Abiraterone Acetate Listed as Reproductive Hazard

April 11, 2016

Effective April 8, 2016, California’s Office of Environmental Health Hazard Assessment (OEHHA) is adding abiraterone acetate (CAS No. 154229-18-2) to the list of chemicals known to the state to cause reproductive toxicity (developmental, female, and male endpoints) for purposes of Proposition 651.

The listing of abiraterone acetate is based on a formal requirement by a state or federal agency that the chemical be identified or labeled as causing reproductive toxicity as provided under Proposition 65. Abiraterone acetate has been identified or labeled to communicate a risk of reproductive harm (developmental, female, and male endpoints) in accordance with formal requirements by the US Food and Drug Administration. Regulations governing the listing of chemicals under the “formally required to be labeled or identified” mechanism are published in Title 27, California Code of Regulations, section 25902.

 No public comments were received.


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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.


Dedicated TCS LLC Fined $226,310 After Worker Fatally Injured in Confined Space

An air quality test and harnesses properly tethered to a lifeline for rescue might have prevented tragedy for three workers overcome by a lack of oxygen inside a rail tanker on October 8, 2015 in New Orleans, federal workplace safety and health investigators have determined.

OSHA found Dedicated TCS, LLC, failed to test the atmosphere inside the tanker before the three employers entered the tank, and to mandate that the workers attach a lifeline to their harnesses to allow a rescue. One of the workers died, and other two were hospitalized in the incident.

In April 2012, the agency issued eight serious violations at the company's location in Channahon. In May 2012, inspectors found nine serious and two willful violations at its Lansing location. In July 2014, an investigation in Channahon found four serious and seven repeat violations.

Dedicated TCS faces $226,310 in fines for two willful, three repeat, and four serious violations for exposing workers to hazardous health conditions in New Orleans.

Willful violations include failing to:

  • Test atmospheric conditions within a confined space before allowing workers to enter
  • Evaluate a rescuer's ability to respond in a timely manner and function appropriately while rescuing entrants from confined spaces

Serious violations include failing to:

  • Have a complete respiratory protection program
  • To medically evaluate and fit test employees before allowing them to use respirators

Repeat violations include failing to:

  • Take all necessary steps to guarantee safe entry into a confined space
  • Provide fixed points or mechanical devices for retrieving workers from a permit-required space
  • Verify and check appropriate entry conditions on a permit before letting workers enter a confined space

"Dedicated TCS continues to ignore crucial safety procedures for working in confined space. This is the fourth time OSHA has found this employer in violation of federal safety standards," said Dorinda Folse, OSHA's area director in Baton Rouge. "Sadly, the company's inaction has cost a man his life."

Lack of Safety Protections at Martin Mechanical Contractors Led to Worker Fatality

The life of a 39-year-old HVAC installer who fell through a roof skylight ended suddenly because his employer failed to put proper workplace protections in place, OSHA has found.

On November 30, 2015, Timothy O'Neal Gearing and a co-worker were atop a building trying to unjam a saw stuck in its metal roof. When the saw jerked loose, Gearing lost his balance and fell through an unguarded skylight to the concrete ground about 15 feet below. Taken to a nearby hospital, he died later of his injuries.

The incident occurred at the site of a new Subaru car dealership in Athens.

"This tragedy was preventable. Martin Mechanical Contractors knowingly exposed its workers to dangerous fall hazards and failed to take action to protect them," William Fulcher, OSHA's area director in the Atlanta-East Office. "Employers are responsible for either addressing workplace hazards or not putting workers at risk of being injured or killed. Our investigation found Gearing's employer did neither."


Proposed penalties total $54,000.

Martin Mechanical is a mechanical, plumbing and electrical contractor for commercial and industrial building projects in Northeast Georgia. Another Athens company, Driver Construction Co., Inc., subcontracted with Martin to install a complete HVAC system at the worksite when the fatality happened.

Worker Exposed to a Fatal Amount of Manure Gas

Federal investigators determined his death was caused by inhalation of the gas which is rapidly absorbed by the lungs.


"Symptoms from overexposure to hydrogen sulfide gas can come on rapidly and quickly overcome a worker," said Kim Nelson, OSHA's area director in Toledo. "The agriculture industry needs to educate its employees that the foul odors that come with manure spreading are not just unpleasant they are unsafe and can be deadly. It is imperative that farm workers are protected from inhaling these gases."

In its investigation, OSHA determined W. E. Soil Enhancement should have:

  • Provided engineering controls and respiratory protection to protect workers from exposure to hydrogen sulfide gas

OSHA has proposed penalties of $16,800.

Berlin Builders Faces $385,836 Penalty for Continually Ignoring Life-Threatening Dangers

Berlin Builders, a residential construction contractor with projects in Delaware, Pennsylvania, and New Jersey, continues to expose its workers to dangerous falls on job sites by ignoring safety standards required by law, federal regulators say.

 Berlin Builders faces a total of $385,836 in federal penalties for violations at these worksites:

  • Parkway at South Ridge, 318 Gaither Drive, Middletown, Delaware – $105,600
  • Parkway at South Ridge, 453 Gaither Drive, Middletown, Delaware – $46,200
  • American House Building, 7th & Market St., Perkasie, Pennsylvania – $112,860
  • Springford Estates, Limerick, Pennsylvania – $121,176

Workers were exposed to serious fall hazards on projects developed by Ryland Homes, LC Construction, Ryan Homes, and Re-Alliance Real Estate Development. Berlin Builders was contracted to perform work on each of the listed sites.

  • Failure to provide and use proper ladders to access a work area
  • Failure to provide fire extinguishers
  • Failure to provide covers over holes located 6 feet above the lower floor
  • Failure to develop and implement a hazard communication program

In the past 12 months, Berlin Builders has been inspected 23 times at worksites across Pennsylvania, Delaware and New Jersey. OSHA issued citations in 16 of the inspections, resulting in penalties totaling $403,690. The citations involved similar fall hazards.

"Berlin Builders is a serial violator that callously refuses to take even the most basic steps to protect workers from falls and other serious hazards in construction, an industry among the nation's most hazardous," said Richard Mendelson, OSHA regional administrator in Philadelphia. "Approximately four in 10 construction workers die in falls at work. It is vital that construction companies take responsibility for protecting their workers from preventable injuries and serious hazards. No one should have to sacrifice their safety for their livelihood."

OSHA has designated May 2–6, 2016, as the third annual National Safety Stand-Down. The event is a nationwide effort to remind and educate employers and workers in the construction industry of the serious dangers of falls—the cause of the highest number of industry deaths in the construction industry.

Nakanishi Manufacturing Corp. Fined $144,995 After Employee Severely Burned in Flash Fire

Every day, workers depend on their employers to keep them safe on the job. When an employer fails to address safety hazards, workers can suffer the consequences. On September 23, 2015, a 33-year-old maintenance technician was the victim of a Georgia auto parts manufacturer's indifference toward safety.

The worker at Nakanishi Manufacturing Corp.'s Winterville, Georgia, facility was operating a dust collector when an explosion occurred. Flames engulfed the man, causing third-degree burns to his upper body. The employee continues to recover from his injuries.

OSHA opened an investigation after learning of the employee's hospitalization. The agency issued citations to the manufacturer on April 1 for one willful, 18 serious, and one other-than-serious safety and health violation.

 "Out of sight, out of mind is not an acceptable strategy for fixing workplace hazards. This mindset is dangerous, irresponsible and must be changed immediately."

OSHA has proposed penalties totaling $144,995.



  • Failure to train employees on the hazards of combustible dust


Jasper Contractors Fined $140,000 for Exposing Workers to Dangerous Falls, Other Hazards

Inspectors with OSHA observed employees performing roofing activities without fall protection at a residence in the Loretto neighborhood subdivision. 

 Jasper exposed employees to the risk of an 8-foot fall. 

Jasper Contractors has an extensive history of OSHA violations. Since 2007, the agency has completed 19 inspections, resulting in 34 violations. The violations include willful, serious, and repeat classifications for a lack of fall, eye, and face protection, as well as ladder safety.

"Jasper Contractors shows a deliberate lack of concern for the safety of its employees by refusing to comply with fall protection and other OSHA standards," said Brian Sturtecky, OSHA's area director in Jacksonville. "Falls are a leading cause of death in the construction industry, and OSHA is committed to doing what it can to ensure all workers are protected."

Winesburg Builders LTD Repeatedly Exposed Workers to Falls, Fined $121,800

 On October 7, 2015, OSHA inspectors observed workers exposed to falls as high as 22 feet without protection while performing roofing and framing work on a new construction project. They opened an inspection under the agency's regional emphasis program on falls. Once on site, inspectors found other workers exposed to falls 11 feet high without fall protection. The company was cited for those hazards. Citations were also issued for the company's failure to guard window and stairway openings.

The Ohio builder has an extensive OSHA history, with inspections in West Virginia, Pennsylvania, and Ohio. From February 2008 to October 2014, OSHA cited the company for more than 22 violations related to fall hazards.

Proposed penalties total $121,800.

"Winesburg Builders' reckless approach to worker safety leaves its employees one step away from a potentially deadly fall," said Prentice Cline, director of OSHA's Charleston Area Office. "Approximately four in 10 construction workers die in falls at work. It is vital that construction companies take responsibility for protecting their workers from preventable injuries and serious hazards. No one should have to sacrifice their safety for their livelihood."

D&D Manufacturing Fined $110,110 After Numerous Machine Hazards Found

A Bolingbrook metal stamping company exposed workers to amputations and other serious injuries repeatedly by allowing numerous machines to operate without safety guards.

The visit came in response to a complaint received by OSHA.

The violations found at the Bolingbrook facility, which also serves as the company's corporate headquarters, are similar to those discovered less than three years ago at the company's Southwest manufacturing facility in El Paso, Texas.

"One hundred and seventy-three Illinois workers suffered preventable amputations in 2015," said Kathy Webb, OSHA's area director in Calumet City. "OSHA's common sense safety standards require manufacturers to provide training, safe guards and procedures to prevent workers from coming in contact with the operating parts of a machine. Employers like D&D Manufacturing must do more to protect workers from these debilitating injuries."

OSHA's investigation found the company failed to provide:

  • Proper storage of compressed gas cylinders


Since January 1, 2015, OSHA requires all employers to report any severe work-related injury—defined as a hospitalization, amputation or loss of an eye—within 24 hours. The requirement that an employer report a workplace fatality within eight hours remains in force. In the first full year of the program, employers nationwide reported 10,388 severe injuries, including 7,636 hospitalizations and 2,644 amputations.

MTD Consumer Group Exposed Workers to Excessive Noise, Other Hazards


OSHA opened an investigation at the Willard plant after receiving a complaint alleging unsafe working conditions.

The federal agency cited the company for:

  • Not ensuring that hearing protection was worn by employees
  • Not implementing feasible administrative or engineering controls to reduce noise exposure
  • Failing to evaluate respiratory hazards

The Valley City-based company manufactures and markets consumer products for the lawn and garden power equipment industry under the brand names: Cub Cadet, Troy-Bilt, Remington, Yard-man, Yard-Machine, and Bolsen.

"Employers that comply with OSHA's common sense safety standards can protect workers from untreatable hearing loss."

Proposed penalties total $77,000.

Plank Construction Co. Inc. Employee Injured in Trench Collapse

Plank Construction Co., Inc., employees were installing a storm sewer system as part of the construction of new buildings at Dutch Village in Menands, New York. On October 3, 2015, the 8-foot deep trench in which they were working collapsed onto one of the employees. He was extricated and hospitalized.

An inspection by OSHA’s Albany Area Office found that the employer did not protect the trench against collapse, and failed to provide a safe means for workers to exit the trench. Proposed penalties total $59,290.

 Protection measures can include shoring the trench's sidewalls, installing a protective trench box, or sloping the soil at a shallow angle.

"The collapse and the worker's injuries were needless and avoidable. Plank Construction should not have allowed its employees into the trench until it was effectively protected against collapse," said Robert Garvey, OSHA's area director in Albany. "This employee survived but many others are not as lucky; nationwide, two employees die each month in similar circumstances. 

ABC Equipment Exposed Workers to Scaffold Hazards


  • Failing to plank platforms fully, and for failing to support the planks properly
  • Using block as improvised counterweights for the scaffolding
  • Not having toe boards on the scaffolding to protect workers below
  • Missing guard rails and improper access to the scaffolds
  • Exposing workers to falls from an unguarded surface


Proposed penalties total $41,580.

"ABC Equipment disregarded concerns from the general contractor about fixing the scaffolds and chose to continue to expose its workers to injury or death," said Carlos Reynolds, OSHA's area director in Little Rock. "Brick layers should not have to choose between a paycheck and a potential deadly fall."

Blocked Emergency Exit, Improperly Stored Stock Pose Hazards For Guess? Store Employees at Foxwoods Casino

An OSHA investigation found a blocked emergency exit and improperly stored stock put the employees of the Guess? Factory Store at the Tanger Outlet Mall at Foxwoods Casino in Mashantucket, Connecticut, at risk of burns, lacerations, and being struck by falling objects.

Responding to a complaint, OSHA began an inspection on March 3, 2016, and found the employer allowed the following hazardous conditions:

  • Obstruction of the store's emergency exit route by boxes containing clothes, shoes, and hangers, as well as by a folding table
  • Blocked access to electrical panels that power the store's operations by several boxes of clothing and hangers, eight storage shelves, and two extension ladders
  • Unsafe stacking of boxes of hangers, shoes, and accessories in the storage room and in the bathroom were in danger of toppling onto employees

"These were obvious and easily preventable conditions that placed store employees needlessly at risk," said Warren Simpson, OSHA's area director in Hartford.  This is not the first time that Guess? has been cited for blocked access. To ensure the well-being of its employees, Guess? must effectively address these issues at all its locations."

The repeat violations stem from similar violations cited in 2013 at the Guess? Jersey Gardens Mall store in Linden, New Jersey. 

Safety Stand-Down Puts the Brakes on Injuries at Georgia Road Sites

The Federal Highway Administration, the state of Georgia and local government organizations are partnering with OSHA to sponsor a one-hour Safety Stand-Down at Georgia construction sites in conjunction with National Highway Work Zone Awareness Week from April 11–15.

Employers will voluntarily stop work on one designated day at construction sites that week from 7 to 8 a.m. EST to provide work zone safety training to road workers so they can protect themselves from the dangers of distracted drivers and injuries caused by passing vehicles, flying debris, and other objects. 

"This alliance is about the mothers, fathers, sisters and brothers who died on-the-job because a driver was distracted by a text message, a phone call or other activity," said Kurt Petermeyer, OSHA's regional administrator for the Southeast. "This event will help employers identify hazards and how employees can avoid them and remind the industry of the importance of safety in these work zones."

The Stand-Down is being organized by the Georgia Struck-By Alliance, which includes OSHA; the Associated General Contractors of Georgia Inc.; 3M Visibility & Insulation Solutions; Georgia Department of Transportation; Federal Highway Administration's Georgia Division; Georgia Highway Contractors Association; Georgia Utility Contractors Association, Inc.; Georgia Tech Research Institute; Lamar Advertising; Georgia Power; Pike Corporation; Ansco & Associates, LLC; Construction Education Foundation of Georgia; National Safety Council, Georgia Chapter; Local Government Risk Management Services; and the Governor's Office of Highway Safety.

An informational flier and toolbox in English and Spanish are available from the Associated General Contractors of Georgia. For more information, contact Christi Griffin in OSHA's Atlanta-West Area Office at 678-903-7301; Bill Fulcher in the Atlanta-East Area Office at 770-493-6644; or Robert Vazzi in the Savannah Area Office at 912-652-4393.


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