On August 12, Magistrate Judge John Gorman of the U.S. District Court for the Central District of Illinois has ordered All-Feed Processing & Packaging Inc., headquartered in Alpha, Illinois, to allow OSHA to inspect its facilities during normal working conditions or face significant fines.
After finding the company in contempt for failing to allow OSHA to inspect its pet food research and packaging facility in Galva, Illinois, the judge imposed a daily fine of $500 that began on May 4. The fines against the company will be purged once OSHA is allowed to conduct full-shift monitoring of employees’ exposure to dust and noise under normal plant operating conditions without interference. In any event, the company is responsible for paying court costs and attorney fees.
“All-Feed Processing & Packaging’s continuous failure to allow proper OSHA inspections, along with its history of severe violations, has led us to seek court intervention to ensure that its manufacturing facilities are safe for workers,” said agency Regional Administrator Michael Connors in Chicago. “Employers have a responsibility to provide appropriate equipment and training to protect workers from respiratory hazards, and to ensure work environments are healthful and safe.”
Following a January inspection, OSHA’s Peoria Area Office cited the company for four willful and one serious health violation for repeatedly failing to provide respirators and monitor workers’ exposure to dust at the Galva facility. Those violations qualified the company for placement in OSHA’s Severe Violator Enforcement Program, which is intended to focus enforcement resources on employers with a history of safety violations that endanger workers by demonstrating indifference to their responsibilities under the law. This tool includes mandatory OSHA follow-up inspections and inspections of other work sites of the same employer where similar hazards and deficiencies may be present.
All Feed Processing & Packaging has been inspected by OSHA 10 times since 2000, resulting in a significant enforcement action on five occasions. Those citations encompassed a total of 43 serious, 19 willful, five repeat, and 10 other-than-serious violations, many of which related to failing to monitor and limit employees’ exposure to hazardous dust.
Safety Consultant/Trainer
Environmental Resource Center has a new opening for a safety consultant and auditor. We are looking for a former OSHA CSHO, OSHA trainer, or state inspector for this position in our Cary, North Carolina, office. Applicants should have excellent writing and speaking skills and be willing to travel 7–14 days per month. We are looking for an expert in all of the General Industry and Construction standards who is capable of performing audits of industrial facilities as well as conducting on-site training.
Strong consideration will be given to applicants who also have experience providing Hazwoper, Hazcom, lockout/tagout, confined spaces, and machine guarding training.
The position includes maintenance of training materials (books and presentations), working on consulting projects, development of classes and computer-based training programs, and ensuring customer satisfaction.
How to Prepare for OSHA Adoption of the GHS for Classification and Labeling of Chemicals
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 webcast training courses where you will learn how the new rule differs from current requirements, how to implement the changes, and when the changes must be implemented. Dates for the upcoming webcasts include:
- August 31
- September 16
- September 27
Advertising Opportunities Available
Globally Harmonized System (GHS) for Classification and Labeling Chemicals Updated
The third edition was the basis for OSHA’s proposed adoption of GHS into the hazard communication standard at 29 CFR 1910.1200, which expected to be finalized next month. When adopted, GHS will dramatically change Safety Data Sheets, how workplace chemicals are labeled, Hazcom training, and hazard communication programs.
As of this writing, there is a charge for both the print and electronic versions of the fourth edition.
Learn more about how GHS will impact your facility by attending these webcasts:
OSHA Issues Hazard Alerts on Dangers of Worker Engulfment and Suffocation in Grain Bins
Grain handling is a high hazard industry where workers can be exposed to serious and life threatening hazards such as suffocation from engulfment and entrapment, fires and explosions from grain dust accumulation, falls from heights and crushing injuries and amputations from grain handling equipment. According to a report issued by Purdue University, in 2010, 51 workers were engulfed by grain stored in bins and 26 died—the highest number on record.
“Suffocation from engulfment is the leading cause of death in grain bins and the number of tragedies continues to climb,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “They can be avoided if owners and operators use well-known safety measures that are proven to prevent workers from being killed or seriously injured.”
Grain bins are used to store bulk raw agricultural commodities such as corn, wheat and oats. Workers entering bins can be engulfed and suffocate if they stand on moving or flowing grain, which acts like quicksand and pulls workers under. Such was the case in June when three workers were killed in one week after they were buried in grain.
Workers can also suffocate if they enter bins that don’t have enough oxygen or contain hazardous atmospheres. Incidents in grain bins often result in multiple deaths because workers attempt to rescue their coworkers and become trapped as well.
Precautions include disconnecting equipment that presents a danger; prohibiting workers from walking on the grain to make it flow; providing workers with personal protective and rescue equipment; and requiring an observer outside the bin who can perform rescue operations. The wallet hazard card is an abbreviated version of the bulletin and highlights the precautions that employers must take to ensure that workers are safe when entering storage bins. Drawings illustrate how quickly a worker can become entrapped in grain.
Rock-Tenn Co. Cited for Exposing Employees to Amputation Hazards
OSHA cited Norcross, Georgia-based Rock-Tenn Co., for exposing workers at its Dayton, New Jersey, facility to amputation hazards caused by unguarded rotating equipment parts. OSHA initiated an inspection on May 31 under its National Emphasis Program on Amputations that resulted in a citation for a second repeat violation, carrying a $55,000 penalty.
The employer was cited for the same violation on September 15, 2010, at its Norcross facility, and on December 10, 2008, at a facility in Milwaukee, Wisconsin. 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.
“Moving machine parts have the potential to cause severe workplace injuries, such as crushed fingers or hands and amputations,” said Patricia Jones, director of OSHA’s Avenel, New Jersey, Area Office. “This company must protect employees from exposure to hazards that can cause such debilitating injuries.”
Rock-Tenn Co., manufactures corrugated shipping containers and employs 104 workers at its Dayton location.
OSHA Cites Dream House Stucco for Exposing Workers to Fall, Other Hazards
OSHA has cited Dream House Stucco, a Newark, New Jersey-based construction company, for 11 safety violations at a residential construction site in Monroe, New Jersey. OSHA initiated an inspection on March 28 under a local emphasis program focused on falls in construction, during which inspectors observed employees working on scaffolds at heights of up to 20 feet without fall protection. Proposed penalties total $64,020.
“Falls are one of the leading causes of occupational deaths, accounting for 8 percent of all occupational fatalities resulting from trauma,” said Patricia Jones, director of OSHA’s Avenel Area Office. “The company’s hazardous practices continue to leave employees at risk of serious injury and possible death.”
Five repeat violations with $43,560 in proposed penalties are related to scaffold hazards including the company’s failure to ensure there was a firm foundation when scaffolds were erected, provide scaffold training, provide personal protection equipment, and ensure that scaffolding was erected by a competent person. The company previously was cited for similar violations on November 16, 2010, at a site in Elizabeth, New Jersey.
Six serious violations with $20,460 in proposed penalties involve the company’s failure to provide employees with hardhats; the use of worn or frayed electrical cords at the job site; missing fire extinguishers; and additional scaffold hazards, including missing cross bracing and the lack of safe access for the scaffold. 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 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.
OSHA Cites Intercontinental Packaging Inc. for Combustible Dust and Other Hazards
OSHA cited Intercontinental Packaging Inc., for 24 safety violations at the company’s Opelika, Alabama, plant, including exposing workers to hazards associated with combustible dust, among others. OSHA conducted an inspection in May as part of its national emphasis programs on combustible dust and amputations, and a regional emphasis program on powered industrial trucks. Proposed penalties total $54,880.
Twelve serious violations carrying proposed penalties of $47,180 involve improper housekeeping for allowing up to 36 inches of combustible wood dust to accumulate; having improper electrical classification in the area of dust buildup; failing to provide standard guardrails on a platform; not training employees on the use and care of personal fall equipment; failing to train workers on the use of powered industrial trucks; not maintaining forklifts properly by having seatbelts installed; exposing employees to machine guarding hazards; failing to have a written hazard communication program addressing chemical hazards; not having a strain relief for flexible cords and cables; and deficiencies associated with lockout/tagout procedures intended to prevent equipment from starting up unexpectedly.
Eleven other-than-serious violations carrying penalties of $7,700 relate to deficient record keeping, including not recording all of the required information for 2007, 2008, 2010, and 2011, as well as not annually summarizing the OSHA 300 log of work-related injuries and illnesses for 2007, 2008, and 2010. There were no injuries in 2009 that met the OSHA criteria for reportable injuries. One additional other-than-serious violation involved failed to provide employees using respirators voluntarily with the information contained in Appendix D of the agency’s respirator standard. 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.
“This inspection found a variety of serious hazards, including accumulations of combustible wood dust, along with potential ignition sources, which expose employees to the risk of fire and explosions. Employers must take the necessary precautions when conducting operations that produce combustible dusts to prevent catastrophe,” said Kurt Petermeyer, OSHA’s area director in Mobile.
Americarb Cited for 11 Safety Violations after Workplace Fatality
OSHA cited Americarb Inc., for three willful, three serious, and five other-than-serious safety violations at its Ashland, Ohio, facility. OSHA initiated an inspection after an employee was fatally injured in March when he was struck in the stomach by debris from machinery not properly equipped with guarding.
“Employers have a responsibility to ensure workers are protected from moving mechanical parts, and electrical and hydraulic hazards,” said Kimberly Nelson, OSHA’s Toledo area director. “There’s no excuse for not providing proper training, installing machine guarding, and implementing lockout and tagout procedures for energy sources.”
The willful violations involve a failure to have proper machine lockout/tagout procedures to prevent equipment from unexpectedly starting up; failure to have proper point-of-operation machine guarding in place; and using compressed air with pressure of more than 30 lb per square inch. A willful violation is one committed with intentional knowing or voluntary disregard for the law’s requirements, or with plain indifference to worker safety and health.
The serious violations involve a lack of proper lockout/tagout training for workers, a lack of general machine guarding, and allowing workers to stand between an operating forklift and fixed objects.
The other-than-serious violations involve a lack of proper record keeping and not providing employees with required respirator standards.
Americarb Inc., a graphite machining company, faces proposed penalties of $194,400 for the violations.
OSHA Cites Contractor at Hill AFB for Exposing Workers to Hazardous Air Contaminants
OSHA has cited contractor Affordable Engineering Services LLC at Hill Air Force Base in Ogden, Utah, for 12 serious safety and health violations related to exposing workers to hazardous contaminants. Proposed penalties total $51,850.
OSHA began its planned safety and health inspections at the base in January under its Federal Agency Targeting Inspection Program, which is designed to focus on federal work sites experiencing a high number of work-related injuries and illnesses. Affordable Engineering Services provides aircraft maintenance for the U.S. Air Force.
The serious violations include exposing workers to air contaminants including hexavalent chromium, cadmium and methylene chloride; lack of engineering controls for air contaminants; lack of engineering controls for noise exposures; inadequate medical surveillance for employees exposed to hexavalent chromium and cadmium; lack of appropriate change rooms; failure to train workers on hazardous chemicals; and improper training for respiratory protection.
“This contractor’s workers are exposed to excessive levels of hexavalent chromium, cadmium and methylene chloride, and providing necessary controls is critical in preventing diseases like lung cancer,” said Herb Gibson, director of OSHA’s Denver Area Office. “These violations could have been avoided if the employer had followed OSHA’s expanded health standards for chromium and cadmium.”
Missa Bay LLC Fined for Repeat Safety Hazards
OSHA cited Missa Bay LLC for five safety violations at its Swedesboro, New Jersey, facility. Proposed penalties total $51,000 following OSHA’s March 10 inspection.
“Each of these violations leaves employees at risk of serious injury and possible death,” said Paula Dixon-Roderick, director of OSHA’s Marlton Area Office. “It is vital that the company correct these violations immediately to protect the workers at this facility.”
Two repeat violations with penalties of $30,000 involve to the company’s failure to ensure workers were wearing safety glasses and ensure the proper level of compressed air was used for cleaning food particles. The employer was previously cited for these violations at the same location on February 19, 2010.
Three serious violations with penalties of $21,000 involve electrical hazards; failing to perform monthly inspections of hoist chains and hooks, including signed reports; and failing to perform periodic crane inspections.
Crown Battery Manufacturing Co. Fined for Exposing Workers to Lead
OSHA cited Crown Battery Manufacturing Co., in Fremont, Ohio, for three health violations, which relate to exposing employees to lead hazards. The company faces penalties totaling $97,000 following a February inspection.
“Repeatedly failing to take basic safety precautions to protect workers from known workplace hazards such as lead is unacceptable,” said Kimberly Nelson, OSHA’s area director in Toledo. “Employers are responsible for knowing what hazards exist in their workplaces and ensuring that workers are not exposed to risks that could result in injury or death.”
One willful violation, with a proposed penalty of $55,000, was cited for allowing employees to dry sweep in areas where lead is used and processed. OSHA standards require lead to be removed by a vacuum with a High-Efficiency Particulate Air filter or other equally effective method.
One repeat violation, with a proposed penalty of $35,000, involves multiple incidents of overexposing employees to lead and lacking engineering controls for lead exposure. Prior to this most recent inspection, Crown Battery Manufacturing has been inspected by OSHA 21 times since 1974, and was issued 23 final order citations for violations of the lead standard and four for lack of engineering controls due to lead overexposure. Those four citations were issued in 1980, 1981, 2005, and 2009.
One serious violation, with a proposed penalty of $7,000, was cited for failing to test the under-the-hook lifting device and mark its capacity. The device is used to lift lead that weighs approximately 330 pounds and not testing or marking the device exposed employees to struck-by hazards.
FAA Places Restrictions on Companies that Employ Former Aviation Safety Inspectors
“The flying public can rest assured that our aviation safety inspectors will remain focused on protecting the flying public without any conflicts of interest,” said Transportation Secretary, Ray LaHood.
“This rule establishes clear restrictions that will improve our safety culture here at the FAA and throughout the aviation industry,” said FAA Administrator, Randy Babbitt.
Certificate holders will be prohibited under certain conditions from employing, or making a contractual arrangement with, certain individuals who have worked for the FAA in the previous two years to act as an agent or a representative in any matter before the FAA.
These restrictions will apply if the former FAA employee directly served as or was responsible for the oversight of a Flight Standards Service aviation safety inspector and had direct responsibility to inspect, or oversee the inspection of, the operations of the certificate holder. This rule will also apply to persons who own or manage fractional ownership program aircraft that are used to conduct certain commercial operations.
This final rule follows a Notice of Proposed Rulemaking (NPRM) which was published on November 20, 2009. The rule responds to concerns raised by Congress and the DOT Inspector General in 2008 about the FAA’s oversight of Southwest Airlines. The DOT Inspector General concluded that that the FAA office overseeing the airline had developed an overly close relationship with the airline and recommended that the FAA create post-employment guidance that includes a “cooling-off” period to prohibit an air carrier from hiring an aviation safety inspector who previously inspected that air carrier.
Respirator Notices
JFY Respirators
At the request of Jinfuyu Industrial Co., Ltd. (JFY), the National Institute for Occupational Safety and Health (NIOSH) has rescinded certificates of approval TC-84A-4096, TC-84A-4097, TC-84A-4098, TC-84A-4099, TC-84A-4104, TC-84A-4105, and TC-84A-4106.
As of August 12, 2011, no JFY or private label version respirator model bearing the NIOSH approval numbers listed above is approved and will no longer be manufactured, assembled, sold, or distributed as a NIOSH approved product.
Sperian CBRN Self-Contained Breathing Apparatus (SCBA)
Sperian has discovered that it is possible for a CBRN second stage regulator to be fully inserted into the Air Klic in the facepiece but still have a slight amount of air leakage around the interface of those two components. This leakage primarily occurs when the second stage hose is pulled forward, causing the second stage to move slightly forward at an angle within the Air Klic, breaking the seal between the Air Klic o-ring and the second stage regulator.
Safety News Links
