Page 47 - MetalForming November 2017

3D METAL PRINTING
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You and The Law
By Douglas B.M. Ehlke
When It Comes to Safety Efforts, More Is Best
Repeat or willful classifications, six-figure citations, and the lit- igation that often follows are all too common in manufacturing indus- tries. But there is an alternative for employers willing to work with the enforcing agencies. It’s the extra-steps alternative, effective when the Occu- pational Safety and Health Adminis- tration agency, employer, employees and their representatives come togeth- er to focus on best safety pratices, cor- porate-wide or industry-wide worksite safety improvements, and safety-pro- gram incentives to settle citation issue.
Some examples highlight the suc- cess of extra-steps alternatives. The first involved two willful classified cita- tions following a fatality, removed when the employer developed a mitigation plan to reduce or eliminate a potential workplace hazard. Included in the plan, a best-practices regiment that included defined work-area responsibilities, assigned work roles, commitment to educating the industry and setting up an industry task force for identifying and assessing specific, latent worksite- property conditions.
Another example saw an employer develop a best-practices safety manual, and make copies available for the
Doug Ehlke, a national board-certified civil trial lawyer, has for more than 30 years represented metalforming companies in OSHA litigation and in labor-union elections. His law practice emphasizes labor law, personal injury, product liability, probate, estate planning and envi-
ronmental and employment discrimination law.
Ehlke Law Offices
28840 11th Avenue South Federal Way, WA 98003-3705 tel. 253/839-5555
fax. 253/874-5475 dehlke@ehlkelawoffices.com
enforcing agency to use in the field. In return, the employer gained a major penalty reduction and reversal of two willful classifications. The enforcing agency provided the safety manuals to their inspected companies to help them better understand how to comply with general safety standards.
In another case, a wall-to-wall set of lockout-tagout (LO-TO) citations were resolved when alternative safety die-changing power-press procedures were accepted as equivalent to LO-TO protection in another citation settle- ment agreement.
Finally, one agency, in return for a major mega-penalty reduction, recog- nized and spelled out these extra steps:
• Hired an experienced safety pro- fessional whose job duties included reevaluating all training programs, reviewing and updating the employee handbook, and reviewing and enhanc- ing all LO-TO policies and procedures. The agency agreed to retain the safety professional for a minimum of three years.
• Revised its performance evalua- tions and compensation structure for addressing and evaluating adherence to safety rules and regulations on an annual basis.
• Developed and implemented bi- weekly leadership-team meetings with the owners, vice president and lead- ership team. The meetings address safety expectations, safety training, safety processes and procedures, and auditing of those programs.
• Conducted and documented reg- ular auditing of the facility to abate hazards identified in inspections, and to review and identify additional poten- tial hazards.
• Hired outside professional agen- cies to conduct additional safety training. MF
46 MetalForming/November 2017
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