Navigating the Aftermath of 3M's OSHA Violation: A Call to Action for EHS Compliance

Workplace safety transcends mere compliance—it's a fundamental right for every employee. When the Occupational Safety and Health Administration (OSHA), the sentinel of workplace safety, imposes a significant fine on a company like 3M, it serves as a stark reminder of the gravity of safety protocols. A severe incident at a 3M plant in Wisconsin not only led to a tragic loss of life but also cast a spotlight on the critical role of Environmental Health and Safety (EHS) regulations. Delving into the nuances of this event, we explore the intricate dance between regulation, safety, and corporate accountability.

Background on OSHA and EHS Regulations

OSHA stands as the cornerstone of worker safety in the United States, a role it has robustly filled since 1970. The agency's mission is clear: to mitigate work-related injuries and fatalities by establishing and enforcing standards that promote safe and healthy work environments. Within this mission lies the crux of EHS regulations—a set of directives that span across the management of hazardous materials, operational machinery, and emergency protocols. These guidelines are not set in stone; rather, they evolve in tandem with the changing landscapes of work environments and technological progress, ensuring that safety remains an ever-present priority.

The 3M Incident in Detail

The incident at 3M's Prairie du Chien facility was a sobering wake-up call. According to reports, an employee became entangled in a machine's rotating rollers, a horrifying accident that ultimately proved fatal. OSHA's investigation revealed a startling disregard for established safety protocols, leading to two willful safety violations against the company. The scrutiny brought to light a history of similar equipment-related incidents across 3M's North American plants, underscoring a pattern that could no longer be overlooked. Such an event underlines the urgency for rigorous enforcement of safety measures and a proactive approach to hazard assessment.

Consequences and Fines for 3M

Following the incident, OSHA's response was swift and uncompromising. The fines imposed on 3M totaled over $300,000, a sum that reflects the severity of the violations and serves as a financial deterrent against future lapses. These penalties also serve a broader purpose: to signal to industry peers that non-compliance with safety regulations carries substantial consequences. While fines alone cannot compensate for the loss of life, they play a crucial role in the ecosystem of workplace safety by emphasizing the cost of neglect and the value of human life within the corporate calculus.

Comparison with Previous Incidents

The Prairie du Chien tragedy is not an isolated occurrence in the industrial world; it reflects a concerning trend of safety oversights. Previous incidents, including another fatal accident at a 3M plant in Minnesota earlier that year, echo the recent violation's themes. These incidents collectively highlight a critical need for continual reassessment of safety protocols and the implementation of corrective measures. By examining these events side by side, it becomes evident that systemic changes are necessary to uplift the standards of workplace safety and ensure that such preventable tragedies do not recur.

Role of EHS Compliance Software and Management Solutions

In the digital age, EHS compliance software and management solutions are invaluable tools in the quest to avert workplace accidents. These systems serve as the digital backbone for safety programs, enabling organizations to track compliance, manage data, and identify risks proactively. For a company like 3M, with its extensive range of products and vast operational scale, leveraging such technology is not just beneficial but essential. The integration of compliance calendars, real-time monitoring tools, and safety audits into a unified platform can streamline the management of EHS processes, driving a culture of safety that is both efficient and effective.

Importance of Compliance Audits and Checklists

 Compliance audits and EHS checklists are not just checkboxes to be ticked—they are strategic tools that can drastically reduce workplace hazards. Regular audits are critical for ensuring that safety practices are not only in place but also adhered to and effective. Checklists, such as the International EHS audit checklist, help maintain a high level of diligence and provide a roadmap for continuous improvement. For industries that face a myriad of potential hazards, such as manufacturing, these resources are indispensable for maintaining a safety-first approach and meeting the stringent standards set by OSHA and other regulatory bodies.

Corporate Responsibility and EHS Solutions

Corporate responsibility in the realm of EHS is paramount. Companies like 3M, given their scale and the nature of their operations, bear a significant responsibility to lead with integrity in safety management. It's not only about complying with regulations but also about setting industry standards. Implementing robust EHS solutions, including comprehensive training programs, regular risk assessments, and the adoption of best-in-class safety equipment, can transform the safety landscape of a company. When corporations prioritize the health and safety of their workforce as part of their operational ethos, they set a precedent that resonates across the industrial sector.
The Future of EHS Compliance

The trajectory of EHS compliance is likely to become more stringent, with advances in technology and analytics playing a pivotal role. Incidents like the one at 3M serve as catalysts for change, often accelerating the adoption of stricter regulations and more sophisticated compliance tools. The future will demand greater transparency, accountability, and responsiveness from corporations. As the regulatory landscape evolves, so too must the strategies employed by companies to meet these challenges. Embracing innovative EHS management solutions, fostering a culture of safety, and committing to continuous improvement will be essential for any organization striving to not only meet but exceed the expectations of workplace safety standards.

What is New With OSHA in 2023?

Each year occupational safety administrators seek to make changes that effectively keep employees safe while working. The Occupational Safety and Health Administration is a government agency working to ensure safety by setting and enforcing standards applicable to the United States Department of Labor.

Last year there were more than 2.5 million workplace injuries reported to administrators across the United States. These injuries more-or-less fit into categories involving overexertion, falls, object impacts, and bodily reactions to awkward postures. OSHA constantly makes reforms to their rules as needed in various industries. Their mission includes evolving with current events and addressing potential areas where any safety risks could occur. The changes with the new rules OSHA is proposing for 2023 will seek to better prevent these injuries and many others in the workforce. 

Who is OSHA?

OSHA began regulating workplace safety after the Occupational Safety and Health Act was passed in 1970. The origins of the administration arose after massive public outcries against rising injuries and death rates at work. Congress created the Occupational Safety and Health Administration to ensure safe and healthful workplace conditions existed for workers in all industries. The administration works to create and enforce specific safety standards by providing training, outreach, education, and assistance. 

Each year the administration receives a budget to effectively provide the resources needed to regulate workplace safety around the country. Originally this budget was utilized to develop the enforcement strategies best fit for businesses, but has gradually evolved into targeting more of those high-hazard industries that have continued ongoing workplace injuries. The current enforcement strategy aids in identifying the specific sites where high injury rates occur, and offers critical resources directly to the highest problem areas within labor departments. One of the most important proponents of OSHA’s enforcement plans is their education and outreach protocols that play vital roles dealing with health and safety. 

OSHA has invested heavily into its websites, educational materials, and resource distribution across the United States. More than 23 million users are present on the OSHA website each year, with more than 300,000 annual downloads of its advisor software systems. The administration has continued to branch out creating various web pages for individual employees, businesses, industry partners, and foraging counterparts in Europe and beyond. 

New Rules for 2023

This year OSHA has made some big changes in reforming many previously existing regulations to better fit the evolving industries in the United States. Here are 5 important changes that you should know about including record keeping, Lockout-Tagout changes, silica exposure, updated HazCom classifications, and shipping requirements. 

1. Recordkeeping Proposed Rule

OSHA published a new rule which would revise electronic injury and illness reporting requirements in US workplaces. Key impacts will include:

• Expanding reporting requirements to ensure companies with more than 100 employees are able to electronically submit all of their OSHA information, whereas previously they were only required to submit a single form’s data. 

• OSHA plans to publish the data collected from the electronic submissions on a public database after removing individual identifiers. Immediately this portion of the proposed ruling has garnered concerns about the likelihood and effectiveness of completely removing personal information from the data prior to being released to the public. 

• The new ruling will also provide exclusions for establishments with 250 or more employees from having to electronically submit their Form 300A information annually to OSHA. 

2. Lockout-Tagout (LOCO) Updates

LOCO is OSHA’s control of hazardous energy standards, initially established in 1989. This regulation has largely remained unchanged since its establishment although OSHA is finally modernizing it to match industry standards utilizing computer based safety softwares. 

• Most hazard controls in national industries recognize and incorporate many different computer based safety softwares. 

• A request for information (RFI) assessed the strengths and limitations of such software when controlling hazardous energy. 

• The RFI determined the current regulations in LOTO, which specifies control current devices are unsuitable for energy isolating devices, must be changed in response to recent technological advancements. Modern technologies may have improved the safety and control of such circuit type devices, and OSHA has responded by preparing to update the LOTO standard and compliance implications for employers. 

3. Silica Exposure Considerations

Silica dust particles are incredibly small and can become trapped in the lung tissue of a person who is exposed, leading to inflammation and scarring that can affect their respiratory tracts. The minute particles can reduce the lung’s capacity to take in oxygen causing a condition classified as silicosis. Silicosis can result in permanent lung damage as it is a progressive, debilitating, and sometimes fatal disease. 

OSHA developed two standards for respiratory silica, one for general industries like construction and one for maritime. Those 2016 standards established exposure action levels reducing the acceptable amount of total daily exposure, installing exposure control measures, and implementing medical surveillance programs to monitor employee health. The established regulations also required businesses and recordkeepers to maintain written documentation of the ongoing exposure control plans and maintain the OSHA standards. 

Other chemical exposure regulations like those that deal with lead, cadmium, and formaldehyde also yield an additional medical removal provision that the former silica regulations lacked. The medical provision required employers to monitor certain airborne exposure indicators or those found in blood concentrations, removing the employee from the contact area once exposure levels are reached. The United States Court of Appeals concluded that OSHA failed to explain its decision to remove the medical provisions from the 2016 silica regulations and remanded the rule for additional consideration of the implications. 

• OSHA is planning to revisit the silica rules and to implement a medical provision installing surveillance programs and removal procedures. 

• Employers that are subjected to the silica rules must ensure they have effective workplace inspection and hygiene standards, efficient incident management strategies, and the ability to promptly record medical removal cases. 

4. Regulatory Activities in Regards to Heat Exposure

The United States Department of Labor reported that hazardous heat exposure resulted in an average of 35 fatalities and 2,700 annual cases in industries across the nation. These injuries also resulted in multiple days away from work during the length of injury. 

• Heat exposure injuries may be incorrectly diagnosed or underreported due to failures when documenting at what point the heat exposure caused or contributed to the official cause of death and injury. This is especially true when the victim ultimately succumbs to some other life threatening condition such as a heart attack or stroke, which may have direct correlations with the onset of heat exposure injuries. 

• OSHA will initiate work on a heat exposure index standard. 

• New emphasis on indoor and outdoor heat related hazards.

5. HazCom Proposed Rule

Proposed updates to existing HazCom standards to align with the United Nations Globally Harmonized System of Classification and Chemical Labeling. 

• Classifications for flammable gasses, aerosols, and desensitized explosives.

• Additional requirements for various sized shipping containers. 

• Specific requirements for bulk shipments. 

• Required classifications of hazards under normal use including those that result in chemical reactions and other physical changes. 

More Plans For OSHA

As OSHA continues to evolve to better fit modern industries there are likely to be many more reforms down the road. The administration will continue to focus on reducing injuries, illnesses, and fatalities in all traditional industries while also looking ahead toward future challenges. Future safety violations may surround new chemicals or other workplace hazards in the growing service sector industries. OSHA regulations must also adapt to many more hybrid workplaces utilizing virtual assistance and AI technologies to either replace or assist the bulk of their employees. 

July 30, 2020, convergence presents “Virtual Audits: Key is Planning”; a NAEM Webinar

In supporting our clients, convergence consulting has identified that the planning phase is key to realizing meaningful results in undertaking virtual audits. This one-hour webinar sponsored by convergence will enable EHS audit managers to initiate an agile planning process driven by continuous improvement to achieve better performance even while launching virtual audits. The webinar will present and explore six concrete steps to plan a virtual audit program, as presented in our white paper, “Virtual Auditing: Guidance and Best Practices” (June 2020). To learn more about the webinar and register to attend please click here. The webinar is free of charge to all who wish to attend, NAEM member or non-member, because it is sponsored.