OSHA Issues Procedures for Handling Complaints Under Sarbanes-Oxley Act

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OSHA has issued a final rule that details procedures for handling whistleblower retaliation complaints filed under Section 806 of the Sarbanes-Oxley (SOX) Act. The SOX Act, passed in 2002, protects employees who report fraudulent activities and violations of Securities Exchange Commission rules that can harm investors in publicly traded companies.

Publicly-traded companies are strictly prohibited from retaliating against employees who report illegal or fraudulent conduct. According to OSHA Administrator David Michaels, this rule safeguards investors by protecting whistleblowers who report issues that may otherwise go uncorrected.

The agency enforces the whistleblower provisions of SOX and 21 other statutes protecting employees who report various workplace violations. Workers can learn more information on worker rights and protections and how to how to file a complaint on OSHA's Whistleblower Protection Programs Web page.

Learn more on OSHA’s website, visit www.osha.gov.

AAA Foundation Survey Again Finds Indifferent Attitude Toward Traffic Safety

For several years, AAA Foundation for Traffic Safety has been measuring the driving behavior and attitudes of American drivers to better understand and improve the nation's traffic safety culture. As part of this effort, the group publishes its Traffic Safety Culture Index each year, a report that shares the findings of its research in which participants are asked questions about highway dangers, acceptability of driving behaviors, support for laws and countermeasures, and frequency of engaging in risky behaviors.

As in the past, the 2014 index found an indifferent attitude toward road safety among U.S. drivers: what the organization terms a "do as I say, not as I do" attitude. For example:

• 84.4% of drivers say texting/emailing while driving is completely unacceptable, while 36.1% admit to reading one and 27.1% admit to typing one in the past month.
• 64.6% of drivers say speeding on residential streets is completely unacceptable, yet 43.5% have done it in the past month.
• 81.3% of drivers say drowsy driving is completely unacceptable, however, 29.4% have done it in the past month.

This year's report summarizes survey findings at the national level as well as results for 24 states covering 80% of the U.S. population.

Cal/OSHA Approves Revisions to Heat Illness Prevention Standard

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Cal/OSHA has approved revisions to the state's heat illness prevention standard despite objections from employer groups.

The revisions adopted last week aim to specify the requirements for provision of shade and water, as well as ramping up requirements under high-heat provisions and adding new language on emergency response procedures, acclimation and training.

Some specifics include:

• Water must be "fresh, pure, suitably cool" and located as close as practicable to where employees are working, with exceptions when employers can demonstrate infeasibility.
• Shade must be present at 80 °F, instead of the current 85 °F, and must accommodate all employees on recovery or rest periods, plus those on site who are taking meal breaks.
• Employees taking a "preventive cool-down rest" must be monitored for symptoms of heat illness, encouraged to remain in the shade and not ordered back to work until symptoms are gone. Employees with symptoms must be provided appropriate first aid or emergency response.
• Emergency response procedures must include effective communication, response to signs and symptoms of heat illness, and procedures for contacting emergency responders to help stricken workers.
• Acclimation procedures must include close observation of all employees during a heat wave—defined as at least 80 °F. New employees must be closely observed for their first 2 weeks on the job.

The board requested that the state Office of Administrative Law approve an accelerated effective date of May 1, rather than July 1, which is when the changes would go into effect under normal circumstances.

For additional information and resources, visit California's Heat Illness Prevention site.

MSHA Issues Contractor Fatality Alert

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Two contractor deaths early this year prompted MSHA to issue a fatality alert to the mining industry reminding operators to follow best practices for all employees, including:

• Establish safe work practices and monitor employees to ensure they are followed.
• Identify and control hazards, and protect all individuals.
• Inspect the area for hazards before starting work.
• Conduct pre-operational checks to identify defects.
• Use PPE.

Work Zone Safety Standard Updated

By Guest Blogger Travis Parsons

“Work zone safety is of the utmost importance to LIUNA [Laborers' International Union of North America] members and keeping laborers safe in highway work zones is a major part of our mission at the Laborers’ Health and Safety Fund of North America [LHSFNA],” says LIUNA General Secretary-Treasurer and LHSFNA Labor Co-Chair Armand Sabitoni. LIUNA members take part in more highway projects than any other trade, helping build and maintain infrastructure across the U.S. and Canada. Unfortunately, this also means that laborers make up a large percentage of the workers who are seriously injured or killed in highway work zones each year.

©istockphoto.com/Paulbr

Current national statistics show that approximately 100 workers die in highway construction each year, while many more are injured and exposed to harmful health hazards, including silica dust and lead. Because of these dangers, LHSFNA continues to lead initiatives to curb these trends and promote the safety of workers.

One of those initiatives began in 2008 when LHSFNA recognized a lack of adequate safety and health standards for the highway construction sector. The group's Occupational Safety and Health Division began spearheading efforts to update the standard in question which is followed by many contractors who frequently take on highway projects. In this case, the standard in question was ANSI/ASSE A10.47, Work Zone Safety for Highway Construction. Originally published in 2010, the updated version is scheduled to be published later this year. ASSE is secretariat of ANSI's A10 standards for construction and demolition operations.

ANSI standards are best practice guides for contractors who want to go above and beyond the minimum federal regulations. LHSFNA played a key role in ensuring that the procedures and precautions included in ANSI/ASSE A10.47 maximize the safety and health of workers in highway work zones. Highlights of the updated standard include:

• The standard now references the entire Manual on Uniform Traffic Control Devices, widely considered the gold standard of highway construction guides. 
• A section was added to discuss the hierarchy of controls, which is the foundation of successful occupational safety and health programs and hazard prevention. 
• The extensive section of roadway construction terminology was updated and expanded. 
• A section on emergency incidents was added which gives contractors guidance on what steps to follow when injuries or fatalities do occur. 
• The materials on road drop-off hazards and positive protection were expanded. Information on the proper setup and removal of traffic control devices (TCDs) and the use of law enforcement for speed reduction was revised as well. 
• The Flagger Safety section now includes escape routes, refresher training and clarification for Class 3 garments requirements. 
• The High Visibility Safety Apparel section is now in line with current regulations and requirements for tip over protective structures were added. Other improvements include additions to the Excavation Safety and Fall Prevention sections. 

Copies of the updated A10.47-2014 standard will soon be available from ASSE. On March 31, LHSFNA staff members will participate in an ASSE webinar on the revised A10.47 standard.

For further resources, visit the LHSFNA’s Work Zones hazards page. That page also contains a link to the ROADWAY SAFETY+ Road Construction Industry Consortium Program, an excellent resource to identify and prevent common hazards in highway work zones.

Reposted with permission of Laborers’ Health and Safety Fund of North America (LHSFNA). Originally published in the March 2015 issue (Vol. 11, No. 10) issue of Lifelines, LHSFNA's online magazine. Travis Parson is LHSFNA’s senior safety and health specialist.