The National Association of Manufacturers won a victory in its fight against a new, coercive government workplace program.

The NAM took OSHA to federal court to block the Cooperative Compliance Program (CCP), after OSHA targeted some employers in a few selected SIC codes, including all of manufacturing. Using accident report information, OSHA threatened many businesses with costly wall-to-wall inspection unless they entered into the CCP.

"This is 'cooperation' Soviet-style," declared NAM vice president for human resource policy Pat Cleary. "But for now, we've stopped OSHA dead in its tracks."

The NAM's victory puts the CCP on hold until the courts hold a hearing on the issue, which is expected in September.

Participation in a CCP requires adoption of practices and procedures that were dictated by the agency without the benefit of full public comment and analysis. CCP participants would be required to operate under many rules OSHA has been unable to impose through the conventional rulemaking process. For example, manufacturers would be forced to comply with onerous regulations that OSHA may not get through the regulatory process due to stiff opposition from the NAM and the business community.

"This was an attempt at ambush rule-making," said NAM Deputy General Counsel Quentin Riegel. "It's an attempt that will fail."

"In fact," he continued, "this decision is terrific because it means that the court believes we are substantially likely to succeed on the merits and the stay is necessary to prevent irreparable harm to American manufacturers."

OSHA targeted the initial 12,000 companies on the basis of having an injury and illness rate above seven for 1996. The NAM's primary concern is that, if successful, OSHA will simply keep lowering the threshold incident rate until the large majority of American manufacturers are forced to comply with onerous regulations that have not been legally issued.

"There's still work to be done," Riegel added, "but we're feeling good about this. The court seems to feel OSHA's plans are illegal." The NAM presents further arguments against OSHA in April. A final ruling will be issued later this year.

NAM Manufacturers' Washington Faxline

SAFETY TOOLS

On the Web: The Occupational Safety and Health Administration's World Wide Web site contains data on agency inspections and enforcement results. For example, the agency identifies the most frequently cited safety and health standards and offers a breakdown of inspection results within the various industry groups. Also included are general statistics on workplace injuries and illnesses. Access the statistics at www.osha.gov/oshstats/.

On the Web: The top 12 corporate health strategies, as defined by the Health Promotion Center at the University of California, Irvine, are listed on the Internet, along with a workplace health promotion information and resource kit. Access the university's World Wide Web site at www.uci.edu and link to the school's Social Ecology Department.

On Video: Close calls and near misses are accidents too, and the conditions that cause them can lead to serious injuries, according to a new BNA Communications training video, No Injury, No Accident? The video dramatizes over 15 common workplace incidents to show how easily they can result in death or destruction of property. To preview or order the 15-minute video and trainer's manual, call BNAC at 1-800-21-SAFETY.

SMALL EMPLOYER SAFETY GUIDES

Small employers may have special problems in dealing with workplace safety and health. While large corporations can afford the full-time services engineers and industrial hygienists offer, small firms often cannot. Thus for the small employer, the Occupational Safety and Health Administration (OSHA) suggests a four-point system to effectively handle safety and health in the workplace.

Point One: Management Commitment

Small employers should, at all times, demonstrate personal concern for the safety and health of their employees. OSHA advises small employers to take the following steps:

Post your own policy on the importance of worker safety and health beside the required OSHA workplace poster so all employees can see it.

Hold a meeting with all your employees to communicate that policy to them and to discuss your objectives.

Make sure that support from the top is visible by having managers take a personally active part in the activities of the safety and health program. For example, managers should personally review all inspection and accident reports. Ensure that all supervisors adhere to the safety requirements that employees must follow.

Make clear assignments of responsibility for every part of your program and make certain the assignments are fully understood.

Give those with responsibility enough people, on-the-clock training, and other resources to get the job done, and then personally ensure that it does get done.

At least annually, take time to review your accomplishments and to compare them to your objectives to decide if you need to revise the program.

Point Two: Work Site Analysis

Work site analysis is a group of processes that helps employers make sure they know what is needed to keep workers safe. To carry out this phase of the program, the agency suggests the following actions:

Request a consultation visit from your state OSHA Consultation Program covering both safety and health to get a full survey of the hazards that exist in your workplace and those that could develop. You can also contract for such services from private consultants.

Set up a way to get expert help when making changes in your procedures, processes, or facility to ensure that the changes are not introducing new hazards into the workplace. Also, find ways to keep current on newly recognized hazards in your industry.

Assign someone (perhaps teams that include employees) to look carefully at each job from time to time to see if there are hidden hazards in the equipment or procedures involved in the task.

Set up a system of checking to make sure that hazard controls haven't failed and that new hazards haven't appeared. Checking is usually done through routine self-inspections using a checklist.

Provide a way for employees to let management know when they see things in the workplace that could be hazardous.

Learn how to do a thorough investigation to use when things go wrong and someone gets sick or injured. Doing this investigation will help you find ways to prevent recurrences.

Point Three: Hazard Prevention and Control

Once a company knows the existing and potential hazards in its workplace, it is ready to put into place the systems that prevent or control the hazards. OSHA recommends that employers do the following:

Set up work procedures based on hazard analysis and make sure that employees understand t he procedures.

Be ready to enforce the rules for safe work practices. It is a good idea to enlist employee participation in determining a fair discipline system.

Where necessary, provide personal protective equipment to employees and make sure that they know why they need it as well as how to use and maintain it.

Plan for emergencies and drill all employees frequently, so that everyone will know how to react in these situations.

Ask your state consultant to help you develop an appropriate medical program that involves nearby doctors and emergency facilities.

Point Four: Training

When it comes to training, the result that employers should seek is for all personnel to know what is needed to keep themselves and their co-workers safe. To achieve that result the agency suggests the following:

Ask your state consultant to recommend training for your work site. The consultant may be able to do some of the training while he or she is there.

Once employees have been trained on every potential hazard to which they could be exposed, verify that they understand what they have been taught.

Pay particular attention to new employees and to old employees moving to new jobs. Because they are learning new operations, they are more likely to get hurt.

Make sure that supervisors know how to reinforce training with quick reminders and refreshers.

Employers Resource Association