The company faces $211,000 in proposed fines as a result of four inspections at Montana facilities in Cut Bank, Glendive, Denton, and Valier.
Cenex Harvest States' grain operations have been inspected 15 times since November 2008, which resulted in findings of multiple violations. Of those 15 inspections, five were at facilities in Montana, four in North Dakota, three in Iowa, two in Kansas, and one in Texas. One of the Kansas inspections followed the death of a worker on June 29, 2010, who fell into an inadequately protected grain bin.
"Grain dust can be dangerous—and is more explosive than coal dust. Exposing employees to excessive levels of this fugitive dust and failure to provide rescue equipment for workers entering confined spaces can cause death or permanent disability," said Jeff Funke, OSHA's area director in Billings. "OSHA's standards exist to protect workers and must be followed to prevent these types of injuries."
OSHA issued three repeat violations to Cenex for failing to test the air quality in permit-required confined spaces for hazardous gases, contaminants, combustible dust, or lack of oxygen prior to allowing entry by workers; for failing to have effective procedures to remove fugitive grain dust accumulations; and for failing to have safe electrical equipment in combustible dust areas. A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years.
The serious violations identified during the latest investigations by OSHA include inadequate confined space entry and recovery procedures, which can cause immediate death, incapacitation or impede the ability to be rescued; inadequate machine guarding, which exposes workers to amputations and lacerations; obstructed exit routes, which can lead to entrapment and engulfment; and live exposed electrical wiring. A serious citation is issued when there is a substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.
Employers, especially those in high hazard industries such as the grain industry, must recognize as well as prevent workplace hazards.
Following a record number of grain entrapments in 2010 when 31 workers lost their lives, OSHA launched an education and enforcement initiative—that included outreach and compliance assistance—to prevent engulfments and fatalities in grain bins.
Cenex Harvest States, Inc., has more than 10,000 employees in the US. The company is headquartered in St. Paul, Minnesota, and operates through global grain marketing offices in North America, South America, Europe, and Asia. The company purchases grain for domestic processing, feeding livestock, and producing renewable fuel.
Confinement, limited access, and restricted airflow can result in hazardous conditions that would not normally arise in an open workspace. Confined spaces may include underground vaults, tanks, storage bins, pits and diked areas, vessels, silos, and other similar areas.
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?
Did You Miss OSHA’s December 1 GHS Hazard Communication Training Deadline? Use Environmental Resource Center’s GHS OSHA Hazard Communication Training PowerPoint
With OSHA’s adoption of the Globally Harmonized System (GHS) for the classification and labeling of hazardous chemicals, virtually every chemical label, MSDS—now called Safety Data Sheet (SDS), and written hazard communication plan must be revised to meet the new standard.
OSHA’s December 1, 2013, deadline under the revised Hazard Communication Standard required that all employees at your site who work with, or are exposed to, hazardous chemicals be trained to understand the new classification system, labels, warning statements, precautions, pictograms, and safety data sheets for chemicals at your worksite.
Environmental Resource Center is making available a PDF presentation or a customizable PowerPoint that you can use for on-site worker training. The training program, which is designed to cover your site’s GHS Hazard Communication training requirements, is in a format that is easy to understand.
Price and options:
Multiple PDF copies can be purchased for $99/copy (1–10), $79/copy (11–20), or $69/copy (21+).
Multiple PowerPoint copies can be purchased for $199/copy (1–10), $179/copy (11–20), or $169/copy (21+).
Options*:
1. Customized PowerPoint: Send us your written GHS hazard communication plan and 10–20 safety data sheets. We’ll create a custom training program for your site: $899
2. If you have not updated your hazard communication plan, let Environmental Resource Center update it for you: $799
3. Customized PowerPoint and hazard communication plan: $1600
*Call 800-537-2372 for Spanish pricing.
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.
St. Louis RCRA and DOT Training
Charlotte RCRA, DOT, and SARA Training
Hilton Head RCRA and DOT Training
American Sheet Metal Fined $124,000 for Exposing Workers to Serious Safety Hazards
The company's Houston facility received four failure-to-abate violations, with a proposed penalty of $124,000.
OSHA's Houston North Area Office began its most recent investigation of American Sheet Metal on November 26, 2013, after the company failed to provide the agency with proof of abatement regarding safety hazards found during an inspection on July 24, 2013. As a result of the July inspection, OSHA cited American Sheet Metal with a proposed penalty of $11,600, which the company has not paid.
Following the November 2013 inspection, the company was cited for failing to guard dangerous machinery to prevent worker injuries, install seat belt on a forklift, and repair broken fastener for a forklift fuel cylinder. A failure-to-abate condition exists when a previously cited violation continues unabated and the abatement date has passed. The date to complete the abatement was August 27, 2013.
"American Sheet Metal was given adequate time to correct the hazardous conditions found at its facility, but has done nothing to abate the violations and continues to expose workers to hazards," said David Doucet, OSHA's area director in the Houston North Area Office. "The employer is responsible for providing a safe workplace and protecting its employees. OSHA's primary concern is ensuring that the company lives up to its responsibility. Anything less is unacceptable."
Absolute Waste Removal Ordered to Reinstate Driver and Pay $123,203 in Compensation
. Headquartered in Clear Lake, Iowa, Absolute Waste Removal was ordered to reinstate the driver to his former position with all pay, benefits, and rights, in addition to paying back wages of $23,203, plus interest. OSHA ordered the company to pay $50,000 in compensatory and $50,000 in punitive damages and reasonable attorney's fees.
"An employer does not have the right to retaliate against employees who report work-related injuries or safety concerns," said Marcia Drumm, acting regional administrator for OSHA in Kansas City, Missouri. "OSHA is committed to protecting all workers from retaliation for exercising basic worker rights."
The driver was terminated from employment on February 27, 2013, after raising repeated concerns to the company's owner about new procedures being implemented. The employee rightfully refused to operate a vehicle in an unsafe manner because such operation would violate American National Standards Institute (ANSI) and US Department of Transportation regulations, potentially causing serious injury to the worker, co-workers, or the public.
STAA covers private sector drivers and other employees of commercial motor carriers. Companies covered by STAA may not discharge their employees or retaliate against them for refusing to operate a vehicle that would violate a federal commercial motor vehicle rule related to safety, health, or security, or because they had a reasonable apprehension of serious injury to themselves or to the public related to a vehicle's safety or security condition.
Either party in these cases can file an appeal with the department's Office of Administrative Law Judges.
OSHA enforces the whistleblower provisions of the STAA and 21 other statutes protecting employees who report violations of various airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health care reform, nuclear, pipeline, worker safety, public transportation agency, maritime, and securities laws.
Employers are prohibited from retaliating against employees who raise various protected concerns or provide protected information to the employer or to the government
Dixie Tank Company Exposes Workers to Toxic Hexavalent Chromium
Serious safety and health violations for exposing workers to dangerous welding fumes and other hazards have prompted citations for Dixie Tank Co., in Jacksonville, Florida. The proposed penalties total $106,100.
Hexavalent chromium is known to cause cancer. In addition, it targets the respiratory system, kidneys, liver, skin, and eyes. Chromium metal is added to alloy steel to increase hardenability and corrosion resistance. A major source of worker exposure to hexavalent chromium occurs during "hot work," such as welding on stainless steel and other alloy steels containing chromium metal.
"Employers must ensure that workers are protected from serious hazards to their health," said Brian Sturtecky, OSHA's area director in Jacksonville. "It is critically important that employers, such as Dixie Tank, take effective steps to monitor, identify, and reduce exposure levels to safeguard their employees' health."
Nineteen serious violations involve the employer: exposing workers to hexavalent chromium above eight hour exposure limit set by OSHA; failing to conduct initial monitoring of hexavalent chromium to determine the eight hour exposure average; failing to provide medical surveillance for employees exposed to hexavalent chromium for more than 30 days and failing to provide appropriate respirators for workers. Additionally, the employer failed to ensure all hoist load hooks were equipped with a safety latch to avoid struck-by hazards, and to protect employees working adjacent to the welding area from ultraviolet welding arcs.
Dixie Tank manufactures carbon and stainless steel tanks, pressure vessels, water heaters, filters, and custom fabrications for the water, water treatment, hot water, and industrial markets. Its facility covers more than six acres, with approximately 78,000 square feet of manufacturing area.
OSHA has conducted six previous inspections at the Dixie Tank facility. Most recently, in February 2009, the company was cited for noise, respirators, and confined space violations.
Aerotek Inc., a multinational staffing agency, provides Dixie Tank with temporary workers. Dixie Tank was providing the daily supervision, training, and direction for the three temporary workers employed at the facility at the time of the inspection.
Union Pacific Railroad Ordered to Reinstate Injured Employee, Pay Damages
Union Pacific Railroad has been ordered to reinstate an injured employee and pay the worker more than $85,000 in damages following an investigation by OSHA.
Union Pacific has been ordered to pay $10,000 in compensatory and $75,000 in punitive damages, as well as reasonable attorney's fees. Back wages were not sought.
"An employer does not have the right to retaliate against employees who report work-related injuries and safety concerns," said Marcia P. Drumm, OSHA's acting regional administrator in Kansas City. "Whistleblower protections play an important role in keeping workplaces safe. Workers should never be forced to choose between safe work practices and keeping their job."
OSHA's investigation upheld the employee's allegation that the railroad terminated his employment in retaliation for reporting an injury and for reporting that a company chair was allegedly defective. The employee suffered an injury to his back on October 15, 2012, when the chair he was using collapsed. The employee reported his injury to his supervisor and submitted a personal injury report, noting that the condition of the chair contributed to his injuries.
After the employee reported his injuries, the railroad removed him from service and accused him of violating the company's workplace violence policy and other work-related rules, and subsequently terminated the employee.
OSHA's investigation, however, found that the railroad terminated the employee in retaliation for having engaged in protected conduct under the FRSA, and that the railroad had engaged in hostility toward the employee for reporting the injury.
Either party in these cases can file an appeal with the department's Office of Administrative Law Judges.
Metal & Wire Products Co. Exposes Workers to Amputation, Other Hazards
Metal & Wire Products Co., Inc., which manufactures metal parts for recreational vehicles, has been cited for 25 safety and health violations by OSHA at its Salem facility. Proposed penalties total $72,800.
"Careful operation and safety precautions are vital when operating power presses because of their use in high-production manufacturing and the amount of operator involvement. Injuries related to machinery and equipment often result in death or permanent disability," said Howard Eberts, OSHA's area director in Cleveland. "OSHA's inspection found multiple violations of these safety standards.
Several of the 21 serious violations involved unsafe operation of mechanical power presses, including: failing to have disconnect switches and control reliability, lack of brake monitoring safeguards, failing to establish a die-setting procedure and failing to use safety blocks and test and inspect presses at least weekly.
Other serious violations involved failing to develop energy control procedures for placement of lockout/tag out devices and to inspect such procedures at least annually; lack of training on hazardous energy; inadequate machine guarding; failing to provide strain relief for electrical equipment; lack of fire extinguisher training; and failing to provide an eye wash station and cut resistant gloves.
Metal & Wire Products Co., was also cited for four other-than-serious violations involving failing to annually inspect fire extinguishers, post the load rating on an overhead storage area, provide training on the global harmonization system, and certify and date the workplace hazard assessment. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.
Follow-Up Inspection Finds 14 Violations at Universal Concrete Products Corp.
OSHA has cited Universal Concrete Products Corp., after a follow-up inspection that began in December 2013 at the company's Pottstown, Pennsylvania, plant. The manufacturer of precast concrete faces $58,753 in proposed penalties for 14 health and safety workplace violations, including 10 repeat violations and four serious citations.
"Universal Concrete continues to jeopardize the safety and health of its workers by failing to correct dangerous conditions," said Jean Kulp, OSHA's area director in Allentown. "OSHA's safety and health standards exist to prevent injuries and fatalities. It is the employer's responsibility to protect its workers by following these standards."
Fines totaled $61,286. An informal settlement agreement was reached on August 2012.
The new repeat violations include failure to provide workers with required safety and health training on respirator use; the safe use of powered industrial trucks; hazardous workplace chemicals and means of prevention; and the safe procedures to follow to prevent accidental machine startup when servicing a machine. In addition, the company was cited for exposing workers to electrical hazards, failing to conduct required safety inspections on mobile cranes, and four other serious violations.
Kuechle Underground Fined after Worker's Leg is Broken when Trench Wall Collapses
Kuechle Underground, Inc., has been cited with one willful safety violation by OSHA for failing to protect workers from cave-in hazards. OSHA initiated the inspection after an employee's leg was broken when a trench wall collapsed while he was installing residential sewer lines in Mapleton. OSHA has proposed fines of $46,200 for the Kimball, Minnesota-based company, which specializes in sewer installation and placed the company in the Severe Violator Enforcement Program.
"It is unconscionable for employers, in this modern age of safety, to have employees working in excavations without adequate protection," said Eric Brooks, OSHA's area director in Bismarck. "OSHA implemented a trenching and excavation special emphasis program in the 1980s to address these hazards. Companies, such as Kuechle Underground, should be well-aware of the necessary safety procedures required to protect their workers."
On October 31, 2013, the worker was operating a gas-powered soil packing machine and tamping down the sand surrounding the newly installed sewer line when a portion of the nearby trench wall collapsed on his leg, causing the injury. The excavation was approximately 19 feet deep.
The willful violation cites the company for failing to protect workers in an excavation and remove them from a hazardous situation that could result in a possible cave-in. 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.
OSHA standards mandate that all excavations 5 feet or deeper be protected against collapse.
Kuechle Underground, Inc., has been previously cited by the Minnesota Occupational Safety and Health Administration for multiple violations of trenching standards.
Under the program, OSHA may inspect any of the employer's facilities or job sites.
Rogers Roofing Faces Proposed Penalties of $44,660 for Exposing Workers to Fall Hazards
Rogers Roofing, Inc., has been issued citations for two safety violations by OSHA for exposing workers to fall hazards at a residential site on February 28. Proposed penalties for the company, which has been cited by OSHA six times in the past six years for similar violations, total $44,660.
"Falls remain the leading cause of death in the construction industry. Failing to protect construction workers on roofs from falls is inexcusable," said Kathy Webb, OSHA's area director in Calumet City. "Employers, such as Rogers Roofing, are repeatedly placing workers' safety and lives at risk by failing to abide by existing safety standards.
OSHA found that roofers were working without required means of fall protection, such as a personal fall arrest system, creating a potentially hazardous work environment.
Rogers Roofing, based in Hammond, Indiana, was issued one willful violation for failing to protect employees from falls, as well as a serious violation for allowing workers to carry any objects or loads while accessing the roof that could cause them to lose balance and fall.
Last year, nearly 300 workers were fatally injured in construction-related falls nationwide. OSHA will hold a national safety stand-down from June 2–6 to raise awareness among employers and workers about the hazards of falls. During the stand-down, employers and workers are asked to pause during their workday to talk about fall prevention in construction, and discuss topics like ladder safety, scaffolding safety, and roofing work safety. Afterwards, employers will be able to provide feedback and receive a certificate of participation.
The page offers fact sheets, posters and videos that vividly illustrate various fall hazards and appropriate preventive measures. OSHA standards require that an effective form of fall protection be in use when workers perform construction activities 6 feet or more above the next lower level.
OSHA Finds Serious Violations at K. Dolan Corp. Following Worker Fatality
On October 18, 2013, laborer Edward M. Ulicne and a foreman were inspecting the inside of a vacuum tank on an industrial vacuum truck at paving contractor K. Dolan Corp's Blairsville, Pennsylvania, facility. Operating the hydraulic controls to the rear door of the tank, the foreman closed the rear door, pinning Ulicne between the door and frame of the tank. He died from his injuries on October 22. The OSHA initiated an inspection of the company following the incident, and cited 17 safety violations, including nine serious violations.
"This was a terrible, preventable tragedy that underscores the importance of following OSHA's standards to control hazardous energy by implementing a lockout program to protect workers who service or maintain machines," said Christopher Robinson, director of OSHA's Pittsburgh Area Office. "Employers must ensure that workers are protected from hazards and that procedures are in place to prevent senseless injury or death."
The nine serious violations included K. Dolan Corp.'s failure to: establish a lockout/tagout program and procedures to protect workers from moving parts of a machine during servicing and/or maintenance activities; properly guard floor holes; evaluate the vacuum truck to determine if a permit required confined space before employees entered it; train employees expected to use a portable fire extinguisher to fight an incipient stage fire; train employees on the safe operation of an industrial forklift; and anchor a pedestal drill press to the floor.
Eight other-than-serious citations were also cited, and included: the employer's failure to report the death of a worker; the workplace not being evaluated to determine if hazards were present and necessitated the use of personal protective equipment; and the continued use of a defective forklift despite it not being in safe operating condition.
Proposed penalties total $23,800.
Cal/OSHA Fines Butler Amusements over $100,000 for Willful Violations at Big Fresno Fair
Cal/OSHA fined Butler Amusements, Inc., $101,250 following an investigation which found that the temporary amusement ride operator knowingly conducted rides after key bolts and cross bracing had been removed. The compromised rides included the Giant Wheel and Flying Bobs rides at the Big Fresno Fair in October of 2013.
“When the safety of riders is put at risk, we make sure immediate steps are taken to correct any existing hazards,” said Christine Baker, Director of the Department of Industrial Relations (DIR). Cal/OSHA, also known as the Division of Occupational Safety and Health (DOSH) is a division of DIR.
Cal/OSHA initiated the public safety inspection after receiving a confidential tip about safety concerns at one of the rides owned by the Beaverton, Oregon-headquartered company. The Cal/OSHA investigator observed several patrons on the compromised attractions, including a local news crew and fair mascot on the Giant Wheel ride. The Giant Wheel was missing all the 12 bolts associated with the support leg flanges and the Flying Bobs was missing all of the lower cross bracing used for structural support. When the imminent hazard was brought to the attention of the representative accompanying the investigator, Butler Amusements voluntarily stopped the rides and the patrons disembarked with no injuries.
“Thankfully these violations were found before anyone was hurt,” said acting Cal/OSHA Chief Juliann Sum. “Nevertheless, when amusement park machinery is used without strict attention to safety requirements, citations will be issued.”
The initial inspection revealed three willful serious violations of California’s public safety regulations. The violations include Butler Amusement’s failure to maintain amusement ride equipment according to the manufacturer’s safety recommendations, failure to ensure proper installation of all fastenings, and use of the rides without necessary supports. Each violation carries a $33,750 penalty.
Cal/OSHA issues citations for serious violations if there is substantial probability that death or serious physical harm could result from a condition which exists. Violations are classified as willful when evidence shows that an employer is aware that a hazardous condition exists but makes no reasonable effort to eliminate it.
Cal/OSHA helps protect workers from health and safety hazards on the job in almost every workplace in California, and oversees programs promoting public safety on elevators, amusement rides, and ski lifts.
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