Safety Wars
Safety Wars Live 10-3-2022
October 4, 2022
Today on Safety Wars Live we are talking about the Clean Water Act and the Scotus docket, the recent CDC report on improving their organization, and the Top 10 most frequently cited workplace safety standards for FY 2022 For all of your consulting and training needs give us a call at 845-269-5772 or drop us an email at Jim@safetywars.com. WE NOW HAVE A LIVE SHOW EVERY Weekday NIGHT AT 8 TO 9 PM EST ON SAFETYFM.COM www.safetywars.com www.jcptechnical.com
[00:00:00] :  this This this show is brought to you by safety FM. Warning. The following broadcast contains adult language, adult content, frank safety discussions and stories that might sound unbelievable. But believe me, every one of those stories is true. We didn't start the safety war, but we're going to fight to win it for our families, for our communities, for our workplaces and for our live. Uh, there was a article today was all over the uh, mainstream media all over the weekend on some uh comments that Vice President Harris had said what happened was she was being interviewed by someone not important who it was. And they started to talk about multiple things about climate change, about this, about that and everything else. And there was as it got reported by some outlets that she said that we would that there would be equity into taken into account when dispersing natural disaster relief that had been interpreted by some people. I know this is a little bit swampy here, right? We're going into the swamp that this meant that her supporters and things like that would get uh, and disadvantaged communities, we get special treatment. That's not exactly I listen is that's not exactly how I interpret this. And I'm now, and everyone I think knows that I don't agree with the administration, a lot of things. So we got to be fair here that basically the lower income communities and other at risk communities were impacted just as much as everybody else. All right there, impacted just as everybody else. So their capacity to respond to an emergency may not be the same as everybody else may not be equally, They may not be able to equally respond. They don't have the capacity often because they don't have the finances. It's easy for you to start saying, well, hey, we got no a million, You know, when you have a million dollars in the bank and you have a modest home. Well, guess what? You have some capacity to respond to that emergency. What if you have nothing, you don't have money in the bank. You don't have anything now. You have to respond to the emergency. That's a little bit rough here. That's gonna be a little bit rough for you. Just the way it is. And those are the folks that need a lot of help. That obviously they're gonna probably gonna get a lot of them to help first. I know that's controversial me saying that, but let's not make an issue out of things that are not an issue. I think every, what I think is admirable is that both sides of the aisle here are working together to respond to this emergency down in florida. I hope everybody out there is able to respond. I hope they're able to be reunited with their loved ones. They're able to have a little bit of resilience here and everything else that goes along with responding to the, to the disaster. I mean, this is not going to be an easy one to get over there estimating. Uh, I've heard some estimates over $300 billion for this. So in other news, nothing was issued by OSHA today on or over the weekend. Uh New from what we covered on friday, usually they released stories a couple of times a week. But what what happened today? The Supreme Court got back into that, the U. S. Supreme Court got back into session and there's already controversy out there on this stuff. So uh this is right there going to be, there's gonna be a lot of controversial cases, at least five of them. What safety related here is clean the Clean Water Act. The court is being asked to discard an earlier ruling and loosen the regulation of property under the nations. Nations chief law to combat water pollution and that is surface water pollution. And that is the clean Water Act. Essentially what the clean Water Act does is it regulates surface these charges among other things to uh water. And the purpose of the clean Water Act is to make all waters in the United States fishable and swimmable. And what what's the point of all of this stuff to make it official and swimmable would be to uh you know originally back when this was enacted back in the early 70s, what they wanted to do was uh a lot of waters were not swimmable taken from someone who swam in the art to kill river in the late 1970s between New York and New Jersey, A lot of stuff was unregulated, there was a lot of sewage being dumped into water. Some rivers like the, oh, I believe it was the Ohio River in the 70s were actually literally on fire. So the Clean Water Act was passed and first it was enforced primarily on uh, sewage treatment plants and then into effluent discharges and then eventually, and it was in the law, but it was never really enforced. And I think that's what the, uh, what pista lot of people off here is that now there was provision in there to go against smaller people, like farmers, homeowners and specifically. What what had happened was the Idaho couple wanted to build a house on property near lake without getting implemented under the Clean Water Act. And the outcome constrained, right? And depending on the outcome is what it's going to be. What often is the case with here is that this is a taking this thing where if you have property and the government says you're not allowed to do something. Now it's taking this clause. So this is going to probably settle at least for now who owns the property, who's in control of the property because of your own property, but someone else is in control of it. Do you really own it? That's usually where these cases and what the thinking is on these. My opinion. I haven't looked at the case close enough to really give a specific comment, but there has to be a little bit of give, I think on both sides here with that. I know uh with us there, you know something that's equitable, where if they're going to be taking land and restricting the access to land, then perhaps they need to maybe give them a break through them, a couple of bucks, a little bit of mula, maybe have them build somewhere else. Something has to give here because you cannot continue with this constant conflict and the United States here, it's not good for anyone involved. So the Centers for Disease Control last over the summer and this got past me, was that a little bit? And this is before we were doing a live show, they had issued a report in august dr rochelle walensky on overhauling the agency with what with what basically needs to happen now, nobody was really happy with the response of what was going on. I think Dr Richard Fessler said it, the best a lot of the scientists at the CDC, really good at doing science and a lot of the responders are really good at doing response, but that doesn't mean that are good at explaining it in ways that would be useful for the general public. So this is a problem that we have safety professionals, get we have to know our audience, we have to know our audience. So for example, if I'm going to be teaching a safety class to a bunch of phds and that's happened already, I have to approach it. Like their phds really simple. If I'm teaching a safety class to a bunch of folks that are salt of the earth, they're not educated, really nice people really want to work safe. But you know, they may not have graduated high school, may not have graduated even the eighth grade. Uh What have you? I end up having to I end up I'm sorry we had a little problem with the website there, that wasn't us, That was the website. Uh The no so you have to train to level of people that you have. So I'm not going to be using those S. A. T. Words for somebody who never graduated eighth grade or maybe who might have a slight learning disability, they're still entitled to have safe workplaces, they're still entitled to work safely. They're still entitled and they have the right to use safe workplaces and for training. So you have to approach it from that point of view. And I think that's what what happens here. Uh And he goes on to say uh here Professor, right, that doesn't mean that's potentially a problem. And then dr Mario Ramirez who is uh worked in the Obama administration said the real challenge that faces the C. D. C. Is that it is extremely difficult to communicate complex scientific issues at a speed that is so fast and faster than the twittersphere. The margin of error is so small. If you make a mistake on public health it takes a very long time to regain the public trust C. D. C. And there was other issues in here. But basically as I see it there's a communication problem. I went back in the Over back in 2020 I had released a whole series of videos on uh- Facebook addressing the mask issues and what the appropriate respiratory protection was. So this is what happened you have uh before the pandemic. If I was going to be faced with a deadly pathogen, pardon me, a deadly pathogen what would I recommend? I'd always recommend a rated respirator. I wouldn't say I wouldn't recommend depending on what it was in the situation. Anything less than a p 100 of full face respirator. Or you know if you're dealing with incidental issues maybe a half face respirator, P 100 and an operating theater. You have an additional rating on the rest readers. So you have an A. S. T. M. Rating for liquids. Okay that's what I would be rating. What did the CDC go out and say the C. D. C. Went out and said well you can wear a cloth mask and people would come in with these imitation uh respirators and the invitation dust masks uh invitation this invitation that and guess what would happen? You would have a situation where you have a situation where you have people with all of this, you know, crazy stuff on. And you know, now, if if you're a workplace, let's take it there. And if you have a deadly pathogen, you're saying we're a little paper mask. I think OSHA would probably have something to say. And whoever your credential, then whoever you're credentialing organization would have something to say about that. Okay, the next thing is this communication and people always laugh about this when I said it because I I used to say a little bit tongue in cheek. But this is getting a little bit more serious. So, I'm giving led training under 1926.62 or 1910. And I believe it's 10, The general industry standard. I and what happens? You get this? Everyone's asleep in class, right? And it's tough keeping people awake for that training, Right? And then what happens? You start to go through the effects of what LED are on the body. And you say, well, I have now you can get heart disease increased risk, uh, you can get possible birth defects, no response flu like symptoms. Yeah, seven year half, like in the in the blood. Okay, uh, Warfarin levels accelerated. And you run through all the litany, you know, lethargy and all the other some then what do you get to? It can cause impotence, everybody their ears go up. It can cause impotence. You can have sexual dysfunction, right? And what happens and all of a sudden everybody goes, oh yeah oh no. First it starts off like this first, hold on first it starts off like this, you know and they're laughing and they're and they're laughing and what what what ends when it ends up happening. Then you're like yeah seriously? So let's talk about Covid. I don't think that especially with the men that They uh communicated this. So here we have an article here I'm looking at from National Geographic Uh men may be six times more likely to develop brief or long term erectile dysfunction after contracting the virus. That's from September 22, 2021. Here's another one from a journal. I'm not exactly sure which one, but in the author is Q. Zhang right? Uh from there talking about uh in Turkey, same thing, sexually sexual desire and frequency of intercourse is impacted. Then you're looking into another one, right? And this one was cited by 21 different sources. Same thing. And then you have long covid symptoms may include hair loss and sexual dysfunction on this one article. Hair loss, ejaculation difficulties at a lower sex drive. All this stuff now is going on now, do you think that that would probably been an important thing to communicate to the work. At least you're gonna get most men who are viral, not viral, who are viral are going to uh be able to you are going to be able to uh relate to that. Maybe their partners might be able to relate to that. That's probably something that needs. I'm gonna tell you sex sells, You could go what they should have done and now we're looking in hindsight and we have hindsight bias here. No back 2020 What they could have done was we're gonna take a half an hour out, we're gonna get somebody like a certified safety professional, like a certified industrial hygienist. Like someone of the other 198 other credentials related to safety out there to try to explain risk to the general public. Alright. We have 19 people, 18, 19 people here on safety FM that communicate risk all the time. They could have gone to us and now you know what we're gonna go and we're going to communicate risk and a cogent, authoritative manner and that's what you know, that's how you handle it. Doctor dot Todd Conklin, who's on our network says when faced with a crisis like this. What do you have three things? This is what we know, this is what we don't know. This is what we're trying to find out. This is what we're gonna do about it. Three things real simple. And your own communications with your own workforce on hazards or work. It could be workforce could be community. What have you. This is the other thing that you could do, you could do the same exact thing. Alright with with that. So we're gonna take a little brief uh, commercial break here and we will be back in a jiffy here in the professional safety community communication and planning are just a few keys to your program success. The question many practitioners have is, where do I start? Dr J Allen, the creator of the safety FM platform and host of the Ray? Our safety show has built a global foundation to help you along the way. Go to safety FM dot com and listen to some of the industry's best and most involved professionals, including Blaine Hoffman with the safety pro sam Goodman with the hop nerd Sheldon Primus with the safety consultant Jim proposal with safety wars Emily, L Rod with unapologetically bold and many others. As India individuals, we can do great things, but as a team we become amazing dial into safety FM dot com today and surround yourself with a powerful force of knowledge and support is your safety training old stale and Hackney is your safety trainer. Still preaching a warped version of behavior based safety. How about safety training that actually addresses your hazards in your workplace is, and it's not standardized bologna from 25 years ago. Contact the safety Ward's team at safety words dot com or call jim postal at 845 to 69577. To remember if you're receiving this message, you are the solution to unsafe workplaces safety wars are streaming now. Safety F M dot com. Okay, I'm back again. We're gonna go into some financial news today. This is the end of the day on for monday october 3rd. So here in the United States, all the markets are pretty much closed except for uh, the european and the Far East markets are open. So uh, here we go. Dow jones industrial closed at 29 for 90 up to 2.6%. NASDAQ at 10,008, 15 up two and a quarter percent. S and P 500 is up uh two and 2.6%. Almost closing at 36 7 80 for us. Treasuries are up 3.6% today. Gold is trading at 17 09 silver 21 14, platinum 9 27 IV and palladium at 22 58 50. Bitcoin is up slightly in 19 6. So 4.37 crude oil is at 83.36 a barrel. And the euro is at training at uh $1 to €1.2. And the pound is for $1 for £1.13. So that's your financial info for today. We're going to go right into our main story here. And a couple of weeks ago there was a, bring it up here. Uh, a convention for lack of a better word in SAN Diego for the National Safety Council. And one thing that comes up when the National Safety Council, uh usually first week of october last week of september, middle september whenever they released it because october 1st is the beginning of the fiscal year as fiscal with an f not physical physical anyway, They uh, they come out with the 10 top 10 most frequently cited workplace standards for the previous year. So this is for a physical year 2022. And like our commercial had said About Bologna from 25 years ago, I'm still seeing some safety professionals using statistics for 25 years ago when everything is pretty much updated. Uh, some things are a couple of years behind because of the pandemic and for example, accident and fatalities, they tend to lag behind for a whole host of reasons you figure. Well, hey, if a person is dead, the man is dead. Well now, what's the debate? Well now it's or if someone gets hurt, they get hurt. That were okay. Well guess what they have to compile, right. If you remember injuries are reported on a calendar year and companies going, they report things the next year. Now it's electronic for under certain circumstances and it takes time for these things to get into the system. The other thing is, is that things may be getting litigated right. There may be litigation, there may be other things involved where hey, was that injury, a workplace injury or was it not? So there's lag time. So, Uh, right now it's 2022, right? Beginning of fiscal year, 2023. Some of the statistics still didn't have to come out for 2021. Haven't been updated. 20 right, definitely not 2022. So these things lag behind, but one of the things that do not lag behind our decided workplace safety standards, but these numbers to may be resolved because as we all know, if you're a safety consultant, this stuff tends to get contested, litigated, uh, negotiated all of the above, right, goes into this. And I'm not claiming that there's any type of, uh, you know, any type of, you know, ominous, negative things or you can't trust people. And that's not what I'm claiming. I'm just claiming that some of this stuff may be lagging and has to be solved. So I'm gonna go through these 10 items and we'll see where we go on here. I'll comment on each one of them purse. Number 10. Machine guarding 1910 to 12 1910.2 12, 1370 violations. Citations. Remember these are citations when OSHA shows up, what's going on out there? When OSHA is not around. That's, you know, it's no, it's a nightmare. So, machine guarding, uh, 1910 to 21 212. That's usually where you have an older piece of machinery and someone loses the guards or the guards are removed because uh, it's perceived that it's harder to operate the machine with guards, they may be missing, employees don't even know in some cases that there are guards. So for example, table saws and uh right, normally they're not on any of my projects that I'm on a table saw. So we're on I'm with another auditor and he says, hey jimmy, you know that uh table saw their their guard on there. And I said you know, I really don't know too much about tables. So let me and let me go and look no guarding on there. So we have these things called Q. R. Codes that are on on on a lot of new equipment. And what you do is you take your phone and you scan the QR code and it takes to the instruction manual and I was able to get the instruction manual right in the field on that table. So I'm sure sure enough there was missing several guards, right? So if you're a safety professional and you're not a carpenter like me, I'm no, I came up through the environmental field. I'm not a carpenter and scientific investigations. Acts investigated all that stuff and trainer, not familiar, but guess what? I learned something that had guards and we went and resolve the issue. Now another reason guards. Uh I had family members that worked a family member that worked at a printing uh facility. If you worked for com lux coatings and company has been absorbed by Sherwin Williams. Often those guards had plexiglass or real glass of yours on there. What happens they become over the years, they become uh cloudy, they become uh deep last the size, they're not clear, they're become clear. Then then you go to opaque guys what you can't see what you're doing. So what do they do? Hey, You know, uh, they take them off so they can see what they're doing, right? That's where the incentive is. The incentive isn't working safe, especially 25 years ago. The incentive is uh, the incentive is uh, getting the job done, that's where your focus is. So the guards may not be used. Another one is with grinders, Table grinders where the table grinder uh the rest right? When you have the rest has to be within 1/8 of an inch of the table of the uh uh grinding wheel, That grinding wheel gets worn down, That rest never gets adjusted. And now you're dealing with a nip point, it's another one. Uh could be a lot of different things. Personal number nine PPE personal protective equipment and this is in construction 1926.1 oh 2 1401 violations or citations as eye and face protection. So what are you going to see with eye and face protection basically. People wearing the not wearing it was a lot of these wearing the improper ones. So what are, what do I see? Obviously you see people not wearing uh I protection for whatever reason and what it doesn't have to be, it has to be AnSI Z 87 approved american National Standards Institute Z 87 approved. So you get people not wearing that face shields. Face shields are more often because of welding. So they don't have the correct welding phase field. So let's say that for. So it depends on what what you're doing if you're gonna be oxy acetylene welding, you're gas welding, your shading and maybe depending on what you're doing, you gotta look this up between three and five if you're starting to use arc welding, guess what now? You got 10 or more is usually what it is. Not all the time. You got some 789 and 789 And up to 15. So again, what are you doing? Let's say that you're going out and you're using a grinding wheel or you don't need an ar uh protection or you don't need shading, when would you need that? Maybe you're using a chop saw, maybe you're using something else? You're gonna have face protection. The other thing is one of the common mistakes is that individuals feel that a face shield alone gives you eye protection and I can attest one of the most common injuries for my father, God rest his soul. One of the common most common injuries that they were seeing at Western Electric where he worked in kearny New Jersey than a T. And T. Technologies and clark both. Not there anymore. Uh was I injuries in the seventies and in the sixties where people wear a face shield and they didn't wear safety glasses. Remember sixties pre OSHA. So he always made sure. And he taught me if you're going to be doing anything where you need a face shield, put safety glasses on or goggles depending on what you're doing. One of the first things. Howard. And uh, so that's uh, I'm skipping ahead. So I protection also, but we're finding out its gasket ID or self sealing eyewear is the way to go. My opinion, my professional opinion. And as we all know, everybody opinions are like noses, everybody has one and they all smell except for my brother in law's right. Fall protection training requirements. All right. That was a little joke there, Donald, Alright powered industrial trucks. Uh, I'm sorry. Number eight. Fall protection training requirements. People just aren't getting trained or they're getting trained on the wrong things. And this is also a construction issue. So, this is what I see people uh, need training on fall protection. They need to have the fall protection hierarchy of controls which are slightly different than the regular hierarchy of controls where you can have a safety monitor under certain conditions, those powers. Right? And uh, this is a classic one. So let's say that you have roofers and there you are using a dry cart, a tie off cart, trolley tie off trolley tool cart to tie off and that by the way, there are types that you can tie off to their designed for it under certain circumstances when you send somebody out to a training class. So you're getting them from someone else who had, oh yeah, I have credentials for fall protection training. The question is, is it on that specific piece of equipment? Isn't on specifically? If you, and I'll mention a couple of things, are you using miller equipment and your D. V. I. S. And you, they were trained on D. V. I. Solid equipment, slightly different. Then they have just a compliance harness and now you're giving them uh $400 cadillac harness with all different D. Rings. Is that, are they properly trained? That's what I see happening is people are not properly trained. Um the equipment that they are using often they're not trained at all. Where do you see that? This is what happens, especially in my neck of the woods. There's a lot of been a lot of construction over the last 10 years. They get day laborers. I don't know where they get some of these folks, Do you know how to do a roof. Yeah, I know how to get a roof, jump on the back of the truck and then what happens they jump on the back of the truck and they go to work. God knows what they could do. Yeah, they work on roofs. I have pictures of them, no, on a high pitch roof, no fall protection holding on by a rope. And OSHA is sitting right there taking pictures and so you know everything else. Now, every, every time I see an ocean vehicle on the side of the road, I'm gonna look powered industrial trucks, number seven, that's 1910, 1 78. And they have and I forget what it is in construction, but it's basically the same as the same identical uh situation. You have people out there. How much does it cost and how much time is it to train? Send someone out for training on a powered industrial truck, A K A. Forklift or it could not only a forklift. There are others not takes about a day if you're gonna do legitimate training from scratch. Well, what happens? They hired people that got trained somewhere else and then they okay, well, we're gonna get, you know, uh, they don't know how to operate the equipment or they think that they know how to operate the equipment, powered industrial trucks. A big issue. What's the number one thing when there is an injury or an accident with the powered industrial truck? What's the first thing a safety people ask for, come on. You know what it is, it is the checklist. When was the last time that was inspected? And this is what happens? It may have nothing to do with the accident. It may have nothing to do with, you know what happened. But and they use it as a leading indicator that if you don't even have a checklist. Look, you can't work here. You know, you don't even have a checklist. That's number one thing. That's often what this is. Checklists, seatbelts, nowhere in seatbelt, unbalanced load, lack of maintenance, uh improper use, uh not running into things. All of that goes with powered industrial trucks lock out tag out. That is for the de energizing of equipment. So that could be any number of things you're going into your permit, required confined space. You have to make sure the equipment on in the space will not turn on often, what happens is people don't uh lock out or tag that out. De energize it. There's no verification procedure in there. One of my clients did a external audit. They wrote an external auditors wasn't uh didn't have anything to do with the work I did right, I was working for another contractor, Was the facility owner and they audited their own people. What they found out was 47% of the time they were doing lock out tag out procedures correctly. What were they seeing no lock out tag out procedures at all being followed because hey, I'm the only one working on it. I'm the only one in charge they saw where a an oil tank would have to lock outs. One lock out would be for one piece of equipment and the uh coming into it. And the other lockout was for the blanking system or the physical disconnect. Also known as air capping. People put the locks on the wrong stuff. They don't read. People are in a hurry. Very bad. They don't read. Here's another one. Number five scaffolding 2058. So now we're getting into the fall hazards, right? # eight started again. But now we're getting into the next one's number five scaffolding, number four ladders 1926 10 53. Both of them are construction, right? And it's basically they're related in a manner of speaking. What do I see what scaffolding not inspected by a confident person. Number one. Not not assembled correctly because there is no confident person and number three not being used correctly because of number one and two. There's no confident person not assembled correctly. I was called out to a project by a client and we were not manning the job. We were not in charge of scaffolds. I said, jimmy, come on out there. I went out there and it was a seven story high scaffold, right? It was tied in fine meaning attached to the building the way it's supposed to be in stable, but none of the screws were tied down. So you go up one level and everything is fine and dandy when you start to get up to two or three levels and the whole thing shaken. I said screw it. I'm not going up there. That's the, that, that, that's failed inspection, don't use it so that some of the other things mud sills right where you have at the bottom when the jack stands on a suspended scaffold the mud cells not being in there. Let's say you're going to be um, it's not level climbing on scaffold members. You're not supposed to do that unless it's designed for that, supposed to have a stair tower ladder, something like that. Um there, you're not supposed to climb the sides of the scaffold, right? All of us, it's designed for it suspended scaffolding. What are we looking at again? A lot of people go out, Yeah, I'm a scaffolding confident person. I got scaffolding confident person training and what happens? Well, it's not for that scaffold because I'm told there are something like 57 different types of scaffolds out there then like right and now inspection training, all that goes into that ladders, you can say well uh and from the mouths of babes, my daughter says to me when she's about four, daddy, how come you have a ladder in the car as well. I was doing ladder training, teaching people how to use the ladder safely. She says, you mean people don't know how to use the ladder. I said, well honey, they know how to climb the ladder but necessarily use it safely. It's a different thing. What are we looking at an easy gimme? I I called up a ladder manufacturer when I started when I got qualified for fall protection confident person. And the uh, and the uh, her son goes out there. Uh, and I called up the, the ladder company. I said, hey, uh, I lost my train of thought there for a second. I said, I'm looking for instructions on the ladder how to use the ladder. I know it sounds ridiculous, but I'm looking for instructions because I'm doing full protection confident person training where we're going to discuss ladders. I mean the versus I mean jimmy, that's not such a stupid question. The labels on a ladder are the instruction manual. So we don't have, that's what the labels are. And I said, but you have checklists, she said, yeah, the checklists are basically to tell, make sure verify that the stickers are on it. If you look at them all of our checklists, first thing labels. So real simple. If you have a ladder and you don't have labels on it, it does not mean inspection criteria. You're not supposed to use it real simple for a portable ladder. Right? And that's what you're dealing with the construction of a portable ladders for the majority of the time. So if it does not have, doesn't meet everything on that election criteria and that checklist. And you have checklists and you check and you check them regularly and there's a record if you're a confident person doing that, Guess what? You got yourself a little problem? You got yourself an ocean citation. And it also deals with use Does someone how climb up the ladder, facing the ladder away from the ladder, working from a ladder appropriate ladder. All that goes in there. Number three respiratory protection. I suspect that this has to do with Covid a lot of this stuff. Wrong respirators, no industrial hygiene audit. Not following the crystalline silica standard, anything like that. So, respiratory protection standard 1910 1 34. Remember that applies across the board To all areas of OSHA that applies to maritime, that applies to agriculture. That applies to construction. That applies to general industry, anything to deal all those regulations, all those areas of the regulation .2 respirators. Alright, all use 1910-130 for what do I see wrong? Respirator, wrong respirator cartridges? No fit test. When you need one, no medical clearance. When you need one uh wrong sides. Restaurant cartridges, why are you using? This is another one. OSHA has the authority to go up to one of your employees and says to him, hey uh can I talk to you? They can refuse to talk to anybody. Could right under our constitution, but normally that doesn't happen. And they say to them, oh I see that you're wearing a respirator. Yes. How come you're wearing a respirator. What are the hazards? What do you hear you hear silence? You hear nothing? Guess what now? That's an OSHA citation because they're going to go along to all your other employees and they're gonna ask that are wearing respirators? What do you know about the respiratory well, guess what? Now that's the citation. Because you didn't train your employees. You might have trained them like you might not have. That's why when I uh when I do the training and when I administer a program, an entire program for company, I make sure that everybody signs off on documentation stating that they not only receive respiratory protection training but why they are wearing a respirator? It's extremely important because this is the other thing. You might you have a government official, you have somebody there with a nice OSHA I. D. Badge from the department of labor. Your employer employee says man, if I say the wrong thing, my guys, I'm gonna get fired. I'm gonna get into trouble. That's not an unusual uh thing for an employee to think it may be true. It may not be true. You might not have ever mentioned that. But you know their their loyalty they don't want to screw you over. So now they draw a blank. I don't know they got all nervous. But guess what? If you could go and you can show the OSHA uh compliance officer these are training records. See they signed off on everything. This is what the training was. And it helps if you also have them recorded and everything else. Because I used to record this stuff all the time. Guess what Now. It's in there and you're able to go and document it. Well, yeah, they were maybe okay now we trained them that maybe we need more Mr flying officer because they can't go and uh uh you know, they can't go and uh do this right? They don't know. They don't know. We have to do a refresher here. Yeah, that's better. Was there an industrial hygiene audit conducted if you're in the in this crystalline silica standard? And there's a table in there. I believe it's Table two that lists all of the things that you need to do based on what your work you're doing and the exposure and everything else. That's all in the respiratory protection standard. Uh let's say you're dealing with lead 1926.62 in construction before there is an exposure assessment, depending on what you're doing. There's a required respiratory protection. All right. Do you have that? Do you have that data? All that stuff goes into all of this. It's not a simple process. That's all you need. A confident person overseeing this. Don't think that you're uh just going to go and say, hey guys, here's a uh an invitation dust mask because this is what I see happening. People have the inclination getting back to what we said before. Hey, I this little invitation dust mask that's going to protect me and everybody else from the most deadly virus that's ever existed. Will certainly protest me from chris and silica, respirable, crystalline silica. That's what we see, what is happening nowadays. Now you're gonna say, well, jim, I'm gonna give someone a dust mask. It could be rated or it could be an n 95 filtering face piece respirator or it could be one of those invitation dust mask. And I shared this story several times when I come to this at my mother in law's funeral, it was the height of covid, one of the pallbearers carrying the casket down the church stairs had a invitation dust mask on and I had a mask not rated, you know, invitation surgical mask. I think it was flu. But anyway, he put it on and he had a seizure. He was not medically approved to wear anything that's a problem. Something else is this. I don't need to send, pardon me, I don't need to send my guy to the uh got a physical because he's 19 years old and he's healthy as well. You're a doctor. No, but I know what could be wrong with a 19 year old. I said, I got into a old fashioned piston match with this guy. He, my client told him this is subcontract, hey, you gotta go sending a guy out for a physical. He's got a hazardous waste site. He's gonna be here for 90 days and everything else is gonna definitely will be in a rush to get him a respiratory blah, blah, blah. Okay, great. We all go out there. He gets around and what do you think happens? He gets back to his physical and he fails his physical. What what what was this issue? He was a chronic favor. He was inhaling all the time. Yes. He was like a chain smoker with the, you know with the E cigarettes and everything else. I talked to the doctor. He says, jim can you talk to the doctor? I said with your permission, I'm with you on speakerphone. The whole thing, I'll have no problem talking because I don't want to violate HIPPA laws or anything. So we get his doctor on the phone. I put it on speaker and I said doctor what? What's going on here, 19 years old? Right? No, no he's, by the way he's on the phone here with me, he's on speaker phone. You know, he's having problems understanding this, why he failed. He said, well dude, I'm seeing this all the time from the people doing the vaping and everything else. And now you know, I imagine it got worse with cannabis being legalized. Well let's go, no, no he's got he's 19 years old but he's got the like he's breathing like he's a 70 year old. Well that's problematic. He said, yeah that's problematic. So what we ended up doing was he quit vaping because he knew he would be missing out. A lot of mullah there really negatively impact his uh Living there. And he was getting really good money for 19 year old for doing this job? When he went back about a week later he ended up passing. And to my knowledge he stayed off of saving cigarettes, everything. So that goes to show you just because someone is young, they could have other issues. They could have asthma, they could have hypertension, they could have heart issues, they could have multiple things, they could have had cancer. And this happened also. We a guy had cancer and he ended up getting uh failed on the exam. Why? Because the cancer was specific to uh no uh to his kidneys and his liver. I forget which one it was. And that's what filters had a lot of contaminants. He couldn't be on the job for that. Number two Hazard Communication, 1910 1200. This used to be all the time. Right? That's always up towards the top. What is that? So that's basically training people on the chemical hazards in the workplace. Is safety data sheets, uh G. H. S. System. What the chemical hazards are or anything else? This is where it may not be specific enough or it may not be uh uh current they're still working with MSD essence then there rather than STS and safety data sheets. They're not G. H. S compliant and coming any number of things. No training for the workers. No things of that nature right then you have uh that's usually what it is and what is there? It's real simple. How do you do become uh compliant in this and you have to work with your environmental compliance person on here. What I always tell everybody is clean out their entire facility. Get rid of chemicals that you don't need for whatever reason. If they're like a single use chemical used it on a job a year ago, two years, 10 years ago, just get rid of all these chemicals. Because then if you only use the chemicals that you need, then your SCS list and your hazard com program gets a lot simpler at that point. Usually number one, number two Is you have a procurement system in place where all of the chemicals are purchased through the main office or through one or two people or are only on an approved list this way, you can guarantee you have all the safety data sheets for only the chemicals that you're going to use and no more if you do that. Now, there's a quick story where there was a uh that's back in the 90's One company I told this when I was working for a company called Enviro Gen X. one of their uh one of their uh clients, I said look I told the person on site handling safety a this is what you want to do. All right. Uh you want to get rid of clean out your truck before you go to this facility in Central Jersey because they're going to rip it apart. They're gonna be looking for those days. M. S. D. S. Yeah. And what was his uh what do you think his uh reaction was? Any guess? Oh, that'll never happen. What do you think happened that was on a friday? And tell them, what do you think on monday morning happened on monday morning? They showed up to the facility. They had two security guards on either side of the truck. They pulled them off to the side when his truck and they cleaned it out. Guess what? Broken tools, broken equipment and chemicals on there. They did not have material safety data sheets for right? Nineties material safety data sheets. Guess what? At that point my boss was like, Yeah, he was like good job. Jim, you did a really good job. Now from the # one citation for fiscal year 2022 are general requirements of fall protection. That's not using the equipment, not using them properly and everything else that goes into it. Now, there is a simple solution to all of us. You hire us any one of our safety FM. Anyone in our say TFM family has. I know a lot of us do fall protection training. I for one do fall protection. It's one of my main pieces of things that I do is fall protection training. And I also do design purchasing and everything else that goes into fall protection And that's what I do. Well, again, it's the whole program stuff's not inspected in proper fall protection. It's not inspected according to manufacturer's, uh, manufacturers, uh, standards. It's not just stuff not done, old equipment that's broken, that's afraid that's burned chemical damage, sun damage. Uh, the improper fitting doesn't fit right. All of this stuff that I mean the list goes on and on and on and that's 5260 violations. That's over double more than double of has come, which is number two. So fall protection is a big thing. Fall protection and same level and falls from height, which is what fall protection they're talking about. Falls from height in construction are the number one killers in the construction industry other than motor vehicle accidents. So it's one of their focuses for OSHA is always the fall protection. It's an easy and this is like an easy, you know what I say easy. Give me on this right meaning that they can go out there and get this. No problem at all. So we're wrapping things up here for safety wars. This is jim postal will be back here tomorrow night eight p.m. Eastern time and where we will continue to fight that safety war that we all talk about. The views and opinions expressed on this podcast are those of the host and its guests and do not necessarily reflect the official policy or position of the company examples of analysis discussed within this podcast are only examples. It should not be utilized in the real world as the only solution available as they are based only on very limited and dated open source information, assumptions made within this analysis are not reflective of the position of the company. No part of this podcast may be reproduced, stored in a retrieval system or transmitted in any form or by any means mechanical, electronic recording or otherwise without prior written permission of the creator of the podcast, J. Allen.