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Behavioral Safety and Situation Awareness: Union Approach to Understanding and Addressing Management Safety Programs

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Title: Behavioral Safety and Situation Awareness: Union Approach to Understanding and Addressing Management Safety Programs


1
Behavioral Safety and Situation Awareness Union
Approach to Understanding and Addressing
Management Safety Programs

2
  • Whats happening in your workplace thats
    causing or contributing to your members being
    injured, made ill and/or stressed on the job?
  • Downsizing/Fewer workers
  • More work Intensified work/increased work
    load/job combinations
  • Longer, crazier hours/fatigue
  • Working alone
  • Lack of maintenance
  • Lack of adequate training
  • (and much more)
  • Doing more (work) with less (people)
  • LEAN comes to the Railroad

3
Are U.S. Workplaces Getting Healthier/Safer?
  • BLS Data shows significant and steady decline in
    job injury/illness rates -- from 8.9 cases per
    100 full-time employees in 1992 to 3.5 cases per
    100 full-time employees in 2011
  • This is a 60.7 decline in recordable injury
    rates between 1992 and 2011

4
  • It is extremely unlikely that injury rates would
    plummet like this.
  • Susan Baker, Professor, Johns Hopkins
    Bloomberg School of Public Health

5
Non-fatal Rail Worker Injuries
  • 2010 4,424
  • 2011 4,222
  • 2012 3,938
  • 2013 (to date)2,353

6
Government Accountability Office Report, 2009
  • More than 2/3s of occupational health
    practitioners observed worker fear of
    disciplinary action or job loss for reporting
    their job injuries
  • Over ½ of occupational health practitioners said
    they were pressured by employers to downplay an
    injury to avoid it being a recordable injury.
  • 1/3 of occupational health practitioners said
    they were pressured by employers to provide
    insufficient treatment to injured workers
  • http//www.gao.gov/new.items/d1010.pdf

7
ACCIDENT REPORT
  • The Accident Worker was stung by a bee
  • Question on Employers Accident Report Form
  • What did the affected employee do or not do
    that contributed to the accident? Why do you feel
    their actions contributed to the accident?
  • The Answer
  • The employee should have been aware that a bee
    had landed on his shirt and taken the appropriate
    steps to remove the bee without being stung.

8
Management Has a Plan for Reorganizing
WorkIts Happening Everywhere,Its Hurting
Our Members and Its Weakening Our Unions
9
Key Work Process Trends
  • Standardization/De-Skilling
  • Intensification/Lean/Speed-up
  • Multi-Skilling/Job Combination/Flexibility
  • Automation/New Technologies
  • Monitoring
  • Contracting Out/Outsourcing

10
From 10 workers with downtime/ micro-breaks
To 7 workers with little downtime/ micro-breaks
11
Multi-skilling Multi-tasking Flexibility Job
Combination Operator Maintenance And other
duties as assigned
12
Monitoring
On your ankle
In your truck
In your face
Under your skin
In your pocket
13
  • Work that has been
  • Standardized
  • Analyzed
  • Automated
  • Simplified

Is work that is easier to Contract Out or
Outsource
14
All of these trends have negative impacts on
union members
  • Speed-up, Stress, Fatigue
  • Job Insecurity/Job Loss
  • Increased tension between workers/violence
  • Loss of Skill
  • Low Morale
  • Repetitive Strain Injuries
  • Job Injury, Illness and Death

15
Injury and Illness BY Design
16
All of these trends also have negative impacts on
union strength
  • Elimination of Skilled Work
  • Loss of Security/Bargaining Leverage
  • Isolation of Members/Loss of Solidarity
  • Division/Loss of solidarity
  • Loss of Jobs, Members and Dues
  • Drain on Union Resources
  • Loss of Faith in the Union

17
Fear, along with various restructuring programs
are used to get the workforce to
  • Accept the idea of Change, and
  • Contribute our ideas and knowledge to
    Managements Plans for change

18
They use techniques we call the Tricks and Traps
to get us to go along
  • Brainstorming
  • Language
  • Improvement
  • Empowerment
  • The Myth of Common Goals

19
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20
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21
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22
If you are not at the table, you will be on
the menu.
23
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24
Behavior-Based Safety/Blame-the-Worker Programs,
Policies and Practices
  • Safety Incentive Programs
  • Injury Discipline Policies
  • (e.g. Accident Repeater Programs)
  • Post-injury Drug Testing for all injuries
  • Signs tracking lost-time or recordable injuries
  • Management bonuses for low/no injuries
  • Behavioral Safety Observation Programs

25
The fact is, it is not easy for an individual to
have a serious injury in todays workplace.
  • David Bradford,
  • American Society of Safety Engineers, Behavioral
    Safety Symposium 2001

26
Who Sells Behavioral Safety?
  • Behavioral Science Technology (BST)
  • DuPont STOP
  • SafeStart
  • E. Scott Gellers Safety Performance Solutions
  • ProAct Safety/Lean BBS
  • Terry McSweens Quality Safety Edge
  • Michael Topfs Safor Program
  • Safety Pays
  • Aubrey Daniels (formerly B-Safe Program now
    ADI)
  • Liberty Mutual Insurance Cos MVP Program
  • FDR Safety (Fred Rine, CEO Jim Stanley,
    President)
  • Bill Sims Safety Incentive Programs
  • Structured Safety Process
  • MoveSmart
  • Latent Safety Analysis
  • PTAS
  • JMJ Associates

27
88 of all injuries on the job arecaused by
workers unsafe acts
  • Originated from H.W. Heinrich
  • Insurance investigator (Travelers Insurance
    Company)
  • Studied supervisor accident reports (1931)
  • Drew conclusions from supervisor- recommended
    corrective actions

1930s Safety Theory -- BST (80-95) and DuPont
(96) call it leading edge
28
Fatalities
Lost Time Cases
Recordables
Medical Visits/First Aid Cases
Unsafe Behaviors/Unsafe Acts
1930s Safety Theory -- BST DuPont call this
Cutting-Edge Technology - we call it folk lore!
29
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30
In order to have an unsafe or at-risk
behavior, what must be present?
  • A HAZARD

31
All work-related injuries and illnessesare the
result of exposure to hazards. There are no
exceptions!
32
Health and Safety Process Model
Evaluation
Identification
Control
  • Data Analysis
  • Injury/Illness Logs
  • Medical Visits
  • Surveys and Questionnaires
  • Interviews
  • Worker Complaints
  • Government Regulations
  • Inspections/Audits

Prioritize Hazards Risk Analysis
Select Controls Based Upon Hierarchy
33
Hierarchy of Controls
34
Behavior Based Process Model
Duck!
Evaluation
Identification
Data Analysis Worker Observations Interviews Inspe
ctions/Audits
Risk Analysis
Duck Dodge Jump Out of the Way Lift Safely Wear
PPE Avoid Line of Fire Eyes on task
35
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36
Consequences Of A Behavior Based Program Is To
Turn The Hierarchy Upside Down
They Say, Most Effective
Personal Protective Equipment
Training and Procedures
Warnings
Engineering Controls
Elimination /or Substitution
Not even up for discussion
37
Why eliminate the hazard when you can buy
personal protective equipment?
38
Common Behavioral Observation Program Elements
  • Critical behavior lists
  • Workers observe workers
  • Training for observers
  • Frequent observations of workers to
  • identify at unsafe behaviors
  • Heavy emphasis on PPE, body position
  • and line of fire
  • Commitment of resources

39
BBS is Based on Two Flawed and Discredited
Theories
  • H.W. Heinrich (88 of job injuries caused by
    unsafe acts) (See Reviewing Heinrich Dislodging
    Two Myths from the Practice of Safety by Fred
    Manuele, P.E., C.S.P., Professional Safety, Oct.
    2011)
  • B.F. Skinner (reinforcement theory derived from
    experiments with rats, pigeons and other vermin
    and then applied to human beings -- see Alfie
    Kohns book Punished by Rewards)

40
Changing At-Risk Behavior Process at Union
Pacific
  • Changing At-Risk Behavior (CAB) is a safety
    process that is being conducted at Union
    Pacifics San Antonio Service Unit (SASU) with
    the aim of improving road and yard safety. CAB is
    an example of a proactive safety risk-reduction
    method called Clear Signal for Action (CSA) by
    the Federal Railroad Administration (FRA) Human
    Factors Program within the Office of Research and
    Development. CSA combines behavior-based safety,
    continuous improvement, and safety leadership
    development. With sponsorship from FRA,
    Behavioral Science Technology, Inc. is
    instructing and advising on the implementation of
    CAB.
  • http//www.fra.dot.gov/downloads/Research/rr09
    19.pdf

41
Public Law 110-432-Oct. 16, 2008Federal Rail
Safety Improvements Act
  • An Act to amend title 49, United States Code,
    to prevent railroad fatalities, injuries and
    hazardous materials releases, to authorize the
    Federal Railroad Safety Administration, and for
    other purposes.

42
Public Law 110-432-Oct. 16, 2008Federal Rail
Safety Improvements Act
  • Sec. 20156. Railroad Safety Risk Reduction
    Program
  • (a)(2) Reliance on Pilot Program The Secretary
    may conduct behavior-based safety and other
    research, including pilot programs, before
    promulgating regulations under this subsection
    and thereafter. The Secretary shall use any
    information and experience gathered through such
    research and pilot programs under this subsection
    in developing regulations under this section.

43
So putting up a guard might in fact encourage
them (workers) to get closer to the hole thats
being guarded, or encourage them to take more
risks because of the extra perceived safety by
that guard.E. Scott Geller, NACOSH Meeting,
Washington D.C. , April 9, 1997
44
Management uses techniques we call the Tricks and
Traps to get us to go along with BBS
  • Language
  • Safety Culture
  • Human Factors

45
Changing Safety CultureInterventions
  • Behavior Based Safety
  • Safety Rules Revision
  • Close Call Reporting Systems
  • Executive Coaching
  • Line Operation Safety Audit
  • Safety Culture Survey Guided Development
  • Self Analysis
  • Negotiated Rule Making
  • Safety Culture, Sponsored by the FRA RDV-30,
    Volpe National Transportation Systems Center TRB
    Human Factors in Transportation Workshop 105,
    January, 2003
  • http//www.fra.dot.gov/Elib/Details/L03570

46
  • What Human Factors is NOT
  • Human factors refers broadly to the role
    of human participation in any system and to the
    ways in which human beings contribute toward
    system performance, both positively and
    negatively.
  • FRA supports advances in safety culture by
    supporting human factors research and
    demonstration programs. One example of an
    FRA-sponsored human factors demonstration program
    is called Changing At-risk Behavior
  • Congressional testimony (2006) of FRA
    Administrator Joseph Boardman

47
What IS Human Factors?
  • Human Factors is a body of knowledge about
    human abilities, human limitations, and other
    human characteristics that are relevant to
    design. Human factors engineering is the
    application of human factors information to the
    design of tools, machines, systems, tasks, jobs,
    and environments for safe, comfortable and
    effective human use.
  • Professor Alphonse Chapanis
  • Founding Father, Human Factors Engineering

48
  • Everyone, and that includes you and me, is at
    some time careless, complacent, overconfident,
    and stubborn. At times each of us becomes
    distracted, inattentive, bored, and fatigued. We
    occasionally take chances, we misunderstand, we
    misinterpret, and we misread. These are
    completely human characteristics.

Al Chapanis, Professor Emeritus, Human
Factors Engineering Department, Johns Hopkins
University
49
  • Because we are human and because all these
    traits are fundamental and built into each of us,
    the equipment, machines and systems that we
    construct for our use have to be made to
    accommodate us the way we are, and not vice
    versa.

Al Chapanis, Professor Emeritus, Human
Factors Engineering Department, Johns Hopkins
University
50
Close clearance
Tracks repositioned to eliminate the hazard.
51
Statement of NTSB Chairman Hersman,
speaking at 2/26/2013 NTSB investigative hearing
on the 6/24/2012 head-on collision between two
Union Pacific trains near Goodwell, OKSince
I joined the Board in 2004, the NTSB has
investigated 22 other train accidents that took
57 lives, injured more than 1,000, caused
millions of dollars in damages, and that all
could have been prevented or mitigated by
positive train control.
52
Mineral Springs, NC Chatsworth, CA Goodwell,
OK
  • How many more times are we going to meet here in
    this room to talk about train collisions that
    could have been prevented by previously
    identified technology? Had PTC Positive Train
    Control been in place, this crash would almost
    certainly have been avoided.
  • Deborah A.P. Hersman, NTSB Chairman, Opening
    Remarks at NTSB Board Meeting on 6/18/2013 -
    Collision Involving Two Freight Trains, Goodwell,
    OK on June 27, 2012

53
  • Human Factors is NOT about changing behaviors
    its about designing equipment, jobs and
    workplaces for human beings

54
Disincentives to Reporting Injuries and Illnesses
  • Awards (prizes and money) for not have a
    recordable or lost time case (or having a low
    rate)
  • Discipline and/or counseling issued after workers
    are injured
  • Drug testing after every injury
  • Peer pressure

No Injuries
55
INJURY DISCIPLINE(Situational Awareness)
  • Our manager likes to give out written warnings
    for employees who get hurt. The usual reason is
    not aware of your surroundings. The latest one
    came for an employee who received a laceration on
    the finger while moving a piece of equipment. He
    had all of the required PPE. Even after a
    management investigation revealed that they did
    not have the proper device to make this equipment
    move, he received a written warning for not
    properly evaluating the situation.

56
WORK RULE 24
  • You must work carefully.

57
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58
Hazardous conditions that we know about can be
difficult to correct.
Hazardous conditions that we dont know about are
impossible to correct.
59
  • Ending/Preventing
  • Behavior-Based Safety/Blame the Worker Safety
    Programs, Policies and Practices

60
  • Educate Union Leaders and Members
  • Behavior-Based Safety is a Hazard it must be
  • Eliminated!

61
  • HIDDEN TRAGEDY
  • Underreporting of Workplace Injuries and Illness
  • A MAJORITY STAFF REPORT BY
  • THE COMMITTEE ON EDUCATION AND LABOR
  • US HOUSE OF REPRESENTATIVES
  • THE HONORABLE GEORGE MILLER
  • CHAIRMAN
  • JUNE 2008

62
  • Hearing Before the House Comm. on Transportation
    and Infrastructure, 110th Cong., (2007)
  • The Impact of Railroad Injury, Accident, and
    Discipline Policies on the Safety of America's
    Railroads - Some of the techniques used by
    railroad management include
  • "Risky" employee assessments Employees are
    placed in disciplinary jeopardy by being assigned
    points for safety incidents, rule infractions,
    and injuries regardless of the cause, often
    before an investigation is done.
  • Targeting employees for increased monitoring and
    testing Injured employees are "targeted" for
    close supervisor scrutiny, where minor rule
    infractions result in employee termination
    following injuries.

63
  • Supervisors discouraging employees from filing
    accident reports Front-line supervisors often
    try to subtly prevent employees from filing
    injury reports and/or lost workday reports in an
    attempt to understate or minimize on-the-job
    injury statistics
  • Supervisors attempting to influence employee
    medical care Railroad supervisors are often
    accused of trying to accompany injured employees
    to their medical appointments to try to influence
    the type of treatment they receive. In addition,
    they try to send employees to company physicians
    instead of allowing them to choose their own
    treatment providers.

64
  • Light duty work programs v. injury leave Injured
    employees are required to come to work, often
    doing nothing but sitting in an empty room and
    allowing carriers to minimize the required
    reporting of lost work days.
  • Availability policies These policies require
    employees to work a certain number of days per
    year. If the employee cannot work the required
    number of days, he or she is no longer a
    full-time employee.
  • Supervisor compensation Some companies base
    management compensation upon performance bonuses,
    which can be based in part upon recordable injury
    statistics within their supervisory area.

65
Federal Railroad Safety Act (FRSA)49 U.S.C.
20109
  • 20109. Employee Protections.
  • In general.--A railroad carrier may not
    discharge, demote, suspend, reprimand, or in any
    other way discriminate against an employee if
    such discrimination is due, in whole or in part,
    to the employee's lawful, good faith act done, or
    perceived by the employer to have been done or
    about to be done
  • (4) to notify, or attempt to notify, the railroad
    carrier or the Secretary of Transportation of a
    work-related personal injury or work-related
    illness of an employee

66
3/12/2012 OSHA MemorandumEmployer Safety
Incentive and Disincentive Policies and Practices
  • Reporting a work-related injury or illness is a
    core employee right, and retaliating against a
    worker for reporting an injury or illness is
    illegal discrimination.
  • Employer Policies/Practices that Could be Illegal
    (depending on the specifics of the
    policy/practice)
  • Injury Discipline
  • Discipline for Untimely Reporting of Injuries
  • Discipline for Violating a Safety Rule
  • Certain Safety Incentive Programs
  • Violations could be of OSHA 11(c), FRSA or other
    whistleblower program or OSHAs Recordkeeping
    Rule

67
Now You See It --
  • 98 years of the E.H. Harriman Awards
  • And now you dont!

68
Recent Whistleblower Awards for Rail Workers who
were Retaliated Against for Reporting Injuries
  • 269,707 to conductor, and 154,694 to carman at
    Illinois Central RR for retaliation after
    reporting injuries (6/19/2012)
  • 38,561 to switchman for Union Pacific RR for
    retaliation after reporting injury (6/25/2012)
  • 300,000 to rail worker at Norfolk Southern
    Railway for retaliation after reporting injury
    (8/8/2012)
  • 932,000 to switchman and trackman at Norfolk
    Southern Railway for retaliation after reporting
    injuries (8/12/2012)
  • 288,000 to rail worker at Norfolk Southern
    Railway for retaliation after reporting injury
    (11/29/2012)
  • 1.1 million to 3 workers at Norfolk Southern
    Railway for retaliation after reporting injuries
    (2/28/2013)
  • 309,000 to conductor at Union Pacific RR for
    retaliation after reporting a co-workers injury
  • 350,000 to rail worker at Union Pacific RR for
    retaliation after reporting injury (3/12/2013)

69
  • Negotiate Provisions in Collective Bargaining
    Agreements
  • The employer shall not discriminate or
    retaliate in any way against an employee who
    reports a work-related injury or illness reports
    a safety or health problem files a health or
    safety complaint requests access to health or
    safety records violates a safety rule, absent
    malice or reckless intent and/or otherwise
    exercises any other health or safety right
    afforded by local, state or federal law and/or by
    this collective bargaining agreement.

70
The ORANGE VEST Strategy
71
  • Exercising Leverage/Involving Members
  • Distribute Stickers/Buttons/T-shirts
  • Observe HAZARDS Make and use your own checklist
  • Use Safety Health Complaint form booklets
  • Use Specifically Observe Bosses Form

72
Phillips Chemical Company, Pasadena, Texas 1989
  • Had just completed 5,000,000 hours
  • without a lost time injury
  • Explosion and fire
  • 23 dead
  • 232 injured

73
  • It has been 14 days since Local xxx told
    management to fix insert name/description of
    hazard and they still have not addressed this
    problem...

74
  • It has been 15 days since Local xxx told
    management to fix name/description of hazard
    and they still have not addressed this problem...

75
Measuring Success in Workplace Health and Safety
  • How many hazards/hazardous conditions have been
    identified?
  • How many hazards/hazardous conditions have been
    eliminated?
  • How many hazards/hazardous conditions have been
    reduced (using the Hierarchy of Controls)
  • How long did it take from when the hazard was
    identified to when it got addressed?

76
Union View - Identify Hazards A hazard is a
condition or set of circumstances that can cause
harm
  • Ergonomics-posture, force, repetition
  • Lifting
  • Slips, Trips, Fall
  • Fire
  • Radiation
  • Excessive hours of work
  • Inadequate staffing
  • Production pressures
  • Crushing
  • Shearing
  • Noise, vibration
  • Chemical, gases, fumes, mists, dusts
  • Entanglement
  • Pinch point
  • High pressure
  • Electrical

77
Why Not Accept Systems with Behavior-Based Safety
(BBS)?
  • BBS is not about safety
  • BBS is about shifting blame and focus -- from
    employers ( hazardous conditions) to workers (
    unsafe acts)
  • BBS is about power and control (management will
    allow freedom within fences)
  • There is no room for unions collective thinking
    approach in BBS
  • BBS is a long-term union-busting strategy

78
  • Caution Behavioral Safety/Blame the Worker
    Programs Are Hazardous to Health Safety and to
    Solidarity!

79
Whose behavior needs to be changed to improve
health safety in your workplace?
80
Additional Resources
  • www.hazards.org/bs
  • Punished by Rewards by Alfie Kohn
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