Wisconsin Safety Voice - July 2017

CULTURE OF SAFETY

DRIVER SAFETY

THE WINNERS

75 YEARS

National Safety Council

What is Negligent Entrustment?

Corporate Safety Awards

WSC Safety Conference

WISCONSIN

SAFETY VOICE July 2017 Issue 1

e h t t u o k c of e e u Ch s is l a r ty u e g f u a a S in n i s n o Wisc Voice! wisconsinsafetyvoice.org

LETTER FROM THE WSC EXECUTIVE DIRECTOR

Making Wisconsin A Safe Place to Live and Work

By Katie Yeutter WMC Vice President of Operations/Finance Interim WSC Executive Director

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an you ever overstate the importance of safety in the workplace?

At the Wisconsin Safety Council (WSC) we believe the answer to that question is a resounding “NO.” Our commitment to safety permeates everything we do. We think it is so important, in fact, that we are expanding WSC’s education, service and product offerings to become your complete source of everything safety.

For example, we worked with the National Safety Council (NSC) and the governor’s office to proclaim June as Safety Month in Wisconsin. Thanks to help from our friends at NSC, we worked the entire month to get the message out to Wisconsin businesses and the general public about everyday dangers that could result in injuries or possibly the loss of life.

Even though June is Natonal Safety Month, our efforts did not end with the sunrise on July 1. We are committed to safety 12 months of the year – every single day. And we hope that you will join us and NSC in our efforts to end preventable deaths in our lifetime.

Last fall, WSC engaged a consultant to review our existing business plan and research new market opportunities and lines of business. We have also worked with the staff at NSC to learn best practices that will help make WSC even

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stronger. We are excited about what our partners at the national level have brought to the table and are working with the WSC Advisory Board and other stakeholders to become the most trusted name in safety.

For us, it all starts with hiring the right person to become the new WSC executive director. We will be conducting interviews for this important role over the summer and invite you to share with us candidates you think have the necessary business and safety qualifications to lead WSC into its second century of making Wisconsin a safer place to live, work and play.

Please contact me at kyeutter@wmc. org for more information.

Additionally, you have likely noticed this note is appearing in a new publication. We hope you enjoy reading through the inaugural issue of Wisconsin Safety Voice. This magazine is just one new way we hope to better serve our members.

It is our belief that every single company in Wisconsin should make an investment in safety. Not only will an investment pay financial dividends in the future, it will ensure that more Wisconsinites get to go home safe each and every night to their families and friends.

That is why WSC exists and why we are excited about our future. We hope you are, too!n

SAFETY VOICE WISCONSIN

SAFETY VOICE President/Publisher Kurt R. Bauer

Managing Editor Nick Novak

Art Direction/Production Kyle Pankow

Contributing Writers Katie Yeutter, Deborah A. P. Hersman, Chris Halverson, Nick Novak

Advertising Sales Nick Novak, nnovak@wmc.org

Wisconsin Safety Voice is published quarterly by Wisconsin Safety Council. WSC is Wisconsin’s leading provider of safety training and products in the state, serving members of all sizes and every sector of the economy. WSC is a program of the WMC Foundation.

WSC 501 E. Washington Avenue Madison, WI 53703 tel.: 608.258.3400 wsc@wisafetycouncil.org Follow us:

WiSafetyCouncil Wisconsin Safety Council @WiSafetyCouncil

N AT I O N A L SA F E T Y C O U N C I L

Gov. Walker Proclaims June as Safety Month in Wisconsin Not only is June National Safety Month, Gov. Scott Walker took the necessary steps to proclaim June as Safety Month in Wisconsin. Throughout the month, the Wisconsin Safety Council (WSC) partnered with the National Safety Council to raise awareness about the importance of safety in everyone’s life. Each week had a different focus, including injuries from falls, fatigue and issues with back pain.

While the staff at WSC work with members all year to improve safety on the job and at home, Safety Month brings the message of safety to a broader community. To learn more about how your company can be better prepared to prevent injuries, contact WSC at 608.258.3400 today.

Establishing a Culture of Safety

By Deborah A.P. Hersman National Safety Council President/CEO

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very four minutes in the United States, a life is lost to a completely preventable incident, like a fall, a car crash or an overdose.

Today in the U.S., preventable injuries are at an all-time high. In fact, we are far more likely to be killed by the things we do every day than as a result of some catastrophic event. And we are nine times more likely to die off the job, than on the job.

At the National Safety Council (NSC), we don’t believe in accidents.

We know we need to break through a mindset of complacency, and shift our culture in how we think and act with regard to preventable deaths.

That is why we observe National Safety Month in June every year to raise awareness and reduce leading causes of injury and death at work, on the road and in our homes and communities.

For employers and organizations that value the triple bottom line of people, planet and profits, worker injuries and fatalities cannot be merely part of the cost of doing business.

The estimated 40,000 lives lost on our nation’s roadways annually should be regarded an unacceptable burden.

And for anyone who has lost a child to a drowning because no one around knew CPR, or for those who have seen their communities devastated by prescription opioids, the only ac-

ceptable number is zero.

NSC members have supported our data-driven, commonsense approach to safety for over a century.

We applaud organizations that ban employee cell phone use behind the wheel and go above and beyond in making employee safety and wellness a priority. Imagine how different the conversation around safety could be if every company embraced a “keep each other safe” mentality.

The dedication of our members and partners has allowed us to tackle emerging issues like prescription drug overdose and fatigue, and launch and lead a major coalition to tackle roadway fatalities with the Road to Zero. Our collective 100-year-plus history affords us a perspective of what truly matters – it is why we work as hard as we do to make our vision of zero a reality.

We encourage everyone around us to take the lead in keeping each other safe—one person, one policy, one company at a time.

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2 017 SA F E T Y C O N F E R E N C E

National Safety Council President/CEO Deborah Hersman delivers remarks at Tuesday’s opening session of the Wisconsin Safety & Health Conference and Expo.

WSC Celebrates 75th Safety and Health Conference T he Wisconsin Safety & Health Conference and Expo, the Wisconsin Safety Council’s (WSC) premiere event of the year, celebrated its 75th anniversary in April when it hosted more than 1,500 safety professionals over three days in the Wisconsin Dells.

This nationally renowned conference included more than 200 safety exhibitors showcasing the newest innovations and technologies in the safety and health industry. It also featured terrific keynote speakers, numerous professional development courses and more than 55 safetyfocused training sessions.

“The Wisconsin Safety Council is a fantastic partner in our journey to make workplaces safer and also address safety off the job,” said National Safety Council President/ CEO Deborah Hersman. “They have a fantastic conference, this is one of the best events in the country and we know that we can reach a lot of people through the work

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that they do here. They recognize outstanding performance, they share best practices and they offer the training that helps people be safe every day.”

In addition to exhibitors and training sessions, WSC also recognized 11 Corporate Safety Award (CSA) winners that were chosen from more than 100 applicants.

These companies – like all WSC members—recognize that safety is a priority and should be a driving force when running a business. For more information about the CSA winners, check out the article on page six.

Just because the 2017 conference is over, that does not mean the effort to improve safety in Wisconsin is. WSC is already accepting exhibitor registrations and sponsorships for 2018. If you are interested in participating or want to become more involved with WSC, contact the WSC staff at 608-258-3400 or email wsc@wisafetycouncil.org.

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Bill Koepnick, Professional Training Services, Inc., accepts the Lifetime Achievement Award at the 75th annual Wisconsin Safety & Health Conference and Expo.

Wisconsin Safety & Health Conference and Expo attendees pack a training session to learn about the most up-to-date safety procedures and practices.

Wisconsin Safety & Health Conference and Expo attendees take time between training sessions to meet with the more than 200 exhibitors.

Nancy Milholland speaks on behalf of Hy-Test Safety Shoe Service to kick off the festivities at Tuesday night’s Diamond Celebration Reception.

DiVal Safety Vice President Dale Lesinski delivers a riveting presentation on the importance of safety during Wednesday’s opening session.

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C O R P O RAT E SA F E T Y AWA R D S

CONGRATULATIONS TO THIS YEAR'S WINNERS! The Wisconsin Safety Council and the Department of Workforce Development are pleased to celebrate the 75 finalists for the 23rd Annual Wisconsin Corporate Safety Award competition. Eleven of these leading Wisconsin companies are being honored for the Wisconsin Corporate Safety Awards. Awards are given based on the size of the business (number of employees/hours) and type of business, as defined

by NAICS code. Nominees must be headquartered in Wisconsin, or have significant management presence in the state. The winners are selected by an independent panel of 33 judges who are safety, health or insurance professionals.

USG STRUCTURAL TECHNOLOGIES, LLC Category A1 | Delavan usg.com

As the inventor of wallboard and mineral wool ceiling tile, USG created North America’s building materials industry, with the Delavan facility manufacturing specialty cement panels since 2005. During 2015, the Delavan facility employees completed over 1,600 proactive safety activities with the firm belief that participation in the safety program leads to fewer employee injuries. Operating without a lost time injury since its inception, the Delavan facility has improved the safety of the area by equipping high traffic crosswalks with automated pedestrian/fork truck alert systems, installation of a garage door opener and also rerouted pedestrian traffic.

OSHKOSH DEFENSE – WEST Category A2 | Oshkosh oshkoshcorporation.com

Oshkosh Defense delivers leading-edge tactical wheeled vehicles and life cycle sustainment services to military and security forces around the globe. Oshkosh designs, tests and manufactures a robust portfolio of heavy, medium, light and highly protected military vehicles and technologies. West Plant is a unique facility which processes completed commercial and military chassis along with the final paint process of fully assembled military trucks.

West Plant’s safety program is an employee-led culture. The employees lead safety committees, ergonomic events, part of the planning teams and continually seek to pass on that culture.

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CALUMET SUPERIOR, LLC Category A3 | Superior calumetspecialty.com

The Calumet Superior Refinery is located in the city of Superior approximately one mile from the shores of Lake Superior. The refinery employees 165 employees who work very hard to safely convert up to 1.9 million gallons, or 45,000 barrels, of raw crude oil per day into gasoline, diesel fuel, fuel oils, asphalt, and liquified petroleum gases. Our safety program is different from safety programs at most other facilities in that we safely process flammable and other high hazardous substances at elevated temperatures and pressures. To do this safely, we have a very comprehensive Process Safety Management (PSM) program.

ABB, INC.

Category A4 | New Berlin abb.com ABB Inc. is the leading manufacturer of drives and motors in the world. The ABB New Berlin location manufactures low, medium, and high power drives for the North American market. In 2016, we invested in the SafeStart program to shift the culture of safety.

We implemented an Incident Learning Process to deep dive our recordable injuries and high potential near misses. We focused on risk reduction activities and empowered our employees to “not look the other way”, to find, fix and report hazards, over 1,500 were reported with 89% closed. By doing these things, we reduced our OSHA recordable rate from 3.9 to 0, and shifted our culture along the way.

OSHKOSH DEFENSE – HARRISON ST

Category A5 | Oshkosh oshkoshcorporation.com Oshkosh Defense delivers leading-edge tactical wheeled vehicles and life cycle sustainment services to military and security forces around the globe. The Harrison Street facility is located in Oshkosh and is one of six manufacturing locations within the Oshkosh Defense Segment. Since 2011, the Harrison Street facility has implemented three levels of Oshkosh Corporation’s four-tiered Safety Management System (SMS). At the conclusion of 2016, the total recordable incident rate (TCIR) has decreased by 75.33%, and the days away-restricted-transferred (DART) rate has decreased by 62.25%, from where each metric was at the conclusion of 2011.

C O R P O RAT E SA F E T Y AWA R D S

FINCANTIERI BAY SHIPBUILDING

Category A6 | Sturgeon Bay bayshipbuildingcompany.com Located in Sturgeon Bay, Fincantieri Bay Shipbuilding is an industry leader in the construction and repair of various sized barges and ships. Tracing the shipyards history, it dates back to 1918 and has a long and storied career of building ships for use in nearly every facet of the maritime world. At Fincantieri Bay Shipbuilding, diversity is actually a building block, one that is a cornerstone of our safety program. Our safety record is the result of employee-based training programs, employee engagement and self-accountability. Our incident rate is 65% lower than the national average. No bribery, no flashy awards ceremonies, just effective communication and training with proven results.

THE BOLDT COMPANY Category C2 | Appleton theboldtcompany.com

The Boldt Company is one of the largest professional construction services firms in the United States. Boldt continuously strives to find improved ways to perform our activities safely and expresses this commitment to our employees, our customers and our communities through SafeThinking®: Our Crusade to Eliminate Accidents program. Our Continuous Safety Improvement (CSI) process further promotes SafeThinking by encouraging all employees to be actively involved with the safety process. Boldt’s focus is that everyone in the company understand safety is the most important component of a successful operation.

VIKING GAS TRANSMISSION NEXTERA ENERGY POINT BEACH NUCLEAR PLANT Category B |Two Rivers nexteraenergy.com

Point Beach Nuclear Power Plant is a dual unit 1,200 megawatt nuclear power generating station owned and operated by NextEra Energy Resources, LLC; a subsidiary of NextEra Energy, Inc. Point Beach has been recognized by OSHA as a Voluntary Protection Program (VPP) Star worksite since 2011. At Point Beach, our value is to live the safety guiding principles every day. The Point Beach management staff demonstrates active leadership, by providing the resources necessary to correct unsafe conditions in the facility that are identified by the workforce.

LAKEHEAD PAINTING COMPANY, INC. Category C1 | Superior lakeheadpainting.com

Lakehead is an industrial and commercial painting contractor.

The majority of Lakehead’s work is performed in the oil and gas industry with a focus on painting, abrasive blasting and fiber glassing of crude oil storage tanks. Lakehead is averaging one recordable injury every 4.5 years and reached our goal of zero injuries four out of the last five years. In 2016 we made the commitment to a program called SafeStart, which is now an additional component to our program. Two accomplishments we are very proud of are the decrease in our Experience Modification Rating (EMR) (1.05 in 2010 to .64 currently) and zero recordable injuries in 2016.

Category D1 | Osceola/ Chippewa Falls oneokpartners.com

Viking Gas Transmission Company operates 600 plus miles of natural gas transmission mainline starting at the Canadian/ Minnesota border and ending in Marshfield, WI. The company has two compressor stations in Wisconsin. These facilities have not suffered a lost time accident or injury in 67 plus years of operation. One of those teams, located in Chippewa Falls, WI has never had a lost time injury since the opening day of the facility in 1960. The record speaks highly of a safety culture that is nurtured in every Viking Gas Transmission employee from their first day until they retire.

ITU ABSORBTECH

Category D2 | New Berlin ituabsorbtech.com Family-owned and operated since its founding in 1930, ITU AbsorbTech provides managed services for a full range of launderable products for industry. We operate two large laundry processing facilities in Wisconsin, each with the many inherent hazards associated with the industry. We are proud of the consistency in our safety performance over the past ten years. It is who we are; an important part of our culture. Strategically, we consider safety on par with growth and profitability. In fact, it is the top strategic initiative in our business plan. Our employees across the company know this, and it positively influences their behaviors and thinking.

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R I S K M A N AG E M E N T

Negligent Entrustment: What You Need to Know

By Chris Halverson M3 Insurance, Risk Management Sales Director

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s a business owner, it's essential for you to recognize and understand the risks that can impact your business. This includes the actions of your drivers. If you have drivers on your team, you could be liable for any accidents or damage they create. Make sure you understand the amount and type of risk they represent.

Negligent entrustment means you've entrusted an employee with a poor driving history to drive on the company's behalf. It applies regardless of if the employee is driving a commercial or passenger vehicle, or if the vehicle is owned by the company. The driver's poor driving history could include moving violations or accidents he or she was responsible for causing. It's your responsibility to take reasonable steps to learn about that driver's background before he or she gets behind the wheel.

The focus of negligent entrustment suits is primarily on the employer and the policies and practices in place (or not in place) at that business. In commercial automobile operations, a case of "negligent entrustment" may arise when an employer allows an employee to use a vehicle, knowing or having reason to know that the use of the vehicle by such person creates a risk of harm to others.

An employer can be charged for acting in an inattentive or careless

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fashion or without completing required process steps. It's important to know that negligent entrustment suits and verdicts are increasing, settlements tend to be large and judgments can often include punitive damages.

Theories of Employers' Liability Two other theories exist regarding employer liability that are closely related to negligent entrustment: 1. Respondent Superior: holds an employer responsible for the conduct of an employee while the employee is acting within the scope of his or her employment 2. Negligent Hiring: holds an employer responsible for the conduct of an employee if the employer failed to use due care in hiring and retaining such employee An example of a circumstance involving negligent hiring would be failure of an employer to check a driver applicant's driving record when it would have revealed a poor driving history, or learning of a "poor" rating through the driver applicant's motor vehicle report and allowing that person to drive anyway.

Circumstances Surrounding Negligent Entrustment Cases In the case of commercial auto operations, charges of negligent entrustment often arise after a colli-

sion where the employee or contractor was dispatched on a run without due regard for their qualifications or ability to safely operate the vehicle.

Although the driver's own negligence in causing the accident is usually the primary issue, the two main focuses of investigation of a negligent entrustment charge are: • A company's policies • A company's actual practices In other words, do the theories (the policies) and the facts (the actual practices) match? Basic questions are asked, such as: • Does the company have a policy regarding driver selection and training?

• Did the management team adhere to the terms of that policy?

• Bottom line, did the insureds practice what they preached?

The Nuts & Bolts of Negligent Entrustment When does an incident potentially turn into a case or claim alleging negligent entrustment? The following elements are typically present: • The driver was incompetent • The employer knew or should have known of this incompetence • The employer must have entrusted the vehicle to the driver • The driver was negligent on the

R I S K M A N AG E M E N T occasion in question • The driver's negligence proximately caused the crash In order to prove that the employer knew or should have known of the driver's incompetence, all pertinent employment records of the driver are typically reviewed by the plaintiff's counsel. They also do a thorough investigation of the driver's background. If the employment records do not contain an accurate and complete driving history of that employee, the plaintiff's attorney will assert that the employer "knew" or should have known of the incompetence. If the plaintiff's counsel independently discovers records indicating incompetence, the employer should have been able to discover the same facts.

Furthermore, if the driver was performing within the scope of his or her job duties and the vehicle was not taken without permission, the vehicle was presumably entrusted to the driver by the employer.

And finally, in order to show the driver's negligence proximately caused the crash, investigations by "expert witnesses" often play a major role. However, the easiest way to prove negligence is through a citation that was issued to the driver, the driver being criminally charged or the driver ruled to have been "at-fault" after a presentation of evidence.

Reducing Your Exposure to Negligent Entrustment The potential of exposure to negligent entrustment losses can be

reduced through the following: • Driver recruiting and selection practices • New hire evaluation and orientation • Ongoing driver review and training • Post-accident reviews and training • Annual motor vehicle report checks on drivers • Driver conduct policy • Vehicle maintenance program Negligent entrustment, and other associated vehicle safety lawsuits are increasingly causing concern for employers. Taking the time and effort to develop and implement a safety and risk program is minimal when compared to the emotional and financial costs incurred from a negligent entrustment case. n

UPCOMING EVENTS

2017 Worker’s Compensation Law Symposium & Best Practices

September 19 Call WSC for more information: 608.258.3400

The Edgewater 1001 Wisconsin Place Madison, WI 53703

Annual Autumn Safety & Health Conference

In conjunction with the State of Wisconsin Business & Industry Luncheon

October 19

Monona Terrace Community & Convention Center Madison, WI

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C O M M I T M E N T TO SA F E T Y S P O N S O R S

D IAMOND SPONSORS

P LATINUM SPONSORS G OLD SPONSORS American Transmission Company Aon Cardinal FG Colony Brands

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L&S Electric, Inc. Madison Gas & Electric Oshkosh Defense Schreiber Foods

Stantec Tweet/Garot West Bend Insurance Xcel Energy

Mercury Nextera Energy RGL Rockline Industries

Rockwell Automation RPB Sentry Toro Wisconsin Lift Truck Corp

ILVER SPONSORS

ABB Inc. Agropur Bassett Mechanical Carhartt

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Greenheck Fan Corporation HNI Risk Services ITU AbsorbTech Kikkoman

Conney Safety Fisher Improvement Technologies Johnson Insurance Master Lock

RONZE SPONSORS

Apache Stainless Bulwark Crystal Clean

Energis Enviro-Safe Fitesa

Foremost Farms JJ Keller & Associates, Inc. Johnsonville

Mathews Solocam Teel Plastics, Inc. Viking Gas Transmission Company

Thank you to the WSC Advisory Board for their service!

MICHELE ANDERSON, MS, RN, COHN-S WEC Business Services, LLC

CAROL JAMROSZ RGL

JULIE SIMON Xcel Energy

RICH BIZEK ATI Ladish Forging

GEORGE JEROME Schreiber Foods, Inc.

JIM SUTTON, PE, CSP Mercury Marine

ERIC BROWN M3 Insurance

DANICA LEE, BS Wisconsin State Laboratory of Hygiene

RON WEGNER West Bend Mutual Insurance Co.

MIKE BYINGTON, CSMP Kwik Trip

MARK LONGMIER The Manitowoc Company, Inc.

BETTY WEBBER Colony Brands, Inc.

THOMAS DISALVI Schneider National

DAVE MANKE, MS, CSM, CSRM, PWCA Johnson Insurance

BRUCE GORANSON Lincoln Safety Solutions

CHARLES B. PALMER Michael Best & Friedrich LLP

WSC Ex-Officios JAMES LANGE, CSP Fox Valley Technical College

CHRIS HALVERSON M3 Insurance

CARRIE PARMAN, CSP Alliant Energy Corporation

MARK HAWLEY, CSP Alliant Energy Corporation

JUSTIN POPE Foremost Farms U.S.A

LINDA HUSKE, CSHM City of West Allis

JON RAYMOND Kikkoman Foods, Inc.

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TODD LOUSHINE, PH.D. UW-Whitewater MARK MINER UW-Platteville

Save the Date!

2018

Wisconsin Safety & Health Conference and Exposition

April 16-18, 2018 Kalahari Resort & Convention Center Wisconsin Dells, WI

2017 SAFETY TRAINING The Wisconsin Safety Council, a division of WMC, is Wisconsin's Chapter of

leading provider of safety training and programming. WSC offers training throughout the year at locations across the state or training at your facility.

WISAFETYCOUNCIL.ORG MILWAUKEE AREA SAFETY TRAINING AUGUST 10 Creating a World Class Safety Culture SEPTEMBER 12 NEW! OSHA 101 for Small Business: A Crash Course in Workplace Safety

OCTOBER 5 Confined Space, Train-the-Trainer OCTOBER 6 Lockout/Tagout, Train-the-Trainer (AM) OCTOBER 10 Coaching the Lift Truck Operator, Train-the-Trainer

OCTOBER 11 Coaching the Lift Truck Operator, Train-the-Trainer

OCTOBER 16-19 Safety Management Techniques (SMT)

DECEMBER 4-7 OSHA 30-Hour Voluntary Compliance for General Industry

OCTOBER 19 Annual Autumn Safety & Health Conference/Exposition

MADISON AREA SAFETY TRAINING JULY 12 NEW! Safety for Manufacturing – What & How JULY 18-20 OSHA 2055 Cranes in Construction

NOVEMBER 9 Ergonomics: Managing for Results NOVEMBER 14 NEW! The Five Fundamentals of Safety DECEMBER 12 Effective Team Safety

AUGUST 7-10 Principles of Occupational Safety & Health (POSH)

FOX VALLEY/GREEN BAY AREA SAFETY TRAINING

AUGUST 23 Coaching the Emergency Vehicle Operator (CEVO): Ambulance and Fire

SEPTEMBER 14 Effective Team Safety

AUGUST 28-30 Instructor Development Course (IDC): First Aid/CPE/AED SEPTEMBER 5-8 OSHA 501 Trainer Course in Occupational Safety & Health Standards for General Industry SEPTEMBER 18-21 OSHA 30-Hour Voluntary Compliance for General Industry OCTOBER 3 RCRA Compliance for Hazardous Waste Generators Overview (AM) OCTOBER 3 DOT Hazmat Transportation Refresher (PM)

SEPTEMBER 28 Incident Investigation: A Root Cause Analysis OCTOBER 12 NEW! Safety for Manufacturing – What & How OCTOBER 19 Safety Inspections OCTOBER 26-27 OSHA 10-Hour Voluntary Compliance for General Industry WAUSAU/EAU CLAIRE AREA SAFETY TRAINING JULY 18-19 OSHA 10-Hour Voluntary Compliance Course for General Industry AUGUST 24 Coaching the Lift Truck Operator, Train-the-Trainer