Protecting New Workers

New at the job  

If you are new at your job, your risk of injury is much greater than for your more experienced coworkers-. In fact, the Bureau of Labor Statistics (BLS) has reported that 40% of workers injured had been on the job less than one year.  

Why are new workers more likely to be hurt?  

BLS studies show that employees injured at work often lack one vital tool to protect themselves: information. Look at the following data gathered by BLS in various surveys: 

• Of 724 workers hurt while using scaffolds, 27% said they received no information on safety requirements for installing the kind of scaffold on which they were injured. 

• Of 868 workers who suffered head injuries, 71% said they had no instruction concerning hard hats. 

• Of 554 workers hurt while servicing equipment, 61% said they were not informed about lockout procedures.  

In nearly every type of injury, BLS researchers have studied; the same story is repeated repeatedly. Workers often do not receive the safety information they need - even on jobs involving dangerous equipment where training is clearly essential. In one BLS study of workers injured while operating power saws, nearly one of every five said no safety training on the equipment had been provided. 

This problem deserves immediate attention from both the federal and private sectors. The Occupational Safety and Health Administration (OSHA) want to work with workers, employers, and vocational schools to increase protections for new employees. 

Employee Protection (Whistle Blower) Provisions

Clean Air Act (Title 42 U.S. Code, Section 7622); Comprehensive Environmental Response, Compensation and Liability Act (Title 42 U.S. Code, Section 9610); Energy Reorganization Act of 1974 (Title 42 U.S. Code, Section 5851); Safe Drinking Water Act (Title 42 U.S. Code, Section 300j-9(i)); Solid Waste Disposal Act (Title 42 U.S. Code, Section 6971); Toxic Substances Control Act (Title 15 U.S. Code, Section 2622); Federal Water Pollution Control Act (Title 33 U.S. Code, Section 1367); 29 CFR 24.  

Who is Covered 

These environmental Acts provide protection from discharge or other discriminatory actions by employers in retaliation for employees' good faith complaints about safety and health hazards in the workplace. The Acts cover all private sector employers.  

Basic Provisions/Requirements  

The employee protection provisions of these Acts prohibit employers from discharging or otherwise discriminating against employees in retaliation for their disclosure of safety and health hazards to the employer or to the appropriate federal agency. They also protect employee participation in formal government proceedings in connection with safety and health hazards. The Acts specifically exclude from protection the disclosure of hazards deliberately caused by an employee. Additionally, the statutes do not protect "frivolous" complaints. Employees have the right under the Acts to refuse to work in hazardous or unsafe situations.

Employees who believe they have been discriminated against in violation of these protective provisions may file a complaint, within 30 days of the alleged violation, with the Employment Standards Administration's Wage and Hour Division.  

Penalties  

Upon receipt of a complaint, the Wage and Hour Division conducts an investigation to determine whether a violation has occurred. When a violation has occurred, the employer is notified of the violation determination and efforts are made to conciliate the situation.

The employer may appeal a violation determination to an administrative law judge, if done within five calendar days of the notification of the determination. The administrative law judge's decision is referred to the Secretary of Labor for a final order. The Secretary may affirm or set aside the administrative law judge's decision. Where the Secretary concludes that a violation has occurred, his/her final order may instruct the employer to take affirmative action to abate the violation and provide for appropriate relief, which may include restoration of back pay, employment status and benefits. The Secretary may also order the employer to provide compensatory damages to the employee. If dissatisfied with the Secretary's decision, the employer may appeal in federal court. Final determinations on violations are enforceable through the courts. The employee is entitled to similar appeal rights under the Acts.  

Relation to State, Local and Other Federal Laws  

The current whistle blower programs do not preempt existing state statutes and common law claims. All provisions contained in the programs are in addition to protection provided by state laws.  

Actual case reported  

Actual court cases where as much as $100,000 in back pay are awarded have been documented. 

Inspection and maintenance | Eye and Face Protection

It is essential that the lenses of eye protectors be kept clean. Continuous vision through dirty lenses can cause eye strain — often an excuse for not wearing the eye protectors. Daily inspection and cleaning of the eye protector with soap and hot water, or with a cleaning solution and tissue, is recommended.

Pitted lenses, like dirty lenses, can be a source of reduced vision and should be replaced. Deep scratches or excessively pitted lenses are apt to break more readily.

Slack, worn-out, sweat-soaked, or twisted headbands do not hold the eye protector in proper position. Visual inspection can determine when the headband elasticity is reduced to a point beyond proper function.

Goggles should be kept in a case when not in use. Spectacles, in particular, should be given the same care as one’s own glasses, since the frame, nose pads, and temples can be damaged by rough usage.

Personal protective equipment which has been previously used should be disinfected before being issued to another employee. Even when each employee is assigned protective equipment for extended periods, it is recommended that such equipment be cleaned and disinfected regularly.

Several methods for disinfecting eye-protective equipment are acceptable. The most effective method is to disassemble the goggles or spectacles and thoroughly clean all parts with soap and warm water. Carefully rinse all traces of soap, and replace defective parts with new ones.

Swab thoroughly or completely immerse all parts for 10 minutes in a solution of germicidal deodorant fungicide. Remove parts from solution and suspend in a clean place for air drying at room temperature or with heated air. Do not rinse after removing parts from the solution because this will remove the germicidal residue which retains its effectiveness after drying.

The dry parts or items should be placed in a clean, dust-proof container, such as a box, bag, or plastic envelope, to protect them until reissue.

Eye and face protection selection chart 

Source	Assessment of hazard	Protection
Impact — Chipping, grinding machining, masonry work, woodworking, sawing, drilling, chiseling, powered fastening, riveting, and sanding.	Flying fragments, objects, large chips, particles sand, dirt, etc	Spectacles with side protection, goggles, face shields. See notes [(1)], [(3)], [(5)], [(6)], [(10)]. For severe exposure, use faceshield.
Heat — Furnace operations, pouring, casting, hot dipping, and welding.	Hot sparks	Faceshields, goggles, spectacles with side protection. For severe exposure use faceshield. See notes [(1)], [(2)], [(3)].
	Splash from molten metals	Faceshields worn over goggles. See notes [(1)], [(2)], [(3)].
	High temperature exposure	Screen face shields, reflective face shields. See notes [(1)], [(2)],[(3)].
Chemicals — Acid and chemicals handling, degreasing plating.	Splash	Goggles, eyecup and cover types. For severe exposure, use face shield. See notes [(3)], [(11)].
	Irritating mists	Special-purpose goggles.
Dust — Woodworking, buffing, general dusty conditions.	Nuisance dust	Goggles, eyecup and cover types. See note [(8)].
Light and/or radiation —
Welding: Electric arc	Optical radiation	Welding helmets or welding shields. Typical shades: 10–14. See notes [(9)], [(12)].
Welding: Gas	Optical radiation	Welding goggles or welding faceshield. Typical shades: gas welding 4–8, cutting 3– 6, brazing 3–4. See note [(9)].
Cutting, torch brazing, torch soldering	Optical radiation	Spectacles or welding faceshield. Typical shades, 1.5–3. See notes [(3)], [(9)].
Glare	Poor vision	Spectacles with shaded or special-purpose lenses, as suitable. See notes [(9)], [(10)].
Notes to eye and face protection selection chart:

Selection & Fitting | Eye and Face Protection

Each eye, face, or face-and-eye protector is designed for a particular hazard. In selecting the protector, Revision 6/08 consider the kind and degree of hazard. Where there is a choice of protectors and the degree of protection required is not an important issue, worker comfort may be a deciding factor. The BLS survey showed that few Revision 6/08workers ever complained about poor vision or discomfort with personal eye equipment.

Persons using corrective spectacles and those who are required by OSHA to wear eye protection must wear face shields, goggles, or spectacles of one of the following types:

• Spectacles with protective lenses providing optical correction;
• Goggles worn over corrective spectacles without disturbing the adjustment of the spectacles; or
• Goggles that incorporate corrective lenses mounted behind the protective lenses.

When limitations or precautions are indicated by the manufacturer, they should be transmitted to the user and strictly observed.

Over the years many types and styles of eye and face-and-eye protective equipment have been developed to meet the demands for protection against a variety of hazards.

Revision 6/08 Goggles come in a number of different styles:

• Revision 6/08 Eyecups,
• Revision 6/08 Flexible or cushioned goggles,
• Revision 6/08 Plastic eyeshield goggles, and
• Revision 6/08 Foundrymen’s goggles.

Revision 6/08 Goggles are manufactured in several styles for specific uses such as protecting against dust and splash, and in chipper’s, welder’s, and cutter’s models.

Revision 6/08 Safety spectacles require special frames. Combinations of normal streetwear frames with safety lenses do not provide adequate protection and are not in compliance.

Many hard hats and nonrigid helmets are designed with face and eye protective equipment.

Design, construction, testing, and use of eye and face protection must be in accordance with ANSI Z87.1-1968 if the equipment was purchased before July 5, 1994 and in accordance with ANSI Z87.1-1989 if the devices were purchased after July 5, 1994.

Fitting

Fitting of goggles and safety spectacles should be done by someone skilled in the procedure. Prescription safety spectacles should be fitted only by qualified optical personnel.

Eye and Face Protection

§1910.133

Revision 6/08 Employees have to use appropriate eye or face protection when exposed to eye or face hazards from flying particles, molten metal, liquid chemicals, acids or caustic liquids, chemical gases or vapors, or potentially injurious light radiation. Eye protection with side protectors is required where there is a hazard from flying objects. Workers who wear contact lenses must wear eye protection over the lenses. Eye and face PPE has Revision 6/08 to be distinctly marked to identify the manufacturer. Filtered lenses should always be the appropriate shade number for the work being performed.

Protective eye and face devices purchased after July 5, 1994 must comply with ANSI Z87.1-1989 or be demonstrated to be equally effective. Devices purchased before that date must comply with ANSI Z87.1-1968 or be equally effective. General guidance for the proper selection of eye and face protection against hazards associated with the listed hazard “source” operations.

Eye and face protective equipment is required by OSHA where there is a reasonable probability of preventable Revision 6/08 injury when such equipment is used. Provide a type of protector suitable for work to be performed and ensure that employees use the protectors. This applies to supervisors, management personnel, and should apply to visitors while they are in hazardous areas.

A BLS study found that about 60 percent of workers who suffered eye injuries were not wearing eye protective equipment. When asked why they were not wearing face protection at the time of the accident, workers indicated that face protection was not normally used or practiced in their type of work, or it was not required for the type of work performed at the time of the accident.

Revision 6/08 Provide suitable eye protectors where machines or operations present the hazard of flying objects, glare, liquids, injurious radiation, or a combination of these hazards. Protectors have to meet the following minimum requirements:

• Provide adequate protection against particular hazards for which they are designed;
• Be reasonably comfortable when worn under the designated conditions;
• Fit snugly without interfering with the movements or vision of the wearer;
• Be durable;
• Be capable of being disinfected;
• Be easily cleanable; and
• Be kept clean and in good repair.

The National Society to Prevent Blindness recommends that emergency eyewashes be placed in all hazardous locations. First aid instructions should be posted close to such potential danger spots since any delay to immediate aid or an early mistake in dealing with an eye injury can result in lasting damage.