Workers Comp
News for Public Employers
-published by PERMA, Public Employer Risk Management Association, Inc.
How to Avoid PESH &
OSHA Violations
Frontlines
Brent Wilkes, President, Page 2
PESH/OSHA Definitions
Page 3
Toxic Substances
Record Keeping
Page 3
Top 10 PESH Violations
Page 4
Regional Meetings Page 4
Annual Conference Page 5
Chain Saws Page 6
PERMA
Claimants Speak
Page 7
PERMA Highlights Page 8
“The most effective way to avoid PESH or OSHA violations is make sure your workplace
is compliant in five key areas: 1. Electrical hazards, 2. Hazard Communication Programs,
3. Grinding and abrasive tools, 4. Personal protective equipment assessments, and
5. Exit marking,” says PERMA Senior Loss Control Consultant, Norm Wiley, CPCU, CSP, ARM.
These five areas account for 84 percent of all types of violations issued in the past three
years, according to Norm. The first item, electrical hazards, accounts for 23 percent of all
violations. Many electrical hazards are easy to spot, such as missing switch plates or broken
ground plugs. “Employers can save themselves a lot of trouble by simply inspecting all outlets
and plugs,” says Norm.
Issues with Hazard Communication Programs are responsible for 21 percent of all PESH violations. All employers responsible for workplaces utilizing hazardous chemicals must provide proper
labels for such substances, Material Safety Data Sheets, and training to help ensure that their
exposed workers handle the chemicals appropriately. PERMA.org provides members instant access
to a sample hazardous materials plan, which employers can use as a template for their own
workplace hazardous materials plan.
Grinding and abrasive tools provide inspectors with an easy “gotcha” violation in many cases.
“The problem with grinders, for instance,” says Norm, “is that regulations stipulate that the
Continued on page 3
Sp r i nJgu l2y00079
Workers Comp
News for Public Employers
Published by PERMA, Public Employer Risk Management Association, Inc.
Frontlines
9 Cornell Road, Latham, NY 12110
P.O. Box 12250
Albany, NY 12212-2250
Tel: (518)220-1111
Fax: (877)PERMA-FAX
Toll Free in US: (888)PERMA-NY
BOARD OF DIRECTORS
John T. Pierpont, Chair
Village Manager
Village of Pelham Manor
Stephen Altieri, Vice Chair
Administrator
Town of Mamaroneck
Robert Beedon, Secretary
Comptroller
Town of Penfield
Kathleen Conroy
Deputy Clerk/Treasurer
Village of Kings Point
Beth Hunt
Treasurer
Hamilton County
Robert Yamuder
Assistant Village Manager
Village of Mamaroneck
MANAGEMENT STAFF
Brent A. Wilkes, ARM, CAE, CIC
President
Kevin M. Hume, CIC
Executive Vice President
Edward Bonaccorso, CSP
Vice President, Loss Control
Betty DiMaria, Vice President,
Information Technology
Nick Gorgievski
Vice President, Finance
Paul M. Jahn, WCLA
Vice President, Claims
Karen Leffler-Braman, CISR
Vice President,
Membership & Marketing
Alfred Campney, CIC
Director, Underwriting
Genie Mayo, RN, CCM, LNCC
Director, Medical Services
Mary Seely, SPHR
Director, Human Resources
Joanne Stiles
Director, Communications
NEWSLETTER STAFF
Jackie Hennessy, CISR
Assistant Editor
2 www.perma.org
by Brent A. Wilkes, ARM, CAE, CIC, President of PERMA
These days, the challenges of running a
financial service are formidable and mounting.
PERMA, like all other insurance and banking
operations, depends upon investment returns
to offset some of the costs of doing business
and to keep the cost to the customer lower.
The investment returns of the fourth quarter
of 2008 and the first quarter of 2009 have
been universally disappointing. While PERMA
continues to maintain a very strong cash flow
position, investment returns have not been
subsidizing annual contributions to meet the
claim payments and administration expenses.
One of the reasons that PERMA has always
strived to build up its surplus is to address
difficult economic times like these.
As we look forward, our challenge is to
maintain financial stability and quality of
service with more constrained financial
resources. We cannot rely on a strong bond or
stock market to help out. PERMA has already
begun the planning to manage a self-insured
workers compensation pool in a more austere
environment. We are examining the ways in
which we do things. We are exploring opportunities to harness new technologies in order
to create more cost efficiencies. As all of our
members are doing, we are looking for ways to
tighten our belt without sacrificing the quality
of service that is our hallmark.
We remain committed to our core ideals.
We will continue to provide the most comprehensive management of claims, to drive down
the cost of each claim to the lowest reasonable point. We will continue to provide loss
control services to prevent as many injuries as
possible from happening. We will not waver
from our belief that investments into aggressive claims management and loss control do
reduce the cost of claims, do get injured
employees back to work sooner, do improve
morale, and do keep the costs of workers
compensation coverage down over the
long run.
We will not allow a claim that should cost
$10,000 to creep up to $50,000 because of a
lack of superior management. We will address
hazards in the workplace that can cause tens
if not hundreds of thousands of dollars in
losses if not properly identified and managed.
We understand that the difference between
adequate and superior management of workers
compensation claims can mean tens of thousands of dollars to any member in any year.
It is also a difference in the suffering of the
affected employees. As I have said a number
of times, workers compensation is not a
commodity like road salt. It is a service that
can vary dramatically from one provider to
another. The best deal is not necessarily
the lowest price. The best deal is the best
combination of cost and service.
While our pricing will
remain competitive, we
will not chase imprudent
pricing or sacrifice dollars
today for future financial
stability. PERMA has
protected its members
for more than 25 years.
We will be here
25 years hence when
others have long gone.
That is why we
serve 489 public
entities throughout the state.
PESH/OSHA continued from page 1
space between the abrasive wheel and the work rest must
be no more than 1/8 inch. However, this clearance is almost
impossible to maintain because the grinding wheel wears down
quickly. Just one use of the machine can grind down the actual
size of the wheel and cause the space to expand beyond the
allowable 1/8 inch. Inspectors who are looking for something
to report can often find a minor violation upon inspecting an
ordinary grinding tool.”
“Fortunately, grinding tool accidents are very rare,” he says.
Problems with personal protective equipment (PPE) assessments
account for 13 percent of all PESH violations. This is a more
complicated fix to accomplish. Public employers are required to
assess each job and task performed in the workplace in order to
determine and provide for the correct type of personal protective
equipment for the specific task.
“Most public employers are not experts on PPE and would
find it difficult to designate the right PPE,” says Norm. “We
recommend that our members visit PERMA.org and download
a sample of the assessments for different jobs. Naturally, getting
your loss control consultant involved will help ensure that your
PPE assessments are in compliance.”
In addition, there is specific PPE training available for members
online through the PERMA Safety Institute at PERMA.org.
As for Exit marking, most violations are cited because the
signs’ light bulbs are out. It’s another easy-to-spot violation for
inspectors and one which is just as easy for public managers to
overlook. So be sure to keep the Exit lights on.
PERMA members with questions or concerns about PESH and
OSHA requirements should contact their PERMA loss control
consultant to schedule a simulated inspection and pinpoint
areas you may need to address to avoid being cited for
a violation.
For more information, visit www.PERMA.org.
PESH?
OSHA?
WHAT’S THE DIFFERENCE?
The Public Employee Safety and Health Bureau (PESH) was created in 1980
under the PESH Act to provide occupational safety and health protection
to all public sector employees at the state and local level. PESH enforces
all safety and health standards promulgated under the United States
Occupational Safety and Health Act (OSHA). Public sector employers
include state, county, town and village governments, public authorities,
school districts, and paid and volunteer fire departments. PESH responds to fatalities and complaints, conducts programmed
inspections of public employer work sites, and provides technical assistance during times of a statewide emergency.
RECORD KEEPING
REQUIREMENTS
Under New York State's Right-To-Know Law, public employers are required to
keep for the duration of employment not only records of employee right-toknow training, (description of the training, date, names of employees and
names of trainers, etc.) but also of potential exposures to toxic substances in
the workplace. To comply, employers are required to keep a record of any
and all workplace chemicals found on the OSHA standard 29 CFR 1910
Subpart Z listing. Check mixtures such as paint; you may be surprised.
Exposure records must be kept for 40 years. Records must be made
available upon request to employees, their representatives, the New
York State Department of Labor, and the attorney general.
TOXIC
SUBSTANCES
If you have any questions or concerns about toxic substances
in your workplace, contact your PERMA Loss Control Consultant.
www.perma.org 3
Workers Comp
News for Public Employers
NEW YORK’S TOP 10 MOST
FREQUENT PESH VIOLATIONS
by Norman Wiley, PERMA Senior Loss Control Consultant
Every year, the Public Employees Safety and Health Bureau cites employers for failing to comply with safety and health
standards that protect employees and help reduce workers compensation costs. Although the list has varied slightly
each year for the past 10 years, the lack of a Hazard Communication Program or failure to provide a written program
were consistently first or second on the violations list.
The top 10 most frequently cited PESH/OSHA violations for NYS fiscal year 2008:
PESH Violation
OSHA
Standard
Total Violations
Issued
Percent of
Total
1.
PPE - Assessment
1910.132.D
166
12.9%
2.
HAZ COM – Written Program
1910.1200.E
166
12.9%
3.
Exit Marking
1910.037.B
145
11.3%
4.
Control of hazardous energy (LOTO)
1910.147.C
141
10.9%
5.
Electrical - Wiring methods (missing covers) 1910.305.B
130
10.1%
6.
Electrical - Portable Equipment
1910.334.A
126
9.8%
7.
Abrasive Wheel Machinery - General
1910.215.A
109
8.5%
8.
Abrasive Wheel Machinery - Guarding
1910.215.B
106
8.2%
9.
Electrical - Disconnecting Means
1910.303.F
106
8.2%
10.
Flammable Liquids - Portable Containers
1910.106.D
93
7.2%
Total
1288
PERMA can help your organization avoid possible costly violations by providing you with a comprehensive self-inspection
checklist, or by conducting an on-site simulated PESH/OSHA inspection at no cost.
To order a checklist or arrange a simulated OSHA inspection, contact your PERMA Loss Control Consultant or call
Anna Brouker at (888) 737-6269 ext 3039.
SPRING 2009 REGIONAL MEETING SCHEDULE
4
March 4, 2009
Wednesday
8:30 am to 3 pm
PERMA Safety Coordinator Training
Program
Cricket's Restaurant, Peru NY
April 15, 2009
Wednesday
7:30 am to 3 pm
Madison County
DPW OSHA Training
Rusty Rail, Canastota
March 18, 2009
Wednesday
10 am to 1 pm
Safety Motivation and Behavior
Enhancement Program
Cricket's Restaurant, Peru NY
April 22, 2009
Wednesday
7:30 am to 3 pm
Chenango County DPW
DPW OSHA Training
Fred’s Inn, Norwich
April 8, 2009
Wednesday
8:30 am to 1 pm
Madison County Municipalities
Mobile Equipment Training
Hotel Solsville, Madison
April 23, 2009
Thursday
9:30 am to Noon
Chenango County Towns
OSHA Required Training
Fred’s Inn, Norwich
April 9, 2009
Thursday
7:30 am to 3 pm
Madison County Municipalities
MSHA Annual Training
Rusty Rail, Canastota
www.perma.org
PERMA’s Annual Conference:
A Must for Municipal Managers
Proven Strategies for Workplace Health & Safety
May 21-22, 2009, at The Sagamore in Bolton Landing, could
be the most productive days this year for municipal managers
of workers compensation. PERMA’s Annual Conference is packed
with professional development seminars, workshops and networking opportunities designed to help public employers effectively
manage their workers comp programs, save money, and keep
workers safe on the job and in the workplace.
What Members Say about
PERMA’s Annual Conference
We have a full slate of sessions planned, featuring a number of
guest experts, including F. Dan Bowers, Esq., of Hamberger &
Weiss, who will help to unravel the mysteries of controverted
claims, and Susan Greenburg MS, PT, and Ray Bellow, MS, CDE,
CIE, who will provide you with the latest strategies for helping
get injured employees back to work and full productivity.
“Materials from the Wellness Fair were much
appreciated by the staff.”
PERMA’s Wellness in the Workplace Fair will be back with plenty
of health and fitness exhibits, and the farmers market will offer
an array of locally made foods and delicacies. Just to lighten up
your course work, don’t miss Patricia A. Bax, RN, MS, for some
real-world advice on how to “Laugh with Life’s Ups and Downs.”
As always, PERMA hosts one representative from each PERMA
member to attend the Annual Meeting. PERMA is pleased to
offer each member representative free accommodations at
The Sagamore and three meals over the course of the two
days. In addition, for a small fee, we also offer day guests a
buffet lunch and access to the PERMA Wellness in the Workplace
Fair and all workshops.
“It’s a great learning experience with lots of
topics to choose from to meet your needs.”
“I plan on attending because it’s always
informative.”
“The Conference is always well done!”
“Thought it was well planned, and the
Wellness Fair is very popular!”
“Just send the invitation; I’ll be there!”
www.perma.org
5
Workers Comp
News for Public Employers
Published by PERMA, Public Employer Risk Management Association, Inc.
CHAIN SAWS
AND
RATTLESNAKES
Pete Archbold,
PERMA Senior Loss Control Consultant
It just seems to be human nature, when you are out in nature,
zipping through logs and limbs with a chains aw, your mind
can wander away from the safety aspects of the job. If you
don’t pop back to reality quickly, you might cut the wrong limb.
So when you pick up that chain saw, think of it as picking up a
rattlesnake.
WITH THAT IMAGE IN MIND, HERE ARE A
FEW BITS OF SNAKE HANDLER ADVICE.
1) Wear safety equipment, chaps, hard hat, face shield/screen,
eye protection, hearing protection, proper footwear, gloves,
etc. Remember, that snake can bite through several layers
of clothing.
2)
Don’t cut overhead. Once that limb is cut, it’s coming down
and the snake is coming with it.
3)
Don’t walk around with a running saw; bad footing may
cause you to lose balance and then someone gets bitten.
4)
Make sure you have several paths of retreat when cutting a
tree. Sometimes things don’t go quite as planned and you
need to move smartly, and don’t want that snake to get
you in the process.
6 www.perma.org
5)
Clear brush and saplings from your work area. The messy
ground cover can give that snake a chance to jump!
6)
Make sure the chain tension is correct. A loose chain could
mean a loose rattlesnake!
7)
8)
Never drop-start the chain saw.
Use an antikickback chain; it won’t totally eliminate the
kickback hazard, but it will greatly reduce it.
9) Use only a chain saw with a chain break.
10) If you find yourself getting fatigued or if your mind is
wandering, STOP! Rest and remember you’re handling
a rattlesnake, just waiting for the opportunity to give you a
good old bite!
A FEW FINAL WORDS: A two-inch limb falling 10 or
15 feet can cause a nasty injury. And be aware of your surroundings; small branches, just head high, always seem invisible, especially just after you’ve removed your safety gear. Be aware
of your work partners and what’s overhead. Your caution means
more safety for them, too.
How Does It
Feel to Be
Cared for
by PERMA?
Do you want to know what PERMA means to
individual employees? Do you want your sick
or injured employees to get back to work
quickly and safely? Do you want to create
better workplace morale? Don’t just take our
word for it, see what actual claimants have
to say about PERMA.
“Thank you for all your help!! And I am happy to be back
at work!”
“I am exteremly pleased with PERMA’s services and my case
manager’s commitment to my care.”
“All the staff were excellent. They actually sounded like they
can and wanted to help. Although a patient today, I am a
physician by trade. I know how hard it is to convey compassion when your desk and calendar are overloaded. They did
a great job.”
“Everyone was wonderful — always helpful, friendly, wellinformed and sympathetic. Everyone and every service was
timely and well-organized and there was no room for any
improvement. A great insurance company with fantastic
employees. Thank you!”
“The whole staff of PERMA was just great during my injury.
Thank you all.”
“Being out on comp. was a very difficult thing for me.
Your staff made it so much easier to take care of my injury
compared to the last company my employer used. Thank you.”
“Wonderful. Thank you for helping me through a
difficult time!!!”
“When my physician learned my injury was work-related, he
indicated that we were in for a long response time for
treatments, tests, etc. When I mentioned PERMA, he couldn’t
be convinced it would be any different. PERMA proved him
wrong. My treatment, tests, surgery and physical therapy all
were authorized promptly, and therefore allowed me to work
much sooner than anticipated. PERMA is wonderful to work
with, even my “medical people” said I had a great case
management team. Thank you!”
“When calling, I didn’t have to give a claim number. My name
was enough. The ladies were very nice and prompt.”
“Your staff was excellent and really showed just how much
they cared. They called several times to remind me of tests
I needed and just to see how I was. Thank you.”
“The staff assigned to me were extremely helpful and also
courteous! Nice people!”
“I have no complaints at all. I am very happy with how
everyone worked together.”
“Very caring people!”
“Excellent! Excellent!”
“I was treated very well, in an excellent fashion, and I want to
thank everyone for answering my questions so quickly and
thoroughly. The response time was excellent.”
www.perma.org 7
Workers Comp
News for Public Employers
Published by PERMA, Public Employer Risk Management Association, Inc.
PERMA HIGHLIGHTS
Promotions
PERMA Welcomes New Members
Alan Sweenor –
promoted to Senior Underwriter
Bayshore Brightwaters Rescue Ambulance
Christine Southworth –
promoted to Administrative Claims Manager
Ambulance Committee of Moriches, Inc.
Bellmore-Merrick Emergency Medical Service, Inc.
Brentwood Legion Ambulance Service, Inc.
New Employees
Brookhaven Ambulance Co., Inc. DBA:
South Country Amb.
Jeffrey Van Dyk –
Technical Claims Manager
City of Glen Cove
Erin Harrington –
Data Research/Marketing Representative
Malone Housing Authority
Lee Teal –
Claims Coordinator
Patricia McGeough –
Mail Clerk
Huntington Community First Aid Squad, Inc.
Monroe Volunteer Ambulance Corp.
Olympic Regional Development Authority
Pine Island Volunteer Ambulance Corps, Inc.
Shirley Community Ambulance Co.
Stonybrook Volunteer Ambulance Corps
Town of Riverhead
P U B LI C E M PLOY E R
RISK MANAGEMENT
A S S O C I AT I O N , I N C .
P.O. Box 12250
Albany, NY 12212-2250
Visit us at www.perma.org
New York’s premier provider of workers
compensation for public entities.