October 2016 IVES Update Newsletter

In this edition we'll be covering the following topics:

• Our Feature Article: Mandatory Means Mandatory - Look it Up.
• News you can use but might have missed!
• A Safety Poem: I Could Have Saved A Life That Day.
• Ask Bob: Our tech guru addresses a question on loader training.
• IVES' 35th Anniversary Sale: Gloves, Propane & Battery Handling Kits!
• Incident reports.
• Last chance to register!
• An answer to last month's What's Wrong With This? Photo and our photo library.
• A selection of interesting articles.
• New testimonials from our wonderful clients.

But first, check out all the places we are delivering training this month...

Mandatory Means Mandatory - Look it Up

How long is it going to be before people figure out that compliance with regulations, the standards they incorporate, manufacturer’s instructions, etc., are not just neat little safety suggestions, they are the law.

Here’s how it works. Regulations, and all the rules they reference, are mandatory. That means there is no discussion, negotiation, or choice. You might think that would be obvious since they are strewn with words like shall, must and many other definitive terms that leave no room for interpretation but apparently to some it is not.

Personally, I am up to here (pointing to the area between my upper lip and nose) with hearing phrases like, we can’t do that or, that’s not realistic, after I tell some safety “professional” that forklift operators have to be evaluated at their workplace on the same type of equipment they will operate or that they need to wear a seatbelt. The science is in, the evidence has been weighed and considered, the decisions have been rendered (in the form of regulations). Time to move on. Not everyone agrees but at this point your agreement is neither required nor relevant and all the rants and raves to the contrary can hope to amount to are little more than incidental side notes in an incident investigation, Coroner’s inquest and/or the litigation that follows.

I apologize if I am being overly sardonic but what is it about the word mandatory that people do not understand? There is no doubt that regulatory compliance can be terribly inconvenient to some but that doesn’t preclude the fact that it must be done. To rail against it with nothing more than an unqualified and/or hostile opinion is akin to howling at the moon, and is just as effective.

If you want to make a case about something then make a case. Investigate, gather evidence, and study data both pro and con. Talk to people on both sides of the issue. Have your peers (if any) review your findings/conclusions and if appropriate, forward your case to the appropriate entity and see what comes back. In the meantime, the rest of us will just have to stumble along in compliance with regulations drawn from empirical data processed through the designated and appropriate channels.

It’s important for employers to remember that their regulatory compliance-related responsibilities cannot be delegated or deflected. Employers can delegate their duties, but never their responsibility. Since employers are responsible for regulatory compliance and all the mandatory elements incorporated therein, it is they that must face the music when there’s a problem, not whoever’s opinion they liked and delegated the task to.

Is it fair that an employer who tries to act in a responsible manner but engages the services of a negligent provider gets burned? Heavens no! But that’s the way it is and you can bet that OSHA is not going to give a rodent’s derriere about that or anyone’s opinion on what is “realistic” or conveniently do-able with respect to regulations.

To coin a popular phrase used in the safety and health biz, ‘If you think compliance is tough, try an accident.’ If that doesn’t convince you, try driving over to the victim’s house to tell the family that their loved one isn’t coming home. Now that’s a tough one.

Rob Vetter
Director of Training
IVES Training Group

News you can use but might have missed!

Check out our new French & Spanish Language Operator Recertification & Requalification Materials available:

• Aerial Lifts Requalification Package Spanish
• Aerial Lifts Requalification Notepad Spanish
• Aerial Lifts Study Guide Spanish
   
• Aerial Lifts Requalification Package French
• Aerial Lifts Requalification Notepad French
• Aerial Lifts Study Guide French
   
• Rough Terrain Forklift Recertification Package French
• Rough Terrain Forklift Study Guide French

Order online or call 1-800-643-1144 to order by phone.

I Could Have Saved A Life That Day

I could have saved a life that day,
But I chose to look the other way.
It wasn’t that I didn’t care;
I had the time, and I was there.
But I didn’t want to seem the fool,
Or argue over a safety rule.
I knew he had done the job before.
If I called it wrong, he might get sore.
The chances didn’t seem that bad.
I’ve done the same; he knew I had.
So I shook my head and walked on by.
He knew the risks as well as I.
He took the chance; I closed an eye.
And with that act, I let him die.

I could have saved a life that day,
But I chose to look the other way.

Now every time I see his wife,
I’ll know I should have saved his life.
That guilt is something I must bear,
But it isn’t something you need to share.
If you see a risk that others take,
That puts their health or life at stake,
The question asked or things you say
Could help them live another day.
If you see a risk and walk away,
Then hope you never have to say:
I could have saved a life that day,
But I chose to look the other way.

—Don Merrell

Ask Bob

Q: What is the requirements for recertification training for a loader, as in 4 hours or 8 hours?
 
A: Currently, there are no regulatory requirements for loader operator certification or recertifications. At IVES, we suggest to our clients that retraining be conducted every 3 years like the OSHA forklift regulatory requirement, to ensure that the operators are operating safely and to make sure bad habits are not taking over.

The manufacturers and OSHA simply state that retraining should be conducted as the employer sees necessary. I wish there were more  information like the forklift regulations which contain much more detail regarding when retraining/recertifications are required but unfortunately there isn’t so we recommend using them as a guideline for loader operators as well. So, to answer your question, you could probably requalify 5 operators in 4 hours and 12 in a full 8-hour day.

35th Anniversary Sale: Gloves, Battery & Propane Handling Kits

We are celebrating our 35th Anniversary and are excited to tell you about our upcoming sale...

Our Propane and Battery Handling PPE Kits and Propane Cylinder Handling Gloves are on sale until November 13.

Order and save 20% on your purchase of these PPE items!
 

Available for a limited time only. Order before November 13 to take advantage of these offers. Place your order online or call 1-800-643-1144.

Incident Reports

A maintenance worker in a self-propelled boom lift was killed after the lift tipped over at a housing complex. When paramedics arrived, CPR was already being administered, according to a police official. The victim was transported to a regional medical center, where he was pronounced dead, according to the coroner's office. Sheriff's deputies took a death report, but the California Division of Occupation Health and Safety is leading the investigation, the official said. The nature of the work the victim was performing when he died is unclear. -www.ocregister.com

A port was fined $10,500 by the N.C. Department of Labor (DOL) in relation to a Jan. 25 accident in which an employee was pinned to a light fixture by a boom lift. A spokesperson said the port is working with officials on the proper after-accident items. The serious violation, with a $7,000 fine, said the port did not properly train or furnish employees with conditions about the hazards of working with a boom lift. The non-serious violation, with a fine of $3,500, was for allegedly not notifying OSHA within 24 hours of an employee being hospitalized, suffering an amputation, or losing an eye. The citations did not specify the employee's exact injuries. -www.starnewsonline.com

Two construction workers were seriously injured while working atop an aerial work platform on the sixth floor of a parking garage construction zone. A fire official was initially unsure whether the workers were hurt by the scissor lift falling over or malfunctioning, or whether something else had caused their injuries. A local TV station later reported that a steel beam fell on the workers while they were in the lift. The men suffered traumatic injuries and were taken by ambulance to a trauma center in serious condition. OSHA and the Salt Lake police are investigating. -www.deseretnews.com

Source: Lift and Access Magazine (Sept-Oct 2016)

Last Chance Programs

We have lots of upcoming programs to choose from, but seats are limited, so register now!

What's Wrong With This? Photo Archive

Check out our archive of What's Wrong With This? photos on Facebook. Click here!

Have a photo you'd like to share? Send it to us!

What's Wrong With This? Photo

Last month we shared this photo and asked if you knew what was wrong...

Unless the manufacturer prohibits the practice, it is not necessarily against the rules to use two pieces of equipment to lift a single load. However, if it is to be done certain protocols should be in place, similar to those involved when performing the same type of operation with cranes, which are:

• The exact load each unit will take must be known.
• The lift must be planned and the equipment operated such that load swing (side loading) is minimized.
• Load weight must remain evenly distributed across both machines (load movements must occur in unison between both machines).
• Only experienced operators should be involved.
• Site conditions, particularly weather–related conditions should be near perfect. Wind is a major concern.
• The equipment involved should be in very good condition.
• Steps must be taken to ensure the equipment remains level and well supported throughout the lift.
• A lift supervisor should selected and remain in visual/voice contact with the operators.
• A pre-lift meeting should occur between the operators, lift supervisor and any other personnel (such as spotters, riggers, signal-persons) to discuss and plan the lift.

With this particular photo two things stand out as no-nos:

• There is no way a person should on the load.
• The equipment should be configured so that load slings are as close to vertical as possible rather than at the angle they appear to be at here.
• The machine on the left has at least one of its wheels up on the sidewalk causing it to be off level with an elevated load.
• Even though this lift appears to be taking place in a residential area, it does not look as if any attempt has been made to keep pedestrian/vehicle traffic clear of the work area.

Have a photo you'd like to share? Send it to us here!

Interesting Articles

• Homes evacuated after excavator hits gas line... more
• Firefighters rescue workers from faulty scissor lift... more
• Increase of workplace fatalities in Tennessee... more
• Communications company claims damages by excavator... more
• Construction worker hurt after backhoe tips over... more
• Winter is Coming: Six Cold Weather Safety Tips... more
• Judge sets aside jury's $4.2 million verdict in forklift death case... more
• Two men arrested, charged with stealing loader backhoe... more
• California worker in bucket truck injured... more

Client Testimonials

 "Had a great time, learned a new skill that I can take with me wherever I go!" Mark, Bimbo Bakeries USA.

"I thoroughly enjoyed this class and the knowledge I received was immense. Highly recommend." Jordan, Landsberg.

"Great program, I have used others and this one is the most comprehensive." Ian, Gladden Equipment Erectors Inc.

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