The proposal, which is a precursor to formal notice and comment rulemaking, proposes a sweeping rewrite of the PSM standard for oil refineries as well as several new management system elements. California's efforts may drive consideration of similar issues as the federal OSHA considers revisions to its PSM regulations.
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.
EPA’s New Solvent Wipe, Shop Towel Rule Demystified
- Does the rule apply to both cloth and paper wipes and rags?
- What solvents can be on the towels, and which are prohibited?
- Does the rule also apply to towels that contain characteristic hazardous waste?
- Can P or U-listed wastes be on the towels?
- How must the towels be stored on-site?
- Do they need to be tested for anything?
- How long can they be stored?
- How must the containers be marked or labeled?
- How must they be prepared for transportation?
- Where can you ship them and what are the disposal and recycling options?
- What are the documentation requirements?
- How is the new rule impacted by current state regulations?
Los Angeles RCRA and DOT Training
Knoxville RCRA and DOT Training
Mobile RCRA and DOT Training
What Drugs are Hazardous in Healthcare Settings?
In Appendix A of the Alert, NIOSH identified a sample list of major hazardous drugs. The list was compiled from information provided by four institutions that had generated lists of hazardous drugs for their respective institutions, as well as a list from the Pharmaceutical Research and Manufacturers of America (PhRMA). The 2004 list was updated in 2010 and 2012. The 2014 update adds 27 drugs and includes a review of the 2004 list and the consequent removal of 12 drugs that did not meet the NIOSH criteria for hazardous drugs. In addition, a new format has been developed for the list of hazardous drugs, as described below.
The current NIOSH approach identifies three groups of drugs:
- Group 1: Antineoplastic drugs (AHFS Classification 10:00) ]. Many of these drugs may also pose a reproductive risk for susceptible populations.
- Group 2: Non-antineoplastic drugs that meet one or more of the NIOSH criteria for a hazardous drug. Some of these drugs may also pose a reproductive risk for susceptible populations.
- Group 3: Drugs that primarily pose a reproductive risk to men and women who are actively trying to conceive and women who are pregnant or breast feeding, because some of these drugs may be present in breast milk.
OSHA Extends Compliance Date for Crane Operator Certification Requirements
The rule also extends by three years the employer's responsibility to ensure that crane operators are competent to operate a crane safely. The final rule becomes effective November 9, 2014.
During the three-year period, OSHA will address operator qualification requirements for the cranes standards including the role of operator certification. The final cranes and derricks rule required crane operators on construction sites to meet one of four qualification/certification options by November 10, 2014. After publishing the final rule, a number of parties raised concerns about the Standard's requirement to certify operators by type and capacity of crane and questioned whether crane operator certification was sufficient for determining whether an operator could operate their equipment safely on a construction site.
The agency published a Notice of Proposed Rulemaking on February 12, 2014, proposing to extend both the deadline for operator certification and the employer duty to ensure competent crane operation for three years. OSHA analyzed the comments to the NPRM and the hearing testimony and decided to extend both the crane operator certification deadline and the existing employer duty for three years. OSHA has already begun the process of developing a standard to ensure crane operator qualifications.
Public Meeting of Federal Advisory Council on Occupational Safety and Health
The Occupational Safety and Health Administration has scheduled a meeting of the Federal Advisory Council on Occupational Safety and Health (FACOSH) November 6, 2014, in Washington, D.C.
This includes providing advice on how to reduce the number of injuries and illnesses in the federal workforce and how to encourage each federal executive branch department and agency to establish and maintain effective occupational safety and health programs.
The tentative agenda includes updates from FACOSH subcommittees and on recordkeeping rule changes affecting federal agencies, protecting workers from retaliation, and update and future metrics on the Presidential POWER Initiative.
The committee will meet from 1–4:30 p.m., Thursday, November 6 in Rooms N-4437 A-D, US Department of Labor, 200 Constitution Ave., N.W., Washington, DC 20210. The meeting is open to the public.
Massachusetts Bay Electrical Corp. Fined $168,000 after Two Workers Fatally Injured
The deaths of two workers in a crane tip-over April 12, 2014, in Bourne could have been prevented if their employer, Massachusetts Bay Electrical Corp., had set up and operated the crane according to the manufacturer's instructions and trained employees in its proper operation, an inspection by OSHA found.
The employees were working from a raised personnel platform attached to an Elliott 40142 truck-mounted crane. They were working on power lines on the mainland side of the Cape Cod Canal, when the crane overturned and fell more than 150 feet to the ground.
"These deaths were preventable," said Brenda Gordon, OSHA's area director for Boston and southeastern Massachusetts. "The employer did not refer to or use readily available and necessary information that would have allowed this work to be conducted safely. This lapse placed two workers in harm's way and needlessly cost them their lives."
OSHA found that company employees were not properly trained or evaluated on the Elliott 40142 truck-mounted crane prior to use. Supervisors at the job site did not follow procedures for setting up and operating the crane in accordance with the crane's safety manual, even though the manual was in the crane and at the job site. They also did not conduct proper prelift planning and other required tests to ensure that the lift could be done safely.
These conditions resulted in OSHA citing Massachusetts Bay Electrical Corp., for two willful violations of workplace safety standards. 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.
OSHA also cited the company for four serious violations, including not using load charts to determine the crane's minimum boom angle, not using an aerial lift, allowing the crane to operate at greater than 50% of the rated capacity for its configuration, and for failing to conduct a trial lift of the personnel platform prior to use. 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.
Wireless Horizon Tower Collapse Results in Deaths of Two Cell Tower Workers
So far in 2014, 11 workers have lost their lives nationwide in the communication tower industry; and 13 deaths occurred in 2013.
"Two families have lost their loved ones in a preventable tragedy. No one should ever have to endure that loss. Inspecting and ensuring equipment is in good working order is a common-sense safety procedure that stop injuries and fatalities," said Dr. David Michaels, assistant secretary of labor for occupational safety and health. "OSHA expects tower owners and operators, such as Wireless Horizon, to protect their workers on job sites in this hazardous industry by increasing training and implementing all known safety precautions. Our nation's growing need for telecommunications should not cost workers their lives."
The sling failed, causing the gin pole to fall and bring the tower down with it. One of the employees was above the gin pole near the top of the tower, and the second employee was approximately 20 feet below the pole. Both workers fell to the ground during the collapse. As the tower fell, it also struck an adjacent tower, causing it to crumble as well. One of the employees had been with the company two months, while the other employee had only been working there for five months when the incident occurred. OSHA's inspection found that the equipment the company provided the workers was in poor repair. The company did not use proper engineering plans to ensure the workers were protected against this type of collapse.
OSHA's investigation found that Wireless Horizon failed to inspect the wire rope slings prior to use and provide protection to the slings when rigged over sharp objects. These failures resulted in the issuance of two willful violations.
Wireless Horizon also failed to conduct an engineering survey and develop a rigging plan prior to beginning the demolition process. Additionally, the company did not provide the technicians a load chart for the gin pole in use or operator manuals. OSHA issued four serious citations for these violations.
OSHA has proposed penalties of $134,400 for the company, based in St. Peters, Missouri. Wireless Horizon employs approximately 60 workers, including four that were present at the Blaine job site on the date of this fatal incident.
This company has been inspected by OSHA on two previous occasions since 2005, and OSHA issued multiple serious violations both times.
Watco Investments LLC Fined $133,900 for Serious Safety Violations
A worker at Watco Investments, LLC, reported suffering from respiratory inflammation after performing welding work inside a rail car in Omaha.
"Confined spaces can put workers at risk for serious injury and illness. These spaces often have poor air quality and other serious hazards," said Bonita Winingham, OSHA's area director in Omaha. "Employers, such as Watco Companies, have a responsibility to train workers in the unique dangers of confined space entry and to ensure spaces are safe for the work tasks performed."
OSHA initiated the March 27, 2014, inspection after receiving a report of the illness from the Nebraska Department of Labor Workers' Compensation Division.
The inspection found that Watco Companies allowed employees to enter rail cars to perform repair tasks, including welding, without implementing procedures required under OSHA's permit-required confined space regulations. A confined space is one large enough for workers to enter and perform certain jobs, has limited or restricted means for entry or exit and is not designed for continuous occupancy, such as an enclosed rail car.
OSHA found three repeat violations for failure to implement training, procedures and practices for safe entry into these spaces, including the company's failure to evaluate for hazards, and to provide workers with communication devices, or implement measures to prevent unauthorized entry.
OSHA issues repeat violations if an employer was previously cited for the same or a similar violation of any standard, regulation, rule, or order at any other facility in federal enforcement states within the last five years. Watco Companies was previously cited for these violations in 2013 in Texas.
Serious violations were cited for failure to provide administrative and engineering controls to reduce damaging noise exposure, electrical hazards, and lack of atmospheric controls in confined spaces.
OSHA Fines Matalco US $130,200 for Willfully Exposing Workers to Serious Hazards
The inspection at the manufacturing facility that produces aluminum material for use in automotive rims and other parts was initiated following a complaint.
"This company allowed workers to stand on blocks elevated by a forklift, and that's just one visible example of the total disregard for worker safety and health at this plant," said Howard Eberts, OSHA's area director in Cleveland. "By placing Matalco US in our Severe Violator Enforcement Program, OSHA is putting the company on notice that this is unacceptable."
OSHA's March 24, 2014, inspection found one willful violation for insufficient machine guarding on a robot cell that exposed workers to amputation hazards. A second willful violation was cited for failing to remove a crane with broken safety mechanisms from service.
Employees were exposed to a fall hazard of more than 23 feet because the company had not installed guardrails over an open pit, and employees that worked in the pit area were not provided fall protection. Matalco was previously cited at this facility for this same violation in 2012.
OSHA issues repeat violations if an employer was previously cited for the same or a similar violation of any standard, regulation, rule, or order at any facility in federal enforcement states within the last five years.
This was an inappropriate use of the forklifts, and it exposed workers to falls of at least 8 feet. OSHA found that live electric equipment operating at high voltages was not guarded against human contact. These hazards resulted in the issuance of two serious violations.
Georgia Steel Distributor Cited for Exposing Workers to Repeat and Serious Workplace Safety Hazards
Cooksey Iron & Metal Co., doing business as Cooksey Steel Co., was cited by OSHA for 20 safety and health violations following an April 2014 inspection at the company's steel storage and distribution facility on Railroad Street in Midville. Proposed penalties total $68,838.
"There are many safety hazards at this workplace, some of which had been identified in previous inspections and not corrected. It is troubling to see that this employer is not applying lessons learned at one of its facilities to all of its entities," said Robert Vazzi, director of OSHA's Savannah Area Office. "Workers are exposed to easily identifiable and correctable hazards, such as falls and unsafe crane use, which could cause severe injuries and, in some cases, could be fatal."
The repeat citations were issued for the employer's failure to ensure workers inspected overhead cranes daily before use, prevent workers from riding on forklifts, and implement and maintain a hazard communication plan. Cooksey was previously cited for these violations in 2013 at its facility in Tifton.
OSHA issued the serious citations for worker exposure to electrical hazards from improperly grounded wiring; failure to remove damaged forklifts from service; not requiring seatbelt use for forklift operators; and not providing training to forklift operators.
The employer had been inspected previously by OSHA in 2013 at the Tifton facility, which received citations for four safety violations. Citations were issued for unauthorized passengers on forklifts, a missing hazard communication plan, welding hazards, and failure to inspect cranes before use
Fras-le North America Fined $67,500 for Repeat and Serious Safety and Health Violations
Fras-le North America, Inc., has been cited by OSHA for 17 safety and health violations following a March 2014 inspection at the manufacturer's Prattville facility. Proposed penalties total $67,500.
"Our inspection found that employees were exposed to numerous safety and health deficiencies, such as falls, amputations and electrocution hazards, all of which can result in serious injury or death," said Joseph Roesler, OSHA's area director in Mobile. "Employers must take responsibility to protect workers and should be proactive in evaluating and correcting workplace hazards before an OSHA inspection.
Two repeat citations, with $18,000 in penalties, were cited for exposing workers to slip, trip, and fall hazards and for blocking emergency exits. The company was cited for the same violations in 2013 and 2010.
OSHA cited the employer for eight serious violations, with $47,700 in penalties, for failing to protect workers from moving machine parts during servicing or maintenance; not training employees on the skills and knowledge required when conducting machine maintenance and servicing and exposing workers to fall hazards of up to 40 feet by not ensuring employees were using fall protection equipment. Seven additional violations, carrying $1,800 in penalties, include failing to certify OSHA 300 logs prior to posting and not developing a respiratory protection program.
Fras-le is one of the five largest companies in its category and manufactures friction materials for the automotive industry, such as brake linings and pads, clutch discs, and other items for industrial machines and the railway and subway sectors. Its operations extend to more than 90 countries on five continents. There are approximately 160 employees at the Prattville plant.
Oconee Fall Line Technical College Fined $50,000 after Worker Suffers Electrical Injuries
An employee of John McAfee, doing business as McAfee Electric, suffered serious burns and required resuscitation by emergency responders following an incident in Dublin at Oconee Fall Line Technical College, where McAfee Electric was contracted to install emergency light-emitting diode, or LED lighting. The worker was injured while attempting to connect new wiring with existing wiring that was still powered. Following a subsequent inspection, OSHA cited the employer with one willful and one serious safety violation.
"This incident could have been avoided if the employer had followed established OSHA safety guidelines, including providing workers with protective equipment and ensuring workers were not exposed to live wiring," said Robert Vazzi, director of OSHA's Savannah Area Office. "Employers must ensure that live wiring is de-energized prior to work as failure to do so can lead to death or serious injury."
OSHA issued a willful citation for allowing employees to work close to live electrical circuits without personal protective equipment.
The serious citation was issued for failing to provide eye protection to workers that were required to use power tools, such as saws, to cut sheetrock.
Proposed penalties total $51,000.
Roofing Contractor Exposes Workers to Fall Hazards
Roofing contractor Juan M. Garcia Martinez has been cited for four willful safety violations for exposing workers to fall hazards at two separate residential home sites in Tuscola. OSHA has proposed penalties of $48,400 for the recent citations. OSHA cited the company twice in March 2014 for similar violations.
"Martinez has not cooperated with OSHA during previous inspections and continues to fail to fix real hazards at its job sites" said Thomas Bielema, OSHA's area director in Peoria. "Falls remain the leading cause of fatalities in the construction industry, and this company's refusal to protect these workers really is a question of life or death."
On June 9, an OSHA compliance officer observed four employees working without fall protection on a residential roof on Beecher Drive. On June 27, another six workers were observed working without fall protection at a residential home on Carico Street. In both instances, the workers were at heights greater than 9 feet. OSHA standards require that an effective form of fall protection be used when workers perform construction activities above 6 feet from the next lower level.
Martinez was cited for two willful violations at each location for failure to provide fall protection and to develop an accident prevention program at the work sites. Failing to provide required fall protection is one of the most frequently cited OSHA standards. OSHA regulations require the use of a recommended means of fall protection, such as guardrail systems, safety nets, warning-line systems, or personal fall arrest systems.
The page offers fact sheets, posters, and videos that vividly illustrate various fall hazards and appropriate preventive measures.
General Glass International Cited for Electrical and Machine Hazards
General Glass International has been cited by OSHA for 10 serious safety violations, including electrical and machine hazards found at the company's fabrication and design center at 101 Venture Way in Secaucus. Initiated after a complaint, the March 2014 inspection proposed $45,540 in penalties for these violations.
"Unguarded machinery and electrical hazards are among the leading causes of worker injury and death," said Kris Hoffman, director of OSHA's Parsippany Area Office. "General Glass must correct these violations immediately. It is the employer's responsibility to ensure a safe and healthful workplace."
Worker Loses Life after Being Struck-By an Excavator Bucket at Construction Site
Two workers were injured, one fatally, after being struck-by an excavator bucket while installing stormwater drainage in a trench at the intersection of 18th and Grant Streets in Holdrege on July 17, 2014. OSHA cited Van Kirk Sand and Gravel, which operates as Van Kirk Brothers Contracting, for two serious safety violations related to the incident.
OSHA's inspection found that one of the employees sustained puncture wounds from the bucket after it disconnected from the excavator and rolled into the trench from a height of about 4 feet. He died from his injuries later that day. The second employee suffered contusions and abrasions in the incident and has since returned to work.
"No one should lose their life on the job. Tragedies like this are preventable, if companies choose to protect their employees from known hazards," said Bonita Winingham, OSHA's area director in Omaha. "Employers have a responsibility to protect their employees, and Van Kirk Sand fundamentally failed to do that."
The company was cited for failing to train workers in the recognition of unsafe conditions and to teach them how to access emergency medical services from a job site. It took the rescue squad more than 11 minutes to arrive on scene.
OSHA has proposed fines of $14,000 for the two serious violations.
Lawsuit Alleges that North Jackson Specialty Steel Dismissed Employee who Reported Safety Concerns
A lawsuit alleging that North Jackson Specialty Steel terminated a furnace operator for reporting unsafe working conditions at its North Jackson steel mill has been filed by the US Department of Labor. The suit alleges the company violated the whistleblower protection provisions of the Occupational Safety and Health Act of 1970 and seeks restoration of lost pay and benefits, compensatory and punitive damages, and compensation for attorney and other fees.
"North Jackson Specialty Steel fired this employee for reporting unsafe conditions that jeopardized the safety of all workers at the mill," said Nick Walters, regional administrator for OSHA in Chicago. "No American worker should be subjected to dismissal for requesting safe working conditions. The department will do everything in its power to prevent this type of unlawful retaliation."
The department's lawsuit alleges that North Jackson Specialty Steel terminated the furnace operator's employment on June 19, 2012, four days after the employee voiced concerns to management that the company had jeopardized worker safety by intentionally disabling a safety feature that controlled the operating temperature of a furnace.
The employee learned that the safety feature had been disabled after the furnace overheated during production of a metal alloy on June 15. When the incident occurred, the operator instituted emergency shut-down procedures and evacuated employees in the vicinity. The operator reported the situation to a supervisor, who ordered the furnace restarted to save the alloy being produced. Upon restart, the furnace overheated again and broke down. It was only then that the supervisor informed the operator that the safety device controlling operating temperature had been disabled.
During employment with North Jackson Specialty Steel, the employee frequently raised safety concerns to management about the provision and maintenance of personal protective equipment, production of metal alloys, and other processes.
The suit was filed in the US District Court for the Northern District of Ohio, and the department's Regional Office of the Solicitor in Chicago is litigating the case.
Employers are prohibited from retaliating against employees who raise concerns or provide information to their employer or the government under any of these laws.
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