From May 4 to 15 companies across the country will stop their work, provide focused talks on fall prevention, and re-commit themselves to on-the-job safety. A new promotional video is now available to encourage employers in various industries to participate. The video reminds viewers that falls are the leading cause of death in construction, having killed more than 3,500 workers over the last decade, but every fall can be prevented with the right equipment and training. Last year more than 1 million employers and workers across the country joined the effort, and this year OSHA and its partners hope to reach over 3 million people at over 20,000 stand-down events.
Learn how you can be a part of this international effort by visiting OSHA’s 2015 Stand-Down page. Download or order free fall prevention training materials in both English and Spanish, including the new 2015 Stand-Down poster, find a list of local events, and also receive a certificate of participation signed by Secretary of Labor Thomas E. Perez.
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.
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April 28 Is Workers’ Memorial Day
Every year, nearly four million workers are injured or made sick at work, and more than four thousand die from preventable work-related injuries or illnesses. In a series of Workers’ Memorial Day events on and around April 28, OSHA’s national and regional offices will remember those who have been lost, disabled, injured, or sickened on the job. On this day we also, in their honor, renew our commitment to protecting the health and safety of every worker. Workers’ Memorial Day events will be updated on the events calendar over the coming weeks.
California Return-to-Work Program Offers Supplemental Payments for Injured Workers
California’s Department of Industrial Relations (DIR) recently launched the Return-to-Work Supplement Program for injured workers.
“This program is another example of the benefits that SB 863 brought about for injured workers,” said DIR Director Christine Baker. “Many workers face economic hardship when they suffer disabling work injuries and this supplement will help them regain some of those lost earnings.”
All completed applications will be reviewed for eligibility within 60 days from the date of filing. Payment to workers will be made within 25 days of the eligibility determination.
Governor Brown’s landmark worker’s compensation reform, SB 863, became law on January 1, 2013, with benefits to workers that included a 30% increase—more than $800 million per year—in permanent disability indemnity rates for workers, and an independent medical review (IMR) system for resolving medical treatment disputes with review by a physician to ensure that injured workers receive timely and appropriate medical treatment. Included in the major benefit increase is up to $120 million annually in Return-to-Work special funds, for injured workers whose employers do not offer them continued employment after the injury at approximately the same pre-injury income levels.
SB 863’s cost savings to businesses are also significant, resulting in lower medical loss, indemnity, and medical severities. The recent proposal by the WCIRB for a reduction of 10.2% in pure premium rate from the approved average of January 1, 2015, can be attributed in large part to the reforms’ cost-saving efficiencies.
Regulations for the Return-to-Work Supplement Program were approved by the Office of Administrative Law (OAL) and filed with the Secretary of State on April 6, 2015. These regulations were implemented and are authorized by Labor Code section 139.48.
Chicago Dryer Co. Fined $171,000 for Failure to Guard Press Brakes, Operating Damaged Cranes
Despite these dangers, OSHA recently cited one Chicago-based manufacturer for ignoring safety requirements and putting workers at risk for debilitating injuries.
Chicago Dryer faces proposed penalties of $171,000.
“When a press brake lacks safety features, one slip and a worker can lose a hand,” said Angeline Loftus, area director of OSHA’s Chicago North Area Office in Des Plaines. “OSHA found multiple serious violations in this industrial setting. Chicago Dryer needs to address the use of damaged equipment immediately and lack of training that puts workers at risk for serious and potentially fatal injuries.”
Responding to an employee complaint, agency investigators saw workers endangered by machine hazards during the manufacturing process. Employees were exposed to unguarded press brakes, resulting in one willful violation. 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.
Chicago Dryer did not remove damaged crane slings and powered industrial vehicles from use; exposed workers to fall hazards because railings were not installed on open stairs and working surfaces; and failed to develop machine-specific procedures for controlling unintentional machine operation during service and maintenance, including affixing locking devices. Additionally, exit routes were blocked and exit doors were locked. Electrical safety hazards and lack of training were also noted. A total of 20 serious safety and health 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.
Safety Violations Led to Electrocution Death at Metal Shredders Inc.
Metal Shredders Inc., in Miamisburg, Ohio, a subsidiary of Cohen Brothers Inc., Middletown, Ohio, was investigated by OSHA on October 16, 2014. OSHA’s Cincinnati Area Office initiated a fatality inspection after a 33-year-old maintenance worker was electrocuted. OSHA’s investigation found Metal Shredders failed to protect the welder from an energized electrical line while he was cutting a metal roof off an industrial transformer substation at the facility.
Investigators found Metal Shredders failed to verify that electrical lines were absent of voltage after turning off the disconnect switch inside the transformer substation cabinet, resulting in a willful violation. The 10-year employee attempted to enter the substation by climbing over a concrete wall and fence on the side of the transformer substation and his foot touched the electrical line, which was still energized, and was electrocuted.
“This was a tragic death that could have been prevented by following basic safety practices for working with high voltage transmission lines,” said Ken Montgomery, OSHA Area Director in Cincinnati. “Employers who work with high voltage electricity must train workers in recognizing hazards and proper procedures to de-energize lines, and ensure the working environment is safe. No workers should lose their life on the job.”
A. Hyatt Ball Co. Inc. Charged for Exposing Employees to Fire, Explosion, other Hazards
A manufacturer of custom-sized resin balls used in the petroleum industry failed to protect its employees from the risk of death or serious injury from potential fires, explosions, and other hazards by not providing and using mandatory safeguards, OSHA inspectors have found.
Officials from OSHA’s Albany Area Office began inspecting the A. Hyatt Ball Co., Inc., plant in Fort Edward, New York, in October 2014, in response to complaints. Inspectors identified 48 violations of workplace safety and health standards, resulting in $105,200 in proposed fines.
“Our inspection identified a disturbing number of violations. A. “The ball manufacturing process requires the storage and use of up to 1,900 pounds of a flammable formaldehyde solution.
OSHA found that the plant lacked such a program. In addition, inspectors found the presence of combustible resin dust; flammable liquids improperly stored and transferred; no audible fire alarm and fire-suppression system; and locked and obstructed exit routes. All of these violations increased the risk of employees being killed, injured or unable to escape from a fire or explosion.
“Protecting its employees must be an active, ongoing process for A. Hyatt Ball. The company must correct not only the chemical, fire and explosion hazards, but also the wide range of violations that expose its employees to falls, crushing injuries, chemical burns, lacerations and eye and face injuries,” said Castillon.
Worker Electrocuted Because Employer Did Not Ensure Safety Procedures Were Followed
Lee Dasher used a circuit testing technique that bypassed safety protocols designed to protect workers from electrical currents. He contacted an energized circuit and later died from injuries he sustained. Duke Energy knew workers bypassed safety protocols to conduct testing, but it did not enforce safety standards. Due to this practice, the company has a history of nonfatal shock injuries.
OSHA inspected the utility company after learning of Dasher’s injury. OSHA found Duke Energy responsible for one willful and five serious safety violations. Proposed penalties total $90,000. “Duke Energy is aware of the fatal hazards that Dasher and other workers are exposed to, but failed to implement control measures its safety team developed to protect employees,” said Brian Sturtecky, director of OSHA’s Jacksonville Area Office. “This tragedy could have been prevented had management not delayed in making the workplace safe.” A willful citation was issued to Duke Energy for failure to have a qualified observer present during testing that could immediately de-energize circuits. OSHA issued serious citations for failure to ensure that transformers were grounded and safety checked between each test and to provide training to workers who assisted with transformer testing.
Another citation included failure to ensure controlled access to the test area to protect workers from electrical shock hazards.
Union Pacific Railroad Charged for Retaliation Against Injured Worker
An investigation by OSHA has determined that management of the Union Pacific Railroad added insult to injury when it blamed a worker in Roseville who was hurt on-the-job and then retaliated against him for reporting his injury in February 2011.
As a result, OSHA has ordered the railroad to pay the worker $100,000 in punitive and compensatory damages.
This case follows a pattern of behavior by Union Pacific toward its injured employees.
“Union Pacific has repeatedly retaliated against workers who report on-the-job injuries,” said Barbara Goto, acting OSHA regional administrator in San Francisco. “That flies in the face of the protections that the FRSA affords.”
After being hurt, the employee in Roseville reported his injury. Although evidence at an investigatory hearing proved otherwise, Union Pacific charged the employee with causing his own injury by not using proper ergonomic and safety techniques. The company suspended him without pay for five days.
In November 2012, Union Pacific apparently changed course. The company expunged the employee’s record and paid him for the day he attended the investigation hearing and the five days of his suspension. Since the company voluntarily corrected the retaliation, OSHA assessed $50,000 in punitive damages.
Any of the parties in this case can file an appeal with the department’s Office of Administrative Law Judges.
Union Pacific is the principal operating company of Union Pacific Corp, which functions in 23 states across the western two-thirds of the United States. It has 47,000 employees and operates 8,000 locomotives over 32,000 route miles.
OSHA enforces the whistleblower provisions of the FRSA and 21 other statutes protecting employees who report violations of various airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health care reform, nuclear, pipeline, worker safety, public transportation agency, railroad, maritime, and securities laws.
Employers are prohibited from retaliating against employees who raise various protected concerns or provide protected information to the employer or to the government.
Grede Wisconsin Subsidiaries Fined $98,000 for Exposing Workers to Silica Dust
October 10, 2014, OSHA’s Madison Area Office initiated an inspection at the Wisconsin Grede Subsidiaries, LLC, in Browntown, Wisconsin.
The company was cited for similar hazards in March 2014.
Grede Wisconsin Subsidiaries has signed a comprehensive settlement with OSHA to resolve the health violations at the company’s facilities in Browntown, Wisconsin.
Under the terms of the agreement, the company will abate all health hazards identified by OSHA, which include three repeated and one serious violations for failing to properly fit and train workers for respirator use and failing to train workers about hazardous chemicals found in the workplace. Grede will also pay $98,000 in OSHA penalties by May 30, 2015.
“These citations reflect that the company still has some ground to cover in its efforts to modernize the facility and management systems. However, OSHA has seen significant improvements in commitment to safety under the new ownership,” said Chad Greenwood, OSHA Assistant Area Director in Madison. “OSHA is encouraged by the efforts made to date and the quick response of the company to commit to further improvements, improve training and safety procedures and address equipment and facility processes that have the potential to expose workers to hazards.”
Grede has agreed to the following:
- Hire a short term safety specialist to focus on specific program improvements
- Reduce employee’s potential for exposure to silica, by obtaining an engineering report for the basement conveyor to reduce sand spillage by the end of 2015, and adopt feasible engineering controls. Additionally, the company will purchase a high-powered mobile vacuum truck for sand cleanup projects.
- Conduct safety stand downs for employees, and issue safety bulletins on respirator use and fitting as well as silica hazards and provide OSHA documentation that employees have received such training
- Install software to track safety training
- Issue employees cards identifying their rights to report/refuse to work in unsafe conditions
The Browntown facility became a Grede plant in 2010. Similar violations were cited at the Browntown plant in both 2012 and 2014, many of the past citations involved different ownership.
Formosa Plastics Corp., 6 Subcontractors Expose Workers to Chemical Hazards
Formosa Plastics Corp. Texas; Infinity Maintenance; Maxim Crane Works; APRM Inc., doing business as, Plant Maintenance Services; Clark Constructors LLC, Process Service Specialist and Turner Industrial Group were cited by OSHA for exposing workers to chemical hazards. The Occupational Safety and Health Administration began investigating the natural gas processing facility in Point Comfort, Texas, in October 2014 after the facility experienced five incidents involving potential chemical releases in three days, resulting in worker injuries.
OSHA proposed $50,000 in penalties for Formosa Plastics Corp., for eight safety and health violations, including:
- Not having adequate permits or conducting preventative maintenance
- Improper maintenance of equipment contributed to the release of sulfuric acid and chlorine
- Not providing face shields to workers who removed sulfuric acid from storage tanks
- Not requiring employees to wear respiratory protection when exposed to a chlorine vapor cloud
Infinity Maintenance and Maxim Crane Works were each cited for one serious violation for not providing adequate training to the workers who sustained chemical burns from sulfuric acid. Each violation carries a $7,000 proposed penalty. Infinity Maintenance was also cited for not keeping accurate OSHA 300 recordkeeping forms, with a penalty of $5,000.
APRM Inc., Clark Constructors, LLC, Process Service Specialist and Turner Industrial Group were each cited for one serious safety violation for exposing employees to a hydrochloric vapor cloud without providing adequate training on the possible hazards they could encounter. Combined proposed penalties total $27,300.
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.
Combined proposed penalties total $96,300.
“Inhaling corrosive chemicals such as hydrochloric acid and chlorine can cause serious, even deadly, injuries,” said Michael Rivera, OSHA’s area director in Corpus Christi. “To send workers into that environment without personal protective equipment or proper training is unacceptable.”
Wodin Inc. Fined $80,500 when Worker Loses Fingertip on Machine
On just his second day on the job, a 28-year-old man working on a machine to forge parts lost a fingertip in a November 2014 incident that investigators say could have been prevented if his employer had trained the man to properly operate the upsetter machine and the machine had proper safety mechanisms. The man was unable to work for two weeks after the injury.
As a result of its investigation of the November 5, 2014, incident in which the man suffered the loss of the tip of his left ring finger, the agency cited 23 serious safety violations and has proposed penalties of $80,500.
“Allowing a worker to operate dangerous machinery without providing training is unacceptable. Wodin failed to follow basic safety precautions and train workers in safe operation of dangerous industrial machinery,” said Brigitte Frank, OSHA’s acting area director in Cleveland.
Each year, more than 200,000 American workers suffer cuts, lacerations, and amputations from operating parts of dangerous machinery. Investigators often find various upsetters, power press brakes, and forging machines used in the plant lack adequate safety mechanisms. Machine hazards continue to be among the most frequently cited by OSHA.
The agency determined that Wodin also failed to provide adequate hand tools when forging hot parts, inspect cranes, and guard floor hole openings to prevent trips and falls. Inspectors also noted that damaged powered industrial trucks were not removed from service. The company also failed to train workers on hazardous chemicals and properly label chemical containers.
In total 23 serious citations were issued.
OSHA Cites C.I.C. Corp. for 1 Willful, 5 Serious Violations, Penalties Total $73,290
Each day, somewhere in this country, construction workers fall. One wrong step can send them tumbling down a steeply pitched roof, sliding or dropping off an unstable ladder, or left hanging fearfully from a scaffold. In these cases, one thing stands between them and tragedy: fall protection.
On a job site in Des Plaines, tragedy was averted for a nine-person crew. They were observed working without fall protection because their employer, C.I.C. Corp., failed to require its use despite its availability. OSHA inspectors intervened and cited the company for one willful and five serious safety and health violations for exposing workers to falls and serious health hazards. OSHA has proposed fines of $73,290.
“Roofing contractors like C.I.C. must provide fall protection and ensure that workers use it. It is disheartening that this contractor, which was cited for the same safety violations in 2011 and 2013, allowed life-saving equipment to sit unused at a job site where, in just seconds, a worker could fall and suffer critical injuries,” said Angeline Loftus, OSHA’s area director for the Chicago North Area Office in Des Plaines. “Falls are the leading cause of death in the construction industry. Hundreds of workers die each year, and thousands more suffer catastrophic, debilitating injuries.
Inspectors saw the crew working without fall protection on a low-slope roof atop a building operated by the Housing Authority of Cook County, which resulted in the willful violation. OSHA also determined C.I.C. Corp., failed to train workers in fall-hazard awareness.
Employees were also not trained in the health hazards of these chemicals. Found in insulation, surface coatings, adhesives and other products, isocyanates are a skin and respiratory sensitizer and the leading cause of work-induced asthma.
In total, five serious violations were noted.
To educate construction workers and employers about how to recognize fall hazards and reduce their risks, OSHA and its partners encourage all employees and employers who face workplace fall hazards to participate in this year’s National Fall Safety Stand-Down from May 4-15.
- Conduct a Stand-Down event for your company
- Obtain a certificate of participation
- Access free education and training resources, fact sheets and outreach materials in English and Spanish. Find free Stand-Down events open to the public.
. Additional partners for this year’s event include the American Society for Safety Engineers; National Safety Council; National Construction Safety Executives; the US Air Force; OSHA-approved state plans; state consultation programs; and OSHA Training Institute Education Centers.
Johnson Controls Battery Group Fails to Monitor Workers for Lead Exposure
On November 25, 2014, OSHA initiated a follow-up inspection at Johnson Controls Battery Group, Inc., in Holland, Ohio. The wet and dry battery manufacturer was previously inspected by OSHA in April 2012.
Investigators found Johnson Controls Battery Group, Inc., failed to conduct additional monitoring for lead exposure when employees worked 12-hour shifts and failed to keep surfaces free from accumulations of lead. OSHA issued two repeated safety violations.
Exposure to lead can cause impaired kidney function, high blood pressure, nervous system, and neurobehavioral effects.
“Companies that work with lead have a responsibility to monitor worker’s exposure and keep facilities clean,” said Chad Positano, OSHA’s assistant area director in Toledo. “Johnson Controls Battery Group needs to make immediate changes to its safety and health programs. Being cited for repeated violations demonstrates a lack of commitment to employee safety and health.”
OSHA issues repeated violations when an employer has been previously cited for the same or a similar violation in the past five years.
A serious violation was noted for failing to protect workers from rotating parts of machinery by installing guards.
Proposed penalties total $61,600.
Julio Galindo Fined for Falling to Provide Fall Protection for 6th time in 9 Years
On December 5, 2014, OSHA’s Toledo Area Office initiated an inspection of residential contractor Julio Galindo after receiving a complaint alleging workers were exposed to fall hazards at a residential jobsite in Toledo, Ohio.
OSHA issued four repeated and three serious violations for exposing workers to falls and other hazards while re-roofing an existing residence and garage. In order to obtain information necessary for the inspection, a subpoena was served on company owner, Julio Galindo, who had refused to cooperate with inspectors.
Repeated violations included:
- Failing to train workers on the use of and requirement for fall protection equipment.
- Not providing workers head protection while exposed to overhead hazards.
- Not providing eye and face protection while operating pneumatic nail guns.
The company was previously cited for these violations on June 2013 and April 2014 on worksites in Columbus, and Westerville, Ohio.
Three serious violations were cited for failing to conduct job site inspections, instruct employees to recognize and avoid unsafe conditions and improper use of ladders.
Proposed penalties total $56,980.
“By refusing to cooperate with OSHA and correct these dangerous problems, Julio Galindo continues to expose employees to serious - and preventable - physical harm, and this is unacceptable,” said Kim Nelson, OSHA’s area director in Toledo. “With everything we know about how to work safely, it’s troubling to see how many workers are still injured every year in the construction trades, and particularly from falls. This is unacceptable.”
Metal Fabricator Exposes Workers to Amputation Hazards
The employer was also cited for one repeat violation for failing to guard equipment in which workers might get caught and injured.
Proposed penalties total $55,000.
“Any time a worker is exposed to machinery without proper guarding is one more time that worker is in jeopardy of losing a limb or even a life. Such negligence over a commonsense safety requirement will not be tolerated,” said Joann Figueroa, OSHA’s acting area director in the Houston North office. “It is the employer’s responsibility to find and fix hazards in the workplace.”
Connecticut Residential Home Builder Exposes Workers to Potentially Fatal Fall Hazards
Rock Hard Homes, Inc., was cited by OSHA for four repeat and one serious violation of workplace fall safety standards. These include: failure to equip employees with an adequate fall protection system while they worked on a pitched roof approximately 28 feet above the ground; allowing employees to walk and work on surfaces without fall protection and exposing them to falls through holes, including skylights; improperly using portable ladders to access upper landings in which the ladders did not extend beyond the landings by the required three feet; and use of defective equipment.
Falls are the leading cause of death among construction workers, with 294 fatalities in the nation and 5 in Connecticut in the most recent figures from 2013.
The repeat citations stem from this employer’s history of similar fall protection violations cited by OSHA in August 2011 in Brookfield, Connecticut, as well as May and June of 2013 in Norwalk, Connecticut.
Proposed penalties total $52,360.
“While an accident did not prompt this inspection, the penalties proposed in this case demonstrate the severe nature of the cited hazards and the employer’s lack of concern for its workers,” said Robert Kowalski, OSHA area director in Bridgeport. “Fall hazards can and should be prevented through the use of proper equipment, training and safeguards for workers.”
Allied Painting Inc. Exposes Employees to Lead and Fall Hazards
Allied Painting Inc., a painting contractor based in Cherry Hill, New Jersey, was inspected by OSHA on October 30, 2014. The work was performed on a catenary scaffold located beneath the bridge, and workers used caged ladders to climb down to the scaffold.
OSHA found excess levels of lead on various surfaces where the employees work, change contaminated clothing, and eat. These surfaces include floors, benches, doorknobs, lockers, and a microwave oven in a decontamination trailer as well as the bench seat of the company van in which employees eat lunch. Employees were also exposed to fall hazards of more than 100 feet because of access ladder obstructions and insufficient heights for temporary railings between access ladders and the permanent bridge railing. As a result of these conditions, OSHA cited Allied Painting, Inc., for six serious violations of workplace health and safety standards.
Proposed Penalties total $41,580.
“The health and safety of these employees were needlessly compromised by both long-term and immediate hazards. “It’s imperative that Allied Painting Inc. provides and ensures the effective use of all required safeguards for its employees’ health and well-being.”
Two Idaho Mechanics Fatally Crushed in Separate Incidents
Two workers in the Idaho Falls, Idaho, area were killed in separate incidents when the vehicles they were working under fell from their makeshift supports and crushed them. The incidents occurred within a two-week period and within three miles of one another. Since September 1, 2014, five of the nine workplace deaths in Idaho involved workers who were crushed under or by vehicles.
A mechanic performing transmission work for VH Trucking & Construction, LLC, of Menan, was killed on January 12 when the truck he was working under fell from the wooden blocks supporting the vehicle. Two weeks later, an employee of Cross’s Crashes Inc., an Idaho Falls-based salvage yard, was also fatally crushed when a van fell on him from supporting wheel rims.
An inspection by OSHA’s Boise Area Office found that neither VH Trucking & Construction nor Cross’s Crashes had basic safety programs or precautions in place. Neither employer took the steps necessary to secure the vehicles to prevent them from falling. Investigators also discovered forklift-related hazards at both locations.
“Lives and communities are forever changed when preventable tragedies like these occur,” said Dave Kearns, OSHA area director in Boise. “We send our sincere condolences to the families and friends of these two men. The employers’ failure to identify these hazardous conditions cost the lives of working members of the community. We must do everything to prevent these incidents from happening.”
OSHA and the Society for Chemical Hazard Communication Renew Alliance to Reduce, Prevent Worker Exposure to Chemical Hazards
“American workers use thousands of chemicals every day, and every year tens of thousands of workers are made sick or die from occupational exposures to hazardous chemicals,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “Our renewed partnership with SCHC will extend our efforts toward ensuring healthier workers and safer workplaces.”
In addition, SCHC will host OSHA training seminars and webinars on hazard communication health and safety issues. Through the alliance, OSHA reached more than 28,000 attendees during two previous OSHA webinars.
SCHC is a professional society promoting the improvement of hazard communication for chemicals. The group comprises 724 members representing industrial, consumer and specialty chemical companies, pharmaceutical firms, manufacturers, distributors and importers, government agencies, universities and consultants. The alliance agreement has been renewed for five years.
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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