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Behavioral Safety and Situation Awareness: Union Approach to Understanding and Addressing Management Safety Programs Nancy Lessin, USW/Tony Mazzocchi Center for Health, Safety and Environmental Education BLET Health and Safety Conference University of Iowa Labor Center - October 15, 2013 What’s happening in your workplace that’s causing or contributing to your members being injured, made ill and/or stressed on the job? • Downsizing/Fewer workers • More work: Intensified work/increased work load/job combinations • Longer, crazier hours/fatigue • Working alone • Lack of maintenance • Lack of adequate training • (and much more…) Doing more (work) with less (people): LEAN comes to the Railroad Are U.S. Workplaces Getting Healthier/Safer? • BLS Data shows significant and steady decline in job injury/illness rates -- from 8.9 cases per 100 full-time employees in 1992 to 3.5 cases per 100 full-time employees in 2011 • This is a 60.7% decline in recordable injury rates between 1992 and 2011; “It is extremely unlikely that injury rates would plummet like this.” Susan Baker, Professor, Johns Hopkins Bloomberg School of Public Health Non-fatal Rail Worker Injuries 2010: 4,424 2011: 4,222 2012: 3,938 2013 (to date):2,353 Government Accountability Office Report, 2009: • More than 2/3’s of occupational health practitioners observed worker fear of disciplinary action or job loss for reporting their job injuries • Over ½ of occupational health practitioners said they were pressured by employers to downplay an injury to avoid it being a recordable injury. • 1/3 of occupational health practitioners said they were pressured by employers to provide insufficient treatment to injured workers http://www.gao.gov/new.items/d1010.pdf ACCIDENT REPORT The Accident: Worker was stung by a bee Question on Employer’s Accident Report Form: “What did the affected employee do or not do that contributed to the accident? Why do you feel their actions contributed to the accident?” The Answer: “The employee should have been aware that a bee had landed on his shirt and taken the appropriate steps to remove the bee without being stung.” Management Has a Plan for Reorganizing Work: It’s Happening Everywhere, It’s Hurting Our Members and It’s Weakening Our Unions Key Work Process Trends Standardization/De-Skilling Intensification/Lean/Speed-up Multi-Skilling/Job Combination/Flexibility Automation/New Technologies Monitoring Contracting Out/Outsourcing From 10 workers with downtime/ micro-breaks To 7 workers with little downtime/ micro-breaks Multi-skilling Multi-tasking Flexibility Job Combination Operator Maintenance “And other duties as assigned” Monitoring On your ankle In your truck Under your skin In your face In your pocket Work that has been Standardized Analyzed Automated Simplified Is work that is easier to Contract Out or Outsource All of these trends have negative impacts on union members Speed-up, Stress, Fatigue Job Insecurity/Job Loss Increased tension between workers/violence Loss of Skill Low Morale Repetitive Strain Injuries Job Injury, Illness and Death Injury and Illness BY Design All of these trends also have negative impacts on union strength Elimination of Skilled Work Loss of Security/Bargaining Leverage Isolation of Members/Loss of Solidarity Division/Loss of solidarity Loss of Jobs, Members and Dues Drain on Union Resources Loss of Faith in the Union Fear, along with various restructuring programs are used to get the workforce to: • Accept the idea of “Change”, and • Contribute our ideas and knowledge to Management’s Plans for change They use techniques we call the Tricks and Traps to get us to go along Brainstorming Language Improvement Empowerment The Myth of Common Goals “If you are not at the table, you will be on the menu.” Behavior-Based Safety/Blame-the-Worker Programs, Policies and Practices • Safety Incentive Programs • Injury Discipline Policies – (e.g. Accident Repeater Programs) • Post-injury Drug Testing for all injuries • Signs tracking lost-time or recordable injuries • Management bonuses for low/no injuries • Behavioral Safety Observation Programs “The fact is, it is not easy for an individual to have a serious injury in today’s workplace.” David Bradford, American Society of Safety Engineers, Behavioral Safety Symposium 2001 Who Sells Behavioral Safety? • “Behavioral Science Technology” (BST) • DuPont “STOP” • “SafeStart” • E. Scott Geller’s “Safety Performance Solutions” • ProAct Safety/Lean BBS • Terry McSween’s “Quality Safety Edge” • Michael Topf’s “Safor Program” • “Safety Pays” • Aubrey Daniels (formerly “BSafe Program” – now ADI) • Liberty Mutual Insurance Co’s “MVP Program” • FDR Safety (Fred Rine, CEO; Jim Stanley, President) • Bill Sims Safety Incentive Programs • Structured Safety Process • MoveSmart • Latent Safety Analysis • PTAS • JMJ Associates 88% of all injuries on the job are caused by workers’ unsafe acts • Originated from H.W. Heinrich • Insurance investigator (Travelers Insurance Company) • Studied supervisor accident reports (1931) • Drew conclusions from supervisorrecommended corrective actions 1930’s Safety Theory -- BST (80%-95%) and DuPont (96%) call it “leading edge” It’s a trap! Fatalities Lost Time Cases Recordables Medical Visits/First Aid Cases Unsafe Behaviors/Unsafe Acts 1930’s Safety Theory -- BST & DuPont call this “Cutting-Edge Technology” - we call it folk lore! In order to have an “unsafe” or “at-risk” behavior, what must be present? A HAZARD All work-related injuries and illnesses are the result of exposure to hazards. There are no exceptions! Health and Safety Process Model Identification Evaluation Data Analysis Prioritize Hazards • Injury/Illness Logs Risk Analysis • Medical Visits Surveys and Questionnaires Interviews Worker Complaints Government Regulations Inspections/Audits Control Select Controls Based Upon Hierarchy Hierarchy of Controls Mos t Effective 1 ) Elimination or Subs titution 2 ) Engineering Controls (Safeguarding Technology) 3 ) Warnings 4 ) Training and Procedures (Adminis trative Controls ) Leas t Effective 5 ) Pers onal Protective Equipment Behavior Based Process Model Identification Evaluation Duck! Data Analysis Worker Observations Interviews Inspections/Audits Risk Analysis Duck Dodge Jump Out of the Way Lift Safely Wear PPE Avoid “Line of Fire” Eyes on task Hierarchy of Health and Safety Controls Most Effective Elimination/Substitution Engineering Controls Warnings Training and Procedures Least Effective Personal Protective Equipment Consequences Of A Behavior Based Program Is To Turn The Hierarchy Upside Down They Say, “Most Effective” Personal Protective Equipment Training and Procedures Warnings Engineering Controls Not even up for discussion… Elimination &/or Substitution Why eliminate the hazard when you can buy personal protective equipment? Common Behavioral Observation Program Elements • Critical behavior lists • Workers observe workers • Training for observers • Frequent observations of workers to identify at unsafe behaviors • Heavy emphasis on PPE, “body position” and “line of fire” • Commitment of resources BBS is Based on Two Flawed and Discredited Theories • H.W. Heinrich (88% of job injuries caused by unsafe acts) (See “Reviewing Heinrich: Dislodging Two Myths from the Practice of Safety” by Fred Manuele, P.E., C.S.P., Professional Safety, Oct. 2011) • B.F. Skinner (reinforcement theory derived from experiments with rats, pigeons and other vermin and then applied to human beings -- see Alfie Kohn’s book “Punished by Rewards”) Changing At-Risk Behavior Process at Union Pacific Changing At-Risk Behavior (CAB) is a safety process that is being conducted at Union Pacific’s San Antonio Service Unit (SASU) with the aim of improving road and yard safety. CAB is an example of a proactive safety risk-reduction method called Clear Signal for Action (CSA) by the Federal Railroad Administration (FRA) Human Factors Program within the Office of Research and Development. CSA combines behavior-based safety, continuous improvement, and safety leadership development. With sponsorship from FRA, Behavioral Science Technology, Inc. is instructing and advising on the implementation of CAB. http://www.fra.dot.gov/downloads/Research/rr0919.pdf Public Law 110-432-Oct. 16, 2008 Federal Rail Safety Improvements Act “An Act to amend title 49, United States Code, to prevent railroad fatalities, injuries and hazardous materials releases, to authorize the Federal Railroad Safety Administration, and for other purposes.” Public Law 110-432-Oct. 16, 2008 Federal Rail Safety Improvements Act Sec. 20156. Railroad Safety Risk Reduction Program (a)(2): Reliance on Pilot Program – The Secretary may conduct behavior-based safety and other research, including pilot programs, before promulgating regulations under this subsection and thereafter. The Secretary shall use any information and experience gathered through such research and pilot programs under this subsection in developing regulations under this section.” “So putting up a guard might in fact encourage them (workers) to get closer to the hole that’s being guarded, or encourage them to take more risks because of the extra perceived safety by that guard.” E. Scott Geller, NACOSH Meeting, Washington D.C. , April 9, 1997 Management uses techniques we call the Tricks and Traps to get us to go along with BBS: • Language “Safety Culture” “Human Factors” Changing Safety Culture: Interventions • • • • • • • • Behavior Based Safety Safety Rules Revision Close Call Reporting Systems Executive Coaching Line Operation Safety Audit Safety Culture Survey Guided Development Self Analysis Negotiated Rule Making Safety Culture, Sponsored by the FRA RDV-30, Volpe National Transportation Systems Center; TRB Human Factors in Transportation Workshop 105, January, 2003 http://www.fra.dot.gov/Elib/Details/L03570 What “Human Factors” is NOT: “… ’[H]uman factors’ refers broadly to the role of human participation in any system and to the ways in which human beings contribute toward system performance, both positively and negatively. “…FRA supports advances in safety culture by supporting human factors research and demonstration programs. One example of an FRA-sponsored human factors demonstration program is called ‘Changing At-risk Behavior’” Congressional testimony (2006) of FRA Administrator Joseph Boardman What IS “Human Factors”? “Human Factors is a body of knowledge about human abilities, human limitations, and other human characteristics that are relevant to design. Human factors engineering is the application of human factors information to the design of tools, machines, systems, tasks, jobs, and environments for safe, comfortable and effective human use.” Professor Alphonse Chapanis Founding Father, Human Factors Engineering “Everyone, and that includes you and me, is at some time careless, complacent, overconfident, and stubborn. At times each of us becomes distracted, inattentive, bored, and fatigued. We occasionally take chances, we misunderstand, we misinterpret, and we misread. These are completely human characteristics.” Al Chapanis, Professor Emeritus, Human Factors Engineering Department, Johns Hopkins University “Because we are human and because all these traits are fundamental and built into each of us, the equipment, machines and systems that we construct for our use have to be made to accommodate us the way we are, and not vice versa.” Al Chapanis, Professor Emeritus, Human Factors Engineering Department, Johns Hopkins University Close clearance Tracks repositioned to eliminate the hazard. 50 Statement of NTSB Chairman Hersman, speaking at 2/26/2013 NTSB investigative hearing on the 6/24/2012 head-on collision between two Union Pacific trains near Goodwell, OK: “Since I joined the Board in 2004, the NTSB has investigated 22 other train accidents that took 57 lives, injured more than 1,000, caused millions of dollars in damages, and that all could have been prevented or mitigated by positive train control. “Mineral Springs, NC; Chatsworth, CA; Goodwell, OK… …How many more times are we going to meet here in this room to talk about train collisions that could have been prevented by previously identified technology? Had PTC [Positive Train Control] been in place, this crash would almost certainly have been avoided.” Deborah A.P. Hersman, NTSB Chairman, Opening Remarks at NTSB Board Meeting on 6/18/2013 - Collision Involving Two Freight Trains, Goodwell, OK on June 27, 2012 Human Factors is NOT about changing behaviors – it’s about designing equipment, jobs and workplaces for human beings Disincentives to Reporting Injuries and Illnesses • Awards (prizes and money) for not have a recordable or lost time case (or having a low rate) • Discipline and/or counseling issued after workers are injured • Drug testing after every injury • Peer pressure No Injuries INJURY DISCIPLINE (“Situational Awareness”) “Our manager likes to give out written warnings for employees who get hurt. The usual reason is ‘not aware of your surroundings.’ The latest one came for an employee who received a laceration on the finger while moving a piece of equipment. He had all of the required PPE. Even after a management investigation revealed that they did not have the proper device to make this equipment move, he received a written warning for ‘not properly evaluating the situation.’ ” WORK RULE #24 “You must work carefully.” Hazardous conditions that we know about can be difficult to correct. Hazardous conditions that we don’t know about are impossible to correct. Ending/Preventing Behavior-Based Safety/“Blame the Worker” Safety Programs, Policies and Practices Educate Union Leaders and Members: Behavior-Based Safety is a Hazard – it must be Eliminated! HIDDEN TRAGEDY: Underreporting of Workplace Injuries and Illness A MAJORITY STAFF REPORT BY THE COMMITTEE ON EDUCATION AND LABOR US HOUSE OF REPRESENTATIVES THE HONORABLE GEORGE MILLER CHAIRMAN JUNE 2008 Hearing Before the House Comm. on Transportation and Infrastructure, 110th Cong., (2007): “The Impact of Railroad Injury, Accident, and Discipline Policies on the Safety of America's Railroads” - Some of the techniques used by railroad management include: • "Risky" employee assessments: Employees are placed in disciplinary jeopardy by being assigned points for safety incidents, rule infractions, and injuries regardless of the cause, often before an investigation is done. • Targeting employees for increased monitoring and testing: Injured employees are "targeted" for close supervisor scrutiny, where minor rule infractions result in employee termination following injuries. • Supervisors discouraging employees from filing accident reports: Front-line supervisors often try to subtly prevent employees from filing injury reports and/or lost workday reports in an attempt to understate or minimize on-the-job injury statistics • Supervisors attempting to influence employee medical care: Railroad supervisors are often accused of trying to accompany injured employees to their medical appointments to try to influence the type of treatment they receive. In addition, they try to send employees to company physicians instead of allowing them to choose their own treatment providers. • Light duty work programs v. injury leave: Injured employees are required to come to work, often doing nothing but sitting in an empty room and allowing carriers to minimize the required reporting of lost work days. • Availability policies: These policies require employees to work a certain number of days per year. If the employee cannot work the required number of days, he or she is no longer a full-time employee. • Supervisor compensation: Some companies base management compensation upon performance bonuses, which can be based in part upon recordable injury statistics within their supervisory area. Federal Railroad Safety Act (FRSA) 49 U.S.C. §20109 §20109. Employee Protections. (a)In general.--A railroad carrier … may not discharge, demote, suspend, reprimand, or in any other way discriminate against an employee if such discrimination is due, in whole or in part, to the employee's lawful, good faith act done, or perceived by the employer to have been done or about to be done— (4) to notify, or attempt to notify, the railroad carrier or the Secretary of Transportation of a work-related personal injury or work-related illness of an employee; 3/12/2012 OSHA Memorandum: “Employer Safety Incentive and Disincentive Policies and Practices” “Reporting a work-related injury or illness is a core employee right, and retaliating against a worker for reporting an injury or illness is illegal discrimination.” • Employer Policies/Practices that Could be Illegal (depending on the specifics of the policy/practice) – – – – Injury Discipline Discipline for “Untimely” Reporting of Injuries Discipline for “Violating a Safety Rule” Certain Safety Incentive Programs • Violations could be of OSHA 11(c), FRSA or other whistleblower program; or OSHA’s Recordkeeping Rule Now You See It -- 98 years of the E.H. Harriman Awards And now you don’t! Recent Whistleblower Awards for Rail Workers who were Retaliated Against for Reporting Injuries • • • • • • • • $269,707 to conductor, and $154,694 to carman at Illinois Central RR for retaliation after reporting injuries (6/19/2012) $38,561 to switchman for Union Pacific RR for retaliation after reporting injury (6/25/2012) $300,000 to rail worker at Norfolk Southern Railway for retaliation after reporting injury (8/8/2012) $932,000 to switchman and trackman at Norfolk Southern Railway for retaliation after reporting injuries (8/12/2012) $288,000 to rail worker at Norfolk Southern Railway for retaliation after reporting injury (11/29/2012) $1.1 million to 3 workers at Norfolk Southern Railway for retaliation after reporting injuries (2/28/2013) $309,000 to conductor at Union Pacific RR for retaliation after reporting a co-worker’s injury $350,000 to rail worker at Union Pacific RR for retaliation after reporting injury (3/12/2013) Negotiate Provisions in Collective Bargaining Agreements “The employer shall not discriminate or retaliate in any way against an employee who reports a work-related injury or illness; reports a safety or health problem; files a health or safety complaint; requests access to health or safety records; violates a safety rule, absent malice or reckless intent; and/or otherwise exercises any other health or safety right afforded by local, state or federal law and/or by this collective bargaining agreement.” The ORANGE VEST Strategy Exercising Leverage/Involving Members • Distribute Stickers/Buttons/T-shirts • Observe HAZARDS – Make and use your own checklist • Use Safety & Health Complaint form booklets • Use “Specifically Observe Bosses” Form Phillips Chemical Company, Pasadena, Texas 1989 •Had just completed 5,000,000 hours without a lost time injury •Explosion and fire •23 dead •232 injured It has been 14 days since Local xxx told management to fix [insert name/description of hazard] and they still have not addressed this problem... It has been 15 days since Local xxx told management to fix [name/description of hazard] and they still have not addressed this problem... Measuring Success in Workplace Health and Safety • How many hazards/hazardous conditions have been identified? • How many hazards/hazardous conditions have been eliminated? • How many hazards/hazardous conditions have been reduced (using the Hierarchy of Controls) • How long did it take from when the hazard was identified to when it got addressed? Union View - Identify Hazards A hazard is a condition or set of circumstances that can cause harm • • • • • • • • Crushing Shearing Noise, vibration Chemical, gases, fumes, mists, dusts Entanglement Pinch point High pressure Electrical • Ergonomics-posture, force, repetition • Lifting • Slips, Trips, Fall • Fire • Radiation • Excessive hours of work • Inadequate staffing • Production pressures Why Not Accept Systems with Behavior-Based Safety (BBS)? • BBS is not about safety • BBS is about shifting blame and focus -- from employers (& hazardous conditions) to workers (& unsafe acts) • BBS is about power and control (management will allow “freedom within fences”) • There is no room for unions’ collective thinking & approach in BBS • BBS is a long-term union-busting strategy Caution – Behavioral Safety/“Blame the Worker” Programs Are Hazardous to Health & Safety and to Solidarity! Whose behavior needs to be changed to improve health & safety in your workplace? Additional Resources: • www.hazards.org/bs • “Punished by Rewards” by Alfie Kohn