$254,000 Fine for Combustible Dust, Respiratory Hazards
The company was cited for willful electrical and equipment violations for failing to provide approved equipment for working near combustible dust. OSHA initiated an inspection in November 2013 after a complaint and found one repeat and five willful violations.
"All-Feed Processing and Packaging continues to demonstrate a complete disregard for the health and safety of its workers by failing to protect them from combustible dust hazards. These can ignite quickly-without warning-and can cause catastrophic damage," said Tom Bielema, OSHA's area director in Peoria. "The employees at All-Feed deserve an employer that cares about their safety, and this company keeps failing to provide that."
Because of the most recent inspection, OSHA has cited the company for five willful violations involving exposing workers to combustible pea flour dust by failing to install a dust collection system with explosion protection. Any combustible material can burn rapidly when in a finely divided form. If such a dust is suspended in the air in the right concentration, under certain conditions, it can become explosive. OSHA also found that electrical equipment and forklifts used by the company were not approved for use in combustible-dust atmospheres. Arcs and sparks from forklifts had the potential to ignite the dust, causing an explosion hazard.
The force from such an explosion can cause employee deaths, injuries, and building destruction. For example, three workers were killed in a 2010 titanium dust explosion in West Virginia, and 14 workers were killed in a 2008 sugar dust explosion in Georgia. The US Chemical Safety and Hazard Investigation Board identified 281 combustible dust incidents between 1980 and 2005 that led to the deaths of 119 workers, 718 injuries, and extensive damage to numerous industrial facilities.
All-Feed was cited for allowing worker exposure to airborne concentrations of dust by failing to implement engineering controls and mandating respiratory protection use to prevent dust particle inhalation and struck by hazards, all willful violations.
A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health.
OSHA issues repeat violations when a company has previously been cited for the same or a similar violation within the last five years. OSHA cited All-Feed for 23 safety and health violations in November 2011, including willful violations of OSHA's air contaminant, respiratory protection, and hearing conservation standards.
OSHA has inspected All-Feed 14 times since 2000, resulting in more than 70 violations.
In early 2012, the US District Court for the Central District of Illinois, Peoria Division, found Galva-based All-Feed in civil contempt of court for failing to allow OSHA to inspect its facility between May 4–July 5, 2011, to monitor employee's eight-hour time-weighted average exposure to airborne dust. After gaining entry to conduct the monitoring, workers were found to be exposed to dust particles in excess of the time-weighted allowance per shift.
EPA’s New Solvent Wipe, Shop Towel Rule Demystified
- Does the rule apply to both cloth and paper wipes and rags?
- What solvents can be on the towels, and which are prohibited?
- Does the rule also apply to towels that contain characteristic hazardous waste?
- Can P or U-listed wastes be on the towels?
- How must the towels be stored on-site?
- Do they need to be tested for anything?
- How long can they be stored?
- How must the containers be marked or labeled?
- How must they be prepared for transportation?
- Where can you ship them and what are the disposal and recycling options?
- What are the documentation requirements?
- How is the new rule impacted by current state regulations?
Safety Tip of the Week recipients can attend for just $99.
Did You Miss OSHA’s December 1 GHS Hazard Communication Training Deadline? Use Environmental Resource Center’s GHS OSHA Hazard Communication Training PowerPoint
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.
OSHA’s December 1, 2013, deadline under the revised Hazard Communication Standard required that all employees at your site who work with, or are exposed to, hazardous chemicals 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 is designed to cover your site’s GHS Hazard Communication training requirements, is in a format that is easy to understand.
Price and options:
Multiple PDF copies can be purchased for $99/copy (1–10), $79/copy (11–20), or $69/copy (21+).
Multiple PowerPoint copies can be purchased for $199/copy (1-10), $179/copy (11-20), or $169/copy (21+).
Options*:
1. 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
2. If you have not updated your hazard communication plan, let Environmental Resource Center update it for you: $799
3. Customized PowerPoint and hazard communication plan: $1600
*Call 800-537-2372 for Spanish pricing.
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 safety data sheets.
Baltimore RCRA, DOT, and IATA/IMO Training
Baton Rouge RCRA and DOT Training
Irvine RCRA and DOT Training
OSHA Says Star Snacks Co. LLC Willfully Exposes Employees to Carbon Monoxide and Noise
The violations include overexposure to dangerous levels of carbon monoxide and noise hazards found at the company's Bayonne manufacturing facility.
"A forklift operator was overexposed to carbon monoxide and hospitalized in 2007, but Star Snacks Co., still doesn't have the necessary safeguards in place to protect its employees from carbon monoxide, noise and other workplace hazards," said Kris Hoffman, director of OSHA's Parsippany Area Office. "This lack of care for employee health is unacceptable."
The willful violations, carrying a $140,000 penalty, were cited because employees were exposed to dangerous levels of carbon monoxide. Overexposure to carbon monoxide can cause dizziness, headache, nausea, vomiting, loss of consciousness, and death.
The serious violations, with a $40,000 penalty, were issued because the company failed to provide employees training in chemical and noise hazards. Other citations were issued for failing to: provide suitable hearing protection; ensure employees who experienced hearing loss were refitted and retrained in the use of hearing protectors; ensure complete recordkeeping of audiometric testing results; provide safe exit routes; and implement a written chemical hazard communication program. 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.
In 2011, the Bureau of Labor Statistics reported more than 20,000 cases of work-related hearing loss.
US Department of Labor Re-establishes Whistleblower Protection Advisory Committee
Through the committee, OSHA obtains advice from whistleblowers and worker advocates, employers and employer representatives, attorneys, experts in investigation and administrative law, academic researchers and others with expertise and experience in relevant areas.
Re-establishing WPAC will allow the committee to provide advice on improving investigative and enforcement processes, training for OSHA investigators, improving the regulations governing OSHA investigations and cooperative activities with federal agencies responsible for areas also covered by OSHA-enforced whistleblower protection statutes. The charter will remain in effect for two years.
Grand Trunk Western Railroad Co. Ordered to Reinstate Employee, Pay over $244,000 in Back Wages
Grand Trunk Western Railroad Co., has been ordered to reinstate a conductor and pay him more than $244,000 in back wages and damages following an investigation by OSHA.
"When employees are disciplined for legally choosing not to conduct work tasks in unsafe environments, worker safety and health are clearly not the company's priority," said Nick Walters, OSHA's regional administrator in Chicago. "Whistleblower protections play an important role in keeping workplaces safe. Workers should never be forced to choose between safe work practices and keeping their job."
Grand Trunk Western Railway, a subsidiary of the Canadian National Railway, has been ordered to pay the conductor $99,324 in back wages and benefits, less applicable employment taxes, $45,000 in compensatory and $100,000 in punitive damages and reasonable attorney's fees.
OSHA's investigation upheld the employee's allegation that the railroad terminated his employment on February 26, 2013, in retaliation for reporting hazardous safety conditions and refusing to complete the dangerous tasks. Operating in dark, foggy conditions during the early morning hours of December 15, 2012, the conductor did not perform a required roll-by inspection of a passing train near the Flint rail yard. The train was stopped on a bridge with a steep incline down to the river, and the conductor felt this was an unsafe location for the inspection.
Following an internal investigative hearing, the railroad removed him from service and accused him of violating the company's policy to inspect passing trains when duties and terrain permit, and subsequently terminated the employee. OSHA's investigation, however, found that the railroad terminated the employee in retaliation for having engaged in protected conduct under the FRSA. The investigation also found that crewmembers of the passing train were not held to the same standard to conduct a roll-by inspection.
Either party in these cases can file an appeal with the department's Office of Administrative Law Judges.
OSHA enforces the whistleblower provisions of the FRSA and 21 other statutes protecting employees who report violations of various airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health care reform, nuclear, pipeline, worker safety, public transportation agency, maritime, and securities laws.
Employers are prohibited from retaliating against employees who raise various protected concerns or provide protected information to the employer or to the government.
Fortune Painting Co. Repeatedly Exposed Workers to Dangerous Lead Levels, Serious Fall Hazards, Fined $159,390
The Lincolnwood-based company has an extensive history of OSHA violations and faces proposed penalties of $159,390 after the most recent investigation. Lead exposure can cause long-term damage to the central nervous, urinary, blood, and reproductive systems.
"Lead is one of the most common health hazards found in industry and is a leading cause of workplace illness. Lead particles are easily transported from work sites on clothing and other materials, so taking precautions to prevent exposure is vitally important to the health of workers and their families," said Angie Loftus, OSHA's area director for Chicago North in Des Plaines. "Fortune Painting has a history of failing to comply with OSHA standards. Repeat violators demonstrate a lack of concern for the safety and health of their workers."
Fortune Painting failed to determine employee exposure to lead before directing workers to remove paint with sanders and scrapers from the Wilmette home, resulting in a willful OSHA violation.
The company was issued seven repeat citations. Repeat violations involved OSHA's respiratory protection standards, such as failing to ensure workers had properly fitted respirators to protect them from lead overexposure and to train them in respiratory use and procedures. Other repeat violations include dry sweeping debris contaminated with lead-based paint, failing to provide dedicated work shoes or disposable coverlets and lack of a clean changing area to prevent the spread of lead contamination.
The company was also cited a repeat violation for failing to protect workers from fall hazards. Falls are the leading cause of death in the construction industry. Last year, nearly 300 workers were fatally injured in construction-related falls nationwide.
Fortune Painting was previously cited for these hazards at job sites in 2008 and 2012. Since 2008, the company has been inspected by OSHA 10 times, resulting in multiple violations.
Fortune Painting was cited for 14 serious violations involving lack of respiratory protection; personal protective equipment, such as safety glasses and clothing; training and administrative controls; and housekeeping practices.
Three additional violations involved failing to implement a lead exposure compliance program, improper use of electrical equipment and failing to provide medical recommendations for each employee's ability to use a respirator.
Kobelco Stewart Bolling Fined $139,000 for Repeatedly Exposing Workers to Amputation
Proposed penalties at the company's Hudson facility total $139,000. OSHA's investigation was initiated following a worker complaint, and the investigation found repeat violations of machine guarding standards, which protect workers from lacerations, caught-in, and amputation hazards.
"Failing to protect workers from dangerous machinery is among the most frequently cited OSHA violations and injuries involving machinery and equipment often result in death or permanent disability," said Howard Eberts, OSHA's area director in Cleveland. "Employers who are cited for repeat violations demonstrate a lack of commitment to employee safety and health."
Three repeat violations were cited for: inadequate lockout/tagout procedures to protect workers who service or maintain machines from moving machinery parts, exposing workers to unguarded equipment and not labeling chemical containers. The company was cited for similar violations in 2011.
Six serious violations involved failing to review lockout/tagout devices annually, storing flammable liquids in an exit path, lack of fire extinguisher training, not identifying and providing the correct chemical resistant gloves to be worn, and failing to train workers on personal protective equipment. An OSHA violation is serious if death or serious physical harm can result from a hazard an employer knew or should have known exists.
Kobelco Stewart Bolling was also cited for four other-than-serious violations involving failing to certify and date the workplace hazard assessment, guard machinery, inspect cranes daily, and maintain a chemical inventory list. 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.
Fairview Contractors Faces $119,350 Fine after Fatal Fall
A 51-year-old roofer fell 17 feet to his death on November 14, 2013, while performing roofing work on condominium at 57 Main St. in Stockbridge, Massachusetts. An investigation by the Springfield Area Office of OSHA found that his employer, Lee-based Fairview Contractors, Inc., failed to provide fall protection and guardrails that would have prevented the fall from occurring.
"This was a needless and avoidable loss of a worker's life. While guardrails and fall arrest systems were present at this work site, they were not used and were thus useless," said Mary Hoye, OSHA's area director for central and western Massachusetts. "Fatalities such as this will stop only when employers supply and ensure the use of effective and legally required fall protection safeguards on all job sites at all times."
OSHA found that the four scaffolds on which the employees worked lacked guardrails and that employees working on the roof and scaffolds lacked fall arrest systems. An additional fall hazard stemmed from a lack of guardrails for walkboards that workers used to access one scaffold from another. Fairview Contractors also failed to train the workers about how to recognize hazards and work safely on scaffolds, roofs, and ladders. As a result of these conditions, OSHA cited Fairview Contractors for two willful violations for the lack of fall protection and five serious violations for the remaining hazards.
The worker's death was one of seven fatal falls in Massachusetts' construction industry in 2012, according to the Bureau of Labor Statistics. Falls are the leading cause of death in construction work, yet they are also among the types of hazards that are the most easily identifiable and eliminated.
To raise awareness of fall hazards and safeguards, a National Safety Stand-Down to prevent falls in construction will be conducted from June 2 to June 6. This is a voluntary event in which employers talk directly to their employees about fall hazards and reinforce the importance of fall prevention. Participating employers will stop their work and provide a focused toolbox talk on a safety topic, such as ladder safety, fall protection equipment or scaffold safety. OSHA is encouraging employers and workers to participate.
"For the sake of their employees' safety and well-being, we're asking employers in New England to take a few minutes to focus on preventing this deadly hazard."
Fairview Contractors faces a total of $119,350 in proposed fines.
Repeated, Serious Violations Land Andover Healthcare $93,200 in Fines
Workers at a Salisbury, MA manufacturing plant were at risk of being caught in machinery or crushed, based on findings in an inspection by OSHA. Andover Healthcare, Inc., a maker of coated fabrics and adhesives for the health care industry, faces $93,200 in proposed fines for two repeat and seven serious violations.
OSHA cited Andover Healthcare for similar hazards after a 2010 inspection and the company received two repeat violations for these recurring hazards, with $65,000 in fines.
"It's vital that employers develop and implement adequate lockout/tagout procedures to protect workers from moving machine parts during servicing and maintenance," said Jeffery Erskine, OSHA's area director for Middlesex and Essex counties. "Failure to do so places employees at risk of being caught in or crushed by machinery if it turns on during service or maintenance."
OSHA found workers exposed to struck-by and crushing hazards from damaged or insecurely anchored steel storage racks and an unmarked crane lift. Additional hazards included unguarded machinery, a defective power cord, and obstructed exit access. These conditions resulted in citations for seven serious violations, with $26,200 in fines.
Blue Ridge Manufacturing Fined $64,400 for Serious Safety Violations
Blue Ridge Manufacturing, LLC, was cited by OSHA for 20 serious safety and health violations for exposing workers to safety hazards following an inspection at the company's truck body manufacturing facility in Blue Ridge. The agency initiated the March 2014 inspection because of a complaint. Penalties total $64,400.
"Employees working at this company are facing hazards, such as unguarded equipment, missing safety equipment, and unsafe noise levels," said Bill Fulcher, director of OSHA's Atlanta-East Area Office. "These hazards put workers at risk of serious injury or death and must be addressed immediately."
With $63,700 in penalties, the serious safety violations include the employer's failure to provide lockout/tagout training to protect workers from dangerous machinery during equipment maintenance and servicing and failure to train workers required to operate powered industrial trucks. The company failed to inspect the crane used to pick up steel parts and to ensure exits were unlocked and clearly marked. Additionally, workers were exposed to struck-by and caught-in hazards from unguarded equipment, electrical shock and burn hazards, and dust levels that were six times greater than the established limit.
The company was cited for an other-than-serious violation with a $700 penalty because of its failure to maintain the required OSHA injury and illness logs to reflect where injuries have occurred.
Big 3 Precision Products Fined $63,000 for Exposing Worker to Struck-by Hazards
Big 3 Precision Products, Inc., which manufactures industrial machine products, has been cited for five safety violations by OSHA. The complaint investigation found a willful violation of forklift standards for allowing employees to stand or pass under the elevated portion of forklifts at the Centralia facility. Proposed penalties total $63,000.
"Employers that allow workers to stand or pass under elevated forklifts expose them to dangerous struck-by hazards. Injuries involving machinery and equipment often result in death or permanent disability," said Aaron Priddy, OSHA's area director in Fairview Heights.
Four serious violations involved lack of machine guarding on portable grinders, which exposed workers to amputation and laceration hazards. The other three violations involved electrical extension cords, including failing to inspect cords, use of damaged cords and, where necessary, not using cords with grounding conductors.
Big 3 Precision Products was issued two serious OSHA violations in April 2013 for failing to follow forklift safety standards. The company has headquarters in Centralia, where it employs about 150 people. The company produces racking and material handling products for the automotive industry and operates facilities in Holliston, Massachusetts; St. Joseph, Missouri; and Millville, New Jersey.
Crown Furniture Sued for Firing an Employee who Filed an OSHA Complaint
The US Department of Labor has sued Donald Pottern, doing business as Crown Furniture, of West Springfield, for allegedly firing a worker who filed a safety complaint with OSHA.
"Employees have a right to file a complaint with OSHA without fear of discharge or other forms of retaliation from their employer," said Robert Hooper, OSHA's acting regional administrator for New England. "Such retaliation can coerce workers into silence, preventing them from reporting or raising concerns about conditions that could injure, sicken, or kill them."
"The Occupational Safety and Health Act gives the department the authority to file suit against employers that take action against employees in this manner. The department will not hesitate to act when the case warrants," said Christine Eskilson, deputy regional solicitor of labor for New England.
According to the complaint filed with the US District Court for the District of Massachusetts in Springfield, the employee contacted OSHA on May 9, 2011, alleging safety and health hazards in the basement of Crown Furniture, including the presence of asbestos, mold, and rodents. On May 11, Pottern discharged the employee after he questioned him as to why he filed the complaint. The now former employee filed a whistleblower complaint with OSHA, which investigated and found merit to the complaint.
The department's lawsuit seeks a judgment affirming that Pottern discharged the employee in retaliation for filing an OSHA complaint and permanently prohibits him from illegally retaliating against employees in the future. The lawsuit seeks payment of more than $20,000 in lost wages to the employee, plus interest, as well as payment of compensatory and/or punitive damages and posting of a nondiscrimination notice at the workplace.
Employers are prohibited from retaliating against employees who raise various protected concerns or provide protected information to the employer or to the government.
Discipline of Southwestern Bell Workers Prompts Lawsuit by US Department of Labor for Illegal Retaliation Against Workers
The US Department of Labor has filed a lawsuit against Southwestern Bell Telephone Co., on behalf of four employees who received disciplinary action and unsatisfactory performance appraisals for reporting workplace injuries that occurred in Missouri and Kansas in 2011 and 2012.
"It is against the law for employers to discipline employees for reporting injuries," said Marcia Drumm, acting regional administrator for OSHA in Kansas City, Missouri. "Southwestern Bell must understand that, by discouraging workers from reporting injuries, it increases the likelihood of more injured workers in the future. The department will do everything in its power to prevent this type of retaliation."
The complaint alleges that in four separate incidents, employees of Southwestern Bell were disciplined and/or given unsatisfactory performance appraisals. The company alleged that each employee violated a corporate workplace safety standard; however, OSHA's investigation found that the company's actions were a result of workers reporting their injuries.
An employee based in Parkville, Missouri, injured his knee on January 11, 2011, when he stepped into a depression during snowy conditions. The company found the worker at fault for the incident. His 2011 performance appraisal rated him below expectations in safety because of the incident. Another employee based in Liberty, Missouri, received a poor performance appraisal after the company said his work-related fracture occurring on August 3, 2011, was because of a violation of the company's safety policies.
Two other employees were given performance notices for safety violations. An employee based in Lawrence, Kansas, received a six-month performance notice beginning October 29, 2012, after reporting a back injury. Another worker based out of Overland Park, Kansas, received a written discipline notice after he reported an ankle injury that occurred on May 23, 2012, and resulted in him missing eight work days.
In the case of the four employees, an OSHA investigation found that the employees were illegally disciplined for reporting their injuries-not because of workplace violations, as the company claimed. The suit, filed in the US District Court for the Western District of Missouri, alleges the company violated the whistleblower provisions of the Occupational Safety and Health Act of 1970. The department's Regional Office of the Solicitor in Kansas City is litigating the case.
Employers are prohibited from retaliating against employees who raise concerns or provide information to their employer or the government under any of these laws. Employees who believe they are a victim of retaliation for engaging in protected conduct may file a complaint with OSHA's Directorate of Whistleblower Protection Programs.
Michigan Launches Residential Construction Safety Initiative
The Michigan Occupational Safety and Health Administration (MIOSHA), in partnership with the Home Builders Association of Michigan (HBA of Michigan), is launching a “Residential Construction Initiative” to assist employers in protecting their workers from the most common hazards associated with residential construction. The year-long initiative started May 15, 2014, and will run through May 15, 2015.
“Residential construction has been experiencing moderate growth during the past few years which has contributed to higher injury rates and fatalities in construction,” said Martha Yoder, Director of MIOSHA. “According to the US Bureau of Labor Statistics, the total case incident rate (TCIR) for Michigan construction increased from 2.6 injuries and illnesses per 100 full-time workers in 2011 to 5.0 in 2012. Over the last five years, from 2008 to 2013, over 37% of construction fatalities in Michigan have occurred in the residential industry.”
The key components of this initiative are:
- A Residential Construction Local Emphasis Program (LEP) – Focusing resources on inspections of single and multi-family home construction. Inspections will focus on the “Residential Top 5” serious hazard categories commonly associated with residential construction. The “Residential Top 5” categories are:
1. Falls
2. Scaffolds
3. Ladders
4. PPE/Tool Guarding
5. Electrical
- “Safety in Residential Construction” training seminars are being offered through local home building chapters around the state by the MIOSHA Consultation Education and Training (CET) Division and the HBA of Michigan.
- “Building Up Residential Safety Day” Residential contractors across Michigan are invited to participate in a special “Building Up Residential Safety Day” on August 14, 2014. MIOSHA compliance and consultation staff will visit Michigan residential worksites. These visits will focus on specific hazards/areas as requested by the employer. There will be NO CITATIONS and NO PENALTIES for participating workplaces. Participants must register to participate and agree to correct all serious conditions.
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