Electronic Plating Co. Fined $157,080 for Exposing Workers to Noise, Toxic Metal, Other Hazards

December 21, 2015

While electroplating machine parts, workers were exposed to metal, machinery, and live electrical hazards at a Cicero, Illinois, manufacturing facility because their employer failed to follow federal safety and health requirements.

Proposed penalties total $157,080.

"OSHA inspectors found multiple preventable safety and health hazards in this facility, eight of which Electronic Plating violated in 2011," said Kathy Webb, OSHA's area director in Calumet City. "Employers cited for repeated violations are failing their employees and their obligation to provide a safe and healthy working environment."

OSHA opened an investigation at the facility after receiving a complaint alleging unsafe working conditions. The agency found numerous violations, including the following:

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  • Inadequate worker training on hazardous chemicals used in the facility
  • Lack of medical examinations to monitor employee exposure to chromic acid and cadmium
  • Workers exposed to operating mechanical and electrical parts because equipment lacked guards
  • Unsanitary conditions
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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.

 

B & B Construction Fails to Provide Fall Protection at Two Ohio Construction Sites

 

The citations follow two OSHA complaint investigations at separate Ohio construction sites.

 

In October 2015, employees were again observed working on scaffolds at a Canfield, Ohio, construction site. Workers were exposed to fall hazards of up to 16 feet.

In both instances, B & B Plastering failed to provide guard rails or fall protection equipment.

The company also failed to provide a ladder or other safe means to access the working platforms of the scaffold, install adequate footings, and failed to ensure employees wore head protection when required. B & B Plastering was cited for similar hazards in 2010.

“Falls remain the leading cause of death and injury on construction sites. In the past year, 26 Ohio workers died in falls,” said Howard Eberts, OSHA’s area director in Cleveland. “It is inexcusable for an employer not to provide fall protection on a job.”

Proposed penalties total $131,440.

 

Southern Fiber Inc. Fined $116,270 After Disregard for Hazards Lead to Traumatic Hand Injury

A new employee has to cope with meeting people, learning new skills, and making a good impression. None of these efforts matter if an employer fails to ensure a safe and healthy workplace, a sad reality faced by a newly hired worker who suffered a traumatic hand injury after three days on the job at Southern Fiber, Inc., in Miami Gardens, Florida.

An OSHA inspection determined that the fiber-processing machine started unexpectedly as the worker—a 30-year-old man—tried to clear a jam caused by mattress foam. The machine removed all skin from the man’s hand to the wrist. Proposed penalties total $116,270.

“Southern Fiber knew the dangers that workers faced, yet it made no attempt to correct identified safety hazards,” said Condell Eastmond, director of OSHA’s Fort Lauderdale Area Office. “A 30-year-old employee, who had been on the job for three days, suffered a horrific and preventable injury. Management has failed its obligation to protect workers.”

 

OSHA issued citations for similar violations in 2014 at Southern Fiber’s Orlando location.

Additionally, OSHA issued serious citations for violations, including failing to protect workers from electrical shock hazards and exposing workers to unguarded machinery and falls. 

 

OSHA has inspected Southern Fiber 12 times since 2010, resulting in 39 citations.

The company manufactures and distributes polyester products, including bedspreads, mattresses and outdoor patio furniture. It has facilities in Miami Gardens and Orlando; Charlotte, North Carolina; Seattle; and Los Angeles.

Forever 21 Retail Inc. Agrees to Pay $100,000 for Safety Violations

The US Department of Labor has reached a settlement agreement with Forever 21 Retail, Inc., in which the fashion retailer commits to eliminate safety hazards at its Westfarms Mall store in Farmington, Connecticut, and pay $100,000 in penalties to OSHA.

OSHA cited Forever 21 in May 2015 after an inspection of the Farmington store found boxes piled as high as 10 feet and stacked in an unstable manner, so they blocked exit routes or could fall onto workers. The company contested its citations and penalties initially, but has now reached an agreement with the department to abate the cited hazards and comply with the Occupational Safety and Health Act and its standards.

"Retailers should stock products safely and away from emergency exits, especially during the holiday season when store stock increases. Additionally, retailers must avoid stacking boxes so high that they could tip or fall and strike an employee," said Kim Stille, OSHA's New England regional administrator. "Proper safeguards will prevent needless and avoidable injuries."

"While the settlement resolves this case, it also sends a message to Forever 21 and other retailers, either stand-alone businesses or multiple-store enterprises, that it's their responsibility under the law to take effective steps to protect employees at their establishments, wherever located, against these hazards," said Michael Felsen, the regional solicitor of labor for New England.

 

Force Corp. Fined $91,000 for Repeatedly Exposing Roofing Workers to Fatal Fall Hazards

These were the hazards faced by Force Corp. employees as they performed a roofing job on July 7, 2015, at 2-4 Johnson St. in North Andover, Massachusetts. An OSHA inspector driving by the work site saw three employees on a roof exposed to falls of up to 18 feet without fall protection.

Force Corp. faces $91,000 in proposed fines.

Since December 2013, OSHA has cited Force Corp., for fall-related hazards at work sites in Bridgeport and Hartford, Connecticut, and in Everett and Needham.

"This was an imminent danger situation. These employees were one slip, trip or misstep away from a deadly or disabling fall. We began an inspection immediately," said Anthony Covello, OSHA's area director for Middlesex and Essex counties. "Even after the employees donned fall protection equipment, it was defective and inadequate at preventing falls. Force Corp.'s disregard of this safety requirement placed its employees at risk needlessly. This is unacceptable behavior that must change before a worker's life or career is destroyed."

OSHA also found employees using ladders that did not extend at least 3 feet above upper landings for required stability, damaged and uninspected safety harnesses, and a safety lanyard that was too long to prevent employees from falling. The workers were also exposed to an electric shock hazard from a power tap not designed for a construction site.

The page offers fact sheets, posters, and videos that vividly illustrate various fall hazards and appropriate preventive measures. OSHA standards require that an effective form of fall protection be in use when workers perform construction activities 6 feet or more above the next lower level.

 

Three Workers Suffer Amputation Injuries at Envelope Printing Facility

Three workers suffered amputation injuries within four months at a Columbiana, Ohio, envelope printing facility because their employer failed to protect them from moving machine parts on 26 of the 27 company production lines, a federal inspection found.

Proposed penalties total $88,200.

"When repeated amputation injuries occur at a business, safety is not a priority," said Howard Eberts, OSHA's area director in Cleveland. "After OSHA initiated its first inspection involving an amputation in June 2015, Envelope 1 failed to take immediate steps to protect workers. If they had, it may have prevented other injuries."

OSHA's investigation found the following:

  • On June 19, 2015, a machine operator had a finger amputated when it caught in a pinch point of printing section rollers as he wiped a roller. The 52-year-old employee had been employed at the plant for six months.
  • On September 16, 2015, a 29-year-old employee suffered partial amputation of his left finger as he cleared material from a scoring section of an envelope line. 
  • On September 28, 2015, a 73-year-old worker had part of this thumb amputated as he adjusted rollers during the set up of an envelope printing section.

Cal/OSHA Cites California’s Great America $70,200 for Roller Coaster Accident

Cal/OSHA announced recently that the owner/operator of California’s Great America theme park was at fault for a roller coaster accident that critically injured a ride mechanic on June 12. Robert Hooks, 66, suffered serious injuries when he was struck by the Flight Deck ride while retrieving a cell phone in a restricted area.

Cal/OSHA learned that Cedar Fair Southwest, the amusement park owner/operator, failed to have safety protocols in place to ensure that the roller coaster was shut down prior to retrieving lost articles near it, and also failed to effectively train workers to shut down the ride to retrieve lost articles.

“Employers are required to maintain a comprehensive injury and illness prevention program that addresses all safety hazards,” said Cal/OSHA Chief Juliann Sum. “Cedar Fair Southwest’s lack of safety protocols and training for employees contributed to this serious workplace accident.”

Cal/OSHA issued citations with penalties totaling $70,200 for eight workplace safety violations, including five serious in nature, two of them directly related the accident.

A serious violation is cited when there is a realistic possibility that death or serious harm could result from the actual hazardous condition. A willful violation is cited when the employer is aware of the law and violates it nevertheless, or when the employer is aware of the hazardous condition and takes no reasonable steps to address it.

 

FW Warehousing Inc. Exposes Workers to Trips and Falls

 

OSHA initiated an inspection after receiving a report of unsafe working conditions at the company's warehouse, commonly known as the Crunden Martin facilities, in the city's industrial district. Investigators found the following:

  • Employees were required to move goods and materials in low-light conditions
  • Forklift operators drove vehicles on uneven surfaces and on unguarded platforms, exposing them to fall hazards up to 20 feet
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  • There was a lack of suitable eye wash stations
  • A freight elevator had no working lights
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  • Floors had protruding steel floor plates, loose plywood, and deep depressions causing slip, trip and fall hazards

FW Warehousing operates more than 4-million square feet of warehouse facilities throughout the Midwest, including the St. Louis, Kansas City, and Indianapolis metro areas.

"Allowing forklifts to be operated in low light conditions on open platforms that workers could easily drive off, is a recipe for disaster," said Bill McDonald, OSHA's area director in St. Louis. "FW Warehousing needs to immediately correct the many deficiencies in their facility. Each year hundreds of workers are injured on the job because employers fail to follow basic safety precautions."

Proposed penalties total $69,300.

Camden Park Exposes Employees to Serious Workplace Safety Hazards, Fined $65,100

 

OSHA's Charleston Area Office initiated an inspection in June in response to a complaint. The serious violations include:

  • Employees exposed to fall, electrical, chemical, and amputation hazards
  • Obstructed exit routes that were not visibly marked
  • Lack of machine guarding
  • No written hazard communication plan for workers that use or could be exposed to chemicals

The other-than-serious violations were due to the company's failure to record occupational illness and injuries on the OSHA 300A form, require employees to use personal protective equipment, conduct a monthly inspection and annual maintenance check on a portable fire extinguisher, and prevent water from entering an electric panel box.

Proposed penalties total $65,100.

"Establishing and implementing a comprehensive injury and illness prevention program is critical for protecting workers from hazards. Many of the hazardous conditions we found could have been identified and corrected had recommended program elements been in practice here," said Prentice Cline, director of OSHA's Charleston Office. "Employers are responsible for ensuring a safe and healthful workplace and will be held legally accountable when they fail to do so."

Coca-Cola Fined $61,000 for Health and Safety Hazards

 

OSHA inspectors cited repeat violations for hazards associated with obstructed exit routes, lack of illuminated emergency exit signs, unmarked exits, and improper storage of compressed gas cylinders.

The serious violations were related to unguarded floor holes and lack of refresher training related to forklifts. Proposed penalties total $61,600.

"Blocked exit routes and unmarked exits pose a serious danger to Coca-Cola's warehouse employees, as they prevent quick escape in case of an emergency," said Patricia Jones, director of OSHA's Avenel 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."

Coca-Cola Refreshments USA, Inc., manufactures and distributes Coca-Cola brand products such as, but not limited to, Coca-Cola, Fanta, Coke, Sprite, and Nestea at facilities throughout the US.

Quality Ready Mix Repeatedly Exposes Workers to Fall, Machine Hazards

 

OSHA's follow-up inspection found the company failed to:

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Quality Ready Mix was previously cited for each of these violations in 2013 at the same plant on County Road in Van Buren. The company contested the violations, which were affirmed as final order on November 14, 2014, with respect to the same worksite.

"Quality Ready Mix needs to make immediate improvements to its safety programs at this plant," said Kimberly Nelson, OSHA's area director in Toledo. "It is disappointing when employers are cited for repeated violations because it demonstrates that they do not take safety seriously."

Proposed penalties total $51,920.

Framing Contractor Fined $44,600 for Failing to Report Hospitalizations

Additionally, five serious violations were cited for inadequate bracing on trusses, extension cords with exposed wiring and missing grounding pins, failing to provide hazard recognition training, and failing to take damaged personal fall arrest systems out of service. The other-than-serious violation was cited for failing to report the hospitalization of employees to OSHA within 24 hours.

OSHA opened the inspection July 20 after receiving a referral from the Fort Worth Police Department regarding four workers requiring hospitalization after falling when a roof truss collapsed at a commercial construction site. . As of January 1, 2015, a company is required to report the hospitalization of one or more employees, amputation, or loss of an eye within 24 hours.

Proposed penalties total $44,600.

"Jose Luis Hernandez exposed his workers to unnecessary injuries and jeopardized their safety and livelihood by failing to provide necessary and required fall protection," said Josh Bernstein, OSHA's acting area director in Fort Worth. "It is the employer's responsibility to provide a safe and healthy workplace and that includes fall protection for employees who work at a height of six feet or more at a construction site."

OSHA Renews Alliance to Protect Roadway Construction Workers

The renewed alliance will continue for five years.

The alliance promotes a culture of safety in the roadway construction industry, especially among non- and limited-English speaking workers. Members collaborate to reduce workplace incidents, especially preventing worker exposures to run-over and back-over hazards, excessive noise, sprains and strains, and illnesses related to silica exposure.

"Employees who work in highway construction work zones face serious dangers, not only from construction equipment but from motorists as well," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "I am confident that the information and resources generated from this renewed alliance will prove beneficial in reducing worker injuries and fatalities."

. The Roadway Work Zone Safety and Health Partners have distributed information on OSHA's campaigns to prevent falls in construction and reduce the risks of heat illness.

Signatories include the American Road and Transportation Builders Association; National Asphalt Pavement Association; Laborers' International Union of North America [LIUNA]; Laborers' Health and Safety Fund of North America; LIUNA Training and Education Fund; International Union of Operating Engineers; Associated General Contractors of America; International Safety Equipment Association; and American Association of State Highway and Transportation Officials.

The purpose of each alliance is to develop compliance assistance tools and resources and to educate workers and employers about their rights and responsibilities. Alliance Program participants do not receive exemptions from OSHA inspections or any other enforcement benefits.

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