MIOSHA eNews - December 1, 2020

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Schedule a free workplace safety consultation

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At-risk industries: retail stores, restaurants, bars and fitness centers, across the state can now schedule free COVID-19 safety consultations as a part of the new Ambassador program partnership with NSF International and MIOSHA. Ambassadors are conducting outreach to statewide businesses to offer education and support to implement regulations on workplace safety.

In addition to tier-one education which provides a brief consultation, businesses can now visit the COVID-19 workplace safety website to schedule tier-two consultations, an in-depth assessment of workplace safety requirements, with NSF International. These in-depth, collaborative meetings will connect employers directly with an Ambassador to identify and implement solutions in their specific workplace free of charge to the business. Tier-two visits are targeted to these at-risk industries: retail stores, restaurants and gyms.

Businesses that successfully complete tier-two visits will soon receive official signage to acknowledge COVID-19 workplace safety commitments and efforts to keep customers and employees safe.

Ambassadors are delivering education toolkits to businesses statewide as part of tier-one efforts for the Ambassador program. The toolkit enables a review of current workplace safety and health procedures to limit the risk of COVID-19 transmission. Ambassadors will not propose citations or issue penalties. They are there to work with businesses to improve conditions and help comply with regulations on workplace safety.

Educational materials in the Ambassador toolkit can be found at Michigan.gov/COVIDWorkplaceSafety.

Employers and employees with specific questions regarding workplace safety and health may contact MIOSHA using the hotline at 855-SAFEC19 (855-723-3219).

Workplace Safety Coordinator… Do you have one?

The State of Michigan has been battling exposure to SARS-CoV-2 since March of 2020, a pandemic that has spread throughout the United States. SARS-CoV-2, a severe acute respiratory syndrome coronavirus 2, is the causative agent of COVID-19, a disease characterized by symptoms including fever, cough, fatigue, and shortness of breath which may progress to pneumonia, multi-organ failure, and death. Employers in Michigan are currently dealing with COVID-19 in the workplace while being cognizant of their obligation under the OSH Act 154, of 1974 to provide their employees with a workplace free from recognized hazards including exposure to SARS-CoV-2.  

On October 14, 2020, the Director of the Michigan Department of Labor and Economic Opportunity under authority of Michigan occupational safety and health act, 1974 PA 154, promulgated Emergency Rules, Coronavirus Disease 2019 (COVID-19), to establish requirements for employers to control, prevent, and mitigate the spread of COVID-19 among employees. One of the important requirements that is often overlooked and maybe missing among Michigan employers who are dealing with COVID-19 at the workplace is a requirement to have a worksite safety coordinator. This requirement is specified in MIOSHA’s Emergency Rules, under “Rule 7. Workplace controls for all employers. The employer shall designate one or more worksite COVID-19 safety coordinators to implement, monitor, and report on the COVID-19 control strategies developed under these rules. The COVID-19 safety coordinator must always remain on-site when employees are present on site. An on-site employee may be designated to perform the COVID-19 safety coordinator role."

The rational for a worksite COVID-19 safety coordinator remaining on-site is to ensure that employees follow the employer’s COVID-19 preparedness and response plan. There have been cases in Michigan where the employer had not implemented their COVID-19 preparedness and response plan at all times  and encountered delinquencies related to basic infection prevention measures (like hygiene and sanitation), health surveillance (like daily entry self-screening), workplace controls (like safety coordinator, face covering, social distancing), personal protective equipment requirements (like respirators), etc.

For Michigan employers dealing with this pandemic head on, putting your company in a position to succeed means creating a COVID-19 preparedness and response plan, sticking to it, and implementing it. Training competent safety coordinators for your worksite is not only a good idea but a regulatory requirement as well. Appointing a safety coordinator will ensure your plan is successful in keeping the workplace free from recognized COVID-19 hazards and employees remain safe during these trying times.

Recordable Remote Work Injuries

Recordkeeping Log 300

As a strategy to contain the COVID-19 pandemic “social distancing” measures were implemented across the country. Many more workers are now working remotely. With the expectation that Michigan employers create a policy prohibiting in-person work for employees to the extent that their work activities can feasibly be completed remotely, many workers may continue working at home until the pandemic is fully contained.

Working from home is not without hazards.  Employees working from home may still have recordable injuries. Injuries that occur while an employee is working at home is considered work-related if the injury occurs while the employee is performing work for pay or compensation in the home, and the injury is directly related to the performance of work rather than to the general home environment or setting.

Question: An employee’s home office is on a different level and they fall down the stairs going from the workspace. Is this injury recordable?
Answer: Going up or down the stairs to get to the home office is not directly related to the performance of work. This scenario is not considered work-related. 

Question: If there is a recordable injury at the employee’s home, what 300 Log would that be captured on?
Answer: If an employee works from home, his or her home is not considered a business establishment and a separate 300 Log is not required. An employee who works from home must be linked to one of the employer’s establishments for recordkeeping purposes.

If employers have other questions about recording injuries, Federal OSHA has a searchable Injury and Illness Recordkeeping Questions & Answers page that we encourage them to use.

Click here to review the MIOSHA Recordkeeping standard or visit our MIOSHA Recordkeeping webpage for more information. 

Michigan Worker Deaths of 2020

To date, there have been 48 work-related fatalities reported to MIOSHA in 2020. The information below shares preliminary details about the most recent fatalities reported to MIOSHA which are believed to be covered by the MIOSH Act. The description reflects information provided to MIOSHA at the initial report of the incident and is not the result of the official MIOSHA investigation. To report fatalities/catastrophes, call MIOSHA at 800-858-0397.

Preliminary summaries of the most recent incidents:
During a mold change, the top portion of a 2-piece mold broke off a machine and fell to the floor crushing a 42-year-old trimmer. 

A 22-year-old mechanic was walking across the firm’s parking lot to pull in a truck for servicing. There was a semi-truck driver in the process of attaching two pup trailers to his semi-truck located in the parking lot area. The mechanic entered in between the stationary pup trailer and the reversing semi-truck. The mechanic was crushed by the hitch mount between the two pup trailers.

On June 29, a 51-year-old roofer fell from a third story roof. He passed away on Aug. 26. MIOSHA was informed of this fatality on Nov. 11, 2020.

During a road construction operation while working in a lane closure, two 23-year-old laborers were installing epoxy and dowel bars when a vehicle drove through five open patches killing the two laborers.

On July 6, at approximately 6:15 a.m., a 36-year-old worker began loading plastic and paper yard waste bags into the back of a trash hauling truck in a residential neighborhood. Around 3:30 p.m., the victim was transported to a hospital after experiencing dehydration symptoms. On July 8, the employer was notified that the victim was deceased.

On Nov. 16, the victim was laying felt paper on a barn roof when he lost his balance and fell approximately 15 feet. The victim was hospitalized for his injuries and later passed away on Nov. 21, 2020.

There were 37 MIOSHA-covered deaths in 2019. 2009 saw the lowest number with 24. Every life is precious. Our mutual goal must be that every employee goes home at the end of every shift unharmed.

If you need help or assistance in ensuring your workplace is safe, MIOSHA is here to help. The CET Division provides workplace safety and health training and consultations to employers and employees throughout Michigan, free of charge. Contact CET today at 800-866-4674 or request CET services online.

Agency Instructions Issued

November 16, 2020 - COVID-19 Construction - State Emphasis Program (SEP)

November 16, 2020 - COVID-19 Manufacturing - State Emphasis Program (SEP)

November 12, 2020 - Construction Inspection Targeting

November 10, 2020 - COVID-19 Office - State Emphasis Program (SEP)

Press Releases

November 20, 2020 - Further protecting construction, manufacturing workers, MIOSHA enhances inspection efforts

November 18, 2020 - Business-State Collaboration Supports Safe Workplaces

November 12, 2020 - As COVID-19 cases rise, State emphasizes worker protections in offices, remote work policies

Variances

Variances from MIOSHA standards must be made available to the public in accordance with Part 12, Variances (R408.22201 to 408.22251). MIOSHA variances are published online at michigan.gov/mioshavariances.

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