In response to recent accidents involving crude oil shipments by rail in the US and Canada, US Transportation Secretary Anthony Foxx has issued a "Call to Action," calling on rail company executives, associations, shippers, and others to discuss how stakeholders can prevent or mitigate the consequences of rail accidents that involve flammable liquids. See recent Call to Action letter from Secretary Foxx.
Nearly a million shipments of hazardous materials move throughout the US each day. While most of these shipments reach their final destinations without incident, accidents can and do occur. DOT remains committed to the safe transport of flammable liquids by all modes of transportation, including the nation’s 140,000-mile freight railroad network.
The Department’s action plan includes efforts to ensure shippers and carriers are taking all of the required precautions to transport flammable liquids safely. In 2012, PHMSA and the Federal Railroad Administration began focusing heavily on the safe transport of crude produced in the Bakken Shale region of the US. On August 29, 2013, PHMSA and FRA launched Operation Classification to verify that crude oil is being properly classified in accordance with federal regulations. This includes activities such as unannounced spot inspections, data collection, and sampling at strategic terminal and transloading locations that service crude oil.
Did You Miss OSHA’s December 1 GHS Hazard Communication Training Deadline? Use Environmental Resource Center’s GHS OSHA Hazard Communication Training PowerPoint
With OSHA’s adoption of the Globally Harmonized System (GHS) for the classification and labeling of hazardous chemicals, virtually every chemical label, MSDS—now called Safety Data Sheet (SDS), and written hazard communication plan must be revised to meet the new standard.
OSHA’s December 1, 2013, deadline under the revised Hazard Communication Standard required that all employees at your site who work with, or are exposed to, hazardous chemicals be trained to understand the new classification system, labels, warning statements, precautions, pictograms, and safety data sheets for chemicals at your worksite.
Environmental Resource Center is making available a PDF presentation or a customizable PowerPoint that you can use for on-site worker training. The training program, which is designed to cover your site’s GHS Hazard Communication training requirements, is in a format that is easy to understand.
Price and options:
Multiple PDF copies can be purchased for $99/copy (1–10), $79/copy (11–20), or $69/copy (21+).
Multiple PowerPoint copies can be purchased for $199/copy (1–10), $179/copy (11–20), or $169/copy (21+).
Options*:
1. Customized PowerPoint: Send us your written GHS hazard communication plan and 10–20 safety data sheets. We’ll create a custom training program for your site: $899
2. If you have not updated your hazard communication plan, let Environmental Resource Center update it for you: $799
3. Customized PowerPoint and hazard communication plan: $1600
*Call 800-537-2372 for Spanish pricing
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.
California Revises Proposed Reference Exposure Levels for Benzene
OEHHA is required to develop guidelines for conducting health risk assessments under the Air Toxics Hot Spots Program [Health and Safety Code section 44360 (b) (2)].
Proposed values for the acute, 8 hour, and chronic RELs are 27 µg/m3 (8 ppb), 3 ?g/m3 (1 ppb) and 3 ?g/m3 (1 ppb) respectively. These were developed using the latest version of the non-cancer REL guidelines, including application of the revised methodology to protect infants, children, and other sensitive subpopulations. When finalized and adopted, these RELs will be added to the compound-specific toxicity reviews and summary tables which appear as appendices to the Technical Support Document for the Derivation of Noncancer Reference Exposure Levels.
An earlier draft of the document describing the benzene RELs was presented on June 21, 2013, for public comment. OEHHA reviewed the comments received, prepared responses, and revised the REL document where appropriate. The benzene REL document, along with the public comments and OEHHA’s response to these comments, were then peer reviewed by the State’s Scientific Review Panel (SRP) on Toxic Air Contaminants (Health and Safety Code section 39670 et seq.) on November 1, 2013. The present document, being considered on February 13, 2014, is a revised version of the document discussed at the meeting held on November 1, 2013, reflecting changes based on comments of the SRP.
Tampa RCRA and DOT Training
Dallas RCRA and DOT Training
Chicago RCRA, DOT, and IATA/IMO Training
Illinois Concrete Company Fined over $300,000 after Temporary Worker Fatality
The 39-year-old Hispanic worker had entered a concrete mixer's discharge mud hopper. He tried to free a pneumatically powered discharge gate stuck in the open position because of hardened concrete. The gate, which had not been isolated to prevent unintentional operation during maintenance activity, closed and crushed the worker. The worker was a long-term temporary employee provided by Minute Men Staffing Services. He was supervised solely by Dukane Precast, Inc. The staffing service was not cited.
"It is unacceptable that Dukane Precast would allow a worker to enter a permit-required confined space to perform maintenance without ensuring that the space was isolated from hazards by following OSHA standards," said Kathy Webb, OSHA's area director in North Aurora. "Employers have a responsibility to protect all workers from known hazards at their facilities."
Under the program, OSHA may inspect any of the employer's facilities or job sites.
OSHA issued four willful citations involving the worker's entry into the concrete mixer's discharge hopper, including failure to:
- Inform employees of the existence, location, and danger posed by the concrete mixer and discharge hopper
- Ensure the concrete mixer and discharge hopper were isolated from the hazards of the concrete mixing system and associated process materials prior to employee entry
- As part of the isolation process, ensure that the concrete mixer's pneumatically powered discharge gate was deenergized and locked out prior to employee entry
- Prepare an entry permit and provide an attendant for employee entry
A willful violation is one committed with intentional, knowing or voluntary disregard for, or plain indifference to, employee safety and health.
Additionally, four serious citations were cited for lacking a standard guardrail or equivalent on an open-sided platform; not using ingress and egress equipment for maintenance performed in the mixer's discharge hopper; lack of a non-entry rescue retrieval system for maintenance performed in the mixer's discharge hopper; and failing to conduct annual inspections of energy control procedures at the plant.
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.
OSHA last inspected the company in February 2012. The inspection resulted in four violations, including one willful confined-space violation. The employer contested the alleged violations.
Teen Challenge of Florida Faces $228,000 in Fines for 25 Safety and Health Violations
OSHA initiated the July 2013 inspection after receiving a complaint alleging safety and health hazards. Proposed penalties total $228,600.
"This employer willfully disregarded worker safety by exposing workers to amputation hazards," said Brian Sturtecky, OSHA's area director in Jacksonville, Florida. "The hazards found during our inspection must be eliminated from this workplace immediately."
Three willful violations, with $162,000 in penalties, involve the employer exposing workers to amputations hazards by not providing machine guarding on the hand-fed ripsaws, the cutting heads of the routers, and the abrasive wheels on the grinding wheel.
Eighteen serious safety and health violations, with $66,600 in penalties, include failing to: provide workers first aid training in case of an emergency; provide a suitable eyewash facility; close unused openings in boxes, raceways, cabinets and equipment cases; have uniform step heights on a standard stairway and keep exit routes unobstructed. Workers were also exposed to numerous instances where the machines had no guarding, several electrical deficiencies were present, and various tripping hazards were observed.
Four other-than-serious violations were also cited for the company's failure to: illuminate exit signs; certify forklift operators as competent to operate powered industrial trucks safely; establish a respiratory protection program; and have forklift nameplates and markings in place and in legible condition. No monetary penalties were assigned for these violations. 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.
Teen Challenge of Florida in Pensacola offers assistance to adults ages 18 and older who are struggling with drug addiction, alcoholism, and other life-controlling issues.
Illinois Sewer & Water Contractor Fined for Repeatedly Failing to Protect Workers in Trenches
OSHA initiated the inspection after an inspector witnessed cave-in hazards while traveling past the construction site on July 24, 2013.
"This is the second time in months that OSHA has seen Mike Neri Sewer & Water Contractor exposing workers to dangerous excavation hazards at the same job site," said Nick Walters, OSHA's regional administrator in Chicago. "Employers that continue to ignore safety regulations put their employee's lives at risk. Trenching hazards result in numerous fatalities and injuries every year. Companies specializing in this type of work have a responsibility to protect their workers from known hazards."
In this case, OSHA has proposed additional penalties of $150,150 for the company. The company has not responded to OSHA since the issuance of those citations.
Two willful violations were cited for failing to provide cave-in protection to workers installing a concrete manhole structure in a trench approximately 8-feet deep. The company also failed to ensure that excavated materials that posed a hazard-by falling or rolling into the trench-were placed at least 2 feet back from the trench edge.
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. Similar violations were cited at the same job site in April 2013.
"Mike Neri Sewer & Water Contractor fails to take adequate safety measures to protect workers from cave-ins at excavation sites, despite previous citations," said Angeline Loftus, OSHA's area director for its Chicago North Area Office in Des Plaines. "OSHA implemented a trenching and excavation special emphasis program in the 1980s. Neri, who has been in this business for decades, should be well aware of the safety regulations for trenching operations and the potential hazards for workers."
OSHA's Severe Violator Enforcement Program mandates targeted follow-up inspections to ensure compliance with the law and 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 or job sites.
The company was cited for three willful and two repeat violations because of an inspection initiated in October 2012 at the same job site. Proposed penalties totaling $110,440 were issued April 2013.
OSHA standards mandate that all excavations 5 feet or deeper be protected against collapse.
In addition to the inspection conducted in October 2012, Mike Neri Sewer & Water Contractor has been inspected by OSHA three other times in the past five years, resulting in serious, repeat, and willful citations related to trenching hazards.
Chicago Engineering Company Fails to Protect Workers in Trench
OSHA initiated the inspection after witnessing an employee working in an unprotected trench greater than 8 feet in depth. Proposed penalties total $105,600.
"It is unacceptable that Pan-Oceanic Engineering would allow workers to access an unprotected trench," said Gary Anderson, OSHA's area director in Calumet City. "Since 2003, this company has been cited multiple times for violations of trenching standards. Trenching hazards result in numerous fatalities and injuries every year. Companies who specialize in this type of work have a responsibility to protect their workers from fatalities."
OSHA issued one willful citation for failing to provide cave-in protection for employees in a trench.
Two repeat violations were cited for failing to post legible traffic signs at hazardous points in a construction zone and for allowing an employee to access an unsupported trench beneath a street. Similar violations were cited at a job site in Chicago in May 2010.
Additionally, OSHA issued one serious citation to Pan-Oceanic Engineering Co. for allowing a worker to access a trench after deficiencies were found at the site.
American Samoa Construction Company Fined over $40,000 Following Electrocution Fatality
OSHA began its inspection after a worker was electrocuted on July 10, 2013, during a crane operation.
"OSHA standards prohibit working close to energized power lines," said Galen Blanton, director of OSHA's Honolulu Area Office. "This tragic death could have been prevented if a safe distance was maintained between the crane and the live power line."
Several workers were building a two-lane bridge at a job site in Leone Village when a crane attempted to move a large, concrete tribar within 10 feet of an unsleeved 7,600-volt power line. A worker acting as a signalman motioned for the crane operator to stop. The crane's hook was near the energized overhead line and when the worker approached the crane, placing his hands on the crane, he was electrocuted.
OSHA cited the employer with nine serious violations of safety standards, including failure to determine the safe working distances when workers were operating a crane close to high-voltage power lines. The company was also cited for failing to ensure that at least one electrocution hazard warning label was affixed in the crane cab within view of the operator and that at least two were posted on the outside of the crane before use.
Other serious violations include failure to provide workers with personal floatation devices while working in or near water; to conduct and document monthly crane inspections; ensure that a crane operator had access to load charts and other safety procedures; and identify a crane's safety boundaries to prevent employees from entering hazard areas. McConnell Dowell Constructors also failed to ensure that each signalman met the qualification requirements before giving any signals. The employer faces $42,300 in proposed fines for the violations.
PPG Industries Cited Following Worker Fatality at Manufacturing Plant
PPG Industries, an optical and specialty material manufacturer, has been cited with serious and willful safety violations by OSHA after a fatality occurred at the company's Barberton facility. In this case, on July 15, 2013, a worker became entangled in an unprotected spindle winder, resulting in the employee's death.
"It's unacceptable that PPG Industries failed to ensure adequate machine guards were in use and that the equipment was properly deenergized," said Howard Eberts, OSHA's area director in Cleveland. "Companies must implement safeguards, create a culture of safety and ensure OSHA regulations are followed to ensure that no employee is injured or killed on the job."
OSHA issued one willful citation for failure to ensure machine guarding was provided to protect the operator and other employees working in the machine area from its hazards.
Additionally, OHSA issued two serious citations to PPG Industries for failure to utilize lockout/tagout procedures and ensure equipment was deenergized prior to doing servicing/maintenance of equipment. The company also failed to conduct periodic inspections of authorized employees on lockout/tagout procedures.
OSHA has proposed penalties of $69,000 for the violations. PPG Industries employs 160 people at the Barberton facility and has approximately 39,000 total employees.
Packaging Corporation of America Cited for Repeat Safety Hazards
OSHA has cited Packaging Corporation of America for two repeat violations of workplace safety standards following an inspection, begun December 18, 2013, of the company's Chelmsford manufacturing plant. The box manufacturer faces $66,000 in proposed fines.
"While no injuries occurred, the potential for serious injury was evident," said Jeffrey A. Erskine, OSHA's area director for Essex and Middlesex counties in Massachusetts. "For the safety and well-being of its workers, an employer must take effective steps to ensure that required safeguards are in place and constantly utilized at all facilities."
OSHA's Andover Area Office inspection found plant workers exposed to crushing, struck-by and caught-in machinery hazards while setting up a press. Proper procedures to shut down the machine and lock out its power source before performing the setup were not followed. Workers were also at risk of being caught in operating conveyor belts on the same machine that lacked protective guarding. The company was cited for similar violations at its Opelika, Alabama, location.
OSHA's hazardous energy control standard, also known as lockout/tagout, requires machines powered off and their power sources locked out before conducting maintenance services to avoid injury and fatalities should a machine become energized. The machine-guarding standard requires that machinery operating parts be guarded to prevent caught-in hazards.
Air Filter Manufacturer Cited for Repeat, Serious Safety Violations
OSHA has cited American Air Filter Co., Inc., doing business as AAF International, with two repeat, five serious and one other-than-serious safety violation following an inspection of the company's manufacturing facility on Weaver Way in Atlanta. The inspection, prompted by a complaint, began in August 2013. It resulted in $64,040 in proposed penalties.
"This employer continues to place its workers in jeopardy of serious injury or death by not correcting previously identified hazards," said William Fulcher, director of OSHA's Atlanta-East Area Office. "Management must make safety the first priority and address these hazards immediately."
The repeat violations, with $39,000 in penalties, involve exposing workers to shock and burn hazards from unused openings in electrical boxes and failing to use electrical equipment according to manufacturer guidelines. Similar violations were cited in 2009.
The serious safety violations, with $25,040 in penalties, include the employer's failure to provide temporary workers performing cleaning operations with lockout/tagout training; ensure abrasion protection on electrical wires entering the electrical panel for the conveyor system; and to provide strain relief for the strip feeder and speed control boxes. Additionally, workers were exposed to struck-by and caught-in hazards while cleaning the conveyor, and to shock and burn hazards from live wiring.
The other-than-serious violation, with no monetary penalty, involves failing to inspect the specific energy control procedures periodically.
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