OSHA has cited St. Louis, Missouri-based G.S. Robins & Co., doing business as Ro-Corp Inc., for alleged willful, repeat, and serious violations of federal workplace safety standards, proposing more than $1.2 million in penalties for numerous violations relating to the handling of hazardous chemicals at the company's facility in East St. Louis.
OSHA began an inspection at the East St. Louis site after learning that employees had been admitted to several local hospitals after being contaminated with an unknown powder. OSHA later learned that the eight hospitalized individuals were exposed to the chemical para-nitroaniline (PNA), a poison that causes methemoglobinemia, resulting in the reduction of the blood's ability to transport oxygen. The employees had been performing a chemical transfer operation at the East St. Louis worksite when chemical dust was released, settling on work surfaces and the employees.
"There are means available to safely handle deadly chemicals such as this, and those means were ignored," said Deputy Assistant Secretary of Labor for OSHA, Donald G. Shalhoub. "Those who ignore safe practices and OSHA regulations are inviting tragedy into the lives of their employees and their families, and this cannot be tolerated."
PNA is highly toxic and can be fatal if swallowed, inhaled, or absorbed through the skin. All the employees exposed showed ill effects from their exposure and recovered after treatment.
As a result of its investigation, OSHA issued 21 willful citations, 20 of which were cited on a per-instance basis, relating to eight instances of failing to provide employees with the correct personal protective equipment (PPE) for transferring PNA; four instances of failing to provide training on the use of PPE and on working with hazardous chemicals; three instances of failing to provide PPE training and training on specific PNA-transfer procedures; and five instances of failing to fit-test employees using respirators.
OSHA also issued a repeat citation for failing to provide an eyewash/shower in corrosive chemicals areas, and an additional 16 serious citations for hazards associated with the transfer of PNA and other workplace practices. OSHA defines a willful violation as one committed with intentional disregard of or plain indifference to the requirements of the Occupational Safety and Health Act. Repeat violations are issued when an employer has been previously cited for the same, or a substantially similar, violation within three years of the final order date.
$700,000 Penalty for Trenching Violations
OSHA has cited A-1 Excavating Inc., of Bloomer, Wisconsin, for alleged willful violations of federal workplace safety standards and has proposed nearly $700,000 in penalties for numerous life-threatening violations at a trenching operation in Weston, Wisconsin.
In September 2008, OSHA opened an inspection at the excavation jobsite after an agency inspector observed employees exposed to cave-in hazards while working in an 8-foot-deep, unprotected trench. As a result of the inspection, OSHA issued six instance-by-instance willful citations to the company for failing to protect employees from cave-in hazards and five instance-by-instance willful citations for failing to set excavated material at least two feet or more from the edge of the excavation.
“It has long been known that cave-in fatalities are entirely preventable,” said Deputy Assistant Secretary of Labor for OSHA Donald Shalhoub. “Any employer who is involved in trenching and excavation can avoid such terrible tragedies by following OSHA’s clear regulations. Those who ignore safe practices and OSHA regulations are inviting tragedy into the lives of their employees and their families.”
A-1 Excavating has received 38 OSHA citations since 1982, including at least eight citations for hazards associated with potential cave-ins and seven citations for having the spoil pile too close to the trench edge.
The company has 15 business days from receipt of the citations to comply, request an informal conference with OSHA’s area director in Appleton, Wisconsin, or contest the citations and penalties before the independent Occupational Safety and Health Review Commission.
OSHA Awards Whistleblower $400,000 for Raising Safety Concerns
OSHA has ordered Southern Air Inc., a cargo airline headquartered in Norwalk, Connecticut, to pay more than $400,000 in lost wages, back pay, damages, and legal fees to compensate a flight crew member who was terminated for raising safety concerns protected under the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21).
The employee was terminated in April 2008 after complaining twice to management about inadequate rest breaks and being required to work hours in excess of those allowed under Federal Aviation Administration (FAA) rules. The employee then filed a whistleblower complaint with OSHA’s Boston Regional Office.
OSHA’s investigation found merit to the complaint, and the agency has issued a Notice of Secretary’s Findings and Preliminary Order to Southern Air that directs the air carrier to pay the complainant $300,000 for loss of career wages, $135,240 in compensatory damages, $7,394 in attorney’s fees and back pay of $1,485 per week, plus interest, from April 7, 2008, through the date of payment. The company is also ordered to post the FAA whistleblower poster and an OSHA notice to employees about their whistleblower rights.
“Employees have a strong and clear right to raise legitimate safety and health concerns about their working conditions without fear of termination or reprisal,” said Marthe Kent, OSHA’s New England regional administrator. “We will pursue the appropriate legal remedies whenever we find that workers have been denied this vital safeguard.”
Both the complainant and the airline have 30 days from receipt of the findings to file an appeal with the Labor Department’s Office of Administrative Law Judges.
In addition to AIR21, OSHA administers the whistleblower provisions of the Occupational Safety and Health Act and other statutes protecting employees who report violations of various securities, trucking, airline, nuclear power, pipeline, environmental, rail, public transportation and consumer product safety laws.
Brian Karnofsky Jailed for Muscular Dystrophy
Brian has been arrested and will be put in jail for the Muscular Dystrophy Association (MDA) lock-up. We need to collect $2,000 for the MDA to help bail him out. Your tax deductible donation will help MDA continue research into the causes and cures for 43 neuromuscular diseases.
If you enjoy reading the Safety Tip of the Week, now is the time to help us give hope to kids and families that need our help.
Brian is the President of Environmental Resource Center. Many of you helped bail him out in 2007 and 2008, but he’s on his way back to jail this year. Don’t bother asking what crimes he’s committed—just know that we need your help bailing him out.
$273,000 Fine Issued for Failing to Protect Contract Employees from Asbestos Hazards
OSHA has cited Blackstone Business Enterprises Inc., of Jamestown, New York, for failing to protect contract employees against asbestos hazards. The sheet metal and structural steel fabricator faces $273,000 in proposed fines for failing to provide required safeguards for temporary employees who were hired to remove asbestos-containing insulation from steam pipes at the company’s Blackstone Avenue plant.
“The sizable fines proposed here reflect the fact that this company knew several of these critical safeguards were necessary yet chose not to provide them,” said Arthur Dube, OSHA’s area director in Buffalo. “Inhalation of asbestos fibers by workers may lead to lung disease and other disorders. That is why it is essential that effective protective measures be in place and in use whenever necessary. One means of identifying and preventing hazards such as these is to develop and maintain an effective safety and health management system.”
Specifically, Blackstone did not perform air monitoring to determine the level of asbestos exposure nor did it provide workers with respirators, protective clothing, or asbestos training. These conditions resulted in four willful citations and $224,000 in proposed fines.
The company also has been issued 14 serious citations, with $49,000 in fines, for failing to determine the presence, location, and quantity of asbestos-containing material; establish a regulated work area; properly clean and dispose of asbestos-containing material and contaminated clothing; inform employees and tenants of the asbestos removal; label asbestos-containing insulation and trash bags; and have the work overseen by a competent person.
OSHA Proposes More than $192,000 in Penalties after Inspecting NTN-Bower’s Plant in Hamilton, Alabama
OSHA is proposing $192,350 in penalties after an inspection at NTN-Bower’s manufacturing plant in Hamilton, Alabama, revealed 36 safety and health violations.
The plant’s owner, NTN-Bower Corp., is being cited with one willful and 31 serious violations, while Advanced Technology Services, which provides maintenance support at the facility, is receiving four citations for serious safety violations. OSHA is proposing $172,350 in penalties for NTN-Bower and an additional $20,000 in penalties for Advanced Technology Services Inc.
NTN-Bower’s one willful citation, which carries a $63,000 penalty, is for not enforcing the company’s lockout/tagout procedures to prevent accidental start-up of machinery. The 31 serious violations address inadequacies in training employees, deficiencies in clothing and equipment needed for fighting fires, inadequate and missing machine guards, inadequate labeling of chemicals, and electrical deficiencies.
Advanced Technology Services is being cited for not providing appropriate protective equipment to employees, failing to adequately train employees to fight fires, and not ensuring that employees were capable of firefighting duties. Part of Advanced Technology’s contract with NTN-Bower includes responsibility for responding to fires at this location.
OSHA Fines Precision Industrial Maintenance Inc. $56,000 for Confined Space Hazards that Led to the Death of an Employee
OSHA has cited Precision Industrial Maintenance Inc., for alleged willful and serious violations of safety and health standards after an employee was fatally overcome by vapors while inside a tanker truck. The Schenectady, New York, environmental and industrial maintenance company was cited following an August 2008 OSHA inspection.
“These citations encompass health and safety hazards associated with work in permit-required confined spaces, such as this one,” said Edward Jerome, OSHA’s area director in Albany. “These conditions must be addressed promptly and effectively. Left uncorrected, they expose employees to the potential hazard of asphyxia, which can be fatal.”
OSHA has issued the company one willful citation, with a $35,000 proposed fine, for not providing employees with confined space rescue training at least every 12 months. Five serious citations, carrying $21,000 in fines, were issued for the company’s failure to test conditions in confined spaces before entry, not completing required entry permits, not providing confined space training to employees, not evaluating rescue services for employees entering confined spaces, and lack of confined space warning signs.
The company, which faces a total of $56,000 in fines, has 15 business days from receipt of its citations and fines to contest them before the independent Occupational Safety and Health Review Commission. This inspection was conducted by OSHA’s Albany Area Office.
OSHA Proposes More than $41,000 in Fines Against Great Lakes Sauerkraut Co.
OSHA has cited Great Lakes Sauerkraut Co. LLC, with $41,400 in proposed fines following inspections conducted under OSHA’s Site Specific Targeting Plan. OSHA cited the Shortsville, New York company with 16 alleged serious violations of safety and health standards at its manufacturing facility.
“These citations encompass a cross-section of mechanical, electrical, fall, noise, confined space and other hazards that should have been addressed prior to the inspection,” said Christopher Adams, OSHA’s area director in Syracuse.
Specifically, OSHA’s inspection found numerous instances of unguarded moving machine parts not guarded against accidental employee contact, lack of a hazardous energy control program, and lack of training and equipment to prevent the accidental startup of machinery; unguarded live electrical parts; improper storage of compressed gas cylinders; and fall hazards stemming from a lack of fall protection, inadequate ladder safety, uncovered floor openings, and unguarded open-sided work platforms and stairways. Additional hazards included the lack of a confined space training program for employees whose duties involve entering sauerkraut tanks, lack of a hearing conservation program for employees exposed to excessive noise levels, and lack of training in fire extinguisher use and hazards associated with incipient stage fire fighting.
Great Lakes Sauerkraut has 15 business days from receipt of the citations and proposed penalties to comply or contest them to the independent Occupational Safety and Health Review Commission. This inspection was conducted by OSHA’s Syracuse Area Office.
OSHA Establishes Alliance with Minneapolis-based American Warehouse Systems
OSHA’s Eau Claire, Wisconsin Area Office and American Warehouse Systems in Minneapolis, a registered contractor with the federal government, will take steps to reduce and prevent injuries and illnesses in the warehouse industry through an alliance agreement.
“This alliance seeks to reach employees and employers at all levels, and provide them with the knowledge and ability to anticipate, identify and eliminate work-related hazards in warehousing,” said Mark Hysell, OSHA’s area director in Eau Claire.
The alliance partners will work together to develop and distribute safety and health training materials for warehousing to enable employers and employees to implement and follow best practice standards and guidelines. OSHA and American Warehouse Systems will promote these materials at conferences, meetings, and other local events as well as through their individual websites and other media.
Alliances are a means for participating organizations to network with others committed to workplace safety and health in order to exchange information about hazards in the workplace. OSHA currently has more than 470 alliances throughout the nation.
March 11 Connecticut-OSHA Workshop will Address Construction Site Safety
Proper preparation and taking adequate safety precautions are the basic safety requirements for every construction worker. Recognizing possible hazards that can hinder a job will be explored at a March 11 “Construction Site Safety” workshop offered by the Connecticut Labor Department’s Division of Occupational Safety and Health (CONN-OSHA). The workshop will be from 9 a.m. until noon at the Labor Department’s Wethersfield Central Office.
“Knowing how to properly protect yourself and realizing what to look out when working in this profession can literally mean the difference between life and death,” notes John Able, the CONN-OSHA Occupational Safety Training Specialist and Certified Safety Professional, who will conduct the workshop.
“The goal is to give each person a clear understanding of the hazards that may exist on the job, along with the ability to recognize the dangers,” Able stated. “We will also focus on the knowledge needed to minimize exposure to risky situations through the application of proper safe work procedures.”
Topics to be covered in the workshop include fall protection, addressing scaffolding and ladders, electrical hazards, and trenching safety.
There is no charge for the workshop, but pre-registration is required.
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