 5. Bribe the inspector. 6. Hands up I surrender 7. Close the mine. reference Confined Space Bookletreference Confined Space Booklet

    53. Compliance Strategies 1. Concentrate on safe production. 2. Strive for zero 3. Involve everyone. 4. Top down influence. 5. Zero tolerance policy. 6. Documented job expectations 7. Effective training 8. Safety audits 9. Accident investigation 10. Root cause analysis 11. Take action on findings. reference Confined Space Bookletreference Confined Space Booklet

    54. Cooperative Stakeholders 1. Miners 2. Operators 3. Government (MSHA) How can we make it work? reference Confined Space Bookletreference Confined Space Booklet

    55. How can we make it work? Punitive Measures VS Positive Reinforcement reference Confined Space Bookletreference Confined Space Booklet

    56. 1977 Mine Act The Mine Act requires MSHA to make at least four complete inspections of all underground operations yearly and at least two surface mine inspections a year. reference Confined Space Bookletreference Confined Space Booklet

    57. How can we make it work? OSHAs VPP Model reference Confined Space Bookletreference Confined Space Booklet

    58. Voluntary Protection Programs (VPP) Cooperative Govt/Industry program that recognizes exemplary safety and health programs reference Confined Space Bookletreference Confined Space Booklet

    59. OSHAs VPP Program Effective Safety and Health Management 1. Management leadership & employee involvement 2. Worksite analysis 3. Hazard prevention and control 4. Safety and health training reference Confined Space Bookletreference Confined Space Booklet

    60. OSHAs VPP Program Difficult Entry Requirements 1. Must meet stiff S&H performance criteria 2. Must document complete management safety system 3. Must involve all levels of mgmt and workers 4. Rigorous onsite evaluation reference Confined Space Bookletreference Confined Space Booklet

    61. OSHAs VPP Program Benefits for Participants 1. Superior S&H program 2. Cooperative (not punitive) relationship with the regulatory agency 3. Status (bragging rights) in the industry 4. Exemption from scheduled inspections 5. Ability to share successful programs 6. Improved labor relations 7. Bottom line financial performance improvement reference Confined Space Bookletreference Confined Space Booklet

    62. OSHAs VPP Program Benefits for Agency 1. Improved safety performance 2. Inspection manpower savings 3. Successes breed success 4. Improved agency/industry relations 4. Agency viewed more as partner/helper not policemen reference Confined Space Bookletreference Confined Space Booklet

    63. OSHAs VPP Program Results: Average participants safety performance (incidence rate) is 50% below industry average. reference Confined Space Bookletreference Confined Space Booklet

    64. Challenge to MSHA Develop a VPP type program for outstanding operators by January 2012 reference Confined Space Bookletreference Confined Space Booklet

    65. Challenge to Miners and Operators Begin to run safety management programs that would qualify for VPP reference Confined Space Bookletreference Confined Space Booklet

    66. Challenge to All Stop complaining! Get serious! Make it work! reference Confined Space Bookletreference Confined Space Booklet

    67. More info about OSHAs VPP http://www.osha.gov/dcsp/vpp/index.html click All about VPP or Application packet reference Confined Space Bookletreference Confined Space Booklet

    68. My contact info Richard H. Black RHB Training and Consulting Services richardblack.cmsp@yahoo.com 610-587-8500 reference Confined Space Bookletreference Confined Space Booklet

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