Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels issued the following statement: “I would like to thank the US Attorney’s Office and the US Department of Labor’s Office of Inspector General for all their hard work on this case. No penalty can bring back the life of this employee, but the outcome in this case will send a clear message that when employers blatantly and willfully ignore worker safety and health responsibilities, resulting in death or serious injury to workers, or lie to or obstruct OSHA investigators, we will pursue enforcement to the fullest extent of the law, including criminal prosecution.”
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
Cleveland RCRA and DOT Training
Cary RCRA, DOT, IATA/IMO, and SARA Training
Anaheim RCRA and DOT Training
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.
Hartman Construction Fined $560,000 Fine for Employee Death
The Alaska Department of Labor and Workforce Development has issued eight citations against Hartman Construction & Equipment, Inc., and fined the company $560,000 for its willful failure to adhere to safety standards. The citations and fines are the result of an investigation conducted after the death of employee Samuel Morgan. Mr. Morgan, who was 23 years old, died at an Anchorage worksite near 91st Street west of King Street on June 16, 2015, when he was partially buried in a trench collapse and then mangled by the construction company’s equipment.
The investigation revealed numerous safety violations at the construction site, including the employer’s basic failure to provide a safe workplace. Other safety violations included failure to provide adequate access and egress from the trench, failure to protect employees from loose rock and soil, failure to properly locate spoil piles, failure to use a protective system in the excavation, and failure to properly bench or slope the excavation. Prior to the fatality, the employer identified a section of the trench wall that had sloughed off and marked the area with traffic cones, yet the protective trench box at the site was not assembled to allow for its use and there were no ladders at the site for safe trench access at the time of the incident.
Mr. Morgan was in the trench when an unguarded wall sloughed off and buried him to the waist. David Hartman, a partial owner of the company, and other employees tried to free Mr. Morgan from the collapsed trench using two excavators and fatally injured him in the process. The State Medical Examiner determined that Mr. Morgan’s injuries resulted from being struck by construction equipment.
“My heart goes out to the family of Samuel Morgan. This avoidable tragedy deserves the full attention of every employer in the construction industry,” said Labor Commissioner Heidi Drygas. “Every employer who has ever thought about cutting corners on safety should view this case as a severe warning that failure to provide the necessary and adequate protections for Alaska’s workers will not be tolerated.”
The citations, which carry the maximum penalty allowed under the law, were issued as willful due to the indifference the employer exhibited toward following occupational safety and health standards. The employer has the right to formally contest each of the alleged violations outlined in the citations.
Case Farms’ Ohio Fined $462,000 for Deficient Ammonia Refrigeration Systems
The leading supplier of fast food and supermarket chicken has racked up more than $1.87 million in fines from OSHA this year for exposing workers to multiple safety and health violations.
. Proposed penalties total $308,000. The company’s Canton facility faces an additional $154,000 in penalties after OSHA cited it for five repeated and three serious violations on December 1.
“Case Farms needs to protect its workers. Period,” said Dr. David Michaels, assistant secretary of labor for occupational safety and health. “The company has a 25-year track record of failing to comply with federal workplace safety standards. OSHA will remain vigilant until the company keeps its workers safe by making needed improvements to equipment, procedures and training.”
OSHA cited Case Farms in 2011 for many of the same violations. Inspectors found the company lacked clear, written operating procedures, failed to test and inspect systems, and did not provide adequate training for workers.
Case Farms has more than 10,000 lb of ammonia in its refrigeration system at each plant. Exposure to ammonia can cause serious respiratory illness, and the accidental release of ammonia from pressurized pipes and vessels may have catastrophic consequences.
OSHA also determined that the company failed to do the following:
- Provide hepatitis B vaccine for workers exposed to bloodborne pathogens
However, follow-up inspections led to the issuance of citations on May 28, 2015, and most recently on August 13, 2015.
The agency proposed penalties of $424,600 as a result of those inspections. Case Farms has contested all citations issued.
Idaho & Sedalia Transportation Co. Ordered to Pay $332,000 to Employee Fired for Reporting Injury
OSHA has ordered the company to give the employee his job back and pay more than $332,469 in back wages and damages, as well as reasonable attorney's fees.
Investigators determined the Sedalia-based transportation company disciplined the five-year employee after he reported injuries sustained February 1, 2014. After the technician asked the company for reimbursement of medical co-payments, Idaho & Sedalia required him to submit a second injury report, and then threatened to discipline him for filing it late. Without a thorough investigation, the company terminated him on June 12, 2014, for allegedly making harassing and threatening statements.
OSHA ordered Idaho & Sedalia to reinstate the technician and pay him $154,749 in back wages, plus interest minus applicable employment deductions, as well as $177,720 in punitive and compensatory damages and reasonable attorney's fees. The company also must remove disciplinary information from the employee's personnel record and provide information about whistleblower rights to its employees. Prior to this incident, the employee had never been disciplined.
"It is disheartening that this employee was ultimately terminated because he exercised his rights and reported a work-related injury. Even more egregious is that, without a thorough investigation, the company accused a loyal employee of making harassing and threatening statements to other workers," said Marcia P. Drumm, OSHA's regional administrator in Kansas City. "Whistleblower protections play an important role in keeping workplaces safe. It is illegal to discipline an employee for reporting an injury and seeking medical attention, and it puts everyone at risk."
Any of the parties in this case can file an appeal with the department's Office of Administrative Law Judges.
Employers are prohibited from retaliating against employees who raise various protected concerns or provide protected information to the employer or to the government.
Wyman Gordon Fined $145,600 for Mechanical and Electrical Hazards
OSHA’s Springfield, Massachusetts, Area Office performed an inspection in response to a complaint regarding workplace safety at the plant. The inspection identified several new and recurring hazards. The latter included electrical panels damaged by forklifts, blocked access to electrical panels, as well as failure to adequately guard band saws and a milling machine to ensure employees did not come into contact with the machines’ operating parts. OSHA had previously cited Wyman Gordon in 2013 and 2011 for similar hazards at this plant and at one in Cleveland, Ohio.
Newly identified hazards included inadequate emergency exit signage; blocked access to fire extinguishers; slip, trip, and fall hazards; damaged insulation on electrical cords; exposed electrical conductors and employees not wearing seat belts while operating powered industrial trucks.
Proposed penalties total $145,600.
“These conditions expose plant employees to the hazards of electric shock, lacerations, amputation, slips, trips, falls, struck-by, and crushing injuries and prevent them from quickly exiting the workplace in the event of an emergency. Wyman Gordon must take prompt, effective, and ongoing action to correct these conditions and prevent them from happening again,” said Mary Hoye, OSHA’s area director for central and western Massachusetts.
Workers Exposed to High Levels of Methylene Chloride at Illinois Truck Repair Facility
When workers inhale and absorb the solvent through the skin, it can harm the heart and nervous system.
"Proper respiratory protection and monitoring are vital when workers use solvents containing methylene chloride to strip, degrease and clean equipment," said Tom Bielema, OSHA's area director in Peoria. "Employers using chemicals in the workplace must take all precautions to protect the long-term health of workers."
OSHA opened an investigation at the facility after receiving a complaint alleging unsafe working conditions. The agency found numerous violations including the following:
- Exposing workers to fall hazards
- Allowing workers to consume food in areas where toxic materials were present
ITC Manufacturing Fined $131,000 After Two Workers Suffer Amputations
For the second time in 2015, OSHA issued citations to ITC Manufacturing for violating federal workplace safety and health regulations. OSHA cited the company for 25 serious violations on December 9. Proposed penalties total $131,000.
“It is unacceptable for a worker to be injured or killed on the job. When a fatality and two amputation injuries occur at a business within six months, safety is not a priority,” said Deborah Zubaty, OSHA’s area director in Columbus. “ITC Manufacturing needs to address its numerous deficiencies at the facility immediately and resolve to make facility safety a priority.”
OSHA inspections that resulted in the December citations found the following:
- On May 28, 2015, a machine operator suffered partial amputation of a left middle finger when it caught in the pinch point of a roll-forming machine as he adjusted a cutting die. The 44-year-old employee had been employed at the plant for four months.
- On September 14, 2015, a 31-year-old employee also suffered partial amputation of his left middle finger while operating a shear press used to cut wire.
In addition to amputation hazards, investigators found workers were exposed to the following:
Longhorn Contractors Cited After Worker Suffers Fatal Fall
Gabriel Palacios died after falling 35 feet from a roof while working for San Antonio-based Longhorn Contractors.
OSHA cited the serious violations for failing to perform inspections and provide prompt medical attention and proper fall protection. The agency cited the repeated violations for not enforcing the use of fall protection or providing fall protection training. The other violation was for failing to report the fatality within 8 hours.
"Gabriel Palacios' tragic death occurred because Longhorn Contractors neglected to do the right thing and continued to expose workers to falls, which ultimately took the life of a 20-year employee," said Casey Perkins, OSHA's area director in Austin, of the Kyle investigation.
In a second investigation of the company on August 27, 2015, an OSHA inspector observed a fall hazard at a construction work site in Live Oak. OSHA cited the company for three repeated and one serious violation. The agency cited the repeated violations for failing to provide fall protection and to address the safety and design of scaffold platforms. The serious violation was cited for using unstable objects as a work platform.
"Longhorn Contractors has failed to address safety hazards from seven previous OSHA citations dating back to 2008. The company continues to expose workers to preventable hazards," said Alejandro Porter, OSHA's area director in San Antonio, regarding the Live Oak investigation. "OSHA will stay vigilant to ensure the employer adheres to necessary safety requirements to protect personnel."
Lyon LLC Fined $76,000 for Exposing Painters to Excessive Dust
Responding to a complaint of unsafe working conditions, inspectors observed employees over-exposed to noise and dust hazards while manually powder coating metal products in two of the company’s paint booths.
OSHA’s September 24, 2015, exposure readings indicated that at least two workers were exposed to dust and particles at more than six times the permissible exposure limit.
OSHA also found the company failed to:
- Use gauges or alarms to monitor air velocity in the paint booth
- Operate exhaust fans in paint booths to reduce hazards
- Install automatic sprinklers or other extinguishing equipment for fire safety
- Clean dust and paint residue in a manner to prevent further exposure
- Illuminate exit signs
“Breathing in contaminates can cause long-term damage to the lungs, respiratory system and lead to major health complications,” said Tom Bielema, OSHA’s area director in Peoria “Companies like Lyon must be aware of the hazards associated with metal dust present in its facility and take all actions necessary to control the health risks to employees.”
Proposed Penalties total $76,000.
Cal/OSHA Cites Poway Energy Technology Company $58,025 for Industrial Flywheel Explosion that Injured Four Workers
Cal/OSHA recently cited Quantum Energy Storage Corporation in Poway $58,025 for a June 10 explosion caused by an out-of-control 11,000 lb metal flywheel. One worker suffered a broken ankle and three others were treated for abrasion injuries caused by flying debris from the explosion.
“California employers must take precautions to protect employees from on-the-job hazards, including machinery operated in closed, confined spaces,” said Cal/OSHA Chief Juliann Sum. “The workers harmed by this explosion could have died because the employer did not secure or cover the flywheel to prevent the release of mechanical energy.”
Cal/OSHA investigators learned that the nearly seven feet in diameter flywheel was placed in a concrete vault area installed in the warehouse for tests of the energy storage system. Prior to the accident, the flywheel was spinning at 6,000 rotations per minute, and had just begun the process of winding down when it failed. The flywheel came loose from its moorings and crashed into the vault’s guard rails, causing enough damage to the building’s roof, interior, and walls that the building was deemed unsafe to enter after the accident.
No steps had been taken to enclose the vault or minimize hazards where the employees worked. Computer stations were not located at a safe distance nor were they designed to limit employee exposure in the event of uncontrolled release of electrical or mechanical energy.
The citations included five that were serious in nature and one classified as serious accident-related. A serious violation is cited when there is a realistic possibility that death or serious harm could result from the actual hazardous condition.
Echo Environmental Waverly LLC Fined $56,850 for Lead Hazards
OSHA initiated the inspection in June 2015 after receiving a complaint alleging workers were exposed to lead hazards at the Waverly, Ohio, facility.
The agency found the company:
- Failed to monitor exposure levels
- Allowed food and beverages to be consumed in areas where lead was likely present
- Failed to properly label containers with material containing lead
“Occupational exposure to lead can cause long-term health effects,” said Ken Montgomery, OSHA’s area director in Cincinnati. “The company must make immediate changes to its procedures to ensure workers are not exposed to lead or carrying it home with them from their shift.”
The company recycles cable boxes, and extracts and sells metals. The Waverly facility is a subsidiary of Elemetal, LLC, of Dallas.
Proposed penalties total $56,850.
AWS Roofing Fined $56,000 for Exposing Workers to Fall Hazard
Inspectors OSHA observed AWS Roofing employees installing metal roofing on a new three-story multi-family building without fall protection.
Proposed penalties total $56,000.
"Falls in construction continue to be a leading cause of occupational fatalities," said Brian Sturtecky, OSHA's area director in Jacksonville. "Employers have a legal obligation to ensure their workers can perform their duties safely, which includes providing any necessary equipment, such as a fall protection system, on all job sites."
Vallencourt Fined Almost $54,000 for Cave-In Hazards
OSHA issued the employer a willful citation for allowing employees to work in a 7-foot deep excavation without cave-in protection, while installing new water and sewer lines. OSHA requires that all trenches and excavation sites 5-feet or deeper be protected against sidewall collapses. Protection may be provided through shoring of trench walls, sloping of the soil at a shallow angle or by using a protective trench box. The serious violation was cited for the employer's failure to provide proper lifting equipment. Proposed penalties total $53,900.
"An unprotected trench or excavation can collapse suddenly without any warning, resulting in serious or fatal injuries," said Brian Sturtecky, OSHA's area director in Jacksonville. "There is no justification for an employer to risk worker safety when they know the dangers they are exposing their workers to, but choose to ignore them."
Propane Explosion at Blue Rhino Leaves Six Workers Severely Injured
For employees working with hazardous substances, an oversight can be disastrous—an unfortunate lesson learned by six Florida workers at a Blue Rhino propane tank refurbishing facility in Taveras who were injured during a fire.
On July 29, 2013, as night-shift workers prepared tanks for paint removal in a storage yard, a worker called in a forklift to move some tanks. . A fireball swept through the storage facility, injuring six workers and severely burning four.
Blue Rhino agreed to pay penalties totaling $52,000. Additionally, the agreement requires Blue Rhino to complete the abatement of all hazards within 60 days of signing the settlement.
“This settlement is an important step toward protecting these workers and ensuring that all employers are monitoring and removing hazards from the workplace,” said Kurt Petermeyer, OSHA’s regional administrator in the Southeast.
A leading propane tank exchange brand, Blue Rhino distributes propane at approximately 875 US locations. The company also designs and markets barbecue grills, outdoor heaters, mosquito traps, and outdoor appliances. Founded in 1939 and based in Overland Park, Kansas, Blue Rhino is a subsidiary of Ferrellgas Partners LP.
Ray Clearing Inc. Fined $35,200 for Safety Hazards
On December 4, 2015, OSHA issued citations for 22 serious and one other-than-serious violation to Ray Clearing, Inc. OSHA's Charleston Area Office initiated an inspection on August 4, 2015, under its local emphasis program focused on logging.
Other serious violations include employees exposed to falls and crushing injuries when permitted to ride as passengers on mobile vehicles without an assigned seat and seat belt, and a chainsaw that was operated with a broken chain catch which exposed employees to a struck-by hazard involving a broken or dislodged chain. Proposed penalties total $35,200.
In 2013, 10% of all occupational fatalities in West Virginia occurred in logging.
"Logging is an inherently dangerous industry, and when the necessary safeguards are not utilized, workers are left vulnerable to hazards that can result in serious injuries and possibly death," said Prentice Cline, director of OSHA's Charleston Office. "Employers have a legal obligation to ensure workers have a safe and healthy workplace, and will be held accountable when they fail to do so."
Cal/OSHA Cites M&W Pumps for Electrocution Fatality and Serious Injury
Cal/OSHA recently announced that water well services company M&W Pumps, Inc., from Santa Maria was at fault for an electrocution accident that killed one worker and seriously injured another in June when a pump hoist made contact with a live overhead power line.
The investigation revealed that the team failed to maintain the minimum10-foot distance requirement to prevent accidental contact with overhead lines carrying between 600—50,000 volts.
“When employers send their workers near overhead power lines with hoists or other high equipment, they must take special precautions to keep their workers safe," said Cal/OSHA Chief Juliann Sum. “If M&W Pumps had put required safety measures in place, these workers’ lives would not have been put at risk.”
The two workers were using the pump hoist on June 6 to install an underground well on rural land east of Santa Maria. Cesar Montelongo-Pulido, a 21-year old rig operator’s assistant, was holding the hoist line while Daniel Moreno, a 25-year old rig operator, manned the controls on the hoist. The pump hoist made contact with a live 12,000-volt power line overhead during the operation, killing Montelongo-Pulido and severely injuring Moreno.
Cal/OSHA cited M&W Pumps, Inc., $16,895 for six violations including one serious and one serious accident-related in nature. M&W Pumps, Inc., was found at fault for failing to follow high voltage safety orders, requiring that employers notify the high-voltage power line company if equipment will approach closer than 10 feet—this serious violation was determined to contribute directly to the accident.
The other serious violation was issued for failing to evaluate hazards and implement necessary safeguards to minimize workers’ exposure to harm, including the potential contact with overhead power lines. Serious violations are cited when there is a realistic possibility that death or serious harm could result from the actual hazardous condition.
Citations were also issued for the employer’s failure to mark controls on the pump hoist to indicate the function or direction of motion, and for failure to establish a program of preventative maintenance of the pump hoist.
Pilot Rock Receives Award for Second Year in SHARP
Oregon OSHA has announced that Boise Cascade Company’s sawmill in Pilot Rock has received an award for completing its second year of involvement in the Safety and Health Achievement Recognition Program (SHARP).
SHARP provides an incentive for Oregon employers to work with their employees to find and correct hazards, develop and implement effective safety and health programs, and continuously improve. The program aims to encourage employers to become self-sufficient in managing workplace safety and health issues. Currently, about 28 employer locations in Oregon participate in SHARP. That’s in addition to about 142 employers that have graduated from the program. An employer becomes a graduate when it completes five years of SHARP.
Boise Cascade employs more than 5,000 people across North America, including about 85 at the company’s sawmill in Pilot Rock. The sawmill produces pine industrials that are remanufactured by other companies into door and window framings.
Travis Wart, senior human resources specialist at the Pilot Rock facility, said the facility’s participation in SHARP was driven by employees who wanted to “take that extra step and get to that next level of safety.”
Oregon employers that have been in business for more than one year are eligible to apply for SHARP regardless of size or type of business, although the program is primarily designed to help small and mid-size businesses.
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