443 Lafayette Road N. St. Paul, Minnesota 55155 OSH Advisory Council Sept.

15, 2006 minutes

(651) 284-5000 1-800-DIAL-DLI TTY: (651) 297-

Members: Eric Ajax Carol Bufton Harvey Burski Michael Hawthorne Michael Mueller Scott Richter Bill Stuart Peter Teigland Members absent: Melanie Isabell Allen Pat McGovern Ed Raine Daryl Tindle

Staff: Susan Boone James Collins Alden Hoffman Jeff Isakson Jim Krueger Patricia Todd

Visitors: Bud Berry Mark Hysell

The meeting was called to order by chairperson Carol Bufton at 10:08 a.m. Members and visitors introduced themselves. New member Michael Mueller introduced himself and stated he is the well-being manager at IBM for about 20 people, not all in Rochester, but in the western half of the United States. He has safety and industrial hygiene and occupational health nurses working for him providing occupational services for IBM. Mueller commented IBM has VPP sites in Rochester, San Jose and Tucson, and he has work closely with James and his team. Mueller has been with IBM for 21 years, working 11 years here and 10 years in Burlington, Vt. He has a bachelor’s degree from Eau Claire, in environmental public health, and a master’s degree in industrial hygiene from University of Cincinnati. He is a certified industrial hygienist. Peter Tiegland stated he lives in Hastings, has been an ironworker for 15 years and is a member of Local 512. Tiegland started teaching in apprenticeship in 1999, and started safety training in apprenticeship about 2001. In March 2006, he took the job as the assistant apprenticeship coordinator. Bufton welcomed both Mueller and Tiegland to the council. A motion to approve the agenda and June 2 meeting minutes was made by Mike Hawthorne and seconded by Harvey Burski. All voted in favor and the motion passed.

This information can be provided to you in alternative formats (Braille, large print or audio tape). This information can be provided to you in alternative formats (Braille, large print or audio tape). An Equal Opportunity Employer

OSHA Advisory Council

-2-

September 15, 2006

V. Assistant commissioner report – Thomas Joachim Thomas Joachim introduced himself and stated his construction background began by working with his father, who was a residential building contractor. He worked part-time for the city of Faribault as a field inspector addressing building code issues. He was hired full-time by the city of Faribault and then went to the city of Little Falls as the building official planning zoning administrator and then to the state, for 23 years. Originally he was in charge of the Building Codes and Standards division as the director and state building official. Ten years ago, when he was asked for a 10-year plan, he suggested consolidating construction codes in the state of Minnesota. Two years ago, Governor Tim Pawlenty chose to include the consolidation proposal in his Drive to Excellence plan and four state agency programs were consolidated, along with the state Board of Electricity; the consolidation was effective May 2005. Joachim explained we now have all the building codes, electrical, plumbing, boiler, highpressure piping and residential contractor licensing in one unit, the Construction Codes and Licensing Division. Progress is being made bringing the five cultures together and learning differences in laws, rules and regulations. A bill will be proposed this session that will follow the re-organization order of Governor Pawlenty. Each area had enforcement tools within its statute, but some go back to 1937, and have not been updated. This is an attempt to bring all of them up to today’s standards. Joachim noted when the assistant commissioner position was offered to him, he felt the OSHA and CCLD programs are a good fit. Construction Codes and Licensing deals with the safety of the buildings, the ventilation requirements in buildings, and the plumbing and health issues in building; OSHA deals with the safety of the workers and/or occupants of the buildings. Joachim commented, having only been on the job a week and a half, he’s learning a lot from Jim and Jeff. He thanked them for keeping him up to speed about a number of issues. Joachim hopes to maintain and improve an already positive relationship with OSHA and he hopes to bring expertise and experience together to improve programs where we can. Bufton asked where MNOSHA is in preparing for the legislative session. Joachim responded the CCLD proposal is nearly ready. He is not sure of the full detail of coming proposals for OSHA, but is aware they have been submitted. He doesn’t see any changes, other than what has been considered all along. Bufton noted that as strategic initiatives for this group for the coming year are considered, if we talk about legislation, we’ll be talking about the 2008 session. VI. Federal OSHA update – Mark Hysell Mark Hysell stated the federal OSHA site-specific targeting (SST) plan 2006 became effective in June. In 2005, a survey was conducted, with 8,000 worksites in the country being surveyed. The survey consisted of injury and illness information from calendar-year 2004. A primary list was developed; on the primary list there are approximately 4,250 sites nationwide. The new assistant secretary has mandated enforcement activities be stepped up on these high accident and illness sites. A letter was sent to the primary list employers in April. Additionally, every area office in the region is inviting representatives from those employers to conferences and meetings in the local area office. They will be targeting information and outreach sessions to inform employers why they were selected and to tell them about outreach opportunities they may have available to them. The hope is they do this before a compliance officer actually knocks on their door.

OSHA Advisory Council

-3-

September 15, 2006

Hysell announced the national emergency response operation in New Orleans has shifted to a long-term recovery effort. Effective Aug. 31, OSHA ceased compliance and technical assistance operations for the hurricane effort. Hysell reported that on Sept. 7, Region V had a tabletop exercise for pandemic flu on a national scale. MNOSHA participated. There were many great lessons learned. In Hysell’s office, for example, the continuation-of-operations plan left a little to be desired. In particular, in the home office capabilities they were unaware how to transfer telephones from office to home office or computer capabilities and fax capabilities of staff members, etc. The exercise was a good learning tool. The MNOSHA fiscal-year 2007 grant application has been reviewed and approved by the regional office and is currently in Washington, D.C., in the final review stage. Hysell anticipates hearing about its final acceptance in the near future. The MNOSHA standard requiring certification of crane operators is still in Washington, D.C. It has not been published in the Federal Register yet. The standard goes into effect in June 2007, and certainly it will be published before then. Bufton asked if the learnings from the tabletop exercise would be shared. Hysell responded that Region V shared with the Regional Emergency Management Planning committee and offered to copy Minnesota also. He received a copy of MNOSHA’s “Lessons learned” document. There were more positives than negatives and we did learn a lot about what needed to be “fixed.” Joachim noted we could use all the information we can get, as we work to finalize our plan. Hysell stated he would forward the information to MNOSHA. VII. Staff reports Compliance – Jeff Isakson Projects • Crane legislation: o follow-up letters continue to be sent every six months until the July 1, 2007, deadline; o information posted on the DLI Web site; and o outreach presentations provided throughout the state. • Publication/adoption of new AWAIR industry list Aug. 7; this one based on NAICS. • Publication of proposed rule revisions Aug. 7 regarding high-visibility vests. • Preparing plans for federal-fiscal-year 2007 scheduling. OSHSPA • OSHSPA met in Des Moines, Iowa, June 6 and 7. Jeff Isakson represented MNOSHA. The next OSHSPA meeting will be in New Jersey, Oct. 3 and 4. Jeff Isakson will attend. Minnesota will be hosting the OSHSPA meeting in June 2007. • The 2005 GRASSROOTS Workplace Protection publication is in your packets. Health • Greater Minnesota health inspection coverage: o one metro industrial hygienist (IH) has been permanently reassigned to Greater Minnesota – Duluth, beginning in October; and o the next IH opening will be posted for Greater Minnesota – Mankato. • Alden Hoffman attended the OSHA Region 5 family meeting in Chicago, July 10 through 12.

OSHA Advisory Council

-4-

September 15, 2006

• • •

Alden and Clayton Handt met with health department representatives to continue discussions about working together on prevention of work-related asthma. New inspectors are now conducting their own inspections; one already has a significant overexposure case involving floor-stripping chemicals. Health staff members have attended training about respiratory protection, confined space, process safety management and toxicology.

Construction Breakfast seminars Since the last OAC meeting, MNOSHA has had a meeting with the construction advisory group. Overall, the group agreed the Construction Breakfast seminars are a success, as demonstrated by an average attendance of 90 people at each breakfast. They stated the location is excellent, the starting and ending times are acceptable, and the format of having the presenter discussing the best practice for each topic – followed by a brief presentation from MNOSHA Compliance – is working well. Last year’s topics and presentations were very good. Areas for improvement include: more dynamic presentations by MNOSHA staff members; more information about MNOSHA’s Web pages and various other links; and more locations, such as conducting a breakfast in western Minnesota, maybe St. Cloud. Five topics were selected for the 2006 through 2007 Construction Breakfast seminars. The list of topics and the presenters are: • Crane operator certification (Sept. 19, 2006) Presenter: Doug Swenson, AGC of Minnesota Staff-member presenter: Tyrone Taylor, MNOSHA metro construction supervisor Fall protection (Nov. 21, 2006) Presenter: Mark Monson, St. Paul Travelers Insurance Staff-member presenter: Jerry Sykora, MNOSHA principal investigator Road construction/work-zone safety (Jan. 16, 2007) Presenter: Doug Yetzer, Contracting Quality Staff-member presenter: Bob Darling, MNOSHA principal investigator Residential fall-protection (March 20, 2007) Presenter: to be determined Staff-member presenter: to be determined Trenching standard (May 15, 2007) Presenter: Deb Peterson, MNOSHA supervisor Staff-member presenter: Gary Robertson, MNOSHA training officer

This list has been added to MNOSHA’s Web pages and is being updated as presenters are determined. Outreach • During June, July and August, we presented at 14 events, with a total attendance of approximately 430 participants. • The summer edition of Safety Lines is available on the MNOSHA Web pages.

OSHA Advisory Council

-5-

September 15, 2006

• •

The MNOSHA video lending library continued with its usual demand of four to six requests for videos each month. Revisions to MNOSHA Web pages since the last OAC meeting: o a concrete block loading/unloading hazard alert; and o a first aid kit fact sheet.

Discrimination Since the last OAC meeting, all complaints older than 90 days have been closed. The remaining case load will be easier to monitor and close more quickly. The discrimination unit continues to try to refine its processes. o It is assigning the cases as they are received. o Whenever possible and appropriate, it attempts to settle cases. During the third quarter of the federal fiscal-year, four settlement agreements were executed. o During the third quarter, it has involvement with five cases that are presently at the Attorney General’s office for litigation. In addition, one case was appealed to the MNOSHA review board. Employee training • We updated and reissued our Field Safety and Health Manual that is used by our investigative staff. This includes revisions to the guidelines for the use of personal protective equipment (PPE) and Employee Right-To-Know (ERTK) information for our investigative staff. • MNOSHA used its updated and streamlined training process for 10 of the new investigative staff members, who graduated June 6. The three phases of the process include: o Phase I – initial orientation checklist within the first two weeks of employment; includes: • personal (i.e., OSHA-required) safety; • human resources policies; and • the day-to-day operations of MNOSHA. o Phase II – initial investigator training conducted three times a year; includes: • MNOSHA policies and procedures; • the IMIS; and • hazard identification. o Phase III – initial standard learning units provided once annually; and in-depth training about subjects such as fall protection. Open positions • Filled positions: o two summer interns from the University of Minnesota – Duluth; • Open positions: o one Greater Minnesota south (due to Roger Bock’s retirement).

OSHA Advisory Council

-6-

September 15, 2006

Inspections • Quality assurance (QA) inspections – MNOSHA Compliance continues to conduct quality assurance inspections within all units. • We are beginning a professional development program where, every six months, an investigator from our metro general industry unit will be moved to our metro construction unit to learn the construction inspection process. This will allow us to become more diversified as a state agency. This is a trial and may expand into other units. Technology • All investigators have “G drive” access, required for investigators to use IMIS. • All investigators can now provide compliance assistance phone duty. • The OSHA Redesign and Enhancement Project o Phase 2 of the IMIS redesign project is on schedule. The DLI technical staff and a contract vendor are replicating the IMIS in the DLI enterprise database and synchronizing the data with the federal OSHA system. Specifically, they are working on the document management and workflow system. o We are nearing the halfway mark of Phase 2. This phase began in December 2005, with an anticipated duration of 22 months. Workplace Safety Consultation – Jim Collins Projects • DLI and DNR are working together to design a Web-based information system for tracking loggers trained by program. • DLI and IBM have recently collaborated on a best-practices project, which is on DLI’s Web site at www.doli.state.mn.us/wsc.html. IBM was the first to help the department to get the project off the ground. We hope others will follow. • The OSHCON board of directors would like the Region V representative (representing Minnesota, Indiana, Wisconsin, Illinois, Ohio, Michigan), currently James Collins, to be responsible for the first consultation GRASSROOTS report. • A University of Minnesota – Duluth graduate student is working with Workplace Safety Consultation on a plan B paper. The student is an adult learner with an MBA. OSHCON • The OSHCON meeting was in Dallas, Texas, Aug. 7 through 10. James Collins represented MNOSHA Workplace Safety Consultation. General information • The federal OSHA area office will conduct a program audit Sept. 18 through 20. Staffing • The unit has one clerical vacancy and is in the process of getting it filled. Staff development (June, July, August) • One staff member participated in the one-week prep course for the CSP exam. • One health staff member participated in a weeklong biohazard course. • Six staff members participated in a 40-hour course about evaluation of safety and health management systems.

OSHA Advisory Council

-7-

September 15, 2006

Unit’s annual productivity Initial visits Follow-ups Training/assistance Interventions MNSTAR MNSHARP deferrals MNSHARP renewals Alliances Hazards • Goal 730 126 130 170 2 4 4 2 Actual 864 96 173 319 3 4 4 3 4,586 Participants

4,251 11,426

The unit’s goals for federal fiscal-year 2006 were met and slightly exceeded.

Budget • The federal annual budget for federal fiscal-year 2007 was recommended by the regional office for approval. The national office approved Workplace Safety Consultation’s budget Sept. 7. LogSafe safety education program • Eight hundred thirty-nine loggers were trained during the 10 spring seminars. • Two hundred sixty-eight loggers attended two joint seminars with MLEP. • A satisfaction survey revealed an overall satisfaction of participants – 84 percent agreed; 1.7 percent disagreed; and 11 percent were neutral. • DLI and DNR are working together to create a Web-based information system to document loggers who have received LogSafe safety training. • Loggers need LogSafe training documentation to purchase wood for logging. MNSTAR federal fiscal-year 2006 • Goal: Two new sites in federal fiscal-year 2006 • Exceeded the goal with three sites certified: 1. Midwest Electric Products – GE; Oct. 7, 2005. 2. Flint Hills Resources – Pine Bend; Dec. 21, 2005. 3. Mankato Area Public Schools Administrative Office. • Twelve applications are on hand. • Workplace Safety Consultation is working with CBI application for construction and is ready to make a recommendation for certification for MNSTAR for Construction. MNSHARP federal fiscal-year 2006 • Goal: Four new MNSHARP-certified sites and four new deferral sites in federal fiscalyear 2006. • Met goal of four MNSHARP-certified sites: 1. Anchor Block – Shakopee; 2. D&D Commodities; 3. Reynolds Food Packaging; and 4. Anchor Block – Brooklyn Park. • The four-deferral-sites goal has been met. 1. Riverwood Healthcare Center; 2. Pollux Manufacturing;

OSHA Advisory Council

-8-

September 15, 2006

3. Anderson and Dahlen; and 4. Worldwide Dispensing. MNSTAR, MNSHARP participant seminar A second seminar for MNSTAR and MNSHARP participants will be Oct. 26. • International Paper will host the seminar. • Topics include: ♦ confined space; ♦ working with contractors; ♦ a networking luncheon sponsored by International Paper; and ♦ a review of the mentoring program. Violence prevention • Fifteen intervention-training sessions with approximately 400 attendees • Sixteen complaints • Permanent employee is on leave of absence and will return Nov. 29. Alliances • Working with Allina about training for “safe patient handling” • Networking with Allina Ergonomics alliance group • Research and develop safe patient handling guidelines • Provide ergonomics technical assistance as needed Safety Grants • State fiscal-year 2006 – July 1, 2005, through June 30, 2006
Safety grant types Total Private sector Public sector Number of grants 115 95 20 Total project costs $3,412,457 $3,168,110 $244,347 Employer match fund $2,917,236 $2,736,445 $180,791 State match fund $608,031 $428,409 $63,556

Breakdown of public-sector grants Schools Cities Counties State 0 11 7 2 $0 $103,865 $81,950 $58,532 $0 $79,891 $51,596 $49,304 $0 $23,974 $30,354 $9,228

Equipment purchased: E-Z lifts, beds, delimber, dust collection system, paint booth, guards, light curtains, exhaust system, personal protective equipment (PPE), scissors lift, nonslip floor surface, ergonomic workstations, security system, rough terrain forklift, sprinkler system, trench boxes, aerial lift, cat dozer, delimber, skidder, JetVac, automated external defibrillators (AEDs) and more.

Ergonomics • The best-practices Web-based project we have been working on, is on the WSC Web pages.

OSHA Advisory Council

-9-

September 15, 2006

• • • • • •

Manufacturing industry Adjustable-height worktables used in computer assembly Motorized cart used to transport computer mainframe up a ramped floor Lift platform for loading mainframes onto a conveyor Automatic pallet-wrapping machine improves efficiency Health care industry Ceiling-mounted lift system reduces common staff-injuries when lifting and moving residents Modified door thresholds allow easy, direct access to adjoining rooms Resident ambulation made easier Links to more information Occupational Safety and Health Administration (OSHA) Ergonomics possible solutions National Institute for Occupational Safety and Health (NIOSH) Lifting Ergonomics and musculoskeletal disorders Australian Occupational Health and Safety (OHS) OHS practical solutions database European Agency for Safety and Health at Work Musculoskeletal disorders Department of Veterans Affairs VISN 8 Patient Safety Center of Inquiry, Tampa Nursing Home effectiveness study Completed phase one of on-site visits to 26 locations Calendar-year 2007 – will retrieve OSHA 300 log data for 2006 to monitor effectiveness of visits; looking for a drop in ergonomics injuries VIII. New business Brainstorming to identify agency improvement initiatives – Carol Bufton

Joachim suggested the group throw everything on the table during the brainstorming session. The goal is better cooperation on all sides; to accomplish that, we’ll want to explore every opportunity to create partnerships. Bufton opened discussion by stating there are no rules and all ideas are welcome. The group should work from the premise there are no resource restrictions. Ajax stated one suggestion he would make for high-hazard industries is that MNOSHA adopt the Department of Transportation’s random-drug-testing policy. He noted in six months he’d lost six employees to methamphetamines. Five refused to rehabilitate and were terminated; four of the five are now working for competitors. Berry asked if it is possible to regulate methamphetamine use? Collins responded that the Logsafe program coordinator is a logger himself. He reported there was a methamphetamine problem last year. In response, Workplace Safety Consultation, in collaboration with the Department of Public Safety, designed a training course to be offered to loggers. Ajax stated the U.S. Department of Transportation was very successful at cleaning up the problem. Berry stated methamphetamine awareness information should be added to the Web site. Stuart asked if Collins could tell him the ratio of consultation to compliance. Collins responded he has 16 professionals.

OSHA Advisory Council

-10-

September 15, 2006

Isakson noted OSHA Compliance has 18 health and 37 safety professionals. Stuart commented he believes consultation and compliance are improperly balanced, because outreach and assistance are crucial. Workplace Safety Consultation needs more people; Eric’s success story is indicative of that. Stuart suggested the ratio of consultation to compliance could be reversed. Burski stated he agrees with Stuart and suggested we find a way to publish what OSHA is doing, in weekly newspaper articles, in addition to our Web site. Ajax noted the media almost always has negative approach. He stated he contacted the Star Tribune to talk about a partnership between labor and industry, and how it can work together to create safe environment and employers can still be profitable. The result is there will be a very positive article in the Oct. 15 employment section and all it took was a phone call. Mueller stated we should show workers’ compensation costs and successes. Collins agreed and stated this was discussed at OSCHON. Isakson explained that when citations exceed $5,000, we work with employers to reduce their penalty and there has been a lot of success with the program. Ajax stated one example of sharing possible outcomes would be to look at the summary log of fatalities. Incident 6,002 happened at a company that is one of my good customers. The day after this incident, I received a call and a request from the company president to talk about the situation. Positive outcomes as a result of my discussion: the company contacted Collins and consultation, joined the Minnesota Safety Council, learned about the machine-guarding grant program and plans on attending the National Conference on Machine Guarding in Eagan, Minn. This is an example of a story to be shared. Hawthorne wondered why hadn’t they done this before? For every 20 companies that care, there are 20 that couldn’t care less. Employees don’t always know what their rights are and need better education. Often they don’t understand they have a voice. Bufton noted this conversation is a perfect demonstration of the balancing act compliance and consultation must do every day. Collins responded that is part of the basis for trying to establish alliances and partnerships. Hawthorne stated the high-bridge plant’s safety training is excellent. Workers are surprised at the level of training being required. Bufton noted using technology more effectively should be on our list. Teigland commented that rules change or are interpreted differently and it would be helpful if OSHA, industry reps and even employees could get together and hash out the rules, have discussion, ask questions, get on the same page. Krueger explained OSHA standards are minimal and employers can go above and beyond. Stuart stated forming alliances with organizations such as AGC and ABC. We should try to involve the unions and associations to bring them into voluntary agreements, so the information is spread more quickly. Collins responded that we’ve got quite a few alliances. We’ve gotten MNSHARP and MNSTAR sites together for positive public relations. Stuart agreed and stated increasing the alliance effort is beneficial for everyone. Ajax stated, back to Pete’s point, using best practices, companies with many hours of no lost-time should share strategies with “brother” companies. Hawthorne noted a “town hall” type meeting would get employers in here to share ideas. He is aware masonry contractors are very interested. Ajax commented it seemed appropriate for DLI to hire a public relations firm to deal with the image issue.

OSHA Advisory Council

-11-

September 15, 2006

Bufton summarized the ideas put forth. • Employer/employee methamphetamine issues – adopt DOT drug testing • Increase the Workplace Safety Consultation staff • Publish OSHA news weekly (mass media, print vs. Web) • Add meth awareness to the Web site • Promote effectiveness (workers’ compensation, success stories) • Raise employee awareness (rights, etc.) • Use technology more effectively • Consistent rule interpretation – meet with affected group • Increase partnerships and alliances • Town hall meeting • Hire a public relations firm • Competency training IX. Future agenda item Bufton stated this discussion would be continued in December. Bufton adjourned the meeting at noon. Respectfully submitted, Susan Boone Executive Secretary