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Health and Safety Investigations

As with preacquisition environmental investigations, the conduction of a health and safety evaluation is also imperative for today’s business purchasers.  All too often, this important evaluation is not conducted.  As such, the purchaser may realize tremendous cost at a later time.  These may include workers’ compensation cost for prior exposures to chemical, physical, ergonomic or biological hazards.  Hazards that may cause accumulative effects, many of which may not be exhibited until later.  There may be processes in which equipment or machines produce hazards that will eventually lead to health effects or more immediate safety problems.  Many of these existing problems may be as a result of regulatory noncompliance for which the new owner may also be held responsible.  Such noncompliance could involve hundreds of thousands of dollars in penalties as well as significant cost in order to become compliant.

Health Investigations

The American population is aging with the becoming of age of the post World War Two “baby boomers”.  This segment of the population makes up 1/3 of the population and over ˝ the workforce.  This generation has been at work for approximately 15-35 years.  As such, the potential that they have experienced exposures to workplace hazards must be considered.  Examples include potential overexposures to noise, chemicals, radiation and ergonomic hazards.  These and other hazards may have effects that are not evident in the present but through analysis of the workplace can be predicted in the future.

Examples of problems that the acquisitionist could experience include:

Chemical Toxicological Disorders
Noise Induced Hearing Losses
Outstanding Workers’ Compensation Cases
Pending Back Injury Cases
Musculo-Skeletal Cumulative Trauma Disorders
Noncompliance with regulatory programs

Hazardous Waste Generation problems

A thorough investigation of the following records is needed to access the health of the workforce the purchaser is acquiring:

- Worker Injury/Illness Statistical Analysis

Worker Injury/Illness Cause and Effects Analysis

Worker Injury/Illness Frequency and Severity Rates

Accident Frequency and Severity Rates

Average comparison for the Industry

- Workers’ compensation records

Current Cases

Outstanding Cases

Direct and Indirect Cost Analysis

- Industrial hygiene air sampling reports

- Audiometric testing reports

- Noise sampling results

- Safety inspections

- Accident investigation reports

- OSHA citations

- Safety committee meeting minutes

- Purchase orders for safety equipment

- Safety training records

- Environmental program reports

- Regulatory permits

- Hazardous materials acquisitions

- Hazardous waste generation

- Medical clearances

- EPA citations

- Safety and health memorandums

- Interviews

Safety Investigations

Regulatory agencies such as the Occupational Safety and Health and the Environmental Protection Agency have specific requirements to protect workers, the public and the environment.  Though a facility being purchased may have sufficient and efficient equipment/machines from a production perspective, these same pieces of equipment and machines may not meet safety compliance standards.  Examples include machine guarding, electrical standards, etc.  Other examples may involve proper chemical handling and storage.  Some of these include, paint booths, chemical storage rooms and ventilation systems.  All of which, to correct can involve hundreds of thousands of dollars in cost.  Some particular issues to be evaluated include:

-  A review of findings during previous inspections will be reviewed to determine whether any discrepancies have been found, and if so, whether they were corrected.

-  Personnel making inspections note whether workers are suitably equipped with hard hats, safety shoes, safety glasses, or other protective equipment prescribed for the areas visited.

-  The inspectors review all safety related records including, audits, air sampling, training records, reports of injuries/illnesses, written policies and procedures.

-  Inspection includes an assessment of the egresses and exists and their markings required by OSHA standards and local codes and if they are properly maintained.

-  Do electrical systems, especially for hazardous locations, comply with the provisions of the National Electrical Code and other designated codes?

- Are pressure vessels designed according to the provisions of the America Society of Mechanical Engineers (ASME) Code?  The vessels should be stress-tested prior to use and at required designated intervals.

            -  Is fire-fighting equipment installed and maintained as required.

- Is newly purchased equipment or equipment manufactured in-house installed properly and will they meet prescribed OSHA and local standards.

-  Does the greatest distance possible to prevent damage to other equipment in the event of a violent failure separate high-energy process vessels.

- Are fire lanes and other routes to locations where other emergencies could occur provided, marked, and maintained so passages are not impeded or blocked.

-  Is emergency equipment and locations for their emplacements or storage provided in readily accessible locations and checked periodically?

-  Is proper ventilating equipment installed and kept clean.  Are hoods, ducts, blowers, filters, and scrubbers provided and adequate to remove air contaminants from the plant and to keep them from contaminating the environment? 

-  Are adequate workspaces provided between pieces of equipment so employees can have free passage and so there will be no physical interference to create errors and cause accidents?

-  Are hazardous operations isolated so they do not constitute dangers to other personnel or activities?  Are welding shops located close to paint spray activities, fuel locations, or where personnel can be affected by welding arc radiation?

Investigation Process

The Safety, Health, Training, Engineering, Business and Industrial Hygiene staff of Occupational and Environmental Health Consultants, Inc. can assist with the conduction of a preacquistion Health and Safety Investigation.  The purpose of the evaluation is to identify problem areas, which the purchaser may need to be aware of.  Areas, which can be used as a part of the negotiation process.  The investigation is both quantitative and qualitative. 

Our staff visits the facility in order to conduct a records review, physical audit and records review.  The final report outlines those areas of concern that may lead to cost and liabilities on a short or long term basis.  The findings in the report will be specific to include the name of the locations, equipment, and operations with a citing of the pertinent discrepancies.  If a discrepancy violates any governmental standard, code, or regulation, the specific document, paragraph, and requirement will be cited.

In our efforts to support our clients and other businesses we recently conducted several surveys, some of which you may have been asked to participate in. As a result of the surveys, which sampled over 1000 industries, OEHC is proud to introduce several new programs.