Issue link: http://palletcentral.uberflip.com/i/1436421
PalletCentral • November-December 2021 37 as brochures, quick cards, safety tips and fact sheets are also now available in Spanish covering topics including: Personal Protective Equipment; fall protection; workplace violence prevention; heat/cold stress; hazard communication; electrical safety; and employee rights under both Section 11(c) of the OSH Act (the whistleblower statutory protections) and under 29 CFR Part 1904 (the right to report injuries and illnesses free from retaliation). OSHA also has a number of education centers throughout the United States that offer Spanish- language training courses, such as the OSHA 10-hour general industry and construction courses for all workers, and a 30-hour course for supervisors. e agency also offers an outreach module as an online tool for employers to identify the outreach materials and information pertinent to their worksite. OSHA even offers on-line Spanish- English and English-Spanish dictionaries with basic terms used by OSHA and in general industry and construction! Its Hispanic/English-as-Second- Language (ESL) Coordinators also are located in each of OSHA's 10 regional offices, to aid employers, trade associations, unions, community and faith- based groups and Hispanic workers with education and training services and resources. With all the free tools to improve Hispanic worker safety available to the employer, OSHA is not very understanding in the wake of an accident if there is no documentation that the worker received appropriate training, or instruction on use of PPE, or work rules such as lockout-tagout or confined space entry. Even if the worker is not a direct employee of the company, liability can attach with OSHA, in addition to not having worker's compensation as an exclusive remedy for any injuries or fatality claims. OSHA's "multi-employer" worksite doctrine, in which the "controlling employer" (typically the host employer or the general contractor) is held dually responsible with the entity that directly employs the worker or crew who violated the law. OSHA penalties against the host employer can often be higher than those against the temporary agency, as they exercise more control over worksite conditions and practices, and are held liable for any training deficiencies. Penalties for willful or repeat violations can now reach $136,532 but if pending legislation passes, the new penalties would be a minimum of $50,000 and a maximum of $700,000 for these most serious offenses. e rescission of the Trump Administration's "joint employer" rule by the US Department of Labor this summer also marks a return to dual liability in other labor law areas for those using staffing agencies. DOL also rescinded Trump's January 2021 "independent contractor" rule, making it more difficult to classify as worker as a "contractor" rather than an employee and setting up a possibility of prosecution under wage/hour laws in addition to imputing liability to the employer for OSHA purposes. OSHA has set up a National Helpline: 1-800- 321-OSHA, which can be used for many purposes including accident reporting, and it now has a Spanish-language option for compliance information and other assistance 24 hours a day (Spanish-speaking operators are on duty 8:00 am – 4:30 pm Eastern). To address Hispanic worker health and safety proactively, employers can focus on high hazard tasks and those activities assigned to Latino workers, advise workers on their rights to report both injuries/ illnesses and any safety or health concerns to management without fear of retaliation, and ensure that training is provided that is effective and is understood by all workers. ere can be no second class citizens when it comes to workplace safety! Adele L. Abrams is an attorney and safety professional who represents companies in litigation with OSHA and also provides safety training and consultation. The Law Office of Adele L. Abrams PC has three offices: Beltsville, MD; Denver, CO; and Charleston, WV. She may be reached at www.safety-law.com or 301-595-3520.