Building a world-class safety culture

A safety culture impacts all industries, whether you are a manufacturer or a service-oriented business. We are all unique, yet these tools will help you create a world-class safety culture.

What is a safety culture?

Culture is a way of thinking, behaving, and working as a group. A safety culture embodies the values and processes of creating a safe environment for all. People want to be safe at work, so engaging employees and management to work together to build a safety culture benefit everyone.

Why is it essential to have a safety culture?

Statistically, an unsafe work environment can cost a company billions of dollars and, more importantly, loss of life. According to OSHA:

24,000 workers are injured in every 8-hour workday.
Seventeen workers will die each day.
According to the National Safety Council, job site injuries cost society $128 billion in 1997, increasing to $291 billion in 2006.

These are direct costs, including medical expenses and lost time.

Indirect costs include loss of productivity, negative community press, litigation, and damage to the company brand. The impact on morale when a coworker dies or is seriously injured is somewhat immeasurable.

What are the phases of safety?

Intel Corporation created the Phases of Safety engagement model. It gauges where commitment and level of safety lie within a company’s environment. It measures safety on a scale of 0-5. The image is self-explanatory, with the first three phases somewhat ambivalent towards safety with a minimum focus on safety culture. The remaining three phases engage the entire organization and create a culture and environment of safety-minded employees and management. If safety is a value to the organization, it will not change if the leadership changes or the business experiences turnover. The difference can be the impact from a reactionary to a proactive mindset towards safety. The organization will move from a reactionary to a positive and proactive attitude toward safety.

Why create a safety committee?

A safety committee can be created to shepherd initiatives, programs, and employee engagement to be successful. The benefit of a safety committee ensures consistency, the process is documented and ‘written in stone,’ and a baseline for your safety culture has been established. In addition, the safety committee can react as situations arise, such as the impact of the Delta Variant and COVID-19.

What is the OSHA Voluntary Protection Program (VPP)?

The tools provided in the program can be very effective in creating a safety culture at your facility. According to OSHA,

The Voluntary Protection Programs (VPP) recognize employers and workers in the private industry and federal agencies who have implemented effective safety and health management systems and maintain injury and illness rates below national Bureau of Labor Statistics averages for their respective industries. In VPP, management, labor, and OSHA work cooperatively and proactively to prevent fatalities, injuries, and illnesses through a system focused on: hazard prevention and control; worksite analysis; training; and management commitment and worker involvement.

To participate, employers must submit an application to OSHA and undergo a rigorous onsite evaluation by a team of safety and health professionals. Union support is required for applicants represented by a bargaining unit. VPP participants are re-evaluated every three to five years to remain in the programs. VPP participants are exempt from OSHA programmed inspections while they maintain their VPP status.

Osha’s Program Management Technical Requirements create a world-class safety culture, primarily when all aspects are implemented.

Management commitment + Employee involvement = Success!

What can your organization do to promote safety?

Management commitment provides the motivating force and resources for organizing and controlling activities within an organization. Employee involvement builds the commitment to building a safety culture.

Supervisors should walk the walk and talk the talk. What is your outward presentation and commitment to safety to employees?
Be visible. Walk the floor, stop by stations on your way to your office and engage one on one with workers.
Engage with remote workers and afford them access to express concerns about their work-life and safety.
Close the loop when safety work orders or violations appear. The employees want to see management’s commitment to change if need be and return the workplace to a safety standard.
Behavior influences attitude. Be mindful.

Catamount Consulting- Create a world-class safety culture

Catamount Consulting provides experienced, high-quality construction and mining safety professionals for short or long-term onsite safety service assignments. Contact us to schedule a time to talk about your organization and how Catamount Consulting can help you create a world-class safety culture.

To view the webinar,click here for the meeting recording:
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Special thanks to our presenter, Joe Keenan, MBA, CSP from Catamount Consulting.

Mining Regulation & Compliance 2021

We are closing in at the end of the first quarter of 2021. The pandemic continues to show little mercy, and we welcomed a new administration. During our webinar, MSHA Regulation & Compliance 2021, we welcomed guest speakers Mark Savit, Executive Office of Predictive Compliance, and Brian Hendrix, a partner with Husch Blackwell in Washington, DC.

Mark and Brian discussed the expectations under the new Biden administration, the continued impact of COVID-19, and a discussion of priorities for 2021.

What to expect under the new Biden Administration

All eyes are on the Office of the Assistant Secretary of Mine Safety and Health Administration (MSHA) leadership. Never before has MSHA elected an Assistant Secretary before May following an election. Generally, the election is in the fall.

A few candidates have been discussed. According to an article on JDSUPRA,

“In what could be one of the more significant redirections of a government agency, the Biden administration’s transition team will almost certainly appoint a union-supported candidate to replace the current Assistant Secretary of Labor, Mine Safety and Health Administration, David Zatezalo. Biden’s candidacy revolved around a pro-labor agenda, and his transition team remains focused on expanding workers’ rights in the workplace.

The first candidate name with full labor support has been reported by Bloomberg Law – Robert Lesnick, former Chief Administrative Law Judge for the Federal Mine Safety and Health Review Commission, has reportedly expressed interest in heading MSHA. With the backing of the United Mine Workers and the United Steelworkers, Judge Lesnick represents a near-complete rejection of current MSHA leadership and a move towards a pro-labor MSHA.”

The article continues and summarizes, “Regardless of who the next leader of MSHA is, operators should absolutely expect a union-backed candidate to change MSHA’s approach to safety and return to its core mission – enforcement. Now is the time for operators to inject new energy into their safety programs, focusing on compliance-based activities.”

From the U.S. Department of Labor, “The Office of the Assistant Secretary plans, directs and administers MSHA’s activities to eliminate fatal mining accidents, reduce the frequency and severity of accidents, and minimize health hazards through enforcement of mandatory safety and health standards in the mining industry. MSHA also promotes improved safety and health conditions in the nation’s mines through training, education, and technical assistance programs including the testing and approval of equipment for use in the mining industry.”

How does COVID-19 continue to be a factor for MSHA regulations?

On March 10^th, MHSA updated its guidance on protecting miners in coal, metal, or nonmetal mines to identify risks of being exposed to SARS-CoV-2, the virus that causes COVID-19, at work and to help them determine appropriate control measures to reduce such risk.

According to the online article from Safety + Health,

“The guidance is pretty straightforward, and we believe several aspects can be incorporated into your existing training plan, and it also contains recommendations as well as references to relevant MSHA safety and health standards that already exist,” acting MSHA administrator Jeannette Galanis said March 10 during a conference call with industry stakeholders. “The guidance is based on CDC guidelines and consistent with programs many of you were good enough to share with us.”

Of significant concern is the question of whether MSHA would explore proceeding with an emergency temporary standard related to COVID-19. The President signed an Executive Order directing OSHA and MSHA to consider ETSs related to COVID-19 and, if determined to be necessary, issue them by March 15.

The new guidance in place advises mine operators and employees to establish or review a virus protection program. The guidance also comments on PPE, social distancing, ventilation, hygiene, and cleaning.

OSHA and MSHA Rules & Regulations 2021

The U.S. Department of Labor states, “The Mine Act gives the Secretary of Labor authority to develop, promulgate, and revise mining health or safety standards for the protection of life and prevention of injuries. Rulemaking is the process of developing and issuing rules (rules are also referred to as “regulations” or “standards”). The process can lead to the issuance of a new rule, an amendment to an existing rule, or the repeal of an existing rule.”

Crystalline Silica

A few years ago, OSHA introduced a new ruling regarding Crystalline Silica which, if inhaled, can cause Silicosis, and is linked to lung cancer and COPD. Some studies indicate it can be a potential carcinogen.

OSHA lowered the exposure limit, and MSHA said it would study the issue under the Trump administration. There is a consensus that the Biden Administration will push to get a Silica rule out from MSHA. There are questions! MSHA has never accepted PPE as part of compliance with the rule. Will they make an exception?

MSHA’s position is to exhaust all avenues to control the amount of dust in the air before introducing PPE to the miners. The mine operators are responsible for violations, in other words, strict liability.

The industry is concerned about how MSHA will regulate Silica levels and the worker’s environment. It is virtually impossible to control Silica in the workplace. They use PPE but increase Silicosis, and the industry does not require PPE, increasing exposure. No one knows what the rule will look like. It is safe to say that nothing will happen until MSHA gets an Assistant Secretary.

Powered Haulage Safety Initiative

About half of all U.S. mining fatalities in recent years – including 13 of the 27 fatalities in 2018 – were due to accidents involving powered haulage. That classification includes mobile equipment, conveyor systems, and anything else under power that hauls people or materials.

MSHA has made the prevention of powered haulage accidents a priority, with an initial focus on three areas: mobile equipment at surface mines, seat belt usage, and conveyor belt safety. Materials on this and related web pages support the powered haulage safety initiative.

The rulemaking process is incomplete and unpublished at this point. The new administration is left with an incomplete rule. We do not know what the new administration will do with the rule. Crystalline silica may be address before powered haulage.

Catamount Consulting: OSHA and MSHA

To view the webinar Regulation & Compliance 2021
Click here for the meeting recording:
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resources- https://www.jdsupra.com/legalnews/big-changes-could-be-coming-to-msha-s-87670/ , and https://www.safetyandhealthmagazine.com/articles/20952-covid-19-pandemic-msha-issues-updated-guidance-as-ets-debate-swirls , https://ohsonline.com/articles/2020/02/01/osha-silica-regulations-one-year-in-the-latest-developments-and-how-businesses-can-remain-compliant.aspx#:~:text=The%20new%20regulations%20limit%20the,be%20assessed%20for%20potential%20health

How does company culture & emotional intelligence affect site safety and employee engagement?

Whether your employees are remote on a construction or mining site or in your office setting, each person brings their emotional intelligence to the workplace. The combination and variations of this emotional intelligence weave and create the fiber of your company culture.

What are company culture and emotional intelligence?

Company culture or organizational culture describes the norms and behaviors within your business. These include policies, procedures, attitudes, goals, and human values such as:

Engagement
Trust
Drive and ambition
Motivation
Productivity

Enter emotional intelligence. Now we are adding feelings, egos, vulnerability, and self-esteem, to name a few. Mix these attributes inside your company culture and environment. You will find staff productivity and retention, customer retention, and profitability can be at risk.

The pandemic has impacted both company culture and emotional intelligence. As owners and managers, we need to repair the disconnection created by COVID and restore empathy and connectivity to our companies and, more importantly, our employees. The effect this will have on employee engagement and site safety is staggering.

Safety is a byproduct of other things.

Scott McKenna is the President of Catamount Consulting of New York. Scott mentions a valuable point: where is safety in our list of attributes affected by emotional intelligence? Site safety is always first, right? In today’s COVID environment, the healing of a disconnected work environment will lead to engagement. Engagement converts to safety and productivity. Scott shares the statistic that injuries can be reduced by 62% when employees feel safe and engaged.

Build a strong company culture

According to the experts at Indeed,

“In addition to salary, benefits, and opportunities to grow professionally, many employees consider company culture an important factor when looking for a new job. In fact, according to an Indeed survey, 46% of job seekers who considered a job but did not apply to it said they ultimately chose not to apply because they didn’t feel it would be a good culture fit.

Understanding different business cultures can help you develop a positive one for your workplace that centers on your company’s values, mission, and goals, and helps your employees be productive, satisfied, and engaged.”

Involve your management team and employees to collaborate on defining your company culture.

Set common and attainable goals.
Self-police and be aware of employees struggling with emotional issues.
Revisit the goals and share that it is okay not to know how to solve a problem. Look to the team for help.
Connect these goals and policies to safety and efficiency goals. Celebrate the wins!

Common ground and common goals

Jason Spector is an expert and authority on team building, emotional intelligence, and its impact on performance. Jason was our guest webinar speaker on January 19, 2021, on the subject of Company Culture and Emotional Intelligence. He shared his views on the impact culture and emotions have on performance, productivity, and of course, worksite safety.

To learn more about engaging your employees and creating or improving your company culture, view our webinar at:

Meeting Recording:
https://us02web.zoom.us/rec/share/iy70PjYCdenJpX5Yq1sq4ukHFSqvOefuLC_iTmf8rAHkqXzCgFDRO_0DNemDQNM.vLWe4X501R1scV2T
Access Passcode: 9?a4bvJ6

We can help.

Catamount Consulting is a provider of comprehensive on and off-site workplace training in all facets of MSHA, OSHA, and Work Zone Safety. Defining company culture and emotional intelligence are proven to create a safer and happier environment. Contact us to schedule a time to talk about your organization and how Catamount Consulting can help you create a collaborative and successful work environment.

MSHA Regulatory Trends in 2021

2021 MSHA Regulatory Trends

The MSHA impact on a reduced number of U.S. coal mines

Fewer coal mining businesses are operating currently in the U.S. The reduction of coal mines may impact the amount and duration of inspections nationwide. With fewer coal mines, there is more time for inspectors to devote themselves to existing operations. It is also plausible that these inspectors may turn to the metal and non-metal mines.

Regional organizations and field district offices may be combined or blurred into one office. The reduction provides significant financial savings to the agency.

Political impact on MSHA rules and regulations trends

There may be some political impact as a result of the 2020 Election. Mark Savit, General Manager of Predictive Compliance, shares his insight on the political implications the elections and transition may have on MSHA.

The incoming administration has not yet, as of this posting, created a Labor Department Transition team. Nor has the Biden team decided on an appointment for the Secretary of Labor position. Traditionally, Assistant Secretaries for OSHA and MSHA trail the appointment process by months. The current Trump administration has not had a confirmed Assistant Secretary for OSHA. Having looked at the transition team, it is compiled of about 90% of people with union connections and strongly pro-labor. Selection may be made with a candidate with ties to the unions such as steel, mining, or operating engineers. As a result, mine owners may be subject to complaints about management and may be pursued more vigorously.

What does MHSA training look like in the future?

MSHA Virtual Training

Training is a vital and critical part of operations, whether mining or construction. The pandemic created the need for virtual or online training. This virtual format widens the net for training options and can include even the most remote locations so long as internet options are available.

Virtual regulatory training is a logistically easier solution.
To ensure the attendees are active and in person, the addition of check-in requirements will be implemented.
Depending on the state and location, hybrid options for virtual and onsite training are possible. Here in NYS, 85% are virtual or online, maybe a hybrid of 40%. The western states are still predominantly training and meeting in person.
There is an increased focus on retention level with virtual training to stay relevant. Retention is critical, especially with significantly larger sessions such as the annual refresher.
Virtual meetings reduce travel costs. However, miners receive less pay because there is no travel time. The unions may press for in-person training.
Functional resources and guest speakers such as Mark Savit are more readily available using virtual training options.

Changes to site audits and inspections

MSHA Site Audit Changes”

Adherence to the CDC guidelines on mining and construction sites has not changed. The addition of wearing a mask, not shaking hands, and socially distancing has no impact on the audit and inspection process. Rules and regulations have not shifted.

Mark Savit built a virtual calculation tool, Predictive Compliance. It works like this: after an inspection, you can enter the violation and calculate the penalty on the spot. The program displays the options for fixing the citations and calculating what the new penalties will be. Completion of this new tool is estimated at 1^st Q 2021.

Determines the fines in real-time
It tells you what the impact is to the penalty if you change anything on the citation. For example, negotiate the determination of negligence from high to moderate or change the likelihood of injury can save thousands if not tens of thousands of dollars.

Being prepared for a MSHA inspection and handling citations keeps workers safe and avoids fines and penalties.

There is no crystal ball.

No one knows what impact the vaccine will have on our personal and professional lives. At Catamount Consulting, we do our best to keep you informed and offer training and information regularly. Visit our Services page to learn more about on and offsite training in all facets of MSHA, OSHA, and firearms safety.

Catamount is dedicated to providing small- to medium-sized businesses with professional safety services, consultation, and compliance strategies at a fair price and with the highest regard for quality and employee safety. Contact us to learn more.

Top cited standards for safety in construction and mining

The United States Department of Labor and OSHA and MSHA publish an annual list of Frequently Cited Standards. These standards exist to alert companies to these common standards so they can work to recognize and address workplace hazards before an OSHA or MSHA inspection.

Safety standards for construction and mining

Our staff of certified safety trainers compiled their top list of citations below. The goal of these citations is to reduce or eliminate preventable injuries and deaths in the workplace.

Machine Guarding

- OSHA 29 CFR 1910.212 – violations are generally for failing to have machines and equipment adequately guarded.
- MSHA 30 CFR 56.14107(a), 56.14100(b), 56.14100(c), 56.14112(a)(1) – inadequate guarding of moving machine parts, safety defects and/or failure to correct them, improper construction or maintenance of guards

Electrical Issues

- OSHA 29 CFR 1910.147 – violations include failing to have machine-specific LOTO procedures, inadequate training on procedures, and failing to conduct periodic inspections of procedures.
- MSHA 30 CFR 56.12004, 56.12032, 56.12028, 56.12018 – inspection and cover plates, testing grounding systems, identification of power switches in panel boxes, insulation, and fittings for power wires and cables

Hazard Communication

- OSHA 29 CFR 1910.1200 – violations generally involve failure to properly classify hazards and communicate them to employees.
- MSHA 30 CFR Part 47

Our earlier blog posts discussed preparing for and navigating your way through an OSHA or MSHA inspection. Knowing the standards and implementing consistent internal inspections and reviews will significantly mitigate your risk of an unfavorable assessment.

The importance of on-site safety

The loss of human life or the impact on a family when someone is severely disabled from on-site accidents is devastating. On-site construction and mining safety can impact more than the project site.

Understanding OSHA and MSHA safety standards significantly reduce the risk of work-related injuries and accidents. Create a culture of safety knowledge and acceptance to keep your workforce healthy and on the job.
Construction commonly occurs in or around populated areas. The public is exposed to the dangers of construction. OSHA standards addressing ladders, fall protection, respiratory protection, and scaffolding can save lives and prepare companies for OSHA inspections.
Unnecessary expense occurs when companies operate in an unsafe work environment. OSHA and MSHA fines and penalties can be significant. Additional expenses can include lawsuits, worker’s compensation costs, loss or damage to equipment, and penalties from missed delivery dates.

Create a safe and healthy construction or mining workplace.

Understanding OSHA and MSHA regulations and standards, managing citations, and creating a safe workplace save lives. We have the resources, and we can help.

Visit our Training, Consulting, and Work Zone Safety page to learn more about on-site and office training in all facets of MSHA, OSHA, and firearms safety.

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