Look for KTL October 15-17, 2024 at UW-Madison’s 36th Annual Product Liability Conference in Madison, WI. The Conference presents current and emerging product liability prevention practices. KTL will be leading the following session as part of the Conference agenda:

Creating a Safety Culture: Tools and Strategies for Growth
Session 6 | Presenters: Will Brokaw, MS, Consultant, and April Greene, CSP, CHMM, Consultant

Safety culture is the sum total of your organization’s values, beliefs, attitudes, and actions toward safety. It is often referred to as “the way we do things around here” regarding safety. Previous research has identified key attributes or qualities that positive safety cultures share. This presentation will review these key attributes, provide real world examples, and discuss tools and strategies organizations can use to assess and improve their existing safety culture.

Safety Focus

A strong safety culture has several characteristics in common. KTL’s research into the topic of safety culture has identified two traits that are particularly important to an effective safety culture: leadership and employee engagement. Best-in-class safety cultures have robust systems in place to ensure that each of these traits, among others, is mature, well-functioning, and fully ingrained into the standard practices of the organization.

Best Practices: Management Leadership

In its Recommended Practices for Safety and Health Programs, the Occupational Safety and Health Administration (OSHA) outlines best practices for implementing and maintaining a safety and health program. Management leadership is a core element. According to the guide, management provides the leadership, vision, and resources needed to implement an effective safety and health program. Management can exhibit this in several ways:

• Demonstrating a commitment to continuously improving workplace safety and health, including eliminating hazards and protecting workers.
• Making safety and health a core organizational value with associated safety and health goals and objectives.
• Establishing program expectations and responsibilities that engage employees.
• Providing adequate resources and support for the program
• Setting a good example when it comes to prioritizing safety and health.
• Communicating regularly with workers about the importance of workplace safety and health.

OSHA’s guide outlines four action items for management to “walk the talk” when it comes to safety and health:

1. Communicate your commitment to safety and health. Management should develop a clear, written policy that demonstrates safety and health is an organizational priority. The policy should be communicated to all workers and other relevant parties, be visible in the workplace, and be reinforced by management when operating the business.
2. Define program goals. These goals should focus on specific actions to improve workplace safety and health. Goals should be accompanied by assignments and timeframes to help ensure they are achieved.
3. Allocate resources. Resources may include employee time, supplies, training, tools, access to safety and health experts, funds, etc. Management should integrate safety and health into the planning and budgeting process to ensure resource needs can be met.
4. Expect performance. Employees need to be engaged to perform. Establish responsibilities, provide encouragement, recognize accomplishments, and set up channels for employees to speak freely about safety and health issues.

Characteristics of Strong Safety Leaders

To be a great safety leader, management must regularly demonstrate the value of safety. Strong safety leaders demonstrate the following characteristics:

• Caring. First and foremost, safety leaders care deeply about their people. Caring is about doing whatever is necessary to ensure employees return home safely every night. It involves showing concern for the personal safety of individuals, not just making a commitment to the overall idea of safety.
• Vision. Senior management sets the strategic goals and vision for the company’s safety program. Strong leaders can visualize what safety excellence looks like, how to achieve it, and how to communicate about it.
• Commitment and Action. When it comes to safety, actions truly speak louder than words. A lack of commitment, as demonstrated by action (or lack thereof), comes across loud and clear to staff. For example, requiring staff to work excessive hours or use defective parts to meet productivity goals sends a clear message that productivity is more important than safety.
• Communication. Safety leaders not only communicate the strategy clearly to the workers who carry out the company’s mission, they also incorporate safety into regular communications and engage workers in discussions about safety and health.
• Collaboration and Cooperation. Safety works best if management and workers are on the same team. Cooperation means working together to develop a strong safety program (e.g., management involving line workers in creating safety policies and procedures). It means management seeks feedback from workers about safety issues—and uses that feedback to make improvements.
• Recognition and Accountability. Effective leaders will foster the sense that every person is responsible for safety throughout the organization. They use recognition to positively reinforce safe behaviors vs. blame when incidents occur.
• Credibility and Trust. Trust in the safety program and in each other is built when leaders demonstrate these characteristics and safety is treated as a company-wide priority.

Strong safety performance is a cornerstone of any business. Management plays a key role in establishing a modeling a best-in-class safety culture where people want to work safely. These cultures can lead to:

• Fewer accidents, losses, and disruptions.
• Improved employee morale.
• Increased productivity.
• Lower workers compensation and insurance claims.
• Improved compliance with OSHA regulations.
• Improved reputation to attract new customers and employees and retain existing ones.
• Better brand and shareholder value.

Safety Focus

Food chemical safety is an area that is becoming a growing public concern, especially with states including California, Illinois, and New York challenging the safety of certain food additives and other chemicals used in food. Is food safe to eat if it has chemicals?

Chemical Presence in Food

The truth is…all our food is made up of chemicals. Some naturally exist in whole foods and provide nutrition. For example, the potassium in bananas is a chemical. Some chemicals, like environmental contaminants, get into food when crops absorb them from soil, water, or air.  Process contaminants (e.g., undesired chemical byproducts) can also form during food processing, particularly when heating, drying, or fermenting foods.

Chemicals may also be added to food for a variety of reasons:

• Create additional nutritional benefits (e.g., vitamins A and D being added to milk).
• Provide protection from pathogens that could make people sick.
• Enhance food by adding flavor, improving texture, and changing appearance.
• Preserve quality by preventing spoilage or extending shelf life.

FDA Authorization

The Food and Drug Administration (FDA) must authorize any chemical added to food for use as a food or color additive before it may be used, unless the substance is generally recognized as safe (GRAS). Through its pre-market review programs, FDA reviews all relevant information about the chemical before providing its authorization, including information about:

• The identity of the chemical, including its chemical structure and data on other similar substances.
• How the substance will be used, its level of use, and the amount people may be exposed to in food.
• Toxicology, safety data, and other information to show the substance is safe at calculated exposure levels.

How Much Is Too Much?

The presence of a chemical does not determine whether a food is safe to eat. Rather, it is the amount that counts.

FDA scientifically assesses the safe amount of a chemical in food by comparing how much chemical is in the food and how much someone is likely to consume daily with other safety data to determine whether a food is safe to eat. Any chemical has the potential to be harmful at a certain level, which is why this multi-pronged evaluation and extensive calculations are important.

FDA determines an Acceptable Daily Intake level for the chemical. This level has a “built-in” safety margin to ensure the allowable daily amount is actually much lower than the level known to have a possible adverse health effect.

When Food Chemicals Become Unsafe

Authorized chemicals normally used in foods as additives and preservatives can become hazardous when they are unintentionally added or are present beyond the established limits. When this happens, it can cause immediate illness and/or long-term health effects on consumers. FDA monitors the food supply for chemical contaminants and takes action when the level of a contaminant causes a food to be unsafe. Situations such as this result in food safety alerts, recalls, and withdrawals from the market.

FDA helps safeguard the food supply by evaluating the use of chemicals as food ingredients and substances that come into contact with food (e.g., packaging, storing, handling). But ultimately, food manufacturers are responsible for marketing safe foods and ensuring that they meet FDA requirements. The manufacturers are required to implement preventive controls to significantly minimize or prevent exposure to chemicals in foods that may be hazardous to human health.

More information can be found on food chemical safety at the following websites:

• https://www.fda.gov/food/food-ingredients-packaging/food-chemical-safety
• https://www.fda.gov/food/food-ingredients-packaging
• https://www.fda.gov/food/buy-store-serve-safe-food/chemicals-foods-facts
• https://www.fda.gov/consumers/consumer-updates/food-safe-if-it-has-chemicals

Safety Focus

Workplace safety and health goes beyond the physical. A strong safety culture focuses on the whole person—and that includes ensuring psychological safety.

What is psychological safety?

Psychological safety is the shared belief that it is okay to take risks, express concerns and ideas, ask questions, speak up, and admit mistakes in the workplace without fear of being punished or humiliated. According to Amy Edmondson, PhD, Professor at the Harvard Business School, psychological safety is “felt permission for candor.” It allows employees the freedom to brainstorm, challenge the status quo, share feedback, take calculated risks, be vulnerable, and work through disagreements together.

Psychological safety brings in four different dimensions:            

• Willingness to help: Employees are comfortable asking for help and trust that their colleagues are willing to provide it.
• Inclusion and diversity: Employees feel included and like their diverse experiences are accepted and valued.
• Attitude to risk and failure: Employees view mistakes as opportunities to learn and grow versus failures to be punished.
• Open conversation: Employees perceive conversations as open and candid; they feel safe speaking up and contributing to discussions.

Psychological safety develops over time. As organizations build greater psychological safety, they move through the following stages:

Why is psychological safety important?

Psychological safety is a critical concept for building effective teams and, many would argue, a critical concept for encouraging workplace innovation and success. According to the Center for Creative Leadership research, teams with high degrees of psychological safety report higher levels of performance and lower levels of interpersonal conflict. This is because employees who feel their workplace is psychologically safe are more willing to engage in behaviors that contribute to greater organizational innovation, including:

• Taking appropriate, thoughtful risks.
• Admitting, discussing, and learning mistakes.
• Openly confronting concerns and tough issues.
• Seeking help and feedback from others.
• Trusting other team members and believing they are there to support them.
• Trusting that they are a valued member of the team whose voice matters.

As psychological safety matures in a workplace, the benefits become more prevalent:

• More engaged team members. When employees can speak up without fear of retribution and feel like their contributions matter, they become more motivated.
• Better and more innovative decision-making. Diverse people voicing their opinions and concerns leads to more diverse perspectives being considered, providing the opportunity for innovation and more informed decision-making.
• A culture of continuous learning and improvement. Teams and individuals grow by sharing mistakes and turning them into opportunities to learn and make changes.

When an organization does not embrace psychological safety, there can be negative impacts on the overall performance of the organization and employee well-being, including stress, burnout, and turnover.

How do I create a psychologically safe workplace?

According to Edmondson, “Leaders must prioritize a culture of learning and innovation for team members to be comfortable speaking up, taking risks, and sharing information…It emerges with effort and curiosity and care.”

A lot goes into creating a psychologically safe environment—and building this culture takes time, focused attention, and good management practices, including the following:

• Make psychological safety a priority. Talk openly with your team about the importance of creating a psychologically safe workplace. Answer questions, dispel misconceptions, explain benefits, and connect it to the higher purpose of the organization innovation.
• Model the behaviors you want to see. Lead by example. Show how to raise concerns and tough issues in a constructive manner. Admit your own mistakes so others feel free to do so; normalize vulnerability.
• Facilitate everyone speaking up. Show genuine curiosity, be open-minded, encourage honesty, and actively listen when someone is willing to challenge the status quo. Make an intentional effort to promote dialogue by asking open-ended questions to get people to feel comfortable speaking up.
• Establish norms for how mistakes are handled. Use mistakes as opportunities for growth; encourage learning from failure by building lessons learned into every project. Do not punish mistakes, experimentation, and reasonable risk-taking.
• Be supportive. Show you are willing to explore out-of-the-box ideas. Embrace productive conflict. Promote constructive debate. Work to resolve conflicts productively. Employ a zero-tolerance policy for any employee deliberately undermining the efforts of another employee.
• Celebrate wins. Acknowledge what is going well, share credit, applaud people’s efforts, and appreciate thoughtful risk-taking. Publicly recognizing and celebrating the unique skills/talents of each team member will build trust and mutual respect.
• Continually reassess. It requires ongoing work and effort to keep your organization psychologically safe. Solicit feedback and track whether you are achieving the results you want.

How do I assess my workplace’s psychological safety?

Edmondson has created a seven-question survey that can be administered anonymously to measure your workplace’s psychological security:

1. If you make a mistake on this team, will it be held against you?
2. Are the members of this team able to bring up problems and tough issues?
3. Do members on this team sometimes reject other members for being different?
4. Is it safe to take a risk on this team?
5. Is it difficult to ask other members of this team for help?
6. Would anyone on the team deliberately act in a way that undermines efforts?
7. Working with members of this team, are unique skills and talents valued and utilized?

Psychological safety is not about being nice. Many polite workplaces are not considered psychologically safe, because there is no opportunity for candor and people feel silenced by politeness. It is also not about feeling comfortable all the time. Yes, employees should feel comfortable speaking up, but pointing out mistakes, expressing concerns, and sharing opinions can feel very uncomfortable. Being vulnerable feels risky to most. A psychologically safe culture allows employees to take these risks in a safe environment without negative interpersonal consequences.

More information can be found on psychological safety at the following websites:

• https://www.ccl.org/articles/leading-effectively-articles/what-is-psychological-safety-at-work/
• https://hbr.org/2023/02/what-is-psychological-safety
• https://www.apa.org/topics/healthy-workplaces/psychological-safety
• https://online.hbs.edu/blog/post/psychological-safety-in-the-workplace

Safety Focus

According to the American Staffing Association, America’s staffing companies hire approximately 16 million temporary and contract workers per year. These temporary workers are being more highly utilized than ever before, performing light and heavy industrial labor and other jobs with more complexity and, subsequently, greater health and safety risks. Temporary workers can add value to many businesses; however, using temporary workers should not be considered a cheap or easy fix.

Rights and Responsibilities

Temporary workers are those workers who are supplied to a host employer and paid by a staffing agency. The host employer and staffing agency are joint employers, which means both are responsible for providing and maintaining a safe working environment for temporary workers.

Under the Occupational Safety and Health (OSH) Act, all workers—including temporary employees—have the right to a safe and healthy workplace. To further protect temporary workers, the Occupational Safety and Health Administration (OSHA) launched the Temporary Worker Initiative in 2013, which focuses on ensuring compliance with the OSH Act. The Initiative addresses some common risks associated with joint employment and offers resources in plain language on topics such as health and safety training, recordkeeping, personal protective equipment (PPE), and hazardous communication.

Best Practices

Because temporary workers are jointly employed, the host employer and staffing agency have different health and safety responsibilities, some of which overlap. When hiring temporary workers, effective communication and understanding of responsibilities is vital to ensure workers are adequately protected.

The National Institute for Occupational Safety and Health (NIOSH) and the National Occupational Research Agenda (NORA) Services Sector Council—in partnership the American Society of Safety Professionals (ASSP), the American Staffing Association (ASA), and the Safety and Health Assessment and Research for Prevention (SHARP) program—published Protecting Temporary Workers: Best Practices for Host Employers as a guide to help staffing agencies and host employers better protect the health and safety of temporary workers.

The best practices are organized into the following three sections, each with a checklist to help guide the host employer in its health and safety efforts:

1. Evaluation and contracting. Before commencing employment, the staffing agency and host must evaluate all facets of safety and health for the job(s) temporary workers are hired to perform.  This includes reviewing all worksites, conducting a joint risk assessment, performing a job hazard analyses, and identifying any necessary training and protection required. Staffing agencies need to be aware of what conditions exist at the worksite, potential hazards that may be present, and how to ensure workers’ protection. This should all be specified in a written contract along with job details, communication responsibilities, injury and illness reporting responsibilities, and other aspects of workplace health and safety. Host employers should also include the staffing agency and temporary employees in any routine supplier or vendor evaluations of performance to minimize liability risks.
2. Training for temporary workers and their worksite supervisors. Training is paramount. OSHA requires site- and task-specific safety and health training on approved tasks, hazard identification and control, PPE, OSHA laws/rights, emergency procedures, reporting health and safety concerns/incidents, accessing secure sites, safety and health program participation, etc.  Generally speaking, providing this training is a shared responsibility. Staffing agencies conduct general safety and health training that is applicable to different occupational settings; the host provides site-specific training tailored to the hazards and conditions of the workplace. Supervisors should also be trained on approved tasks for temporary workers, process for changing job tasks, mentoring and supervision, OSHA laws, communication and reporting, and joint responsibilities of the host and agency. It is important to make sure supervisors are updated on any changes in temporary worker’s approved tasks and that they understand their responsibility and authority to correct any actions or behaviors that are unsafe.
3. Injury and illness reporting, response, and recordkeeping. There should be a procedure for sharing illness and injury information between the joint employers. The host must also set up a method for employees to report work-related injuries and illnesses. If a temporary worker experiences and injury or illness, the host must inform the staffing company of the injury/illness, report it to OSHA, complete required recordkeeping (i.e., OSHA 300 log), conduct a joint investigation with the staffing agency, and coordinate medical treatment/return to work. The host should also have a program to reduce the number and severity of workplace injuries and illnesses and ensure that temporary workers are trained and participate in it.

Research indicates that temporary workers may be more at risk of work-related injury than permanent employees. As temporary workers become a bigger segment of the labor market, temporary worker safety is becoming a larger and more critical issue. Host employers have the legal responsibility to provide all workers with safe and healthy workplaces. This requires recognizing the complex issues associated with employing temporary workers and ensuring they are provided the same rights and protections as permanent employees.

More information can be found on temporary workers at the following websites:

• https://www.osha.gov/temporaryworkers
• https://www.cdc.gov/niosh/newsroom/feature/protecting-temporary-workers.html
• https://www.cdc.gov/nora/councils/serv/protectingtemporaryworkers/host-employers.html

Safety Focus

Every worker in the U.S. has the fundamental right to safe and healthful working conditions. The Occupational Safety and Health Administration (OSHA) created the Occupational Safety and Health (OSH) Act for this specific purpose—to establish and enforce workplace health and safety standards that ensure workplace safety and health protection. Correspondingly, it is employers’ responsibility to provide a safe and healthful workplace that is free from serious recognized hazards, per the General Duty Clause of the OSH Act.

It is important for employees to know their rights and understand what to do if a working condition is unsafe or unhealthy. The following common workplace safety concerns address these rights:

• My workplace is unsafe. If you believe you are working in unsafe conditions (e.g., unsafe machinery, exposure to harmful chemicals, poor air quality, etc.), the first step is to bring those conditions to your employer’s attention. Workers may file a formal complaint with OSHA to request an inspection. Each complaint is evaluated by OSHA to determine whether it should be handled as an offsite investigation or an onsite inspection. Employees have the right for their identities to be kept confidential from employers when filing a complaint. If the environment presents risks of serious harm or death, you have the legal right to refuse to work.
• I don’t have the personal protective equipment (PPE) I need to do my job safely. With few exceptions, OSHA requires employers to provide and pay for PPE when it is necessary to protect employees from job-related injuries, illnesses, and fatalities. This may include hard hats, gloves, goggles, safety glasses, welding helmets and goggles, face shields, chemical protective equipment, and fall protection equipment.
• I don’t know what to do if I get injured at work. You have the right (and obligation) to report any work-related injury or illness. If you are injured, call a supervisor for help. If the supervisor is not available, get medical assistance or call 911. Many companies have procedures for injury response. All employers must notify OSHA within 8 hours of a workplace fatality or within 24 hours of any work-related inpatient hospitalization, amputation, or loss of an eye.
• I don’t know what the hazards are at my workplace. OSHA’s Hazard Communication Standard requires employers to inform and train workers about hazardous chemicals and substances in the workplace. This can be done through warning signs, color-coding, signals, Safety Data Sheets (SDS), and training. It is your right to have this information and to receive relevant training in your native language.
• I want to know my employer’s safety record. Current and former employees have the right to get copies of your medical records, see copies of the workplace injury and illness log, and review records of work-related injuries and illnesses. Employers must give the requester a copy of the relevant record(s) by the end of the next business day. In addition, employers must post a summary of the OSHA Form 300 injury and illness log for the previous year where workers can see it.
• I’m afraid to request a safety inspection or speak with a safety inspector. You have the right to request an OSHA inspection and to talk privately with the OSHA inspector before and after the inspection. A worker representative may also go along on the inspection.
• I was fired or threatened for reporting a safety issue. The OSH Act prohibits employers from retaliating against employees for exercising their rights to file a complaint with OSHA. This is known as whistleblower projection. These rights also cover seeking access to employee exposure and injury records, reporting a work-related injury, requesting an OSHA inspection, speaking to the inspector, and alerting your employer of a safety or health complaint. Whistleblower protection prohibits an employer from taking adverse actions against workers for exercising these rights. A whistleblower complaint must be filed with OSHA within 30 calendar days from when the retaliatory decision was made and communicated to the worker.
• Someone is employing children in an unsafe workplace. Federal child labor law generally prohibits employment of minors in nonagricultural occupations under the age of 14, restricts the hours and types of work that minors can perform under 16, and prohibits the employment of minors under the age of 18 in any hazardous occupation (including the use of unsafe machinery). Different child labor law standards apply to agricultural employment.

OSHA is committed to ensuring safe and healthful working conditions for workers by setting and enforcing standards and by providing training, outreach, education, and assistance. More information can be found on workers’ rights at the following websites:

• https://www.worker.gov/safety-rights/
• https://www.osha.gov/workers
• https://webapps.dol.gov/elaws/elg/osha.htm

The Occupational Safety and Health (OSH) Act of 1970 was enacted due to the rising concerns over the high rates of workplace injuries, illness, and fatalities in the United States. Prior to the OSH Act, industrial accidents were common. Reports of hazardous working conditions, coupled with the lack of comprehensive federal safety regulations, highlighted the need for a unified approach to workplace safety. During the 1960s, public and labor organizations further demanded better worker protection. The OSH Act was published to address these issues by establishing consistent safety standards, ensuring safer working environments, and reducing the risk of occupational injuries and deaths.

Since the early days of the OSH Act, occupational safety and health has evolved from being a regulatory obligation to being a core component of how successful companies are run. According to the Occupational Safety and Health Administration (OSHA), having a strong safety and health program can help create:

• Fewer accidents, losses, and disruptions by preventing workplace injuries and illnesses.
• Engaged employees and improved morale.
• Increased productivity and enhanced overall business operations.
• Lower workers’ compensation and insurance claims.
• Improved compliance with OSHA regulations.
• Improved reputation to attract new customers and employees and retain existing ones.
• Better brand and shareholder value that tie to social responsibility.

National Health and Safety Observations

Every year, the National Safety Council (NSC), National Institute for Occupational Safety and Health (NIOSH), and OSHA bring additional attention to occupational safety and health issues to help reinforce the importance of having a strong safety culture and to encourage employers and individuals to recommit to working and living safely.

Every June, NSC and NIOSH observe National Safety Month to encourage employers and individuals alike to be safety role models. This year’s focus areas include safety engagement; roadway safety; risk, reduction; and slips, trips, and falls.

Much like National Safety Month, OSHA’s Safe + Sound Week (August 12-18, 2024) is a nationwide event held each August that recognizes the successes of workplace health and safety programs and offers information and ideas on how to keep America’s workers safe. This year’s Safe + Sound Week is focused on providing resources for businesses to conduct Job Hazard Analyses (JHAs).

KTL’s Series on Investing in Safety

Throughout OSHA’s Safe + Sound Week this August, KTL will be featuring a series of articles and posts on our blog and social media (i.e., Facebook, LinkedIn, X) reinforcing these concepts from OSHA, NSC, and NIOSH and discussing why businesses should invest in safety. Topics will include the following:

• Workers’ rights
• Protecting temporary workers
• Psychological safety at work
• Food chemical safety
• Effective safety leadership

Watch for these articles! For more information on what your organization can do to participate and promote a strong safety culture, visit the websites for OSHA Safe + Sound Week and NSC National Safety Month.

In February 2021, the Occupational Safety and Health Administration (OSHA) proposed to modify the Hazard Communication Standard (HCS) to maintain conformity with the United Nations (UN) Globally Harmonized System of Classification and Labeling Chemicals (GHS) Revision 7, align certain provisions with Canadian and other U.S. agencies, and address issues with the 2012 HCS. Five years later, the final rule to update the HCS was published on May 24, 2024, and will take effect July 19, 2024.

HCS and GHS

The HCS was adopted by OSHA in 1983 to create a standardized approach for communicating about workplace hazards associated with hazardous chemical exposures. The standard requires chemical manufacturers and importers to classify the hazards of chemicals produced and/or imported to the U.S. and to communicate to employees about these chemicals through a Hazard Communication Program, which includes labels and other forms of warning, safety data sheets (SDS), and training. All employers with hazardous chemicals in the workplace must also have a Hazard Communication Program in place to inform employees about these hazards and protective measures.

Like the HCS, the GHS is an international standard that was created as a “universally harmonized approach” to classify chemicals and communicate hazard information. Warning pictograms that can be understood in any language are a key component of the GHS, in addition to universal standards for hazard testing criteria and SDSs. The UN updates the GHS every two years, with the most recent updates in 2023 with Revision 10.

Major Changes

OSHA’s recent HCS updates are the Administration’s first since 2012. The modifications are intended to:

• Improve hazard communication (e.g., precautionary statements) so employees are more aware of the hazards associated with potential chemical exposure and understand how to safely handle, store, and dispose of hazardous chemicals.
• Create a clearer hazard classification process to provide more complete hazard information on SDSs and labels.
• Incorporate new hazard classes and categories.
• Improve clarity and flexibility in requirements (e.g., small packages, packages released for shipment).

The table below highlights some of the updated HCS’s key changes.

Compliance Dates

OSHA is taking a phased approach to implementation and compliance with the HCS based on whether the organization handles chemical substances or mixtures. During the transition period between July 19, 2024 (effective date) and the dates below, facilities may either comply with the updated HCS, the 2012 version, or both.

Next Steps

While many of OSHA’s changes will provide additional flexibility to chemical manufacturers and importers, as well as alignment with GHS and international trading partners, the regulatory burden is not insignificant to those impacted. The fundamental structure of the HCS is not changing; however, the revisions will require companies to update SDSs, labels, and training. All of this will take appropriate and resources to meet deadlines. KTL can assist with creating plans and schedules for making these updates to help ensure your facility is ready by the applicable compliance date(s).

Effective February 23, 2024, the International Organization for Standardization (ISO) is integrating climate change considerations into all management system standards through its Climate Change Amendments. These Amendments ensure climate change impacts are considered by all organizations in their management system design and implementation.

ISO’s recent action supports the London Declaration on Climate Change of September 2021, which establishes ISO’s commitment to combatting climate change through its standards and publications. The aim of the recent Amendments is to make climate change an integral part of management systems design and implementation to help guide organizational strategy and policy.

What are the changes?

The Climate Change Amendments explicitly require climate change considerations in all existing and future ISO management systems standards, as incorporated into the Harmonized Structure (Appendix 2 of the Annex SL in the ISO/IEC Directives Part 1 Consolidated ISO Supplement). More specifically, the Amendments add the following two new statements to Annex SL for organizations to consider the effects of climate change on the management system’s ability to achieve its intended results:

• Clause 4.1: The organization shall determine whether climate change is a relevant issue, as it relates to understanding the organization and its context.
• Clause 4.2: NOTE: Relevant interested parties can have requirements related to climate change, pertaining to understanding the needs and expectations of interested parties.

The broad scope of these Amendments (i.e., impacting all standards) reflects ISO’s commitment to integrating climate considerations across diverse operational areas (e.g., environment, quality, safety, food safety, security, business continuity, etc.).

What do these changes require?

The original intent and requirements of Clauses 4.1 and 4.2 remain unchanged; however, the Amendments now require organizations to consider the relevance of climate change risks and impacts on the management system(s).

Potential climate change issues will likely differ for the various standards. The Amendments ensure these various risks are considered for each standard and, if actions are required, allow the organization to effectively plan for them in the management system.

What do certified organizations need to do?

Organizations that are certified—or are planning for certification—need to make sure they consider climate change aspects and risks in the development, maintenance, and effectiveness of their management system(s).

The Amendments specifically require these organizations to evaluate and determine whether climate change is a relevant issue within their management system(s). If the answer is yes, the organization then must consider climate change in a risk evaluation within the scope of their management systems. Where relevant, organizations are further encouraged to integrate climate change into their strategic objectives and risk mitigation efforts. The Amendments do not require organizations to do anything about climate change beyond considering the impacts on the management system’s ability to achieve its intended results.

What is the timeline?

The Amendments are effective as of the date of publication. There is no transition for implementation.

Certification bodies and auditors will cover the Amendments in audit activities when assessing this section of a management system. The audit will ensure climate change is considered and, if determined to be a relevant issue, included in company objectives and risk mitigation efforts. If climate change is deemed not relevant, the audit will assess the organization’s process for making this determination.

Will new certifications be issued?

Because the changes are considered a clarification, ISO issued them in the form of an amendment. New standards will not be republished until new versions are released; therefore, the publication year of each ISO standard will not change, and no new certifications will be issued.

What are the benefits of these changes?

The Climate Change Amendments underscore the importance of understanding and addressing the impacts of climate change. By publishing the Amendments in Annex SL, ISO is leveraging the widespread adoption of all ISO management system standards across operational areas to integrate environmental stewardship into organizational practices, promote sustainability, and drive climate change action on a global scale.

For certified organizations, the Amendments are intended to enhance organizational resilience and adaptability to climate-related risks. Considering climate change in this way can significantly contribute to business sustainability and long-term success by:

• Ensuring regulatory compliance (e.g., emission limits, sustainability reporting, etc.).
• Creating positive brand reputation as a sustainable company and associated customer loyalty.
• Managing risks and opportunities associated with supply chain disruptions, energy efficiency initiatives, employee health and safety, natural disasters, etc.
• Engaging employees and attracting new talent who prioritizes sustainability.
• Providing access to markets and investors that have sustainability requirements.

Safety hazards exist in every manufacturing environment. The food industry is no exception. Between October 2018 and September 2019, the Occupational Safety and Health Administration (OSHA) issued a total of 1,168 citations resulting in over $7 million in fines to the food manufacturing industry alone.  

Occupational safety and health risks in food manufacturing are often heightened because of the nature of the product (i.e., food or drink) being manufactured. Even food safety measures taken to prevent contamination and ensure food safety can carry inherent occupational safety and health risks.

While food safety is paramount for any company operating in the food industry, a company cannot stay in business if they do not take the appropriate measures to keep employees healthy and safe.  

Common Safety Hazards in the Food Industry

Lockout/tagout and machine guarding recurringly top OSHA’s annual list of the most frequently cited standards in food manufacturing. In fact, the most expensive OSHA fines of 2023 involved two food manufacturers and violations concerning machine guarding and lockout/tagout.

Lockout/Tagout

Employees need to be protected against the unexpected startup or release of energy. Lockout/tagout involves properly de-energizing and securing equipment so it cannot be operated unsafely when a machine needs service or repair. When employees work in a fast-paced environment, they may not take the required steps to first properly de-energize the equipment. As a result, approximately 1,000 workers die each year due to unexpected operation of equipment and/or release of stored energy. Machines and electrical equipment must be properly shut down, de-energized, and locked when servicing.

Machine Guarding

Moving machine parts have the potential to cause severe workplace injuries, such as crushed fingers or hands, amputations, burns, blindness—and most food processing machinery includes pinch points (i.e., blades, rolling parts, presses, etc.) that can put workers at increased risk. Safeguards for machine parts, functions, and processes are essential for controlling hazards and protecting workers from these otherwise preventable injuries.

Other Common Safety Hazards

• Ergonomics. Many food manufacturing jobs involve repetitive motion that can cause musculoskeletal disorders.
• Slips, trips, and falls. Sticky or wet products and frequent cleaning can both contribute to slippery work surfaces that increase the risk for slips, trips, and falls. The high volume of liquids used in food manufacturing and processing creates regular employee exposure to wet surfaces.
• Chemicals and harmful substances. Food facilities rely on various chemical sanitizers and disinfectants to prevent contamination. In addition, anhydrous ammonia, a common refrigerant used in food facilities, is very hazardous (i.e., corrosive, flammable, and explosive), even in small spaces.
• Cut hazards. Knives and other blades are common equipment in food processing plants. Dull blades cause more accidents because they are harder to work with, require more pressure, and may slip more easily. Blades should be sharpened, and employees should wear appropriate PPE.

OSHA Response: Local Emphasis Programs

Between 2016 and 2020, OSHA investigated fatalities, amputations, fractures, and crushed hands and fingers at food manufacturing facilities and identified the primary causes as failure to control hazardous energy or implement adequate machine guarding. In Wisconsin, Bureau of Labor and Statistics (BLS) data from 2011-2020 show that food manufacturing injury rates were consistently higher than the averages for all Wisconsin manufacturing companies. In 2019, OSHA found that food production workers in Ohio had a nearly 57% higher rate of amputations and 16% higher rate of fractures; in Illinois, these rates were 29% higher for amputations and 14% higher for fractures compared to private sector manufacturing.

In 2022, OSHA Region 5 established two Local Emphasis Programs (LEPs)—one for Wisconsin and one for Illinois and Ohio— to encourage employers to identify, reduce, and eliminate exposure to machine hazards during production activities and off-shift sanitation, service, and maintenance tasks (i.e., machine guarding and hazardous energy control – lockout/tagout). These LEPs run through at least 2027 and focus on reducing fatalities and injuries through outreach, education, training, and enforcement activities.

The LEP empowers OSHA to schedule and inspect food industry employers whose injury rates exceed the state average among all manufacturers. The scope of inspections conducted under the LEP focus on reviewing:

• Production operations, sanitation processes, and working conditions.
• Injury and illness records (i.e., OSHA 300 logs), particularly injuries pointing to deficiencies in machine guarding or the hazardous energy control program.
• Machine guarding hazards associated with points of operation, ingoing nip points, and moving or rotating parts of food processing equipment.
• Deficiencies in the hazardous energy control program associated with equipment service, maintenance, setup, and sanitation.
• Hazards associated with chemical burns from corrosives, such as those used for cleaning and sanitizing.

Prepare Your Facility…Protect Your Workers

If you fall under an OSHA LEP, you need to prepare your facility. Even if you don’t, you need to protect your workers.

• Prepare and maintain your OSHA 300 log with any work-related injuries and illnesses. KTL’s OSHA 300 PowerApp can make it easier to collect, search, analyze, store, and aggregate data so it is available when needed.
• Conduct a thorough hazard analysis of the facility, operations, and processes to identify potential safety hazards. The hazard analysis should answer what could potentially go wrong, what the associated consequences are, and how they can be prevented or eliminated.
• Develop, implement, and maintain the appropriate safety programs, procedures, and instructions. A safety management system that aligns with current food safety systems can provide resources to help companies identify and manage safety risks and an organizing framework for policies, procedures, and practices, including:
  • Engineering controls for dangerous equipment, including machine guarding.
  • Written energy control program and lockout/tagout procedures specific to each piece of equipment.
  • Emergency response programs.
  • Proper maintenance, cleaning, and sanitation procedures and schedules.
  • Guidelines for proper use, care, and replacement of PPE.
• Train your staff. Workers need to have appropriate training, including use of PPE, hazards of extreme temperatures, material handling, hazard communication, lockout/tagout procedures, machine guarding procedures, etc. Initial safety training should be conducted when onboarding new employees, with refresher training provided annually to ensure competency. Training tracking systems allow for the centralized implementation, management, tracking, scheduling, assignment, and analysis of organizational training efforts.
• Provide proper PPE. Workers should be wearing proper footwear, gloves, safety glasses, ear plugs, aprons, etc. and be provided with anti-slip mats to ensure safety.
• Ensure safety data sheets (SDS) are current and available to help identify hazardous chemicals and protect employees from exposure. Train workers on the chemicals used in the workplace, including first aid, what to do in the event of a release, identifying characteristics, proper procedures for working around or with the chemical, and appropriate PPE.
• Use visual communication (e.g., labels, signage) to help protect workers from hot surfaces, exposed moving parts, pressurized systems, hazardous chemicals, slippery surfaces, and more.

Finally, prioritize safety. Small steps can go a long way in making sure employees leave work safely versus becoming an OSHA statistic.