Employer Responsibility and the Cost of Safety

My work in safety management and training exposed me to the realities of protecting employees on the job-site. The safety of employees is the responsibility of the employer. 

Many employees, especially in the low skill areas, have little if any understanding of working safely. I have worked with employees that were obviously great at video games or other less benign endeavors, but had to be trained on how to safely use a power tool as simple as a drill gun or utility knife. 

As an employer, this can cost you significant time/money; just to safely onboard such employees. Nevertheless, under the "General Duty Clause" of the Occupational Safety and Health (OSH) Act, it is your responsibility. Failure to follow the Occupational Safety and Health Administration (OSHA) standards, can become exponentially more expensive. Providing proper training for new employees is very important and the cost can be viewed as insurance against catastrophe.

Just as a refresher, following is the "General Duty Clause" as provided at Sections 5(a) and 5(b) of the OSH act, as defined at 29 USC 654:

Sec. 5. Duties

(a) Each employer --

(1)

shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees;  

(2)  shall comply with occupational safety and health standards promulgated under this Act.

(b) Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this Act which are applicable to his own actions and conduct. 

I have underlined the the word recognized, because this implies additional responsibilities of the employer/you. Before we go any further, claiming ignorance of the hazard does not protect you the employer. 

The question then becomes, how are you supposed to recognize hazards in the work-place? Some hazards are easy to identify, while others require a detailed Job Hazard Analysis (JHA). While the JHA process is beyond the scope of this article, suffice it to say it can be time consuming and add more cost to your operation. But read on...

Balancing the cost of providing a safe workplace with the benefits should begin with an assessment of the cost of a serious injury to one of your employees. OSHA provides an "estimator" for providing the potential cost of injuries. Even a simple injury such as a fracture can create difficult to believe costs. The amount of additional sales required to pay for the injury can be high. Of course, if you have the increased sales without the injury, your bottom line gets a positive boost.

The cost estimator can be found at Cost estimator. Background and explanation of how the estimator works is found at Background. 

Considering the risks also should take into account part (b) of the general duty clause. You may think this only applies to the employee. Think again. You the employer also have the responsibility for setting rules, enforcing them, and using appropriate disciplinary action to ensure compliance. 

OSHA does not penalize employees, but if their failure to follow safety rules is ignored, you can be cited and penalized, in the event of an injury. Establish safety rules, enforce the rules, and use your disciplinary process to correct unsafe behavior. Terminating employment of non-conforming personnel, while not the best use of resources, can still be less expensive than ignoring the violations. So long as you use consistent non-biased disciplinary procedures, part (b) provides protection for you in creating and maintaining a safe workplace. 

Like it or not, worker safety is the employer's responsibility. Protecting your bottom line includes building safety into your operations. In the long run, Safety Pays.

For more information, I can be reached at david@postoakenterprises.com.

Working During Retirement

 It has been a very long time since I posted any thoughts. That can be attributed to working full time and still running a small cow/calf operation. Spending time traveling between a simple little home in the country and a suburban home also contributed to time/priority management decisions, not conducive to posting. 

Beginning January 2020, I was abruptly retired from the company where I had worked for over ten years. At 70 years of age, maybe that was necessary to fit corporate strategy. Not my ideal image of employee treatment, but not my call. 

Fortunately the Good Lord had been preparing me for this eventuality for several years. Equipment, infrastructure, training, and good health were all in place at the time I was retired. In the time since my departure, I have realized how well God planned for my situation. 

Potential actions that I did not feel comfortable with earlier, and decided against, proved to be good decisions. Other actions that on the surface seemed impractical, but which I felt led to accomplish anyway, now obviously were great decisions. It was all a matter of timing; more God's than mine. 

I still have the cow calf operation, which is doing okay, even in these trying times with the China Virus and moderate drought. Being retired also has allowed me to get back to gardening on a very small scale. 

A few years ago I did several "Mid-Tex Gardener" YouTube videos concerning gardening. Beginning this autumn here in central Texas, I plan on possibly presenting more videos.  This will depend on what La Nina in the Pacific does to our central Texas climate. 

During my earlier employment, I had qualified as an OSHA authorized trainer for the 10 and 30 hour OSHA General Industry classes. That presents a great opportunity for me to also build a small business providing safety training and consulting. 

Right now under the social distancing mandates in many areas, classroom utilization is not optimum. OSHA is not currently authorizing any more online trainers until after new rules are established. A new system is necessary due to widespread abuse of the online training under the old plan. 

I have never been an advocate for online safety training especially since OSHA requires instructor presence for all parts of on-site training. The participant give and take in the classroom benefits all attendees including the instructor. 

Developing this as a business is ongoing, but the training portion will only become active once the current virus restrictions can safely be lifted. In the interim I am available for onsite consulting and assisting employers safely navigate these difficult seas of additional risks. Otherwise, there is still plenty of work to be done before going live with the entire program.

I have worked on farm and ranch operations and in safety and management functions in manufacturing companies most of my life. Work on a daily basis is so ingrained in my life that selling off all the assets and just retiring, while my wife continues to work in the corporate world until she reaches retirement age; is not appealing. So for now, God willing, working through retirement is the plan. Wishing you all a great day.

New Year 2017

Happy New Year to all of you. It has been about 4 years since my last post here. My apologies for not  maintaining this site.

Life is full, which sometimes limits the amount of time to do all the things we enjoy and want to do. We get wrapped up in the details of each day and in the end, priorities eventually exclude other worthwhile but lower priority activities.

During the past three years I have been fortunate to publish some videos on YouTube from Mid-Tex Gardener, get more involved in ranching and improving my small farm, and gaining CSHO certification. CSHO certification is Certified Safety and Health Official.

I still work at a Central Texas manufacturer as Director of Safety, Health and Sustainability. The emphasis over the last year or two has switched to developing a sorely needed safety culture in the organization. This is still a work in progress and much remains to be done. However, over the last year I have seen improvement and have high hopes for continued improvement.

When I took on the Safety and Compliance role for my employer, I viewed the job as being pushed on me since no one else wanted the challenge. It has been a challenge, but when faced with such situations we can accept the status quo or step up and become a force for good. I chose the latter and did the work, had some small victories, and gained new insight to Industrial Safety and Health compliance.

When we work in an organization that has hazards and safety and health risks facing employees each day, and we recognize those employees as friends and coworkers; their safety and health become very important. That realization has empowered me to overcome adversity and resistance to change, because failure would be devastating for all concerned.

Beginning a new year is a time for optimism and hope. Going into 2017, I have that optimism and hope for another fulfilling year. Dear friends and readers, I wish you the same for 2017.

Beginning a New Year in 2013

Looking back at my blog posts from 2012, I noticed that I started one in January concerning my health and the then recent diagnosis with type 2 diabetes, high blood pressure, and high cholesterol. I mentioned in that post the lifestyle change that I was making. Looking back from that point, I am pleased with the changes that have occurred.

Over the year I went from about 225 pounds to 170 pounds, and lost a lot of body (belly) fat. I took up running, bicycling, and weight lifting as ways to further improve my body condition. It has worked. Now running 3-5 miles is something of an everyday activity. The blood sugar is closer to being under control even without drugs. Blood pressure is only affected by work stress, and cholesterol is managed fairly well.

I am very pleased with the improvement in health over the last year. I plan on keeping up the same regimen and maybe participating in a few 5K or 10K runs. I am not doing these things for competitive purposes other than competing with my past performance and improving as I go forward. I know that at some point improvement will no longer be likely and just maintenance will be possible.

At 62 years of age however, I am still able to build muscle and continue to improve endurance. For as long as my body can manage this, I plan on maintaining the activities necessary to continue improvement. In less than a month I will be 63 years of age, Good Lord willing, and hope to stay in good shape.

There are numerous personal goals and projects that I still want to accomplish and have some decisions to make over the next year. Currently, I still work at a corporate job, but the time consumed there conflicts with several other goals. While the income is nice and will allow for other good things, a change will eventually be necessary. This does not mean retirement, but possibly a change in involvement level in the corporate job, or a possible change in careers. I do not see myself not gainfully employed or working in some fashion, over the next several years.

Looking back over the last year, I have been blessed. Many good things and happy experiences have come my way, even if I was too busy to notice every time. Looking forward to the coming year I pray that many more wonderful things will come our way, both personally and for all of my family, friends, and fellow citizens. So to all I wish you a very Happy and Blessed New Year!

Dave

Thoughts for a New Year

The year is quickly coming to an end, and a new year awaits. At one time I looked forward with hope and happy anticipation to a new year. Now after many new years, I see little of new hope. We live in a time of hard lines drawn in the sand and no room for sensible compromise. A time when initiative and hard work are rewarded by big government taking away any gain and redistributing it to the lazy and slothful, or the rich and political elite. 

The country seems to be rushing headlong into an even greater dependency on government to solve their problems, when we really need to slow down and evaluate what brought this nation so far from a few colonies to a world power. At the center of that success was personal initiative and the inalienable right to succeed or to fail while attempting something new and better, all the while working to support and improve oneself. 

Growing up in the post World War II era of the 50’s and 60’s, I began to see a shift away from the “can do” attitude that made this country great, to an attitude of “I want mine, now”. That started the shift away from a willingness to work for success and reward, to waiting on government to rob the working class so that the new class of entitled lazy could benefit from the hard work of others. The early 60’s began a time of transition that has rapidly accelerated, with only a couple pauses of sanity reigning in this headlong rush. Now the age of sensibility and reason, based on earning one’s way to success, is rapidly waning, under the crushing weight of big government, cronyism, and entitlement. 

Politicos on one side want to rob the working class of ever larger percentages of their hard earned incomes, to pay for social programs that reward laziness and a growing part of society that is unwilling to work day after day to succeed. On the other side is a group of stalwarts for the rich and politically connected that are unwilling to require those with greater wealth to pay their fair share. 

When a multi-millionaire running for president pays a lower percentage of taxes than I do on comparatively meager earnings, it is evident that sensibility has fallen by the wayside. The old rhetoric of the rich provide jobs through their investments, and therefore are entitled to receive protection through loopholes in the tax system, is a bald face lie. For several decades now the investments creating jobs, have been supporting the economies of other nations rather than this country.

Conversely, those unwilling to work for their rewards, are becoming even more greedy and expecting equality of resources with those that have worked hard and earned everything they own. The “social programs” forced upon us by the opposite side of the government, have created a huge percentage of government dependent population, unable and unwilling to function, without a handout. 

It is time for some tough love in this country. You want material things, then get a job and earn them. Work hard, smart, and diligently save for the things you treasure. Have pride in working and earning your way through life, rather than sitting around like all the other “victims”, waiting for big government to provide for you from their big coffers, built off the backs, sweat, and toil of the working middle class.

It is time for some tough love in this country. You have been blessed with much and been fortunate to accumulate wealth, then pay your fair share. If your “work” is investing the money you have been blessed with, then show me that you are creating jobs in this country. Show me the ways you have provided benefits to the working middle class of this country, and if they are real then your tax break can be based on that benefit. 

It is time for some tough love in this country. Politicos on both sides of the aisle wake up, listen to the voices of reason and history of a great nation based on personal initiative and earning your way through life. Get your hands out of the pockets of the working middle class, and reach out to your opponents across the aisle, in a spirit of compromise for the good of this country. Ensure the rights of all citizens to earn to their potential are protected, and the rewards of one’s labor are protected from unfair taxation to empower laziness and cronyism.

Jobs in this country and around the world, are provided not by the rich or the lazy, but by the working middle class, who spend their hard earned dollars on goods and services, provided by other working class people. There is truly no free lunch, and the sooner the politicos on both sides of the aisle embrace this thought, and protect the working middle class, through taxation equality and respect for personal initiative and responsibility; the sooner we will begin to provide hope for a strong and prosperous country. Fail to protect the working class and continue to encourage the concept of something for nothing, and the United States will swiftly go the way of much of the European community now teetering on the brink of economic failure.

In this time where so much rhetoric is spewed forth concerning sustainability, we need to also include working class America in the endangered species list along with the loss of sustainability of the world power status of this country. Rewarding personal responsibility, initiative, and diligent labor, with fair retention of the fruits of one’s labor is sustainable. Big government, political cronyism, and the unwillingness to work diligently for what one wants, are not sustainable over the long term. Accept and empower these concepts and the people of this country may yet one day look forward to a happier, sustainable, and more prosperous new year!

© Copyright 2012, by David Posival

Rainy Saturday

A busy day despite the constant light rain. We needed the rain, and it will save watering the yard for awhile. The garden at the old home-place in the country was needing a good rain also. It appears that the garden got a very good soaking.

Did not get out and run or bike today, but spent the time catching up on some reading and writing. After a hectic day of work during the workweek, it is difficult to write well. Today I was able to accomplish that and some other necessary chores. I am planning on running and maybe biking in the morning, since it should stop raining by then.

Wishing all a great rest of the weekend.

Dave

Why Bother with a Garden?

For me, that question prompts many responses. From a sustainability point of view it makes sense to grow as much as possible of our own food. The carbon footprint of the food grown there is much less than food which has been grown half way across the country or in some cases half way around the world. Generally a garden produces more than enough for the family doing the work, so there is excess to give away. That covers the social responsibility aspect of our global citizenship.

When planning a garden, we can include enough output to preserve food for the rest of the year. Once we have learned the proper and safe ways of preserving food, we not only have an ample supply of wholesome food for the off season, but we have the satisfaction of knowing this was something we did with our own hands. 

I mentioned wholesome or healthy food. The healthiness of the food will depend on our treatment of it while growing and once harvested. To preserve it we have to learn the proper methods and ingredients to include. That takes care of food safety. But there is also the matter of preserving and then consuming foods that we preserve such as jams and jellies, with large amounts of sugar, which is not a good thing. 

There are artificial sugar substitutes, but my feeling is that they are worse than sugar due to their synthetic composition. I am not sure that our bodies know quiet how to handle some of the synthetic additives being promoted as healthy in the various media. There are natural sweeteners such as stevia, that do not have the glycemic loading of sugar and other similar products. You might want to investigate this further to see if it will suit your palate. 

Of course there are also endless adulterations to food stuffs through the use of toxic chemicals and genetically modified (GMO) seed. While there is still much debate about the safety of GMO foods, I prefer to err on the side of caution. Not enough independent scientific information is available to prove GMO food safety, especially over a persons lifetime. I try to stay away from such material.

With one’s own garden it is possible to procure non-GMO and even heirloom seeds and plants, many of which are produced organically, and grow healthy crops. I am not a certified organic producer, but that is because I refuse to have the government tell me what is or is not organic. 

I have watched the United States Department of Agriculture (USDA), reduce the standards for organic crops, solely to placate one big chemical company or another. My feeling is that if you have to wash something several times before consuming it, after it was treated with a “safe” chemical, then the chemical is not safe. One of my greatest pleasures in the garden is to pick and eat my produce without washing and worry about what chemical(s) I may be ingesting. 

Now other health benefits of raising your own food, might include getting you off the couch and outside.Doing this instead of sitting in the house eating junk food while watching the mindless drivel, which usually is the standard fare on the television, certainly would seem to be a health improvement. Fresh air and sunshine at least for a short time every day can go a long way to helping us feel better physically and better about ourselves. According to some research we need some small amounts of direct sunlight every day to help fight cancer and depression.

The activity, provided we have good enough health initially to do physical work, is great for our bodies and overall health. I know personally that my physical and mental well-being is much improved by physical work and play in the sunshine. The fresh air we breath that is cleansed even more by the presence of trees and a large chemical-free garden, help clear the body of toxics we accumulate each day cooped up in an office or worse yet an industrial facility. Offices and industrial facilities where our exposure to all manner of toxics can be extreme, even with the best controls and regulations in the world, account for so much poor health that it is no wonder that those costs continue to skyrocket and health related lost workdays continue to rise. 

While all of us having gardens will not solve all these problems, having your own garden can go a long way towards helping you improve your life, and well-being. The sense of accomplishment every time you harvest and either prepare and eat or give away something that you grew with your own hands and the help of the Almighty, can by itself be worth the expense and effort of growing your own garden. 

Since I have made some comments above about health and things relating to improving your health, I have to also advise you that any claims or opinions expressed about the healthfulness of any food or activity are purely my own and have not been evaluated by the FDA or any other big-business controlled government bureaucracy. Of course, before embarking on any strenuous activity or work, be sure to check with your health care provider to ensure you can do so safely.

Now that we have that housekeeping chore out of the way, all that remains is to wish you, happy gardening! And remember a great spring garden begins with great preparation in the autumn.

All the best,

Dave

© August 2012 By David Posival, Post Oak Enterprises