A U.S. district court has upheld a subpoena issued by OSHA requesting documents from Grinnell Mutual Reinsurance Co., concerning inspections and reports the company prepared for Haasbach LLC. Two teenage workers were killed in a grain engulfment at Haasbach’s Mount Carroll, Illinois, site in July 2010.
Grinnell contended that the subpoena would discourage businesses from allowing insurers to conduct safety inspections if the material contained in the inspection reports can be used against a business during later litigation or OSHA enforcement proceedings. The court ordered that the records be given to OSHA.
OSHA Assistant Secretary Dr. David Michaels praised the decision. “The court affirmed OSHA’s authority to obtain relevant information from an employer’s workers’ compensation insurance company. This is not surprising legally, but it does illustrate that workers’ compensation and OSHA are not separate worlds divorced from each other,” he said. “Workers’ compensation loss control activities overlap with OSHA’s efforts to bring about safe and healthful workplaces, and in order to achieve a safe and healthful working environment for all Americans, all efforts of business, insurance, labor and government must move forward together.”
The court ruled that OSHA has jurisdiction to investigate the workplace fatalities, and further has the authority to require the production of relevant evidence and the ability to issue a subpoena to obtain that evidence. The requested documents, which included copies of site safety inspections, applications for insurance coverage for the site, and correspondence between Grinnell and Haasbach concerning the site, were found to, “reasonably relate to the investigation of the incident and the question of OSHA jurisdiction,” according to the decision.
Haasbach was issued 25 citations by OSHA with a penalty of $555,000 following an investigation into the deaths of the two teenage workers at the company’s grain elevator in Mount Carroll. A 20-year-old man also was seriously injured in the July 2010 incident when all three became entrapped in corn more than 30 feet deep. At the time of the incident, the workers were “walking down the corn” to make it flow while machinery used for evacuating the grain was running.
OSHA’s Region V, which includes Illinois, Ohio, and Wisconsin, initiated a Grain Safety Local Emphasis Program in August 2010, and has since conducted 61 inspections and cited grain operators/facilities for 163 violations. The violations cover hazards associated with grain engulfment, machine guarding, electricity, falls, employee training, combustible dust, and lockout/tagout of energy sources on potentially dangerous equipment.
How to Prepare for OSHA Adoption of the GHS for Classification and Labeling of Chemicals This means that virtually every product label, material safety data sheet (soon to be called “safety data sheet”), 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 MSDSs.
Environmental Resource Center is offering a 1-hour webcast to help you learn about how the new rule differs from current requirements, how to implement the changes, and when the changes must be implemented.
The $99 webcast will be conducted from 2:00 pm to 3:00 pm ET on the following dates:
- June 2nd
- June 17th
Advertising Opportunities Available
MSHA Releases Upper Big Branch Mine Investigation Interview Transcripts
The U.S. Department of Labor’s Mine Safety and Health Administration (MSHA) has released 25 transcripts of witness interviews from the investigation of the Upper Big Branch Mine explosion that occurred in April 2010. They represent the first set in a series of interview transcripts that MSHA, with the approval of the U.S. Department of Justice, plans to release over the coming months.
The first team underground consisted of members of Massey’s rescue teams followed by state and MSHA rescue team members. The transcripts are from interviews with five employees of Massey Energy who participated in rescue efforts, and 10 mine rescuers each from MSHA and the West Virginia Office of Miners’ Health, Safety, and Training.
The transcripts describe how the rescuers were called to the Upper Big Branch Mine following the explosion, as well as their activities underground while searching for the missing miners, establishing communications with the surface and ultimately recovering the 29 victims. While the interviews primarily addressed those hours and days spent in rescue and recovery efforts, some reflect additional information.
“During mine emergencies, individuals who volunteer for these difficult missions place their own lives at risk and make decisions in the time of crisis to help save others,” said Joseph A. Main, assistant secretary of labor for mine safety and health. “As many mine rescue events of the past have indicated, confusion is not uncommon, and information is not always effectively communicated as rescuers search for survivors in a race against time and in a life-threatening atmosphere. This rescue operation was no different. We owe these individuals our gratitude for their willingness to respond to these difficult circumstances and to place themselves at risk for the sake of others.”
Metal Fabricator Fined $48,000 for Safety and Health Violations
OSHA cited Weaver and Sons, Inc., for 16 safety and health violations at the company’s steel fabrication and sheet metal shop in Talladega, Alabama. OSHA began an inspection as part of its Site-Specific Targeting Program that focuses on industries with higher-than-average injury and illness rates. Proposed penalties total $48,510.
The company was cited for one repeat health violation carrying a penalty of $6,160 for failing to conduct medical evaluations of employees who were required to wear respirators. 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 same violation was identified during a 2009 OSHA inspection.
Two serious health citations with $6,930 in penalties include not acting to protect workers from exposure to iron oxide fumes above the permissible exposure limit and failing to monitor exposure to chromium, which OSHA detected on lunch tables. 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.
Ten serious safety violations with $35,420 in penalties include the company allegedly allowing employees to use a lathe, drill press, band saw, mechanical power press, and milling machines that lacked the proper guarding to prevent employees from being pulled into the machines; using compressed air for cleaning machinery that was stronger than the required pressure; using electrical equipment not in accordance with the manufacturer’s instructions; allowing use of a damaged electrical cord; and allowing an uncovered opening in the electrical panel. Other violations included stairs that lacked rails, exit doors not marked, spray booths not protected with automatic sprinklers, using a lacquer thinner of less than a flashpoint of 100?F used to clean spray nozzles and equipment, not performing frequent crane inspections, and not load-testing a hook after it had been welded.
Three other-than-serious safety and health citations with no monetary penalties include failing to maintain a log of injuries and illnesses for 2009, allowing abrasive blasting dust to accumulate on exterior floor of the blasting booth, and having an inoperable pressure measurement instrument. 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.
“Employees do not need to risk their health for a paycheck,” said Roberto Sanchez, director of OSHA’s Birmingham Area Office. “We found that employees were being exposed to both immediate amputation hazards by working around unguarded machines, as well as long-term hazards from breathing in iron oxide fumes that can cause irreversible health effects.”
Sign Manufacturer Fined $89,000 for Fire Hazards
OSHA cited CIB International, Inc., doing business as Canam Signs and Imaging, with 15 safety and health violations at its shop in Alpharetta, Georgia following a January inspection. Proposed penalties total $89,000.
The company was cited with one willful violation carrying a $56,000 penalty for exposing workers to fire hazards by permitting spray painting to be performed near welding operations. 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.
Thirteen serious violations with a $33,000 penalty include allowing flammable material to be stored near an emergency exit, failing to regularly inspect fire extinguishers, failing to implement a fire extinguisher training program, failing to separate the storage of oxygen and acetylene in a production area, failing to maintain information sheets for chemicals employees used in the production area, and failing to develop a hazard communications program. The company also was cited for a number of electrical violations, such as permitting the use of extension cords with visible defects, not marking electrical panels, blocking electrical panels and disconnects with stored materials, and allowing electrical panels with missing breakers.
One other-than-serious citation with no monetary penalty was issued for failing to implement a respiratory protection program for employees wearing tight-fitting respirators.
“This company has allowed many hazards that increase the risk of injury to employees, and needs to incorporate safety and health as a part of its day-to-day operations,” said William Fulcher, director of OSHA’s Atlanta-East Area Office. “OSHA will not allow employers to overlook obvious electrical and painting hazards, among others, that could lead to electrocutions, fires or explosions.”
OSHA Cites Foundry for Exposing Workers to Lead
OSHA cited Centrifugal Acquisition Corp., Inc., of Milwaukee, Wisconsin with 13 health violations, including six repeat violations for failing to monitor workers’ exposure to lead. The foundry faces penalties of $108,570 following a November 2010 inspection.
“Repeatedly failing to implement respiratory protection and compliance programs to control workers’ exposure to lead unnecessarily puts employees at risk for serious health problems,” said George Yoksas, OSHA’s area director in Milwaukee. “Employers are responsible for knowing the hazards that exist in their facilities and correcting deficiencies cited by OSHA. No worker should have to risk his or her health for the sake of a paycheck.”
Six repeat violations include failing to establish and implement a respiratory protection program, failing to establish a written compliance program to control lead exposure, failing to provide protective clothing, failing to control employees’ exposure to lead, allowing four employees to exceed the permissible exposure limit to lead, and failing to provide shower facilities so workers could remove lead prior to leaving the work site.
Prior to this inspection, the company had been cited with 44 violations as a result of two separate inspections in February and November of 2008.
Initiated in 2010, the program is intended to focus on employers that endanger workers by committing willful, repeat, or failure-to-abate violations in one or more of the following circumstances: a fatality or catastrophe, industry operations or processes that expose workers to severe occupational hazards, exposure to hazards related to the potential releases of highly hazardous chemicals, and all per-instance citation (egregious) enforcement actions.
Five serious violations include failing to provide adequate eye protection, failing to monitor recirculated air for lead, failing to provide a separate storage facility for workers’ clothing to prevent lead contamination, allowing an employee’s exposure to lead to exceed the maximum use concentration of the employee’s respirator, and having a metal lamp that was not electrically grounded.
Two other-than-serious violations were also cited: failing to maintain surfaces free from lead accumulation and failing to label containers that stored lead-contaminated clothing.
OSHA Cites Focus Direct for Exposing Workers to Amputation Hazards
OSHA cited Focus Direct LLC with 12 serious, one repeat, and four other-than-serious safety and health violations after an inspection found that workers were exposed to amputation hazards at the company’s San Antonio, Texas facility. Proposed penalties total $83,000.
OSHA’s San Antonio Area Office initiated a safety and health inspection on December 22, 2010, at the company’s facility on Broadway Street, which found that employees were exposed to unguarded rollers on printing presses.
“A lack of guards on printing presses can lead to serious injuries, including amputations,” said Jeff Funke, OSHA’s San Antonio Area Office director. “OSHA’s standards must be followed to protect employees.”
Serious violations include failing to provide adequate machine guarding of printing presses, provide training on energy control procedures, ensure adequate training to render first aid, and ensure that all electrical components were maintained.
The repeat violation was cited for failing to ensure electrical cords were in working order and were free from strain relief. In May 2006, Focus Direct was cited for the same violation with proposed penalties of $20,000.
Other-than-serious violations include failing to record an injury on the OSHA 300 log within seven days of a recordable incident and failing to ensure that fire extinguishers were readily accessible.
Accidents Involving Combustible Iron Powder Investigated
The U.S. Chemical Safety Board (CSB) has released test results confirming preliminary conclusions that two flash fires which occurred at the Hoeganaes Corporation plant in Gallatin, Tennessee—one fatal—involved the combustion of iron powder which had accumulated throughout the facility and became airborne in combustible concentrations. A flash fire on January 31 killed one worker and seriously burned another. A similar fire occurred on March 29 and caused one injury.
The Hoeganaes plant, which employs approximately 175 workers, manufactures “atomized” iron powder that is sold to the automotive and other industries for the production of metal parts using powder metallurgy.
The January 31 incident occurred as two maintenance mechanics on the overnight shift inspected a bucket elevator that had been reported to be malfunctioning due to a misaligned belt. The bucket elevator, located downstream of an annealing furnace, conveyed fine iron powder to storage bins. The two mechanics were standing alone on an elevated platform near the top of the bucket elevator, which had been shut down and was out of service until maintenance personnel could inspect it. When the bucket elevator was restarted the movement immediately lofted combustible iron dust into the air. The dust ignited and the flames engulfed the workers. A dust collector associated with the elevator was reported to have been out of service for the two days leading to the incident.
The second incident occurred less than two months later on March 29 when a plant engineer, who was replacing igniters on a furnace, was engulfed in combustible dust which ignited. In the course of the furnace work, he inadvertently dislodged iron dust which had accumulated on elevated surfaces near the furnace. He experienced serious burns and bruises as a result of this second event, and a contractor witnessed the fireball but escaped without injury.
“Tests conducted on samples of metal powder—collected from the plant—determined that this material is combustible,” said CSB Investigator-in-Charge, Johnnie Banks.
“The team observed significant quantities of metal dust on surfaces within close proximity to the incident locations. This was of particular concern as metal dust flash fires present a greater burn injury threat than flammable gas or vapor flash fires. Metal dust fires have the potential to radiate more heat and some metals burn at extremely high temperatures in comparison to other combustible materials.” In addition to visible dust particles in the air, 2 to 3-inch layers of dust were observed on flat surfaces, rafters, and railings throughout the facility.
Mr. Banks said in the course of reviewing company documents, CSB found that last year Hoeganaes submitted 23 dust samples from the Gallatin facility to an independent laboratory for testing and 14 were found to be combustible. Furthermore, investigators found that the facility had documented multiple reports of flash fires during repairs on furnace belts at their facility located in Cinnaminson, New Jersey, which resulted in two injuries in 2000 and one fatality in 1996.
Mr. Banks said, “The presence of combustible dust was known by Hoeganaes at the times of the accidents; it appears the risks were not adequately addressed by the company.”
The CSB investigation will examine the company’s dust prevention efforts at the facility and its compliance with the National Fire Protection Association Standard (NFPA) 484 that details requirements for dust collection systems, dust cleaning frequency, and building construction and egress provisions.
In 2006, CSB completed a study of combustible dust fires and explosions which identified 281 incidents that occurred from 1980 to 2005, killing 119 workers and injuring more than 700. The study findings resulted in a recommendation to OSHA to develop a standard that comprehensively addresses combustible dust explosions. In 2009, OSHA agreed to develop a combustible dust standard. OSHA is currently in the early stages of the rulemaking process for the standard.
CSB Board Member John Bresland said, “Combustible dust is an often overlooked hazard at manufacturing facilities, as CSB investigations back to 2003 demonstrate. Among our open recommendations to OSHA from previous accidents is a call for a comprehensive combustible dust standard designed to protect workers and reduce or prevent dust-related hazards. The CSB will be closely following the discussion at OHSA’s upcoming Combustible Dust Expert Forum on May 13, as regulatory options to eliminate this workplace hazard are reviewed and evaluated.”
Plastering and Stucco Company for Fined for Scaffolding and Fall Hazards
OSHA cited Jose Ramirez, doing business as RB Plastering in Austin, Texas with seven serious, seven repeat, and one other-than-serious violation following a safety and health inspection at the company’s work site in Austin. Proposed penalties total $106,260.
“This is not the first time RB Plastering has exposed its employees to workplace hazards,” said Casey Perkins, OSHA’s area director in Austin. “Lack of fall protection devices can result in serious injuries and fatalities.”
OSHA began its inspection November 24, 2010 at the plastering and stucco company’s work site on Sunny Lane, where workers were plastering a home on scaffolds of heights up to 28 feet without guardrails or other fall protection devices. The inspection was conducted as part of a regional emphasis program on construction hazards that permits inspectors to initiate work site inspections after observing safety hazards.
Serious violations include failing to support and brace scaffolds with wall ties, provide fall protection training for working on roof edges, and clear work areas of boards with protruding nails and rebar impalement hazards.
Repeat violations include failing to provide fall protection for employees working on roof edges and scaffold platforms up to 28 feet in height, failing to train users on scaffolding hazards, and failing to fully plank working platforms. RB Plastering was cited for similar violations in 2009 at a work site in Bee Cave.
The other-than-serious violation is for failing to have a competent person inspect scaffolding components for visible defects that could affect the structural integrity of the equipment.
OSHA standards require that an effective form of fall protection, such as guardrails, safety nets, or personal fall arrest systems, be in use when workers perform residential construction activities 6 feet or more above the next lower level.
OSHA Fines Bill Smith Auto Parts $49,000 for 20 Violations
OSHA cited Bill Smith Auto Parts, Inc., of Urbana, Illinois for 14 safety and six health violations for exposing workers to equipment hazards and failing to implement health programs for respiratory protection. The company faces fines of $49,000 as a result of a January inspection.
“This company failed to take basic precautions such as installing machine guarding, properly maintaining powered industrial trucks and ensuring the proper storage of potentially hazardous materials,” said Tom Bielema, director for OSHA’s Peoria Area Office. “Employers are responsible for knowing what hazards exist in their facilities and for following OSHA standards to ensure the safety and health of their workers.”
Thirteen serious safety violations include a lack of guarding on open-sided floors, a lack of a work rest on grinder machinery, failing to properly store compressed gas cylinders, modifying powered industrial trucks for noncertified uses, not providing guarding on pulleys and other equipment lower than 7 feet from the floor to prevent struck-by hazards, and not removing damaged cords and electrical equipment from use.
Five serious health violations include failing to have a written respirator program, failing to develop and implement a hazardous communications program, failing to mark hazardous material containers properly, failing to have material data safety sheets available for hazardous materials in use, and failing to conduct hazardous chemical training.
One other-than-serious safety violation was cited for unsanitary conditions in restrooms, and one other-than-serious health violation was cited for failing to post visible “no smoking” signs in areas where flammable materials were present.
OSHA Cites Grain Elevator Operator with Safety Violations Following Worker Death
OSHA cited Taft Grain & Elevator Co., with four willful and 16 serious violations following the death of an employee who became engulfed in grain at the company’s work site in Taft, Texas.
“Tragically, a worker was killed when he became trapped in a grain storage facility and engulfed by grain,” said Michael Rivera, OSHA’s area director in Corpus Christi. “Grain elevator owners and operators must implement and follow well-known safety practices to prevent workers from being hurt or killed in grain bins.”
At least 26 U.S. workers were killed in grain entrapments last year, and the number of entrapments is increasing, according to researchers at Purdue University. There were more grain entrapments in 2010 than in any year since Purdue researchers started collecting data on entrapments in 1978.
OSHA’s Corpus Christi Area Office initiated its inspection November 9, 2010, following a report of an employee who died from being engulfed by grain at the company’s facility on North Highway 81. An additional inspection was performed on November 17 under the OSHA Regional Emphasis Program for Grain Handling Facilities, which covered all processes at the company’s facility.
The willful violations include failing to provide a body harness and lifeline to employees working on stored grain, failing to lock and tag out equipment during grain storage building entry to prevent accidental energy start-up, and failing to have an attendant present with rescue equipment during grain storage bin entry.
Serious violations include failing to ensure that employees were trained in hazards associated with grain handling, failing to protect employees from falls by providing harnesses, and failing to clean combustible dust from workroom floors and other surfaces.
Since 2009, OSHA has issued fines exceeding $100,000 per employer to grain operators across the country following preventable fatalities and injuries. In addition to enforcement actions, OSHA sent a notification letter in August 2010 and another in February 2011 to a total of more than 13,000 grain elevator operators warning them of proper safety precautions, including prohibiting entry in grain storage facilities while grain is being emptied out or flowing in or out of the bin, prohibiting employees from “walking down the grain,” and ensuring that employees enter the bin with the proper safety equipment. “OSHA will not tolerate noncompliance with the Grain Handling Facilities standard,” said Assistant Secretary of Labor for OSHA Dr. David Michaels in both letters. “We will continue to use our enforcement authority to the fullest extent possible.”
Cargill Meat Solutions Fined $176,400 for Serious and Repeat Violations
OSHA cited Cargill Meat Solutions of Dodge City, Kansas with two repeat and 23 serious violations for exposing workers to numerous occupational hazards. Proposed fines total $176,400 following a combined safety and health inspection at the facility.
OSHA’s inspection of the beef processing and packaging company was initiated in November 2010 under the agency’s Site-Specific Targeting Program, through which OSHA focuses on employers with higher-than-average occupational injury and illness rates.
“Many hazards at this facility existed for a long period of time, and there is just no excuse for exposing workers to them,” said Charles Adkins, OSHA’s regional administrator in Kansas City, Missouri. “It is imperative that employers take the necessary steps to eliminate hazards and provide a safe working environment for all of their employees.”
The two repeat violations address a lack of machinery anchorage and improperly used flexible cords. Similar citations were issued in February 2007 and again in October 2009.
The 23 serious violations address hazards associated with process safety management, fall protection, access and egress, lockout/tagout of energy sources, material storage, personal protective equipment, machine guarding, electrical deficiencies, compressed gas cylinders, and hazard communication.
OSHA Cites Appliance Distributor for 11 Safety Violations
OSHA cited Coinmach Corp., an appliance distributor in Wheeling, Illinois for 11 safety violations, including failing to implement a respiratory protection program and failing to provide personal protective equipment. The company faces proposed penalties of $49,000.
“Employers are responsible for providing the training and personal protective equipment necessary to ensure workers can safely perform their jobs,” said Diane Turek, OSHA’s area director in Des Plaines, Illinois. “A safe and healthful work site increases productivity, and benefits both employers and workers.”
Nine serious violations include failing to implement a written respiratory protection plan, including training; ensuring employees were medically evaluated to wear and fitted for respirators; properly store and maintain respirators; implement a hazardous communications plan; ensure forklift operators were properly trained; implement written electrical safety procedures; de-energize electrical panels prior to maintenance; and provide personal protective equipment, such as eye and head protection and insulated tools, when working near electrical components.
Two other-than-serious violations were cited for failing to properly identify hazardous chemical containers.
WFC Construction Fined More than $78,000 for Fall Hazards
OSHA cited WFC Construction, Inc., for five repeat and seven serious alleged safety violations, including exposing workers to falls in excess of 18 feet at a Cherry Hill, New Jersey worksite. Proposed penalties total $78,540.
OSHA initiated an inspection of the site on November 10, 2010, under a local emphasis program focused on fall hazards in construction. Workers were refurbishing a multi-family, two-story townhouse complex.
“WFC Construction did not implement the proper fall protections, leaving workers vulnerable to hazards that can cause serious injury or death,” said Paula Dixon-Roderick, director of OSHA’s area office in Marlton, New Jersey. “It is vital that the company abate these hazards, given that falls are one of the leading causes of fatalities on construction sites.”
The repeat violations include the company’s failure to provide employees with proper scaffolding, provide fall protection training, properly protect the edges of work surfaces, and provide the proper ladders for employees exposed to falls in excess of 10 feet above ground.
The serious violations relate to the company’s failure to initiate and maintain a safety and health program, ensure that a competent person conducted frequent and regular inspections of the jobsite, protect employees from debris containing nails that would cause tripping and puncture hazards, provide head protection, provide a personal fall arrest system to employees exposed to fall hazards in excess of 18 feet, and properly protect employees from wall/window openings that exposed employees to falls in excess of 10 feet.
Reyes Automotive Group Fined $55,800 for 13 Violations
OSHA cited San Antonio-based Reyes Automotive Group LLC for 13 serious and two other-than-serious violations of safety and health hazards. Proposed penalties total $55,800.
“This company jeopardized the safety of its workers by exposing them to numerous safety and health hazards,” said Jeff Funke, OSHA’s area director in San Antonio. “OSHA’s standards must be followed to avoid injuries and fatalities.”
OSHA’s San Antonio Area Office initiated a safety and health inspection on January 5 at the company’s facility on Lone Star Pass where employees were manufacturing trim components used in the automotive industry. The investigation was part of OSHA’s Site-Specific Targeting Program, which directs enforcement resources to workplaces with higher-than-average injury and illness rates.
The serious violations include failing to ensure electrical bonding and grounding in pneumatic conveying systems for combustible dust; provide and ensure that adequate personal protective equipment such as face shields and insulated gloves were used to prevent burns; provide the required machine guarding for the drill press, milling machines, and horizontal lathe; provide a relocatable power tap in place of permanent wiring; and conduct air monitoring to determine employees’ exposure to methylene chloride.
The other-than-serious violations were for failing to post a load rating on a mezzanine used as overhead storage and office space, and failing to ensure fire extinguishers were subjected to an annual maintenance check.
OSHA Fines Metal Fabricator $47,000 for Repeat and Serious Violations
OSHA cited Valley Tool, Inc., for 13 alleged violations of workplace safety standards. The Orange, Connecticut, metal fabrication shop faces a total $46,970 in proposed fines following an OSHA inspection prompted by an employee complaint.
“Chemical hazard communication, personal protective equipment, proper storage and respiratory protection are key safeguards for employees who work with corrosive and flammable chemicals,” said Robert Kowalski, OSHA’s area director in Bridgeport. “It’s imperative that employers take effective steps to address safety deficiencies and prevent their recurrence.”
OSHA’s inspection found improper storage of materials in a flammable storage cabinet, failure to provide annual training and fit-testing for all employees who use respirators, and failure to provide chemical hazard communication training to employees working with chemicals.
OSHA had cited the facility for similar hazards in 2009 and 2010. Therefore, these latest instances resulted in citations for four repeat violations, with $27,720 in proposed fines.
The inspection also identified the lack of an emergency eye-wash or shower and lack of face shields or goggles for employees working with corrosive chemicals, incomplete respiratory protection procedures, improper storage of materials in a paint spray booth, and an unsecured paint mixer. These conditions resulted in five serious violations with $17,710 in fines.
Four other-than-serious violations, with $1,540 in fines, were also cited for incomplete record keeping and lack of a “no smoking” sign for the paint room.
Best Buy Cited Following Worker Injury at Georgia Store
OSHA has cited the Best Buy Co., Inc., store on Pleasant Hill Road in Duluth, Georgia with five safety violations after a worker suffered severe head injuries from a fall in January. Penalties total $76,000.
The employee was stacking televisions on a storage rack while standing on an elevated powered industrial truck’s platform when it suddenly tilted and caused the employee to fall approximately 12 feet.
Two repeat violations include failing to provide personal protective equipment that fit the employee and guardrails for a 12-foot fall hazard. The company was cited in 2008 at an Illinois location involving similar equipment.
One serious violation involves allowing modifications to a powered industrial truck without manufacturer approval by taping shut the drive limit switch.
Two other-than-serious violations include failing to properly fill out the OSHA 300 log of workplace-related injuries and illnesses in 2008, and failing to certify the log in 2008 and 2009.
“This injury resulted from managers’ complacency, as they failed to oversee powered industrial truck operators to make sure that fall protection was being used,” said Bill Fulcher, director of OSHA’s Atlanta-East Area Office. “The fact that the body belt was too big for the operator shows a lack of concern and a desire to get the job done regardless of danger to the worker.”
OSHA Cites Patterson-UTI Drilling Following Fatality
OSHA cited Patterson-UTI Drilling Co. LLC, for one repeat and two serious safety violations following the death of a worker at the company’s site near Cotulla, Texas. Proposed penalties total $53,900.
OSHA’s Corpus Christi Area Office initiated an investigation November 27, 2010, after an employee setting up a rig was struck and killed by a section of the track for the drive system on the drilling derrick. About 13 workers were present at the drilling site, located 8.2 miles west of Cotulla.
“The seriousness of these hazards is simply not an acceptable condition in the workplace,” said Michael Rivera, OSHA’s area director in Corpus Christi, Texas.
The alleged repeat violation is for failing to guard open-sided floors to prevent employees from falling. In April 2007, OSHA cited this company with a similar violation resulting in penalties of $5,000.
Serious alleged violations include failing to inspect drive track guide lifting pins for signs of damage, secure the drive track to the lifting device and provide fall protection.
Patterson-UTI Drilling is based in Snyder, Texas and employs about 400 workers. The company conducts oil and gas well drilling and well servicing operations.
