On November 7, 2019, OSHA held a public stakeholder meeting on safety key performance indicators (KPIs). During this meeting, the agency sought input from employers and industry groups on leading and lagging safety KPIs. Specifically, OSHA aimed to gather information about: (1) how companies regularly implement leading indicators; (2) how the information is used to strengthen work protection best practices; (3) the possibility of creating a digital library of leading indicators accessible on the OSHA website; and (4) next steps for OSHA’s leading and lagging indicators. The agency did not specify how this information would be used and, specifically, whether it would be utilized to develop a future rulemaking or guidance document.
Several agency representatives were present, including Lauren Sweatt, the OSHA Deputy Assistant Secretary of Labor for Occupational Safety and Health. Invited participants included safety researchers and organizations, as well as industry representatives from construction and contractors, farming and grocery, paper manufacturing, heavy manufacturers, recycling, oil and gas, healthcare and hospitals, small businesses, and insurance. Reed Smith participated as an observer.
In general, industry representatives spoke positively about the effectiveness of leading safety indicators over lagging indicators, which is consistent with recommendations from other agencies including the U.S. Chemical Safety Board (CSB). Meeting participants described how the use of leading safety indicators consistently correlated with reduced incident rates and helped unite management and hourly employees around safe work practices.
In preparation for the meeting, OSHA published its Using Leading Indicators to Improve Safety and Health Outcomes guidelines. The publication describes quality leading indicators as specific, measurable, accountable, reasonable, and timely, and provides examples of what OSHA considers to be effective versus ineffective KPIs. It also describes the methods OSHA recommends for employers to use in developing effective and efficient leading indicators, including the use of data that the organization already collects to achieve safety or health goals.
In addition to OSHA’s publication, meeting participants discussed:
Characteristics of Leading Indicators: Panelists agreed that leading safety indicators should be fit for purpose based on specific industries and operations. They urged OSHA to consider defining a subset of proven leading KPIs that would serve as “recommended” indicators from which employers could choose. One safety professional added that leading safety indicators are most effective when they are action-oriented, meaningful, and valid, among other characteristics.
Connection to Other Safety and Wellness Programs: Industry representatives suggested that the benefits of leading indicators can be significantly increased by using them in connection with other employee social and wellness programs. These can include programs relating to substance abuse, mental health and suicide prevention, generational differences, technology and safety interaction, top-down safety culture, and empowerment of front-line employees. One meeting participant noted that in the construction industry there can be high rates of alcohol dependency. In light of this, certain construction companies have implemented alcohol awareness programs and expanded access to mental health providers, and in turn measure the use and effectiveness of these programs through KPIs.
Toolbox Talks: Construction representatives also noted that “toolbox talks” are instrumental to a robust safety program in that industry, particularly for engaging directly with employees on leading safety indicators. These “tailgate meetings” are working group discussions between field employees and management that occur daily, prior to each shift, to reinforce the importance of following safety procedures. Meeting participants stated that these talks are most effective when conducted at an employee’s jobsite, adding that employees should be empowered and engaged through positive communication with their managers.
Participants recommended that managers focus toolbox talk discussions on employee comprehension of safety procedures, and managers should be well trained in effective communication techniques, including around leading safety indicators. Industry representatives explained that communication gaps can arise between management and hourly employees. As a result, it is important that all parties understand and provide feedback on the meaning of safety indicators from different perspectives. Representatives from safety organizations also offered that the focus of employers should be on the quality of toolbox talks rather than the length, and that there should be a means of measuring employee comprehension.
Use of Technology: Industry representatives suggested that leading safety indicators should be supported by appropriate technology to track data, assess the effectiveness of implementation, and facilitate employee input. They noted that technology allows employers to track and analyze data from leading indicators on incident rates, near miss cases, and implementation of safety procedures. For example, one representative from the safety industry described a wearable arm band device that utilizes sensory technology to measure data regarding an employee’s occupational environment, such as light levels, humidity, and air quality. This data is then used by the employer’s software to analyze trends relevant to unsafe conditions, human movement and ergonomics, as well as when and where hazards most often occur. Another panelist offered that technology could be used to empower employees in the tracking of leading safety indicators, and described a wearable recording device for employees to describe and transmit safety hazards observed in real time.
Reporting of Safety Violations: Meeting participants further described how despite positive employee communication and empowerment based on leading safety indicators, gaps can develop in employee reporting of safety violations. Oil and gas representatives stated that while leading safety indicators and toolbox talks empower employees to effectively implement safe work practices independently, those employees may still be reticent to report their colleagues who are not following safety procedures. To address this, meeting participants recommended developing systems for employees to report safety violations to human resources or other functions without resulting penalties or discipline.
Read more on OSHA’s pre-meeting publication, Using Leading Indicators to Improve Safety and Health Outcomes.
Stay connected and receive additional EHS Law Insights by following our blog.
Client Alert 2019-283
