Ashley Furniture, the nation's largest retailer of home decor, faces $431,000 in proposed federal safety and health fines for failing to protect workers from moving machine parts at its Whitehall, Wisconsin upholstery factory. This penalty is in addition to more than $1.8 million in fines issued earlier this year during inspections at other company facilities in Wisconsin.
Company headquarters in Arcadia received similar citations in January 2015 and July 2015.
"Workers risked amputation injuries each time they serviced the machinery," said Mark Hysell, OSHA's area director in Eau Claire. "Ashley Furniture failed to implement required safety procedures to protect machine operators until after OSHA opened its inspection. The company must make immediate, enforceable safety improvements at its facilities nationwide."
The agency determined that the company failed to implement procedures to prevent machines from unintentional start-up when operators changed blades, cleaned machines and cleared jams exposing workers to dangerous machine operating parts. The company failed to have operators use locking devices to prevent unexpected machine movement, a procedure known as lockout/tagout.
The agency cited Ashley Furniture in January 2015 for 38 safety violations. Proposed penalties total $1,766,000. OSHA issued the citations following an investigation that found workers at the Arcadia plant experienced more than 1,000 OSHA recordable work-related injuries in the previous three and one-half years.
The agency also proposed penalties of $83,200 in July 2015 as a result of its investigation of a March 11, 2015, amputation injury. OSHA placed the company in the SVEP for failure to address safety hazards. As a result of the SVEP designation, inspections are open at Ashley's facilities in California, Pennsylvania, Mississippi and North Carolina.
Ashley Furniture has contested all citations issued. A hearing before the Occupational Safety and Health Review Commission will be scheduled.
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.
New Exclusions for Solvent Recycling and Hazardous Secondary Materials
EPA’s new final rule on the definition of solid waste creates new opportunities for waste recycling outside the scope of the full hazardous waste regulations. This rule, which went into effect on July 13, 2015, streamlines the regulatory burden for wastes that are legitimately recycled.
The first of the two exclusions is an exclusion from the definition of solid waste for high-value solvents transferred from one manufacturer to another for the purpose of extending the useful life of the original solvent by keeping the materials in commerce to reproduce a commercial grade of the original solvent product.
The second, and more wide reaching of the two exclusions, is a revision of the existing hazardous secondary material recycling exclusion. This exclusion allows you to recycle, or send off-site for recycling, virtually any hazardous secondary material. Provided you meet the terms of the exclusion, the material will no longer be hazardous waste.
Learn how to take advantage of these exclusions at Environmental Resource Center’s live webcast where you will learn:
- Which of your materials qualify under the new exclusions
- What qualifies as a hazardous secondary material
- Which solvents can be remanufactured, and which cannot
- What is a tolling agreement
- What is legitimate recycling
- Generator storage requirements
- What documentation you must maintain
- Requirements for off-site shipments
- Training and emergency planning requirements
- If it is acceptable for the recycler to be outside the US
San Diego RCRA and DOT Training
Williamsburg RCRA and DOT Training
Orlando RCRA and DOT Training
Washington State to Modify Chemical Action Plans
Washington’s Department of Ecology is proposing to amend Chapter 173-333 Washington Administrative Code (WAC) Chemical Action Plans [proposed title changed from Persistent Bioaccumulative Toxins]. This rule identifies the criteria for persistence, bioaccumulation, and toxicity (PBT) used to identify a chemical as a PBT, provides a list of chemicals for which Chemical Action Plans (CAPs) may be developed, identifies the CAP development process, and details the CAP contents. The CAP is a comprehensive plan to identify, characterize, and evaluate all uses and releases of specific chemicals or group of chemicals. Each CAP recommends actions to protect human health and the environment.
This rule amendment will incorporate recent scientific information relating to PBTs and other chemicals. The rule update will consider improvements to the CAP development process based on our experiences from the completion of five previous CAPs. Updating the chemical list and streamlining the CAP process will allow Ecology to update the science and focus our efforts on the most important chemicals. During this update we will evaluate the opportunity to provide consistency by aligning chemical criteria with other jurisdictions, like the European Union.
Persistent, bioaccumulative, toxic substances (PBTs) and other chemicals have been linked to a wide range of toxic effects in fish, wildlife, and humans, including effects on the nervous system, reproductive and developmental problems, immune-response suppression, cancer, and endocrine disruption. Reducing or eliminating these chemicals will protect human health and the environment.
The agency intends to amend the whole chapter. We propose this rulemaking to update the PBT criteria and list of chemicals appropriate for CAP development and streamline the CAP development process.
Ecology will consider amending the PBT criteria to be consistent with the criteria used by other jurisdictions, like the European Union. We will update the list of chemicals appropriate for CAP development. The agency will also evaluate ways to streamline the CAP development process and will consider whether including a fast-track CAP development process is appropriate.
Harden Furniture Inc. Fined $106,200 for 25 Serious Safety Violations
Proposed penalties total $106,200.
"Employees at the McConnellsville plant face the hazards of amputation, falls, fire, electric shock or being caught in unexpectedly activated machinery. These are hazards commonly associated with woodworking machinery and manufacturing, and they are hazards that can easily be prevented by an employer," said Christopher Adams, OSHA's area director in Syracuse. "Harden Furniture must take effective corrective action to eliminate these hazardous conditions."
OSHA Cites US Fish and Wildlife Service for Serious, Repeated Violations
US Fish and Wildlife Service employees at Pendills Creek National Fish Hatchery faced atmospheric, water, amputation, and asbestos hazards while working in tanks and pits, a recent federal safety and health investigation found.
"Tanks and pits can be dangerous or fatal for workers lacking proper training and protection," said Larry Johnson, director of OSHA's Lansing Area Office. "Like private employers, federal agencies must correct safety and health deficiencies immediately. Failing to do so is inexcusable."
OSHA found the Fish and Wildlife Service failed to evaluate tanks and pits for confined space hazards, post warning signs and prevent unauthorized entry into these spaces. Many workplaces contain confined spaces not designed for people, but large enough for workers to enter and perform certain jobs, such as maintenance and repair. A confined space also has limited or restricted means for entry or exit and is not designed for continuous occupancy.
OSHA cited the Fish and Wildlife Service previously for this hazard in 2013 at a Kodiak, Alaska, site.
It was the first inspection at the Pendills Creek National Fish Hatchery.
The Brimley Fish Hatchery has 13 employees and has produced lake trout for stocking the Great Lakes since 1951. The US Fish and Wildlife Service employs approximately 9,000 people nationwide.
As required by the Occupational Safety and Health Act, federal agencies must comply with the same safety standards as private-sector employers. The federal agency equivalent to a private-sector citation is a notice of unsafe and unhealthful working conditions, which informs agency officials of OSHA violations and citable program elements of the 29 Code of Federal Regulations 1960 – Elements for Federal Employee Occupational Safety and Health Programs.
Unlike the private sector, OSHA does not impose penalties for federal agencies. However, the equivalent private-sector penalty for these violations would be $70,500.
Georgia Lumber Mill Repeatedly Exposes Workers to Falls, Electrocution, Other Hazards
The agency cited repeat violations by RB Lumber for failing to provide fall protection equipment to employees working and walking on top of machinery and for exposing workers to electrical hazards. OSHA cited the company for similar violations in 2011 at the Riceboro, Georgia, facility.
Proposed penalties total $59,100.
"RB Lumber continues to expose workers to hazards that were previously identified by inspectors. There is no reason we should be finding these hazards again," said Robert Vazzi, director of OSHA's Savannah Area Office. "It's management's responsibility to protect workers and they must take action immediately."
Peak Roofing Inc. Fined $53,900 for Exposing Workers to Falls
Peak Roofing has been cited for exposing workers to fall hazards at three different workplace locations in Texas since 2011. In May, OSHA opened the investigation after receiving a complaint. As part of a nationwide outreach campaign, OSHA is working to raise awareness among workers and employers about the hazards of falls from ladders, scaffolds, and roofs.
Proposed penalties total $53,900.
“Falls in construction are preventable. It is the employer’s responsibility to plan ahead to provide the right equipment and train everyone to use the equipment safely,” said Elizabeth Linda Routh, OSHA’s area director in Lubbock.
Chicago Roofers Exposed to Dangerous Asbestos Hazards
Local Roofing, which had been subcontracted to demolish, remove, and replace the building's roofing system, was issued nine serious violations carrying proposed penalties of $48,510.
The companies were cited for failing to:
- Conduct an exposure assessment for asbestos
- Use engineering controls such as a HEPA vacuum and dry sweeping to clean up material likely to contain asbestos
- Train workers on asbestos hazards
"Asbestos exposure can cause chronic lung disease and cancer. No worker should be exposed to this potentially life-ending substance without being trained and provided protective equipment," said Angeline Loftus, OSHA's area director for the Chicago North office in Des Plaines.
Boyles Construction Inc. Fined $47,600 After Trench Cave-In Injures Worker
The seven serious violations include failing to: provide protective helmets, provide a safe means to exit the trench, maintain excavation material at least two feet from the edge of the excavation, and create slopes or steps along the sides of the trench to prevent a collapse. Boyles Construction was also cited for failing to post an annual summary of work-related injuries and illnesses for 2015. OSHA began its investigation following a report from the employer that a trench collapse had injured a worker who was installing a drainpipe.
Proposed penalties total $47,600.
"A trench collapse can happen in a matter of seconds and can take a life just as quickly," said Carlos Reynolds, OSHA's area office director in Little Rock. "Fortunately, this collapse wasn't fatal, but there were still serious physical and financial consequences for the worker who was injured in the collapse. He needlessly suffered a number of broken bones because the company chose not to follow industry standard measures to prevent the collapse. OSHA will not tolerate such negligence."
Sugar Creek Packing Exposes Workers to Amputation Hazards
OSHA's Cincinnati Area Office cited the Sugar Creek Packing Co., of Fairfield, Ohio, for one repeated and 3 serious safety violations, following a July 2015 complaint inspection.
OSHA also found the company failed to:
"Thousands of workers suffer preventable, disabling injuries each year because companies like Sugar Creek fail to follow machine safety procedures," said Ken Montgomery, OSHA's area director in Cincinnati. "It's the employer's responsibility to make sure workers aren't exposed to unnecessary risks."
Founded in 1966, Sugar Creek, operates five food-processing plants in Ohio, Indiana and Kansas, with annual sales exceeding $650 million.
Proposed Penalties: $45,500.
OSHA and the Institute of Scrap Recycling Industries Sign Alliance to Address Machinery, Chemical, Other Hazards in Scrap Recycling Industry
A new alliance between OSHA and the Institute of Scrap Recycling Industries, Inc., was recently established to protect the safety and health of workers in the scrap recycling industry, as well as promote understanding of worker rights and employer responsibilities under the OSH Act.
The alliance will focus on workplace hazards associated with powered industrial trucks and other machinery, chemical exposures, hazardous energy sources, and the handling and storage of materials.
“These hazards can result in serious injuries and death for workers in the scrap recycling industry,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “We are pleased to partner with ISRI in developing effective tools to control or eliminate safety and health hazards in this industry.”
During this two-year alliance, OSHA and ISRI will collaborate in creating and revising informational and training resources, encouraging the use of safety and health management systems and other safety performance programs, and promoting OSHA’s compliance assistance resources.
“ISRI’s alliance with OSHA underscores the recycling industry’s commitment to worker safety,” said Doug Kramer, chair of ISRI. “Now with the support of OSHA behind us, ISRI will be able to provide even greater resources for our members to ensure their workers return home to their families every night.”
ISRI is a trade association representing more than 1,600 member companies that include manufacturers, processors, brokers and industrial consumers of scrap commodities such as paper, rubber, plastics, glass and ferrous and non-ferrous metals. Members range from small businesses to multi-national corporations.
The purpose of each alliance is to develop compliance assistance tools and resources, and to educate workers and employers about their rights and responsibilities. Alliance Program participants do not receive exemptions from OSHA inspections or any other enforcement benefits.
OSHA Partnership Will Protect Laborers on Oregon Clean Energy Center Project in Ohio
OSHA, Black & Veatch Construction, Inc., Power Plant Management Services, LLC, Mosser Construction Company, AZCO, Inc., Go, Gradel Co., Evaptech, Inc., and local trade unions signed a Strategic Partnership for the Oregon Clean Energy Center in Oregon, Ohio.
Black & Veatch Construction, Inc., has begun constructing the $860 million Oregon Clean Energy Center project in Oregon, Ohio, which is expected to generate about 500 construction jobs. Under the partnership agreement, all contractors and subcontractors on the project will be committed to providing a safe and healthful work environment for employees.
The partnership, signed October 16, will focus on establishing proactive measures for common hazards found at construction sites.
The project is estimated to be complete in June 2017.
"We're excited about this new partnership, because we know efforts like these improve workplace safety by fostering teamwork and prevention among all contractors on the job site," said Kim Nelson, OSHA's area director in Toledo. "OSHA and Black & Veatch want to ensure all companies working on this project put worker safety first."
"Black & Veatch places the highest importance on the safety and health of its workforce and contractors," said Brad Warn, vice president & director of BVCI. "This OSHA program is an important resource in accomplishing our safety objectives. Black & Veatch is grateful for this opportunity to partner with OSHA on the Oregon Clean Energy Center project. This marks the 20th project where the company has engaged in OSHA's cooperative compliance programs."
