The American Industrial Hygiene Association (AIHA) urged the Department of Labor (DOL) to move cautiously in its attempt to push through a rule to regulate workers’ on-the-job exposure to chemicals and toxins.
Recent news articles have indicated that the DOL on July 7 submitted a draft rule to the Office of Management and Budget for review. While the text of the proposal has not been released, The Washington Post reported that the proposal “would call for a reexamination of the methods used to measure risks posed by workplace exposure to toxins.” The Labor Department reportedly did an outside study of the risk-assessment process back in September 2007 at a cost of nearly $350,000.
AIHA’s concern stems from the proposal not being made public, the Department of Labor not disclosing a possible rule in the regulatory agenda, and important stakeholders and experts not having had the opportunity to review and comment. “On behalf of AIHA’s 10,600 members, who work on the front line of worker health and safety on a daily basis, we urge the Labor Department and the Bush Administration to take a step back in rushing this proposal forward,” said AIHA President Lindsay Booher, CIH, CSP.
“AIHA has not seen the proposed rule or scientific basis and therefore cannot comment on its content,” added Booher. “However, we are very concerned about the reports we have seen that the Department of Labor may be bypassing the public review process in what appears to be a far-reaching rule. Our members have wide-ranging expertise in evaluating worker exposure from chemicals and other toxins. That is what we do.”
“AIHA strongly urges the Department of Labor to take the time needed to gather input from our members and other important stakeholders if they are moving forward with such an important effort,” Booher said. “In fact, for several years we have urged the Department of Labor to streamline its approach to update the OSHA permissible exposure limits (PELs) currently used to control exposures to toxic chemicals. Many of these date back to the 1970s and have not been kept current with new information about the risks they may pose to workers. Waiting until the proposal is announced and then allowing for a short 30-day public comment period will not suffice.”
Ice Cream Plant Faces $90,500 in Fines for Process Safety Management Hazards
OSHA has cited Fieldbrook Foods Corp. of Dunkirk, N.Y., for 22 alleged serious violations of OSHA health and safety standards. The ice cream manufacturer faces $90,500 in proposed fines for incomplete or inadequate safeguards for its refrigeration system and other hazards at its One Ice Cream Drive plant.
The bulk of the citations cover deficiencies in the plant's Process Safety Management (PSM) program. OSHA's PSM standard mandates a detailed set of requirements and procedures employers must follow to proactively assess and address hazards associated with processes and equipment involving the use of large amounts of a hazardous chemical. In this case, more than 10,000 pounds of anhydrous ammonia is used in the plant's refrigeration system.
"Process safety management demands constant, effective attention and commitment because the consequences of a leak or other incident can be severe and catastrophic," said Arthur Dube, OSHA's area director in Buffalo. "Each element of the process must be rigorously, completely, and continuously addressed to minimize hazards and maximize a safe and healthful working environment."
OSHA found that the plant and its refrigeration process lacked the following: complete process safety information and process hazard analyses; written operating procedures for safely conducting process activities and for maintaining the ongoing mechanical integrity of process equipment; inspections, testing procedures, and documentation to ensure that process equipment complied with recognized and generally acceptable good engineering practices; written procedures to manage changes in the process; a system to promptly address and resolve incident report findings; review of incident reports by all involved personnel; appropriate responses to compliance audit findings; refresher training for employees involved in the process; and a means of informing contract workers of process hazards.
OSHA also identified hazards involving unguarded, open-sided floors and work platforms; exit route doors opening in the wrong direction; uncovered electrical junction boxes and electrical cords used in place of fixed wiring; no emergency eyewash where required; and inadequate lockout procedures (to prevent accidental machine start-ups) and equipment for a compressor room pump.
A serious citation is issued when death or serious physical harm is likely to result from a hazard about which the employer knew or should have known. The company has 15 business days from receipt of its citations to contest them before the independent Occupational Safety and Health Review Commission. The inspection was conducted by OSHA's Buffalo Area Office; telephone 716-551-3053.
Samscreen Fined $109,000 for Repeat Safety Violations
OSHA has proposed an additional $109,100 in fines against Samscreen Inc., a Conklin, N.Y., manufacturer of industrial screening media, for recurring safety hazards and failing to correct previously cited hazards at its Broome Corporate Parkway plant.
OSHA opened a follow-up inspection of the plant in February to verify correction of hazards cited during an inspection in 2007. This latest inspection found that the plant failed to provide employees with required lockout/tagout training (to prevent accidental start-ups of machinery) and fire extinguisher training as agreed to in the company's previous settlement agreement with OSHA.
As a result, OSHA has issued the company two failure to abate notices with $72,000 in proposed fines. OSHA issues a failure to abate citation when an employer does not correct a cited violation by an established date. The plant received similar failure to abate notices and a proposed fine of $75,000 from OSHA this past April for failing to guard press brakes and rollers.
"These sizable fines reflect the breadth, severity, and recurring nature of these hazards, which expose employees to crushing, laceration, amputation, and burns," said Christopher Adams, OSHA's area director in Syracuse. "They also reinforce the need for this employer to take complete and effective corrective measures and, just as important, maintain them so these hazards are eliminated once and for all."
The latest inspection also resulted in the issuance of one willful citation, with a $27,500 fine, for lack of a press brake to prevent employees from coming in contact with its point of operation. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.
In addition, three repeat citations, with $9,000 in fines, were issued for uninspected punch presses, unguarded drive belts and pulleys, and exposed electrical conductors—hazards similar to those cited by OSHA in June 2007. Finally, one other-than-serious citation, with a $600 fine, was issued for an incomplete and unposted illness and injury summary.
Samscreen Inc. has elected to contest its citations and fines to the independent Occupational Safety and Health Review Commission. This inspection was conducted by OSHA's Syracuse Area Office; telephone 315-451-0808.
Tube Mill Cited for 70 Safety and Health Violations
OSHA has cited Ansonia Copper and Brass Inc. for 70 alleged serious, repeat, and other violations of workplace safety and health standards at the company's Waterbury, Conn., tube mill. The company faces a total of $212,000 in proposed fines following wall-to-wall OSHA inspections of the plant begun in February.
"The sizable fines proposed here reflect the breadth of hazards found during our inspections and the fact that the company had been cited for similar conditions in the past," said Robert Kowalski, OSHA's area director in Bridgeport. "Left uncorrected, these conditions expose employees to hazards such as lacerations, amputation, crushing, falls, fire, electrocution, asphyxiation, burns, and struck-by injuries. These hazards must be addressed promptly, effectively, and continuously."
Ansonia Copper and Brass was issued 58 serious citations, accounting for $168,800 in fines, for deficient or damaged lifting hoists and slings; damaged, defective, or inadequate crane components and safeguards; obstructed exit routes; respirator deficiencies; emergency eyewashes not maintained; lack of hazard communication information and training; uncovered floor pits; no hazard assessment or training for personal protective equipment; failure to evaluate, test, provide training for, and restrict entry to confined spaces; untrained operators of powered industrial trucks; locations for fire extinguishers not identified; lack of fire extinguisher training; unsecured gas cylinders; missing guardrails and stair railings; electrical hazards; and numerous instances of unguarded moving machine parts, saws, and abrasive grinders. A serious citation is issued when death or serious physical harm is likely to result from a hazard about which the employer knew or should have known.
The company also has been issued five repeat citations, with $40,800 in fines, for oil- and water-covered floors in work areas; lack of proper lockout/tagout procedures and equipment to prevent accidental energization start-ups; unlabeled electrical devices; and failing to remove defective powered industrial trucks from service. OSHA cited Ansonia Copper and Brass for similar hazards in 2005 and 2006.
Seven other-than-serious hazards, with $2,400 in fines, have been issued for incomplete recording of workplace injuries and illnesses and other conditions.
OSHA Supports Crane 'Safety Stand Down'
OSHA is actively supporting crane 'Safety Stand Down' on Friday, August 8, which is being organized by the Georgia branch of the Associated General Contractors of America (AGC).
That morning, construction companies throughout the state will stop work and provide employees with additional safety training for equipment ranging from crawlers to tower cranes. The stand down is designed to demonstrate the commitment of Georgia's construction industry to improving workplace safety.
"The AGC Georgia branch's initiative and leadership in organizing and conducting this industry-wide, statewide effort is a strong statement about its belief in the importance of safety in the construction community and workforce," said Cindy Coe, OSHA's regional administrator for the Southeast.
Safety stand downs are not new to the construction industry. AGC chapters across the country regularly organize stand downs for their association members. The AGC Georgia branch will provide training materials on crane safety to registered participants. Both AGC members and non-members are encouraged to participate and can register by contacting Cherri Watson of AGC at 678-298-4104.
For more information, contact Andre Richards, area director of OSHA's Atlanta-West office at 2400 Herodian Way, Suite 250, Smyrna, Ga.; telephone 770-984-8700. Other offices in Georgia serve Atlanta-East, LaVista Perimeter Office Park, Building 7, Suite 110, Tucker; telephone 770-493-7725; and Savannah, 450 Mall Blvd., Suite J; telephone 912-652-4393.
OSHA Cites International Truck and Engine Corp. for Numerous Workplace Health and Safety Violations
OSHA has cited International Truck and Engine Corp. in Melrose Park, Ill., for multiple alleged willful and serious violations of federal workplace safety and health standards. The agency has proposed $159,500 in fines.
As a result of an inspection initiated in February, OSHA has issued citations for two willful violations with penalties totaling $125,000. OSHA also has cited the company for nine serious violations with a $34,500 fine.
The willful violations address the hazards of live electrical parts on 480-volt electrical panels that were not guarded against accidental contact. In addition, the company lacked appropriate energy control procedures clearly outlined for securing machines for proper lockout/tagout procedures, which are intended to prevent unintended machine startup. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.
Some of the serious violations address hazards associated with improper or lack of machine guarding, damaged electrical panels, improper use of electrical equipment, improper use of powered industrial vehicles, and lack of proper housekeeping within the workspaces. OSHA issues a serious citation when death or serious physical harm is likely to result from a hazard about which the employer knew or should have known.
"These violations should not exist at any worksite," said Diane Turek, director of OSHA's Chicago North area office in Des Plaines, Ill. "They are problems that can be avoided if an employer is dedicated to protecting employees. Employers must remain dedicated to keeping the workplace safe and healthful or face close scrutiny by this agency."
International Truck and Engine Corp. manufactures truck and tractor engines and has approximately 10,000 employees corporatewide and 1,450 employees in Melrose Park. OSHA has inspected this location six times in the past, resulting in several violations. The company has 15 business days from receipt of its citations to request and participate in an informal conference with OSHA or to contest them before the independent Occupational Safety and Health Review Commission.
