The U.S. Department of Labor issues an OSHA National News Release that announces new enforcement guidelines that could exponentially increase penalties for companies who prioritize profits over safety. Specifically, OSHA addresses the expanded application of instance-by-instance citations and non-grouping of violations in certain cases that will go into effect on March 27th of this year.

Originally published in October 1990, CPL 02-00-080, also known as the “egregious or violation-by-violation penalty procedure,” was intended to “create large aggregate penalties” for willful citations in order to “provide an incentive to employers to prevent safety and health violations in their workplace”. In the first memo, OSHA expands the scenarios that “instance-by-instance” citations may be issued for “high-gravity serious violations of standards specific to falls, trenching, machine guarding, respiratory protection, permit-required confined spaces, lockout tagout, and other-than-serious violations specific to recordkeeping”. If you haven’t noticed, these closely align with OSHA’s “Top 10 Most Frequently Cited Standards”. The scope of this directive applies to general industry, construction, maritime, and agriculture; in other words, this applies to everything under OSHA’s jurisdiction.

So, what does the expanded use for instance-by-instance citations include?

According to OSHA, a decision to use instance-by-instance should be based on the consideration of one or more of the following factors and does not preclude the use of other OSHA initiatives, directives, or emphasis programs.

• The employer has received a willful, repeat, or failure to abate violation within the past five years where that classification is current.
• The employer has failed to report a fatality, inpatient hospitalization, amputation, or loss of an eye pursuant to the requirements of 29 CFR 1904.39.
• The proposed citations are related to a fatality/catastrophe.
• The proposed recordkeeping citations are related to injury or illness(es) that occurred as a result of a serious hazard.
  
  

This is intended to be a targeted strategy for those employers who repeatedly choose to put profits before their employees’ safety, health and well-being.

According to statements released by Doug Parker, Assistant Secretary for OSHA, “Smart, impactful enforcement means using all the tools available to us when an employer ‘doesn’t get it’ and will respond to only additional deterrence in the form of increased citations and penalties.” He goes on further to state that “This is intended to be a targeted strategy for those employers who repeatedly choose to put profits before their employees’ safety, health and well-being. Employers who callously view injured or sickened workers simply as a cost of doing business will face more serious consequences.”

References

https://www.osha.gov/news/newsreleases/national/01262023-0

https://www.osha.gov/enforcement/directives/cpl-02-00-080

https://www.osha.gov/memos/2023-01-26/application-of-instance-by-instance-penalty-adjustments

https://www.osha.gov/top10citedstandards

https://www.osha.gov/memos/2023-01-26/exercising-discretion-when-not-to-group-violations

https://www.osha.gov/enforcement/directives/cpl-02-00-164/chapter-4

Additional Resources

• Want a Safer Workplace? Get Employees Involved!

• How to Make an Impact as Safety Professionals

We are proud to announce that once again Roco has been reapproved as an OSHA VPP Star Worksite organization. VPP Star is the highest level of recognition awarded by OSHA. VPP participants serve as models for other employers, workers, and unions by operating excellent safety and health management programs. Roco has been a VPP Star worksite since 2013 and is excited to continue this tradition of raising the bar on its journey of maintaining an excellent safety and health program.

To earn this distinction, we implemented a comprehensive safety program and underwent a rigorous onsite evaluation by a team of OSHA safety and health experts. The “Star” designation is reserved for companies that “demonstrate exemplary achievement in the prevention and control of occupational safety and health hazards, as well as the development, implementation and continuous improvement of safety and health management systems.”

To our knowledge, we are the only rescue training, services and equipment company to achieve the VPP Star designation. The process of earning and renewing our VPP Star is an important way for us to get external feedback and confirm that we are “walking the walk” as an organization.

Roco’s Total Recordable Incident Rate (TRIR) and Days Away Restricted or Transferred (DART) were 100% below the national average for our industry. Having maintained our status as a VPP Star Worksite for another year has once again validated that we are living up to the highest standards of OSHA’s Voluntary Protection Program. This achievement would not be possible without a dedicated commitment to safety by all Roco employees.

Additional Resources

• Is OSHA VPP a Good Fit for Your Company?
  
  
  
  

As part of our efforts to support municipal emergency responders, Roco Rescue will be offering quarterly scholarships to our open-enrollment 50-hour Rescue Essentials Courses conducted at the Roco Training Center in Baton Rouge, Louisiana. To be considered, applicants will complete an online form and explain why they are interested in attending a course and how it will benefit them and their department. One student will be selected per quarter. 

Urban/Industrial Rescue Essentials™ Course:

• This 50-hour course is the starting point for rescuers working on rope and in confined spaces. This hands-on training course is for rescuers who respond to emergencies ranging from the depths of a confined space to the heights of an elevated structure or industrial platform.
• Participants will be provided an opportunity to become proficient at utilizing some of the most current equipment in the rescue world while learning and practicing safe, efficient, and proven rescue techniques. These skills will allow them to perform effectively in the rigorous environments faced by urban and industrial rescuers.
• Courses will be conducted at the Roco Training Center (RTC), participants will practice rescue operations from all six (6) confined space types including rescues from elevated vessels and towers. Simulated rescues from IDLH-type atmospheres that require the use of breathing air (SCBA) will also be included. These realistic scenarios can be used to document annual practice requirements as required by OSHA 1910.146.

Roco Rescue hopes that this free training will help broaden the range of skills in confined space and rope rescue for firefighters and their departments.

Offer valid for USA-based emergency responders only based on space availability. Must be 18 years or older and physically fit to participate in hands-on rescue exercises. Offer is valid for limited time and subject to change without notice. 

Additional Resources

• Roco Rescue Videos 
• Using Local Emergency Services vs Contracted Rescue Services
  

So, you’ve got your rescue team up to date on all the nifty tricks in confined space rescue. Litters, knots, anchoring, mechanical advantage systems, the whole kit, and kaboodle. Now, you’ll need some first aid and CPR training to meet OSHA’s standards. Some folks say a simple layperson first aid course will do it. Others argue that teams need a week-long EMS professional course to prepare. Going further, some folks say that investing in drills and skills retention is the most critical issue. To cut through some confusion, let’s look at some of the things employers might factor in when choosing medical training for Emergency Response and Rescue Teams.

What’s the Standard?

OSHA 1910.146(k) requires that employers “Train affected employees in basic first-aid and cardiopulmonary resuscitation (CPR),” and “ensure that at least one member of the rescue team or service holding a current certification in first aid and CPR is available.” That’s a lot, so let’s take a second to dissect this by defining some terms. According to OSHA, “First aid refers to medical attention that is usually administered immediately after the injury occurs and at the location where it occurred. It often consists of a one-time, short-term treatment and requires little technology or training to administer.” Alright, that’s pretty straightforward.

Now, let’s take a look at CPR or Cardiopulmonary Resuscitation. Simply put, rescuers will perform chest compressions to pump blood around the body and typically breathe for the patient. But wait, don’t I need to shock the patient? What about the AED (Automated External Defibrillator)? Am I required to have an AED in my first aid supplies? A 2004 letter of interpretation says no, AEDs are not specifically required in the rescue team first aid kit. However, AED’s are much easier to use today and an abundance of research says you probably should include one in your kit.

Here's why you may want to consider an AED. According to the American Heart Association, every minute after cardiac arrest without defibrillation, the patient’s chances of survival decrease by 7%-10%, and after 12 minutes, survival rates are as low as 2%-5%. In their 2020 guidelines, the AHA adds, “Defibrillation is most successful when administered as soon as possible after onset of VF/VT (lethal cardiac arrhythmias) and a reasonable immediate treatment when the interval from onset to shock is very brief. Conversely, when VF/VT is more protracted, depletion of the heart’s energy reserves can compromise the efficacy of defibrillation unless replenished by a prescribed period of CPR before the rhythm analysis.” If you have an AED handy, the rescue team is more likely to successfully resuscitate the patient rather than waiting for EMS or for someone to retrieve it from across the site.

Now that we’ve translated the standard let’s differentiate two of the most common training course types for rescue teams: Layperson First Aid and EMS/EMR Professional.

Professional Courses vs Layperson Courses

Although the topics and skills taught in basic first aid courses and EMS professional courses are similar, each route has unique advantages and disadvantages. For instance, and obvious to most folks doing the shopping, the price and time commitments vary. Typically, a simple layperson first aid course takes one day with around 4 to 10 hours of total time with the instructor. The American Heart Association, National Safety Council, American Red Cross, and other nationally recognized organizations offer First Aid CPR and AED credentials. So, although you’re only committing a single day you can trust, in most cases, that the information is solid to give your personnel a knowledge of the basics.

However, if you want your emergency response personnel to be able to take greater lifesaving measures, we highly recommend an Emergency Medical Responder (EMR) course. This is especially true if you are located in an industrial site with numerous hazards and possibly isolated from immediate medical care.

In an EMR course students will get around 50 hours of instruction, practice, and evaluation. According to the National Registry, “EMRs have the knowledge and skills necessary to provide immediate lifesaving interventions while awaiting additional EMS resources to arrive. EMRs also provide assistance to higher-level personnel at the scene of emergencies,” EMR is one of the most common medical certifications amongst both volunteer and professional responders. They are typically regulated by a state EMS education agency and taught by private businesses with licensed instructors.

From my personal experience as a Paramedic, I can say that receiving a patient from a layperson with first aid and a trained EMR can make a big difference. Oftentimes, this increases the viability of the patient – especially when access to professional medical care is not immediately available. The assessment taught to Emergency Medical Responders is almost identical to the scene assessment and patient surveys an EMT or Paramedic performs when responding to an emergency. As a component of your emergency response, medical care for the patient must be assessed and considered a vital part of any successful rescue operation.

Drills and Skills Retention

If you don’t use it, you lose it. Regardless of the course, the most critical component of any program is drilling and skills retention. In a 2020 study, a group of medical students went through a 40-hour BLS course. Immediately after training, 78% of the students were evaluated and categorized as “excellent.” However, 6 short months after the training, that number dropped to 40%.

What does this mean for your team? Should they retrain every 6 months? Maybe we could simplify their training to aid in retention.  Research conducted by the European Resuscitation Council (ERC) in 2019 showed an increase in 3-month skill retention after simplifying their guidelines. The simplest answer I can provide is to do what’s best for your unique situation.

Take a look at the hazards on your site, take note of the possible conditions and injuries, and perform a full-speed drill as often as you feel your team needs to stay proficient. If the one-year minimum for your confined space program shows a severe lack in team performance, try 6 months. If twice a year still reveals major gaps, move to 3 or even 4 exercises a year. The fact is, if you find the issues after someone is hurt or killed, the money, time, and resources you save will be nothing compared to the lives that are changed by the tragedy.

The best day to perform a rescue is the day after class. The rust builds up a bit every day that goes by. So, be proactive, aggressively shop the right course for you, and plan on investing heavily in site hazard-specific drills and rescue exercises that involve first aid and CPR. The families that work for you are betting their lives on it.

Conclusion

There are a lot of medical courses out there to choose from. What level of medical care do you want your team to have? One of a layperson to cover the basics or an EMS professional that sees the bigger picture of patient outcome and the continuum of care. Either way, if you don’t take your training seriously and prepare drills for your specific needs, the chances of catastrophe increase by the day. So, invest in your workforce's safety and peace of mind, give them the tools and perspective they need to be successful, and train hard.

References

1.https://www.osha.gov/laws-regs/standardinterpretations/2004-06-17-0

2.https://www.osha.gov/sites/default/files/publications/OSHA3317first-aid.pdf

3.https://www.osha.gov/medical-first-aid/standards

4.https://www.osha.gov/medical-first-aid/recognition

5.https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2600120/#ref19

6.https://www.ahajournals.org/doi/full/10.1161/circ.102.suppl_1.I-22

7.https://www.ahajournals.org/doi/10.1161/circ.140.suppl_2.139

Additional Resources

• Emergency Medical Responder Course
• First Aid CPR and AED Training Course

Safety professionals want to make sure all workers get home safely, but what are the best ways to do that?

Ask any safety professional what drives or motivates them to get out of bed in the morning and you’ll probably get 1,000 different answers. Some people may be motivated by their experience working in the industry, some may be motivated by combat experience, some may be motivated by their desire to help people and some may be motivated by money; the point is, we’re all motivated by something. While it’s great to know what motivates you, it’s even more important to ask yourself, “what impact do I want to make today?” 

Click here to read the full article by our own Chris McGlynn that was originally posted on OH&S’s website recently: https://ohsonline.com/articles/2022/12/05/how-to-make-an-impact.aspx?admgarea=news

Chris McGlynn is the Director of Safety/VPP Coordinator for Roco Rescue. He is a Certified Safety Professional (CSP) through the Board of Certified Safety Professionals as well as a Certified Confined Space and Rope Rescue Technician, and a Nationally Registered Paramedic. As Director of Safety, Chris oversees all corporate safety initiatives, ensuring that employees at Roco have the tools and training that they need to do their work safely and effectively. He is also responsible for managing Roco's Safety Services Division, which provides trained safety professionals for turnarounds and other special projects. Finally, Chris serves as the VPP Coordinator for Roco, continuing Roco’s long-standing commitment to excellence in safety and health. Roco has been an OSHA VPP Star Worksite since 2013.

Follow Chris 

Additional Resources

• Roco’s Professional Safety Services
• Want a Safer Workplace? Get Employees Involved!