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Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
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FEATURED NEWS
2024-05-15T05:00:00Z
NewsEnglishIndustry NewsSafety & HealthForklifts and Powered TrucksConstruction SafetyForklifts and Powered TrucksIn-Depth ArticleSpecialized EquipmentSafe Operation of PITsFocus AreaUSA
The unseen hazards of rough terrain forklifts
Don't let their appearance fool you. Rough terrain forklifts are incredibly powerful pieces of equipment… but they aren’t as indestructible as they look.
Rough terrain forklifts are indispensable tools on most construction job sites. They can navigate uneven ground, transport heavy materials, and facilitate movement in challenging environments.
They also come with hidden dangers that can jeopardize both safety and efficiency.
Some of the main hazards of rough terrain forklifts include:
- tipping due to uneven ground or improper load distribution,
- overloading beyond capacity leading to instability,
- collisions with obstacles or other machinery,
- and operator error due to inadequate training.
Tipping hazards
Forklift operators must understand the importance of safely balancing the load. While this is true for all forklifts, it becomes particularly critical when using rough terrain forklifts. That’s because uneven ground exacerbates the risk of tipping.
In the event of a tip-over, the potential for injury to operators and bystanders is high, and property damage can be extensive.
Tipping hazards can also come in the form of the load or material itself tipping from the forks and creating a falling objects hazard to nearby personnel.
For example, many rough terrain forklifts can spread the forks as wide as 4-6 feet. But operators will often leave them significantly closer together. If the operator tries to pick up a bundle of lumber that’s 12 feet long, and the forks are only 2 feet apart, the load is not as stable as it could be.
To mitigate tipping hazards, operators must carefully assess the weight and distribution of each load. This involves careful consideration of factors such as the load's center of gravity and its compatibility with the forklift's capacity.
Overloading beyond capacity
There is often a temptation with construction sites to “hurry along” and rush the process to ensure the job is completed on time. Operators may try to maximize efficiency by carrying large loads to shorten the number of trips from Point A to Point B.
But exceeding a forklift's load limit is a serious gamble with potentially devastating consequences.
In the context of rough terrain forklifts, this risk is further compounded by the dynamic nature of construction sites, where uneven ground and unpredictable conditions exist.
Overloading not only compromises the stability of the machine but also jeopardizes the safety of nearby personnel and bystanders. By adhering to prescribed load limits and exercising caution in load management, operators can help mitigate the risks of tipping, instability, and injuries from falling objects/loads/materials.
Collisions hazards
Collisions with obstacles or other machinery pose significant risks on construction sites. Blind spots and the busy nature of construction environments can cause forklift operators to collide with other moving equipment such as cranes, excavators, or dump trucks.
Bystanders are also exposed to collision and struck-by hazards, as there are often employees working in close proximity to rough terrain forklifts.
To overcome this hazard, operators must maintain situational awareness and employ safe operating practices. This includes keeping a safe distance from obstacles, using spotters when necessary, and adhering to designated traffic routes.
Inadequate training
Without comprehensive training, operators may lack the necessary skills and knowledge to safely maneuver rough terrain forklifts in challenging construction environments.
One significant difference between rough terrain forklifts and other forklifts designed for indoor use is their ability to traverse rugged terrain. Rough terrain forklifts feature larger, more robust tires and enhanced suspension systems to navigate uneven ground, slopes, and obstacles commonly found on construction sites.
However, operators may underestimate the impact of terrain on stability and inadvertently expose themselves to tipping hazards. They may also engage in riskier behavior if they feel safer and more secure in a larger, more robust piece of equipment.
Be sure to adequately train all operators to recognize hazards and avoid complacency.
Comprehensive training programs should cover not only the technical aspects of forklift operation but also emphasize hazard recognition, risk assessment, and safe work practices. Regular refresher training sessions can help reinforce these concepts and ensure that operators remain competent and confident in their abilities.
Key to remember: While they are certainly robust and indispensable pieces of equipment on a construction job site, rough terrain forklifts come with their own set of unseen hazards and challenges that should not be overlooked.
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RECENT INDUSTRY HIGHLIGHTS
2024-05-15T05:00:00Z
NewsIndustry NewsIndustry NewsHR GeneralistFamily and Medical Leave Act (FMLA)USAFamily and Medical Leave Act (FMLA)HR ManagementEnglishFocus AreaHuman Resources
Connecticut employers, get ready for more changes to employee leave laws
Employers with employees in Connecticut can look forward to more changes to the state’s leave laws.
On May 9, Governor Lamont enacted a law that revises the paid family leave and the unpaid family and medical leave provisions.
He is also expected to sign a bill enacting changes to the state’s paid sick leave. As of this writing he has not yet signed it.
Changes to paid family leave and unpaid family and medical leave coming soon
Effective October 1, 2024, the law adds victims of sexual assault or abuse to those entitled to take paid family leave.
Employees can receive income from both the paid leave and from the victim compensation program administered by the state’s Office of Victim Services, provided the total pay does not exceed 100 percent of the employee’s pay.
Employers paying wages to employees must:
- Register with the Paid Family and Medical Leave Insurance Authority (PFMLI), and
- Submit required reports in a form and manner the PFMLI prescribes.
The change will also expand the state’s unpaid family and medical leave to include victims of sexual assault.
Employers can expect paid sick leave changes, too
Under another bill delivered to the governor, the state paid sick leave will cover more employers as follows:
- January 1, 2025 – Employers with 25 or more employees in the state
- January 1, 2026 – Employers with 11 or more employees in the state
- January 1, 2027 – Employers with one or more employees in the state
Currently only service workers may take paid sick leave. Beginning January 1,2025, all employees will be entitled to the leave, with limited exceptions for “seasonal employees.”
Instead of accruing one hour of paid sick leave for every 40 hours worked, employees will accrue one hour for every 30 hours worked.
What will the new paid sick leave cover?
Employees may use paid sick leave after being employed for 120 calendar days. They may take the leave for:
- Their own or a family member’s illness, injury, or health condition;
- Their own or a family member’s medical diagnosis, care, or treatment;
- Their own or a family member’s preventive medical care for mental or physical health;
- The employee’s own mental health wellness day;
- Closure due to a public health emergency, of either an employer’s place of business or a family member’s school or place of care;
- Situations where an employee or employee’s family member poses a risk to others due to exposure to a communicable illness, and
- Situations where an employee or employee’s family member is a victim of family violence or sexual assault.
Key to remember: Employers in Connecticut need to be prepared for leave law changes beginning October 1, 2024, and more changes beginning January 1, 2025.
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2024-05-15T05:00:00Z
NewsIn-Depth ArticleUSAEnglishHeat StressIndustry NewsHeat and Cold ExposureSafety & HealthInjury and Illness RecordkeepingConstruction SafetyGeneral Industry SafetyGeneral Duty ClauseAgriculture SafetyMaritime SafetyGeneral Duty ClauseFocus AreaInjury and Illness Recordkeeping
OSHA emboldened to issue heat proposal in 2024
When pressed at a recent House hearing about the status of an Outdoor/Indoor Heat rulemaking, Acting Labor Secretary Julie Su told the Committee on Education & the Workforce that OSHA expects to put out a proposal “later this year.” Meanwhile, the agency will “continue to do the enforcement to make sure that workers are healthy and safe on the job.”
Her firm words on May 1 align with a presentation OSHA head Doug Parker made last week, when he gave a status report to the National Advisory Committee on Occupational Safety & Health (NACOSH). Parker noted that his agency is working expeditiously to complete a Heat proposal. At the same time, he warned that OSHA is not waiting for a rule to enforce heat hazards. The agency has conducted more than 5,000 heat-related inspections since April 2022.
Timing of the proposal
The “end-of-year” publication date helps put a pin on this year’s calendar. Yet, it’s unclear whether Acting Secretary Su meant end of fiscal or calendar year 2024. (The fiscal year ends on September 30, 2024.) We’re watching for the OSHA Spring 2024 agenda in the weeks ahead to shed more light on the tentative date of the proposal.
In response to a status question from House member Suzanne Bonamici (D-OR), Su explained: “Heat has become an occupational hazard ... So we are working on what would be the first nationwide standard for heat (indoor and outdoor heat) ... We are in the midst of that work now. We are engaging with the small businesses ... and we expect to put out a notice rule also later this year.”
Bonamici asked if there was any chance anything would be issued before the heat comes this summer. Su smiled and explained that rulemaking takes time because: “We do have to be thoughtful. We have to engage with all the stakeholders ... There’s a lot of ... pieces to making sure that a rule is ... consistent with our authority and is going to have the impact that we want it to have.”
What will be in the proposal?
The content of the proposed rule is not public. However, based on materials OSHA provided last fall to a small business panel, we know the agency is considering the following regulatory elements:
- Scope,
- Heat injury and illness prevention program,
- Hazard identification and assessment,
- Hazard prevention and control measures,
- Medical treatment and heat-related emergency response,
- Worker training,
- Recordkeeping, and
- Communication on multi-employer worksites.
What about enforcement?
The National Emphasis Program (NEP) for outdoor and Indoor heat-related hazards runs through early April 2025, unless canceled or extended by a superseding directive. While OSHA indicates there have been over 5,000 inspections under the NEP, we could only find 72 hits in a search of the “General Duty Clause” (GDC) violations for the word “heat” since the launch of the program in April 2022. Of course, citations under the NEP may also include those for:
- OSHA injury and illness recordkeeping and reporting standards under 29 CFR 1904;
- OSHA sanitation standards under 29 CFR 1910.141, 29 CFR 1915.88, 29 CFR 1917.127, 29 CFR 1918.95, 29 CFR 1926.51, and 29 CFR 1928.110; and
- OSHA construction programs and training standards at 29 CFR 1926.20 and 1926.21.
A closer look at GDC violations for heat
The GDC is section 5(a)(1) of the Occupational Safety and Health Act, which states, “Each employer shall 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.”
GDC citations for heat generally allege that:
- The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to workers;
- Workers were not protected from the hazard of high heat while performing their job duties; and
- Such exposures are likely to lead to the development of serious heat-related illnesses such as, but not limited to, heat cramps, heat stress, heat exhaustion, and heat stroke.
A GDC citation may also provide:
- A description of the work activity witnessed by the inspector,
- Ambient conditions like the wet bulb globe temperature range,
- The clothing type worn by workers,
- Any heat-related illness suffered by a worker,
- Whether a worker died of a heat-related illness, and
- A feasible and acceptable method(s) of abatement.
Citation amounts vary with some reaching up to the maximum $16,131 for a serious, non-repeat, non-willful violation. However, total penalties for an inspection can be more if OSHA finds violations of the related regulations listed earlier or other regulations.
Key to remember
Ranking officials say OSHA is working diligently in hopes of publishing a proposed Heat rule later this year.
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2024-05-14T05:00:00Z
NewsIndustry NewsSafety & HealthConstruction SafetyIn-Depth ArticleInjury and Illness Recording CriteriaGeneral Industry SafetyUSAEnglishFocus AreaInjury and Illness Recordkeeping
Can aches and pains become recordable on the OSHA 300 Log?
OSHA defines an injury or illness as an “abnormal condition or disorder” like a cut, fracture, sprain, or rash. If an employee experiences soreness or stiffness after a long day, is that an “abnormal condition” for the 300 Log?
To address this question, OSHA noted that the term “injury” applies to recordable cases that (among other things) result in medical treatment, restrictions, or days away. If those outcomes don’t occur, then the question is moot because the employer would not have to record the case.
For related information, see our article Can I get a second opinion? I want to delete an OSHA recordable.
Muscle soreness
An employer asked whether muscle soreness from performing new work activities would be an abnormal condition. OSHA replied that the term “injury” was intended to capture cases that “reflect an adverse change in the employee’s condition that is of some significance.” Normal fatigue or aches are not significant changes that rise to the level of abnormal conditions.
OSHA does warn that an abnormal condition may exist even if diagnostic testing does not show anything unusual. For instance, an employee experiencing sharp pain, tingling, numbness, or similar symptoms may have an abnormal condition. However, OSHA also noted that employers need only record injuries (not symptoms) on the 300 Log. Even if work-related muscle soreness suggests an abnormal condition, it would become recordable only if it requires days away, restrictions, medical treatment, etc.
Employers should therefore focus more on whether such a case meets the recording criteria. If a work-related condition results in medical treatment (such as prescription medication), or if a health care professional recommends work restrictions, the case would be recordable.
Medical treatment
One challenge is that a health care professional’s recommendation for a prescription medication counts as medical treatment even if the employee never fills the prescription. If an employee is a bit more sore than usual after work and visits a doctor who gives a prescription for 800 mg of ibuprofen, the case would become recordable.
However, going to a hospital doesn’t automatically make a case recordable. OSHA defines medical treatment as “management and care of a patient to combat disease or disorder.” Diagnostic procedures like x-rays, MRIs, or CT scans do not make a case recordable. Those procedures only help determine if an abnormal condition exists.
Preventative restrictions
What if the employee is sore and visits a doctor, but does not need medical treatment or restrictions? If the doctor says the employee can perform all job duties, the employer may assign restrictions to prevent a more serious condition from developing, without recording the case. Specifically, OSHA said that a case is not recordable if:
- The employee experiences minor musculoskeletal discomfort, and
- A health care professional determines that the employee is fully able to perform all routine job functions, and
- The employer assigns a work restriction to that employee for the purpose of preventing a more serious condition from developing.
Normally, if an employer imposes restrictions, the case becomes recordable, so this exception applies only when all three conditions are met. However, it lets employers allow an employee to “take it easy” for a while without recording the case on the 300 Log.
Key to remember: Normal fatigue or muscle soreness is not an abnormal condition or injury, according to OSHA. However, if the employee requires medical treatment or restrictions, the condition would be recordable.
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2024-05-14T05:00:00Z
EPA Final Rule: Greenhouse Gas Reporting Rule: Revisions and Confidentiality Determinations for Petroleum and Natural Gas Systems
The Environmental Protection Agency (EPA) is amending requirements that apply to the petroleum and natural gas systems source category of the Greenhouse Gas Reporting Rule to ensure that reporting is based on empirical data, accurately reflects total methane emissions and waste emissions from applicable facilities, and allows owners and operators of applicable facilities to submit empirical emissions data that appropriately demonstrate the extent to which a charge is owed under the Waste Emissions Charge. The EPA is also amending certain requirements that apply to the general provisions, general stationary fuel combustion, and petroleum and natural gas systems source categories of the Greenhouse Gas Reporting Rule to improve calculation, monitoring, and reporting of greenhouse gas data for petroleum and natural gas systems facilities. This action also establishes and amends confidentiality determinations for the reporting of certain data elements to be added or substantially revised in these amendments.
DATES: This rule is effective January 1, 2025, except for §98.233 (amendatory instruction 12), §98.236 (amendatory instruction 16), and §98.238 (amendatory instruction 19) which are effective July 15, 2024. Published in the Federal Register May 14, 2024, page 42062.
View final rule.
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2024-05-14T05:00:00Z
NewsIndustry NewsIn-Depth ArticleHR GeneralistFamily and Medical Leave Act (FMLA)USAFamily and Medical Leave Act (FMLA)HR ManagementEnglishFocus AreaHuman Resources
Who are those FMLA family members?
The other day, someone told me they thought employees could take leave under the federal Family and Medical Leave Act (FMLA) for any family member, and even for individuals with whom employees identify as someone they have a family-like relationship. This is not true.
How the FMLA defines family members
Under the FMLA, eligible employees may take leave to care for a:
- Spouse,
- Parent, or
- Child.
The FMLA defines each of those terms. Employers and employees, however, might be surprised to see how narrowly defined these family relationships are.
Spouse: A husband or wife (sex notwithstanding) refers to the other person with whom an individual entered into a “legal” marriage, as defined by state law. This is based on the state or country in which the marriage was entered into. If the marriage is valid in the place where the couple married, it’s a legal marriage. This includes common law marriages.
Spouse does not, however, include domestic partners.
Parent: A parent is a biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the employee when the employee was a child as defined below. This term does not include parents “in law.”
Child: A child is a biological, adopted, foster child, stepchild, legal ward, or a child of a person standing in loco parentis, who is either under age 18, or age 18 or older and “incapable of self-care because of a mental or physical disability” at the time that FMLA leave is to commence.
Other relationships such as siblings, uncles, aunts, grandparents, grandchildren, or domestic partners are not specifically included under the FMLA. Even if an employee has power of attorney for an individual, that doesn’t create the required family relationship.
State laws have broader definitions
Many state leave laws define family members much more broadly. They include domestic partners, siblings, grandparents, or grandchildren. Some state leave laws even allow an employee to select a "designated person," who is often defined as any individual related by blood or whose association with the employee is the equivalent of a family relationship.
States with leave laws that include designated individuals include states like (not a complete list):
- Arizona
- California
- Colorado
- Connecticut
- District of Columbia
- New Jersey
- New Mexico
- Oregon
- Washington
Key to remember: Employees may not take federal FMLA leave for family members beyond a spouse, parent, or child. State laws, however, are often more generous with their definition of a family member.
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Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.