The former president of Port Arthur Chemical and Environmental Services LLC (PACES) has been sentenced for occupational safety crimes which resulted in the death of an employee, announced Robert G. Dreher, Acting Assistant Attorney General of the Justice Department’s Environment and Natural Resources Division and John M. Bales, US Attorney for the Eastern District of Texas.
Matthew Lawrence Bowman, 41, of Houston, pleaded guilty on May 9, 2013, to violating the Occupational Safety and Health Act and making a false statement and was sentenced to serve 12 months in federal prison by US District Judge Marcia Crone. Bowman was also ordered to pay fines in the amount of $5,000.
Bowman admitted to not properly protecting PACES employees from exposure to hydrogen sulfide, a poisonous gas resulting in the death of truck driver Joey Sutter on December 18, 2008. In addition, Bowman admitted to directing employees to falsify transportation documents to conceal that the wastewater was coming from PACES after a disposal facility put a moratorium on all shipments from PACES after it received loads containing hydrogen sulfide.
“Today’s sentence is a just punishment for Bowman’s actions, which placed workers at unacceptable risk and had fatal consequences,” said Acting Assistant Attorney General Dreher. “The Justice Department and the US Attorney’s Offices will continue to work with our law enforcement partners to vigorously investigate and prosecute those who violate the laws enacted to ensure the safety of workers handling hazardous materials and to prevent the kind of tragedies that occurred in this case.”
“The government’s prosecution of Matthew Bowman is now complete. While Mr. Bowman is being held accountable for his criminal conduct, and that is appropriate, there is no amount of time in prison; no amount of criminal fine that can be levied that will compensate for the loss of life at PACES. We extend our deepest condolences and well wishes to the friends and family of Mr. Sutter, who died pitilessly and needlessly because of the criminally negligent actions of Matthew Bowman,” said US Attorney Bales. “The agents and prosecutors conducted an outstanding investigation and prosecution.”
"The sentencing today is a clear signal of the US Department of Transportation’s, and its Office of Inspector General’s (OIG) commitment to protecting the public from illegally transported hazardous materials,” said Max Smith, regional Special Agent-in-Charge, USDOT OIG. “Working with our law enforcement and prosecutorial colleagues we will continue our vigorous efforts to prosecute to the fullest extent of the law those who would seek to disregard the Nation’s transportation laws and endanger the public.”
“Environmental violations are serious crimes, and in a worst-case scenario, they can kill people,” said Ivan Vikin, special Agent in Charge of EPA’s criminal enforcement program in Texas. “In this case, a senior manger’s actions led directly to the death of one of his employees. This is why we have laws regarding the safe and legal handling of hazardous materials. Enforcement of these laws must be consistent and uncompromising.”
“When a worker loses his or her life on the job, it has a ripple effect on their families, friends, community and the workplace. Matt Bowman and PACES knowingly violated workplace safety standards that led to Joey Sutter's death,” said OSHA's Deputy Regional Administrator Eric Harbin in Dallas. “OSHA standards are in place to protect workers and employers will be held accountable when they fail to follow these standards.”
According to information presented in court, Bowman was president and owner of PACES, located in Port Arthur, Texas, and CES Environmental Services (CES) located in Houston. PACES was in operation from November 2008 to November 2010, and was in the business of producing and selling caustic materials to paper mills. The production of caustic materials involved hydrogen sulfide, a poisonous gas. According to the National Institute for Occupational Safety and Health, hydrogen sulfide is an acute toxic substance that is the leading cause of sudden death in the workplace. Employers are required by OSHA to implement engineering and safety controls to prevent employees from exposure above harmful limits of hydrogen sulfide.
Bowman was responsible for approving and directing PACES production operations, the disposal of hydrogen sulfide wastewater, and ensuring implementation of employee safety precautions. In some cases, Bowman personally handled the investigation of work-related employee injuries, directed the transportation of PACES wastewater, and determined what safety equipment could be purchased or maintained. In the cases at issue, hazardous materials were transported illegally with false documents and without the required placards. Most importantly, the workers were not properly protected from exposure to hazardous gases. The exposure resulted in the deaths of two employees, Joey Sutter and Charles Sittig, who were truck drivers, at the PACES facility on December 18, 2008 and April 14, 2009. Placarding is critical to ensure the safety of first responders in the event of an accident or other highway incident. Bowman and PACES were indicted by a federal grand jury on July 18, 2012.
GHS OSHA Hazard Communication Training PowerPoint Now Available in English and Spanish
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.
By December 1, 2013, all employees at your site that work with, or are exposed to, hazardous chemicals must 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.
Pricing and options:
Multiple PDF copies can be purchased for $99/copy (1–10); $79/copy (11–20); or $69/copy (21+).
Multiple copies can be purchased for $199/copy (1–10), $179/copy (11–20), or $169/copy (21+).
Additional 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.
Environmental Resource Center is offering live online training for you to learn how the new rule differs from current requirements, how to implement the changes, and when the changes must be implemented.
OSHA Extends Comment Period on Proposed Silica
OSHA is extending the public comment period for an additional 47 days on the Notice of Proposed Rulemaking on Occupational Exposure to Crystalline Silica.
In response to requests for an extension, the deadline to submit written comments and testimony is being extended from December 11, 2013, to January 27, 2014, to allow stakeholders additional time to comment on the proposed rule and supporting analyses.
OSHA is also extending the deadline to submit notices of intention to appear at its informal public hearings by an additional 30 days, from November 12, 2013, to December 12, 2013. Public hearings are scheduled to begin on March 18, 2014. The duration of the hearings will be determined by the number of parties who request to appear. The hearings are expected to continue for several weeks.
The notice of proposed rulemaking was published in the Federal Register on September 12, 2013. The proposed rule was made available to the public on OSHA's website August 23, 2013.
"We strongly encourage the public to assist in the process of developing a final rule by submitting written comments and participating in public hearings," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "We especially hope to hear from employers, workers, and public health professionals who have experience in successfully protecting workers from silica-related diseases. We are extending the comment period to ensure we hear from all stakeholders who wish to participate."
The extended comment period and public hearings will be followed with a post-hearing comment period. Members of the public who filed a timely written notice of intention to appear will be able to submit post-hearing comments to the docket.
Napoleon Spring Works Exposes Workers to Amputation Hazards, Faces Fines
"Our inspection found that employees were exposed to injury and amputation risk in this facility because of insufficient guarding at the point of operation of various machines," said OSHA Area Director Kim Nelson in Toledo. "Amputation hazards are one of the leading causes of injury in manufacturing. Napoleon Spring Works must be aware of workplace hazards and take all precautions to protect its workers."
Prompted by complaints alleging multiple safety hazards, OSHA's April inspection was expanded under OSHA's national emphasis program on amputations and local emphasis program for powered industrial vehicles.
One willful violation was cited for failing to guard two of the company's mechanical power presses. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirements, or with plain indifference to employee safety and health.
Fifteen serious violations include failing to periodically inspect energy control procedures; provide sufficient energy control procedures; train workers in lockout/tagout procedures to control unexpected equipment energization; guard mechanical power presses and riveters; conduct periodic inspections of presses; and train workers on the safe operation of presses.
Additional violations involve failing to train and evaluate the safe operation of powered industrial trucks and ensure truck examinations prior to shift use; establish safe clearance around electrical boxes; lockout circuits during maintenance to prevent exposure to live electricity; and maintain written deenergizing procedures. 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.
Napoleon Spring Works, Inc., employs 105 workers at its headquarters in Archbold and 160 at facilities in Paterson, New Jersey, and Phoenix. It is a subsidiary of Lynx Industries, based in Canada.
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Frost Tile and Marble Co. Faces $136,400 Penalty for Failing to Abate Previous Safety Violations
The company failed to abate eight violations cited in 2012, including not implementing engineering controls to prevent exposure to respirable dust containing silica in excess of permissible limits.
"Failure to correct previous discrepancies shows a lack of commitment to worker safety and health," said OSHA Area Director Howard Eberts in Cleveland. "Companies must be aware of the hazards in their facilities and take precautions to prevent workers from being exposed to hazardous conditions and materials."
As a follow-up to a September 2012 inspection at the facility, OSHA began its inspection in April and found eight failure-to-abate violations that were cited previously.
Those violations involve failing to protect workers from exposure to respirable dust containing silica in excess of permissible limits, implement engineering controls to achieve compliance with exposure limits and develop a respiratory protection program. Other violations include failing to verify that the required workplace hazard assessment was performed and certified; establish an energy control program; provide training on personal protective equipment and fire extinguisher use; and provide workers with information on hazardous chemicals in the workplace. Several electrical safe work practice violations involve failing to mark electrical equipment with ratings, voltage and wattage; use of nonweatherproof enclosures on switches installed in wet locations; and using portable electrical equipment and cords in areas where workers are likely to contact water or conductive liquids.
A failure-to-abate notice applies to a condition, hazard, or practice found upon reinspection that the employer was originally cited for and was not corrected.
The company was also cited for two serious violations, including failing to provide appropriate respirators and to provide individual exposure records to a worker and their designated representative.
US Labor Department Seeks More than $300,000 for Idaho Whistleblower
The US Department of Labor filed a whistleblower complaint in the US District Court for the District of Idaho against Clearwater Paper Corp., in Lewiston, Idaho, for allegedly retaliating against an employee who raised workplace safety and health concerns. Clearwater Paper manufactures consumer paper products.
The department's complaint alleges that a Clearwater Paper employee was fired in 2010 in retaliation for filing a safety complaint with OSHA’s Boise Area Office. The employee was first suspended and then fired soon after OSHA conducted an inspection to assess excessive exposure to red cedar dust at Clearwater Paper's sawmill in Lewiston. This facility was later sold in 2011.
"Raising a workplace safety and health concern is a courageous act of good citizenship," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "Not a single worker should fear harassment, intimidation or a disciplinary action for contributing to a safe and healthy workplace. Employees have the right to contact OSHA without fear of retaliation."
The department is seeking reinstatement of the employee as well as payment of more than $300,000 in damages and fees, including back pay, compensatory damages, emotional distress damages, and punitive damages.
OSHA enforces the whistleblower provision of the OSH Act and 21 other statutes protecting employees who report violations of various securities, trucking, airline, nuclear, pipeline, environmental, public transportation, workplace safety and health, consumer product safety, health care reform, and financial reform laws. Under these laws enacted by Congress, employers are prohibited from retaliating against employees who raise various protected concerns or provide protected information to the employer or to the government.
Metal Finisher Fined $66,220 for Chemical and Mechanical Hazards
OSHA has cited Har-Conn Chrome Co., Inc., for 15 violations of workplace health and safety standards at the company's West Hartford plant. The metal finisher faces $66,220 in fines following a complaint that prompted an investigation by OSHA's Hartford Area Office.
"We found employees exposed to various chemical and mechanical hazards, including similar hazards cited during a 2010 inspection of the plant," said Warren Simpson, OSHA's area director in Hartford. "Left uncorrected, employees are exposed to fire, chemical burns, eye injuries, lacerations and other substances. For the health and well-being of its workers, the employer must take effective action to address and prevent these conditions."
Specifically, the employer failed to provide emergency eyewash, eye and face protection for workers around caustic liquids; guard or provide adequate guarding on grinders and shafting; and label containers of hazardous chemicals. OSHA cited the plant for similar hazards in May 2010. For these recurring hazards, OSHA has issued Har-Conn six repeat citations with $36,960 in fines.
Nine serious citations, with $29,260 in fines, were issued for failing to monitor workers' exposure levels to formaldehyde; conduct an asbestos survey; provide hand protection; train workers on using fire extinguishers; lack of first-aid supplies; ensure an adequate workspace around spray booths; and properly dispose of combustible waste materials.
Wyoming OSHA Cites Sinclair Refinery for $707,000 in Proposed Fines, 22 Violations
Wyoming OSHA announced that it will cite the Sinclair Wyoming Refining Company with $707,000 in fines for 22 violations found at the company’s Sinclair, Wyoming refinery operation. Monetary penalties go entirely to the local school district where the violation occurred.
The violations are the result of a May 2013 OSHA inspection which stemmed from an employee complaint and several gas releases that Sinclair voluntarily reported to DWS OSHA in May of 2013.
“The OSHA investigation revealed a variety of hazards present at the site, along with repeat violations,” said Director of the Wyoming Department of Workforce Services Joan Evans. “Every employer has a duty to ensure a healthy and safe working environment. Progress has been made since this inspection to address safety issues at the refinery and Wyoming OSHA will continue to work with the employer to prevent and address hazards.”
Wyoming OSHA is currently conducting an investigation into an incident that occurred in September.
Willful Violations During the inspection, OSHA found conditions that merit six willful violations. Violations in the willful category total $420,000 in fines. Conditions found during the inspection include: Insufficient or no processes and no corrective action available or taken for a documented history of Hydrogen Sulfide and Sulfur Dioxide releases; inadequate or no training provided for operating procedures associated with processes and the hazards associated with the operation of the facility; and an emergency eyewash safety shower out of service despite three previous sets of citations for this violation.
Repeat Serious Violations
The inspection found conditions that merit six repeat serious violations. Violations in the repeat serious category total $225,000 in fines. Conditions found during the inspection include: operating procedure for the Alkylation Unit failed to address the hazards presented by the chemicals used in its processes; the operation failed to make known precautions necessary to prevent exposure including the use of personal protective equipment; and the employer failed to label numerous chemical containers to identify contents.
Serious Violations
The inspection found conditions that merit ten serious violations. Violations in the serious category total $62,000 in fines. Conditions found during the inspection include: failure to meet Process Safety Management standards or develop operating procedures in relation to the Aggressive Biological Treatment Unit (ABTU) charge pit and the Alkylation Unit; and failure to inform contract employees of the known potential toxic release hazards related to work activities in these and other units.
Cal/OSHA Reminds Employers of Risks of Valley Fever, Urges Employers to Take Preventative Measures
Cal/OSHA is reminding employers of the risks of Coccidioidomycosis (also known as Valley Fever), a potentially serious illness caused by the inhalation of fungal spores. These spores are present in the soils in the Central Valley and many other areas in California. A Valley Fever informational page has been posted with resources for workers and employers.
“Employers need to be aware of the Valley Fever risk and take preventative measures when soils are disturbed in regions where the spores are likely to be present,” said Department of Industrial Relations’ (DIR) Director Christine Baker. Cal/OSHA, also known as the Division of Occupational Safety and Health, is a division of DIR.
“The recent increase in confirmed work-related Valley Fever cases signals a need for heightened awareness and action by employers and workers,” said Acting Cal/OSHA Chief Juliann Sum.
In California, Valley Fever is caused by a microscopic fungus known as Coccidioides which lives in the top two to 12 inches of soil. When soil is disturbed by activities such as digging, grading, driving, or when high winds circulate dusts, fungal spores can become airborne and potentially be inhaled by workers. A recent publication reports an average annual increase of 13% in the incidence of reported Valley Fever cases in California. While the fungus is consistently present in the soil of many undeveloped areas, highly endemic counties are Fresno, Kern, Kings, Madera, Merced, San Luis Obispo, and Tulare. The number of new Valley Fever cases reported in California has increased dramatically in the last few years, according to the California Department of Public Health.
Employers have a legal responsibility to report to Cal/OSHA any serious injury or illness, or death, of an employee occurring in a place of employment or in connection with any employment. Tips for reducing the risk of Valley Fever exposure include:
- Determine if a worksite is in an area where fungal spores are likely to be present
- Adopt site plans and work practices that minimize the disturbance of soil and maximize ground cover
- Use water, appropriate soil stabilizers, and/or re-vegetation to reduce airborne dust
- Limit workers’ exposure to outdoor dust in disease-endemic areas
- When exposure to dust is unavoidable, provide approved respiratory protection to filter particles
- Train supervisors and workers in how to recognize symptoms of Valley Fever and minimize exposure
In September, Cal/OSHA issued citations to six employers following an outbreak of Valley Fever on construction sites at California Valley Ranch and Topaz Solar Farms, both located in Santa Margarita, San Luis Obispo County. The employers were cited for a range of violations including failure to properly report cases of Valley Fever among their employees, failure to control exposure to contaminated dust at the worksite and failure to provide and ensure use of appropriate respiratory protection.
Three of the contractors received Willful regulatory citations for neglecting to report to Cal/OSHA, as required, that employees were hospitalized while undergoing treatment for Valley Fever. Penalties associated with these citations were a total of $40,680 to Bechtel Construction Operations, $45,740 to CLP Resources and $39,225 to Papich Construction Company. Citations were also issued to CSI Electrical Contractors, Hotline Construction and First Solar Incorporated.
For more resources on creating safe working conditions, or to learn more about California workplace health and safety standards please visit Cal/OSHA’s website. Cal/OSHA’s Consultation Program provides free and voluntary assistance to employers and employee organizations to improve their health and safety programs. Employers should call 800-963-9424 for assistance from the Cal/OSHA Consultation Program.
Employees with work-related questions or complaints may call the toll-free California Worker’s Information Line at 866-924-9757 for recorded information, in English and Spanish, on a variety of work-related topics. Complaints can also be filed confidentially with Cal/OSHA District Offices.
Formed Fiber Technologies Fined $115,000 for Repeat Safety and Health Violations
The company has been placed in OSHA's Severe Violator Enforcement Program.
"Formed Fiber Technologies has a responsibility to protect workers from amputation, struck-by and crushing hazards by implementing energy control procedures and ensuring adequate machine guarding," said Kim Nelson, OSHA's area director in Toledo. "Repeat violations demonstrate a lack of commitment to worker safety and health."
Three repeat violations cited involve machine-specific energy control procedures, including failing to ensure lockout devices on equipment to prevent energization during servicing and maintenance; conduct annual periodic inspections of energy control procedures; and record complete injury and illness information in the OSHA record logs. 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 facility in federal enforcement states within the last five years. The same violations were cited in October 2011 in Auburn, Maine, where the company is based.
Seven serious violations include failing to ensure adequate machine guarding, affix locking devices to energy isolation points, ensure adequate training on the control of hazardous energy, and provide fire extinguisher training.
One other-than-serious violation involves failing to standardize locks for isolating machinery energy sources. 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's Severe Violator Enforcement Program 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. The company manufactures nonwoven fabrics and polyester staple fibers for the automotive industry. It employs 700 workers corporate wide, with 360 at the Sidney facility, and operates Color-Fi, Inc., in Sumter, South Carolina.
Explosion Reveals 36 Safety Violations at Indiana's Crane Army Ammunition Activity
Crane Army Ammunition Activity has been issued 36 notices of unsafe or unhealthful working conditions by OSHA, following an explosion and fire on March 28 in the pyrotechnic building of the Crane facility. Five workers were hospitalized after the incident. They were then treated at the hospital and released.
"The Crane Army Ammunition Activity failed to ensure the facility was in compliance with established safety and health procedures," said Vanessa Martin, director of OSHA's Indianapolis Area Office. "All employers are responsible for recognizing hazards in their facilities and addressing them by following OSHA standards. Thankfully, the hospitalized workers survived this unacceptable lapse in workplace safety."
The explosion and fire occurred in two dust collectors in the pyrotechnic building, where workers were in the process of cleaning the production area. The explosion forced the access door open, causing the fire and pressure wave to strike the production building. The facility receives, stores, ships, renovates, demilitarizes, and produces conventional ammunition, missiles, and related components.
A total of 34 serious safety violations were noted. Twenty-five of these serious violations involve PSM, including failure to compile existing process safety information; involve workers' employees in the process; develop, maintain and update information regarding safe limits and consequences of deviation; include materials of construction for the system or design standards and codes; ensure that equipment complied with recognized and generally accepted good engineering practices; address emergency operating procedures; and conduct inspections and tests on process equipment.
Nine serious violations involve failing to develop specific energy control procedures; train workers on energy control procedures; conduct periodic inspections of the procedures; provide lockout/tagout devices; to guard belts and pulleys; and conduct a personal protective equipment assessment and protect workers from combustible dust hazards. Additionally, two violations of OSHA's permit-required confined space standards were found, including failure to evaluate the workplace for permit-required confined spaces, issue entry permits and implement safe entry procedures.
Two other-than-serious violations involve failing to evaluate respiratory hazards in the facility and not reviewing incident reports with affected workers.
The federal agency equivalent to a private sector citation is the notice of unsafe and unhealthful working conditions. A notice is used to inform establishment officials of violations of OSHA standards and regulations. OSHA cannot propose monetary penalties against another federal agency for failure to comply with OSHA standards.
Crane Army Ammunition Activity employs 750 personnel and is located at Naval Support Activity in Crane.
Team Transport Cited by OSHA for Asphyxiation Hazards Following Worker Fatality
An inspection began in April after a temporary worker, who was cleaning the inside of a tanker trailer without proper training, was found unconscious and later died from an oxygen-deficient atmosphere.
"Confined spaces can potentially contain hazardous atmospheres. In this case, the employer failed to implement all aspects of a confined space program, including training its workers," said Carlos Reynolds, OSHA's area director in Little Rock. "This lack of regard for worker safety is unacceptable and led to a loss of life."
A willful violation was cited for failing to maintain air monitoring equipment and evaluate permit-required confined space conditions prior to entry.
The seven serious violations cited include failing to guard open floor holes to prevent falling into the next level; stabilize a platform used to access a tanker cleaning area with railings or posts to prevent fall hazards; and train workers on confined spaces and hazard communications. The employer also failed to implement respirator, confined space, and hazard communications programs.
The three other-than-serious violations involve the availability of confined space training certifications and ensuring drums and totes containing chemicals were properly labeled with identity and hazard warnings.
OSHA Cites Quaker City Castings for 9 Safety Violations at Ohio Foundry
Quaker City Castings, Inc., has been cited by OSHA for nine serious safety and health violations, including lack of a hearing conservation program, unguarded machinery, and electrical safety violations. Proposed fines total $45,000 following a July complaint inspection at the Salem iron and steel foundry.
"The absence of adequate protections creates a work environment where workers are vulnerable to injury and illness," said Howard Eberts, OSHA's area director in Cleveland. "Employers, such as Quaker City Castings, have a responsibility to evaluate workplaces for existing hazards and protect workers from injuries."
The nine serious violations include failing to implement engineering controls to protect workers exposed to noise levels above 90 decibels; provide annual hearing conservation training; remove damaged, powered industrial vehicles out of service; and use compressed air for proper cleaning. Other violations include not using electrical equipment according to instructions on listing and labeling; allowing workers to be exposed to live electrical wires; using visibly damaged electrical equipment; failing to close electrical boxes; and improperly using flexible electrical cords.
Additionally, the company was cited for violations that expose workers to amputation injuries, including failing to develop machine-specific procedures for controlling hazardous energy during service and maintenance, and lack of machine guarding on various machines, such as grinders, lathes, and band saws.
The company was previously inspected in March 2006 and cited for five violations.
Northstar Metal Products Fined for Multiple Violations Following Explosion and Fire
Northstar Metal Products has been cited by OSHA for 11 safety and health violations following an April 1 dust collector explosion and ensuing fire at the Glendale Heights sheet metal production facility. Two workers were injured, one of whom suffered face, arm, and hand burns. OSHA has proposed fines of $51,480.
"Manufacturing companies using materials that cause combustible dust particles-hazards that are unique to their industry-must take precautions to avoid potential explosions and injuries," said Kathy Webb, OSHA's area director in North Aurora. "Employers must be aware of hazards at their work sites and take preventive measures."
One repeat violation was cited for failing to control hazardous energy. A similar violation was cited in 2011 at this facility.
Among the 10 serious violations, one involved OSHA's general duty clause and failing to control hazards from aluminum dust. The other violations include a lack of machine guarding, respiratory protection, fall protection and hazard communication programs; inadequate or missing signage; improperly maintained fire extinguishers; lack of a confined space program and violations of safe electrical work practices.
The company has previously been cited for 11 violations during seven OSHA inspections.
OSHA Cites Alabama Pallet Manufacturer for Repeat, Serious Safety Violations
Southeast Forest Products, Inc., doing business as Southeast Pallet & Box Co., has been cited by OSHA for seven repeat and three serious safety and health violations following an April inspection at the company's Montgomery facility. The inspection resulted in $76,230 in proposed penalties and was initiated as part of OSHA's local emphasis program on noise reduction.
"This employer has an extensive OSHA inspection history and has had ample opportunity to address the hazards identified in previous inspections, yet chooses to continue to neglect electrical/shock, burn and combustible dust hazards," said Joseph Roesler, OSHA's area director in Mobile. "Workers deserve a safe and healthful workplace."
The repeat violations, carrying $63,910 in penalties, include the employer exposing workers to electrical/shock, burn, and amputation hazards. Additionally, the employer failed to implement a hearing monitoring plan, conduct audiometric testing and initiate a training program for workers exposed to noise above the permissible exposure limit. The company received citations for similar violations in 2009.
The serious violations, carrying $12,320 in penalties, include exposing workers to combustible dust hazards and failing to ensure industrial powered trucks were in safe operating condition.
B R Flowers & Co. Inc. and Tidewater Staffing Inc. Face Fines after July Heat Fatality
B R Flowers & Co., Inc., a ship repair company in Hampton, and Tidewater Staffing, Inc., in Portsmouth, have each been cited by OSHA for a serious violation of OSHA's general duty clause after a temporary worker died from excessive heat while cleaning up debris on the deck of the USS Nitze. The ship was located at Pier 5 at the Naval Operations Base in Norfolk.
"This tragedy underscores how critical it is for employers to ensure frequent access to water, rest and shade during the hot summer months, and ensure awareness among workers about how to recognize and respond to signs of heat-related illness," said MaryAnn Garrahan, OSHA regional administrator in Philadelphia.
The violation involves failing to develop and implement procedures for protecting workers while working outside during extreme temperature conditions.
B R Flowers & Co., Inc., specializes in deck coating removal and application. Tidewater Staffing, Inc., is a temporary staffing provider with offices in Chesapeake, Newport News, Portsmouth and Virginia Beach. An additional office is located in Jacksonville, Florida.
Each company faces proposed fines of $7,000, the maximum penalty permitted for a serious violation.
OSHA Forms Workplace Safety and Health Partnership with WS Bellows Construction Corp.
To meet the goal of reducing occupational fatalities, injuries, and illnesses, OSHA, W.S. Bellows Construction Corp., and Phillips 66 have agreed to enter into a cooperative partnership agreement during the construction of the Phillips 66 headquarters in Houston.
W.S. Bellows will begin construction operations in early December. It will employ about 1,000 workers and 100 contractors at the site when fully operational. The construction project is the largest W.S. Bellows has to date, which will include two multistory buildings and a garage in excess of a million square feet each. OSHA's Houston South Area Office will support training efforts by participating in the quarterly management audit team and monthly safety meeting and will provide technical assistance, as needed.
Employers and employees with questions about this or other OSHA partnerships can call OSHA's Houston South Area Office at 281-286-0583.
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