SAFETY vs COMPLIANCE Friends or Foes Richard H Black RHB Training and Consulting Services

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SAFETY vs COMPLIANCEFriends or FoesRichard H
BlackRHB Training and Consulting Services
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Keeping Employees Safe Why we do what we
do? 1. Its the Law! 2. Its Cost
Effective! 3. Its our Job! 4. Its RIGHT!
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Keeping Employees Safe Doing the Right
Thing,Because,Its the Right Thing to do!
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Keeping Employees Safe Why we do what we
do?Its RIGHT to save lives.Its RIGHT to
prevent accidents.Its RIGHT to do your
best.Its RIGHT to care.
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Doing the Right Things Unconditional support by
upper mgmt. Total worker involvement Sensible
policies, rules, regulations Appropriate
disciplinary policies Documented job
expectations Effective training Safety
audits Accident investigation Root cause
analysis Take action on findings
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Doing the Right Things CARE!!!
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Safety - Motivations 1. Protect life! 2.
Promote safety! 3. Protect health! 4. Prevent
accidents!
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Keeping Employees Safe Why we do what we
do? 1. Its the Law!
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The Law Requires It CFR 30 56.1 57.1The
purpose of these standards is the protection of
life, the promotion of health and safety, and the
prevention of accidents.
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Mining Deaths per 1000 Employees 1900-2009 (per
MSHA data)
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Mining Deaths per 347,582 Employees 1900-2009
(per MSHA data)
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Mining Deaths per 1000 Employees 1990-2009
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Mining Deaths per 347,582 Employees 1990-2009
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Coal Mine Incidence Rate 1931-2007
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All Mining Incidence Rate 1973-2007
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Coal Mine Incidence Rate 1931-2007
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Coal Mine Fatalities and Incidence Rate
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Coal Mining Productivity by Decade
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Incidence Rate vs Productivity
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Fatalities vs Productivity
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Coal Mining Productivity 1931-2007
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Coal Production 1931-2007
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Coal Mining Hours 1931-2007
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The Historical record indicates1. Fatality and
incident rates have improved (decreased)
continuously since 1900, before and after periods
of new regulations.2. Productivity has
increased continuously since at least 1931,
except during the period 1970 - 1979.3. Where
does that leave us now?
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1977 Mine ActSEC. 2. Congress declares
that-(a) the first priority and concern of
all in the coal or other mining industry must be
the health and safety of its most precious
resource--the miner
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Ref Mine Safety and Health Act of 1977
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1977 Mine Act(d) the existence of unsafe and
unhealthful conditions and practices in the
Nation's coal or other mines is a serious
impediment to the future growth of the coal or
other mining industry and cannot be tolerated
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Ref Mine Safety and Health Act of 1977
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1977 Mine Act(e) the operators of such mines
with the assistance of the miners have the
primary responsibility to prevent the existence
of such conditions and practices in such mines
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Ref Mine Safety and Health Act of 1977
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1977 Mine Act(g) it is the purpose of this Act
(1) to establish interim mandatory health and
safety standards and to promulgate improved
mandatory health or safety standards to protect
the health and safety of the Nation's coal or
other miners
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Ref Mine Safety and Health Act of 1977
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1977 Mine Act(g) (2) to require that each
operator of a coal or other mine and every miner
in such mine comply with such standards
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Ref Mine Safety and Health Act of 1977
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Standards Promulgated The purpose of these
standards is the protection of life, the
promotion of health and safety, and the
prevention of accidents. from CFR 30
56.1 57.1
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1977 Mine ActSEC. 103. (a)
Authorized representatives of the Secretary
shall make frequent inspections and
investigations for the purpose of (1)
obtaining, utilizing, and disseminating
information relating to health and safety
conditions, the causes of accidents, and the
causes of diseases and physical impairments
originating in such mines, (2) gathering
information with respect to mandatory health or
safety standards,
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Ref Mine Safety and Health Act of 1977
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1977 Mine ActSEC. 103. (a)
Authorized representatives of the Secretary
shall make frequent inspections and
investigations for the purpose of (3)
determining whether an imminent danger exists,
and 4) determining whether there is compliance
with the mandatory health or safety standards or
with any citation, order, or decision issued
under this title or other requirements of this
Act.
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Ref Mine Safety and Health Act of 1977
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1977 Mine ActSEC. 103. In
carrying out the requirements of clauses (3) and
(4) of this subsection, the Secretary shall make
inspections of each underground coal or other
mine in its entirety at least four times a year,
and of each surface coal or other mine in its
entirety at least two times a year.
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Ref Mine Safety and Health Act of 1977
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Compliance - Motivations
(Originally) 1. Protect life. 2. Promote
safety. 3. Protect health. 4. Prevent
accidents. 5. Cost avoidance (cost of
citations). 6. Avoid prosecution. 7. Promote
labor relations.
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MSHA Violations 2000-2008
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MSHA Penalties Assessed 2000-2008
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Assessed/Employee 2000-2008
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Compliance - Motivations
(Currently) 1. Cost avoidance (cost of
citations). 2. Avoid prosecution. 3. Promote
labor relations. 4. Protect life. 5. Promote
safety. 6. Protect health. 7. Prevent
accidents.
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Violation?30 CFR 56.12019 Access to stationary
electrical equipment or switchgear.
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Violation?30 CFR 56.12019
Access to stationary electrical equipment or
switchgear.Inspector YES. The supervisors
office has access blocked to the 120 to 240 Volt
switchgear/breaker box. This condition exposes
persons to an electrical shock permanently
disabling injury hazard. Result NO. Citation
vacated through conferencing.Was there intent
to violate or to place miners in danger?
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Violation?
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Violation?Obviously YES.Overt
attempt to circumvent both safe work practice and
legal safety standardsWas there intent to
violate or place employees in danger?
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Violation?30 CFR 56.12019 Access to stationary
electrical equipment or switchgear.
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Violation?30 CFR 56.12019
Access to stationary electrical equipment or
switchgear.Inspector YES. The Truck Shop
Office has access blocked to the energized
240-Volt breaker box/switchgear. This condition
exposes persons - an electrical shock permanently
disabling injury hazard.Result NO. Citation
vacated through conferencing.Was there intent
to violate or place employees in danger?
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Violation?
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Violation?Obviously YES.Overt
attempt to circumvent both safe work practice and
legal safety standardsWas there intent to
violate or place employees in danger?
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Violation?30 CFR 56.20013 Waste receptacles.
Receptacles with covers shall be provided at
suitable locations
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Violation?30 CFR 56.20013 Waste
receptacles. Receptacles with covers shall be
provided at suitable locations Inspector YES.
Receptacles with covers shall be provided at
suitable locations and used for the disposal of
waste food and associated materials. They shall
be emptied frequently and shall be maintained in
clean and sanitary condition.Result NO.
Citation vacated through conferencing.Was there
intent to violate or place employees in danger?
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Confused?
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Conflicted?
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Suicidal?
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Compliance Strategies (Some
currently in use) 1. Conference everything. 2.
Hire company inspectors (former MSHA). 3.
Dont sweat the small stuff. 4. Pray 5. Bribe
the inspector. 6. Hands up I surrender 7.
Close the mine.
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Compliance Strategies 1. Concentrate on
safe production. 2. Strive for zero 3.
Involve everyone. 4. Top down influence. 5.
Zero tolerance policy. 6. Documented job
expectations 7. Effective training 8. Safety
audits 9. Accident investigation10. Root cause
analysis11. Take action on findings.
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Cooperative Stakeholders
1. Miners 2. Operators 3. Government (MSHA)
How can we make it work?
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How can we make it work? Punitive
Measures VS
Positive Reinforcement
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1977 Mine ActThe Mine Act requires MSHA to make
at least four complete inspections of all
underground operations yearly and at least two
surface mine inspections a year.
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Quoted from www.MSHA.gov facts page
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How can we make it work? OSHAs VPP
Model
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Voluntary Protection Programs (VPP)Cooperative
Govt/Industry program that recognizes exemplary
safety and health programs
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OSHAs VPP ProgramEffective Safety and
Health Management 1. Management leadership
employee involvement 2. Worksite
analysis 3. Hazard prevention and control 4.
Safety and health training
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OSHAs VPP Program Difficult Entry
Requirements 1. Must meet stiff SH performance
criteria 2. Must document complete management
safety system 3. Must involve all levels
of mgmt and workers 4. Rigorous onsite
evaluation
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OSHAs VPP Program Benefits for
Participants 1. Superior SH program 2.
Cooperative (not punitive) relationship with
the regulatory agency 3. Status (bragging
rights) in the industry 4. Exemption from
scheduled inspections 5. Ability to share
successful programs 6. Improved labor
relations 7. Bottom line financial performance
improvement
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OSHAs VPP Program Benefits for Agency
1. Improved safety performance 2. Inspection
manpower savings 3. Successes breed success
4. Improved agency/industry relations 4. Agency
viewed more as partner/helper not
policemen
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OSHAs VPP Program Results Average
participants safety performance (incidence
rate) is 50 below industry average.
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Challenge to MSHADevelop a VPP type program for
outstanding operators byJanuary 2012
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Challenge to Miners and OperatorsBegin to run
safety management programs that would qualify for
VPP
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Challenge to AllStop complaining!Get
serious!Make it work!
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More info aboutOSHAs VPPhttp//www.osha.gov/dc
sp/vpp/index.htmlclick All about VPPor
Application packet
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My contact info Richard H. BlackRHB Training
and Consulting Servicesrichardblack.cmsp_at_yahoo.co
m610-587-8500
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