Clarity Is Everything

Keys to Timely & Effective Claims Reporting

Recently, I received an email from one of our operators with a question he believed might be useful in my blog. The question addressed a situation that can happen at any wash with employees. In this situation, an employee took it upon himself, against company policy, to drop off a cash deposit on his way home. After leaving the bank, he was involved in a serious auto accident. The question: Would this be covered by workers’ compensation?

The debate on the answer to this question could go in a multitude of directions and would ultimately be decided by the workers compensation board. However, the situation itself raises more important issues than whether or not workers’ comp. would cover this incident. The following are some considerations that this scenario should provoke in response.

How should you proceed with a claim that is questionable? When an incident occurs it is imperative that it be reported as soon as PRACTICAL.  This applies to employee injuries that may fall under workers’ compensation, as well as customer injuries that may create medical or liability issues.  The legal climate and mandatory coverage provided vary greatly by State and there is often no universal answer to whether or not the Insurance Company should be responsible for payment and/or legal defense. This all can be open to interpretation and, too often, can contradict what you believe to be common sense reasoning. Making assumptions about how a claim will be resolved may put your company and assets at risk.

Here are a few points to keep in mind regarding timely and effective claims reporting:

• In an effective safety management plan it is best to report and file all claims. An incident may turn out to be an early indicator of an underlying condition that could lead to more serious injuries.
• Preserving evidence and gathering witness statements is most effective in the early stages of an incident. Not reporting these events may prejudice the rights of the insurance company and possibly negate coverage that might otherwise have been available.
• It is possible for a claim to involve fraud. Without knowledge of the incident, the company may be denied the opportunity to initiate specific procedures that are normally used to successfully fight these cases i.e. setting up surveillance or interviewing associates.
• In the case of a claim that might be considered a workers compensation loss, there are often severe penalties and/or fines associated with reporting a claim late. As mentioned earlier, this depends on your State.
• Insurance companies generally have a specialist that can work with an injured employee or customer and help mitigate the size of the claim. The sooner they are involved, the greater the potential impact.
• The insurance provider is often more qualified to do what is necessary to keep injuries from escalating into more serious conditions. For instance, a loss that starts out as a minor cut might turn into an infection that creates a larger complication, especially if the person is a diabetic.

This blog is not intended to suggest that the operator that approached me with this idea did anything inappropriate. It did cause me to pause and assess the circumstances beyond the specific example I was given.  The bottom line is that you pay a lot of money to buy insurance protection for your company. Using as many of their services and expertise as you can is just good business sense. I know that many owners and operators are concerned that too many reported claims will either jeopardize their renewal or significantly increase the cost. Sometimes there are better alternatives to managing claims than electing to accept responsibility with regard to what is covered by insurance by paying or denying a loss. For instance, it might be a better decision to participate in the costs of the loss by taking a larger deductible. Become actively involved with your insurance carriers loss prevention department and provide as much guidance as possible to the claims department specialists, keeping in mind that they often don’t know your business as well as you or your employees do. I believe, in the end, you will be better served by making these choices.

Remember: A Safe Wash Protects People and Profits!



Lockout/Tagout (LOTO)

Lockout/Tagout: Grim Consequences of Ignoring OSHA Standards

 

When it comes to working on car wash equipment at the wash, effective Lockout/Tagout (LOTO) procedures are crucial. Having these procedures in place not only complies with OSHA standards but, more importantly, can prevent serious injury or death.

For those of you that aren’t familiar with what a LOTO program is, review OSHA Subpart J, 29 CFR 1910.147 “The Control of Hazardous Energy.” This procedure establishes minimum standards for Lockout/Tagout at a facility. The goal of the program is the prevention of accidents caused by the unintentional energization of equipment or release of stored energy. An employee isolates an energy control device by applying a lock or tag to the device in the off, or safe, position, indicating that the control cannot be operated. Note that energy sources do not have to be electrical only. For instance, an air compressor would qualify as well.

The following are some headlines that provide real life examples of the consequences of not providing a proficient LOTO program at car wash locations:

• A Car Wash Attendant Dies When Pulled Into a Side Arm Rotating Brush in a Car Wash - 2016
• Jason’s Story: Electrocuted and Died in a Car Wash - 2014
• Teen’s Leg Gets Stuck in Carwash Equipment – 2014
• Car Wash Employee Gets Foot Caught in Conveyor - 2013
• Man Loses Leg Cleaning Wash - 2011

Having a LOTO plan in place does not automatically mean that your car wash has all the components for compliance. Some of the owners in the cases above felt that they had protected their employees by implementing a LOTO plan. However, after investigating the circumstances behind a few of these incidents, it was learned that you can sometimes comply with the letter of the law, but not the spirit of the law. Case in point: In the first incident listed above, the car wash was missing a written procedure for safely performing the task that lead to the death. The employee may still be alive if the owner had taken into account other aspects and intentions of the LOTO program. The development of an audit and inspection program as part of the LOTO plan would have pointed out, in writing, the potential dangers of the procedure being performed by this individual. It would have educated the employee on the dangers associated with the job he was doing and why shutting down the power was necessary.

 

I recently read a Grainger article outlining a “Best Practice 5-Step Plan” that I believe will help bolster a LOTO program. It’s not just about having the locks, tags, signage and good intentions. The 5 steps are:

1. Develop and document your energy control policy/program
2. Create and post written, equipment-specific lockout procedures
3. Identify and mark all energy control points
4. Train your employees, communicate and conduct periodic inspections
5. Equip your employees with the proper lockout tools and warning devices

It is important to note that the person who died in the first title above was performing a routine job. He was simply washing down the area around the conveyor where an excess amount of dirt and debris had accumulated. It was the process that killed this employee, not the actual hazard of this particular job!

It is human nature to take the position that we comply with regulations as well as anyone can be expected to. After all, we are responsible people doing the best we can to keep our employees safe. But, we also need to continue to question ourselves and keep an open mind to constantly evaluate if there is more we can do.  It is following the spirit of the laws that will truly keep our employees safe and alive.

Take another look at your LOTO program and decide if it will meet all the criteria necessary to protect your employees while working at the wash. If you don’t already have one in place, work with your insurance provider to get one. Do it today because tomorrow may be too late.

 

Remember: A Safe Wash Protects People and Profits!

Car Wash Cutting/Welding Hazards

Car Wash Cutting/Welding Hazards

 

As I visit various car washes throughout the country, I’m always surprised to see how many equipment rooms have cutting/welding apparatus. Why am I surprised? Because there is an expertise that needs to be present to safely operate this machinery that isn’t common at a car wash. I’m sure it comes in handy when you need to cut a chain, repair the conveyor or remove stubborn bolts. Some washes even use it to heat up equipment to help loosen stubborn motor shafts. However, the convenience and versatility of this equipment pales in comparison to the inherent danger to every employee at the wash, especially if they haven’t had any training!

Even experienced technicians have a high risk factor when using welding equipment in their daily activities. Case in point, not long ago an employee was killed during a routine job. This tragedy occurred after the employee failed to follow a few safety protocols, coupled with a small equipment malfunction. Even with the machinery anomaly that occurred, he would still be alive if he hadn’t ignored some basic safety precautions.

In preparation for this blog, I interviewed a few car wash veterans about this topic. One is an individual that strictly works on repair and maintenance of car wash equipment for several car wash locations. Even with his years of experience, he informed me that he would never use welding equipment in his work. The bottom line is that the best course of action at the car wash is to sub out any welding jobs to a professional. This is what we call “engineering the hazard out of the workplace”.

If that is not practical for your operations, be sure that you only allow certified personnel to perform any welding or torch cutting jobs.

The following are some basic safety rules that must be strictly enforced to help prevent injury or death:

·         All employees cutting or welding must wear the personal protective equipment (PPE) required for all these projects.  Approved full face shields should be mandatory during any job. It is also highly recommended that all workers be advised to stay clear of any cutting or welding operations as exposure can adversely affect eyesight and pose a physical threat to them. All clothing must be free of any excess oil or grease as well.

·         Be certain that there is a fire extinguisher in good working order available during the entire operation.

·         It is generally a good idea to blow out the line on the acetylene tank by slowly opening the valve and closing it before attaching the regulator. This will help ensure that there isn’t any grease, oil or foreign matter that may have attached itself to the valve stem. It is imperative that the line remains clear of any substances.

·         Never position yourself in front of the regulator or the adjusting screw when opening the cylinder valve.

·         Regulators should always be removed from cylinders before they are moved from one location to another unless they are in a carrier specifically designed for transporting them.

·         Release the adjusting screw before opening the cylinder valve.  A cylinder valve shall never be opened until the pressure adjustment screw on the regulator is fully released.

·         Always open the cylinder valve slowly and carefully.

·         Never compress acetylene above 15 PSI.

·         Be sure you always purge your oxygen and acetylene lines before lighting the torch.

·         Never use grease or oil around the acetylene tank or equipment. Be careful never to lay parts down where they can be exposed to these substances.

·         Never use oxygen as a substitute for compressed air.

·         Always keep heat, flame, and sparks away from combustibles.  Be aware of your surroundings while you are using the torch, paying particular attention to any oil soaked rags. Often, you will be using this equipment on the conveyor around hydraulic lines. Be sure you have checked for any possible leaks in the lines before attempting any repairs.

·         The contents of all cylinders must be properly identified and marked. Be aware that there are no uniform color codes, so don’t attempt to rely on that as a proper identification sign.

·         All cylinders must be stored in a secure, upright position to prevent falling.

·         All empty cylinders must be marked accordingly and stored with the valves tightly shut and with their caps on.

·         If you are using a cart to mount the acetylene tank and oxygen tank together, a partition of steel, or other non-combustible material, needs to be installed between the cylinders.

·         All cylinders should be provided with approved pressure relief devices and instructions that they are never allowed to be tampered with. No repairs of any kind are authorized for the cylinder or any ancillary apparatus connected to it.

·         Care needs to be given to ensure that cylinders are never stored were they might be exposed to excessive heat.

·         No employee that is not certified should be authorized to operate this equipment at any time.

 The following are some considerations when only a welding job is warranted:

Basic Safety Rules for Welding (many of these apply for the torches as well) 

·         Never weld on or near anything that's been cleaned with a chlorinated hydrocarbon like brake-cleaner. When combined with UV light, chlorinated hydrocarbons can create phosgene gas, which can cause serious injury or death. Ventilation will not prevent poisoning.

·         Make sure the weld area is free from all flammable materials such as flammable liquids, paper, etc.

·         When welding or cutting is done above or within 20 feet of combustible construction or material, a “fire watch” shall be on hand to make use of fire extinguishing equipment.

·         To prevent electrocution be sure there are no puddles of water on the floor, make sure the welder is dry.

·         Welded material will remain hot for several minutes after it is welded, be aware to prevent burns.

·         Ensure you have proper ventilation to help reduce fumes and gases from the welding process.

·         Remove any assembled parts from the component being welded that may become warped or otherwise damaged by the welding process.

·         Proper Clothing – dark clothing that will not reflect the light, hearing protection so sparks and metal fragments do not enter the ear canal, heavy leather gloves and leather shoes sparks will not burn through.

·         Consider using a respirator when welding in any enclosed areas where fumes may be a problem.

 

Dangers in not understanding the principals of welding

·         No matter what type of welding you are doing you must make sure you are getting the proper heat and penetration of the weld to do the job right. A faulty weld can become fatal or cause further damage to your equipment.

·         Rushing a welding procedure will give you a cold weld with little or no penetration, resulting in a weak weld that could fail.

·         Properly cleaning the area prior to any welding has to be the first step you take. You need to get rid of any paint, rust, dirt, or any other coatings the metal may have on them. You do not want any of these impurities to enter into your weld and these items can also effect the penetration you get.

·         Cleaning the surface can be accomplished using an angle grinder.

 

Although not advisable, it is easy to see why welding and cutting processes have become more apparent at car wash facilities. These processes offer a quick and effective way to quickly complete some necessary tasks. However, as with any tool, if not used properly it can become a deadly process for your employees. You must have proper training and safety processes in place if you plan on using Cutting/Welding equipment. It is essential that only trained staff have access to this equipment and that they follow a strict set of safety precautions with every use. Their life may depend on it!

If you haven’t assigned a certified employee to be responsible for welding and cutting, do it now. If you do not have any certified staff members, find out where your employee can become trained and certified to use this equipment and set up a class today. Be certain they are aware of the dangers associated with this work and make it clear to all other employees that this equipment is off limits to them. Similarly, anyone assisting in this work should have some training on safety and operations associated with the equipment they will be using. Again, if the job can be delayed, I always recommend that you sub out any welding and cutting jobs to a professional welder. Granted, this is not always the quickest way to get the job done, however, it is always the safest.

Two key components to safety are awareness and action. Please identify these risks to your employees and take the necessary steps to ensure that everyone at your car wash is safe. Act now!

P.S. An OSHA reminder, due to the adoption of last year’s new OSHA reporting regulations, please note that your “Right to Know” posters have changed to comply with the new rules. Be sure that you order the newest update and post it in a conspicuous area available to all employees!

 

Remember, a safe wash protects people and profits!!!