Kevin Ian Schmidt

All posts by Kevin Schmidt

OSHA and the loss of Chevron Deference

In a significant departure from precedent, the Supreme Court overturned the Chevron doctrine in a 6-3 decision. Established in 1984’s Chevron v. Natural Resources Defense Council, the doctrine instructed courts to defer to reasonable agency interpretations of ambiguous laws. Chief Justice John Roberts’ 35-page opinion deemed the Chevron doctrine “fundamentally misguided” and rejected its application […]

The Business of Safety

There are two methods often used to assess business risks, quantitative and qualitative. According to research, most businesses utilize the quantitative assessment model in order to identify and categorize probable problems with their business practices. A quantitative risk assessment approach means that numbers are used to calculate and predict hazards. Each hazard is then prioritized […]

Corrective Actions

It’s important to divide your recommended corrective actions into the categories below: Immediate or short-term corrective actions to eliminate or reduce the hazardous conditions and/or unsafe behaviors related to the accident. Long-term system improvements to create or revise existing safety policies, programs, plans, processes, procedures and practices identified as missing or inadequate in the investigation. […]

OSHA Employer Responsibilities

Your employer has many responsibilities or obligations detailed within the OSH Act and other standards. OSHA’s job is to protect employees, not necessarily employers. If there is a serious accident in the workplace, OSHA will investigate to determine if the employer did not adequately meet their obligations under the law. By doing so, OSHA’s ultimate […]

Causal Tree Analysis Root Cause

An accident may be the result of many factors (simultaneous, interconnected, cross-linked events) that have interacted in some dynamic way. In an effective accident investigation, the investigator will conduct three levels of root cause analysis: Injury analysis: At this level of analysis, we do not attempt to determine what caused the accident, but rather we […]

Behavior Based Safety Programs: A Comprehensive Guide

n the realm of workplace safety, Behavior-Based Safety (BBS) programs stand out as powerful tools for preventing incidents and fostering a culture of continuous improvement. While many organizations have implemented BBS, there’s always room for enhancement to ensure its sustained success. But even the most well-intentioned BBS initiatives can benefit from a tune-up. This comprehensive […]

Tips for Developing A Successful Emergency/Crisis Management Program

Emergency/Crisis Management Planning needs vary with the industry, type of operations, and regulatory applicability; however, the following guidelines can be used for any situation: WHAT ARE YOUR WORKPLACE HAZARDS? The first step is to Identify vulnerabilities and hazards associated with your operation. No one understands your operation better than you. Ensure that emergency, business continuity, […]