Part 100

Part 100 of 30 CFR
Criteria and Procedures for Proposed Assessment of Civil Penalties
Contact me if you want the full text with assessment tables
Introduction
Part 100 outlines the specific criteria and procedures that MSHA uses to determine the appropriate civil penalties. There is no longer a single penalty assessment. The penalty amount for citations uses the “regular assessment” formula. The “regular assessment” formula is found in 30CFR, Part 100. The regular assessment formula uses a “penalty point” system to calculate the dollar amount of the fine. MSHA was given a directive by Congress through Section 105 (b) and Section 110 (i) to take specific factors into account to determine the dollar amount of any assessment. To make this determination, six criteria are weighed separately, and each is assigned a point value. These points are added, and the resulting total is used as a reference to determine of the dollar amount of the assessment. The higher the total point value, the higher the fine. As Congress required, the six criteria that are used to make this determination are:
1. The appropriateness of the penalty to the size of the operation.
2. The operator’s history of previous violations and repeat violations.
3. The degree of operator negligence.
4. The gravity of the violation.
5. The demonstrated good faith of the operator charged in attempting to achieve rapid compliance after notification of a violation.
6. The effect of the penalty on the operator’s ability to continue in business.
Point values from each of these categories are added together, and then a reference chart is used to determine the size of the assessment. The tables for each of these are found in Part 100. Total point values for each regular assessed citation can range from less than 60 ($112 fine) to 140 ($60,000 fine).

2 Safety Clips

Here are two short video clips to check out...great meeting starters. I messed up the link when I first posted this info a week ago!

http://www.prevent-it.ca/see-it-tv-spots

Check this out!

Man Loses Arm In Machinery Accident
Click on this link to hear the 9-1-1 call
http://home.kxan.com/mpegs/01-02-08_emergencycall.mp3

A concrete worker is recovering in the hospital after his arm was amputated when it got caught in a piece of machinery Wednesday morning.

The man was clinging to life, but he managed to call 911.
The accident happened at the Alamo Concrete facility near Highway 290 and Ballerstedt Road in Manor.
Emergency crews transported the employee to Brackenridge Hospital in Austin, where he is in critical, but stable condition Wednesday afternoon.

Emergency Medical Services officials said his injuries were severe, but he was awake and alert enough to talk to medics on the way to the hospital. EMS officials said the employee was there at 4:30 a.m., warming up some equipment when his coat got entangled in a piece of machinery.

He told medics that he was stuck for what he thought was about 30 minutes until his arm was amputated.
It's not clear whether he self-amputated his arm at the elbow to free himself, or if the machinery cut off his arm.
Nobody else was on the site at the time.

"His sleeve had become entangled in a pulley or an auger, and he was mangled severely and held in place for approximately 30 minutes," said Warren Hassinger with EMS.
EMS officials also said that employee could have died there, and that piece of machinery could have pulled him in completely.

His name is not being released right now.

Taken from MSNBC.com
http://www.msnbc.msn.com/id/22475074/

Training Aids

Need a powerpoint for a safety meeting? Click on the Mine Rescue Respository in the Safety Links section. It will take you to the U.S. Mine Rescue Safety Training Material Repository where you will find a lot of good information free of charge. You can also make a donation for the association via PayPal if you so choose.

Safety...working together to get everyone home!

Keep your focus

A serious injury occurred recently because a spotter took his "eyes off task" and that got me wondering if the contract employee was properly trained. Some supervisors complain about people not following rules but sometimes we make assumptions like 'all employees get the same training' or 'that is just common sense'. We forget that everybody has a different knowledge base from the various experiences and training they have received.

Now let's discuss the injury: The hoistman had lowered the load to the ground and the signal man/ground worker had disconnected the load and removed the slings. Job completed right? ...WRONG! The hoistman still had to pull the ball up and as he was doing this the signal man took his eyes off task and was talking with other workers in the area of the load. Well the electric control failed and the wire rope continued to retract onto the spool...the hoistman was trying to get the attention of his ground personnel to no avail. Then it happened... the ball broke loose and crashed to the ground. It glanced off one of the workers' hardhats and cracked his skull. Please...remind your people to Keep their Eyes and Minds on Task!

Lives can be forever changed in a second. This guy may never work again...learn from his mistakes...Keep'm safe out there!

Remember: To the world you may be only one person; but to one person you may be the world.

2 Great videos

Check out this site for a couple of great safety clips!

http://www.prevent-it.ca/see-it-tv-spots

Tidbits – 1/14/08

Home Safety Tips: Each year 7 million Americans suffer disabling injuries and another 28,800 die as a result of injuries in the home. Here are some tips to make your home a little safer.
Emergency Phone Numbers/Emergency Evacuation Plan - Post a list of emergency phone numbers at every telephone in the home or at least on the refrigerator. In the event of an emergency, time is of the essence and even a child can phone for help if the number is available. And, make your escape plan now, before you need it. Have at least two exits from every room and include all occupants of the home in practicing the plan.
Slip-Resistant Finishes - Use a non-slip mat, or install strips/decals in bathtubs and showers to prevent slipping. Head injuries due to a fall in the shower can be disabling!
Tagged Shutoffs - Place tags on your home shut off valves for gas, oil, and water, and the main shutoff for your electrical supply. Know how to safely turn off these services to your home in the event of an emergency.
Handrails - Properly shaped handrails on both sides of all stairs are important. Many stairs lack a handrail on one or both sides and too often the handrail is hard to grip. Don't forget that stairs with just two or three steps (typical on the exterior of many homes) need handrails. Visit homesafetycouncil.org for additional home safety information.

Step up
“If you don't accept responsibility for your own actions, then you are forever chained to a position of defense.” -Holly Lisle

Warning for ATV Enthusiasts - Before you place your helmet near a paint can, or over your handlebars, check out these little-known facts regarding ATV riding helmets and safety:
-Never store your helmet near gasoline, cleaning fluids, or paint. The fumes can react with the helmet's materials and cause the helmet to decompose.
-Never place your helmet near a quad's exhaust pipes or hot engine parts. The heat can melt or deform the shock absorbing liner, usually a form of Styrofoam, rendering it useless in an impact.
-Never hang your helmet on your handlebars. You might not be able to see it when mounting your quad and the shock absorbing liner may compress if it carries the weight of the helmet. Source: New Hampshire ATV Club

Did You Know…
-TVs, ranges and other furniture can tip over and crush young children. Teach kids not to crawl up or own furniture.
-Over a half million bunk beds have been recalled in the past few years for safety’s sake.
-According to this news account, teenagers were:
48% more likely to have a vehicle accident when there was another passenger in the car compared to them being alone.
158% more likely when there were two passengers.
200% more likely when there were three or more. Thanks to Bob Cornett

Quote of the Week: “The golden moments in the stream of life rush past us and we see nothing but sand; the angels come to visit us, and we only know them when they are gone.” George Eliot

They Closed the Plant Today

by w.a.k

They closed the plant today,
And sent our jobs away

To Mexico or China, somewhere overseas,
But no more jobs for you and me.

The mills are still and the kiln is cold,
What do I do now…I’m almost 50 years old?

They closed the plant today,
And left us all with bills we can’t pay.

They say that the cost of production just got too high
So they're closing down and saying ‘Bye-Bye’

No more income, the crappy insurance is gone too!
And there are no local jobs for me or you!

They closed the plant, what a shame,
Could I have been part of the blame?

Guess, I’ll check the papers and get some interviews,
But it seems like I’ve already paid my dues.

Wow, there sure aren’t many jobs around
I hope I don’t have to leave my hometown.

The bills will pile up for my house and my truck,
Man, I can’t believe it…just my bad luck.

What’s that noise…is it an alarm or a scream?
Oh that’s the alarm clock…Thank God it was only a dream!

Wake Up America!!!!!!!!!!!!!!!!

Family Protection

Week 3 – Hazards are everywhere and you paying attention!?
Now I don’t want to pick on China, but man are they sending us junk or what? Toys painted with lead based paint; Aqua-dots (toy beads) coated with GHB the ‘date rape drug’; tainted pet foods, fake drugs; toxin-laced cosmetics; pesticide-laden mushrooms; poisoned toothpaste; tainted wheat; fake GFI outlets that snap and make you think they work, etc., etc. And it’s not just China…there seems to be no shortage of junk on the market. The safety and welling-being of our friends and families is important to each of us and that is the focus of this week’s Tidbits!
After reading about all the recalls, I am glad that we have the CPSC, but can they catch everything? Probably not, but the Consumer Products Safety Commission is looking out for you whether you realize it or not. The problem is most people are not really paying attention…are you? I know I am guilty of letting my guard down.

I met with an insurance representative recently and he mentioned the fake Square D circuit breakers that are on the market and it scared the heck out of me! That got me thinking about all the issues with products imported from China recently, so I hit the web.
WOW! What an education I received. First I printed 2 pages of products recalled this month alone (yes, January 2008). Next, I printed out the December recalls and almost needed another ink cartridge for those 7 pages. Then I printed out just the toy recalls and guess what 12 pages. Twelve pages of toy recalls (45 entries per page) can you believe it? If you have children or grandkids check this out. The list includes items like strollers and teething rings, magnetic toys, dolls, flashlights, toy rakes, bath toys, LEGO sets, wooden wagons and many more.
Finally, I went to the Sports and Recreation section and Surprise -- Another 10 pages of items like (GFCI circuit breakers, tree stands/tree seats, ATVs, snow mobiles, bicycles, bike helmets, chin straps for football helmets, model rockets, batting tees, aluminum bats, fireworks, camping stoves, exercise machines, treadmills, basketball hoops, safety-toe hiking boots; air rifles, pellet pistols, BB pistols, gun locks, hand gun holsters, propane heaters, etc.). There were other options to click on but you get the picture!

Safety…is it everywhere you want to be? The more you know the better off you are. Check the site and see if you have any items on the list before someone you know and love gets hurt!

Learn more at www.cpscgov. I was amazed by all the products that have been recalled and still have to review the rest of the list to see how many of these products I actually own. Keeping the family safe is a tough job; hopefully this will make the job a little easier. Stay informed and Be Safe Out There!

Get a handle on Safety...It's your grip on Life!

Foods to Avoid!

The 10 Absolute Worst Foods You Can Eat
Foods and ingredients on this list don't need to be avoided entirely. Just be sure to eat them sparingly if you eat them at all.

Hydrogenated fats
These are mostly man-made fats that are used in bakery items and stick margarine. Studies show that it isn't so much how much fat there is in your diet that causes problems, as what kind of fat, and hydrogenated fats are the worst. Avoid buying cookies, crackers, baked goods or anything else that has hydrogenated oil on the ingredient list. Fortunately, the FDA now requires that food manufactures identify the amount of hydrogenated fats in their products—look for trans fats on the nutrition panel.

Olestra
Olestra is a fake fat, used to make non-fat potato chips and other snacks. You'd think, with all the bad rap fat has gotten, a non-fat fat would be great. But Olestra has been shown to bind with fat-soluble vitamins A, E, D and K and carotenoids—substances thought to keep the immune system healthy and prevent some cancers—and to eliminate them from your system. Proctor and Gamble, the company that produces olestra, has acknowledged the problem with vitamins A, E, D and K and is now fortifying it with them.
Olestra has also caused digestive upset in some people, especially when they eat a lot of it. Often, it's not just fat in the potato chips that causes problems for people; it's the fact that they are displacing healthier foods, such as fruit, so Olestra can just perpetuate an unhealthy habit.

Nitrates
Many foods, especially cured meats such as bacon and hot dogs, use nitrates to preserve color and maintain microbial safety. Nitrate is harmless, but it can convert to nitrite, which can form nitrosamines, a powerful cancer-causing chemical, in your body. Whenever possible, look for nitrate-free preserved meats. When you do eat foods containing nitrates, have a glass of orange juice at the same time (for instance, orange juice with your morning bacon). Vitamin C is known to inhibit the conversion to nitrosamines in your stomach.

Alcohol
This one item has created more problems than all the rest put together. Of course, it is possible to consume alcohol wisely and safely and enjoy it immensely, such as a fine glass of wine with a delicious dinner. But even if you exercise caution in no other area of your diet, this is the area where you should.

Raw oysters
Raw oysters can carry deadly bacteria that can cause severe illness or death. Because it is strictly "buyer beware" when buying them, you take a big risk every time you do. To date, no government or independent body inspects seafood for safety or will guarantee its quality. Oysters are a nutritious food, and are great to include in your diet, but if you do, cook them first!
Saturated animal fats
That means fatty meats, especially beef and pork, or the skin on poultry. It also includes full-fat dairy products such as cheese, milk and cream. Fatty meat and dairy products do have some contributions to make to a diet, but none that can't be found elsewhere.

Soda
Drinking soda is a poor way to get fluids. They are full of sugar or artificial sweeteners and often contain caffeine, artificial colors and flavors. Substitute homemade soda by mixing sparkling water with fresh, 100 percent juice.

Low-acid home-canned foods
Home canning can be dangerous for foods low in acid such as green beans, carrots or other garden vegetables. The potential of botulism is high because home canners often do not reach the temperatures and pressures necessary to kill the botulism spores that may contaminate the food. Low-acid home-canned foods are one of the main causes of food poisoning.

High-fat snacks, chips
Even if they are made with vegetable oil, they should be minimized. The balance of fat in our diets has shifted too far to the omega-6 variety, found in most processed vegetable oils. It is thought that too many of these fats may be leading to certain chronic diseases. Instead, focus on fruits and non-fat whole grains for snacking.

Liquid meals
They aren't inherently bad for you, but they do keep you from eating whole, natural foods that contain more nutrients and fiber and disease-fighting phytochemicals. They may be okay for people who are too sick to eat, but don't let them displace the real foods in your diet.

Tidbits – 1/07/08

Your work boots may be a Hazard?
-It is a documented fact – slip/fall accidents kill more workers than all other forms of workplace accidents combined. Slip/Fall injuries is the Nation’s No.2 Killer (No.1 is automobile accidents) with medical costs exceeding $30 billion annually.
- Over 9 million people are hospitalized each year as a result of a slip or fall injury.
-This amounts to 1000 injuries per hour, every hour of the day.
-Over 11 million workdays are lost each year as a result of slip or fall accidents.
-Check the soles and heals of your boots regularly and replace boots as needed.

Here’s a tip
“Dig where the gold is…unless you just need some exercise.”-John M. Capozzi,

The Deadly Dozen
Acquaint yourself with the items listed below; these are the major causes of accidents and injury. The ranking may change from year to year, but these are some of the main things to watch for if you want to protect your people. (From our friends at USF&G Ins.)
Unsafe Actions
1.) Unauthorized use/operation of equipment.
2.) Removing, by-passing or making safety devices inoperative.
3.) Servicing moving or working equipment.
4.) Operating or working at an unsafe speed.
5.) Failure to wear the proper protective equipment.
6.) Failure to secure or tie down against unexpected movement.
7.) Using defective tools or equipment.
8.) Using tools or equipment in an unsafe manner.
9.) Standing in an unsafe place or taking an unsafe posture.
10.) Riding hazardous moving equipment.
11.) Horse-play, distracting, startling and goofing around.
12.) Failure to warn or signal as required.

Unsafe Conditions
1.) Inadequate guards or safety devices
2.) Unexpected movement hazard
3.) Poor Housekeeping
4.) Protruding object hazards
5.) Close clearance or congestion hazards
6.) Hazardous arrangement, placement, or storage
7.) Inadequate illumination
8.) Lack of an adequate warning system
9.) Fire and explosion hazards
10.) Hazardous defects of tools or equipment
11.) Hazardous atmospheric conditions
12.) Hazardous personal attire (loose clothing, long hair, jewelry, etc.)

Give it a shot
"Treat people as if they were what they should be, and you help them become what they are capable of becoming." --Johan von Goethe

FOCUS!!

At home, work or play…Keep Your Eyes and Mind on Task Today!
Repetition is good so I will be pushing this topic throughout the year. Please maintain your focus; it is a great way to avoid injury.
One day back in ’69, my mom was busy baking a pie or something (mom’s used to do that kind of thing). Being a multi-tasking Type A person she liked to clean, cook, or iron as she talked on the phone (so we had this 50 ft cord on the telephone so she could vacuum the wall-to-wall shag carpet while she chatted…but I’m starting to drift). Anyway, mom was baking up a storm and she also had a pot on the stove when the phone rang. It was some lady friend that loved talking and soon mom’s mind and eyes were no longer on task (the lights were on but well you know…). Well while she was talking, she kind of wiped off the stove and presto…her apron (guys use’m when cooking on the grill) was on fire, but us kids couldn’t tell mom that…she was on the phone. I remember because when I said "hey mom you’re on fire." She said, "be quiet I’m on the phone!"
Now I’ve always liked fire, but don’t take my word for it ask my old neighbor…the one that had the garage fire in the early 70’s. We’ll cover that when we talk fire safety.
Anyway, I knew mom didn’t like fire and my sister and I were getting pretty excited (wow, Mom is tough…she’s on fire and she doesn’t care). Finally she responded to our frantic cries, MOM, You’re ON FIRE! Suddenly we were communicating and we heard, "Oh my gosh, I’m ON FIRE, I’m ON FIRE…I’ve gotta go, I’m on fire." Aw yes, nothing like a little fire to get your mind and eyes back on task. You see phones (corded phones that is!) were a problem way back in the 1960’s.
Today almost 40 years later their distant cousin, the cell phone, is the culprit. If you drive while talking on a cell phone (hands-free included) you are more likely to tailgate and you will generally drive 2 MPH slower than traffic. Your chances of getting into a motor vehicle accident are 5 times greater then a driver that is not on a cell phone. WHY??? Because your Mind is not on task (even with a hand’-free head set – your head is out of the driving game). Memo to Self: In the car let the phone ring and return the call after you’ve parked the 2-ton monster.
About two years ago, a co-worker was on the phone with a customer (who was on a cell) when the conversation ended abruptly. He tried calling the customer/friend back and got no answer. He got a call a couple nights later…the guy he was talking to had died in a car accident a couple days earlier (while talking on the cell phone). My co-worker buddy told me, ‘Man, that funeral sucked.’
When you drive, DRIVE -- Don’t talk on your cell! Don’t eat your breakfast, lunch or dinner while barreling down the road. Ladies – put your make-up on before you get in the car. And if you are going down the road 20, 30 or 60 mph and drop something…let it go. It will still be there when you pull over. Reach for it while driving and it may be ALL OVER! And when you call somebody ask if they are driving and if they are have them call you when they are off the road. Be safe out there it’s a cruel world.

I've Got Your Back!

by Safety Wayne

You violated a safety rule again, so I couldn’t look the other way
Yes, I wrote you up and you’re not here today.

But you’ll be back again in 3 days time
You got time off for your safety crime.

Could your wife raise your kids all alone?
Think about that while you’re sitting at home

Some people think 3 days is too harsh for a safety infraction
But you could have fallen if you’d lost your traction.

The fall was only 6 feet, I agree that’s true
And maybe you’d have just gotten black and blue

But what if you’d fallen and hit your head
Why you could be a paraplegic or dead.

Now you’re mad but you’ll get over it one of these days
And hopefully you will realize that Safety pays!

And, if you’d gotten seriously hurt because I let you slide
It would really be tearing me up inside.

I have too many dead friends and don’t need another
Even if you stay mad, I’ll be watching out for you brother.

Yes, I’ve got your back it's what friends do…
Please tell me that you have mine too!

Tidbits – 1/03/08

Tidbits
-In a recent survey, employees were asked what they wanted from an employer. The Top 3 Responses: Appreciation for work done (hearing Thanks!); Feeling In on things (being in the loop - part of the Team) and Understanding of personal issues (compassion).
-January is National Volunteer Blood Donor Month. Make a Difference – Donate Today…it could Save a Life!

See it, believe it then work to achieve it
“One person with a belief is equal to a force of 99 who have only interests.”
--John Stuart Mill

Driving is Dangerous
Motor vehicle crashes are the leading cause of death among 1- to 34-year olds in the U.S. According to the U.S. DOT, 3,620 drivers in the15-20 age group died in car crashes in 2004, accounting for 14 percent of all the drivers involved in fatal crashes and 18 percent of all the drivers involved in police-reported crashes. Twenty-four percent of the teen drivers killed were intoxicated. In 2002 (latest data available) the estimated economic cost of police-reported crashes involving drivers between the ages of 15 and 20 years old was $40.8 billion, according to the NHTSA. Teenage deaths due to motor vehicle accidents occur on weekends 53% of the time. Teen drivers killed in motor vehicle accidents had a youth passenger in automobile 45% of the time.
Most Americans (61 percent) think that 16-year-olds are too young to drive, according to a USA Today/CNN/Gallup poll. The poll, conducted in December 2004, also found that 53 percent thought that licenses should not be issued until the age of 18.

Anyway
People are unreasonable, illogical, and self-centered,
Love Them Anyway.
If you do good people will accuse you of selfish, ulterior motives;
Do Good Anyway.
People really need help but may attack you if you help them;
Help People Anyway.
If you are successful, you win false friends and true enemies;
Succeed Anyway.
Give the world your best and you will get kicked in the teeth;
Give The World Your Best Anyway!
Taken from a sign on the wall in the Calcutta Children’s Home founded by Mother Teresa.

Fire Safety Review
Fires kill approximately 5,500 Americans and injure over 300,000 each year. The major causes of home fires: Smoking 26%, Incendiary or Suspicious 16%, Heating 14%, Child Playing 10%, Electrical Distribution 10%, Cooking 8%.
-Teach the family to STOP, DROP and ROLL if clothes catch fire. Purchase collapsible LADDERS, if you have small children, and practice using them. Source: NFPA
-Nearly 3/5 of the residential fatalities occur in homes without a WORKING SMOKE DETECTORS! Purchase quality smoke detectors and replace batteries annually.
-A carbon monoxide detector is also a good idea. Source: USFA

Quote of the Week: “To acquire knowledge, one must study; but to acquire wisdom, one must observe.” -Marilyn vos Savant

Week 1 – Make Life Easier…

Look for the Lesson and Learn from it!
We all have the opportunity to learn and benefit from our daily experiences. Many times we are too busy to look for the lesson in those experiences. The good news is if we don’t learn from our mistakes (experiences) we will make them again and eventually we ‘get it’.

Learn from Others
Remember the wise person learns from the mistakes of others. In safety as in life it is generally less painful if the other guy is the one receiving the lesson, so why not get a freebie while you can.

Experiences my family had during the last quarter of 2007 and the Lesson of each
Experience 1: My teenage daughter in a rush to go to Wal-Mart ran out to her car to unlock it for her and her mom. She opened the driver’s door, stuck the keys in the ignition, pushed the lock button and closed the door. Oops…was that the lock button? Oops are those my spare keys in the center console? Hey dad…
Lesson: Rushing can cost you time (an hour wait) and money ($45 for a locksmith). Tip: It can cost you a lot more than that. Rushing (or cutting corners can lead to injury or death) Slow down, focus, think about what you’re doing and remember to keep yourself out of harms way.

Experience 2: My son was hot-rodding his truck and blew his engine…he got mad and hit the windshield breaking that too.
Lesson: Getting mad about a problem often times magnifies it. Tip: When things go wrong as they often do…Think and take action to minimize the damage. Let me clarify, THINK before taking action!

Experience 3: I left the house on Friday morning (12/28) with a migraine (still tired from the back and neck ache that kept me up most of the night). Then, I had the pleasure of getting pulled over for a California stop just off Oklahoma Highway 69 at 6:00 am.
Lesson: Failure to come to a complete stop in Oklahoma will run $206.50 (fatigue can lead to a lot more than tickets…your brain takes micro-naps when you are up too long -- ever wake up and not remember driving home after working 16 hours?). Tip: Both on and off the job, obey the posted signs and never underestimate the value of a good nights sleep. Posted signs are the rules that help keep you safe, but if you push yourself too hard…you could be heading for trouble because you may miss the sign.

Experience 4: We spent a few weeks this fall tearing down our barn that was damaged by a wind storm. The girls were talking and her mind and eyes were not on task. My daughter got complacent or distracted and stepped on a rusty nail.
Lesson: Distractions can lead to injury and injuries can be painful. Tip: Keep your focus on the task at hand especially when performing non-routine tasks and mundane tasks…no matter how many times you’ve done it.

Remember the four critical states that lead to mishaps
-Rushing -Fatigue
-Frustration -Complacency