California Labor Enforcement Task Force Takes Action to Prevent Worker Fatalities and Serious Injuries

California’s Labor Enforcement Task Force (LETF) has discovered safety violations during targeted inspections this month that put workers in immediate danger of serious injuries (including amputations, paralysis, and fractures) and fatalities. The task force immediately issued orders stopping work at four sites, preventing injuries and requiring employers to correct the hazardous conditions.

LETF is a coalition of California State and local enforcement agencies that formed in 2012 to combat the underground economy. LETF teams conduct monthly inspections targeting employers in high-risk industries. On August 19 investigators discovered serious safety violations at a food processing plant in Yuba City, a roofing operation in San Diego, and a garment factory in Los Angeles. A fourth violation was discovered on August 25 at a plastering operation in San Diego.

“The underground economy exposes workers to dangerous job conditions and financial abuse,” said Christine Baker, Director of the Department of Industrial Relations (DIR). “These inspections give us an opportunity to help employers understand how best to protect their employees.” LETF operates under the direction of DIR.

The most serious of the violations discovered this month occurred with employees of Commercial & Industrial Roofing Company, Inc., in San Diego. At least four employees were working with no fall protection near the edge of a four-story building’s roof—at a height greater than 50 feet—where a fall would have likely caused death. Cal/OSHA previously cited this business $800 following an accident on June 20, 2008 in which a roofer lacerated his left hand with a high-pressure spray gun.

Similarly serious violations were discovered when LETF inspected Boland Plastering, also in San Diego. Inspectors observed workers on an 11-foot-high scaffold with a base that was insecure, had missing rails and was not fully planked. A fall from that height could result in head trauma, paralysis, or death.

“LETF monitors not only for safety violations, but also for violations of wage, tax and licensing laws,” said Dominic Forrest, Chief of the Labor Enforcement Task Force. “We also offer information that helps employers understand and follow their responsibilities.”

At the New Freedom garment factory in Los Angeles, investigators found both safety and labor law violations. Workers installing rivets onto pants were using a machine with an exposed flywheel and no safety guards, exposing themselves to finger and hand amputations. In addition, LETF investigators cited the employer $29,257 for failing to carry workers’ compensation, not paying minimum wage or overtime and not providing workers with an itemized wage statement.

This month, investigators also issued a stop-work order at Bhatti Farms in Yuba City upon observing workers using an unguarded dipping line machine, which is used to process plums into prunes. Without guards, workers could become entangled in the moving parts of the machine, resulting in substantial probability of injuries including fractures or amputations.

LETF focuses on high-risk industries known to frequently abuse the rights of low wage workers such as car wash, restaurant, manufacturing, roofing, construction, agricultural, and auto repair businesses. 

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.

Environmental Resource Center is offering live online training for you to learn how the new rule differs from current requirements, how to implement the changes, and when the changes must be implemented. 

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

Pittsburgh RCRA and DOT Training

Columbus RCRA and DOT Training

San Antonio RCRA and DOT Training

Tetrachlorvinphos, Parathion, Malathion, and Glyphosate to be Listed as Carcinogens

The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) intends to list the chemicals listed below as known to the state to cause cancer under the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65). This action is being proposed pursuant to the Labor Code listing mechanism. OEHHA has determined that tetrachlorvinphos, parathion, malathion, and glyphosate meet the criteria for listing by this mechanism.

* The International Agency for Research on Cancer (IARC) indicates the following chemicals are “also relevant: 38641-94-0 (glyphosate-isopropylamine salt) 40465-66-5 (monoammonium salt) 69254-40-6 (diammonium salt) 34494-03-6 (glyphosate-sodium) 81591-81-3 (glyphosate-trimesium)” (IARC, 2015b), because these salts dissociate to free glyphosate.

OEHHA determined that tetrachlorvinphos, parathion, malathion, and glyphosate each meet the requirements for listing as known to the state to cause cancer for purposes of Proposition 65.  IARC concludes that malathion and glyphosate are classified in Group 2A (probably carcinogenic to humans) and that tetrachlorvinphos and parathion are classified in Group 2B (possibly carcinogenic to humans). IARC concludes that there is sufficient evidence of carcinogenicity in experimental animals for tetrachlorvinphos, parathion, malathion, and glyphosate 

MP Global Products Attempted to Conceal Hazards from Investigators, Fined $244,000

OSHA inspectors found the man's employer, MP Global Products, LLC, attempted to conceal an entire production line from them. Inspectors found numerous machines lacked safety guards that exposed workers to amputation injuries on that line and throughout the facility. Workers also told investigators the company threatened to fire those who told inspectors about their safety concerns.

"MP Global shut down an entire production line, turned the lights off, and herded employees into the back room where they were instructed to remain quiet during OSHA's inspection. This was a willful attempt to prevent inspectors from discovering numerous machine safety violations in the plant," said Jeff Funke, OSHA's area director in Omaha. "Knowingly requiring workers to operate unsafe machinery and threatening their jobs for reporting unsafe work practices are illegal and shameful activities. MP Global needs to immediately correct the multiple machine hazards in its facility."

OSHA inspectors found the company failed to train workers on machine safety procedures and vehicle operation.

MP Global manufactures underlayment products from recycled materials for use beneath laminate, tile and hardwood flooring. These products are sold by nationwide distributors such as: Home Depot, Lumber Liquidators, Menards, Wayfair, and Build Direct.

Primex Plastics Corp. Fined $141,100 after Multiple Workers Suffer Amputations

In separate incidents less than two weeks apart, two employees sustained disabling injuries at Primex Plastics Corp., in Oakwood, Georgia. Both workers had their middle and ring fingers amputated as they removed material jammed in shearing machines that cut plastic.

Proposed penalties total $141,100.

After learning of the February 28, 2015, amputation, OSHA immediately opened an investigation in March. During OSHA's inspection, company officials told the inspectors that a second amputation had occurred the night before on a similar machine.

"Worker safety, not profits, must be a company's priority," said Bill Fulcher, OSHA's director of the Atlanta-East Area Office. "Unfortunately, it took two amputations for Primex to address known safety hazards at this facility."

The agency cited Primex previously for similar violations in December 2014 at its New Jersey facility.

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• Ignoring procedures to prevent machines from sudden start up during maintenance and service
• Not implementing protections for workers exposed to excessive noise
• Failing to ensure properly guarded machinery, such as shearing machines and a drill press
• Exposing workers to falls

Since 2005, Primex has had 14 OSHA inspections nationwide and has received 35 safety and health citations.

A subsidiary of ICC Industries, Inc., Primex has headquarters in Richmond, Indiana, and maintains facilities in Georgia, New Jersey, Wisconsin, and Nevada. The company employs more than 1,100 workers.

Baze Chemical Inc. Fails to Protect Workers from Catastrophic Chemical Exposure

This includes failing to conduct a process hazard analysis prior to processing a batch of chemicals including ethylene oxide, a high hazard product. The employer also did not develop written procedures for the startup, operations, or emergencies for chemical processing.

Proposed penalties total $114,800.

"Process safety management prevents the unexpected release of toxic, reactive or flammable liquids and gases in processes involving highly hazardous chemicals," said Stephen Boyd, OSHA's area director in Dallas. "It's vital that Baze ensure safeguards are in place to protect the safety of workers at this facility."

Idea Nuova Exposes Employees to Blocked Exit and Fire Hazards

For the second time in two years, a US and international home decor manufacturer and distributor has shown that it lags in employee safety.

In addition, stairwell exit doors on the third, fifth, and ninth floors were repeatedly propped open, even after OSHA told management previously that the doors must remain closed to prevent the spread of flames and smoke during a fire. OSHA cited Idea Nuova in 2013 for similar hazards at this location and at the company's 80 Richards St. facility in Brooklyn.

The agency also determined that employees risked blows from haphazardly stacked merchandise on the 10th floor, while those on the third floor faced electric shock hazards due to an exposed electrical outlet.

Proposed fines total $84,150.

"Burns, smoke inhalation, electric shock and falling merchandise aren't chic. Blocked and impeded exits can cost employees their lives," said Kay Gee, OSHA's area director in Manhattan. "Idea Nuova must not wait for a tragedy before addressing these issues."

Idea Nuova has offices in the US, Canada, Mexico, Europe, and Asia. The company creates, produces and markets products for many of the biggest brands in the world, including Sharper Image, Chris Madden Style, Urban Shop, and Tweens. They also develop private-label collections for global retailers, including The Walt Disney Co., Nickelodeon, and Major League Baseball.

Tallahatchie Lumber and Mat Co. Inc. Fined $78,800 for Exposing Workers to Unprotected Machinery, Combustible Dust

 Citations were issued on August 31.

Proposed penalties total $78,800.

"A machine that starts up while a worker is maintaining is a serious safety risk, one that could send a worker to a hospital, yet Tallahatchie management made no efforts to ensure workers were protected," said Eugene Stewart, OSHA’s area director in Jackson. "There is no excuse for an employer to disregard the safety and health of its employees and put them at risk of death and serious injury. We are looking for immediate action from the company to address these hazards."

Cavco Industries Inc. Fails to Protect Workers from Unsafe Machinery, Falls, and other Safety Hazards

• Failing to control the accumulation of construction debris and waste that creates a slip, trip, and fall hazard
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• Not preventing machines from starting up during servicing
•  
• Not repairing recognized electrical hazards

Proposed penalties total $67,000.

"A repeat citation for fall protection, especially from a building manufacturer of modular home structures like Cavco, shows a complete lack of responsibility for the safety of its workers," said Casey Perkins, OSHA's area director in Austin. "The employer failed to find and fix serious hazards that put worker safety in jeopardy. OSHA will not tolerate such negligence."

Lack of Safety Mechanisms Leads to Galaxy Bowling Center Mechanic’s Death

A 29-year-old man working at a Brownsville bowling alley died when his shirt collar tangled in a faulty pinsetter, strangling him as the machine twisted the collar tighter.

Hired part-time as a mechanic, Vidal Garcia had worked at Galaxy Bowling Center for four months before the accident on March 5, 2015. He was doing maintenance on an automatic bowling pinsetter, a machine that picks up and clears fallen pins and sets them for the next bowler.

An OSHA inspection found that the machine's unguarded, rotating shafts and improper shutdown of a control panel at Galaxy led to Garcia's death. OSHA cited the company for 10 serious safety violations on September 2.

"Vidal Garcia died in a preventable workplace tragedy," said Michele Shield, OSHA's acting area director in Corpus Christi. "Galaxy Bowling knew the pinsetter had problems, yet employers allowed him to crawl into the machine while it was on to fix it."

Waukesha Iron & Metal’s Safety Failures Cited in Death of Maintenance Manager

A 52-year-old maintenance manager died of head and neck injuries after being struck by a forklift at metal recycling facility in Waukesha. Working without head protection, the man was hoisting an oxygen cylinder onto the forklift when the accident occurred.

OSHA found his employer, Waukesha Iron & Metal, did not safely handle compressed gas cylinders or require workers to wear protective head equipment. OSHA also found some forklifts were unsafe and the company did not train employees on operating them safely.

Proposed penalties total $42,000.

"Proper safety training in using forklifts and handling cylinders and protective head safety gear could have prevented this tragedy," said Christine Zortman, OSHA's area director in Milwaukee. "Common-sense safety precautions should always be priority one on any work site."

Deficient Medical Management Leads to Musculoskeletal Injuries at Allen Harim Foods LLC

Allen Harim Foods LLC, a poultry processing plant located in Harbeson, Delaware, was recently inspected by OSHA. Inspectors identified deficiencies in the facility's medical management program that contribute to the likelihood of workers developing serious musculoskeletal disorders. In addition to deficient staffing; inadequate supervision; lack of experience and training on the part of the healthcare providers; and providers working outside their scope of practice, the employer uses a first aid station to evaluate and treat MSDs. Inspectors also found that the employer did not refer injured workers to qualified outside healthcare providers for evaluation and treatment when appropriate and that workers were discouraged from reporting symptoms and injuries.

In June, OSHA cited Allen Harim Foods for a total of nine violations, including a serious citation for the company's failure to address the musculoskeletal disorder hazards.

"The medical management practices at this facility create an environment of fear and distrust," said Erin G. Patterson, OSHA area director in Wilmington. "The use of the first aid station to prevent injuries from being reported as required by law undermines the purpose of on-site treatment and leaves employees at risk of further injury. Discouraging workers from reporting injuries is unacceptable."

MIOSHA Receives Customer Service Award for Investing More Than $1 Million in Worker Safety and Health

The Michigan Occupational Safety and Health Administration (MIOSHA) recently received the William Q. Wierhdt Customer Service Award from federal OSHA for the success of its FY 2015 matching grant program that provided Michigan small businesses with more than $1 million toward worker protections. MIOSHA is part of the Michigan Department of Licensing and Regulatory Affairs (LARA).

The MIOSHA Safety and Health Improvement Program (MiSHIP) offered matching grants of up to $5,000 to employers with 250 employees or less to purchase safety and health-related equipment. Some equipment bought with the grant money included residential fall protection systems, lifting equipment for residential care facilities, confined space monitoring equipment, cooling systems for agriculture-based worksites, and eyewash stations.

“MIOSHA is honored to be nominated by federal OSHA for an initiative that has resulted in significant health and safety improvements across Michigan,” said LARA Deputy Director Wanda Stokes. “Combined with the money put forth by our 73 grant recipients, we’re thrilled to announce that we exceeded our $1 million goal by investing more than $1,077,000 in worker safety and health.”

The program, which was created as part of the agency’s celebration of its 40th anniversary, leveraged employers’ investments in workplace safety to achieve safer and healthier environments for Michigan’s working men and women.

“Employers put forth nearly $792,000 of their own money towards health and safety projects, which demonstrates Michigan businesses’ strong commitment to employee wellbeing,” said MIOSHA Director Martha Yoder. “We look forward to exploring new ways we can partner with employers and employees in the future to continue to advance workplace safety and health.”

The William Q. Wierhdt Customer Service Award is given out annually by federal OSHA to recognize innovative customer service efforts of area offices, regional office units, state plan states, or on-site consultation programs in Region V.

OSHA Renews Alliance with Mexican Consulate in El Paso to Promote Worker Safety and Health

It will last two years. This voluntary alliance provides Spanish-speaking workers with assistance and outreach materials, in Spanish, on workers' rights and OSHA standards.

"The alliance with the Mexican consulate provides OSHA with a great opportunity to provide safety training and outreach in a native language in an effort to keep Spanish speaking workers safe in the workplace," Diego Alvarado Jr., OSHA's area director in El Paso. "Knowledge is the first step of workplace safety and health, and OSHA is committed to ensuring training is provided in a language that workers can understand."

For information about forming an alliance or partnership, contact OSHA's El Paso Area Office at 915-534-6251.

OSHA Renews Alliance with Mexican Consulate in Austin to Promote Worker Safety and Health

This voluntary alliance provides Spanish-speaking workers with assistance and outreach materials, in Spanish, on workers' rights and OSHA standards. 

"The alliance with the Mexican consulate provides OSHA with a great opportunity to provide safety training and outreach in a native language in an effort to keep Spanish speaking workers safe in the workplace," R. Casey Perkins, OSHA's area director in Austin. "Knowledge is the first step of workplace safety and health, and OSHA is committed to ensuring training is provided in a language that workers can understand."

 For information about forming an alliance or partnership, contact OSHA's Austin Area Office at 512-374-0271.

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