OSHA has issued citations to E.N. Range Inc., in Miami, Florida, alleging the company knowingly neglected to protect employees who clean gun ranges from serious overexposure to lead. E. N. Range also provided, without medical supervision, non-FDA-approved treatments for lead exposure. The company was cited for more than 50 violations of the lead standard and others, with total proposed penalties of $2,099,600.
“This company was well aware of what it needed to do to protect its workers from a well known hazard. It not only failed to provide that protection, it misled employees—most of whom had limited knowledge of English—into believing that it was providing them with appropriate medical treatment,” said Secretary of Labor Hilda L. Solis. “Such a blatant disregard for the health of workers will not be tolerated under this administration.”
E.N. Range has been cited for 42 willful and serious violations of the lead standard with proposed penalties of $1,884,000. OSHA’s lead standard requires employers to protect their workers from lead exposure which can cause many serious health issues including brain damage, paralysis, kidney disease, and even death.
OSHA’s lead standard also addresses the use of chelating agents, which are medicines intended to reduce blood lead levels that can have significant adverse side effects. The standard prohibits the use of these agents prophylactically, and permits their therapeutic use only under the supervision of a physician in an appropriate clinical setting. Willful citations were issued alleging that E.N. Range violated this provision by giving its workers non-FDA-approved chelating agents without medical supervision.
“This is an egregious situation where the employer deliberately refused to provide the necessary protections to keep workers safe from overexposure to lead,” said Assistant Secretary of Labor for OSHA Dr. David Michaels. “The company even knew its workers suffered from lead poisoning, yet avoided proper medical attention in favor of providing an unapproved and potentially unsafe treatment.”
The citations allege that E.N. Range did not use engineering controls to prevent overexposure to lead, perform air sampling to determine the extent of its workers’ exposure, provide showers for workers who had been exposed to lead, or provide blood testing to exposed workers every six months, all of which are required by the lead standard.
The company was also found in violation of the respiratory protection standard for failing to provide medical evaluations and fit testing for respirators. Additionally, the company is being cited for failing to abate a previously-cited violation discovered during an inspection in February 2009. That failure-to-abate notice charges that the employer had neglected to implement a job rotation schedule to reduce lead exposures. The company is also being cited for additional serious violations, including a spliced electrical cable, and failure to ensure the blades of a box fan were adequately guarded.
A willful violation is one committed with plain indifference to or intentional disregard for employees’ safety and health. A serious citation is issued 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. Two other-than-serious violations have been issued with no penalty for failing to label bags used to dispose of contaminated clothing.
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OSHA Seeks Your Input on Identifying the Top Chemicals of Concern
Setting and enforcing Permissible Exposure Limits (PELs) have been fundamental components of OSHA’s approach to preventing occupational illnesses and injuries since the Agency was established in 1970 by the Occupational Safety and Health Act. Unfortunately, most of OSHA’s PELs that were adopted when the Agency was first created have remained unchanged. Meanwhile, science has moved forward and health data indicate hazards below the levels permitted by many OSHA PELs. Like the occupational health community at large, OSHA realizes the inadequacy of many of its PELs and is seeking creative solutions, both long term and short term, to address this inadequacy.
As an initial step, OSHA is looking for your input to help the Agency identify the chemicals of concern on which the agency can focus our initial efforts beyond those which OSHA is already addressing through ongoing rulemaking. You can nominate those chemicals for which the existing PEL is particularly inadequate or for which OSHA has no standard at all, and that are putting workers at risk for occupational illness. When nominating a particular chemical, OSHA is asking you to include the criteria you used for selecting that chemical for nomination (e.g., the OSHA PEL is inadequate, there is widespread use of the chemical and potential worker exposure).
CSB Conducting Assessment of Ammonia Release at Millard Refrigerated Services South of Mobile, Alabama
A three-member assessment team led by Mr. Johnnie Banks from the U.S. Chemical Safety Board (CSB) has deploying to the scene an anhydrous ammonia release at the Millard Refrigerated Services, a warehouse and distribution center in Theodore, Alabama, 15 miles south of Mobile.
The release occurred on Monday, August 23, 2010. According to media reports, more than 130 members of the public sought medical attention and four people were hospitalized as a result of the uncontrolled ammonia release.
CSB Chairperson Rafael Moure-Eraso said, “We are seeing too many ammonia releases in our daily incident reviews. Though many are “small” releases, a high consequence accident that causes multiple injuries to members of the public is a serious one that warrants our examination. Our team will be examining the events that led to the release and ways that the community can be better protected in the future.”
Anhydrous ammonia is one of the most commonly used commercial refrigerants; it is a colorless, flammable, toxic gas. For humans, high exposure levels can result in suffocation as well as severe injuries to eyes, lungs, and the digestive system.
Based on the CSB’s monitoring of media reports there were four high consequence incidents involving the release of anhydrous ammonia which led to a total of six fatalities in 2009:
- May 14, 2009: American Cold Storage, Louisville, Kentucky – 2 fatalities
- June 20, 2009: Mountaire Farms, Lumber Bridge, North Carolina – 1 fatality
- July 15, 2009: Tanner Industries, Swansea, South Carolina – 1 fatality
- November 16, 2009: CF Industries, Rosemount, Minnesota – 2 fatalities
The CSB is an independent federal agency charged with investigating serious chemical accidents. The agency’s board members are appointed by the president and confirmed by the Senate. CSB investigations look into all aspects of chemical accidents, including physical causes such as equipment failure as well as inadequacies in regulations, industry standards, and safety management systems.
Indiana Occupational Fatalities Report
The state reported 123 fatal occupational injuries, the lowest experienced since the report was introduced in 1991 and 20 fewer deaths than in 2008.
“Fewer work-related fatalities is welcome news,” said Lori A. Torres, Commissioner of the Indiana Department of Labor. “The number of fatal workplace incidents in Indiana has been trending down over the past five years. Fewer workers, however, due to the national recession also likely contributed to the decline in 2009.”
No major Indiana industry saw an increase in fatalities from 2008 to 2009. Agriculture reported the highest number of work-related fatalities (23). The majority of agriculture fatalities involved accidents with tractors and other harvesting machinery. For the fourth year in a row Construction fatalities declined, but it remains the second deadliest industry along with Transportation and Warehousing with 17 fatalities each. Retail (-38%) and Manufacturing (-22%) reported the largest percentage decrease of fatal injuries.
The top causes of occupational fatality in 2009 included highway accidents (25), falls (20) and assaults & violent acts (20). Overall, about one-third of all work-related fatalities experienced in 2009 were transportation-related events, which includes highway accidents (25), employees struck by vehicles (8) and accidents involving vehicles in non-highway settings (13). Falls were predominantly from a non-moving vehicle (6), ladder (5) or stairs (3). Assaults & violent acts fatalities include workplace homicide (10) and suicide (9).
Details pertaining to non-fatal occupational injuries and illnesses for 2009 will be released in October 2010.
OSHA Cites Asphalt Paving Specialists for Willful and Serious Violations
OSHA cited Asphalt Paving Specialists Inc., for alleged safety violations resulting in an employee being injured at its Davie, Florida, worksite in March. Penalties total $62,200.
The incident occurred when an employee operating a tractor struck another worker who was digging a shallow ditch. The injured worker was hospitalized and has since returned to work.
Asphalt Paving Specialists, based in Hollywood, Florida, is receiving one willful citation with a proposed penalty of $49,000 for failing to provide a reverse signal alarm on the equipment that struck and pinned the employee while backing up. The tractor has not had an operational reverse signal for approximately two years.
The company also has been cited with 10 serious violations and proposed penalties of $13,200 for failing to train workers in the recognition and avoidance of hazards. Other violations include a lack of eye protection while working near chemicals; exposing workers to accumulation of materials that could result in tripping, fire, or an explosion; failing to provide a fire extinguisher within 50 feet of flammable and combustible material; operating trucks with inoperative safety devices; and failing to develop or maintain a hazard communications program.
“It’s time employers realize that OSHA will not tolerate a company’s work ethic where profit is placed ahead of worker safety. OSHA will aggressively identify these employers, cite them for unsafe working environments, and hold them responsible for their workers’ safety,” said Darlene Fossum, OSHA’s area director in Fort Lauderdale.
Washington Penn Plastic Earns OSHA Star for Workplace Safety
OSHA has certified Washington Penn Plastic-Arden Division as a star site, the highest honor in its Voluntary Protection Programs.
OSHA Deputy Regional Administrator Ed Selker and Pittsburgh Area Office Director Robert Szymanski represented OSHA at a ceremony held at the company’s office in Washington, Pennsylvania.
“Washington Penn Plastic has demonstrated its commitment to ensuring employee safety and health by maintaining an injury and illness rate 48 percent below comparable industry rates,” said Selker.
Washington Penn Plastic is the largest compounder of custom polyolefins in North America. The Arden Division supplies compounded products for automotive, consumer, and industrial applications.
OSHA’s recognition programs include the VPP for employers and employees that have implemented exemplary workplace safety and health management systems. In the VPP, management, labor, and OSHA work cooperatively and proactively to prevent injuries, illnesses, and workplace hazards. As part of attaining VPP status, employers must demonstrate management commitment to the safety and health of their employees and actively involve employees in the safety and health management system.
CSB Final Report on Xcel Energy Accident Finds Company and its Contractor Failed to Adequately Prepare for Hazardous Work
The U.S. Chemical Safety Board (CSB) has determined tragic accident that took the lives of five industrial painting contractors deep inside an Xcel Energy hydroelectric plant tunnel in Georgetown, Colorado, was the result of several vital safety failures.
Nationally, the investigation identified 53 serious flammable atmosphere confined space accidents that occurred from 1993 to April 2010, causing 45 fatalities and 54 injuries, the majority since 2001.
The accident occurred in the water tunnel, or penstock, of the hydroelectric plant, located 45 miles west of Denver. The penstock carries water from an upper reservoir to a lower one, driving power turbines. The painting contractors, from RPI Coating, Inc., were recoating a 1,530-foot steel portion of the 4,300-foot penstock when a flash fire suddenly erupted as the vapor from flammable solvent, used to clean the epoxy spraying wands, ignited, probably from a static spark in the vicinity of the spraying machine. The initial fire quickly grew, igniting additional buckets of the solvent, methyl ethyl ketone (MEK), and other combustible epoxy materials stored nearby.
The CSB concluded the causes of the accident included 1) a lack of planning and training for hazardous work by Xcel and its contractor, RPI Coating, Inc., 2) Xcel’s selection of RPI despite its having the lowest possible safety rating (zero) among competing contractors, and 3) allowing volatile flammable liquids to be introduced into a permit-required confined space without necessary special precautions.
The LEL is the concentration of vapor in air below which ignition will not occur.
OSHA’s rule does state that an atmosphere exceeding 10% of the LEL creates an atmosphere “immediately dangerous to life and health” and that steps should be taken to define safe entry conditions; however, the rule does not define what those safe entry conditions should be or specifically prohibit entry into such hazardous atmospheres, the report notes. The CSB recommended OSHA establish a fixed maximum percentage of the LEL for entry so that work in potentially flammable atmospheres would be prohibited.
The Board made recommendations to the company, the governor of Colorado, the Colorado Public Utilities Commission, trade groups, and other organizations.
CSB Board Member William B. Wark said, “This tragedy should never have happened. The companies did not effectively plan for the dangers of bringing significant amounts of flammable liquids into the tunnel, which was a hazardous confined space. Doing so was an unacceptable deviation from good safety practices.”
There were ten workers in the tunnel and one at the entrance at the time of the fire. Five were unable to get around the fire on the painting platform to get to the only available exit—the improvised tunnel entrance. Five workers on the other side of the platform made it to safety, although three of those workers sustained injuries.
The CSB found that Xcel and RPI failed to have technically-qualified confined space rescue crews immediately standing by at the penstock in case of emergency, as required by regulations. Workers called 911 for help but responders entering the penstock had to retreat in the thick smoke, as did workers who had approached the fire with extinguishers.
The closest confined space technical rescue unit—equipped and trained to enter the smoke-filled tunnel—was approximately one hour and 15 minutes away. The trapped workers died about one hour before this response unit arrived, their escape blocked by a steep vertical section of the tunnel deep inside the mountain.
CSB Investigations Supervisor Don Holmstrom, who led the investigation, said, “The five trapped workers communicated with co-workers and emergency responders using handheld radios for approximately 45 minutes, desperately calling for help, before succumbing to smoke inhalation. Their lives likely could have been saved had qualified, company-provided rescuers been in a position to respond immediately to a fire or other emergency.”
Board Member Mark Griffon, joining Mr. Wark and Mr. Holmstrom at the news conference, said, “Even before the operation began, the stage was set for disaster. Xcel not only did not adequately plan for the operation, but it selected the painting contractor with the lowest possible safety rating among the bidders, and it did so mostly on the basis of cost—it was the lowest bid.”
The investigation found that Xcel hoped to compensate for RPI’s safety record by closely supervising the contract work, but did not do so even when the company learned of safety issues during the initial penstock work.
The CSB investigation found Xcel and RPI managers were aware of the plan to operate the epoxy sprayer in the tunnel and to use flammable solvent to clean the sprayer and other equipment.
Mr. Holmstrom said, “As a result of not performing a hazard evaluation of the work to be done, the companies failed to identify serious safety hazards involving use of flammable liquids within the confined space. Use of safer, nonflammable solvents was not evaluated, continuous air monitoring was not required, and key policies and permit forms did not establish a percentage limit for flammable vapor in the tunnel atmosphere.”
Board Member Wark noted the lack of planning for escape in an emergency. “The penstock had only one egress point—the tunnel entrance,” he said. “Xcel and RPI did actually identify this as a major concern in their planning. But despite this, no plans were made for prompt rescue in an emergency, and no rescuers qualified to enter this confined-space environment were standing by.”
The CSB investigation determined that while companies are required to perform a hazard analysis prior to issuing permits for work in confined spaces, regulatory standards pertaining to the use of flammables within confined spaces are inadequate.
Board Member Griffon stated, “Other OSHA regulations on confined and enclosed spaces—for example in the maritime industry and other sectors—prohibit work in such confined spaces above a specific percentage of the LEL, often ten percent. We are recommending that OSHA adopt such enforceable limits for all industry.”
The CSB recommended that OSHA amend its confined space rule to establish a maximum percentage substantially below the lower explosive limit for any given flammable for safe entry and occupancy while working.
The CSB made recommendations to nine other entities. These included that the governor implement an accredited firefighter certification program for technical rescue with specialty areas including confined space rescue; that the Colorado Public Utilities Commission (PUC) require regulated utilities to adopt provisions for selecting contractors based on safety performance measures and qualifications; and that the PUC require utilities to investigate all incidents resulting in death, serious injury, or significant property damage and submit and make public written findings and recommendations within one year of the accident.
Numerous recommendations were made to RPI Coating, particularly aimed at revising its confined space entry program and guidance.
CSB investigators and board members cited difficulties encountered in the investigation resulting from efforts by Xcel Energy and RPI Coating to impede the investigation and prevent the release of the investigation report.
The letter, signed by CSB Chairperson Rafael Moure-Eraso, states Xcel Energy did not fully comply with CSB requests for documents or answers to questions in formal interrogatories. This required the CSB to seek assistance from the U.S. Attorney’s office in Denver, resulting in delays to the investigation and additional costs to taxpayers. In May, Xcel took the extraordinary and unprecedented step of going to federal court seeking to block release of the CSB report and the safety video. The court sided with the CSB in favor of release.
Xcel was given an advanced draft copy of the report last April for review for accuracy and for confidential business information in accordance with CSB review protocols. Xcel never responded, but in August 2010, contrary to the conditions of confidentiality attached to their receiving this preliminary copy, released it to a news organization.
The letter from Chairperson Moure to Xcel’s CEO concludes, “In light of this disappointing pattern of corporate conduct, I am writing you directly to ensure that you are personally aware of the actions taken by Xcel to delay the CSB investigation, block publication of the CSB final report, and distort the conclusions of the investigation by releasing an unauthorized draft copy of the CSB report. The CSB will issue a formal recommendation that Xcel shareholders be directly notified by management of the significant findings and recommendations of the CSB report, and of the actions Xcel management intends to take to implement needed safety improvements. In the wake of the corporate responsibility concerns raised by the Big Branch Mine accident in West Virginia and the disaster in the Gulf of Mexico, I strongly urge Xcel to renew its focus on safety and to swiftly implement the CSB’s recommendations.”
OSHA Fines Walter Coke Inc. $171,500 for Safety Violations
OSHA is proposing $171,500 in penalties against Walter Coke Inc., of Birmingham for exposing workers to a variety of safety violations.
The February inspection was initiated based on the 2009 Site-Specific Targeting program, which directs enforcement resources to those workplaces where the highest rates of injuries and illness have occurred.
“Prior to this inspection, the company was made aware of what needed to be addressed to protect its workers from injury, but management did not act and continues to put employees at risk,” said Roberto Sanchez, OSHA’s area director in Birmingham. “Managers should not wait any longer to implement OSHA standards to protect their employees.”
The company is being cited with three repeat violations carrying proposed penalties of $99,000. The employer failed to complete annual inspections of the lockout/tagout procedures for energy control, and to provide proper machine guarding to protect the operator and other workers from rotating parts, flying chips, and sparks. A repeat violation is issued when an employer previously was cited for the same or similar violation of any standard, regulation, rule, or order at any other facility in federal enforcement states within the last three years.
The employer also is being cited with 27 serious safety violations carrying $72,500 in proposed penalties. These violations include fall and trip hazards, blocked fire extinguishers exposing workers to fire risks, lack of proper railings around stairs and floor openings, failing to provide an emergency shut-off for dispensing gasoline, confined space deficiencies, toxic chemical storage, and poor housekeeping.
$70,000 Penalty for Worker Exposure to Noise, Other Workplace Hazards
OSHA has cited Quality Engineered Steels LLC, doing business as West Virginia Cold Drawn, for a multitude of workplace safety and health violations including noise and respiratory hazards at its Point Pleasant, West Virginia, facility. Proposed penalties total $69,250.
OSHA initiated an inspection on Februar 23, as part of a national emphasis program on amputations. As a result, the steel bar manufacturer was cited for 35 serious violations with a penalty of $67,250, and four other-than-serious violations with a penalty of $2,000.
“Inspectors identified a long list of hazards compromising the company’s ability to provide a safe and healthy work environment for its employees, and those issues should be corrected immediately,” said Prentice Cline, director of OSHA’s Charleston Area Office in West Virginia.
The serious violations address hazards associated with personal protective equipment, powered industrial trucks, cranes and slings, machine guarding, compressed gas cylinders, improper guarding of open-sided floors and stairways, an inadequate respiratory protection program, inadequate control of potentially hazardous energy sources, and failure to develop or implement a hazard communication program. Other-than-serious citations were issued for recordkeeping deficiencies.
OSHA Fines Bridon American Corp. $156,000 for Workplace Safety Hazards
OSHA has cited Bridon American Corp., for workplace safety and health hazards at its Exeter facility. Proposed penalties total $156,000.
The citations and penalties stem from a February OSHA investigation conducted as part of a local emphasis program on amputations.
“Employers are legally responsible for ensuring a safe workplace for their employees, and OSHA is committed to holding them accountable,” said Mark Stelmack, director of OSHA’s area office in Wilkes Barre, Pennsylvania.
As a result of the investigation, OSHA has cited the company with six repeat violations carrying a penalty of $127,500 for inadequate lockout/tagout procedures for energy sources, unguarded machinery and electrical hazards.
Seven serious citations with a penalty of $28,500 also have been issued. These are for unguarded machinery, inadequate lockout/tagout procedures for energy sources and fall hazards.
Bridon American Corp., has 166 employees and manufactures wire rope for the maritime, transportation, and construction industries.
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