Comprehensive Database of State OSHA Regulations and Laws Now Available

April 06, 2015

 

The database is designed for workers, unions, employers, occupational safety and health researchers and advocates, and state and federal regulatory officials, as a tool to compare and contrast regulations and laws across different states and with existing federal OSHA rules.

The database reveals that most of the 25 states have amended or supplemented one or more federal regulations, and several states have issued regulations or laws protecting workers from hazards—such as heat stress, workplace violence, combustible dust, and musculoskeletal injuries—that have not yet been addressed in a federal OSHA regulation.

Every year, millions of work-related injuries and illnesses are reported, thousands of workers are killed on the job and tens of thousands more die from occupational diseases. Safety and health regulations and laws (also known collectively as “standards”) can prevent many of these deaths and injuries.

The act also permitted states to substitute their own rulemaking and enforcement agencies for federal OSHA, as long as the state programs, also known as state OSHA plans, are “at least as effective” as the federal agency. This was intended as a way to allow states to address local needs and unique industries.

As of now, 25 states and two US territories have federally approved state OSHA plans. The database includes all state OSHA-enforced standards that have not been adopted identically from federal OSHA, and that protect workers from specific workplace safety and health hazards.

 

Some key findings:

  • The number of state standards issued by each of the 25 state OSHA plans varies widely. Just four states (California, Michigan, Oregon, and Washington) are responsible for the vast majority of all state occupational safety and health standards.
  • Seven states (Alaska, Connecticut, Hawaii, Minnesota, New York, Tennessee, and Vermont) have retained more protective chemical exposure limits developed by federal OSHA in 1989 but rescinded by court order in 1993. Four states (California, Michigan, Oregon, and Washington) have developed at least one chemical exposure limit that has never been adopted by federal OSHA.
  • Three states (California, Minnesota, and Washington) have developed standards protecting workers from heat stress.
  • Three states (New Mexico, New York, and Washington) have standards to prevent death and injury from workplace violence.
  • Two states (California and Utah) have developed standards to prevent explosions from combustible dust.
  • Two state plans (California and Minnesota) enforce standards or laws addressing safe patient handling requirements to minimize musculoskeletal injuries in health care workers, while California also has a rule addressing ergonomics injuries more generally.
  • Two states (Michigan and Oregon) have especially informative websites, which compare their state standards with federal OSHA regulations, making it clear where they differ from the federal rules.

“This database shows that some state OSHA plans have been proactive and issued numerous regulations and laws that are a model for what is possible in other states and at federal OSHA,” said Dr. Sammy Almashat, researcher with Public Citizen’s Health Research Group.

“As the first publicly available clearinghouse for state occupational safety and health standards, we hope the database will be a useful resource for workers, employers, researchers and regulatory officials alike, allowing them to more easily identify states with certain standards and compare them with existing federal OSHA rules,” added Keith Wrightson, worker safety advocate with Public Citizen’s Congress Watch division, who compiled the database with Almashat.

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.

 

Philadelphia RCRA and DOT Training

 

Virginia Beach RCRA and DOT Training

 

Cary DOT/IATA, HAZWOPER 8-Hour Refresher, and IATA/IMO Training

 

Outdoor Workers Must Prepare for Heat Season Now

Cal/OSHA is urging employers with outdoor workers to prepare for high heat now. According to the National Climatic Data Center, 2014 was the hottest calendar year on record since 1895 in California, and the Center has already recorded similarly record-breaking temperatures over the last two months. Preparation is essential to prevent heat illness, which can include headaches, fatigue, excessive sweating and muscle cramps in the early stages, and can rapidly progress to mental confusion, vomiting, fainting, seizures, and death.

“Employers must ensure they take the steps necessary to protect outdoor workers, especially during times of high heat,” said Christine Baker, Director of the Department of Industrial Relations. Cal/OSHA is a division within DIR.

Employers are required to take the following minimum, basic steps:

  • Train all employees and supervisors about heat illness prevention
  • Provide employees with enough cool, fresh water to drink at least 1 quart per hour, and encourage them to do so
  • Provide access to shaded areas, and encourage employees to take rest breaks of at least 5 minutes—before they feel any sickness
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“California has the most extensive heat illness prevention requirements in the country,” said Cal/OSHA Chief Juliann Sum. “The goal is to ensure that outdoor workers are not risking their health.”

Employers must also take special protective measures when temperatures reach 95 degrees or above. Supervisors must:

  • Observe workers for signs of heat illness
  • Provide close supervision of workers in their first 14 days of employment (to ensure acclimatization)
  • Have effective communication systems in place for calling emergency responders if necessary

An amended heat regulation has been proposed by the Occupational Safety & Health Standards Board. The board has requested that the amendments be approved by the Office of Administrative Law with an effective date of May 1, 2015—in time for this year’s growing season.

The online resources include details on free training for all employers with outdoor worksites in both Northern and Southern California.

Health, Firefighter, Consumer, and Science Groups Seek Ban on Organohalogen Flame Retardants

 Petitioners include the American Academy of Pediatrics, the National Hispanic Medical Association, the International Association of Fire Fighters, the Learning Disabilities Association of America, Consumers Union, Consumer Federation of America, the League of United Latin American Citizens, Worksafe, Dr. Philip J. Landrigan, and the Green Science Policy Institute.

This entire class of chemicals has been associated with serious human health problems, including cancer, reduced sperm count, increased time to pregnancy, decreased IQ in children, impaired memory, learning deficits, hyperactivity, hormone disruption, and lowered immunity. Nevertheless, the chemicals continue to be used at high levels in consumer products.

These chemicals migrate continuously out from everyday household products into the air and dust, such as when a guest sits on a sofa or a baby is laid down on a crib’s mattress. As a result, more than 97% of US residents have measurable quantities of toxic organohalogen flame retardants in their blood. Children are especially at-risk because they come into greater contact with household dust than adults. Studies show that children, whose developing brains and reproductive organs are most vulnerable, have three to five times higher levels than their parents.

When consumer products containing these chemicals burn, the fire and smoke become more toxic. The International Association of Fire Fighters has determined that there is a link between exposure to the fumes created when toxins burn and the disproportionately high levels of cancer among firefighters.

No law or government regulation in the country compels the use of flame retardants in the products that are the subject of this petition. However, no law or regulation prohibits using chemicals from this toxic class in consumer products either. Over the last decade, as evidence mounts that one flame retardant chemical is dangerous, the chemical industry has responded by phasing it out and replacing it with a structurally similar chemical that eventually also turns out to be harmful.

The most effective solution is to ban products containing this entire class of chemicals. Under the Federal Hazardous Substances Act, the CPSC has this authority.

1.1 Billion People at Risk of Hearing Loss

Some 1.1 billion teenagers and young adults are at risk of hearing loss due to the unsafe use of personal audio devices, including smartphones, and exposure to damaging levels of sound at noisy entertainment venues such as nightclubs, bars, and sporting events, according to the World Health Organization (WHO). Hearing loss has potentially devastating consequences for physical and mental health, education, and employment.

Data from studies in middle- and high-income countries analyzed by WHO indicate that among teenagers and young adults aged 12-35 years, nearly 50% are exposed to unsafe levels of sound from the use of personal audio devices and around 40% are exposed to potentially damaging levels of sound at entertainment venues. Unsafe levels of sounds can be, for example, exposure to in excess of 85 decibels (dB) for eight hours or 100dB for 15 minutes.

“As they go about their daily lives doing what they enjoy, more and more young people are placing themselves at risk of hearing loss,” notes Dr Etienne Krug, WHO Director for the Department for Management of Noncommunicable Diseases, Disability, Violence and Injury Prevention. “They should be aware that once you lose your hearing, it won’t come back. Taking simple preventive actions will allow people to continue to enjoy themselves without putting their hearing at risk.”

Safe listening depends on the intensity or loudness of sound, and the duration and frequency of listening. Exposure to loud sounds can result in temporary hearing loss or tinnitus, which is a ringing sensation in the ear. When the exposure is particularly loud, regular, or prolonged, it can lead to permanent damage of the ear’s sensory cells, resulting in irreversible hearing loss.

WHO recommends that the highest permissible level of noise exposure in the workplace is 85 dB up to a maximum of eight hours per day. Many patrons of nightclubs, bars, and sporting events are often exposed to even higher levels of sound, and should, therefore, considerably reduce the duration of exposure. For example, exposure to noise levels of 100 dB, which is typical in such venues, is safe for no more than 15 minutes.

Teenagers and young people can better protect their hearing by keeping the volume down on personal audio devices, wearing earplugs when visiting noisy venues, and using carefully fitted, and, if possible, noise-cancelling earphones/headphones. They can also limit the time spent engaged in noisy activities by taking short listening breaks and restricting the daily use of personal audio devices to less than one hour. With the help of smartphone apps, they can monitor safe listening levels. In addition they should heed the warning signs of hearing loss and get regular hearing check-ups.

Governments also have a role to play by developing and enforcing strict legislation on recreational noise, and by raising awareness of the risks of hearing loss through public information campaigns. Parents, teachers, and physicians can educate young people about safe listening, while managers of entertainment venues can respect the safe noise levels set by their respective venues, use sound limiters, and offer earplugs and “chill out” rooms to patrons. Manufacturers can design personal audio devices with safety features and display information about safe listening on products and packaging.

To mark International Ear Care Day, celebrated each year on March 3rd, WHO is launching the “Make Listening Safe” initiative to draw attention to the dangers of unsafe listening and promote safer practices. In collaboration with partners worldwide, WHO will alert young people and their families about the risks of noise-induced hearing loss and advocate towards governments for greater attention to this issue as part of their broader efforts to prevent hearing loss generally.

Worldwide, 360 million people today have moderate to profound hearing loss due to various causes, such as noise, genetic conditions, complications at birth, certain infectious diseases, chronic ear infections, the use of particular drugs, and ageing. It is estimated that half of all cases of hearing loss are avoidable. To address this issue, WHO collates data and information on hearing loss to demonstrate its prevalence, causes, and impact as well as opportunities for prevention and management; assists countries to develop and implement programs for hearing care that are integrated into the primary health-care system; and provides technical resources for training health workers.

Safeguarding Communities from Harmful Chemicals

The American Public Health Association and the Agency for Toxic Substances and Disease Registry (ATSDR) of the Centers for Disease Control and Prevention are proud to co-sponsor a five-part webinar series highlighting the vital work of the ATSDR. The series explores the Agency's role as an integral partner in: determining chemical threats; supporting communities with their environmental health concerns; and protecting children and vulnerable populations. 

Common Pesticides Listed as Probable Carcinogens

The International Agency for Research on Cancer (IARC), the specialized cancer agency of the World Health Organization, has assessed the carcinogenicity of five organophosphate pesticides. A summary of the final evaluations together with a short rationale have now been published online in The Lancet Oncology, and the detailed assessments will be published as Volume 112 of the IARC Monographs.

The herbicide glyphosate and the insecticides malathion and diazinon were classified as probably carcinogenic to humans (Group 2A). The insecticides tetrachlorvinphos and parathion were classified as possibly carcinogenic to humans (Group 2B).

Group 2A means that the agent is probably carcinogenic to humans. This category is used when there is limited evidence of carcinogenicity in humans and sufficient evidence of carcinogenicity in experimental animals. Limited evidence means that a positive association has been observed between exposure to the agent and cancer but that other explanations for the observations (called chance, bias, or confounding) could not be ruled out. This category is also used when there is limited evidence of carcinogenicity in humans and strong data on how the agent causes cancer.

Group 2B means that the agent is possibly carcinogenic to humans. A categorization in Group 2B often means that there is convincing evidence that the agent causes cancer in experimental animals but little or no information about whether it causes cancer in humans.

The pesticides tetrachlorvinphos and parathion were classified as possibly carcinogenic to humans (Group 2B) based on convincing evidence that these agents cause cancer in laboratory animals. For the insecticide malathion, there is limited evidence of carcinogenicity in humans for non-Hodgkin lymphoma and prostate cancer. The evidence in humans is from studies of exposures, mostly agricultural, in the USA, Canada, and Sweden published since 2001. Malathion also caused tumors in rodent studies. Malathion caused DNA and chromosomal damage and also disrupted hormone pathways.

For the insecticide diazinon, there was limited evidence of carcinogenicity in humans for non-Hodgkin lymphoma and lung cancer. The evidence in humans is from studies of agricultural exposures in the USA and Canada published since 2001. The classification of diazinon in Group 2A was also based on strong evidence that diazinon induced DNA or chromosomal damage.

For the herbicide glyphosate, there was limited evidence of carcinogenicity in humans for non-Hodgkin lymphoma. The evidence in humans is from studies of exposures, mostly agricultural, in the USA, Canada, and Sweden published since 2001. In addition, there is convincing evidence that glyphosate also can cause cancer in laboratory animals. On the basis of tumors in mice, the EPA originally classified glyphosate as possibly carcinogenic to humans (Group C) in 1985. After a re-evaluation of that mouse study, the EPA changed its classification to evidence of non-carcinogenicity in humans (Group E) in 1991. The US EPA Scientific Advisory Panel noted that the re-evaluated glyphosate results were still significant using two statistical tests recommended in the IARC Preamble. The IARC Working Group that conducted the evaluation considered the significant findings from the EPA report and several more recent positive results in concluding that there is sufficient evidence of carcinogenicity in experimental animals.

Glyphosate also caused DNA and chromosomal damage in human cells, although it gave negative results in tests using bacteria. One study in community residents reported increases in blood markers of chromosomal damage (micronuclei) after glyphosate formulations were sprayed nearby.

Tetrachlorvinphos is banned in the European Union. In the USA, it continues to be used on livestock and companion animals, including in pet flea collars. No information was available on use in other countries. Parathion use has been severely restricted since the 1980s. All authorized uses were cancelled in the European Union and the USA by 2003.

Malathion is currently used in agriculture, public health, and residential insect control. It continues to be produced in substantial volumes throughout the world. Workers may be exposed during the use and production of malathion. Exposure to the general population is low and occurs primarily through residence near sprayed areas, home use, and diet.

Diazinon has been applied in agriculture and for control of home and garden insects. Production volumes have been relatively low and decreased further after 2006 due to restrictions in the USA and the European Union. Only limited information was available on the use of these pesticides in other countries.

Glyphosate currently has the highest global production volume of all herbicides. The largest use worldwide is in agriculture. The agricultural use of glyphosate has increased sharply since the development of crops that have been genetically modified to make them resistant to glyphosate. Glyphosate is also used in forestry, urban, and home applications. Glyphosate has been detected in the air during spraying, in water, and in food. The general population is exposed primarily through residence near sprayed areas, home use, and diet, and the level that has been observed is generally low.

The Monographs Program provides scientific evaluations based on a comprehensive review of the scientific literature, but it remains the responsibility of individual governments and other international organizations to recommend regulations, legislation, or public health intervention.

Unicold Corp. Loses Legal Battle, Must Correct Hazards and Pay Fine

After two years of litigation to correct dozens of hazards that might have had catastrophic effects on its workers and the surrounding community, Unicold Corp., has agreed to make health and safety improvements at its refrigerated food warehouse in Honolulu. The company will also end its fight against $197,000 in penalties assessed in 2013 by OSHA.

A joint inspection by OSHA and Hawaii's Department of Labor and Industrial Relations, Occupational Safety and Health Division found nearly every emergency exit door or route locked, sealed shut, blocked, or impossible to use. OSHA found that the violations were a willful disregard of employee safety. Inspectors also identified hazards related to Unicold's use of ammonia as a refrigerant. In all, OSHA identified dozens of violations in February 2013.

"Unicold's use of toxic chemicals such as ammonia created hazards, and also placed workers in danger by blocking virtually every emergency exit to gain additional storage space," said Barbara Goto, acting OSHA regional administrator in San Francisco. "This could have had devastating consequences in a building evacuation, which was a possibility."

Anhydrous ammonia is used as a refrigerant at industrial facilities or warehouses and to produce agricultural fertilizer. A dangerous and corrosive compound, ammonia exposure even in small amounts can cause the eyes, nose, and throat to burn. It can also lead to corneal burns or blindness and can cause immediate death.

Its pursuit included two years of court filings before the company agreed to make changes and accept its financial penalties.

"The department will not allow Unicold or other employers to allow dangerous conditions that put workers in a potential death trap," said Janet Herold, the department's regional solicitor in San Francisco. "Luck is the only reason that we are not investigating a multi-fatality disaster here. The agency will spend time and resources to protect workers and prevent the intolerable and unacceptable from happening."

Koser Iron Works Fined $102,180 for Exposing Workers to Machine, Fire and Explosion Hazards, Lack of Training

The agency has proposed fines of $102,180 for the Barron-based company.

"Workers pay the price when companies fail to follow safety standards," said Mark Hysell, OSHA's area director in Eau Claire. It takes seconds for a worker to be severely injured, but often a lifetime to recover."

 The company also failed to ensure safety mechanisms were in place on its power presses and lathes. Similar hazards were found in a 2013 investigation after a complaint prompted an inspection at the same facility.

A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirement, or with plain indifference to employee safety and health.

Inspectors also found that lift truck operators were not trained before operating equipment, a violation also noted in 2013, which produced a second repeated violation. 

Workers were also found to be exposed to explosion and fire hazards because Koser failed to store flammable liquids properly; electrical equipment and lift trucks were not approved for areas with flammable atmospheres; and the company failed to install a required ventilation system in the storage room.

Koser Iron Works also failed to ensure the use of eye protection or to evaluate employees medically before they used respirators. Damaged welding and electrical equipment were also noted.

In total, 12 serious violations were issued. An OSHA violation is serious if death or serious physical harm could result from a hazard an employer knew or should have known exists.

Koser is a steel fabrication company that primarily cuts, forms, and welds steel and steel products.

Lack of Cave-In Protections Becomes Fatal

Bednar Landscape Services, Inc., located at 501 Division Street in Boonton, New Jersey, provides landscape, excavation, and snow removal services throughout northern New Jersey. OSHA initiated an inspection on October 1, 2014, after a trench cave-in killed two workers, Oscar Portillo and Selvin Zelaya, who were installing a French drain system at the historic James Dixon Farm in Boonton

The day of the incident, the employees were working in a trench between 9 and 13 feet deep, which had no cave-in protection, OSHA determined. As a result, Bednar was found responsible for one willful and nine serious safety violations.

 

The serious violations included not providing a ladder in the trench every 25 feet to allow safe exit, not having a competent person inspect the trench, and failure to have utilities marked out, provide head protection, and train workers on the hazards of the chemicals with which they worked.

“One cubic yard of soil can weigh as much as a small car when a trench caves-in or collapses. Without the required protections, these men had no way to escape and their heartbroken families are left to make sense of a needless tragedy,” said Kris Hoffman, director of OSHA’s Parsippany Area Office. “Bednar management placed its employees in mortal danger by not using cave-in protections, and we believe these managers were plainly indifferent to the serious dangers their workers faced.”

“Sadly, this is not an isolated incident. The fact that two workers are killed each month in trench collapses underscores how important cave-in protections are,” said Robert Kulick, OSHA regional administrator in New York. “An unprotected trench can be a death trap and should never be entered. There are several ways to protect people who work in trenches, and trenches should be inspected at the start of each shift and as needed throughout the work day by trained professionals.”

Proposed penalties total $77,000.

Wood Fibers Inc. Fined $71,610 for Multiple Safety Hazards

For the fifth time in the past three years, OSHA inspectors found workers at Wood Fibers, Inc., at risk of amputation, fire, and other life-threatening hazards in October 2014. Despite OSHA's effort, the company has failed to provide proof that hazards had been fixed or pay penalties from previous inspections.

Acting on an employee complaint, OSHA inspectors went to the company's wood pellet manufacturing facility.  These unsafe working conditions prompted OSHA to issue four repeated and eight serious safety violations. Proposed penalties total $71,610.

"Wood Fibers clearly ignores federal OSHA regulations. The company must make immediate changes to its safety and health program," said Robert Bonack, OSHA's area director in Appleton. "A business that exposes workers daily to dangerous hazards creates an environment that forces employees to decide between their lives and their livelihood. This is unacceptable."

Based in Niagara, Wisconsin, Wood Fibers is a leading producer and distributor of residential and commercial heating pellets, animal bedding pellets, premium boiler fuel, and organic landscape mulch.

OSHA issued four repeated violations related to the hazards. Wood Fibers was cited for similar violations in 2012 after three inspections at the facility. The agency issues repeated violations if an employer was previously cited for the same or a similar violation of any standard, regulation, rule or order at any other facility in federal enforcement states within the last five years.

 Inspectors found devices were not used to prevent equipment from starting during service and maintenance, a procedure known as lockout/tagout. Additionally, workers were exposed to struck-by hazards from a front-end loader that had a broken windshield, which reduced driver visibility. Employees faced fall hazards because they lacked a safety harness and lanyard when using an aerial lift.

Inspectors also found electrical safety hazards because of damaged extension cords and missing faceplates and openings in electrical enclosures. Flexible cords were used where fixed wiring should have been installed. In total, eight serious violations were cited.

The U.S. Chemical Safety Board identified 281 combustible dust incidents between 1980 and 2005 that led to the deaths of 119 workers, 718 injuries and extensive damage to numerous industrial facilities.

New Jersey Companies Fined $64,200 for Blocked Exit Routes and Chemical, Noise, and Energy Control Hazards

OSHA investigated Imagine Screen Printing & Productions, LLC, which imprints graphic design images onto apparel such as t-shirts and sweatshirts on October 1, 2014. The investigation expanded to Central Mills, Inc., doing business as Freeze, which sorts, packs, and distributes the apparel to some of the nation's largest retailers, including Walmart, Macy's, and Target on November 6, 2014. Both companies are located at 473 Ridge Road in Dayton, New Jersey, and have the same management, maintenance employees, and safety departments.

The investigation began in response to a complaint alleging workplace safety and health hazards. Inspectors discovered that company employees were also exposed to observed hazards.

Imagine was cited for 15 serious citations including:

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  • Not providing eyewash facilities

 

"The safety and health hazards found in both inspections put workers at risk of being seriously injured or worse, and should be immediately corrected," said Patricia Jones, director of OSHA's Avenel Area Office. "Employers are legally responsible for providing a safe and healthful workplace for employees."

Proposed penalties total $43,200 for Imagine Screen Printing & Productions, LLC, and $21,000 for Freeze.

USPS Cited for Electrical Hazards at Chicago's Clark Street Distribution Center

OSHA investigated the United States Postal Service distribution center at 2643 N. Clark in Chicago, Illinois, on January 14, 2015, after receiving a complaint alleging unsafe working conditions. OSHA found workers were exposed to various electrical hazards and issued two repeated, four serious, and one other-than-serious violation with proposed penalties of $63,540.

"The Postal Service has a responsibility to make sure equipment is maintained in good working order," said Angeline Loftus, OSHA's area director in Des Plaines. "Each year hundreds of workers are injured by electrical hazards in the workplace. The Postal Service needs to re-evaluate this facility and correct these hazards immediately."

Investigators found workers were exposed to electrical hazards because electrical power taps were not used in accordance with manufacturer's recommendations and electrical equipment such as an industrial fan were not grounded properly, resulting in the two repeated violations.

OSHA issues repeated violations when an employer has been previously cited for the same or a similar violation in the past five years. The Postal Service was cited for similar hazards in 2014 in Groton, Connecticut, and Ludington, Michigan.

The four serious violations involved the use of unapproved electrical equipment, use of improperly spliced cords, and not providing strain relief for all electrical cords. The Postal Service also failed to mark permanent aisles resulting in an other-than-serious violation.

Proposed penalties total $63,540.

A.M. Castle & Co. Exposes Workers to Asbestos

A.M. Castle & Co. in Franklin Park, Illinois, was inspected by OSHA on September 25, 2014. The inspection of the metal service center that engages in wholesale distribution of metal and steel stock began after a complaint was received by the Chicago North Area Office. OSHA issued two repeated and five serious violations.

"A.M. Castle has a responsibility to train its workers in the hazards of being exposed to asbestos and confined spaces," said Angeline Loftus, OSHA's area director in Des Plaines. "Asbestos exposure can cause long-term and irreversible damage to the lungs. A. M. Castle needs to re-evaluate this facility and correct these hazards immediately."

Two repeated violations the company was cited for include:

  • Not providing awareness training to employees who perform housekeeping operations in areas that contain asbestos or presumed asbestos containing material
  • Not making a copy of the OSHA Asbestos Standard readily available and accessible to affected employees

The company was previously cited for these violations on March 28, 2012. OSHA issues repeated violations when an employer has been previously cited for the same or a similar violation in the past five years.

Five serious violations were cited for:

  • Not evaluating the workplace to determine if any confined spaces were permit-required
  • Not posting danger signs or notifying employees of a permit-required confined space
  • Not developing and implementing a written permit-required confined space entry program
  • Failing to inform employees, who perform maintenance in areas where asbestos is present, of the presence, quantity and location of asbestos containing material or presumed asbestos containing material which might have been contacted during such work activities
  • Failing to ensure training on asbestos was in accordance with OSHA standards
  • Failing to provide annual asbestos training to employees involved in Class IV asbestos operations

Proposed penalties total $59,720.

Jordan Construction Co. of Hilton Head Inc. Fined $46,800 for Exposing Workers to Cave-In and Struck-By Hazards

 At the time of the inspection, workers were installing sewer lines at the intersection of North and West Godley Station Roads in Pooler, Georgia.

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. Additionally, two serious violations include failing to provide a safe entrance and exit from the trench and not requiring employees to wear head protection while working in a trench where falling objects could result in injury.

"Excavation and trenching are among the most dangerous construction operations, and cave-ins can place workers at risk for serious injury or death." Jordan Construction chose to intentionally ignore OSHA regulations and exposed their employees to these life-threatening hazards," said Robert Vazzi, OSHA's area director in Savannah.

Proposed penalties total $46,800.

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