The directive withdrew an earlier one that allowed certain residential construction employers to bypass some fall protection requirements.
“Fall protection saves lives,” said OSHA Assistant Secretary Dr. David Michaels. “There are effective means available to protect residential construction workers from falls. We applaud the court’s decision upholding this updated, commonsense directive.”
Data from the department’s Bureau of Labor Statistics estimates that an average of 40 workers are killed each year as a result of falls from residential roofs. One-third of those deaths represent Latino workers, who often lack sufficient access to safety information and protections. Latino workers comprise more than one-third of all construction employees.
“Fatalities from falls are the number one cause of death in construction,” added Michaels. “These deaths are preventable, and we must prevent them.”
OSHA’s new directive, Standard 03-11-002, rescinded the Interim Fall Protection Compliance Guidelines for Residential Construction, Standard 03-00-001. Prior to the issuance of this new directive, Standard 03-00-001 allowed employers engaged in certain residential construction activities to use specified alternative methods of fall protection rather than the conventional fall protection required by the residential construction fall protection standard. With the issuance of the new directive, all residential construction employers must comply with 29 Code of Federal Regulations 1926.501(b)(13). Where residential builders can demonstrate that traditional fall protection is not feasible, 29 CFR 1926.501(b)(13) still allows for alternative means of providing protection.
The case was litigated by Lauren Goodman and Heather Phillips from the Division of Occupational Safety and Health in the department’s Office of the Solicitor.
Construction and roofing companies have until June 16 to comply with the new directive. OSHA has developed training and compliance assistance materials for small employers and will host a webinar for parties interested in learning more about complying with the standard.
Do You Know What This Symbol Means?
Every worker in the US will need to know the meaning of this hazard pictogram, as well as others that OSHA is adopting this year.
. 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:
- May 2nd
- May 16th
- June 2nd
- June 17th
The first three webcasts held in April of this year were completely sold out. Register early to ensure your spot in one of the remaining sessions.
Advertising Opportunities Available
Environmental Resource Center is making a limited number of advertising positions available in the Safety Tip of the Week™, the Environmental Tip of the Week™, and the Reg of the Day™.
MSHA Makes Audit Results Public
. A report summarizing these audits was provided to the House and Senate Appropriations committees in March 2010.
“I firmly believe that, like any responsible government agency, MSHA should continuously review its activities to improve its efficiency and performance,” said Joseph A. Main, assistant secretary of labor for mine safety and health. “Conducting audits is not a new practice for MSHA—they’ve been carried out for years. But beyond that, it’s important to do more than identify and correct specific issues. We take these findings seriously and are implementing new training, and revising policies and procedures to ensure that common problems that have been identified do not crop up again and again.”
Among the major findings identified during audits conducted in fiscal year 2009, the Office of Accountability determined that additional training was needed for inspection personnel to ensure that inspectors conduct effective inspections that properly and consistently identify hazards in specialized processes in metal and nonmetal mines. MSHA has modified training programs to address these issues.
Also in 2009, the Office of Accountability identified instances of inadequate supervisory reviews of inspections, due in large part to widespread attrition that resulted in many field office supervisors having five or fewer years with the agency. MSHA has developed and conducted a training program specifically tailored to provide supervisors with the essential tools to successfully carry out their functions. By the end of April, all metal and nonmetal supervisors will have completed this training. Supervisory training for coal mine safety and health supervisors will be scheduled during the next six months.
The Office of Accountability audits noted that in 2010, in some instances, inspectors did not properly evaluate gravity and negligence in certain citations. As a result, MSHA improved training on citation and order writing including the appropriate evaluation of gravity and negligence.
The Office of Accountability, which was established in 2007, provides focused oversight and evaluation of the agency’s enforcement activities to assure that MSHA’s policies and procedures are being consistently applied, and that critical enforcement activities are being accomplished. Accountability audits have included accompanying mine inspectors during inspections, as well as reviewing inspection reports, mine plans and relevant mine files to ensure that effective management controls are in place that adhere to MSHA policies and procedures. Corrective action plans also are developed and implemented when deficiencies are identified.
OSHA Hazard Alert on Hair Products that Could Release Formaldehyde
The hazard alert provides information about OSHA’s investigations, the health hazards of formaldehyde and how to protect people who are working with hair smoothing and straightening products.
Responding to complaints and referrals about possible exposure to formaldehyde, federal OSHA and many state occupational safety and health agencies are conducting investigations. Oregon’s Occupational Safety and Health Administration, Connecticut’s Department of Public Health, and agencies in several other states already have issued warnings.
Federal OSHA has found formaldehyde in the air when stylists used hair smoothing products, some of which do not have formaldehyde listed on their labels or in material safety data sheets as required by law. During one investigation, the agency’s air tests showed formaldehyde at levels greater that OSHA’s limits for a salon, even though the product tested was labeled as formaldehyde-free. California’s Occupational Safety and Health Administration recently issued violations to an importer and distributer of smoothing products labeled formaldehyde-free for failing to list formaldehyde as a hazardous ingredient on the company’s product labels and in the material safety data sheets.
Formaldehyde is a health hazard if workers are exposed. It can irritate the eyes and nose; cause allergic reactions of the skin, eyes and lungs; and is linked to nose and lung cancer.
OSHA requires manufacturers, importers and distributors of products that contain formaldehyde as a gas or in solution, or that can release formaldehyde during use, to include information about formaldehyde and its hazards on product labels and in the material safety data sheets that are sent to employers.
“Workers have the right to know the risks associated with the chemicals with which they work, and how to protect themselves,” said federal OSHA Assistant Secretary Dr. David Michaels. “Employers need to know these risks in order to ensure the safety and health of their employees.”
To eliminate potential worker exposure, OSHA recommends that salon owners use products that do not contain formaldehyde, methylene glycol, formalin, methylene oxide, paraform, formic aldehyde, methanal, oxomethane, oxymethylene, or Chemical Abstract Service Number 50-00-0.
If a salon owner decides to continue using a formaldehyde-containing hair smoothing product, then he or she must follow OSHA’s formaldehyde standard. Important requirements of this standard include conducting air monitoring, installing ventilation where needed and training workers about formaldehyde, as well as providing protective equipment such as gloves, chemical splash goggles, face shields, and chemical resistant aprons.
The material safety data sheet includes important information about what a product contains and how the ingredients can affect a worker’s health. Salon owners and other employers must have a material safety data sheet for any of the products they use that contain hazardous chemicals. They must also make the sheet available to stylists and other workers.
OSHA currently has a number of ongoing investigations at salons and of importers/distributors/manufacturers relating to hair smoothing and straightening products. Some citations have been issued.
OSHA Revisions Strengthen Outreach Training Program
OSHA revised its voluntary Outreach Training Program requirements and procedures to improve the quality of outreach classes and ensure the integrity of its authorized trainers.
Formerly known as the “program guidelines,” the new “program requirements” will apply to all Outreach Training Programs, with separate procedures for each specific program. The new requirements include a trainer code of conduct and a Statement of Compliance which requires each trainer to verify that the training they conduct will be in accordance with the Outreach Training Program requirements and procedures. Other program enhancements involve limiting classroom size to a maximum of 40 students, limiting the use of translators to those with safety and health experience, and limiting the amount of time spent on videos during the training. Also, OSHA has imposed limits on outreach training conducted outside of the agency’s jurisdiction, and is allowing military members returning from overseas an additional 90 days from their return date to renew their trainer authorization.
OSHA is also requiring that trainers issue OSHA course completion cards to students within 90 days of class completion. Furthermore, trainers are now required to provide the card directly to the student, allowing students to have proof of training completion to display at any job site and help prevent organizations from withholding the card from a worker. OSHA has also added record requirements, imposed tougher advertising restrictions, and revised the rules for using guest trainers.
“These revisions will serve to tighten the program controls to ensure the best training is provided to the worker participants,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “Trainer reliability will be enhanced and classes will focus more on fulfilling students’ needs for safety and health training.”
The content of the training classes has also been changed. All construction classes are required to include four hours on Focus Four Hazards. All 30-hour classes must include two hours on Managing Safety and Health. The new requirements and procedures also integrate recent requirements which require training classes to last a maximum of 7 ½ hours per day and include a new two-hour Introduction to OSHA training module.
OSHA Cites Lowe’s Home Centers for 13 Violations
OSHA cited Wilkesboro, North Carolina-based Lowe’s Home Centers, Inc., with 13 alleged safety violations at its Castle Rock, Colorado store. OSHA proposed $82,700 in penalties for the violations following its inspection, which was conducted based on high injury and illness rates reported at the site.
“Lowe’s Home Centers failed to ensure that a viable safety and health program was in place at this facility,” said John Healy, OSHA’s area office director in Englewood, Colorado. “This employer is well aware of OSHA requirements for its industry and has been cited several times for similar infractions.”
Seven repeat violations were cited for numerous inaccuracies in required injury and illness record keeping, and with electrical safety issues involving access to equipment and damage to wire insulation. 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.
Three serious violations were related to issues with emergency exits, machine guarding, and installation of proper electrical receptacles. 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.
Three other-than-serious violations included failure to perform a personal protective equipment assessment, failure to properly label hazardous chemicals, and lack of detail on required record keeping. 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.
OSHA Fines Pocahontas Aluminum Over $154,000
OSHA has cited Pocahontas Aluminum Co., Inc., with 19 alleged serious and five alleged repeat safety and health violations at the company’s facility in Pocahontas. Proposed penalties total $154,770.
“This is not the first time this company has exposed its employees to workplace safety and health hazards,” said Carlos Reynolds, OSHA’s Little Rock Area Office director. “OSHA’s standards must be followed to avoid accidents and injuries.”
OSHA’s Little Rock office opened a planned safety inspection on October 29, 2010, at the company’s facility on Industrial Drive under the agency’s National Emphasis Program on Fabricated Metal Products. The safety inspection found 10 serious and five repeat safety violations. A health investigation yielding nine serious violations was opened November 15, 2010, based on a referral from the safety inspection.
The serious safety violations include failing to provide proper machine lockout/tagout procedures, repair damaged work platforms and adequately store ladders. Health violations include failing to provide employees with proper personal protective equipment, adequately assess the facility under the hearing conservation program and include emergency response personnel under the bloodborne pathogens program.
Repeat safety violations include failing to provide proper guards for the mechanical power press and power transmission equipment. Pocahontas Aluminum was cited in 2006 for the same violations and assessed penalties of $18,750 at that time. The company employs about 85 workers and manufactures aluminum window and door products.
OSHA Cites RY Timber for Combustible Dust Hazards
The hazards were uncovered during an OSHA inspection opened December 1, 2010. The agency has proposed a total of $79,200 in penalties.
The repeat violations address deficiencies involving unguarded pulleys, chains, and sprockets, as well as inadequate housekeeping in areas where combustible dust build-up had exceeded allowable limits.
The serious violations allege deficiencies in guarding of equipment and unclassified electrical equipment used in areas where combustible dust hazards exist.
“RY Timber failed to provide its employees with a safe and healthful workplace,” said Christine A. Webb, OSHA’s area director in Billings, Montana. “The hazards discovered during this inspection are well-recognized in the industry and must be addressed immediately to avoid preventable injuries or deaths.”
Howard Industries Cited for 23 Safety Violations
OSHA cited Howard Industries, a chemical blending facility in Columbus, Ohio with 23 safety violations, including failing to protect workers from electrical hazards and to implement an effective lockout/tagout program to prevent the unexpected operation of machinery and equipment, among others. The company faces penalties totaling $71,280 as a result of a December 2010 inspection.
“Failing to provide employees with training and personal protective equipment to guard against electrical hazards creates an unnecessary safety risk,” said Deborah Zubaty, OSHA’s area director in Columbus. “Employers are responsible for knowing what hazards exist in their facilities and must take appropriate precautions by following OSHA standards to ensure that workers are not exposed to such risks.”
Howard Industries was issued two repeat citations, with proposed penalties of $13,200, for failing to ensure electrical conductor boxes, which have the potential to create a shock hazard, were properly closed. The company was cited with the same violation in March 2010.
The company was issued 18 serious citations with proposed penalties of $56,760 for failing to install handrails where required; mark doors as exit routes; provide written procedures for lockout and tagout of equipment with multiple energy sources; remove forklifts with known safety issues from service; use weather-safe electrical boxes; train workers in safe work practices regarding specific hazards associated with electrical energy; and require workers to use personal protective equipment to protect against electrical hazards. Additionally, the company was cited for modifying a forklift used to tow trailers and for misusing flexible cords, cables, and attachment plugs.
Howard Industries also was issued three other-than-serious citations with proposed penalties of $1,320 for failing to properly record and adequately describe injuries in the OSHA 300 log, and to mark floor load capacity for a storage area.
Sterling Seating Fined for Combustible Dust Hazards
Proposed penalties total $117,600.
“Combustible dust, with its fine particulate composition, has the ability to create an explosive atmosphere and rapidly engulf a facility in fire,” said Lisa Levy, director of OSHA’s Hasbrouck Heights Area Office. “The accumulations of combustible dust must be removed, and a program must be put in place to prevent any potential build up from occurring.”
OSHA initiated an inspection on October 13, 2010 in response to a complaint alleging the hazards.
In addition to the combustible dust hazards, among 32 serious violations cited are failing to provide a lockout/tagout system to control the release of hazardous energy, ensure exits were unblocked, protect employees from electrical and chemical hazards, provide proper machine guarding, provide respiratory protection, and monitor formaldehyde and methylene chlorine exposure. Citations carry a penalty of $116,900.
Two other-than-serious violations were cited for failing to record injury and illnesses on the OSHA 300 log and to provide workers with information on respirator limitations. The citation for the record-keeping violation carries a $700 penalty.
T. Scott Dillman Enterprises Cited for Fall Protection Violations
OSHA cited T. Scott Dillman Enterprises, Inc., of Urbana, Illinois a residential construction company, for four safety violations involving failure to provide adequate fall protection and training for employees working on scaffolds and residential roofing projects at a job site in Champaign. OSHA has proposed $70,070 in penalties following an October 2010 inspection.
“Falls are a leading cause of injury and death in the workplace,” said Thomas Bielema, OSHA’s area director in Peoria, Illinois. “Failing to provide fall protection is unacceptable. OSHA is committed to ensuring employers abide by its safety and health regulations.”
T. Scott Dillman Enterprises was issued one willful citation for failing to provide fall protection for employees working on a scaffold. A willful violation exists when an employer has demonstrated either an intentional disregard for the requirements of the law or plain indifference to employee safety and health.
The company was issued one repeat citation for failing to train employees on the safe use of scaffolding. T. Scott Dillman Enterprises previously was cited for failing to provide fall protection and training for workers in July 2008 and July 2010.
Additionally, the company received two serious citations for allowing employees to work on a residential roof without adequate fall protection and failing to train employees in fall protection requirements.
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.
C & C Marine Maintenance Cited for Serious Safety Hazards
OSHA cited C & C Marine Maintenance, Co., based in Houston, Pennsylvania, with 13 serious safety violations at its Wellsburg facility. Proposed penalties total $45,900.
“The lack of employee protections against workplace hazards is unacceptable,” said Prentice Cline, director of OSHA’s Charleston Area Office. “It is vital that the company address all of the identified hazards to ensure that employees have a safe and healthy work environment.”
OSHA’s inspection, which began October 4, 2010, found serious violations including the company’s failure to dike a fuel tank, ensure the bi-directional alarm on a powered industrial truck was not defective, examine industrial trucks before they were put in service, place a fire extinguisher in the crane cab, label electrical disconnect switches, complete material safety data sheets for hazardous materials on-site, label containers of hazardous materials, properly cover open hatchways to prevent fall and tripping hazards, inspect and certify cranes, provide inspection dates on chain slings, use fire extinguishing equipment during welding operations, provide fire extinguisher training, and keep the work area uncluttered and free from obstructions.
C & C Marine Maintenance provides marine transportation of bulk cargoes, and performs ship and vessel repairs. The company operates facilities in West Virginia and Pennsylvania.
OSHA Fines Lion Copolymer $182,000 for Fire and Explosion Hazards
OSHA has cited Baton Rouge-based Lion Copolymer, LLC, for one willful, 19 serious and three other-than-serious violations for exposing workers to possible fires, explosions, and other hazardous conditions. Proposed penalties total $182,000.
OSHA’s Baton Rouge Area Office began its inspection October 13, 2010, at the company’s facility on Scenic Highway as the result of a referral. The inspection was expanded as part of the agency’s National Emphasis Program on Chemical Process Safety Management. The NEP emphasizes the management of highly hazardous chemicals and establishes a comprehensive management program that integrates technologies, procedures, and management practices.
The willful violation was cited for failing to conduct adequate maintenance and inspections of critical valves.
The serious violations include failing to maintain the structural integrity of pipe hangers and pipe support rods, ensure ammonia piping was thoroughly labeled as to its content, ensure operating procedures for the ammonia refrigeration system were certified by management in a timely manner, conduct visual inspections of process piping within the scheduled inspection frequency, ensure that employees in process and administrative buildings were located in the prescribed distance from a possible explosion zone, and report a leak in a critical 4-inch valve at the ammonia storage tank.
The other-than-serious violations were cited for failing to maintain and complete OSHA’s injury and illness logs.
Lion Copolymer, a synthetic rubber manufacturer, employs about 122 workers at its Baton Rouge facility.
Bedrock Granite Fined for Failing to Correct Past Safety Violations
OSHA cited Bedrock Granite, Inc., for 24 workplace safety and health violations at its Edison facility. Proposed penalties total $112,530.
OSHA initiated an inspection on October 21, 2010, in response to a complaint alleging that the employer had not abated safety and health violations cited on July 14, 2010. Inspectors issued citations encompassing five failure-to-abate notices, with penalties of $56,430; one repeat violation, with a penalty of $6,600; 15 serious violations, with penalties of $49,500; and three other-than-serious violations that do not carry penalties.
“By not abating past violations, Bedrock Granite leaves its employees vulnerable to hazards that can cause injuries and possible death,” said Patricia Jones, director of OSHA’s Avenel Area Office. “It is vital that all hazards be corrected immediately to protect workers at the facility.”
The failure-to-abate notices are for the company’s failure to implement an effective hearing conservation program, protect workers from overexposure to silica, implement feasible administrative or engineering controls, maintain a written hazard communication program, and provide access to material safety data sheets. A failure-to-abate condition exists when the employer has not corrected a violation for which a citation has been issued and the abatement date has passed.
The repeat violation addresses the company’s failure to maintain records or reports of crane inspections, for which the company had been cited in 2010.
The serious violations include noise hazards; lack of respiratory protection; unsanitary conditions; slip, trip and fall hazards; inadequate forklift operations and certification; and deficient electrical equipment.
The other-than-serious violations are due to unlit exit signs, failure to conduct annual fire extinguisher inspections, and use of compressed air above the permissible limit for cleaning purposes.
Bedrock Granite, Inc., a granite and marble countertop manufacturer, has 14 employees.
Three Jinny Corp. Subsidiaries Cited for Safety Violations
OSHA cited three companies owned by Jinny Corp.—JBS Beauty Club, JBS Hair Distribution Center, and Jinny Beauty Supply Co.—all in Doraville, Georgia with a combined 22 safety violations. Proposed penalties total $71,000.
Jinny Corp. produces and supplies hair care and beauty products, and has operations in Miami, Dallas, Chicago, and Los Angeles. Acting in response to a complaint, OSHA conducted inspections of the three subsidiary companies. The agency cited JBS Beauty Club with six serious violations including locking emergency exits, blocking exits with shelving, not illuminating exit signs, exposing employees to electrical hazards from missing covers on electrical panels, exposing workers to live electrical parts, and failing to provide training on how to operate a forklift. Penalties total $25,000. The company also was cited for one other-than-serious violation with no monetary penalty for failing to develop an emergency evacuation plan.
JBS Hair Distribution Center was cited for six serious violations including locking emergency exits, incorrectly marking an interior exit as an emergency exit and blocking that exit with a storage rack, allowing use of flexible cords to power an electrical outlet, using a flexible cord as permanent wiring, allowing materials to block access to an electrical panel, and failing to provide training on how to operate a forklift. Penalties total $25,000. Two other-than-serious citations with no penalties were issued for failing to develop an emergency evacuation plan and to ensure that openings at the bottom of an electrical box were closed.
Jinny Beauty Supply Co., was cited for five serious violations including blocking exits with materials, debris, or shelving; exposing workers to live electrical parts; failing to install a light switch faceplate; failing to install terminal screws on electrical cords to prevent abrasions; allowing a 120-volt receptacle to hang out from the wall; and failing to provide training on how to operate a forklift. Penalties total $21,000. Two other-than-serious citations with no penalties were issued for storing boxes adjacent to the sprinkler system and for failing to develop an emergency evacuation plan.
“These three companies share common ownership and a common failure to take the required preventative measures to protect employees’ safety,” said William Fulcher, director of OSHA’s Atlanta-East Area Office. “If a fire occurred at any of these facilities, some of the violations identified by OSHA would endanger employees’ lives.”
