It isn’t rocket science to start a risk assessment of your small business. Begin by examining the physical environment for your workers. Can objects fall on them from above? Are there equipment or materials that produce flying particles? Is there intense noise? Workers' Comp Prevention Pays Stressing safety at your small business can save you a bundle in workers' comp insurance --  and maybe save a life By Lawrence Bivins Learn More: Are you liable if a temporary worker is injured? Where to go for help

Above: Longistics, a large distribution center near RDU Airport, provides fall-prevention harnesses and steel-toed boots to its workers.  Photo by Roger Winstead

Hardy Dail can leave little to chance. That’s because managing a mammoth distribution center at the heart of Foreign Trade Zone 93 is something of an exact science. Clients expect precision inventory management. U.S. Customs officials, who can inspect the operation at a moment’s notice, have a low tolerance for rule-benders. In the post-9/11 world, airtight security must be maintained at all times at the site, which sits at the edge of Raleigh-Durham International Airport.

Then there’s the vital issue of keeping his 30-person workforce safe — and complying with regulations enforced by the Occupational Health & Safety Administration (OSHA). “Safety issues are the first things we discuss at our monthly meetings,” says Dail, executive vice president of Longistics, the Raleigh-based company that administers the FTZ.

While Longistics’ warehousing operations don’t face the hazards of many work environments — there are no noxious chemicals or rotating blades, for example — employees do operate forklifts, perform tasks at significant heights and run the risk of dropping weighty objects on their feet. Such is the nature of their work, and there is little that can be done to alter it.

That’s where the use of Personal Protective Equipment (PPE) becomes crucial. Longistics purchases fall-prevention harnesses and steel-toed boots for its warehouse workers, makes sure they know how to use them correctly and watches closely to make sure they do at all times. “We also have a full-time safety director who stays current on all OSHA matters,” Dail says.

The important lesson that Dail has learned is that small companies like his must adhere to the same OSHA regulations as the largest corporations do. Not knowing the rules isn’t a defense and can have disastrous consequences. Thankfully, government agencies and private-sector experts are available to assist owners of small businesses in sifting through the maze of regulations, sizing up the risks and initiating steps to keep employees safe.

“Before doing anything else, they need to first conduct a risk assessment,” explains Wayne Lehto, a workplace safety expert with Capital Associated Industries (CAI) in Raleigh. Legally, an employer cannot introduce PPE without first having in place a formal safety program, says Lehto, whose organization works with employers on a range of workplace issues.

Lehto says it isn’t rocket science to start a risk assessment of your small business. Begin by examining the physical environment for your workers. Can objects fall on them from above? Are there equipment or materials that produce flying particles? Is there intense noise? “Common sense definitely comes into play,” Lehto says.

After thoughtfully examining your place of business, you should review job procedures required of workers. Ask yourself questions like: Is exposure to hazardous situations absolutely necessary to their duties?

OSHA requires safety hazards to be eliminated or reduced through engineering or work practice measures prior to bringing in PPE. Special safety guards might be installed on equipment, for example, or employees themselves can be removed from hazardous equipment while it is in use, if possible. Once engineering and work practice solutions are exhausted, PPE can be deployed to further reduce risk of injury.

“PPE is the last line of defense against employee injuries,” says Kevin Beauregard of the N.C. Department of Labor. “With PPE you introduce the human element.” Such gear must not only be issued to employees, but they must also know how to deploy it properly and remember to use it. Thus, PPE is, on its own, rarely a foolproof answer to workplace hazards.


Know Your Specific Hazards

Depending on the protection needed, there are many forms of PPE and hundreds of products. OSHA publications, for example, list 11 basic types of eye-protection gear ranging from simple safety goggles to welding helmets. Each is designed to protect against specific dangers. Some hardhats are built to protect workers from falling objects; others may be designed to prevent electrical shock in cases where a worker comes into contact with high-voltage lines.

And there are instances where different workers on the same project will need different types of PPE depending on their specific duties. Say a crew installing telecommunications equipment on a utility pole is comprised of a technician aloft in an aerial lift and another working at ground level. Each would require a different type of hardhat. Hand protection offers another example. In a food service environment, one employee is assigned to dice vegetables while another works the stove. Each set of tasks calls for use of specifically designed gloves — one that protects against cuts, the other to insulate against burns. “There might be a thousand different types of gloves, each there to address a different hazard,” says Beauregard, reiterating the importance of a thorough assessment.

The unique needs and tastes of individual employees also enter the equation. Goggles can be made to fit comfortably over prescription eyewear, for example, or the goggles themselves can be customized with vision correcting lenses. Both solutions protect against foreign objects entering the eyes and meet OSHA standards. Determining which to deploy is thus a matter of what the employee finds more comfortable. “Just as no two operations are ever exactly alike, no two employees ever have the exact same situation,” Beauregard says.

At Longistics, the selection of steel-toed boots is left to the employee, assuming the product meets federal standards. “It all boils down to what our people are comfortable with and what works best for them,” says Hardy Dail. “As long as they’re approved by OSHA, I don’t care.”

What isn’t up to the employee to decide, at Longistics or any other company, is whether or not to wear the PPE. OSHA laws specify that PPE be worn at all times when a hazard is present, and worn properly. In North Carolina, “general industry” employers are responsible for purchasing and providing PPE to their workers. All employers also are ultimately held responsible for seeing that the equipment is used properly. “Simply buying it is not enough,” says Harper Heckman, an attorney with the Greensboro firm of Adams, Kleemeier, Hagan, Hannah & Fouts. “You need a system that spells out usage, and you should document it.”


Be Careful with Training

Some PPE will not be popular with employees, says Heckman, a specialist on the legal aspects of workplace safety. Some will seek ways to avoid using it. Effective training can address that challenge. Workers should thoroughly understand the hazards they face, as well as their potential consequences. Heckman and others stress that instruction on the proper use of PPE, as well as its limitations, is central to any safety program.

One mistake employers make is to hand workers the instruction manual that comes with PPE products and calling that “training.” The practice is insufficient for a number of reasons. For one, short of administering a test, there is no way to guarantee an employee has read the instructions. But the real concern lies in the diverse educational range of some workforces. “There are cases where an employee can’t read or can’t read the language the manual is printed in,” says CAI’s Lehto, who recommends face-to-face training or the use of instructional videotapes.

Language barriers, however, can exist orally or in written form. That’s why Kevin Beauregard recommends employers offer training in the language workers best understand. The Department of Labor, he says, now employs bilingual trainers and is in the process of translating its workplace safety literature into Spanish. When offering training in a foreign language, employers should take care that trainers themselves have a firm grasp of the safety issues at hand, Beauregard says. “Sometime trainers are selected strictly on the basis of their language skills, not their knowledge of PPE.”

Whatever the delivery mechanism for training, having a paper trail is vital. “If you’re going to offer a training class, you need documented proof that employees have completed it,” CAI’s Lehto says. “As far as OSHA is concerned, you could have a great PPE program, but if it’s not documented, it doesn’t exist,” according to Lehto.

Not that training, even when done well and documented, is any silver bullet with OSHA. While the agency makes no requirement that workers be tested on what, if anything, they gained from training, the law does mandate employers take action when they see evidence that a worker may need additional instruction. “You might have employees who don’t learn a thing,” Lehto says. Ongoing efforts must be made to ensure workers know the rules — and the importance the company places on following them.

Aim for redundancy, suggests Adams Kleemeier’s Heckman. “Put everything in the employee handbook, but don’t stop there,” he says. “Review safety issues at weekly meetings.” Document the discussion, as well as those in attendance. Invest an employee with the title and responsibility of safety manager, Heckman advises.


Worth the Expense

Providing PPE devices, which can range from simple plastic earplugs to sophisticated respirators, can represent a real cost to employers. The steel-tipped boots purchased by Longistics, for example, cost about $90 per pair. The company’s fall-prevention harnesses can run as much as $150. Quality training, sometime in two languages, can also come with a significant price tag.

Nor are there expenses one-time line-items. Many PPE products become worn down through normal use and must be replaced periodically. New, better-performing (and typically pricier) gear comes to market regularly, which conscientious employees often ask for. With it comes the need for more training.

But shunting aside a PPE program, using antiquated products or skimping on training are, in addition to being contrary to the law, unwise business moves. “You know the old cliché ‘an ounce of prevention is worth a pound of cure’?” offers Heckman. “It definitely applies to workplace safety.”

Even before tallying up the potential financial drain associated with excessive workers’ comp claims, employers must consider the disruption that results from even minor workplace mishaps. “There’s nothing that will ruin a successful project quicker than an injury or fatality,” says Heckman, whose clients include a number of construction firms. “Investing in safety is as important as investing in a good workforce,” he says.

Companies caught violating OSHA laws face penalties of as much as $70,000, according to Heckman. But that amount pales in comparison to the workers’ compensation premiums charged to those with poor safety records. Indirect costs are also worth thinking about: When a worker is injured or, in the worst case, killed, a replacement must be recruited and trained.

And it doesn’t end there, Heckman warns. “A lot of employers think they’re immune from civil action because they have worker’s compensation,” he says. “That’s not necessarily the case.” So-called Woodson Claims, where an injured worker alleges willful negligence by an employer, are now filed daily, according to Heckman. PPE costs are a bargain by comparison.

The Department of Labor’s consultative unit is among the range of free resources employers can tap into for assistance. “It’s one of the most under-utilized government services,” according to Heckman. He recommends companies check with their industry trade groups for advice on cost-effective PPE products and other affordable safety tips.


Drive Home the Message

Employers who sink the necessary investment in PPE and training aren’t off the hook yet. It remains their responsibility to make sure workers correctly wear the appropriate safety equipment at the appropriate times. Anything less than a consistent, visible commitment to the program may lead workers to conclude that PPE measures are optional. The sight management team not deploying its own safety gear is one quick way to send the wrong message to workers.

“If the foreman shows up without his PPE, it’s unlikely the workers will take the policy very seriously,” says the N.C. Department of Labor’s Beauregard. In fact, once a safety program is designed and training is completed, supervisory personnel hold the key to ultimate success or failure. “The front line people — the foreman, crew leaders, line managers — are critical in this process,” according to Beauregard. In addition to setting a good example, it is they who must make sure workers deploy safety gear properly.

When supervisors spot workers without required PPE, they must approach them immediately to discern the reason why, Beauregard suggests. Most programs utilize a graduated disciplinary system that includes written warnings, suspensions without pay and, ultimately, termination for a repeated offender.

Firing an employee for failing to follow safety guidelines sends an unmistakable signal to the rest of the workforce about the company’s seriousness on safety matters, experts agree. At Longistics, a safe workplace is important enough to warrant dismissal of a worker upon their first offense. “We have a zero-tolerance policy,” says Hardy Dail. In his tenure with the company, he has had to let two employees go under such circumstances, including one valued worker. “I really hated it, but we’re serious about safety here,” Dail says. “We issue our people one warning — the day they’re hired.”




Are You Liable If a Temporary Worker Is Injured?
As the economy strengthens, many firms turn to temporary staff agencies to help as new business comes in the door. Temp agencies, of which there are some 7,000 nationwide, offer employers staffing flexibility and take some of the recruiting and screening pressures off in-house human resource departments. But the use of temporary workers can lead to murky waters when it comes to workplace safety issues.

“When there’s no long-term commitment, there’s a tendency to shortchange the worker on training,” explains Jack Forshey, a standards supervisor at the N.C. Department of Labor’s Bureau of Education, Training and Technical Assistance. By design, temporary employees work for the agencies that place them. Temp firms, for example, are responsible for making sure workers are qualified to perform the work they’re being assigned, and agencies are the ones required to have workers’ compensation insurance. But that doesn’t free companies using temp workers of their workplace safety responsibilities, Forshey warns. “It’s still the employer’s workplace, and the assumption is that they have control over the worker.”

Should the worst happen, government investigators look at two key areas. They examine the qualifications and training of the temporary, Forshey says, which is the purview of the placement agency. Then they consider the level of direct supervision provided the person, for which the client company is presumed responsible.

Forshey suggests both parties look closely at the temporary’s qualifications for the work they’re doing. Some workers, desperate for assignments, will exaggerate their skills and experience. “They wind up putting themselves at risk,” he says. Consider a temporary worker operating a forklift. Because agency staffing clerks likely have minimal direct knowledge of forklift operation, they may be easily fooled by an unqualified applicant. It is wise for the client employer, i.e., the warehouse manager, to double-check whether or not the temp appears competent to operate the equipment. “It’s still your warehouse and your forklift and, ultimately, your responsibility,” Forshey says.

David Cline, owner of Cirrus Medical Staffing in Charlotte, says clear communications between temp agencies and the companies that use them can go far in reducing the risk of mishaps. The company places nursing and other allied health professions for three- to six- month assignments. Because medical professionals and hospitals must abide by an entirely separate set of regulatory responsibilities, there is less chance of workplace safety issues become a problem. “This is one of those rare instances when regulations actually help,” says Cline, a veteran of the temporary staffing world.

To protect themselves from risks, temp agencies should take care that their clients maintain good workplace safety programs. “When one of our recruiters makes a placement, we like to have seen the workplace,” says John Lassiter, president of Carolina Legal Staffing LLC, which has offices in Charlotte and Raleigh. His company, which places attorneys, legal assistants and administrative staff, doesn’t face the same concerns that a service specializing in industrial workers would. Still, it considers matters like parking lot safety and building security in assessing hazards to the workers it places. “Our clients tend to be large organizations with fairly aggressive workplace safety procedures and standards,” Lassiter says.

Temp agencies should see that they are properly insured, advises Lassiter, whose company hasn’t had a workers’ compensation claim in its nearly seven-year history. Smaller agencies may attempt to find cost savings in their insurance program. Others just starting out may simply overlook such details. -- Lawrence Bivins



Where to Go for Help

Government Publications
 “Assessing the Need for Personal Protective Equipment: A Guide for Small Business Employers” – OSHA, 2000 www.osha.gov/Publications/osha3151.pdf 
“A Guide to Personal Protective Equipment” – N.C. Department of Labor, 2001 www.nclabor.com/osha/etta/indguide/ig25.pdf 

Web Sites
American National Standards Institute, www.ansi.org 
Capital Associated Industries, www.capital.org 
Ergonomics Center of North Carolina, www.theergonomicscenter.com 
National Safety Council, www.nsc.org 
N.C. Department of Labor, www.nclabor.com 
Occupational Health and Safety Magazine Online, www.ohsonline.com 
U.S. Department of Labor – Occupational Health and Safety Administration, www.osha.gov

Return to magazine index