Cal/OSHA Targets Construction Sites for Safety Rules Compliance

Cal/OSHA is focusing on safety compliance at construction sites in the San Francisco Bay Area, following a recent series of fatal accidents in the region. Investigators have been deployed to inspect construction worksites throughout the coming weeks to determine whether adequate measures have been taken to identify safety hazards and prevent injury.

“Construction sites present special challenges to worker safety,” said Christine Baker, Director of the Department of Industrial Relations (DIR). “Employers need to have strong safety programs in place and train their workers to follow procedures.” Cal/OSHA is a division of DIR.

Hazards at construction sites include open trenches and moving equipment at ground level, but elevated areas are particularly dangerous. Four recent incidents in California illustrate the danger. On May 21, a worker at a residential project in San Jose fell to his death from a three-story building. On May 20, a worker on a San Mateo project tumbled 9 feet from a wall sustaining fatal head injuries. The same day in San Diego, a worker near the top of 22-foot rebar column was killed when the column fell on him. On May 18, a construction worker was killed when the train bridge he was dismantling in downtown Riverside collapsed, crushing him. All four accidents are currently under investigation by Cal/OSHA.

“Our goal is to raise awareness for everyone working in construction that hazards can be identified and corrected,” said acting Cal/OSHA Chief Juliann Sum. “Preparation and vigilance are vital to preventing workplace fatalities.”

Fall protection will be among the items Cal/OSHA inspectors will be checking during its inspections, from railings on buildings to personal devices such as hooks that attach to vests. Cal/OSHA’s teams will also examine trench safety, equipment safety, and potential site hazards such as power lines. If inspectors find a lack of protection or a serious hazard, they can stop work at the site until the hazards are abated. Employers who fail to comply with Cal/OSHA safety regulations will be cited and ordered to correct the violations.

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?

What’s on OSHA’s 2014 Agenda?

The agenda includes 28 proposed and recently completed regulations. Some of the highlights are listed below. For more information on any of these rules, click on the Regulation Identifier Number in the second column.

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.

Irvine RCRA and DOT Training

Dayton RCRA and DOT Training

Raleigh RCRA, DOT, and EHS Training

Pan-Oceanic Engineering Co. Inc. Fined $147,000 for Failing to Protect Workers from Serious Hazards

 OSHA cited the company for willful violations for again failing to protect workers from trench cave-ins while installing water and sewer lines in November 2013. Proposed penalties total $147,000.

“It is completely unacceptable that Pan-Oceanic Engineering continues to put workers at such great risk,” said Kathy Webb, OSHA’s area director in Calumet City. “Since 2003, this company has been cited multiple times for violations of trenching standards, which result in numerous fatalities and injuries every year. Pan-Oceanic Engineering’s repeat violations demonstrate a lack of commitment to the safety of its workers.”

The company has contested those violations, which carried penalties of $105,600.

OSHA issued two willful violations for failing to ensure workers were protected from cave-in hazards while working in a trench that exceeded 5 feet in depth and failing to support the street pavement above the trench from collapsing on the workers. OSHA standards mandate that all excavations 5 feet or deeper be protected against collapse.  

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. .

One serious violation was issued after a competent person found evidence of potential cave-in hazards and failed to remove employees from the hazardous conditions.

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.

OSHA’s Severe Violator Enforcement Program mandates targeted follow-up inspections to ensure compliance with the law and focuses on recalcitrant employers that endanger workers by committing willful, repeat or failure-to-abate violations. Under the program, OSHA may inspect any of the employer’s facilities or job sites.

Texas A&M University Football Stadium Contractors Cited Following Worker Death

OSHA’s December 2013 investigation found that the Lindamood employee was operating a skid-steer loader to support a 3,340-pound concrete stub while a Texas Cutting & Coring employee used a circular saw to cut the stub from its support column. The stub caused the skid-steer to be overloaded, and it tipped over a ramp wall, falling more than 70 feet to the ground. The loader operator was ejected from the skid-steer when the machine struck a horizontal beam during its fall. The employee died when he fell four stories to the ground.

“These experienced contractors failed to provide employees with safe demolition procedures despite concerns from workers,” said Casey Perkins, OSHA’s area director in Austin. “Employees had to work under the load and directly beside the skid-steer where they could be struck by the equipment or heavy, concrete debris. This disregard for worker safety is unacceptable and will not be tolerated.”

A willful citation, with a penalty of $56,000, was issued to Lindamood for exceeding the operating capacity of the skid-steer loader where the equipment was routinely loaded with concrete until obvious signs of tipping were seen. Texas Cutting & Coring was also cited for a willful violation, with a penalty of $63,000, for exposing workers to the hazard of being struck-by the skid-steer loader and concrete.

Lindamood also received a serious citation, with a penalty of $7,200, for two violations concerning a failure to provide effective fall prevention measures and ensure that stop-logs were used to prevent equipment from falling into open holes. Texas Cutting & Coring was also issued one serious citation, with a penalty of $4,500, for failing to provide fall protection.

 The program focuses on recalcitrant employers that endanger workers by committing willful, repeat, or failure-to-abate violations.

Lindamood, based in Irving, employs about 80 workers, with 20 at this site. Texas Cutting & Coring, based in Round Rock, employs about 118 workers, with 12 on this demolition project. The proposed penalties total $130,700.

River Papers Fined for Exposing Workers to Sulfur Dioxide Vapors

OSHA has cited Flambeau River Papers for failing to protect workers from hazards associated with exposure to sulfur dioxide at the Park Falls paper mill. Sulfur dioxide is used in treating wood pulp for paper manufacturing and can cause numerous adverse effects to the respiratory tract when vapors are inhaled. OSHA cited eight violations, carrying proposed penalties of $42,300.

“Companies, such as Flambeau River Papers that uses hazardous chemicals in its manufacturing process, have a responsibility to train their employees in the hazards associated with exposure to chemicals, such as sulfur dioxide,” said Mark Hysell, OSHA’s area director in Eau Claire. “The severe health effects of hazardous chemicals are completely preventable with proper training and protection, which Flambeau River Papers failed to provide to employees.”

OSHA opened the inspection January 30 under the National Emphasis Program for chemicals and cited Flambeau River Papers for seven serious violations.

Those violations involved failing to document safe operating limits and to comply with good engineering practices for equipment, and for failing to implement a mechanical integrity program. Another serious violation was cited for failing to conduct an annual audit of the lockout/tagout procedures at the facility.

American Made Tires Faces $160,280 Fine for Fire, Mechanical and Electrical Hazards

Because of that inaction, and the discovery of new and recurring hazards during a follow-up OSHA inspection, the company faces an additional $160,280 in proposed fines.

“The company’s inaction exposed employees to ongoing hazards of fire, falls, chemicals, and to being caught in or crushed by unguarded or unexpectedly activated machinery,” said Christopher Adams, OSHA’s area director in Syracuse. “The sizable penalties proposed reflect the severity of these conditions and the employer’s failure to follow through on its obligation and commitment to correct hazards that never should have existed.”

OSHA’s Syracuse Area Office initially cited the company for 16 serious violations of workplace safety standards in July 2013, following an inspection conducted between March and July 2013. American Made Tires agreed to correct the cited hazards and pay the required fine of $20,100. When the company failed to submit proof that it had corrected the hazards, OSHA opened a follow-up inspection in November 2013.

The new inspection found ongoing hazards, including improperly constructed flammable adhesive spray booths located within 20 feet of spark-producing equipment; failure to implement lockout/tagout procedures to protect workers who service or maintain machines; lack of machine guarding for a tire buffer machine; and lack of a communications program and training for employees working with hazardous chemicals.

A failure-to-abate notice applies to a condition, hazard, or practice for which the employer was originally cited, and upon reinspection, was found uncorrected.

Three repeat violations were cited for hazards similar to those cited in the earlier inspection. These included use of hazardous electrical equipment, accumulation of combustible dust and use of a spark-producing grinder in a flammable area. These violations carry $14,080 in fines.

Finally, one serious citation, with a $2,200 fine, was issued for use of a portable electric lamp in a spraying area during operations.

Cintas Receives SHARP Award for Workplace Safety and Health Excellence

Cintas Corporation #354 of Macomb received the prestigious Michigan Safety and Health Achievement Recognition Program (SHARP) award recently for an exemplary safety and health management system.

The Michigan Occupational Safety and Health Administration (MIOSHA) established the Michigan SHARP Award to recognize employers that have achieved workplace safety and health excellence far beyond their peers. The MIOSHA program is part of the Michigan Department of Licensing and Regulatory Affairs (LARA).

“We are very pleased to welcome Cintas Corporation #354 into this elite group of companies who provide outstanding safety and health protection for their workers,” said Stephanie Comai, LARA Deputy Director. “We applaud your success in this industry—while you diligently protect your employees.”

MIOSHA Director Martha Yoder presented the SHARP Award to Rick Toepel, Cintas Corporation #354 General Manager, and the entire Macomb team. Invited guests, management personnel, and employees attended the ceremony.

The Michigan SHARP Program targets small, high-hazard employers—to help them develop, implement, and continuously improve the effectiveness of their workplace safety and health management system. SHARP provides an incentive for employers to emphasize accident and illness prevention by anticipating problems, rather than simply reacting to them.

The MIOSHA Onsite Consultation Program within the Consultation Education and Training (CET) Division operates the Michigan SHARP Program. Onsite consultants work with employers to help them become self-sufficient in managing occupational safety and health. SHARP worksites earn an exemption from “programmed” MIOSHA inspections on a yearly basis.

The North American Industry Classification System (NAICS) Code for Cintas Corporation #354 is 812332 – Industrial Launderer, which is classified as a high-hazard industry. The facility has 121 employees. The MIOSHA onsite review team consisted of Joe Barela, Senior Onsite Safety Consultant, and Tommy Kesterson, Onsite Industrial Hygienist.

In 2012 Cintas Corporation #354 had Total Incident Rate (TCIR) rates and Days Away from Work and Restricted/Transfer Cases (DART) rates below the Bureau of Labor Statistics (BLS) industry average. Their TCIR was 1.61 compared to the BLS rate of 6.0 for this type of industry.

“The Michigan SHARP Program requires a comprehensive consultation visit, and the correction of all serious workplace safety and health hazards,” said Yoder. “Cintas Corporation #354 has developed a safety and health system that provides outstanding protection for their workers.”

The company has an excellent system in place, which incorporates each of the seven required SHARP elements: Hazard Anticipation and Detection; Hazard Prevention and Control; Planning and Evaluation; Administration and Supervision; Safety and Health Training; Management Leadership; and Employee Participation.

The Cintas Corporation is headquartered in Cincinnati; Cintas Corporation provides highly specialized services to businesses of all types primarily throughout North America. Cintas designs, manufactures, and implements corporate identity uniform programs, and provides entrance mats, restroom supplies, tile and carpet cleaning, promotional products, first aid, safety, fire protection products and services, and document management services for approximately 900,000 businesses. Cintas operates approximately 430 facilities in the US and Canada, including six manufacturing plants and nine distribution centers that employ approximately 30,000 people.

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