Connie M. Knight, 47, previously of Belle Chasse, Louisiana, was sentenced to serve 57 months in prison in New Orleans federal court late yesterday for providing fraudulent hazardous waste safety training in the wake of the Deepwater Horizon explosion and spill, announced Ignacia S. Moreno, Assistant Attorney General of the Justice Department’s Environment and Natural Resources Division, and Dana Boente, US Attorney for the Eastern District of Louisiana. In addition, Ms. Knight was ordered to pay victim restitution in the amount of $25,300.
“On the heels of the largest environmental disaster in US history, Knight illegally profited from a community already suffering from the impacts of the oil spill by impersonating a federal official and raising false hopes for employment. For that she is being held accountable to the fullest extent of the law,” said Ignacia S. Moreno, Assistant Attorney General for the Environment and Natural Resources Division. “The Department of Justice is committed to environmental justice and will vigorously prosecute those who victimize vulnerable communities.”
“Knight took advantage of an environmental disaster and the resulting vulnerabilities of an immigrant community,” said US Attorney Boente. “Her callous crime focused on her financial gain, ignoring the potential harm to the restoration of the Louisiana coastal region.”
On January 24, 2013, Knight pleaded guilty to three felony criminal charges and one misdemeanor criminal charge for creating false identification documents and impersonating a federal official. Court documents explained how, in the wake of the Deepwater Horizon oil spill, Knight impersonated a high-ranking OSHA hazardous waste safety instructor and inspector in order to collect money from individuals who hoped to work on the cleanup effort that followed the spill. Knight created and used multiple false federal identifications to bolster her credibility as an OSHA employee and to convince attendees, who were primarily from the Southeast Asian fishing community, that she could ensure them lucrative employment cleaning the spill. In reality, Knight did not have any connection to OSHA, to the cleanup effort, nor did she have training in hazardous waste safety.
Daniel R. Petrole, Deputy Inspector General for the US Department of Labor’s Office of Inspector General stated, “Today’s sentencing sends a strong message to those who would intentionally engage in fraudulent activity that compromises the integrity of the Department of Labor’s OSHA program.”
“The defendant not only defrauded people who were desperate for jobs, but also created a risk that poorly trained workers could expose both themselves and the public to hazardous waste that was improperly handled or cleaned up,” said Cynthia Giles, Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance.
Knight claimed her classes satisfied the various safety requirements that all individuals were to complete in order to be employed at a Deepwater Horizon hazardous waste cleanup site. Her fraudulent classes, however, lasted as little as two hours, while the legitimate certifications would take at least six days of classroom training followed by three days of on-site training. At least some attendees later gained access to hazardous waste cleanup sites based on the fraudulent certifications created by Knight.
“OSHA will not tolerate fraudulent training or unscrupulous activity when workers' health and lives may be at stake,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “Inadequate training jeopardizes the safety and health of workers cleaning up hazardous waste sites.”
At the sentencing, Federal District Court Judge Lance Africk considered statements from victims who recounted how Knight targeted the Southeast Asian fishing communities in southern Louisiana, many of whom did not speak or read English. Court documents explained that because many shrimp grounds were closed from the time of the spill through late 2010, Gulf fishermen had to seek other means of employment. To gain access to these fishermen and their families, Knight convinced young bilingual individuals from Southern Louisiana, who believed her to be an OSHA trainer, that she could be a source of employment for their struggling communities. She then used those individuals to publicize her trainings throughout the Vietnamese, Cambodian, and Laotian neighborhoods.
According to court documents, Knight required each attendee to pay between $150 and $300 cash to enter a class, and there were at least 950 victims in the Eastern District of Louisiana. After a short presentation in English, Knight would provide false completion certifications and tell attendees to ready their vessels for BP cleanup work, which she claimed would be coming any day.
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 SDSs.
Baltimore RCRA, DOT, IATA/IMO, and GHS HazCom Training
Baton Rouge RCRA and DOT Training
Newark RCRA and DOT Training
CSB Releases Video Documenting the Blast Damage in West, Texas
On May 3, 2013, US Chemical Safety Board investigator Jerad Denton took a film crew into West, Texas, to document the level of community damage from the fertilizer explosion that killed 14 and injured about 200 others.
As other agencies wrapped up their on-site investigations into the ammonium nitrate explosion at West Fertilizer in West, Texas, the US Chemical Safety Board (CSB) is continuing its work to examine all aspects of the tragedy will continue in the town of West, at the Western Regional Office in Denver, and at the agency’s headquarters in Washington, DC.
The CSB deployed a team of approximately 18 investigators and other technical experts within 24 hours of the incident on April 17, and has maintained an almost continuous presence in West since then. The sudden blast led to at least 14 fatalities, approximately 200 injuries, and widespread damage and destruction in the small town of West, Texas, located between Dallas and Waco.
CSB Chairperson Rafael Moure-Eraso said, “On behalf of our investigation team and the board, I would like to thank the mayor, fire and police officials, community members and West Fertilizer employees for their outstanding cooperation with the CSB during an extraordinarily difficult period. Our hearts go out to the residents, employees, and emergency responders and we want everyone to know we are fully committed to providing a thorough public account of all the factors that led to this catastrophe. After a disaster of this scale, it is essential to pursue improved safety as we look toward the future.”
CSB Western Regional Office Director Don Holmstrom said, “The CSB will be examining many issues surrounding the explosion such as the safe storage and handling of ammonium nitrate, the siting of vulnerable public facilities and residential units near the facility, and emergency responder safety. In addition, the investigation will examine the adequacy of national standards, industry practices, and regulations for the safe storage and handling of ammonium nitrate.”
CSB investigation areas of inquiry will include ammonium nitrate safe handling and storage standards here and in other countries such as the UK and Australia; land use planning and zoning practices for high-hazard facilities in relation to schools, public facilities, and residential areas; ammonium nitrate detonation mechanisms; the effectiveness of regulatory coverage including OSHA, EPA, and the State of Texas; whether there are inherently safer products or safer ways to store and mitigate the damage should a fire or explosion occur. The investigation will examine the emergency response during the fire at West, and practices, including preparedness, fire codes, and guidelines for good practices found in other jurisdictions.
Dr. Moure-Eraso stressed the CSB does not issue fines or penalties of any kind, or seek civil or criminal sanctions. “We do not look for individual fault or blame with regard to actions taken before an accident or in response to them. Rather, we produce what are called root cause investigations.”
The CSB is in the process of conducting witness interviews and gathering documents and other evidence. It has documented blast damage and patterns in the community, and will engage in testing chemical samples and conducting a thorough analysis of the nature and magnitude of the blast, and its actual and potential consequences.
Chairperson Moure-Eraso said, “This accident produced far more offsite community damage and destruction than any we have investigated since the agency opened its doors in 1998. We will release information and findings when possible as we continue our work, and in the end will issue a comprehensive root cause report with recommendations. We also encourage members of the public and stakeholders to share information directly with the CSB as the investigation progresses.”
Pennsylvania Excavator Facing Nearly $179,000 in Fines for Trenching Hazard Violations
OSHA initiated two inspections under a special emphasis program on trenching and excavation when inspectors found unprotected trenches—one 7 feet deep and the other more than 5 feet deep—at two different work sites. Proposed penalties total $178,860.
"This company continues to take unnecessary safety risks by not utilizing the safeguards needed to protect workers from trenching hazards," said Mark Stelmack, director of OSHA's Wilkes-Barre office.
Two willful violations, with $92,400 in penalties, involve failing to provide a protective system to prevent a trench cave-in. A willful violation is one committed with intentional knowing or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health.
Five repeat violations, with $73,920 in penalties, involve failing to instruct workers in the recognition and avoidance of hazardous conditions, provide a safe means of egress from trenches and ensure excavations are inspected daily by a competent person. A repeat violation is issued 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. Similar violations were cited in 2008 and 2009.
OSHA's SVEP focuses on recalcitrant employers that endanger workers by committing willful, repeat, or failure-to-abate violations. Under the program, OSHA may inspect any of the employer's facilities if it has reasonable grounds to believe there are similar violations.
Additionally, three serious violations, which carry $12,540 in penalties, were cited for the lack of reflective vests for workers exposed to vehicular traffic and excavated material not farther than 2 feet from the edge of the trench. A serious citation is issued 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.
Two other-than-serious violations, carrying no penalties, involve the lack of a written hazard communication program and material safety data sheets. 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.
Workshops Scheduled for Changes to California’s Proposition 65
On June 17, 2013, in the Sierra Hearing Room at the Cal/EPA Headquarters Building located at 1001 I Street, Sacramento, California, the Office of Environmental Health Hazard Assessment (OEHHA) will hold two public pre-regulatory workshops for the purpose of gathering input from interested parties concerning two possible regulatory actions. The workshop on a possible regulation concerning the listing of chemicals under the Proposition 65 Labor Code mechanism will be held from 9:00 to 11:30 a.m. The workshop on possible amendments to the regulations governing qualifications for members of the Carcinogen Identification Committee (CIC) and the Developmental and Reproductive Toxicant Identification Committee (DART-IC) will be held from 1:00 to 3:30 p.m.
These are pre-regulatory workshops. In the event OEHHA decides to formally propose either or both of the possible regulations, additional opportunities for public input and comments will be provided. Interested parties may submit their ideas on these possible regulations in writing by 5:00 p.m. on July 1, 2013.
Potential Regulatory Actions
- OEHHA is considering a rulemaking that would clarify the procedure and criteria it uses to list and de-list chemicals via the "Labor Code" listing mechanism of Proposition 65.
- OEHHA is considering amendments to the current regulations that would clarify and make specific the qualification requirements for members of the CIC and DART-IC. The possible regulatory action would also repeal a redundant section in the existing regulation concerning financial disclosure requirements for committee members.
Section 25302(a) establishes two committees of qualified experts within the Science Advisory Board, known as the Carcinogen Identification Committee and the Developmental and Reproductive Toxicant Identification Committee. Subsections 25302(b)(1) and (2) set out the areas of expertise for the members of the two committees. Section 25304 describes the economic interests disclosure requirements for committee members.
OEHHA is the lead agency for implementation of Proposition 65 (The Safe Drinking Water and Toxic Enforcement Act of 1986, Health and Safety Code section 25249.5 et seq., hereafter referred to as Proposition 65 or the Act). As part of its responsibilities related to Proposition 65, OEHHA maintains the regulations implementing the Act. These regulations can be found in Title 27 of the California Code of Regulations, sections 25000 through 27000.
Phoenix Industrial Cleaning Fined $77,200 after Worker Dies Cleaning Storage Tank
Phoenix Industrial Cleaning has been cited for 28 serious safety violations following the November 29, 2012, death of a worker who fell from ladder inside a storage tank, apparently after being overcome by methylene chloride vapors at a chemical manufacturing facility in Wheeling, Illinois. OSHA has proposed $77,200 in fines.
"No job should cost a person's life because of an employer's failure to properly protect and train workers," said Diane Turek, OSHA's area director for the Chicago North Area Office in Des Plaines. "Phoenix Industrial Cleaning failed in its responsibility to evaluate working conditions and provide proper respiratory and personal protective equipment to workers cleaning storage tanks containing hazardous chemicals."
OSHA defines a confined space as having a limited or restricted means for entry or exit, and not being designed for continuous employee occupancy.
Serious violations that involve OSHA's respiratory protection standards include failing to evaluate the respiratory hazards present and select appropriate respiratory protection based on such hazards, provide a written respiratory protection program and train workers on such a program, conduct medical evaluations for workers required to use respiratory protection, and conduct proper respiratory protection fit-testing.
Additional serious violations involve OSHA's methylene chloride standard, such as failing to provide workers with information and training on the hazards associated with methylene chloride, assess exposure, and provide effective protective garments.
Phoenix Industrial Cleaning performs industrial cleaning of cooking exhaust ventilation, tanks, silos, and similar equipment at industrial and commercial work sites. OSHA has conducted four previous inspections, two of which resulted in citations for violating standards on confined spaces. The last OSHA inspection was in 2001.
Government Contractor Workers Hospitalized from Flash Fire Burns
Two government contractors, Emcor Group Inc., of Arlington, Virginia, doing business as Emcor Government Services, and EEC Inc., of Landover, Maryland, face total penalties of $60,200 following an OSHA inspection in November 2012 prompted when three workers were hospitalized. The contract companies were hired to replace commercial ductwork insulation at a building in Washington, DC. The three workers were seriously burned and hospitalized due to a flash fire in the ductwork.
Emcor Government Services was cited with six serious violations, carrying a $35,000 penalty, for failing to control flammable vapors, address hazards associated with working in confined spaces, identify precautions during hot work operations, ensure safe performance of welding operations in a flammable atmosphere, and ensure the use of approved electrical equipment in a flammable atmosphere.
EEC Inc., faces a $25,200 penalty for 16 serious violations, including failing to properly store highly flammable material, control flammable vapors, identify precautions during hot work operations, perform a hazard assessment to determine correct personal protective equipment, recognize hazards associated with working in confined spaces, and failing to properly use a ladder. Additionally, EEC Inc., failed to ensure workplace safety during welding operations in a flammable atmosphere, provide hazardous communication training, and ensure the use of approved electrical equipment in a flammable atmosphere.
"Confined spaces are commonly characterized by toxic, oxygen-deficient or flammable atmospheres that can be deadly for employees working in those spaces," said Michael Stracka, acting director of OSHA's Baltimore Area Office. "No worker should ever enter a confined space until the atmosphere has been tested, atmospheric hazards have been eliminated or proper respiratory protection is supplied and used, and adequate rescue procedures are in place."
Chicago Printing Machinery Manufacturer Fined Almost $120,000 for Unsafe Spray Finishing Operations
The complaint inspection was initiated at the Chicago printing machinery manufacturer on November 14, 2012. Proposed penalties total $119,700.
"A.W.T. World Trade failed to implement effective measures during the handling of flammable liquids and associated spray finishing operations," said Diane Turek, OSHA's area director for the Chicago North Office in Des Plaines. "Employers have a responsibility to provide a safe and healthful work environment. They must provide personal protective equipment and train workers to take precautions to protect themselves from known hazards in their industry."
A total of 27 serious safety and health violations were cited, including lack of a written hazard communication program, not providing employees information and training on hazardous chemicals present in the work environment, lack of machine guarding, failure to ensure use of eye protection during welding operations, failing to properly secure and store welding gas cylinders, violations associated with the use and storage of flammables used in spray finishing operations, and interior surfaces of the spray paint booth being coated with excessive residues of flammable paints.
Serious respirator protection standard violations included lack of a written respiratory protection program, failing to select the proper respirator for the hazards present, improper storage and fit, lack of medical evaluations for employees required to wear respirators, and failing to train workers in the proper use of respirators.
Serious violations of electrical standards included the use of flexible cords instead of fixed wiring, lack of strain relief, and obstructing the space around electrical panels.
One other-than-serious health violation was cited for failing to verify that a required personal protective equipment assessment had been performed through a written certification.
Masonry Contractor Cited for Fall Hazards at New Jersey Residential Project
OSHA has cited Ridgefield Park, New Jersey, masonry contractor, F. Pardo Corp., with two repeat violations found while the company installed brickwork on a residential structure in Paramus, New Jersey. OSHA's February investigation was initiated as a result of an imminent danger fall hazard. Proposed penalties total $46,200.
The repeat violations were due to employees being exposed to falling object hazards while working below masonry activities without wearing hard hat protection. Employees were also exposed to fall hazards of approximately 18 feet while working on a fabricated frame scaffold without any means of fall protection in place. The company was cited for the same violations in 2010 and 2011.
"This company continues to needlessly jeopardize the safety of its workers by repeatedly failing to provide them with personal protective equipment appropriate for the job," said Lisa Levy, director of OSHA's Hasbrouck Heights Area Office. "Employers who disregard OSHA standards and do not uphold their responsibility to keep workers safe and healthy will be held legally accountable."
The webpage offers fact sheets, posters, and videos that illustrate various fall hazards and appropriate preventive measures.
New Jersey Stucco Contractor Fined Over $50,000 for Scaffold Hazards
OSHA's December 2012 investigation was initiated in response to a referral from an electrical utility company, with the investigation resulting in $53,240 in proposed penalties for the stucco contractor.
The repeat violations, carrying a $50,160 penalty, were due to the company's failure to fully plank scaffolds; provide base plates on scaffold legs, fall protection, and adequate bracing on scaffold components; and ensure cross braces were not used by workers to access the scaffold. The company was cited for the same violations in 2010.
The serious violation, with a $3,080 penalty, was cited because the scaffold was used in close proximity to power lines.
"Scaffolding is an essential tool for the type of work this company was doing. When working from scaffolding, fall protection is a basic and required safeguard. There's no reason for an employer's failure to have proper and effective protections in place and in use at all times at all job sites," said Kris Hoffman, director of OSHA's Parsippany Area Office. "OSHA will continue to hold employees accountable when they fail to provide safe and healthful workplaces for employees."
OSHA Forms Alliance with Dominican Republic Consulate General to Benefit Workers in the Northeast
OSHA and the Consulate General of the Dominican Republic in New York have formed an alliance to promote workplace safety and health standards for Dominican nationals and others in Connecticut, New Jersey, New York and Pennsylvania. The alliance will provide information, guidance, and access to education and training resources for these workers and their employers.
Efforts will focus on the prevention of falls, electrical shock, chemical, noise, and silica hazards in the workplace. The alliance also will alert workers and employers to their rights and responsibilities under the Occupational Safety and Health Act, including the OSHA complaint process.
"This alliance will provide workers with valuable information to protect their health and well-being, as well as their rights in the workplace," said Robert Kulick, OSHA's regional administrator in New York. "It will equip workers and employers with the knowledge and ability to recognize and correct workplace hazards, and inform them of the steps they can take to ensure a safe and healthful workplace. We look forward to partnering with the Consulate General of the Dominican Republic on this vital endeavor."
The alliance was signed at the Consulate General of the Dominican Republic in New York by Kulick and Consul General Felix Antonio Martinez. Additional signatories are OSHA Regional Administrators Marthe Kent from Boston and MaryAnne Garrahan from Philadelphia, and OSHA Regional Diverse Workforce Coordinator Diana Cortez.
The purpose of each alliance is to develop compliance assistance tools and resources, and educate workers and employers about their rights and responsibilities. Alliance Program participants do not receive exemptions from OSHA inspections or any other enforcement benefits.
New Members Appointed to OSHA Advisory Committee on Construction Safety and Health
Members of the ACCSH serve two-year terms and represent the interests of the public, employers, employees, and state government.
"Each of the new members brings a wealth of knowledge and real-world experience on a wide range of issues spanning the construction industry," said Assistant Secretary of Labor for Occupational Safety and Health, Dr. David Michaels. "We look forward to their valuable expertise and guidance on how to further improve workplace safety for our nation's construction workers."
The 15-member committee meets at least twice a year. The newly appointed and re-appointed members will join seven other current members serving the remainder of their terms on the committee.
Two members represent the public:
- Jeremy Bethancourt, co-owner and program director, Arizona Construction Training Alliance, ASSE, NSC, ABA
- Letitia K. Davis, director, Occupational Health Surveillance Program, Massachusetts Department of Public Health, Boston, Massachusetts (re-appointed)
Five members represent employees:
- Sarah M. Coyne, executive assistant director, International Union of Painters and Allied Trades/Finishing Trades Institute, Elkridge, Maryland (new)
- Roger Erickson, mobilization, optimization, stabilization and training administrator, International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, AFL-CIO, Kansas City, Kansas (current)
- Walter A. Jones, occupational safety and health associate director, Laborers' Health and Safety Fund of North America, Washington, DC (current)
- Laurie A. Shadrick, training specialist, United Association of Plumbers and Pipefitters, Annapolis, Maryland (re-appointed)
- Erich J. (Pete) Stafford, director, safety and health, Building and Construction Trades Department of the AFL-CIO, Silver Spring, Maryland (re-appointed)
Five members represent employers:
- Kristi K. Barber, president, Glen C. Barber and Associates Inc., Rapid City, South Dakota (current)
- Kevin R. Cannon, safety and health services director, Associated General Contractors of America, Arlington, Virginia (re-appointed)
- Thomas Marrero, national safety director, Tradesmen International, Inc., Macedonia, OH (re-appointed)
- Donald L. Pratt, president and CEO, Construction Education & Consulting Services of Michigan, Auburn, Michigan (current)
- Jerry Rivera, national director of safety, National Electrical Contractors Association, Silver Spring, Maryland (new)
Two members represent state governments:
- Steven D. Hawkins, assistant administrator, Tennessee Occupational Safety and Health Administration, Nashville, Tennessee (current)
- Charles Stribling, occupational safety and health federal-state coordinator, Kentucky Labor Cabinet, Department of Workplace Standards, Frankfort, Kentucky (re-appointed)
One member was appointed by the secretary of the US Department of Health and Human Services:
- Matt Gillen, construction program coordinator and senior scientist, Centers for Disease Control — National Institute for Occupational Safety and Health, Washington, DC (current)
ACCSH has advised the assistant secretary of labor for occupational safety and health on construction standards and policy matters for nearly 40 years.
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