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A Look at the Laws
29 CFR 1910.138 of the United States Code of Federal Regulations (CFR) dictates that employers must take the following steps to ensure their employees’ hands are protected:
- Employers must assess what kinds of hazards employees and their hands might be exposed to while on the job, including:
- Absorption of harmful substances
- Severe cuts or lacerations
- Severe abrasions
- Punctures
- Chemical burns
- Thermal burns
- Harmful temperature extremes
- Employers must choose appropriate hand protection for those hazards employees are exposed to.
- Appropriate hand protection must be made available for free to employees.
- Employers must require employees to use the appropriate hand protection whenever they are exposed to such hazards.
It is therefore the responsibility of any employer to provide free and adequate hand protection for their employees as well as to ensure that they are using them when appropriate. Failure to do so can result in serious injury and liability.
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The First of Many: Common Penalty Costs for OSHA Violations
According to a white paper published by BLR®, annually there are 110,000 hand injuries that result in lost time for employees. An analysis of ten random OSHA investigations from 2013 begins to explain what these very common injuries can cost:
- Ten separate investigations found 25 violations.
- The total initial penalty for these violations was $93,770.
- The total final penalty for these violations was $78,070.
- The average cost to a company after an investigation was $7,807, or $3,123 per violation.
- A store received the most expensive penalty when an employee using a faulty power washer suffered severe lacerations to his hand when it exploded, costing the store $26,500 in fines alone.
More Costs: Workers’ Compensation
A recent white paper by BLR® Legal Editor Ana Ellington gives us the rundown on common workers’ compensation claims concerning hand injuries.
- More than 1 million workers go to the emergency room each year for hand related injuries.
- Hand injuries result in lost-time workers’ compensation claims.
- The average claim exceeds $6,000.
- Each lost-time workers’ compensation claim reaches approximately $7,500.
Fines Are Just the Beginning
Penalties and workers’ compensation claims together cost an employer an average of about $14,000. And that’s if the worker doesn’t sue.
In 2005, the Supreme Court ruled on Fang v. Heng in favor of the plaintiff, Shi Pei Fang, for a total of $300,000 for past suffering and $750,000 for future suffering. Fang had suffered a permanently disabling hand injury while working in a factory.
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The Point
Between OSHA penalties and workers’ compensation claims, employers spend an average of $14,000 for each injury. Add this to lawsuits like the one mentioned above, and the costs can jump by a factor of one hundred.
Workers in some occupations may not be able to foresee a hand injury, such as teachers or office workers. Obviously, no one at these kinds of jobs should be expected to wear hand protection, and the law doesn’t require them to. However, if your company involves hazards like those listed above, take note. You could save yourself a lot of money.
But What Will It Cost Me?
While there are some very expensive gloves out there that offer comprehensive protection, purchasing quality gloves for specific, individual hazards costs on average about $35. BLR Legal Editor Ana Ellington recently tested out a pair of high grip gloves at a conference (see the picture above). The Ansell Touch N Tuff gloves range from as little as $8.50 per disposable pair, and as Ellington found out, can grip a smooth metal object covered in grease. Imagine how that could prevent accidents in a factory where parts are regularly covered in grease, water, or other slippery materials right next to fast-moving, powerful machinery.
Companies like Ansell provide affordable, top quality protection against all kinds of hazards. For example, a glove that could protect an employee from fire costs about $30. A glove that protects a hand from lacerations costs about $40. Gloves that protect from abrasions cost about $40 on average. Forming bulk contracts with quality glove manufacturers can help you save a little more.
Buying gloves for your at-risk employees just makes sense any way you look at it. Protected hands stay uninjured and can continue to work—damaged hands cost time and money. It’s that simple.