David I Douphrate, PhD, MPT, MBA, CPE, CSP Univ of Texas School of Public Physical therapist Business administration Occupational health and safety Certifications in safety and ergonomics Since 2003: Worker health and safety Workplace productivity and efficiency Safety management and leadership Dairy industry 12 states 100+ dairy farms and owners 4000+ dairy workers

• most milk production (> 50%) in the U.S. comes from large-herd dairy operations of 1,000 head or more (USDA 2013)

• 35% of milk from operations with 2,000+ head

• larger-herd production model due to economies of scale US Dairy Industry

• Increasing herd/farm sizes • Immigrant workforce • High injury rates • High fatality rates Dairy Workforce

• 77,000 immigrant (51%) workers in 2014 • increased by 35% in six years • Workers from Mexico, Central and South America • 85%+ Hispanic • Low education level • 7% no education • 38% primary/elementary school • 18% middle school • 30% high school Why is dairy worker safety an issue?

Slide Title Fatalities 2011: 39 2012: 36 2013: 37 2014: 49 Non-Fatal Injury Rates per 100 workers (dairy/natl) 2011: 6.2 / 3.4 2012: 5.5 / 3.4 2013: 5.6 / 3.3 2014: 6.0 / 3.0 Jan 2016 Indiana PTO Feb 2016 Idaho Manure pit Feb 2016 Utah Lockout Tagout Jul 2016 Southwest Lockout Tagout Aug 2016 South Dakota Manure pit Aug 2016 Michigan Manure pit Sep 2016 South Dakota Machinery Sep 2016 West Machinery 8.6 workers’ compensation claims per 200,000 work hours, higher than the BLS national injury rate (6.2 per 200,000 hours) Slide Title

OSH Act & OSHA

Until 1970, NO uniform and comprehensive provisions existed for work safety and their protection against Occupational Health & Safety Act of 1970 Passed by bipartisan Congress “to assure so far as possible every man and woman in the Nation safe and healthful working conditions and to preserve our human resources.” The Occupational and Safety and Health Administration (OSHA) was created within the Dept of Labor Applicability & Exemptions

All employees and their employers under Federal Govt. authority are covered by OSHA Coverage is provided either directly by federal OSHA or through an OSHA-approved state program OSHA does not cover the self-employed or immediate members of farm families that do not employ outside workers Applicability & Exemptions

A farmer who employs one or more persons has the legal responsibility to assure safe and healthful working conditions under the OSHAct. An amendment to the act prevents OSHA from spending any funds to issue or enforce any regulations that apply to any person who farms and employs 10 or fewer employees. Applicability & Exemptions

This amendment does not eliminate the possibility that an employee could use the regulations in a lawsuit against an employer.

For this reason, all employers should comply with the act and provide their employees with a safe and healthful place to work. State vs Federal OSHA

States must set safety and health standards that are "at least as effective as" comparable federal standards. (Most States adopt standards identical to federal) States have the option to promulgate standards covering hazards not addressed by federal standards. AK, AZ, CA, CT, HI, IL, IN, IA, KY, MD, MI, MN, NE, NM, NJ, NY, NC, OR, PR, SC, TN, UT, VT, VI, VA, WA, WY Inspections, Citations & Penalties OSHA Inspections

OSHAct enables the Secretary to inspect job sites OSHA reps must show proper credentials before inspection Inspections can occur at any reasonable time and cannot be delayed Inspections can take place anywhere work is performed by EITHER employer or employee Marshall v Barlow’s Inc (Supreme Court Decision) SC ruled that a provision of the OSH Act authorizing warrantless inspections of workplace premises for safety hazards violates the Fourth Amendment http://elr.info/sites/default/files/articles/8.1013 2.htm

Inspections

Inspections ALWAYS conducted without advance notice except for special circumstances Imminent danger Accident investigations OSHA Inspection Priorities

Imminent danger situations = top priority Investigation of fatalities and accidents resulting in death or hospitalization of 1 or more employees (must be reported to OSHA within 8 hrs) Formal employee complaints Programmed inspections aimed at specific high- industries, workplaces, or occupations Follow-up inspections Inspection Process

Compliance officer displays official credentials and asks to meet with appropriate employer rep Opening conference Inspection (officer determines route and duration of inspection) Records will be inspected Hazard Communication Program Closing conference Most Frequently Cited Standards in Dairy Process safety mgmt of highly hazardous chemicals (1910.119) Formaldehyde (1910.1048) Hazardous waste operations and emergency response (1910.120) Hazard Communication (1910.1200) Respiratory Protection (1910.134) Roll-over protective structures (ROPS) (1928.051) Guarding floor and wall openings and holes (1910.023) Eye and face protection (1910.133) Medical services and (1910.151) Guarding of field and farmstead equipment (1910.057) OSHA Penalties

After Compliance Officer reports findings, Area Director determines whether he or she will issue citations and/or penalties Notice of proposed penalties by certified mail Employer must post a copy for 3 days or until the violation is abated Appeal process does exist OSHA Penalties (federal) New penalties effective August 1, 2016

Other than serious violation $12,600 Serious violation $12,600 max $126,000 max Repeated violation $126,000 max Local Emphasis Programs (LEPs) are enforcement strategies designed and implemented at the regional office and/or area office levels. Intended to address hazards or industries that pose a particular to workers in the office's jurisdiction. The emphasis programs may be implemented by a single area office, or at the regional level (Regional Emphasis Programs), and applied to all of the area offices within the region. LEPs will be accompanied by outreach intended to make employers in the area aware of the program as well as the hazards that the programs are designed to reduce or eliminate. Outreach may be in the form of informational mailings, training at local tradeshows, or speeches at meetings of industry groups or labor organizations. OSHA Emphasis Programs

Wisconsin

New York Idaho Manure storage (confined space) Dairy bull & cow behavior/worker positioning Electrical systems Skid steer loader operation Tractor operation Guard power take-offs (PTOs) Guarding of other power transmission and functional components (grain storage facilities) Hazardous energy control while performing service and maintenance on equipment (lockout/tagout) Hazard communication (60% of farms had violation in this area) Confined space (need placards for confined space) Horizontal bunker silos (Silo Association) Noise (currently national emphasis program)

 Provide a workplace free from recognized hazards and comply with OSHA standards  Provide training required by OSHA standards  Keep records of injuries and illnesses  Not discriminate against workers who exercise their rights report safety issues (whistleblower protection)  Post OSHA citations and abatement verification notices  Provide PPE

Dairy Safety Hazards

Manure storage Dairy bull & cow behavior/worker positioning Electrical systems Skid steer operation Tractor operation Guard power take-offs (PTOs) Dairy Safety Hazards

Machine guarding Equipment maintenance (lockout/tagout) Chemicals Silage storage Noise Silage Safety Silage Safety

Falling from height Run over by machinery Tractor rollover Machinery entanglement Silage avalanche Silage Safety Never park vehicles or equipment near face No workers near face Warning signs Manure Safety

Signage around high traffic areas High visibility safety vests Confined space training Fencing Common sense approach Location of manure pit Keep animals out Children living on farm? State regulations? Barricades High traffic areas Animal Handling Animal Handling Machine Guarding

Electrical Safety Communication

Animal

Working Worker Environment N=450 76% report work-related MSS in at least one body part 55% MSS in upper extremity Job factors associated with MSS: Performing same task repeatedly Insufficient rest breaks Working when injured Static postures Adverse environmental conditions Reaching overhead muscle posture & motion parlor design work organization milking routine work-rest strategies staffing level worker fatigue and performance Herringbone Parallel Rotary Higher muscle activity in herringbone and parallel Job control? Stress? Increase muscular rest in rotary milking cluster design *manuscript submitted milking tool: Teat scrubber *manuscript submitted

Unsafe acts are the principal cause of incidents Attributing incidents to worker errors is a simplistic way to divert attention from more complex organizational deficiencies Management too often content with “getting workers to behave” as opposed to dealing with more deep-seated organizational issues Unsafe acts are symptoms of more systemic problems in management system Controlling the worker is the essence of safety Since many still accept that all incidents are the fault of workers behaving badly, worker-focused approaches are still prevalent Need to focus on other factors: Design and engineering of workplace Operational systems Production Training adequacy and effectiveness Organizational cultural issues Compliance equals safety Safety is more than compliance Believing rule compliance ensures safety was a principal cause of man-made disasters Three Mile Island, Chernobyl, Deep Water Horizon Compliance should be a by-product (not a driver) of organizational safety Low (or zero) injury rates indicate safety Many ways to achieve low (or zero) injury rates Do no work Manipulate the data Do not report incidents Get lucky YES…..Businesses should track injury rates BUT, a goal of low or zero rates leads to data manipulation missed learning opportunities potentially dangerous and unwarranted complacency Injury Rates

Injuries or near misses are rare events The lack of an injury may be normal variation in the injury rate Most business managers do not monitor the average number of days between incidents Fact

If….. the number of unsafe conditions and behaviors were held constant….. a company would still experience a different number of incidents during the first half of a year compared to the last half So…if a company had fewer incidents in second half of year, was safety management more effective than before? Takeaway Message

Business owners should not wait until a safety incident occurs before implementing safety measures Proactive injury prevention is key

Safety Management Blueprints

(Coming 2017) Safety Management Components

Owner/Manager Commitment Employee Participation Hazard Identification & Control Education & Training 1) Owner/Manager Commitment

• Assume responsibility • Demonstrate commitment • Written policies • Advertise safety • Accountability • Monitoring/metrics Approach

Focus on prevention (proactive mgmt.) Not accidents (reactive mgmt) 2) Employee Participation

• Investigations • Procedure development • Training development • Safety analysis • Safety recommendations 3) Hazard Identification & Control

Recognize hazards Evaluate hazards Control hazards 4) Safety Training

Development Delivery Evaluation Documentation Safety Training

Breakout Session at 10:00 am: Safety Training using Novel Mobile Technologies

Lunch Session at 12:00 Training Effectiveness Evaluation Become familiar with tenets of safety management Recognize that low or zero injury rates do not protect against more serious incidents Move beyond single-event thinking that unsafe acts are principal cause of safety problems Search for opportunities to involve and engage workers Promote strategic safety management Owners and top managers must provide forceful and continuous leadership Work environments must be made safe, free of recognized hazards Supervisors must be competent and effective safety leaders Employee participation in safety is paramount Workers must be trained in the recognition and reporting of safety hazards Employees must abide by safety rules Resources

Dairy Farm Safety website with articles written on a safety management and farm hazards. https://sph.uth.edu/dairy-farm-safety/

New Mexico State University Dairy Extension website with information on safety training videos. http://aces.nmsu.edu/ces/dairy/index.html David Douphrate, PhD, MPT, MBA, CPE, CSP University of Texas Health Science Center School of [email protected] cell 970-980-8132

Robert Hagevoort PhD New Mexico State University Dairy Extension [email protected] cell 806-786-3421