How long does it take for OSHA to develop standards – like for Workplace Violence?

Why OSHA standards take so long to develop

The Government Accountability office reports to Congress on items of interest to Congress and their constituents.  One area that was recently examined was how long it takes OSHA to update standards, or develop new standards.  Here’s a look at the results:

By: David LaHoda, April 30th, 2012

A report by the U.S. Government Accountability Office (GAO) on why OSHA standards take, on average, more than seven years to complete found that “increased procedural requirements, shifting priorities, and a rigorous standard of judicial review” contributed to the lengthy time frame.

In responding to the GAO report, Randy Rabinowitz, OMB Watch’s director of regulatory policy said: “In the years since its creation, OSHA’s charge to protect workers from harm has been undermined by Kafkaesque demands for additional reviews of existing rules mandated by new statutes and executive orders,” according to The Hill. While OSHA’s internal inability to remain focused on priorities and regulatory follow-through was the counter argument presented by the U.S. Chamber of Commerce.

“While some of the changes, such as improving coordination with other agencies to leverage expertise, are within OSHA’s authority, others call for significant procedural changes that would require amending existing laws,” according tot he GAO report.

The GAO report recommended that that OSHA and NIOSH improve collaboration on researching occupational hazards. In that way OSHA could better “leverage NIOSH expertise in determining the needs for new standards and developing them.”

For the entire 55-page report go to http://www.gao.gov/products/GAO-12-330

Preview of the Webinar on Workplace Violence Prevention

Companies often don’t think about preventing workplace violence until there is an incident that affects them, or a company similar to them, or geographically close.  As soon as something happens close to home, they want to get serious and do something about it right away.

Workplace violence prevention is actually a process that, like in quantum physics, when we talked about the observed particle, just putting management’s attention on the potential problem will start the prevention process.

A good place to start is with adjusting and updating your policies.  Perhaps your policy is outdated, or hasn’t been publicized in your organization.   Time to dust it off and make sure it includes these critical elements:

1.  It says:  We have a total no-weapons policy in this company.

2.  Employees are REQUIRED to report any potential, or even suspected workplace violence situations or incidents.

3.  There is an approved company form which every employee has electronically, to use
if necessary.

4.   Every employee has to attend a violence prevention training course, or active shooter drill, or both, annually.

The policy is the first step.  Next, the policy has to be approved by the management or by the Board, and then sent to every employee, along with an affirmation agreement that they sign saying they read the policy and understand it.

More tomorrow… or attend our special workplace violence webinar.  You can sign up at:

http://t.co/rKBuoDgt

Man Wants to Commit Suicide at Hospital to Donate his Organs!

Suicidal Man Triggers an Evacuation in Denton, Texas.

The emergency department at Texas Health Presbyterian Hospital was evacuated after an armed man threatened to shoot himself in the hospital’s parking lot, as reported in a newspaper article. The man had sent suicidal messages to his ex-wife. She contacted police, who in turn began tracking the man’s cell phone. He was found in his vehicle, which was parked in front of the hospital’s ED. Police cleared the ED while they negotiated with him for about 45 minutes. The man told police he chose the hospital because he wanted to donate his organs after he killed himsel

Another Look at OSHA & Workplace Violence

I just finished reading a new book called HALT THE VIOLENCE, written and edited by Patricia Biles and her Alliance Against Workplace Violence group.  Here are some of my thoughts on it, if your organization has been evaluating workplace violence issues:

Here’s my review and why I think you should get it (Amazon) and take a look – it’s a short read — less than 150 pages.

I like the insider perspective on how to prevent violence in the workplace. Patricia Biles was a former OSHA (U.S Occupational Safety and Health Administration) employee and their guru on violence issues.  Her work with industry groups and individuals has given her rare insight on the subject of stopping the epidemic of violence, and she gives practical solutions that employers and individuals can use to halt the violence.

The book covers the escalation of violence in the workplace and how OSHA reacted to the problem, which came to the forefront in 1989.  She identifies the groups most affected by violent events at work, including nurses, healthcare workers, taxi drivers, convenience stores, and late night retail establishments in particular.

As well as covering a complete history of the issue, she also weaves together input from other experts who specialize in aspects of the overall workplace violence problem, including the problem of violence in hospitals,  the increased incidents of bullying in the workplace, the importance of early intervention and practical strategies for diffusing angy, aggressive individuals.

The important of risk management procedures, such as performing regular threat assessments is identified as one of the few ways to identify individuals who may pose a threat, although the authors point out that both the Virginia Tech shooter and Jared Loughner, the diagnosed schizophrenic who shot Gabby Giffords, her staff, and innocent bystanders in Tucson, were both examined, and had psychological profiles which stated they were ‘unlikely’ to be a threat to others.

Specific violence-prone workplaces are also identified and specific recommendations given for hospitals, home health and social workers, and educational institutions such as schools, colleges and universities.

In some ways, this is an insider’s book because it gives you the behind-the-headlines details, not only of major workplace violence incidents, but also a look at what it takes to create new laws and encourage congress and federal agencies to recognize the problem and take concrete steps to ‘halt the violence’!

All in all, this is a very insightful and practical look at a problem that affects every workplace and every person who goes to work and counts on returning home in the same condition.  Employers will want to implement the suggestions in the book on how to reduce violence in individual organizations, and it also offers a valuable perspective on how to comply with new OSHA standards and they continue to evolve their approach to this critical issue.

 

Webinar Looks at New OSHA Workplace Violence Directive

Workplace Violent Incidents have been on the rise in several specific organizations, including hospitals, home health organizations, social workers who do in home visit, and also late-night retail stores.

On September 8, 2011, OSHA suddenly released their internal Directive on what their OSHA investigators look for when they go to an organization to investigate a Workplace Violence incident.

Whether the incident involves a domestic violence incident, like when a husband shoots his wife at work; or whether it is patient violence against the Emergency Room nurses, it is a big problem that has been increased over the last 8 years.

We have set up a special no-cost webinar to review the new directive and see what it means for employers. Join us to look at how to protect your organization and make sure your staff, and patients stay safe.

OSHA Starts New Enforcement Initiative for Workplace Violence Issues

On September 8, OSHA issued a new directive about enforcement activity on workplace violence issues.  This directive (CPL 02-01-052) takes effective on Sept. 8, 2011 and is called Enforcement Procedures for Investigating or Inspecting Workplace Violence Incidents.  It details new procedures for the OSHA inspectors, but it is also a valuable document to show employers what they can expect.

The directive follows the shocking news that in 2010, 18% of workplace fatalities were caused by assaults and violent acts, while only 14% were caused by falls, according to the Bureau of Labor Statistics.

Workplace violence incidents are even higher in the hospital and healthcare industries.

The new inspection directive shows how OSHA inspectors are going to look at employers to see whether they have performed a workplace violence analysis.  These assessments follow the security risk assessment model and should take into account the threat level at the organization, the history of incidents and examination of trends, and whether ‘accepted’ controls have been implemented at the place of employment.

Some of the ‘accepted controls’ they will be examining include:

  • Having a recent workplace violence analysis
  • Having a formal workplace violence training program in place
  • Showing the employer had incident reports to identity possible threat levels
  • Methods the employer used to inform employees of the risk of workplace violence
  • Evidence the employer has a workplace violence prevention plan in place
  • Evidence the employer has a current security plan
  • There are also a set of recommended physical controls that include proper lighting, cameras, curved mirrors, etc.

For more information, or a copy of the document, email info@riskwatch.com.

Workplace Terror in Manchester, Connecticut

Yesterday a tragic story unfolded in Manchester,  Connecticut.   You probably already know that nine people were killed when an employee who was being fired, came back in with his hand gun,  started shooting and, after calling his mother, killed himself. 

This incident is part of a bigger and growing trend to more workplace violence incidents – not only in companies in general, but in hospitals to an even greater degree.  The Manchester incident also illustrates again some of the basic tenets of preventing workplace violence incidents. 

Patrick Fiel, Public Safety Advisor for ADT Security, commented, “The industry standard is to not  terminate employees in open areas where other individuals may be working.   Firings are always touchy situations and should be conducted in an isolated areas, even off-site, away from the work areas.”  

“Many companies have crisis plans in place, and also conduct security risk assessments annually  to prevent this kind of incident.   A comprehensive security assessment  might have saved nine lives by setting up procedures for the termination; and additionally, by making sure employees knew what to do when he did draw his gun.” 

I have been reviewing workplace violence incidents in healthcare and find that they have skyrocketed since the recession started.   Violence against supervisors, managers and also nurses and other healthcare workers has spiked significantly.

 It is surprising to read the following statement on the osha.gov web site:

There are currently no specific standards for workplace violence. However, this page highlights Federal Registers (rules, proposed rules, and notices) and standard interpretations (official letters of interpretation of the standards) related to workplace violence.

Section 5(a)(1) of the OSHA Act, often referred to as the General Duty Clause, requires employers to “furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees”. Section 5(a)(2) requires employers to “comply with occupational safety and health standards promulgated under this Act”.”

It might be time for OSHA to develop some workplace violence prevention standards.  Many of the ones we use in our risk assessments are related to standard security safeguards – such as having a written termination policy; making sure that if  worker at one location is fired, that all other locations are notified so he can’t just go to another office and cause an incident. 

Much of the statistical data we found on the OSHA website were at least six years out of date, which makes it harder to track current trends in workplace incidents, unless you catalog the media-reported events and run an analysis on them.  The U.S. Bureau of Labor Statistics reported  “Mass shootings receive a great deal of coverage in the media, as we saw with the Orlando, Fla. office shootings in November 2009 and in the shootings at the manufacturing plant in Albuquerque, N.M. in July 2010.  Out of 421 workplace shootings recorded in 2008 (8 percent of total fatal injuries),  99 (24 percent) occurred in retail trade.  Workplace shootings in manufacturing were less common, with 17 shootings reported in 2008.  Workplace shooting events account for only a small portion of nonfatal workplace injuries.” from http://www.bls.gov/iif/.

It makes me wonder if the workplace violence statistics from 2008 until now may be such a large increase, that has been either underreported or even held from publication!

According to a report by the National Institute for Occupational Safety and Health — “State of the Sector/Healthcare and Social Assistance” — published in 2009, health care workers are more than three times as likely as workers in other industries to be injured by acts of violence.

“Health care workers are at risk for verbal, psychological and physical violence,” the report says. “Violent acts occur during interactions with patients, family, visitors, coworkers and supervisors. “Working with volatile people or people under heightened stress, long wait times for service, understaffing, patients or visitors under the influence of drugs or alcohol, access to weapons, inadequate security, and poor environmen­tal design, are among the risk factors for violence,” the report continues.

In the current economic environment, the physical security (facility) risk assessment can be used as an important tool in making sure that basic industry standards for preventing workplace violence incidents; or limiting the damage they can do – especially for making sure the staff are protected from violent incidents by their co-workers.

The security assessment can be followed by the creation of specific, detailed crisis plans that make sure people know what to do when the unthinkable happens at work.  One of the reasons that workplace violence incidents are so upsetting to all of us is because the person KNEW the people he was killing.  He probably knew their spouses and met their children at a company picnic.  It makes the violence more personal and scary, a whole different thing than falling off a ladder.   And it reminds us all that it COULD happen here!