Fifteen willful violations of OSHA's fall protection standards were found at the company's Canton steel manufacturing plant.
OSHA received a formal complaint from the United Steelworkers Union alleging inadequate fall protection and other unsafe practices exposing workers to various hazards in the plant's melt shop. During the inspection, opened in February 2013, OSHA discovered that two workers had been seriously injured in falls at the site in June and August of 2012.
"People working hard to provide for their families should not have worry each day whether they'll come home," said Secretary of Labor Thomas E. Perez. "Republic Steel put their workers' lives in danger, and that kind of disregard for safety will not be tolerated."
The company has a history of failing to address fall hazards. In 2011, after an employee was seriously injured in a fall at the company's Lorain, Ohio, facility, OSHA issued willful citations to the company for fall hazards. In a settlement entered into with OSHA in 2012, the company accepted three willful fall hazard violations at the Lorain plant and to address fall protection at its plants, including the Canton plant.
"Republic Steel has a long history of OSHA violations and disregard for employee safety and health," said Dr. David Michaels, assistant secretary of labor for occupational safety and health. "It is unacceptable that Republic Steel has not taken more effective steps to improve safety at the Canton plant, particularly in light of a 2012 settlement aimed at exactly that. OSHA will remain diligent in its commitment to protect America's steel workers."
A total of 15 willful violations were cited for failing to provide fall protection in the Canton steel mill. Among the violations noted were lack of fall protection while working on the runway girders that were 66 feet above the ground and falls of 30 feet due to missing and damaged guardrails. Workers were also exposed to falls of up to 30 feet above the slag pit and falls of 20 feet above the electric arc furnace and molten steel ladle. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirements, or plain indifference to employee safety and health.
One repeat violation was cited for failing to post danger signs or other effective means of indicating the existence and location of permit-required confined spaces in the melt shop. OSHA issues repeat violations if an employer previously was cited for the same or a similar violation of any standard, regulation, rule or order at any other facility in federal enforcement states within the last five years. The same violation was cited in August 2009 at the company's facility in Blasdell, New York.
Additionally, eight serious violations include tripping hazards, the use of electrical panels not suitable for wet locations, lack of personal protective equipment for employees working around the furnace, failing to evaluate potential hazards in confined spaces that employees might need to enter such as furnaces and duct work, and failure to train workers on hazards and issue entry permits for those spaces. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.
Republic Steel will remain in OSHA's Severe Violator Enforcement Program, which mandates targeted follow-up inspections to ensure compliance with the law. The company was placed in the program in 2011. OSHA's severe violator program focuses on recalcitrant employers that endanger workers by committing willful, repeat or failure-to-abate violations. Under the program, OSHA may inspect any of the employer's facilities if it has reasonable grounds to believe there are similar violations.
The company, which is headquartered in Canton, employs approximately 2,500 workers companywide and 600 at the Canton mill. Other Republic Steel mills are located in Massillon and Lorain, Ohio, and Blasdell, New York.
The Canton plant has been inspected by OSHA 16 times, which resulted in one willful, two repeat, 22 serious and 23 other-than-serious final order citations. As a corporate entity, Republic Steel has been inspected 79 times resulting in the issuance of six willful, 15 repeat, 145 serious and 70 other-than-serious final order citations.
GHS OSHA Hazard Communication Training PowerPoint Now Available
With OSHA’s adoption of the Globally Harmonized System (GHS) for the classification and labeling of hazardous chemicals, virtually every chemical label, MSDS—now called Safety Data Sheet (SDS), and written hazard communication plan must be revised to meet the new standard.
By December 1, 2013, all employees at your site that work with, or are exposed to, hazardous chemicals must be trained to understand the new classification system, labels, warning statements, precautions, pictograms, and safety data sheets for chemicals at your worksite.
Environmental Resource Center is making available a PDF presentation or a customizable PowerPoint that you can use for on-site worker training. The training program, which covers all of OSHA’s required GHS Hazard Communication training requirements in a format that is easy to understand.
Pricing and options:
Options:
- Customized PowerPoint: send us your written GHS hazard communication plan and 10–20 safety data sheets. We’ll create a custom training program for your site: $899
- If you have not updated your hazard communication plan, let Environmental Resource Center update it for you: $799
- Customized PowerPoint and hazard communication plan: $1600.
How to Implement OSHA’s Globally Harmonized Hazard Communication Standard (GHS)
OSHA has issued a final rule revising its Hazard Communication Standard, aligning it with the United Nations’ globally harmonized system (GHS) for the classification and labeling of hazardous chemicals. This means that virtually every product label, safety data sheet (formerly called “material safety data sheet” or MSDS), and written hazard communication plan must be revised to meet the new standard. Worker training must be updated so that workers can recognize and understand the symbols and pictograms on the new labels as well as the new hazard statements and precautions on SDSs.
Hawaii Refrigerated Food Warehouse Fined $251,330 for Over 60 Violations
The employers face $251,330 in total proposed fines following joint inspections conducted in February by OSHA and Hawaii's Department of Labor and Industrial Relations' Occupational Safety and Health Division. The inspections were conducted under OSHA's National Emphasis Program for facilities with highly hazardous chemicals.
The willful violations include locked and sealed exit doors, failure to keep exit routes free and unobstructed and failure to label exit routes and post signs clearly indicating the route to the nearest exit. Inspectors found 13 of the exit doors were locked from the outside and sealed shut, and that workers could not open or reach emergency exit doors because storage racks filled with pallets of products blocked the doors. The willful violations carry a proposed penalty totaling $112,000.
"The employers' shocking decision to seal exit doors and block emergency exit routes to gain additional storage space placed the workers in great jeopardy," said Galen Lemke, director of OSHA's Honolulu Area Office, who said that the blocked exits could have devastating results in the event of an ammonia leak from piping located throughout the facility. "Employers must follow safety and health rules to prevent horrific tragedies, such as the Triangle Shirtwaist Factory fire in New York in 1911 when 146 workers died, unable to escape due to blocked exits. We hope to never see such a tragedy again, in Hawaii, or anywhere."
"This enforcement effort is also reflective of how OSHA and HIOSH are working closely together to ensure safe and healthful working conditions for Hawaii's workers," added Department of Labor and Industrial Relations director Dwight Takamine.
Fifty-eight serious violations relate to hazards associated with process safety management of highly hazardous chemicals in the ammonia refrigeration system; missing stair railings; unguarded floor openings on stairway platforms; deficiencies in the company's plan for the response to workplace emergencies; and inadequate electrical equipment.
The employer was also cited for two other-than-serious violations related to portable fire extinguishers. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.
Nashville RCRA and DOT Training
Pittsburgh RCRA and DOT Training
Columbus RCRA and DOT Training
Texas Cabinet Manufacturer Cited for Failing to Remove Hazardous Levels of Combustible Dust
OSHA's San Antonio Area Office initiated the February inspection as both a follow-up and complaint inspection.
Combustible dusts include fine particles, fibers, chips, chunks, or flakes that, under certain conditions, can cause a fire or explosion when suspended in air. Types of dusts include metal-for example, aluminum and magnesium-wood, plastic, rubber, coal, flour, sugar, and paper. Cardell Cabinetry specializes in kitchen cabinet manufacturing and employs about 1,100 workers.
The three repeat violations, with a penalty of $99,000, were cited for failing to remove combustible wood dust, cover electrical boxes and reduce the pressure of compressed air. Similar violations were cited in 2012.
A failure-to-abate violation, with a penalty of $34,034, was cited because the employer failed to remove combustible wood dust from the parts mill area. The same violation was cited in 2012. A failure-to-abate notice applies to a condition, hazard or practice that, found upon re-inspection at the employer site, was the same as originally cited and not corrected.
The one other-than-serious health violation, with no monetary penalty, is for failing to annually fit test workers required to wear respirators.
"The sizable penalties proposed here reflect the severity of the various hazardous conditions found at this facility, including the accumulation of combustible dust that can lead to a needless catastrophic incident," said Kelly C. Knighton, director of OSHA's San Antonio Area Office. "The fact that such an incident has not occurred does not absolve Cardell Cabinetry of its responsibility to find and eliminate hazards that could endanger workers' lives."
Texas Oil and Gas Industry Manufacturer Fined $143,000 for Safety and Health Violations
The inspection was initiated in February under OSHA's Site Specific Targeting program that directs agency enforcement resources to high-hazard workplaces where the highest rates of injuries and illnesses occur.
"The proactive nature of the Site Specific Targeting program allows hazards to be discovered before any serious injuries occur, although we cannot stress enough the value of prevention," said Casey Perkins, OSHA's area director in Austin. "Utex Industries has many serious risk factors for fire, explosion, hearing loss, and chemical exposures that must be addressed to safeguard the workplace."
The serious safety violations include failing to guard machinery, provide a proper conduit for compressed air, ensure electrical equipment is approved for usage, and ensure spray booths have fire prevention equipment. Additional safety violations include failing to keep flammable liquids in closed containers, prevent the accumulation of combustible dust, repair damaged pallet rack, and properly repair and maintain forklifts. The serious health violations include failing to implement a hearing conservation program, provide proper eye and foot protection, provide chemical eyewash stations for workers exposed to corrosive chemicals, and implement a hazardous chemical communication program.
In addition, three other-than-serious violations were cited for failing to provide proper respirators, evaluate lead exposure, and allow usage of a 120-volt electrical receptacle without reverse polarity.
Texas Wood Manufacturer Fined $148,400 for Exposing Workers to Amputations
Proposed penalties total $148,400 for failing to guard machinery and exposing workers to amputation hazards. Lone Star Reel Corp. is a wood manufacturer that produces wooden spool reels.
OSHA's Dallas Area Office began its programmed inspection, aimed at specific high-hazard industries, in February at the company's Throckmorton Street facility. The two willful safety violations were cited for failing to provide workers with documented procedures on how to control potentially hazardous energy sources during machine or equipment maintenance and ensure that points of machine operations were guarded to prevent the exposure of any body parts in the danger zone during operation cycles.
"By failing to guard machinery, Lone Star Reel is exposing workers to possibly losing fingers, hands, feet, or other body parts. That negligence will not be tolerated," said Stephen Boyd, OSHA's area director in Dallas. "It is the employer's responsibility to provide a safe and healthy workplace for its workers, and OSHA will hold them accountable."
The eight serious violations cited involve failing to ensure that dust collectors have proper explosion protection; ensure that all passageways, storerooms, and service rooms were kept in a clean and orderly condition; ensure that energy control procedures were developed, documented and utilized; ensure that materials were stored in a stable or secure manner; ensure that powered industrial trucks were not used in the presence of combustible dust; ensure that one or more methods of machine guarding were provided to protect workers; ensure that unused openings in cabinets, boxes and fittings were closed; and ensure that equipment in hazardous locations were approved for the class of location due to the presence of combustible dust.
Pittsburgh Chocolate Manufacturer Cited for Hazardous Energy Control Violations
OSHA has cited Tsudis Chocolate Co., Inc., for 19 alleged safety violations at its Pittsburgh manufacturing facility. Proposed penalties total $87,260. OSHA opened its February inspection after an employee sustained crushing injuries to the right hand and wrist because a machine inadvertently activated while he set it up.
"Tsudis Chocolate could have prevented this unfortunate incident by having the proper hazardous energy controls in place," said Christopher Robinson, director of the OSHA Pittsburgh Area Office. "It is vital that the company abate these hazards as soon as possible to protect the safety of its workers."
Three repeat violations, with a penalty of $27,860, were cited for the company's failure to properly guard points of operation on machinery; provide appropriate electrical protective equipment when employees worked on energized electrical parts; and ensure that containers were labeled, tagged or marked with the identification of the hazardous chemicals. Similar violations were cited in 2011.
Twelve serious violations, with a $59,400 penalty, were cited for failing to address electrical hazards; create energy control procedures for equipment; conduct a periodic inspection of the energy control procedures at least annually; and provide training to authorized employees on the recognition of applicable energy sources in the facility. Other violations included failing to provide adequate machine guarding on equipment and properly use or install listed or labeled electrical equipment.
Four other-than-serious violations were cited for the company's failure to identify lockout/tagout devices to prevent inadvertent machine start-ups, anchor machines in fixed locations, provide adequate access to electrical equipment, and ensure electrical equipment was not located in wet/damp locations.
Georgia Farm Cited for Grain Bin Safety Hazards
The Brooklet farm was inspected in February upon notice that a worker had become entrapped inside a grain handling storage bin while attempting to clear soybeans from a jammed auger.
Two willful violations involve failing to ensure the screw auger is locked out when workers are inside the bin, and provide workers a body harness with a lifeline upon bin entry.
Six serious violations include failing to develop an emergency action plan, provide annual training on grain handling hazards and obtain permits addressing bin entry procedures and requirements. The company also failed to equip the workers who entered the bin with rescue equipment, allowed workers to walk on the grain, and did not ensure that an observer was stationed outside during bin entry or was equipped to provide assistance in case of an emergency.
"This incident, involving well-recognized hazards within the grain industry, should have been preventable," said Robert Vazzi, OSHA's area director of the agency's Savannah Area Office. "Sikes cannot continue to fail its workers by not providing employees with a safe and healthful work environment."
OSHA is working with the grain and agricultural industries, and the agricultural community, to educate employers and workers about the six major hazards of the grain and feed industry. Through training, decals, brochures, websites and other means of communication, OSHA will continue to work to improve awareness of these hazards to ensure the safety and health of workers on farms and in grain handling facilities.
Metal Finishing Company Fails to Evacuate Workers During a Natural Gas Leak
Badger Metal Finishing, Inc., has been cited for 17 safety violations by OSHA at its St. Francis metal finishing facility. OSHA's inspection was prompted by a complaint that workers were not evacuated during a natural gas leak. Proposed penalties total $46,200.
"Failing to evacuate workers during a natural gas leak shows a serious disregard for worker safety and health," said Chris Zortman, OSHA's area director in Milwaukee. "As an employer, Badger Metal Finishings has a responsibility to maintain a safe and healthful workplace for all its workers. Fortunately, no injuries resulted from this careless action."
A total of 14 serious safety violations cited include failing to evacuate workers during a gas leak; unguarded stairways and floors leading to a fall hazard; lack of eye protection; inadequate lockout/tagout procedures to control hazardous energy; and blocked electrical panels and use of damaged extension cords. Additionally, violations of OSHA's respiratory protection program standards were cited, such as lack of a written respiratory program, failing to conduct medical evaluations for respirator use and deficient cleaning. The company also failed to train workers on how to operate powered industrial vehicles and how to remove damaged vehicles from service.
Three other-than-serious violations cited include failing to inspect the lockout/tagout program annually, inadequate labeling of hazardous chemical containers, and failing to provide workers with information and training on the use of hazardous chemicals.
Badger Metal Finishing conducts metal polishing and finishing applications and employs 37 workers.
Massachusetts Mental Health Provider Agrees to Protect its Workers from Workplace Violence
North Suffolk Mental Health Association, Inc., has entered into a companywide settlement agreement with the US Department of Labor to implement comprehensive procedures and policies to safeguard its workers better against the hazards of workplace violence.
OSHA cited North Suffolk in June 2011 for failing to provide adequate safeguards against workplace violence following the death of a worker in January 2011. A resident of the company's group home in Revere allegedly abducted and murdered the worker, who worked on-site as a senior counselor.
North Suffolk contested its citation to the Occupational Safety and Health Review Commission. The settlement, which applies to all North Suffolk programs, activities, and workplaces, now resolves the case. Service Employees International Union Local 509, which represents some of the employees affected by the settlement, elected third party status in the case, participated in the proceedings, and is a signatory to the agreement.
"This resolution cannot restore the life that was taken. But it can help prevent future injuries and loss of life," said Marthe Kent, OSHA's New England regional administrator. "Enhanced safeguards and training at all North Suffolk locations will equip workers with the knowledge and tools to protect themselves better against assault."
"While North Suffolk had in place certain programs and policies to address workplace violence, what we sought in this litigation, and have achieved in this settlement, were improvements for all its locations. These policies are designed to reduce workplace violence substantially, which tragically accounts for injuries and even fatalities," said Michael Felsen, the department's regional Solicitor of Labor for New England.
The terms of the settlement include agreeing to a stand-alone written violence prevention program for all client-related service programs at all its locations. The program's elements will include workplace controls and prevention strategies; hazard/threat/security assessments; a workplace violence policy statement outlining and emphasizing a zero-tolerance policy for workplace violence; incident reporting and investigation; and periodic review of the prevention program. Management will solicit staff input and ensure staff involvement in the workplace violence prevention program, including offering full membership on the company's safety committee.
North Suffolk also agrees to take, at a minimum, the following measures across all its operations, to the extent it hasn't already:
- Implement procedures to communicate any material incident of workplace violence or threatening behavior to staff in a timely manner
- Implement procedures to account for staff who end their shift away from North Suffolk work sites; a buddy system for at least the second and third shifts, as appropriate, based on situational risk assessments; a procedure for staff to request additional coverage when necessary including, but not limited to, situations where staff members communicate that they feel unsafe; and a system for documenting such requests
- Determine the behavioral history of new and transferred clients and utilize a system, such as log books, to identify clients with assaultive or threatening behavior and communicate pertinent information to potentially exposed staff; train staff to understand the system; and have a process in place to respond appropriately to clients who display disruptive behavior
- Provide staff with a reliable way of summoning assistance, such as electronic alarms, cell phones and/or walkie-talkies, when needed on company premises, when staff is alone with a client in the community and/or transporting a client in a vehicle
- Conduct annual risk assessments of each work site to ensure exit routes are available and easily identified. Provide adequate lighting at all company facilities.
- All workers throughout North Suffolk's operations will be provided with a notice summarizing the settlement, which also advises them how they can easily obtain a copy of the full document.
North Suffolk also agrees to provide abatement information and a status report to OSHA on implementation of the agreement's terms. Finally, it agrees to pay the original assessed OSHA fine of $7,000, the maximum fine allowed under law for a serious violation. The settlement will become a final order of the Occupational Safety and Health Review Commission on September 5, 2013.
New York Concrete Block Manufacturer Fined after Worker Loses an Arm
OSHA has cited Marly Building Materials of Lindenhurst for 13 serious violations of workplace safety standards after an employee lost his arm in an accident. The manufacturer of concrete blocks faces $50,000 in proposed fines.
On February 19, the employee was shoveling sand onto a conveyor belt as part of the production process when his left arm became caught in the conveyor belt. The arm was amputated above the elbow. The inspection by OSHA's Long Island Area Office found that this, and other conveyors in the production area, were not guarded to prevent employees from being caught in conveyor moving parts during operation.
It is a graphic example of the pain and suffering caused when an employer fails to ensure that machines and equipment have the required safeguards installed," said Anthony Ciuffo, OSHA's Long Island area director. "It is imperative that this employer take prompt and effective action to eliminate these conditions to prevent an accident like this from happening again."
Hazardous energy control involves locking out a machine's power source, so it cannot be unintentionally activated during inspection, repair, and maintenance. Other identified hazards included missing stair railings; exposed live electrical parts; safeguards designed to protect employees during an emergency, which were not in proper working order; floors and railings coated with cement dust; inadequate chemical hazard communication training; and not evaluating the workplace to determine if there were permit-required confined spaces which employees must enter.
OSHA Cites Heartland Midwest after Worker Dies in Gas Pipe Explosion
JJ's Bar and Grill, which does business as JJ's Restaurant, was cited for one safety violation in the incident.
The explosion and fire was caused by an uncontained natural gas leak released from an underground 2-inch natural gas transmission pipeline. Heartland Midwest LLC's crew operated a horizontal directional drilling machine to lay a fiber-optic cable outside the restaurant when the boring tip of the drilling pipe breached the natural gas supply line.
OSHA conducted two investigations. A fatality investigation of JJ's Bar and Grill was conducted after a worker died in the restaurant as a result of the explosion. OSHA also conducted a catastrophe investigation of Heartland Midwest LLC as three of the company's workers were hospitalized for one or more days.
Heartland Midwest was cited for a willful violation of the General Duty Clause for failing to provide its own employees with a workplace free of recognized hazards that were likely to cause death or serious bodily harm. Employees were exposed to explosion, toxic chemical exposure and electrocution hazards while boring underground and crossing the paths of existing utilities. OSHA determined that this willful citation was a factor in the natural gas release, explosion and fire that resulted in the hospitalization of the three Heartland Midwest workers.
The company was also cited for a willful violation of an OSHA standard for failing to ensure that all crew members were equipped with footwear that protected them from the hazard of electrocution while boring in the vicinity of underground electrical power lines.
"This explosion was a tragic event that stemmed from errors on behalf of Heartland Midwest. Companies, such as Heartland Midwest, have a responsibility to train employees about the hazards that exist on work sites. It is heartbreaking that a person was killed, and numerous employees were severely injured as a result of these violations," said Marcia Drumm, acting regional administrator for OSHA in Kansas City. "OSHA is committed to ensuring safe work practices to prevent endangering the safety and health of workers on the job."
As a result of the investigation, Heartland Midwest, LLC, faces proposed penalties of $161,000 and has been placed in OSHA's Severe Violator Enforcement Program. OSHA's SVEP focuses on recalcitrant employers that endanger workers by committing willful, repeat, or failure-to-abate violations. Under the program, OSHA may inspect any of the employer's facilities if it has reasonable grounds to believe there are similar violations.
Heartland Midwest was also cited for three serious violations including failing to ensure workers were qualified, through training or experience, to operate a horizontal directional drill machine and its related equipment; instruct workers in the recognition, avoidance and/or elimination of unsafe hazards of buried utility lines and/or pipelines; and prevent a worker from smoking in the vicinity of an uncontrolled natural gas release, following the breaching of a natural gas pipeline.
The plan did not designate and train workers to assist in a safe and orderly evacuation, nor did it have a procedure to account for and protect workers following an evacuation due to an emergency, such as an explosion or fire.
A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.
The gas line was owned and operated by Missouri Gas Energy. OSHA's inspection was initially opened regarding MGE. However, it was determined that the Missouri Public Safety Commission executed jurisdictional authority over MGE. OSHA and MPSC collaborated during the inspection process. That collaboration included joint investigative activities and witness interviews. The MPSC initial report is expected to be completed and released in September.
Heartland Midwest, LLC, is a contracting company primarily involved in the installation and alteration of underground communication utilities, using standard excavation and trenching techniques, as well as underground directional boring methods. The company, which began operations in 2003, is headquartered in Olathe, Kansas, with a second facility in Oklahoma. It employs approximately 120 workers, with 78 workers in its Olathe facility.
JJ's Restaurant was a fine dining establishment in Kansas City. The restaurant was in business for approximately 30 years and employed 18 individuals at the time of the incident. There is no indication as to whether the restaurant will be rebuilt. No customers were injured in the explosion.
OSHA Cites Pretty Girl Inc. for Exit Access, Electrical, and Sanitary/Housekeeping Violations
Pretty Girl, Inc., the Brooklyn-based women's apparel chain, has been cited by OSHA for exit access, electrical, sanitary and housekeeping hazards at its 441 Knickerbocker Ave. store in Brooklyn. It faces $43,890 in proposed fines.
OSHA's Manhattan Area Office began its inspection on May 1, after the company failed to respond to inquiries about allegations of unsanitary conditions and housekeeping hazards at the store. The inspection found workers exposed to backed-up sewage in the basement storage area; tripping hazards from haphazardly stored boxes, bags, and merchandise; and to falling pieces from a drop ceiling. This resulted in the issuance of one repeat citation with a $7,700 fine. Similar hazards were cited in 2011 at its 203 E. Fordham Road store in the Bronx.
The exit access hazards at the Brooklyn store include an exit aisle, from the basement storage area, that was too narrow; nonworking exit lighting; and missing exit signs. Other hazards found include the lack of an emergency action plan for fire extinguisher use, uninspected and unmounted fire extinguishers and electrical hazards. These conditions resulted in the issuance of eight serious violations with $35,420 in fines. The store was also issued one other-than-serious citation with a $770 fine for not maintaining an OSHA 300 illness and injury log.
"A retail store may not seem like an inherently dangerous place to work, but the conditions found here place employees at risk of being unable to exit the store swiftly in the event of an emergency, electric shock, illness, struck-by injuries, and burns," said Kay Gee, OSHA's area director for Brooklyn, Manhattan and Queens. "The pattern of recurring housekeeping violations is disturbing. This employer needs to examine conditions at all its stores and take effective action to help ensure the safety and well-being of its employees."
