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WEDNESDAY, July 13, 2011: VOLUME 2, ISSUE 28
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In this issue:
Here's How NOT To Encourage PPE Compliance!
EKU's Online Bachelor's in Occupational Safety
Safety Compliance Survey – Win $50
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Appeals Court Sides with Workers on PPE Donning and Doffing Pay
Feature Story
Here's How NOT To Encourage PPE Compliance!
You may think you've heard it all regarding safety, but this strange story could be something new: A safety director in a manufacturing plant got into trouble for the method he used to see if workers were wearing safety footwear.

The director reportedly stomped on workers' feet to see if they were complying with a rule requiring steel-toed shoes. A female employee who wasn't wearing safety shoes suffered a painful foot injury and complained to police.

The victim told police the safety director first asked her why she was not wearing safety goggles and then stomped on her foot. She tried to pull her foot free but he continued grinding his own work boot down on it. She suffered nerve and deep tissue damage.

The stomping practice was reportedly common at the plant — but it won't be happening anymore. It does make you wonder what other bad ideas are floating around out there - perhaps testing fall protection compliance by pushing workers off roofs?

You know you need to do anything reasonable to encourage your workers to wear their PPE. If you don't, you'll be logging injuries. For example, the Bureau of Labor Statistics reports:
  • Only one percent of about 770 workers suffering face injuries had been using face protection.
  • Only 23 percent of workers with foot injuries wore safety shoes or boots.
  • Only 40 percent of workers with eye injuries wore eye protection.
  • Hardhats were worn by only 16 percent of workers who suffered head injuries.
So how do you get workers to comply with PPE requirements? Good communication and frequent reminders are part of the answer. Safety posters in strategic locations are one good way to carry this important message. With SafetySmart, you can create your own PPE Safety Poster.

Need access to additional resources on this topic? Try SafetySmart today and get immediate access to safety talks, presentations and more. Sign up for a free 14-day trial now.
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Readers' Survey
Safety Compliance Survey – Win $50
We invite you to participate in a survey on safety compliance programs in the United States.

This is part of our continuing series of surveys intended to determine the methods and resources safety professionals use to stay compliant, their satisfaction with current resources, and how they believe safety compliance needs will change over the next few years.

It takes about 7 minutes to complete the short survey (15 questions). We’ll keep your responses and email addresses strictly confidential.

And to sweeten the deal, those who complete the survey and furnish an email address will have the option of entering a drawing for a $50 gift certificate to Amazon.com.

To participate in the survey, click here. The survey will remain open until midnight July 31st, 2011.”
Picture This
Picture This
This type of situation goes on all the time nearly everywhere. Workers get close to roof edges without any type of fall protection. This time they were caught in the act by a Health and Safety Executive (HSE) inspector in England. The company was fined the equivalent of $24,000 for failing to protect the contract workers against falls. (Health and Safety Executive (HSE), England)
See Picture Here:
Safety News
Appeals Court Sides with Workers on PPE Donning and Doffing Pay
Workers at a Delaware poultry plant spend at least 10 minutes at the start and end of their shifts putting on and taking off PPE. Their company doesn’t pay them for that time. Should it?

Yes, according to the US Court of Appeals for the Fourth Circuit.

Workers at a Mountaire Farms’ processing facility in Millsboro, DE, filed a court action to recover wages and damages under the Fair Labor Standards Act of 1938 for time spent donning and doffing protective gear.

OSHA and the US Department of Agriculture require poultry plant workers to wear PPE, including earplugs, bump caps, smocks, hair nets and beard nets and steel-toed rubber boots. Also, some production workers are required to wear nitrile, latex or rubber gloves, aprons, safety glasses, cut-resistant gloves, chain gloves and sleeves.

Mountaire Farms had required workers to be on the production line for set hours and would only pay them for the time they spent on the line.

The federal appeals court found that workers were spending about 17 minutes total per day donning/doffing and sanitizing PPE at the start and end of the workday and also during an unpaid 36-minute meal break.

The court ruled that workers were entitled to compensation for the time (10 minutes) spent donning and doffing PPE at the beginning and end of each shift because doing so was “integral and indispensable to chicken processing” and was required by government regulations.

The Fourth Circuit court found that 10 minutes per day would add up to one week’s pay for each worker during the course of a year.

However, it ruled that the workers were not entitled to compensation for the additional time required to take off and put on PPE during unpaid breaks.
Read the court decision here:
Related news story: Inaccurate Assumptions about Hearing PPE Can Hurt Your Workers
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