Safety performance history inquiry turns 20

The importance of CPR and early defibrillation

For every minute a patient is in cardiac arrest, their chances of survival decrease dramatically. When a patient doesn’t have a pulse and isn’t breathing, CPR should be performed until an AED is available. It’s important to note that CPR alone does not restart the heart. CPR is an oxygen circulation procedure. AEDs, on the other hand, are meant for lifesaving intervention.

CPR and early defibrillation are vital components of the emergency medical services (EMS) chain of survival that increases the odds of cardiac patient survival. However, according to the American Heart Association (AHA), even the best CPR can’t provide enough circulation of oxygen to the brain and heart for more than a few minutes. In fact, a patient whose brain is deprived of oxygen for 10 minutes or more seldom recovers.

Signs and symptoms of cardiac compromise

Just like a reliable vehicle, the circulatory system is the human body’s blood transportation system, and the heart is the engine. Amazingly, the heart generates its own electrical impulses, pumping in a regular, rhythmic manner. As with any engine, the heart requires a certain amount of pressure to function and doesn’t work well when clogged with grease or debris. The most common causes of sudden cardiac arrest include a heart attack, electrocution, and asphyxiation — all of which could occur in the workplace. Common signs and symptoms include:

• Chest pain accompanied by a crushing or squeezing sensation,
• Pain that radiates to the jaw or arm,
• Irregular pulse and/or abnormal blood pressure,
• Shortness of breath,
• Cool and sweaty skin,
• Nausea and vomiting, and
• Anxiety or feeling of impending doom.

CPR provides the pressure for the body’s “engine” to oxygen circulating, while an AED provides the electrical impulses to keep the engine pumping.

OSHA requirements regarding CPR

OSHA 1910.151 requires first aid treatment be provided in the absence of an infirmary, clinic, or hospital in near proximity to the workplace used to treat injured employees. This may include assisting a victim of cardiac arrest using CPR or defibrillation.

OSHA requirements for CPR and defibrillation differ considerably. Standards requiring CPR include:

• 1910.146 Permit-required Confined Spaces
• 1910.266 Appendix B: Logging Operations – First Aid and CPR Training
• 1910.269 Electric Power Generation, Transmission, and Distribution
• 1910.410 Qualifications of Dive Team and
• 1926.950 Construction Subpart V, Power Transmission and Distribution

OSHA recommends basic adult CPR refresher training and retesting every year, and first aid training at least once every three years. CPR training include facilitated discussion along with ’hands-on’ skills training that uses mannequins and partner practice.

OSHA requirements regarding AEDs — you might need a prescription

Though OSHA recognizes AEDs as important lifesaving technology that plays a role in treating cardiac arrest, the agency doesn’t currently require their use in the workplace. Instead, OSHA wants employers to assess their own requirements for AEDs as part of their first aid response.

AEDs are considered Class III medical devices which means the Food and Drug Administration (FDA) has some oversight on their use. Almost all AEDs require the purchaser to obtain a prescription from a physician under FDA regulations. The prescription process is meant as a quality control mechanism to ensure AEDs are properly maintained, that all designated responders are properly trained, and assist employers with establishing an emergency response plan for their workplace AED program.

The AHA requires AED operators to also receive CPR training as an “integral part of providing lifesaving aid to people suffering sudden cardiac arrest.” Though easy to use, each AED is slightly different, so training helps users understand the unique traits and supplies for the individual units at their workplace. Additionally, AED users must be trained to understand the signs of a sudden cardiac arrest, when to activate the EMS system, and how to perform CPR.

AEDs are light, portable, easy to use, and inexpensive. They’re best placed near high-hazard areas such as confined spaces, near electrical energy, or in remote work areas. Response time to reach AEDs should be kept within 3–5-minutes.

Training requirements

Many states require or encourage CPR and AED training from nationally recognized organizations. Any AED training should include CPR training. OSHA doesn’t offer first aid or CPR training, nor certify trainers. Training by a nationally recognized organization, such as AHA, the American Red Cross, or National Safety Council is recommended.

Keys to Remember

While OSHA doesn’t currently require the use of AEDs in the workplace, they do expect employers to assess their own AED requirements as part of their first aid response. AED training is required by most states and should include CPR with a hands-on practical component.

‘Go when you have time’

Scenario: Samantha was selected for a random DOT drug and alcohol test. Her supervisor informed her about the test at the beginning of her shift. She was told she had two hours to show up for her appointment at a clinic that’s 15 minutes away.

Notification error: Drivers don’t have a “window of time” to show up for random tests. The regulations require that drivers immediately proceed to the collection site once they’re notified of a random drug or alcohol test. Giving drivers a cushion (other than travel time) is considered advance notice. In fact, this type of heads-up could:

• Provide a driver with enough time to come up with a substituted urine sample or consume a drug-masking substance.
• Keep a driver from engaging in prohibited behavior (e.g., drug or alcohol use) that they would have otherwise.
• Allow enough time for alcohol to metabolize in the driver’s body.

Drivers CANNOT be given an hour or two to show up at the collection site, and they can’t wait until later or at the end of their shift when it’s more convenient.

Alcohol tests and SSFs

Scenario: Phil is a warehouse employee who occasionally fills in as a driver. He’s in the random pool and was selected for alcohol testing.

Today, Phil is scheduled to work solely in the warehouse operating a forklift. The safety manager approaches Phil and instructs him to go for a DOT alcohol test. Phil goes for testing and blows 0.00% BAC, indicating he was not impaired. All’s good, right? Not quite.

Notification error: Since alcohol is a legal substance, prohibited use is timed around performing safety-sensitive functions (SSFs). A random alcohol test can only be requested right before, during, or right after performing SSFs.

If a driver is working in another capacity at the motor carrier (e.g., working in the warehouse) with no expectation of operating a CDL vehicle, they’re not performing SSFs. The motor carrier is unable to arrange DOT alcohol testing during this shift. The notification must wait until the driver is scheduled to operate or is in readiness to operate a vehicle requiring a CDL.

In this case, the safety manager caught a break — the test was negative. Had Phil’s test result been at least 0.04% BAC, the error would have resulted in a DOT testing violation. The carrier’s designated employer representative (DER) would decide whether to report the failed test to the Clearinghouse or work to cancel the test due to the error.

‘I never received a text’

Scenario: Robert, the company’s DER, received the quarterly list of randomly selected drivers. Randy was selected for drug testing, and Robert knows Randy should be available for testing shortly. Randy just dropped off his load and is on his way back to the terminal, which is about an hour’s drive. Robert texts Randy with instructions to immediately proceed to ABC Clinic which is close to the drop off. Randy doesn’t respond to the text.

The clinic calls Robert stating that Randy never showed up. An hour later, Randy shows up at the motor carrier and is clocking out for the day. Robert asks Randy, “Why didn’t you go for your random drug test? I texted you!” Randy states, “I never got a text.”

Best practice: The regulations don’t restrict the use of electronic notifications. However, in this scenario, Robert is in a difficult position. Does he consider this a refusal to test or take Randy’s word? As DER, he must decide.

Use of text, voicemail, or email isn’t the best choice for remote notifications of random testing. A documented phone call where you speak with the driver backs up any claims of refusal to test.

Notification tips

Your random drug and/or alcohol notifications may require planning. You don’t want to set your driver up for failure or to create a motor carrier violation through improper procedures.

Avoid messy situations:

• Instruct front-line managers on the regulatory basics.
• Prevent scheduling conflicts (e.g., childcare, personal appointments):
  • Don’t notify drivers at the end of their shift if the test may extend into the driver’s free time;
  • Check the driver’s time-off requests (e.g., doctor’s appointment, leaving early for the day, etc.); and
  • Avoid an off-duty notification policy.
• Remind drivers during notification to immediately proceed to the clinic, so there is never a doubt.
• Use the company policy to ensure:
  • Drivers know what “immediate” means, and
  • The DER knows what constitutes a refusal to test.

Key to remember: The element of surprise for random tests helps uncover CDL drivers’ drug use or alcohol misuse. But your timing of these random tests should be far from random.

What do your drivers need?

The equipment requirements can vary slightly based on the type of vehicle, what it is hauling, and where it is operating. As a result, it can be confusing to find and understand minimum requirements. As a best practice, making sure the following emergency equipment is in your vehicles is a great start:

• Three bi-directional emergency reflective triangles;,
• Six flares capable of burning for 30 minutes or three liquid-burning flares that contain enough fuel to burn continuously for at least 60 minutes,
• A fire extinguisher,
• A first aid kit,
• A spare tire and jack,
• A flashlight and batteries, and
• Jumper cables.

Carriers that haul certain types of dangerous goods in Canada must also carry fire extinguishers in accordance with the Transportation of Dangerous Goods Regulations, so be sure to check these regulations for specific details.

It is highly recommended that you check with the jurisdiction where you operate your commercial motor vehicle for the specific requirements and regulations that apply to you.

When to take the necessary action

Whenever any commercial motor vehicle or trailer is disabled, stalled, broken down, or in a collision, the driver should quickly and calmly take the necessary actions to safeguard the vehicle and other motorists.

Having the vehicle equipped with the above-listed items will ensure that the driver can respond to the emergency efficiently and effectively. This is especially important on busy or high-speed roads. Ensure you also teach your drivers how to use the equipment. For example, if the truck breaks down – ensure they know where to put the emergency triangles, they know how to use the fire extinguisher properly and they have instructions on how to use jumper cables correctly.

It is recommended to use emergency warning devices for all emergencies, whether they occur during the day or night, or on-road or off the road, to ensure everyone’s safety.

What about south of the border?

Those of you that operate in the United States must meet U.S. regulations for emergency equipment in your vehicles. The minimum requirements can be found in section 393.95 of the Federal Motor Carrier Safety Regulations, which requires:

• A fire extinguisher (there are different types for whether the vehicle is carrying dangerous goods or not),
• Spare fuses, and
• Warning devices to use when stopped on a highway.

Other considerations

Ensure your commercial vehicles carry additional emergency equipment to protect the driver, other workers, and any passengers. For example, extra food and water should be carried along with weather-appropriate clothing to protect the driver in the event the vehicle breaks down and the driver is stranded until help can arrive. And, as always, make sure drivers have tire chains easily accessible. If they get hit by a sudden snowstorm, then they will be prepared. In fact, carrying tire chains is a requirement in some jurisdictions.

Dealing with on-road emergencies is no fun for drivers. Don’t make it more difficult for them in an already stressful situation. Be sure to properly equip your trucks with emergency-related safety equipment and ensure drivers know how to use the equipment.

If you don’t have the proper emergency equipment in your truck, it can result in a fine or penalty. Commercial motor vehicles and their drivers must meet strict safety standards and follow all commercial vehicle-related regulations. Police and transportation enforcement officers regularly inspect vehicles, and the penalties for not having the proper safety equipment can be severe.

Key to remember: Before your drivers get in your trucks and hit the road, make sure you’ve equipped them with all the essential emergency safety gear. Safety is the first priority, especially on the road.

Regulatory requirements

The Federal Motor Carrier Safety Administration (FMCSA) regulations are clear: If a driver’s license or medical certification indicates corrective lenses are required, the driver must be wearing them. Failure to do so results in an immediate out-of-service order and a citation. This rule applies even if the driver underwent vision correction surgery but neglected to update their license and medical certification.

Corrective vision surgery options have expanded significantly over the past 25 years, allowing many drivers to meet vision standards without glasses or contacts. However, compliance doesn’t end with surgery. Drivers must take a vision test at their state motor vehicle department to remove the corrective lenses restriction from their license and schedule an exam with a certified medical examiner to update their medical certification. Without these updates, drivers remain legally obligated to wear corrective lenses—even if they no longer need them.

The bottom line for vision requirements

Vision requirements are not just bureaucratic details; they are safety standards designed to protect drivers and the public. Ignoring them can lead to costly downtime, citations, and potential liability.

Ultimately, it’s important to understand that drivers who undergo vision correction must promptly update all documentation to avoid being sidelined.

To-do before October 1

Get ready for renewal by taking the following steps now:

• File all your highway use tax returns that are due.
• Pay your taxes. The state will not issue a new certificate of registration if you owe back taxes. Before you apply to renew, make sure that you’ve paid all taxes due under any of the programs administered by the New York State Tax Department, including:
  • HUT,
  • personal income tax,
  • International Fuel Tax Agreement (IFTA),
  • sales tax, and
  • withholding tax.
• Create an online account if you do not already have one and you want to renew your credentials and pay online (https://www.oscar.ny.gov/).
• Make sure your vehicle registration information is correct and accurate. Review and update your information as soon as possible. Incorrect information will delay the processing of your certificates and decals.

Beginning October 1

Once the renewal period opens, renew your credentials and pay your renewal fees online with One Stop Credentialing and Registration (OSCAR).

Submit your renewal application by November 30, 2024, to make sure you receive your decals in time to place them on your vehicles before January 1, 2025.

If you are already enrolled in OSCAR, use your current OSCAR password to renew online.

If you are not enrolled, visit OSCAR, and select Enroll Now. You must have a United States Department of Transportation (USDOT) number and an employer identification number (EIN).

To renew your registration:

1. Visit the OSCAR website and select HUT Renewal from the Business Type drop-down.
2. Enter your information in the USDOT#, NYS Tax ID#, and Password fields, then select Log in.
3. If you have 300 or fewer vehicles, choose either:
   1. Renew all HUT/AFC Certificates of Registration to renew all your active current series permits, or
   2. Select HUT/AFC Certificates of Registration to renew specific permits.
4. If you have more than 300 vehicles, choose either:
   1. Renew all to renew all your active current series permits, or
   2. File renewal to renew select permits.

If you are unable to renew electronically, you may file Form TMT-1.2, Renewal Application for Highway Use Tax (HUT) and Automotive Fuel Carrier (AFC) Certificates of Registrations and Decals – 25th Series.

Key to remember: Take steps now to renew your NY HUT and ensure you receive your new decals before the current ones expire.

The basics of logging exemptions

To be able to use this logging exemption in 395.1(e)(1), the driver must:

• Stay within 150 air-miles of the work reporting location for the day (draw a 150 air-mile radius circle around the work reporting location for the day — the driver must stay within this circle),
• Be back to — and released from — the work reporting location for his/her 8- or 10-hour break within 14 hours, and
• Include the starting and ending times for the day and the total hours on duty on the time record for the day.

The company must retain the time record and have it available for inspection for six months.

What if the driver goes too far or works too many hours?

If the driver cannot meet the terms of the exemption (he or she goes too far or works too many hours), the driver must complete a regular driver’s log for the day as soon as the exemption no longer applies.

If the driver has had to complete a log 8 or fewer days out of the last 30 days, the driver can use a paper log for the day. If the driver had to complete a log more than 8 days out of the last 30 days, the driver needs to use an electronic log for the day (unless one of the ELD exemptions applies, such as operating a vehicle older than model year 2000).

30-minute break exemption

When a property-carrying driver is operating under the 150 air-mile exemption, the driver is also exempt from having to take the required 30-minute break (see 395.3(a)(3)(ii)).

If the driver began the day as a 150 air-mile driver and has driven more than 8 consecutive hours without a break, and something unexpected happens and the driver can no longer use the 150 air-mile exemption, the driver must stop and immediately take the 30-minute break as well as start logging. If the driver went outside of the 150 air-mile area before the driver had 8 hours of driving without a break from driving, the driver would be expected to take the break at the appropriate time.

Common myths

Here are some of the common myths and misunderstandings about the 150 air-mile exemption:

• The driver must have the time records in the vehicle. Myth. The driver simply needs to explain to an officer during a roadside inspection that he/she does not have logs due to operating under the 150 air-mile exemption and that the required time records are back at the carrier’s office (just telling the officer, “I don’t have any logs” will lead to a violation, so the driver needs to know to provide the full explanation).
• The driver must log the previous seven days if he/she had been using this exemption and suddenly can’t. Myth. If the driver cannot use the exemption on one particular day, that is the only day the driver must use a regular log (either paper or electronic).
• Passenger-carrying drivers and drivers hauling hazardous materials cannot use this exemption. Myth. There are no restrictions on the use of this exemption, so any commercial driver can use it.
• A driver that crosses state lines cannot use this exemption. Myth. As this exemption appears in the Federal Motor Carrier Administration (FMCSA) regulations, it can be used by interstate drivers.
• Only drivers that operate out of a “company terminal” can use the 150 air-mile exemption. Myth. As long as the driver makes it back to the work reporting location for the day within the appropriate number of hours, the driver can use the exemption.
• Drivers that move from one jobsite to another every few weeks cannot use this exemption. Myth. If a driver that normally uses this exemption switches work reporting locations, the day the driver switches work reporting locations is the only day the driver cannot use the exemption.
• Drivers covered by this exemption are also exempt from the driver qualification (licensing and medical cards), driving, and vehicle inspection requirements. Myth. The only rules the driver is exempt from are the logging requirement in 395.8 and the 30-minute break requirement in 395.3.
• The driver cannot drive more than 150 miles for the day. Myth. The driver can drive as many miles as he/she wants to or needs to, as long as the driver stays within the 150 air-mile radius circle and gets back to the work reporting location within the appropriate number of hours.
• If a 150 air-mile driver gets into a vehicle with an ELD, the driver must use it. Myth. The carrier can have the driver log in and have the driver entered into the system as an “exempt driver,” or the carrier can request that the driver not log into the device and then attach a comment to the unassigned driving time generated by the driver’s movements. The comment would need to explain that the driver using the vehicle was a 150 air-mile driver who submitted a time record. It is up to the carrier to decide which option to use. If stopped for a roadside inspection, the driver will need to be able to explain to the inspector that he/she is an exempt driver using the 150 air-mile exemption, so using the electronic log is not required.

What’s different with the ‘150 air-mile non-CDL property-carrying drivers’

The 150 air-mile exemption at 395.1(e)(2) only applies to drivers that: Operate property-carrying vehicles that do not require a CDL to operate, and Stay within the 150 air-miles of their work reporting location.

If the driver stays within the 150 air-mile radius of the work reporting location, and returns to the work reporting location within 14 hours on 5 of the last 7 days, and 16 hours on 2 of the last seven days, the driver is allowed to use a time record in place of a log.

If the driver does not meet the terms of the exception, the driver will need to complete a log for the day. If the driver had to log more than 8 days out of the last 30 days, the driver will need to use an electronic log for the day. All of the other issues discussed above would apply to these drivers as well.

Managing the use

If you have drivers that use these exemptions, you will need to check time records to make sure they are complying with the appropriate time limits. You will also need to check movement records to verify that the drivers using these exemptions are staying within the mandated area (within 150 air-miles of the work reporting location for the day).

If a driver is over the hours limit, or has gone too far, you need to verify that the submitted a log for the day, either paper or electronic, depending on how many days the driver had to log out of the previous 30 days.

Verifying compliance is important

During an audit, if it is discovered that your drivers are using these exemptions incorrectly, you will be cited for not having drivers’ logs when required. Each day this occurred will be another violation, so the fine could be rather large if you are not managing the use of these exemptions!

Prohibiting methadone raises issues

Methadone is an opioid and can be abused, but it can also be used as a treatment for opioid addiction. A drug policy that fails to take those differences into account, and always treats methadone use the same way, opens the door to a disability discrimination claim.

The issue with the company’s policy was brought to light when a job applicant applied for a laborer position and the hiring manager asked him about medications he was taking. The applicant said he was taking methadone, and the hiring manager said the company would not hire him due to its policy prohibiting employment of people who took the drug.

The applicant then checked with the company’s head of HR who confirmed that this was the company’s policy.

No methadone = disability discrimination

The EEOC charged the company with violating federal law because a policy of barring applicants who used methadone violates the Americans with Disabilities Act (ADA).

Employers covered by the ADA cannot impose unlawful barriers to a job for people with disabilities, the agency noted, and this includes workers with records of opioid addiction who are taking methadone or other medication as part of their recovery.

In addition, the timing of the employer’s question about methadone use was problematic. The applicant was at the stage of applying for a job and had not yet been offered a position.

Before a job offer is made, the ADA does not allow employers to ask job applicants for information that may reveal the existence, nature, or severity of a disability. This includes questions about medication.

Even after a job offer is extended, a question like this must be carefully considered. Employers cannot have a job qualification standard that tends to screen out workers with disabilities (such as requiring applicants not to use methadone) unless it is job-related for the position and is also consistent with business necessity.

Treating methadone use the right way

When applicants ask about a job, questions about medications such as methadone should not be part of the conversation. The ADA prohibits employers from asking about prescription medications until after an offer of employment is made. While it’s fine to ask about medications or give a drug test after offering an applicant a job, it’s also risky at that stage to have a policy of turning an applicant away because of methadone use or a positive drug test for methadone.

Instead, the employer should give the applicant an opportunity to provide information about lawful medication use. An employer never needs to accommodate the illegal use of drugs, but an employee taking a lawfully prescribed medication should not be automatically disqualified from a job.

If there are concerns that the employee’s legal opioid use or treatment for opioid addiction would interfere with safe and effective job performance, an employer should consider whether there is a reasonable accommodation that resolves the concerns. The employee can check with their healthcare provider for risks the medication poses in light of job duties, and the employee and employer can discuss possible accommodations.

Moving too quickly to dismiss an employee using prescription medication, and skipping this step, risks a discrimination claim.

Key to remember: An employee legally using prescribed medication, including methadone, has ADA protections. Employers should not automatically disqualify an applicant because of methadone use.

6 steps

The interactive process has 6 general steps, but these steps can be more or less formal, depending on the situation.

1. Recognize an accommodation request: Employees don’t have to use any special words or complete any particular forms when asking for an accommodation. They simply need to ask for a workplace change because of a medical condition, either mental or physical.
2. Gather information: If the condition isn’t obvious and/or employers don’t already have enough information, employers may ask for reasonable documentation of the employee’s limitation and need for the change.
3. Explore accommodation options: Look at the employee’s limitations in relation to the job’s essential functions, identify any barriers between them, and find a solution that breaks down or eliminates the barriers. The employee might have ideas, and employers should consider them. This is the crux of the process.
4. Choose an accommodation: Employers may choose from effective options. They don’t necessarily need to give employees the requested accommodation. Leave, even beyond the 12 weeks of FMLA leave, can be a reasonable accommodation.
5. Implement the chosen accommodation: Put the accommodation in place. This may require getting new equipment and training on it, modifying employees’ work schedules, adjusting relevant policies, informing the appropriate personnel, coordinating services, reassigning the employee as needed, and offering support as required.
6. Monitor the accommodation: Watch for changes in performance or needs, check in regularly with open communication, and return to the interactive process if needed to explore alternative accommodation solutions and help ensure accommodations remain effective and appropriate over time.

Employers should not delay this process. Whether it takes 15 minutes or 5 days, employers should document it to help maintain consistency, demonstrate good-faith efforts, and ensure continuity when roles, needs, or personnel change. It also helps protect both the employer and employee by creating a transparent, verifiable record of the accommodation process.

Key to remember: To comply with the ADA, employers should follow 6 basic steps when employees ask for a workplace change because of a medical condition.

What happened?

An operator was overseeing a batch operation in a vessel (called a kettle) at a resin plant. While he left the room briefly, the kettle agitator unexpectedly shut down. He returned shortly but did not realize the agitator was off. Soon, the employee pushed a button to begin cooling the kettle contents. Normally, the agitator would be running, but it remained stopped.

A half hour later, the operator began adding a flammable solvent into the kettle to further cool the contents. Once the solvent was added, he waited. Meanwhile, the solvent and the hot resin did not mix, leaving the resin settled at the bottom and the solvent floating on top. After another half hour, the operator noticed that the contents were much hotter than expected. He investigated and noticed the agitator was not spinning. Immediately, he turned the agitator on.

With the agitator on, the solvent began to vaporize, increasing the pressure inside the kettle in seconds. When the pressure reached 9 pounds per square inch gauge (psig), a mixture of hot resin and flammable solvent vapor began spewing out through the seal of the manway at the top of the kettle.

The operator had trouble seeing and breathing. Closing his eyes, he tried to find the emergency-stop button but failed. He then evacuated the kettle room 20 seconds later and escaped the plant only 30 seconds before the vapor reached an ignition source and triggered an explosion. The explosion ignited flammable materials, causing a large fire.

Some employees evacuated by running through flames. Eight were transported to area hospitals with injuries like burns and fractures. One required a leg amputation. Firefighters found one employee fatally injured by thermal injuries and inhalation of products of combustion.

Safety issues

CSB’s investigation report identified numerous safety issues:

• Lack of mechanical integrity of the new manway installed on the kettle three months before the incident. The kettle was known to potentially build pressure up to 15 psig, but the plant only leak checked it up to 4 psig. In other words, it did not adequately pressure test equipment after alterations.
• No interlocks installed or configured to prevent the addition of solvent when the agitator was off.
• Not equipping computer panel indicators with alarms to communicate the agitator status.
• Poor emergency preparedness. Some gas monitors detected the release and sent an email to an offsite employee but did not sound an audible alarm to notify onsite employees of the need to evacuate. Employees were also not trained to recognize and respond to the presence of a flammable vapor cloud and its associated hazards. (An employee approached the release to investigate instead of evacuating.)
• Lack of flame-resistant personal protective equipment (PPE). Some resin plant operators were allowed to wear cotton short-sleeved shirts while working in proximity to flammable materials. (Proper PPE may have reduced or prevented the burn injuries, CSB argues.)

Cause

CSB determined the cause of the fatal explosion and fire was the release of flammable solvent through the seal of the closed manway that was not properly designed, constructed, or pressure tested to a design pressure appropriate for the process. The absence of engineering controls, but also inadequate emergency preparedness and a lack of flame-resistant uniforms, were contributing factors.

Lessons for the chemical industry

A lot of facilities deal with flammable and other hazardous chemicals. CSB urges facilities to consider these key lessons:

• Ensure equipment can safely operate within the safe operating limits.
• After equipment alterations, assure quality for normal as well as abnormal conditions.
• Consider both mechanical and chemical risks when designing equipment.
• Use the hierarchy of controls and prevention-through-design principles.
• Install lower explosive limit (LEL) detectors that trigger automatic shutdowns of process equipment with audible and visible alarms, if the facility handles flammable materials.
• Train employees in what actions to take when alarms are activated.
• Know the hazard characteristics (e.g., dense vapor cloud formation) of the chemicals present.
• Train employees in how to identify and react to hazardous situations.
• Provide employees with PPE that is protective against the hazards they may encounter in an emergency.

Key to remember

CSB issued a video highlighting the key safety issues of a real-life incident. The video urges the chemical industry to learn from it.

Slips, trips, and falls

Slips and trips can lead to falls, but the reason for either occurrence differs. Slips happen when there is a lack of friction between your feet and the surface you’re walking on, while trips occur when your foot hits an object and throws you off balance. Falls occur whenever you move too far off your center of balance. Falls from an elevated position present the greatest chance for injury or death, but same-level falls can also lead to serious injuries.

Slip hazards include:

• Water, ice, snow, grease, or any wet product on smooth floors;
• Dust, powders, or other dry products on smooth walking surfaces;
• Freshly waxed or highly polished surfaces;
• Muddy terrain; and
• Soles that are wet, muddy, or greasy.

Trip hazards include:

• Uncovered hoses, cables, wires, or cords across walking surfaces;
• Obstacles or clutter on walking surfaces;
• Unmarked steps or ramps;
• Rumpled carpets of mats; and
• Speed bumps and curb drops.

Additionally, other factors can contribute to slips, trips, and falls, including walking while distracted, fatigue, poor vision, and poor lighting. Ensure you perform a thorough hazard assessment. Don’t overlook the less-than-obvious hazards such as wet work surfaces or morning dew that workers may need to address before going to work.

OSHA’s Walking-working surfaces regulations

General industry requirements can be found under 1910 Subpart D, Walking-working surfaces. The regulations cover all walking and work surfaces, including floors, aisles, stairs, and ladders to name a few. Under OSHA’s Walking-working surfaces regulations, employers must ensure:

• All places of employment, passageways, storerooms, service rooms, and walking-working surfaces are kept in a clean, dry, orderly, and sanitary condition;
• Walking-working surfaces are kept free of hazards such as sharp or protruding objects, loose boards, corrosion, leaks, spills, snow, and ice;
• Each walking-working surface can support the maximum intended load;
• Employees use the appropriate means of access and egress to and from walking-working surfaces;
• Walking-working surfaces are inspected regularly and maintained in a safe condition;
• Hazardous conditions are corrected or repaired before employees use the walking-working surfaces again; and
• A qualified person performs or supervises the correction or repair of any hazardous condition involving the structural integrity of the walking-working surface.

Slip, trip, and fall prevention measures

To mitigate slip, trip, and fall hazards, employers should provide:

• Handrails;
• Slip-resistant surfaces;
• Adequate lighting;
• Markings to indicate the edges of steps or elevation changes; and
• Training to workers that enables them to recognize slip, trip, and fall hazards.

Workers can also help prevent slip, trip, and fall accidents by:

• Wearing proper footwear;
• Applying safe work practices;
• Practicing good housekeeping (keeping walkways free of clutter); and
• Making note of slip or trip hazards.

When was the last time you checked your workers’ footwear? You may be surprised by what you find. Worn soles increase the risk of slipping over walking-working surfaces.

Key to remember

Employers should use guidance from OSHA’s Walking-working surfaces regulations to ensure workers’ protection from slip, trip, and fall hazards.

Choosing a NAICS code

OSHA does not assign NAICS codes. Employers know their operations best and must select the most applicable code. For example, suppose a company engages in both plastics manufacturing and chemical manufacturing. The plastics division has the most employees, but the chemical division generates the most revenue. Which NAICS code should the company use? The company could use either, but might consider the electronic filing obligations.

Plastics manufacturers must file the 300A, 300 Log, and 301 Forms if the establishment has 100 or more employees. However, chemical manufacturers file only the 300A regardless of employee count. This company might choose the NAICS code for chemical manufacturing since that generates the most revenue and would only have to file the 300A.

One location, two establishments?

Normally, a single physical location counts as one “establishment” for injury recordkeeping. In rare cases, a single location with more than one business operation might be divided into more than one establishment. If this happens, each establishment (operation) would maintain a separate 300 Log and could even have different electronic reporting obligations.

The previous example of a chemical and plastics manufacturer probably doesn’t qualify as two separate establishments. OSHA offers an example where two separate business establishments operate from the same physical address. The agency noted, “if an employer operates a construction company at the same location as a lumber yard, the employer may consider each business to be a separate establishment.”

According to the regulation at 1904.46, an employer might consider two or more separate businesses that share a single location to be separate establishments only when:

• Each of the establishments represents a distinctly separate business;
• Each business is engaged in a different economic activity;
• No single NAICS code applies to the joint activities; and
• Separate reports are routinely prepared for each establishment on the number of employees, their wages and salaries, sales or receipts, and other business information.

If these criteria do not apply, the employer must choose one NAICS code for the entire operation.

Employer Identification Number (EIN)

When preparing for electronic submission of injury records, employers also need to include their Employer Identification Number, or EIN. This is a tax identification number for a company, similar to a Social Security Number, but for a business.

Some locations might have more than one EIN. That does not automatically mean the location constitutes two or more “establishments” for OSHA recordkeeping and reporting. However, if each operation meets the criteria for separate businesses, the employer might maintain separate 300 Logs (and potentially have different e-reporting obligations) for each business operation.

Key to remember: If more than one NAICS could apply, the employer chooses which code to use for electronic filing of injury data. Though unusual, a single location might be divided into separate business operations and treated as two establishments.

What causes electrical accidents?

Electrical accidents are caused by one or more of the following:

• Unsafe equipment and/or installation.
• Unsafe workplaces caused by environmental factors.
• Unsafe work practices.

An accident such as high-voltage shocks can cause serious injury or even death.

How can it hurt me?

The effects of an electrical shock on the body can range from a tingle to immediate cardiac arrest.

Electrical currents travel in closed circuits through conducting material. Workers can receive a shock when a part of their body comes into contact with the following:

• Both wires of an electrical circuit.
• One wire of an energized circuit and the ground.
• Part of a machine that is ’hot’ because it is contacting an energized wire and the ground.

Severe shock can cause more damage than can be seen by the naked eye.

Safety 101

Workers must:

• Always make sure equipment is de-energized.
• Maintain electrical equipment.
• Regularly inspect tools, cords, grounds, and accessories. Have damaged equipment taken out of service immediately.
• Always use safety features like three-pronged plugs, double-insulated tools, and safety switches.
• Make sure that all machine guards are in place.
• Keep electrical cables and cords clean and free from kinks. Never carry equipment by the cord.
• Avoid touching water, damp surfaces, ungrounded metal, or any bare wires if you are not protected. Wear approved rubber gloves when working with live wires or ungrounded surfaces. Rubber-soled shoes or boots should be worn when working on damp or wet surfaces.
• Avoid wearing jewelry or metal objects when working with electricity.
• Keep the required safe distance from energized parts.

If workers are working where there are electrical hazards, employers must provide them with the appropriate PPE. Ensure that the equipment remains de-energized during service and maintenance activities by using lockout/tagout procedures.

Key to remember

Ensure that workers are familiar with the safety procedures for the job they are assigned to do. They should always use good judgment and common sense when working around electricity.

Propping open fire doors is a common violation

Each year, the National Fire Protection Agency (NFPA) reminds employers not to prop open fire doors for convenience. Propping open doors has become a common violation of fire codes after the pandemic because workers didn’t want to become exposed to germs on common touchpoints.

I know firsthand this is an issue at construction jobsites and remember telling workers not to prop open fire doors in our clients’ facilities. Workers were doing this out of convenience because they carried things into and out of the existing facility. Propping open a fire door, or wedging it open, are serious fire and safety hazards. Keep fire doors closed to prevent smoke and fire from spreading into the fire evacuation route, like a stairwell. OSHA and NFPA don’t prohibit propping open a fire exit door but caution employers against doing this for safety and security reasons.

Fire doors must remain closed, although some may be designed to automatically close when fire and smoke are sensed by jobsite fire detection equipment. To reduce the need to disinfect frequently touched points, workers can push open fire doors using their sleeves by pushing against the push bar instead of using their hands. You can also increase housekeeping efforts and the frequency that doorknobs, handles, and push bars are cleaned throughout the shift.