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September-October 2019

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combined with engineering controls, administrative controls, and training. This is why supervisor training, worker knowledge of their rights and proper reporting channels, background checks on employees, and careful prequalification of temporary staffing agencies and contractors who send their workers onto your worksite, can be critical in workplace violence prevention. Suicide in the workplace is on the rise and too often the person takes other co-workers or significant others with them. Industries such as construction and heavy industrial operations can create a "perfect storm" of all the risk factors that contribute to suicide risk. Demographically, these industries are predominantly males in industries where there is a perception of stigma to the appearance of anything not stoic, and self-reliant, which deters a help-seeking mentality. At-risk workplaces to be transient in nature, so a workplace community is frequently lacking, and heavy use of temporary personnel can contribute to this lack of camaraderie and support infrastructure. Drug addiction or an event such as an injury or lay-off is, too often, a trigger for suicide within the workplace. Recently, a client had to file an OSHA report, after a worker attempted suicide by shooting himself in the head with a nail gun after being terminated. It may seem illogical to require reporting a suicide or suicide attempt to OSHA since it didn't stem from any actual job responsibilities, but OSHA applies the "geographic presumption," meaning incidents that occur in the work environment are work- related unless a specific exemption applies. OSHA requires a report within 24 hours of an in-patient hospitalization, amputation or eye loss, and within 8 hours for fatal events (some state OSHA agencies have more stringent requirements). There are mandatory minimum penalties of over $5000 for failure to report. OSHA recently added a page on its website, Preventing Suicides, which contains telephone numbers, in English and Spanish, for suicide prevention hotlines and chatlines. See www.osha.gov/preventingsuicides/. It is wise to review OSHA's guidance on both workplace violence and suicide prevention, and consider updating workplace safety and HR programs to reflect preventative approaches, and to include awareness on these issues as part of worker and supervisor training. PC 22 PalletCentral • September-October 2019 palletcentral.com SAFETY Adele L. Abrams is an attorney and safety professional who represents companies in litigation with OSHA and also provides safety training and consultation. Sarah Korwan is an attorney who handles cannabis, employment and safety law in WV. The Law Office of Adele L. Abrams PC has three offices: Beltsville, MD; Denver, CO; and Charleston, WV. They may both be reached at www.safety-law.com or phone: 301-595-3520.

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