Four Corners Safety Network

1. Four Corners Safety Network Bi-Monthly Regular Meeting January 5th, 2012 COFFEE SERVICE 7:30 – 8:00 AM MEETING BEGINS AT 8:00 AM

2. WELCOME Call to Order, Ginger Lockeby,Advanced Safety Room Instructions Special thank you to

3. Thank You to Our Sponsor This Month

4. www.premierndt.com/ Premier NDT Services is licensed and insured to provide non-destructive testing and engineering service to the energy industry throughout the Four Corners, Rocky Mountains and West Texas regions. Our registered professional engineers, certified inspectors and technicians evaluate materials, piping, pressure vessels and tanks for proper design and safety, anchorage and repairs or alternations. Our highly skilled professionals are supported by the industry's best training, equipment, and technology. Safety is our priority - our record proves it.

5. Safety Moment What has been happening in your Safety world?

6. Please Welcome Our Guests Mark LeBlanc, Utah OSHA Consultation Services Mary Uhl, Bureau Chief, NM OSHA Harry Buysse, Whistleblower Division, NM OSHA Melissa Barker, Compliance Assistance Specialist, NM OSHA Bob Genoway, Enforcement Manager, NM OSHA

7. Mark LeBlanc Utah OSHA Consultation (the good guys)

8. Mary Uhl, NM OSHA Bureau Chief Ms. Uhl will present the signed Alliance Agreement between NM OSHA and the Four Corners Safety Network .

9. Ms. Melissa Barker, NM OSHA Ms. Barker will make a presentation on I2P2

10. New Mexico Occupational Fatality Statistics 2009-2011

11. Fatalities in the Oil and Gas Industry - 2009-2011 March 6, 2009 -An employee was killed when he was struck by a “Christmas Tree” when it was displaced by high pressure during shut down. May 4, 2010 -An employee was killed when he fell from a derrick. March 10, 2011 -An employee was burned and later died from injuries caused by a blow-out that ignited. July 11, 2011 -An employee was killed when he was struck by/crushed tongs in the abdomen. September 20, 2011 -An employee was killed when he was struck in the head by a BOP.

12. 2011-Top 10 Citations in O&G 1. 9.005 A – 5(a)(1) - General Duty Clause 2. 1910.132 (a) - PPE not provided, used or maintained 3. 1910.23 (c)(1) – Protection of open-sided floors, platforms, and runways 4. 1910.141(b)(1) – Potable water not supplied 5. 1910.141(d)(2) – Lavatories –washing facilities not provided

13. 2011-Top 10 Citations in O&G 6. 1910.305(b)(1) - Conductors not protected from abrasions, or openings not effectively closed 7. 1904.004 (a) – Recordkeeping- injuries, illnesses and fatalities 8. 1910.22(a)(1) – Housekeeping 9. 1910.23(d)(1) – No railing on stairs with 4 or more risers 10. Ladders not maintained in a safe condition

14. Injury and Illness Prevention Programs“I2P2” Melissa Barker Compliance Assistance Specialist

15. OSHA’s History with Safety and Health (S&H) Programs Section 17, paragraph (j) of the Act • OSHA reduces penalties for employers who have demonstrated a good faith effort. The Agency has long recognized the implementation of a safety and health program as a way of demonstrating good faith. Ref: (Nacirema Operating Co., 1 O.S.H. Cas. (BNA) 1001 (Rev. Comm’n 1972)).

16. OSHA’s History with S&H ProgramsCont. • OSHA has established initiatives to encourage employers to develop and implement employee S&H programs. Safety and Health Achievement Recognition Program (SHARP) and the Agency’s Voluntary Protection Program (VPP) are two examples of such initiatives.

17. OSHA’s History with S&H Programs Cont. • OSHA issued the Safety and Health Program Management Guidelines in 1989 (54 FR 3908) • OSHA’s Previous Rulemaking Effort • In October of 1995, OSHA held the first series of stakeholder meetings. • In 1998, OSHA developed a draft proposed rule. • The rule was never published, and the rulemaking effort was removed from the Regulatory Agenda on August 15, 2002.

18. OSHA’s Regulatory Agenda • OSHA’s regulatory agenda is organized by three primary actions: • Pre-rule • Proposed Rule • Final Rule

19. I2P2 Status • OSHA's proposal is in its very early stages. • 5 stakeholder meetings all across the country were held in 2010. • Comments from small businesses during the small business review process are now taking place. • That process will be followed by the publication of a proposal, a notice and comment period and extensive public hearings.

20. “I2P2” • The goal of “I2P2” is to help employers reduce injuries and illnesses through a systematic approach that proactively addresses workplace safety and health hazards.

21. 4. Hazards Prevention & Control 5. Education & Training 6. Program Evaluation Key Elements 1. Management Duties 2.Employee Participation 3. Hazard Identification & Assessment

22. 1. Management Duties • Developa fair and effective safety and health policy. • FollowS&H rules and lead by example. • Act on S&H concerns and recommendations. • Communicate roles and responsibilities.

23. 1. Management Duties Cont. • Provide employees with the authority and resources to carry out S&H efforts. • Ensure appropriate S&H training. • Acknowledgeemployee participation in S&H activities.

24. 2. Employee Participation • Involve employees by encouraging them to: • Suggest ways to help develop or improve an existing S&H policy. • Recommend resources necessary to achieve S&H goals. • Recommend training topics, help develop training plans, and evaluate training.

25. 2. Employee Participation Cont. • Involve employees by encouraging them to: • Assist in conducting workplace inspections. • Report hazards to the person responsible for correcting them, maintain equipment, keep work areas clean, and the proper use of required PPE. • Help evaluate accident and near miss trends, emergency procedures and past year’s S&H efforts and participate in the development of new S&H goals.

26. Gather information-workplace inspections, incident investigations, documentation of Injuries and illnesses. Develop JHAs -including hazard assessment and prioritization. Use MSDS to ID chemical hazards. Plan for emergencies. Look for new hazards whenever equipment, materials or work processes change. 3. Hazard Identification and Assessment

27. Use appropriate engineering and administrative controls. Enforce S&H rules and work practices. Know when and how to use PPE. Maintain equipment on schedule. Document how hazards are controlled. Evaluate effectiveness of controls. 4. Hazard Prevention and Control

28. Ensure that all employees know how to do their jobs safely. Providenew-employee orientation training and periodic training. 5. Training-All Employees

29. Training-Supervisors • Ensurethat supervisors know the hazards, hazard-control methods, and emergency procedures associated with their jobs. • Helpsupervisors develop skills to train and motivate employees they supervise.

30. Training-Managers • Ensure managers understand the importance of leadership in achieving and maintaining a safe workplace. • Developability to evaluate direct and indirect costs of accidents, compare costs with those of similar businesses, and assess the impact of accidents on employee absenteeism, productivity, and morale.

31. Training-Records • Keep records of each employee trained, type of training provided, training date and trainer/provider’s name.

32. 6. Program Evaluation • Reviewworkplace injury and illness trends. • EvaluateOSHA-required programs to ensure they are implemented and effective. • Correct program deficiencies and continually improve program performance.

33. Management Duties Employee Involvement Hazard ID and Assessment Hazard Prevention and Control Training Program Evaluation Summary You can manage workplace safety just as you manage any other part of your business if you start with a strong foundation.

34. OSHA Cooperative Programs • Consultation • Compliance Assistance • VPP • Strategic Partnerships • Alliances

35. Resources and Assistance www.osha.gov www.niosh.gov http://edocket.access.gpo.gov/2010/pdf/2010-10138.pdf New Mexico Occupational Health and Safety Bureau (505) 476-8700 or www.nmenv.state.nm.us/ohsb

36. Melissa Barker Compliance Assistance Specialist (505) 222-9595 Melissa.barker@state.nm.us

37. Harry Buysee, NM OSHA I bet you didn’t even know we had a Whistleblower Division.

38. Whistleblower Protection January 5, 2012 Four Corners Safety Network

39. Harry Buysse Whistleblower Investigator New Mexico Occupational Health and Safety Bureau 505-476-8712 harry.buysse@yahoo.com

40. Whistleblower Protection • Definition of whistleblower protection • Why we all like the process • What an investigation entails • How to avoid being involved

41. What it is not • A whistleblower investigation is not OSHA performing an inspection in response to a complaint from an employee or ex-employee. .

42. What it is not • A whistleblower investigation is not OSHA performing an inspection in response to a complaint from an employee or ex-employee. What it is • A whistleblower investigation is conducted to determine if a whistleblower has been retaliated against for blowing the whistle.

43. Whistleblower • A whistleblower is a person who tells the public or someone in authority (OSHA) about alleged misconduct occurring in a company.

44. Whistleblower • A whistleblower is a person who tells the public or someone in authority (OSHA) about alleged misconduct occurring in a company. • Also referred to as a snitch, rat, squealer, informer, whiner, bitcher, not-a-company-man, complainer, stool pigeon, mole, scoundrel, louse, parasite, good-for-nothing, rogue, or son-of-a-single-mother.

45. Why all y’all like them • They help make the work place safer and healthier

46. Why all y’all like them • They help make the work place safer and healthier • They help OSHA do our job by directing us to possible areas of concern • There are 55,000 employers in NM • We do about 600 compliance inspections and 200 consultation visits a year. • 55,000/800 = 70 years to see everyone

47. Why we protect them • To eliminate the chilling effect

48. Why we protect them • To eliminate the chilling effect • It’s the law! 50-9-25 NMSA 1978 • No person or employer shall discharge or in any manner discriminate against any employee because the employee has filed a complaint or instituted a proceeding under or related to the OSHA Act or has testified or is about to testify in any such proceeding or because of the exercise by the employee on behalf of himself or others of any right afforded by the OSHA Act.

49. Why we protect them • To eliminate the chilling effect • It’s the law! 50-9-25 NMSA 1978 • No person or employer shall discharge or in any manner discriminate against any employee because the employee has filed a complaint or instituted a proceeding under or related to the OSHA Act or has testified or is about to testify in any such proceeding or because of the exercise by the employee on behalf of himself or others of any right afforded by the OSHA Act. • There are 18 other laws which offer whistleblower protection related to surface transportation, securities exchange, consumer product safety, and others. These are investigated by federal OSHA rather than New Mexico OHSB.

50. Whistleblower Investigation • A whistleblower investigation occurs when a whistleblower feels he has or is being retaliated against and calls OSHA to ask for help. • We require a written complaint. • Must be filed within 30 days of adverse action.