Safety Wars
Safety Wars Live OSHA Outreach in Construction Updates, OSHA News and Views
Hi this is Jim from Safety Wars. Before we set the program, I want to make sure everyone understands that we often talk about OSHA and EPA citations, along with some other regulatory actions from other agencies. Legal cases and criminal activity. Everyone is innocent until proven guilty in a court of law. Proposed fines are exactly that and they are often litigated, reduced or vacant. We use available public records and news accounts and press releases. We cannot warm tea or guarantee the details of any of the stories we share, since we are not directly involved with these stories, at least not most of the time. Enjoy the show. This, this, this, this show is brought to you by Safety FM. And from the border, the Liberty Prosperity, the Highway to North. This is Safety Wars for once held as 14, 2024, as everybody is doing out there. I hope you are enjoying your day and, like I said before, we kicked in here on Safety FM. Beautiful day here in the Northeast. I spent the entire day in North Jersey visiting clients and doing a Safety Audits for more than one. A Safety Audits for all different types of work areas. General industry, construction, disasters, sites, maritime. I get a lot of tech oriented companies. Today we had one with a event to meeting plan, playing firm. And as everyone here on the program knows, my wife is an event to meeting planner and everything I learned about event to meeting planning. I learned from her. It was great to apply some of that knowledge and actually get paid for it. Hope everybody is, you know, go through there. Anyway, we have a lot of new customers here and new listeners. And they were very interested in hearing. Making sure about the area. They're very interested in hearing all that outreach training. So we're going to, what I found out today was, outreach training is being updated on October 1, 2024. This goes through periodic updates. We're going to go through that from the point of view of course. You know, we'll do that. So it is Wednesday and it's our hop number three. What are we talking about here? This is safety war broadcasting to our brothers and sisters in the occupied territory of behavior based safety. Get out your secret Dakota ring. Here's your nightly message. Learning is vital. Learning is vital. That's right. Learning is vital. And we go through this and there's five hop principles. We try to go through it. Now, every day where it says I'm a Thursday, we're going to do like number four Friday, number five and everything with that. How you enjoying the new demos and everything that, you know, I did okay with them with this and we're going to do here. Let's hear this one. We're getting better here. Ocean recordables, catastrophic losses, environmental disasters. You want answers? So do I. This is Jim Pollsell with safety wars? That's my daddy. So there's much to do. I've been getting a lot of inquiries on outreach training for, you know, for the university that I teach at and also for the private clients that I have. And I went over some of this stuff with, you know, I go, I push the outreach training because it's a lot of real basic information. If my opinion, when some of the states do do this with their vocational technical schools, every worker out there should by the time they get out of high school have either a 10 or 30 hour course and your general industry construction maritime something. But the most important thing is the one hour introduction, OSHA, which we're going to go over one of these days. Now we're trying to find the right venue and everything here for that. And it's because it's a civil rights type issue. And people do not know their civil rights as workers, as employers or anything. And this is where this comes into and it's a very controversial, believe it or not, thing for a lot of companies and a lot of individuals because they feel that people should take one for the team, right? We don't let me move this. Civil rights, you know, you don't have civil rights as worker. You have a right under OSHA do a safe and helpful workplace for your recognized hazards. And a right, right, and it's codified. A right is different than a what. You have a right. And we're also going to talk about that in the very near future on one of these shows on what rights are because they're important and with that. And you have to be able to assert your right to actually, you know, to maintain them in a way. Now I'm going to go right into the OSHA outreach training stuff right now. Now this is, if you look here, this is the outreach training program, construction industry, procedures, revised on July 1st for their effective on October 1st, 2024. And why do we, no, why do we have this stuff? So generally speaking, we're maritime. I'm sorry. It is one of those. I'm generally speaking. From maritime journal industry and construction outreach, you have 10 and 30 hour courses. So for example, you have 10 and 30 hour construction outreach training. You have 10 and 30 hour general industry training. You have maritime training, which includes shipyards, marine terminals and long shoring. And then you have like the oddball of them, which is the disaster response worker training, which is either seven and a half or 15 hour training with a very concentration on PPE and different disasters to deal with with that. So one of my most requested courses is this, the construction outreach training. And this is not something you really want to mess with as we covered the story here in the New York area. There is one individual or a group of individuals that allegedly issued about 20,000 fake OSHA cards, OSHA outreach cards. Now to work in New York City on a department of buildings job or pretty much any federal, federal funded job or government funded job, you have to have a special department of buildings. You have to have a license to work and they have different levels of license. I'm not going to go into those here. But one of the requirements is that you have to have a 30 hour course. Now they did this in a hurry because there were a bunch of catastrophic accidents in New York City. So the former mayor de Blasio and his administration and all the politicians and we have to come out with 40 hours of training. And people get very confused because you have 40 hour haswapfer, you have eight hour refreshers, you have the 30 hour course that we're talking or the 10 hour course what we're talking about tonight. You have all different types of stuff in there and people get very, very, very confused by it. I don't know why, but people get confused by all this stuff. Now, and it used to be a lot more frequent but every about once a week for years, I was getting phone calls. Jimmy, how long does I get a phone call and it went like this and I'm not the only trainer. So I think it was a government checking up on us. Jimmy, you do 30 hour outreach training? Yes. Well, how long does it take to get a 30 hour outreach course? How long does the class? And it would be 30 hours? And then we'll be, well, how long does it take to get a 10 hour course? I actually have to show up for that. Yeah, it takes 10 hours. And then they get aggravated with you. Well, I know somebody or this is the I know somebody. I know somebody who could do the class in eight hours. Well, you know somebody who can wrote federal law and committed a felony then. Well, yeah, but Jim 30. No, well, come on. Now, everyone's doing it. Well, I don't do it. And the conversations like this happened all the time and every once in a while, we still get them. And what ends up happening is, you know, one of the things is that as a trainer for the outreach training, it is a awareness level course, even a 30 hour course is an awareness level course. You're not actually certifying anything in anyone in anything in that course. Yes, that's true. So for the companies who saw them up front, if you're a company and you think you're going to send people to a outreach course, and they're going to be certified in something or trained in something. Why is that? Because every one of these courses is different. Well, what do you mean? It's different. It's different. And you're going to see how that is right now in the in the in the in the course. Your how things are different. Well, every trainer does things different. Yes, you have basic, you have basic information that you have time, which we're going to go through. Now, going back to let me finish this story with New York, they had several thousand, tens of thousands of workers that needed outreach training at one time. I'm going to tell you, OSHA does not allow you to do training more than seven and a half hours per day. That means on a 10 hour course, it's going to take two days. On a 30 hour course, it's going to take four days, but it can go up to six months as of today, August 14, 2024, it can go up to six months, right, which is a pain in the neck to do a 30 hour course because you really kind of everyone's going to show up to every class. Every person is going to be present at every class. Everybody's going to be aware of what's going on in every class. So it's a little bit of a bear to contend with. The 10 hour course, a lot of use your to do that. So a lot of my clients back in the day used to do like two hours a week or one hour a week and in 10 weeks, you got everything that you need. And again, a little bit of pain in the neck to manage. Now, so what happened was they had all these people going and they said, I'm not I can't afford to take four days off. So they buy things on the on the street. I can't take a four to take two days off. They buy it on the street. And believe me, it shows because what ends up happening is you have people that show up to these job sites. And I mean, there are people that don't even know how to put on fall protection on any of this stuff. Fall protection, hard hats. We actually had one guy working for a painting contractor that didn't even know how to put on a respirator. And I'm not even talking blasted. I mean, a standard half face respirator. He lasted about three days in at the company. They had to get rid of him because he knew nothing about safety, nothing, not a zero. And not totally his fault because look at the context that we are left to work in, especially if English is not your first language, because back in the day and I mean back in the day, like five years ago, people go to a job site and they be like, and I had a client do this. This actually happened where they go to a job site and the client personnel, they say, Hey, why aren't you doing this? Why aren't you doing this? And what's the response? Well, I have no training. I don't know what's going on. And they say it in broken English. And the safety professor will be, Oh, okay, what we're going to leave on the level, just keep an eye on them, sort of thing, rather than say, well, wait, you had the training, you had the knowledge or you're supposed to have right in the ocean, have reached training. How can you not know basic stuff? How to wear a hard hat, how to put on a face of safety glasses, how to use fall for action equipment. Ocean recordable, you have managers that go through a 30 hour course, had never heard of an ocean recordable. I had that three days ago on one of my projects, where I was called in to do a safety audit. Guess what? You're nothing. Well, okay, you had a recent accident here. Can I see the accident report? Sure. And it's like a three line accident report that does not meet OSHA requirements under OSHA 300A accident report, right? I believe that's the form. But anyway, the accident report form, no idea, no nothing. And he was 30 hour trained twice. Never heard of it. You're nothing about it. So it shows that it's putting companies out of liability long term, because eventually, because you know through the SKR modes of work model from Jens Rasmussen, we know eventually there's going to be human error. And you're going to have some type of accident, or if you like the Swiss cheese model, where all the Swiss cheese's holes line up. Or if you like, my favorite is the sand model, where people have a sand, have a pile of sand and how much sand does it take them for the avalanche, right? And now which grain of sand cause the avalanche, right? Or if the Jenga like Todd Conklin made popular, the Jenga thing with the blocks. But anyway, so long term, there's an issue here. So in the short term, workers, especially the under workers, they'll know their way around a site. And they don't know what their rights are, don't know what the company is supposed to be doing. And on the longer term, you can have added liability to the company, because you have people that don't know what they're doing, and it causes accidents and everything else. So here, we're going to switch on over to the manual here. And here is the construction industry overview. The purpose of the OSHA outreach training program for the construction industry is to teach construction workers, for their rights, employer responsibilities, how to file a complaint, as well as identify, abate, avoid and prevent job related hazards. OSHA authorizes safety and health professionals who complete an OSHA outreach construction trainer course to conduct occupational safety and health classes for construction workers. After the training, its complete trainer is documented training to their authorizing training organization and receives student course completion cards to distribute to the workers they have trained. So we issue a card, depending on your issuing organization, it's usually around 30 days, but it could take up to 90 days to get a card. And by the way, if you're a trainer, you have to give that card in within 90 days, and you can have a temporary card issued also. You're allowed to issue that has to be a standardized language on there and everything. The outreach training program is voluntary, right? Unless there's localities, New York City, Philadelphia, San Diego, in the shipyard industry, mandate outreach training, and that's like separate from OSHA. Some states and local jurisdictions have an act of legislation mandating OSHA outreach program training to work on job sites to fill their own safety training goals. However, the federal government does that mandate, pardon me, OSHA outreach training program participation for additional information on OSHA training related requirements, see blah, blah, blah, blah, blah. So essentially, what does it take to be an outreach trainer? You have to become an authorized outreach trainer for the construction industry. You must have five years of construction safety experience, period. A bachelor's degree in occupational safety at all this substitute for two years. Even on that, application people put down there working safely here. So to become an authorized trainer, you're right on that. So you have to complete the OSHA 510 course, and the complete the OSHA 500 course, which is 510 and is Occupational Safety and Health Standards for the construction industry. To remain current on relevant OSHA matters and ensure quality training, construction outreach trainers are required to complete either the OSHA 502 course, and Occupational Safety and Health Standards for the construction industry course every four years. Well, I mean, it's a nightmare to keep up, and they have other top things here. Now, here are the designated training requirements for under OSHA, or for the 10-hour construction industry. Now, the training should emphasize hazard identification avoidance control and prevention, not OSHA standards. All right, so you're following on this here, introduction to OSHA. That's one hour. So you have required courses, introduction to OSHA is one hour, and that OSHA has issued overheads for that, or PowerPoint presentations for that. Right, and what does that cover? Workers' rights, employer responsibilities, and how to file a complaint. It includes self-ful workers, safety and health resources. It also provides samples of weekly fatality, an accident and catastrophe report, SDSs, and the OSHA Form 200. Materials include an instructor guide, student handouts, and participatory activities. Then you have the OSHA Focus 4 Hazards. Right, so that's one hour of intro to OSHA. Now, we have OSHA Focus 4 Hazards. Those are required, and they're a one hour and 30 minutes each, right, for fall protection, one hour and 30 minutes. The remaining three Focus 4 Hazards topics must be covered for a minimum of 30 minutes each. Right, and then you have, after the Focus 4, what's the focus for fall, electrocution, struck by a quantum machine. Then you have to have 30 minutes of PPE, 30 minutes of health hazards in instruction, which is essentially industrial hygiene, noise, hazard communication, grilling silica, and then you have an elective of two hours. So, if you do the math, that's six hours. Right, so far, now we have an elective of two hours, and you must present at least two hours of training on the following topics. Remember on the length of any topic is 30 minutes, and you have a whole list here, I won't read them out here, but the whole rest. So, you could tailor make these courses to the specific, uh, your specific needs. Right, so that's what the idea is here. Then you have an optional of two hours. Right, to each other, construction industry hazards or policies and/or expand on the required or elective trop topics. The minimum length of any topic is 30 minutes, and that is your 10 hour course done over two days. So, normally, how do we break them down? Five hours and five hours, however, some clients, one seven and a half and two and a half. It all depends on what, uh, the client wants to do and who's paying the bill. From the front lines of the safety war, it's safety wars. With your host, Jim Pozel on Safety FM, get ready to face the harsh reality. In an unpredictable world, one voice rises above the chaos. Meet Jim Pozel, a seasoned safety expert who's navigated through some of the most dangerous scenarios, from anthrax, explosive cleanups, disasters and numerous environmental cleanups and live to tell the tale. Now he's bringing his wealth of knowledge, insights and experiences to you through safety wars. From workplace hazards to the hidden dangers in your own home, Jim covers it all with his engaging storytelling. Safety Wars isn't just a podcast, it's your guide to a safer world. Join Jim Pozel and become part of the Safety Wars Revolution, available on Spotify, Apple Podcasts, YouTube and wherever you get your podcasts and videos. Safety World. Your safety is our mission. I'm sure you've heard the news. Safety training is evolving and you should be too. Outdated safety training isn't just boring, it's dangerous. If your safety trainer is still preaching a warped version of behavior-based safety from 25 years ago, it's time for a change. Imagine safety training that actually addresses the hazards unique to your workplace. No more generic, one-size-fits-all solutions. The Safety Wars team at safetywars.com is here to revolutionize how you approach safety with customized training that's relevant, engaging and effective. Contact Jim Pozel at 845-269-5772. Remember, if you're receiving this message, you are the solution to unsafe workplaces. Say goodbye to outdated safety training and hello to a safer, more productive environment. Visit safetywars.com now. Okay, so here we have the 30-hour back. We're talking about OSHA outreach training here. Here we have the 30-hour construction industry curriculum here. So the training program is in, right, so the 30-hour training program is intended to provide a variety of training to workers with some safety responsibilities. Training should emphasize, I'm sorry, I cannot speak tonight, hazard identification and avoidance, control and prevention. Not OSHA standards. So normally, you have the 10-hour course. That's for your everyday worker. Now, a 30-hour course, that's for like a supervisor. A lot of companies do not like to give this. One, because there's a lot of more information, two and number two and there's a lot more time and number three. And pretty much, I've seen companies give this training to their employees and the employees walk. If you're in areas like New York City, this is required here for the Department of Labor and pretty much anywhere where there's government money. So the mandatory required stuff is 14 hours. Now, what I don't like is that the introduction of OSHA is still one hour. Now, under the optional stuff at the end, do we expand? I normally expand it. I can talk about it for two hours and keep it pretty interesting for the workers. And if it's going to be a 30-hour course, I think that would probably be a good idea with that. Now, you have also the managing safety and health for two hours. You have added topics. That may include injury and illness prevention programs, job site inspections, accident prevention programs, management commitment, and employee involvement, works and analysis, hazard prevention and control, accident investigations, how to conduct safety meetings and supervisory communications, OSHA focus for hazards, which we already won over, PPE two hours. Well, let me just go back. So for falls, it's still a one hour, a minimum one hour and 30 minutes. PPE for two hours, health hazards for two hours and steroids and ladders for one hour. Then you have an elective and there's a big long thing that must present at least 12 hours of training on the following topics and a big long thing here. But what they are requiring is a foundations of for safety leadership, which is an OSHA course and there is a very large handout on there that talks about leadership. And I like to talk about leadership and I also supplement that with our own leadership program here that I developed. Stay tuned. You'll hear more about that in the very near future. And you have an optional four hours to each other construction hazards or policy and/or expand on the growth required elective topics. This is usually where I go into fall protection issues. It is on something like that for the four hours. Now the ineligible training topics. Topics must be occupational safety and health topics dealing with hazard recognition and prevention, cert, CPR and first aid instruction and training cannot be counted towards the fulfillment. So a lot of people back in the day, back in the beginning would do for CPR and first aid training and they said, well, that's part of the outreach training program. No, it's not. You're not allowed to do it. No, no, no, no. However, I have spoken to the training for the training organizations, now they can credit it. And let's say that we want to talk about OSHA's because there's a first aid in CPR, a first aid section in OSHA regulations with that. If you can meet all the other requirements or you could probably get through on that, but check with your program people because half of the time I hear one thing, half of the time I hear the other thing and I'm accredited by two different organizations that have told me completely the opposite things. So I avoid it. Training conducted to comply with OSHA standards cannot be counted toward OSHA outreach training programs. The other thing that I do is I also talk about lead in construction, 1926-62. Okay, and then there's different questionnaires and now this is all done electronically now, but they still include a worksheet here for that. And then you have to have a statement of compliance that goes in there and I'm just zooming through here. So that's basically an outreach course. So what's the point here? Give us a call. I'm credentialed in all four outreach training. That's construction, general industry, maritime and disaster response. And go out there and give us a call, 845-269-5772 and we can set up a class for you. We're going to take again another brief break and I'm going to set up the, we're going to talk about OSHA news and views. And now the biggest stories out there over the last three have been the election, this November's election. Presidential and federal elections here in the United States. I am not going over those now. Later on, probably on a different venue, we're going to be going over that stuff and I'll be talking about it. But I'm counting this as a haven from presidential politics here with everything. So when I go over the, a lot of this stuff from the government on these news releases, I think our could be considered, I read them at an in-kind donation, if not legally than morally. So I'm being very selective on the stories that I share here with this. Some people have made comments while you're doing this sign and that sign, blah, blah, blah. I'm not. I'm just reading government documents for the most part. And but we're going to try to avoid to do, avoid doing that. Okay. So here we have, it's from the Department of Labor, right? So OSHA did not update their website today. So I went to the Department of Labor website for the information here. So the Department of Labor reaches a settlement with a poultry facility to enhance safety measures after a 16 year old suffers fatal injuries. This is from today. And it's not our policy to mention company names today. I mean, last night I said it then, and I left one slip out here. And we got to remember everyone's innocent until they're proven guilty and all that stuff. So the US Department of Labor has reached a settlement agreement with a Hates, Addies, Red Poultry is the poultry processing plant that requires a company to pay $164,814 in fines and implement enhanced safety measures to protect their employees from well known machine hazards. The agreement follows investigation by OSHA into the failure by the company to use required safety procedures that would have kept a teenage worker from being fatally caught in a machine as they cleaned it in July 2023. In addition to abating all violations cited by all OSHA, they had to do implement the following enhancements. Another, add another properly trained supervisor to the sanitation ship, provide workers exposed to Lotto and machine-guarding hazards with updated training, require the plant manager and safety director complete OSHA's 30 hour general industry training, and plan serve providers complete OSHA's 10 hour training. So that's general industry. We'll go over that at another time. Institute a system for assigning identifying and issuing locks to authorized employees, performing lock-out or tag-out functions, and update programs and training to reflect this requirement. Conduct a risk assessment, a risk and hazard assessment, to evaluate the safety exposures and hazards associated with current Lotto procedures for the sanitation ship. The assessment must include a review of any incidents, including near-misses, injuries and unexpected start-ups or malfunctions. Well, let's put it to you this way. To actually do that, you actually have to record those things and make records. Before monthly, lock-out and tag-out safety audits. So, and then, you know, stuff going on. Here are the facilities raised livers for poultry production since 1954 in many different facilities. So, let's see what the violations are if they're going to let us know today. Citation 1 item 1, serious. You've learned in not sure that the cap and top, if equipped and top is step ladder of a step ladder that are not used as steps, right? So, using the top stair of a step ladder, 15,625. Citation 1 item 2, type of violation, serious. And remember, these are just proposed site fines, everything that's litigated, litigated, reduced, vacated, and all the other stuff, right? Depending on the situation. This is another walking and working surfaces violation. Employer did not ensure that portable ladders used to gain access to an upper landing surface and have side rails that extend at least three feet above the upper's landing surface. Another 15,625. Citation 1 item 3, except that provided elsewhere in this section. 29 CFR 1910.28, the employer did not ensure that each employee on a walking, walking, working service with an unprotected side or edge that is four feet or more above or lower level is protected. So, this is four foot or higher. You have to have some kind of protection there. Guard rail, fall protection, everyone thinks fall protection is automatically harnessed. No, that's not true. Another 15,625. Now, here comes the citation 1 item for a serious lockout tagout for procedures. We're not being used. Procedures are not developed, documented, and used for the control of hazardous energy in another 15,625. Citation 1 item 5, type of violation, serious. 1910, 147. Again, development, this is the same as before. The previous one, 15,625. And this is another one. This is a per instance. Another 15,625. Citation 1 item 7, serious. 1910, 147, D2. The machine or equipment was not turned off. Or shut down using the procedures established. Another 15,625. Citation 1 item 8, lockout or tagout devices were not affixed to each energy isolating device by authorized employees. 15,625. 1910, 147, D4I, lockout or tagout devices were not affixed to each energy isolating device by authorized employees as 15,625. 1910, 147, C4, 000, IB. The energy control procedures do not clearly and specifically outline the steps for shutting down isolating blocking or securing machines. Another 15,625. Citation 1 item 11, type of violation, serious. Lockout devices and lockout devices and tagout devices and not indicate the identity of the employee applying the device. 15,625. Citation 1 item 12, type of violation, serious. No training. You guess another 15,625. Citation 1 item 13. One or more methods of machine guarding was not provided. Another 15,625. Unused openings and boxes, cabinets and fittings were not effectively closed. So an electric box, a junction box, there are punch ads on there for that allow you to wire more than one thing and there you can look on any of them. Again, that's another issue with that. Now the things are punched out and not covered. I don't know how you would cover on them. That was 8,300 bucks in change. Citation 2 item 1, other than serious, employer did not provide the protection equipment including personal protective equipment used to comply with this part. Right. Sanitation out of our natural life 14, 2023, the employer did not provide required personal protective equipment such as chemical resistance and rubber boots and no cloths to employees. Were they charging or were they telling employees when you were in your own PPE? 1172. I don't know. Citation 2 item 2, type of violation, other than serious. Each disconnecting means required by support of part 1910 for motors and appliances. It was not legibly marked to indicate its purpose nor located and arranged to the purpose that was evidence. So uh, I can labeling here, labeling of things. What goes with what? That was $0 on that one other than serious. I guess they let them off easy on that one. Another uh other than serious sentences to rooms and other guarded locations containing exposed life hours for not marked with conspicuous warning signs submitting unqualified versions to enter. That was 0 and that's the end of it for a grand total proposed 212,646. All this stuff easily remedied. Not a big deal here. So this is a convenience store chain. US Department of Labor sites leading convenience store chain for serious violation after gunmen. Truth the cash here. So you're going to say, well, how is the uh, how is the uh, uh, uh, hold on. Here you go. This is probably going to be the general duty clause. I'm going to play the audio for general duty clause here. Uh, violation here. So let me do that and uh, here because you know, this is why I do these things. General duty clause. What is it? Want to avoid hefty OSHA fines and keep your team safe? Let's dive into the general duty clause. The general duty clause, section five, A1 of the OSHA Act of 1970 is a catch all rule to cover unregulated hazards. Employers must keep workplaces free from recognized dangers that could cause death or serious harm. For OSHA to cite you under the general duty clause, they must prove the following four things. One, the employer failed to render its workplace free of a hazard. Two, an employee was exposed to that hazard. Three, that hazard was causing or likely to cause death or serious physical harm and four. Feasible means exist to free the workplace of the hazard. Employees aren't off the hook either. Section five, B, mandates they follow all safety standards. Both employers and employees must work together to maintain a safe work environment. Examples, think lifting above shoulder height repeatedly or working without proper support. Stay proactive. Monitor work areas, apply the four part test and you'll prevent those nasty citations and keep everyone safe. Need help? And more information. Contact Jim Clozell and the Safety Wars team to help you prevent workplace incidents. Conduct safety audits and training. Contact the safety wars team at gym@safetywars.com or 8452-695772. Visit us on the web at www.safetywars.com. Let's build a safer workplace together. All right, so I get tired of saying that again and again. So I just made a little cut in there for this. All right, so this is real simple. Somebody, and I'll read this here. The citation one item one serious and they cited the company for 16,131, the maximum here. The honor about January 19, 2024, the store in Orlando, Florida, a cashier standing behind the register was shot and seriously injured during an attempted robbery. Among other methods, feasible and acceptable means of abatement that would materially reduce the hazard include reviewing and updating existing workplace violence policies to implement a comprehensive workplace violence prevention program, including but not limited to the following controls. Right, so they had to show obviously somebody was exposed to the hazard. It was a known hazard to this company. No, there was a feasible means of fixing this, right, and everything else. So OSHA has got to go out there and they typically show what you could do. It's in the letter here. So acceptable means of abatement, right, or this one conduct the work site has an analysis or identified environmental operational risk or violence, including analyze and workplace security to identify and implement engineering administrative controls, reduce the risk of robbery and or assault, such as but not limited to installing physical barriers, such as voltage resistance enclosures, which separate customers from the store associates had to cash register, using a method to control access during late night and early morning hours, such as locking doors, using passory windows, or installing a controlled access entry system, like a buzzer, and selling a panic alarm system that alerts local authorities to ensure a rapid reliable response from the alarm is triggered. Update current policies and procedures that reflect implemented changes and review the effectiveness of these controls, at least annually or more frequently were necessary to address increased workplace violence incidents that work. Three trained employees working during the night shift on workplace violence prevention policies and procedures, including but not limited to locking doors, using passory windows, limiting tasks outside the facility, and reporting and locking workplace violence incidents, including threats of workplace violence and near misses. Four, establish a comprehensive work plan, workplace violence incident investigation program to investigate all incidents of workplace violence, including threats of workplace violence and near misses. Track workplace violence incidents and workplace violence complaints to determine any necessary actions to prevent reoccurrences, reviews, store, snow data. I don't know what that is, but they say you got to do it. Area crime reports and incident reports from other sources at least annually were more frequently when necessary to determine appropriate risk levels. And so they on one for 16,131. Now this is a little bit controversial because this is what normally I would get back from a client. And what that is, is Jimmy, it's not in the regulation, therefore, I don't have to do it. No, it says that, right, because under the general duty clause, right, yeah, got to do it. Number two is that, and I don't even know where the position would be on this. Well, we're all going to carry guns in the store. Well, okay, I don't know how that works out if any are where you're at, because most employers that I know of do not encourage that. PPE, again, up here in New York, can you issue PPE related to this? Let's say you wanted to issue everybody a bulletproof vest in this store. That's PPE, or someone would say a substitution thing on the hierarchy of controls, because you still get hurt with a bulletproof vest. Right, you just don't get the same kind of injury. Well, again, in New York, you can't do that because bulletproof vest are outlawed. So, what am I saying here? If you're in a convenience store, if you're in a regular workplace, this would probably be something that you would want to point out to your employer with security issues. Okay. OSHA administers more than 20 whistleblower protections. A whistleblower complaint, right, here. If OSHA proceeds with an investigation with a whistleblower complaint, OSHA will notify your employer of your complaint of providing employer with an opportunity to respond on that. So, basically, even if you make a complaint on safety and they do something to you, right, they're in violation of any whistleblower law, of the whistleblower law. So, what are some of the things that I might do? No, harass, discipline, cut your hours, cut your pay, not give you a promotion that you were up for, anything like that, any retaliation for complaining. So, what's my point when you're dealing with the in the convenience stores here and you don't have security or any workplace environment, you don't have security, you document it. And if it's that dangerous, do you really have to do the work? That's, you know, that's how I ask what I can ask. Well, guess what? That's an ethical judgment at that point, because just the way it is. You know, it's an ethical judgment. Are you going to work there or not? So, we're going to release two videos on this probably tomorrow, as well as all the updated podcast information for this week. That's going to be tomorrow. So, I know we'll confuse everybody by uploading three episodes, but that's what we're going to do with things. I've had some obligations you're at in the evening. Yeah, here's some others. So, we covered the Harvard Bridge accident. The operators of a Harvard Bridge project created that malfunction and caught fire last year have reached a settlement with federal safety investments officials agreeing to comply with approved procedures. The accident happened on April 22nd, 2023 at the construction site of the New Bridge's South Pylon. When an 18,000-pound bucket of concrete that had been suspended over and fell into the works done below of the tower crane, injuring the wife of a visiting baseball player during a Corpus Christi Hooks game at the nearby Whataburger Fig field. Ada Hernandez was hit with flying matter of shrapnel from the crane that cut through her baby bag. Wow, and hit her in the spleen. So, anyway, hold on, streaming stopped. Okay, we're going to just end the program right here. And because I don't think I can resolve this here. This is a little bit more thing. I'm getting interference. So, sorry, guys, and gals out there. We are going to go to our outro and I will see you tomorrow. The views and opinions expressed on this podcast are those of the host and its guest and do not necessarily reflect the official policy or position of the company. Examples of analysis discussed within this podcast are only examples. They should not be utilized in the real world as the only solution available as they are based only on very limited and dated open-source information. Assumptions made within this analysis are not reflective of the position of the company. No part of this podcast may be reproduced, stored in a retrieval system, or transmitted in any form or by any means. Mechanical, electronic, recording, or otherwise without prior written permission of the creator of the podcast, Jay Allen. [Music] [Music] [Music] [Music] [Music] [Music] Is your safety training old, stale, and hacky? Is your safety trainer still preaching a warped version of behavior-based safety? How about safety training that actually addresses your hazards in your workplaces and is not standardized below any from 25 years ago? Contact the safety words team at safetywords.com or call Jim Pollsell at 845-269-5772. Remember, if you're receiving this message, you are the solution to unsafe workplaces. [BLANK_AUDIO]