Martin Foundry Co., Inc., its owner—Darrell Stone, and three representatives of its safety consultant company—Compliance Professionals, Inc., all based in Kansas City, Missouri, have been found in criminal contempt by US District Judge Beth Phillips after resisting and disobeying a court order to allow federal inspectors to investigate a report of an employee with an elevated level of lead in his blood at the foundry. All the defendants have admitted they resisted and disobeyed an administrative search warrant issued by Magistrate Judge John T. Maughmer on April 6 to cooperate with a federal OSHA inspection.
The US District Court in Kansas City has ordered the defendants to jointly pay $10,778 to reimburse departmental costs. Martin Foundry and its owner are also each liable for $1,000 in fines for their failure to cooperate. The three third-party consultants will each pay fines of $2,000, based on a finding that they willfully impeded OSHA's investigation and refused to comply with the warrant.
"We are pleased that the courts put the workers' welfare first by enforcing the warrant requiring the employer to allow OSHA to inspect the foundry," said Marcia Drumm, OSHA's regional administrator in Kansas City. "Martin Foundry's refusal to allow a comprehensive health inspection led OSHA to seek court intervention to ensure its workers are safe."
OSHA investigators attempted to inspect the foundry March 27, after the Missouri Department of Health reported that an employee had an elevated blood lead level. Stone refused to allow inspectors into the foundry, leading agency officials to obtain a warrant and return April 7 to complete the inspection. At that time, Stone and representatives from Compliance Professionals again refused entry in violation of the warrant. Inspectors returned later that day with US Marshals. Martin Foundry and Compliance Professionals persisted in obstructing OSHA's investigators after the US Marshals left the workplace. OSHA was only able to complete the inspection after attorneys for the US Department of Labor and US Department of Justice initiated contempt proceedings.
Exposure to high levels of lead may cause anemia, weakness, and kidney and brain damage. Each year more than 50,000 American workers die from occupational exposure to lead, asbestos, and other substances.
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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OSHA Proposes Approval of Maine’s State Plan to Protect the Safety and Health of State and Local Government Workers
Under the OSH Act, state and local government employees are specifically excluded from federal coverage. These employees receive formal OSHA coverage only through an OSHA-approved State Plan.
"The Maine Department of Labor is to be commended for taking this step forward to provide protection for these workers," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "This should serve as a model for other states that are interested in maintaining the safety and health of their public workforces."
The Maine State Plan for state and local government employees will be the newest OSHA-approved State Plan. If approved, the plan will cover approximately 81,000 public workers. Private sector and federally employed workers will remain under the jurisdiction of federal OSHA.
The proposed rule’s 30-day comment period allows the submittal of comments and requests for a hearing through June 19, 2015.
To be eligible for initial (developmental) approval as a state and local government employee State Plan, a state must be able to operate an occupational safety and health program that is, or will be, at least as effective as the federal program.
Alfa Laval Faces Nearly $500,000 in Fines for Safety Violations
Federal investigators found five repeated and 45 serious violations on a range of health and safety issues at the company's facility in Broken Arrow, Oklahoma, including inadequate protection of workers from machinery, a lack of respiratory equipment, and training for hazardous chemicals. An OSHA violation is serious if death or serious physical harm could result from a hazard an employer knew or should have known exists. A repeated violation exists when an employer has been cited previously 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.
Alfa Laval also had no procedure to prevent machines from starting during maintenance or service, and failed to maintain written fire protection and emergency management plans. OSHA levied a $218,500 penalty for the repeated violations that it had cited the employer for in 2010 and 2011, and an additional $259,400 for the serious violations.
"Alfa Laval has no excuse for repeatedly exposing workers to dangerous conditions," said David Bates, OSHA's area director in Oklahoma City. "A continued failure by the company to make needed changes to its safety program may well result in severe injuries or worse."
A global provider of heat transfer, centrifugal separation and fluid handling products, Alfa Laval employs about 18,000 employees at locations in Sweden, Denmark, India, China, the US, and France. The company serves industries that produce food and beverages, chemicals and petrochemicals, pharmaceuticals, starch, sugar, and ethanol. Alfa Laval's products are also used in power plants, aboard ships, oil and gas exploration, in the mechanical engineering industry, in the mining industry, and for wastewater treatment, as well as for comfort climate and refrigeration applications. It reported annual sales of $4.2 billion in 2014. The Broken Arrow facility employs approximately 220 people.
Imperial Industries Exposes Welders to Toxic Metal Hazards
At high levels, hexavalent chromium can cause lung cancer and respiratory, eye, and skin damage.
Proposed penalties total $161,100. A willful violation is one committed with intentional, knowing or voluntary disregard for the law’s requirement, or with plain indifference to worker safety and health.
"Each year 50,000 workers die from exposures to hazardous substances like chromium during their careers. Failing to take steps to limit exposure to this dangerous substance is inexcusable," said Robert Bonack, area director of OSHA's Appleton office. "Workers pay the price when companies don't follow standards to reduce injuries and illnesses. Imperial Industries needs to take immediate steps to comply with safety and health standards."
Inspectors determined employees were exposed to hexavalent chromium at levels exceeding permissible exposure limits while welding steels containing chromium metal. Chromium is added to harden alloy steel and help it resist corrosion. Additionally, the company failed to implement engineering controls to reduce and monitor exposure levels among workers.
The November 2014 investigation also found workers endangered by amputation and struck-by hazards because machines lacked safety mechanisms.
Pinnacle Roofing Contractors Employee Suffers Fatal Injury after Falling Through Skylight
Skylights are a useful way to allow sunlight into a room or other space, but without safety guards or covers, they can expose rooftop workers to catastrophic falls, serious injury, and death.
Atop a warehouse on Powers Avenue in Jacksonville, Florida, roofer John W. Miles III crashed through a skylight without an adequate safety cage and plunged more than 24 feet to the ground below. He was admitted to an area hospital in critical condition and later died of his injuries.
OSHA inspectors responded to the scene to investigate. They found Pinnacle Roofing Contractors, Inc., Miles' employer, had failed to install protective cages over the skylights and cited the Jacksonville-based company for two willful and two serious violations.
"While some skylights on the warehouse roof had safeguards installed, workers were not protected from fall hazards sufficiently. If Pinnacle Roofing had been more diligent, John Miles would be with us today," said Brian Sturtecky, OSHA's area director in Jacksonville.
Two serious citations were issued for failing to ensure the edge of the roof was marked and for not installing skylight protection systems capable of supporting a worker's fall. Proposed penalties total $154,000.
Falls are a leading cause of death for construction workers.
The page offers fact sheets, posters, and videos that vividly illustrate various fall hazards and appropriate preventive measures.
9 Florida Contractors Fined $135,000 for Putting Workers at Risk
If you're a construction company owner and routinely choose to ignore worker safety, you may want to think twice about putting your employees in danger of falls and other serious safety risks. Nine contractors at the newly constructed Oasis Park Square residential development in Doral, Florida, learned a hard lesson when OSHA inspectors visited the work site in November 2014.
OSHA also conducted two separate inspections of L.C. Service Drywall, Inc., Seven of the employers are Miami-based; Garmon Construction is based in Coral Gables, and Fast Carpentry is located in Homestead.
"Shoma Alliance Management Corp., and its contractors exposed their employees to numerous safety hazards or permitted multiple risks, including falls that could have resulted in death or serious injury" said Condell Eastmond, director of OSHA's Fort Lauderdale Area Office. "Developers and general contractors are responsible for the safety of employees at their work sites. OSHA will continue to hold them accountable for the employees' safety."
Shoma is the residential construction developer of the luxury housing complex. The company was issued three serious citations for exposing workers to fall hazards, improperly using a ladder, and not providing ladder safety training.
OSHA inspectors issued numerous citations for a variety of violations. They are, as follows:
- Garmon, Zavala, Blue Panther, PP All, Unity Windows, New World and L.C. Service Drywall were each cited for one serious violation for not protecting workers from falling from heights up to 35 feet.
- PP All, Fast Carpentry and New World were each issued one serious violation for poor housekeeping of the work site.
- Garmon Construction received two additional serious violations for not maintaining an accident prevention program and for poor housekeeping of the work site by not cleaning up wood and debris.
- Fast Carpentry was issued a repeated citation for not providing fall protection.
- Unity Windows also received a serious violation for improper ladder use.
- Zavala Associates, specializing in carpentry, sheathing and formwork, was also issued four additional serious citations for allowing employees to work without head protection and eye protection, not providing fall protection training and failing to cover exposed rebar ends.
- PP All, a carpentry contractor, was cited for three serious violations for not providing fall protection training, failing to cover rebar ends and not ensuring workers wore eye protection. It was also cited for one additional serious violation for failing to install a handrail on a stairway.
- New World, a masonry contractor, was cited for one serious violation for not installing a handrail. It was cited for one additional other-than-serious violation for not developing a hazard communication program when employees were working with products that contained silica dust.
- L.C. Drywall was cited for one serious violation for not installing a handrail. It was also issued four additional citations for allowing workers to access a landing that was not protected with a guardrail system; not ensuring the scaffolding system was fully planked; exposing employees to a 23-foot fall from an aerial lift; and permitting employees to work from a scaffold without fall protection.
Dollar General Fined Nearly $125,000 for Blocked Emergency Exits, Other Serious Hazards
Boxes and excess merchandise could be a matter of life or death for workers at a Dollar General store in Bear, Delaware, where federal inspectors found emergency exits blocked, in violation of federal law.
The review by OSHA inspectors was done in November 2014 at the store at 1679 Pulaski Highway, where four violations were found. Proposed penalties total $122,100.
The recent violations continue a six-year history of similar safety hazards found in more than 70 inspections of Dollar General Corp.'s, stores nationwide. The company has received more than 40 citations since 2009. Many involved blocked emergency exits and electrical panels, and improperly maintained fire extinguishers.
"Again and again, our inspectors have found similar hazards at Dollar General stores, yet the company continues to put its employees at risk," said Erin Patterson, director of OSHA's Wilmington Area Office. "In a fire or emergency, every second counts. A blocked exit route can lead to tragedy. The company needs to address these serious issues immediately."
OSHA's inspection found one willful violation and other violations, including electrical panel and fire extinguisher hazards at the Bear store.
Founded in 1938 and based in Goodlettsville, Tennessee, Dollar General is the nation's largest small-box discount retailer. It employs more than 11,000 employees and opened its 11,000th store in 2013.
Illinois Dollar Tree Endangers Workers with Blocked Exits, Stacked Boxes
Workers at two Chicago-area Dollar Tree, Inc., stores were exposed to safety hazards from blocked exit routes and boxes piled at dangerous heights. The national retailer, who recorded sales of $8.6 billion in 2014, has been cited by OSHA for more than 200 safety and health violations across the nation since 2009.
The inspections were initiated in November and December 2014 following employee complaints.
"Workers can be injured by haphazardly stacked boxes that fall or trapped when exits are blocked. Hazards like these put worker safety in jeopardy," said Kathy Webb, OSHA's area director in Calumet City. "Employers are responsible for ensuring the safety of workers in their facilities."
In the second half of 2014, OSHA cited Dollar Tree stores nationwide for more than $900,000 in fines.
Sifco Fails to Protect Workers from Molten Metal, Dangerous Machinery
Workers were at risk while using steam hammers and hot metal power presses to forge metal at Sifco Industries, Inc. OSHA inspectors found these and other hazards during a November 2014 inspection of the Cleveland-based forging plant.
Inspectors determined that employees faced debilitating injuries because machines with dangerous moving parts lacked proper safety mechanisms, and hazardous flying particles, and molten metal were risks to workers.
Each year, more than 3 million US employees suffer injuries at work that could have been prevented if their companies followed safety requirements.
. "Sifco Industries needs to make immediate improvements to its safety procedures."
Sifco, a global manufacturer for the aerospace and energy industries, faces penalties of $118,400 for one willful and nine serious safety violations, as follows:
- Failing to conduct annual inspections and testing procedures to keep machines from starting unintentionally, which was a willful violation
- Not installing safety guards on presses and developing specific procedures for machines to keep them from starting unintentionally during service and maintenance. These include attaching locking devices when workers change mechanical parts.
Sifco Industries was previously cited for similar hazards in 2011 at its Cleveland facility.
Suburban Propane Partners Exposes Workers to Electrical and other Hazards, Fined $114,000
OSHA began investigating Suburban Propane Partners LP, in Fort Worth, Texas, in November 2014.
The willful violation was cited for using temporary electrical cords as permanent electrical wiring. The 10 serious violations include several issues with the care and maintenance of the propane tanks and multiple electrical wiring violations. The company was also cited for failing to mark emergency exits and for having rodents in the workplace.
Proposed penalties total $114,000.
"Electrical fires and propane are a bad combination that can have fatal results," said Jack Rector, OSHA's area director in Fort Worth. "Suburban Propane needs to make safety a priority. Workers should not have to risk their lives or their health."
Ferro Magnetics Cited for Safety Violations that Lead to Fatality
A 31-year-old assembly technician was working with a battery charger manufacturer in Bridgeton, Missouri, for about a month when tragedy struck. In November 2014, the man was testing transformers when he was electrocuted.
OSHA investigators found that the man's death might have been prevented if his employer, Ferro Magnetics Corp., had supplied adequate personal protective equipment, followed safety procedures, and provided training.
"In seconds, a family was altered forever, and a young girl is now fatherless," said Bill McDonald, OSHA's area director in St. Louis. "Companies that operate with high-voltage electricity must train workers to recognize hazards and use proper procedures to prevent electrical shock. No one should die on-the-job. Ferro Magnetics must act now to train its workers, so that another family does not suffer."
In its inspection, OSHA found multiple electrical safety hazards; machines with moving parts without safety guards; and inadequate protections to stop machine starts during service and maintenance. Inspectors also found hand, eye, and face protection was not supplied. Additionally, hazardous chemicals were stored improperly and employees were allowed to use damaged powered industrial trucks.
The company faces penalties of $106,400.
Lebanon Seaboard Corporation Fined $89,000 for Exposing Workers to Amputation Hazards
On December 30, 2014, OSHA's Peoria office initiated an inspection at Lebanon Seaboard Corporation, a fertilizer manufacturer in Danville, Illinois. The company was on the 2014 Site Specific Targeting List for high-hazard industries.
Investigators found two safety violations, which had also been cited at Lebanon Seaboard Corporation in 2011. OSHA issued two repeated and six serious violations.
Other violations included:
- Exposing workers to fall hazards of up to 8 feet because working surfaces lacked safety rails
- Not training workers on the use of respirators and fire extinguishers
"Each year thousands of workers suffer lacerations, amputations and other serious injuries because these machine safety procedures are not in place," said Thomas Bielema, OSHA's area director in Peoria. "Companies like Lebanon Seaboard Corporation who are cited for repeat violations demonstrate a lack of commitment to employee safety and health."
Proposed penalties total $89,500.
Recycling Revolution LLC Exposes Workers to Amputation Hazards
OSHA issued 14 repeated and 12 serious citations to the solid waste collection and processing company. Additionally, the employer was cited for not removing from service a forklift with missing safety equipment and exposing workers to fall hazards due to missing railings on stairs.
"Deadly falls, severe burns, crushed fingers or hands, and electric shock—those are just some of the hazards employees at Recycling Revolution faced because of management's disregard for worker safety," said Robert Vazzi, director of OSHA's Savannah Area Office. "The company's actions are not only disappointing but also dangerous, and they must take immediate action to address these hazards."
Proposed penalties total $78,078.
Recycling Revolutions has been inspected by OSHA four times since 2012 and received 24 citations for workplace hazards.
18 Workers Endangered by Deadly Levels of Carbon Monoxide Gas at JR Holdings Inc.
A total of 18 workers were hospitalized in Springfield, Missouri, after exposure to deadly carbon monoxide gas levels of up to 6.71 times the permissible limit, OSHA inspectors found.
OSHA investigators determined that in November 2014, employees of JRI Holdings, Inc., were testing a commercial industrial parts washer powered by two natural gas heaters. Employees were working inside a building with its doors closed because of cold temperatures, which limited ventilation.
JRI Holdings was cited by OSHA for one willful and three serious safety violations for failing to provide respiratory protection, monitoring and to ventilate the work site adequately. Proposed penalties total $70,700. "Carbon monoxide is a silent killer because it's odorless, tasteless and invisible," said Barbara Theriot, OSHA's area director in Kansas City, Missouri. "Overexposure can cause headaches, vomiting and death. Companies using heaters and other products that produce this deadly gas must make sure spaces are well-ventilated and that workers use protective equipment and monitor for exposure."
Blood samples indicated that workers were exposed to high levels of carbon monoxide on the job site, resulting in a willful violation.
OSHA inspectors also cited JRI Holdings for one serious safety violation for exposing workers to fall hazards because open-sided platforms lacked guardrails. The company also failed to determine if hazardous conditions existed and to provide personal protective equipment.
Allied Metals LLC Exposes Workers to Electrocution, Amputations, and Lead Hazards
At the time of the inspection, workers were recycling metal at the company's warehouse.
Other violations include exposing workers to electric shock from improperly spliced power cords and allowing workers to eat lunch on tables contaminated with lead.
"Workers at Allied Metals are being exposed to numerous safety hazards because management is not taking its responsibility seriously. Employers are required to remove workplace hazards so that employees can return home safely at the end of their shift," said Condell Eastmond, OSHA's area director in Ft Lauderdale.
Proposed penalties total $57,600.
Cal/OSHA Finds Employer at Fault in Window Washer’s Fall
Following an investigation into a window washer’s eleven-story fall from the roof of a San Francisco building, Cal/OSHA recently cited Century Window Cleaning for five safety hazards. Two of the five hazards cited were for serious violations including the failure to secure the roof with fall protection equipment and inadequate training on the proper use of the victim’s personal fall protection equipment.
When the window washer lost his balance and fell on November 21, 2014, he landed on a moving automobile. Both the driver of the vehicle and the employee survived with serious injuries.
“While it is miraculous that this man survived a fall from this height, his fall is an essential reminder that employers are required to provide protections from the hazards of high elevation work,” said Department of Industrial Relations (DIR) Director Christine Baker. Cal/OSHA is a division of the DIR.
Cal/OSHA investigators determined that Pedro Perez was in the process of moving the extension cord of a suspended scaffold around the corner of the building at 400 Montgomery Street in San Francisco. As he moved toward the edge of the roof, he disconnected the lanyard of his fall protection equipment from an anchor point. He then lost his balance and tumbled over the edge.
“Falls from elevation are a leading cause of death and injury among workers. Cal/OSHA just concluded a statewide effort to highlight the importance of fall safety protection, including a review of fall protection equipment and the need to train on its use,” stated Cal/OSHA Chief Juliann Sum.
In total, there were five citations with proposed penalties of $12,765 issued in this case: three general, one serious, and one serious accident related. A general violation is cited when an accident or illness resulting from the violation of a standard would probably not cause death or serious harm, but would have a direct effect on the health of employees. In contrast, a serious violation is cited when there is a realistic possibility that death or serious physical harm could result from the violation.
In 2008, Cal/OSHA cited Century Window Cleaning $2,720 for four violations, one of which was serious, following a complaint-based investigation.
AlcoTec Receives Renewal of MSHARP Certification for Outstanding Workplace Safety
AlcoTec Wire Corporation in Traverse City, Michigan, a manufacturer of welding wire, was recently awarded renewal of its Michigan Safety and Health Achievement Recognition Program (MSHARP) certification from the Michigan Occupational Safety and Health Administration (MIOSHA).
MIOSHA established the MSHARP Award to recognize employers for outstanding workplace safety and health programs that distinguish them among their peers. The MIOSHA program is part of the Michigan Department of Licensing and Regulatory Affairs (LARA).
“MIOSHA is pleased to recognize AlcoTec for its continued focus on workplace safety and health,” said MIOSHA Director Martha Yoder. “This is an admirable achievement, and one which we hope more companies will strive to attain.”
MSHARP targets small manufacturers to help them develop, implement, and continuously improve the effectiveness of their workplace safety and health management system. The program provides an incentive for employers to emphasize accident and illness prevention by anticipating problems, not reacting to them.
“AlcoTec views MIOSHA and the MSHARP program as strategic partners in our business success,” said Jennifer Ewing, Alco Tec director of human resources, environmental, health and safety. “We believe that providing a safe work environment not only allows our associates to be fully productive during work, it also allows them to enjoy a good quality of life outside of work. By partnering with MIOSHA, we have the support and services to achieve this goal.”
The MIOSHA Onsite Consultation Program within the Consultation Education and Training (CET) Division operates the MSHARP. MSHARP worksites earn an exemption from "programmed" MIOSHA inspections on a yearly basis.
AlcoTec incorporates each of the seven required elements into its system: hazard anticipation and detection; hazard prevention and control; planning and evaluation; administration and supervision; safety and health training; management leadership; and employee participation.
Wolverine Building Group and MIOSHA Partner to Protect Workers During Construction
The Wolverine Building Group (WBG) and MIOSHA signed a formal partnership with the goal of enhanced safety and health, and zero worker injuries during the construction of a new student housing apartment complex.
The project, which officially began this month and is expected to be completed by June 2016, involves the construction of 13, three-story buildings on a 15 acre site, with two and three-bedroom units, a clubhouse, pool, volleyball and basketball courts, a grilling station, and more.
“MIOSHA commends Wolverine for its high standards of safety and health on all projects,” said MIOSHA Director Martha Yoder. “As we participate in the ‘National Safety Stand-Down to Prevent Falls in Construction’ this month, this project is especially relevant to protecting workers from falls—a leading cause of death for construction workers.”
Signing partners included Yoder and Wolverine’s Safety Director Ted Bergin, Project Manager Damian Millisor, and Site Supervisor Shane Adams. Some partnering subcontractors were also in attendance.
“We view MIOSHA as a partner on every job, not just on our partnership, but on all of our jobs,” said Bergin. “They have the same goal that we do, that every worker goes safely home to the ones they love.”
Partnerships are an important emphasis in the MIOSHA Strategic Plan to improve the health and safety of workers through cooperative relationships; they move away from traditional enforcement methods and embrace collaborative agreements.
The safety and health of the project’s employees is fundamental to this partnership with MIOSHA. The leadership of Wolverine, partnering contractors, LARA and MIOSHA are aligned and committed to achieving the objective of worker protection by providing a workplace with an effective safety management system that is hazard-free.
Key elements of the site-specific safety and health program for construction include:
- Adherence to all safety policies, procedures, and MIOSHA standards
- 100% fall protection over six feet, including steel erection and roof work (the use of a Safety Monitor system is specifically prohibited in all cases)
- Mandatory attendance to a project safety orientation. This includes project orientation, a project-specific safety video, and signing the written commitment document at the completion of the session.
- All crane operators will be Certified Crane Operators (CCO) as recognized by National Commission for the Certification of Crane Operators (NCCCO) and other recognized certification agencies
- Mandatory post-accident substance abuse testing
- Pre-Task Analysis (PTA’s) are to be completed and submitted to WBG prior to the beginning of critical work
- Contractors shall provide a Competent and/or Qualified Person for work operations as identified by MIOSHA standards and/or WBG
- WBG and the partnering employers on this project will uniformly enforce a disciplinary action plan for employees who fail to work in a safe manner. Automatic dismissal from this project shall result from any willful or deliberate violation of safety rules or safety policies and procedures.
The partnership does not preclude MIOSHA from enforcing its mission of addressing complaints, fatalities, or serious accidents, nor does it infringe on the rights of employees to report workplace hazards.
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