Maryland to Finalize Crane Safety Regulations

 The regulation will become a final action on April 6, 2009. The new crane safety requirements will require employers to take immediate action towards ensuring compliance. 

Recognizing the challenges associated with achieving full compliance for some employers, the Commissioner of Labor and Industry is providing a transitional period for enforcement related to the new requirements. MOSH will not issue citations or sanction civil penalties throughout the close of the calendar year (December 31, 2009) for any apparent violations involving the new requirements of the regulation. Notices of apparent violations will be issued to help identify areas requiring compliance action.

The following is a summary of changes to Maryland’s proposed crane safety regulations:

• The revised regulations will have a more narrow scope of construction and demolition only.
• The revised regulations will require a physical examination for crane operators only.
• The revised regulations maintain the requirement that an employer provide the Commissioner of Labor and Industry with forty-eight hours notice for a special lift; however, the regulations will provide an exception if an employer is unable to comply. An employer must provide notice no later than twenty-four hours after the special lift along with a written explanation for the failure to notify within forty-eight hours.
• The revised regulations clarify that the daily inspection report be retained for 1 year, and the annual and maintenance records must be retained for 5 years.
• Finally, the revised regulations clarify that employees must be trained only for the cranes that they operate within the following three categories of cranes: tower crane, mobile crane, and/or derrick. If an employee will only be operating a tower crane, then the employee does not need to be trained in mobile cranes or derricks.

Brian Karnofsky Jailed for Muscular Dystrophy

Brian has been arrested and will be put in jail for the Muscular Dystrophy Association (MDA) lock-up. We need to collect $2,000 for the MDA to help bail him out. Your tax deductible donation will help MDA continue research into the causes and cures for 43 neuromuscular diseases.

If you enjoy reading the Safety Tip of the Week, now is the time to help us give hope to kids and families that need our help. 

Brian is the President of Environmental Resource Center. Many of you helped bail him out in 2007 and 2008, but he’s on his way back to jail this year. Don’t bother asking what crimes he’s committed—just know that we need your help bailing him out.

Hazard Alert on Pneumatic Nail and Staple Gun Safety

Pneumatic fastening tools are powered by compressed air and primarily include staplers and nailers. Unfortunately, injuries associated with nail guns are rapidly increasing. Between 1997 and 2006, the Oregon Department of Consumer and Business Services reported 596 disabling claims attributed to nail guns. U.S. Consumer Product Safety Commission (CPSC) and National Institute of Occupational Safety and Health (NIOSH) data for 2001-2005 indicate that about 37,000 people go to emergency rooms every year with injuries from nail guns.

Because of the dangerous nature of these tools, it is important to know more about them. The facts contained in a new Oregon OSHA Hazard Alert provide basic information, good work practices, and helpful resources to prevent injuries.

General safety guidelines for the safe use of these tools include:

• Review the owner’s manual carefully with all operators.
• Observe each employee demonstrating safe operating procedures.
• Always wear safety glasses.
• Do not touch the trigger unless firing the tool against a work piece.
• Use extreme caution when using an air tool around other workers.
• Never point the tool at anyone. Treat the tool like a firearm and assume it’s loaded.
• Disconnect the air hose before clearing a jam or making adjustments.
• Use manufacturer’s specified pressures for the tool.
• Keep your free hand safely out of the way of the tool.
• Secure the hose when working on scaffolding to prevent the weight of the hose from dragging the tool off the scaffold if you set the tool down.

Sequential mode and bump mode are the two basic trigger mechanisms used in pneumatic nailers and staplers. It is important to understand the differences between the two triggers in order to prevent injuries. To find out whether your nail gun is a sequential trigger or bump trigger model, fire a nail as usual and keep the trigger depressed. Lift the nail gun and carefully press its nose against the work surface again. If the gun fires a second nail, you have a bump trigger model. If the gun does not fire, you have the safer sequential trigger model.

In the sequential mode, also known as a restrictive trigger or operating in the trigger fire mode, you must first press the nail gun firmly against the workpiece and then press the trigger. One nail is fired and you must release the trigger before you can begin the next nailing cycle.

• Advantages: Use this mode for intermittent nailing where you need accurate placement, such as framing, cabinetry, and carpentry tasks. It will reduce the possibility of driving an unwanted nail or staple (double fire) if you accidently bump the safety element against yourself or others. It also reduces the speed of operation compared to the bump trigger mode.
• Cautions: Ricochet accidents can occur if you nail into another nail, the surface is too hard, or the tool is at an angle. Work with a nail gun only from a sturdy and stable surface. Do not press your finger on the trigger unless you’re ready to fire, especially when climbing ladders.

In the bump mode trigger, also known as dualaction, bottom fire, or contact trip, you must press the trigger before you bring the nail gun into contact with the workpiece. Each time you press the nailer against the workpiece, a nail is fired and a nailing cycle begins. You must keep the trigger pulled while moving the tool along the work surface with a bouncing motion, depressing the safety element where you want to drive a nail or staple. By repeatedly “bumping” the nail gun against the workpiece, you can rapidly fire any number of nails.

• Advantages: Use the bump action trigger for high-production jobs. Use for rapid nailing on flat, stationary surfaces such as decking, sheathing, and siding. This mode is very fast and can reduce the risk of musculoskeletal disorders such as trigger finger.
• Cautions: The bump mode is less precise than the sequential mode and can be more dangerous. It can result in driving unwanted nails or staples because of a double fire, rebound, recoil, or leaving your finger on the trigger and bumping yourself or a co-worker.

The American National Standards Institute (ANSI) Standard for Pneumatic Tool Triggers applies to pneumatic tools that have been manufactured after the effective date of May 1, 2003. This revised ANSI SNT-101-2002 Standard, Section 4.1.3 Actuation System Options, reads, “All (pneumatic) tools—other than light-duty tools, heavy-duty staplers, and coil nailers—shall be manufactured with an actuation system meeting the requirements of single sequential actuation, full sequential actuation, selective actuation or automatic reversion actuation.” The new standard for actuation systems exempts heavy-duty staplers and tools that do not require a safety coil.

OSHA to Prevent Workers’ Exposure to Diacetyl, a Food Flavorings Chemical

The withdrawal will facilitate OSHA’s timely development of a standard to protect workers from bronchiolitis obliterans, a serious and potentially fatal lung disease associated with exposure to this substance.

“I am alarmed that workers exposed to food flavorings containing diacetyl may continue to be at risk of developing a potentially fatal lung disease. Exposure to this harmful chemical already has been linked to the deaths of three workers,” said Secretary Solis. “These deaths are preventable, and it is imperative that the Labor Department move quickly to address exposure to food flavorings containing diacetyl and eliminate unnecessary steps without affecting the public’s ability to comment on the rulemaking process.”

Secretary Solis’ interest in this issue began when she was a member of Congress and workers in her former California district developed the irreversible lung disease after being exposed to this workplace hazard. At one time, she urged OSHA to issue an emergency temporary standard to protect these workers.

Withdrawing the ANPRM facilitates the convening of a small business advocacy review panel to determine the impact a proposed rule might have on small businesses and how those impacts can be reduced, consistent with the agency’s statutory requirements. This panel process is required under the Small Business Regulatory Enforcement Fairness Act.

In keeping with President Obama’s guidance to encourage public participation, collaboration and transparency in government, all materials submitted prior to this withdrawal, as well as any other information submitted directly to OSHA after the withdrawal, will be put in the public rulemaking docket and will receive appropriate consideration as a part of the overall rulemaking record.

You may submit comments by mail, hand delivery or courier service to the OSHA Docket Office, Room N-2625, U.S. Department of Labor, 200 Constitution Ave. N.W., Washington, D.C. 20210. Comments that do not exceed 10 pages may be faxed to the Docket Office at 202-693-1648. All submissions should reference Docket Number 2008-0046.

AIHA Releases 2009 ERPG and WEEL Handbook

The American Industrial Hygiene Association (AIHA) announced the release of its latest Emergency Response Planning Guideline (ERPG) and Workplace Environmental Exposure Level (WEE) Handbook. There are 137 ERPGs and 113 WEELs. Recommended values for each series are contained in the handbooks (which are available in a handy booklet format), along with other important information. This format is valuable for quick reference, but the exposure limits should always be used in conjunction with the documentation provided in each full set of ERPGs and WEELs.

The guide is separated into two main sections. In the ERPG section, you will find: background information and user guidance; ERPG value rationale; sample ERPG document; list of ERPG values (approved, balloted, under review, and under consideration); a carcinogenicity model; and list of current ERPG Committee members. In the WEELs section, you will find: background information and user guidance; important definitions (8-hr TWA; short-term TWA; ceiling values; skin notation; unusual work shifts); a sample WEEL document; a list of WEEL values and WEELs under review, including guidelines and special situations; and list of current WEEL Committee members. Also included is an extensive glossary, applicable to both ERPGs and WEELs.

Minnesota Pollution Control Agency Makes Recommendations to Prepare for Possible Flooding

As residents of the Red River Valley in Minnesota, continue flood preparations, homeowners and business owners have been advised to take steps now to prevent hazards associated with heating fuel oil tanks in basements or lower levels.

“Because fuel is lighter than water, floodwater that enters a basement may cause a fuel tank to tip over and float, if the tank is not secured,” said Doug Bellefeuille, emergency responder for the Minnesota Pollution Control Agency (MPCA). “If the tank’s vent, fill pipes or other openings are not watertight, floodwater may enter the tank and force the fuel out, into the home or office. In addition to creating possible fire and environmental hazards, the fuel may be absorbed by porous building materials, such as wood, cinder block, carpet and sheetrock. Once that happens, fuel vapors may persist indefinitely in the building.”

Here are steps that will help prevent spilling or leaking of heating oil from a fuel storage tank in the event of a flood:

• If floodwater is expected to become high enough to cause a tank to shift or float, have a bulk fuel distributor remove the heating oil from the tank before any flooding can occur. Although this will make the tank more buoyant, it will also keep fuel oil from leaking into a home or office if floodwater tips the tank over or enters it through an opening. If possible, secure the tank so it will not turn or tip over should floodwater become deep enough to cause it to float.
• A less desirable alternative is to have the fuel oil tank filled so it will be less likely to float. Secure the tank’s vent, fill pipes or other openings and secure the tank to its saddle or other support so it will not turn or tip over if floodwaters become deep.
• If floodwater enters a home or office but does not directly come into contact with the tank, monitor the situation to make sure the tank’s supports are secure and its stability is not undermined by the water.
• If a tank has leaked, call the Minnesota Duty Officer at 1-800-422-0798 to report the spill and request assistance.

Home and business owners should also remove products that will become hazardous wastes from flood-prone basements or other areas. Move solvents, paints, paint thinners, pesticides, batteries, tires, household cleaners, and other chemicals to a place that will not become flooded.

Also remove canned goods and other foodstuffs where they will be out of harm’s way. Should these be damaged by floodwaters, they would become contaminated and have to be thrown away.

Private wells in flooded areas may become contaminated. Contact the Minnesota Department of Health or your local health department for additional information and assistance.

Construction Fire Safety: Phase by Phase

Chibbaro examines the protection and prevention features of different construction phases, and describes how the fire protection engineer can play a role in efficiently and effectively implementing these features. Many of the same concepts are useful for construction companies, building officials, compliance officers, and fire officials.

Quick Action by OSHA Inspector Helps Avert Employee Injuries in Trench Collapse

 Although the employee worked for a village public works department, the CSHO identified the hazards and the construction employer agreed to voluntarily remove the employee from the unsafe trench. As the employee began exiting the trench, the side wall collapsed and the water main the employee was working on erupted sending approximately 4 feet of water into the trench. Because OSHA had no jurisdiction, a referral was made to the State of Illinois Department of Labor for further investigation. 

OSHA Cites Georgia Contractor for Trenching Safety Violations and Proposes More than $120,000 in Penalties

OSHA has cited McLendon Enterprises Inc. of Vidalia, Georgia with six workplace safety violations and has proposed $124,250 in penalties. The citations come after an OSHA compliance officer observed company employees working in a trench without cave-in protection at a jobsite in Hinesville, Georgia, last September.

OSHA is proposing three willful violations against the company, carrying proposed penalties of $38,500 each, for allowing workers inside an 11-foot-deep trench without safe egress and without cave-in protection. While in the trench, workers were exposed to being struck or engulfed by soil placed too close to the trench and by an excavator that was operating too close to the edge of the trench. The agency defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.

Three serious safety violations with combined proposed fines of $8,750 are for the company’s failure to train a non-English speaking employee in trenching hazards, allowing employees to work in a trench without head protection and allowing an employee to use a cutoff saw without wearing eye protection. A serious citation is issued when there is a substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

“Excavation is recognized as one of the most hazardous construction operations,” said John J. Deifer, OSHA’s area director in Savannah, Georgia. “The significant fines proposed here reflect the fact that this company knew the OSHA rules yet chose not to follow them. It is fortunate in this case that no one was injured.”

The company has 15 business days from receipt of the citations to comply, request an informal conference with OSHA’s area director in Savannah, or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission. The site was inspected by staff from OSHA’s Savannah Area Office.

OSHA Proposes Nearly $110,000 in Fines Against Wyman Gordon Co. for Hazards at Massachusetts Plant

OSHA has cited Wyman Gordon Co. for 29 alleged serious violations of safety standards at its Grafton, Massachusetts, manufacturing plant. The metal forgings manufacturer faces $109,500 in proposed fines following two OSHA inspections conducted between September 2008 and March 2009.

The first inspection, conducted under OSHA’s Site-Specific Targeting program, identified damaged support structures for overhead cranes; damaged support frames for large metal dies; slipping and tripping hazards; unguarded floors and platforms; missing access stairs; a damaged access ladder; non-functioning emergency exit lights; an overloaded fork truck; an overloaded lifting attachment; defective wire rope slings; unguarded machinery; improper storage of compressed gas cylinders, and several electrical safety deficiencies.

OSHA began the second inspection in response to a December 23 accident in which two employees were injured when they were struck by a 700-pound forging that shot up in the air while they were attempting to free it from a malfunctioning die on a power press. OSHA cited Wyman Gordon for not developing procedures to prevent the build-up and release of hazardous energy generated by the press during the servicing.

“Each of these conditions must be addressed promptly, completely and effectively to prevent future accidents and injuries, and help ensure the safety and health of the plant’s employees,” said Mary Hoye, OSHA’s area director for central and western Massachusetts.

Wyman Gordon has 15 business days from receipt of the citations to comply, request an informal conference with the OSHA area director or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission. The inspection was conducted by OSHA’s Springfield Area Office.

OSHA Cites ICL Supresta Inc. for Workplace Safety and Health Hazards

OSHA has cited ICL Supresta Inc. for alleged workplace safety and health violations and has proposed $44,000 in penalties. The industrial chemical company has 126 employees at its Gallipolis Ferry, South Carolina site.

OSHA initiated an investigation on January 7, 2009, after being notified of two chemical releases that occurred on the same day at the facility. As a result of the investigation, OSHA issued citations for seven serious violations with a penalty of $34,000, one repeat violation with a penalty of $10,000, and one other-than-serious violation which carried no penalty.

“We encourage ICL Supresta to take immediate action to eliminate each identified hazard to prevent another release that could have farther-reaching consequences,” said Jeff Funke, director of OSHA’s Charleston Area Office.

The serious violations include the company’s failure to ensure that operating procedures covering safety and health considerations addressed special or unique hazards of the process, to conduct adequate inspections on process equipment, to ensure that proper respiratory protection and PPE were utilized during an emergency response, to adequately train first responders to an incident, to ensure proper fit testing for employees using respiratory protection, and to properly review and critique incident responses.

The repeat violation is due to the company’s failure to complete action items identified during a process hazard analysis. A repeat citation is issued when a substantially similar violation is found at any of an employer’s facilities in federal enforcement states within three years of a previous citation.

The company has 15 business days from receipt of the citations to comply, request an informal conference with the OSHA area director in Charleston or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission. The investigation was conducted by OSHA’s Charleston Area Office.

OSHA Cites Contractor for Cave-in Hazard at Main Street Worksite in Niagara Falls, New York

OSHA has proposed $43,050 in fines against Custom Crews Inc., a Lockport, New York, contractor, for allegedly failing to provide cave-in protection for employees working in an unprotected 5 foot, 8-inch-deep trench located in Niagara Falls, New York.

“These citations highlight one of the most dangerous hazards in construction work,” said Arthur Dube, OSHA’s area director in Buffalo. “An unguarded excavation can collapse in seconds, crushing and burying workers beneath soil and debris before they have a chance to react or escape.”

OSHA issued the company one willful citation with a $42,000 fine for not guarding the trench against a possible collapse of its sidewalls and one serious citation with a $1,050 fine for not having a ladder or other safe means for workers to exit the trench. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health, while a serious citation is issued when death or serious physical harm is likely to result from hazards about which the employer knew or should have known.

“Warmer weather and the thawing of the soil means an increase in excavation work,” said Dube. “Before that happens, I’m calling upon the region’s employers to review their excavation safety procedures to ensure that no employee enters an excavation unless and until it is properly guarded against collapse.”

OSHA standards mandate that all excavations five feet or deeper be guarded against collapse by shoring of their sidewalls, sloping the sidewalls to a shallow angle, or use of a protective trench box.. One means by which an employer can reduce hazards is to establish an effective safety and health management system through which employers and employees work together to identify and eliminate work-related hazards.

Custom Crews has 15 business days from receipt of the citations to comply, request an informal conference with the OSHA area director in Buffalo, or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission. The inspection was conducted by OSHA’s Buffalo Area Office.

Forum Examines Effect of National Emphasis Programs on Small Businesses

There is still time to register for OSHA’s March 24 small business forum examining national emphasis programs and their effect on small businesses. The event is taking place from 10 a.m. to noon in Room C-5320 at the U.S. Labor Department in Washington.

2009 California Agricultural Heat Illness Prevention Training

California’s Department of Industrial Relations (DIR) and its partners in the agriculture community are conducting a series of critical heat illness prevention seminars to train and prepare growers and farm labor contractors (FLCs) for the upcoming summer months. More than 4,000 growers (employing over 100,000 workers) and 1,000 FLCs (employing 300,000 workers) are expected to attend trainings throughout the summer, according to the Nisei Farmers League. Each training program will teach the importance of heat illness prevention and will make sure all attendees understand the potentially fatal consequences of not following the guidance presented in the program.

“Many heat illness injuries are preventable,” said Doug Hoffner, Acting Secretary of the Labor and Workforce Development Agency. “We applaud the members of the agricultural industry in taking a very thorough and assertive approach to implement this safety program and expand it to growers. This has been Governor Schwarzenegger’s vision but it requires the cooperation of all to make the vision a reality.”

The program will encompass the four elements of the heat illness prevention program which include:

• Providing and encouraging workers to drink plenty of cool water
• Ready access to shade
• Full and complete training
• Written procedures documenting compliance efforts

Cal/OSHA enforcement statistics show that employers are cited most often for failing to have written heat illness procedures, followed by failure to train employees and supervisors about the symptoms of heat illness. Enforcement increased 119% in 2008 with a total of $1,691,972 in penalties assessed across California for violations of the heat illness prevention standard, compared to $822,990 in total penalties assessed for the same violations in 2007.

With the complete support of Governor Schwarzenegger, in 2005 California became the first state to develop a safety and health regulation to address heat illness.

Country Fresh Receives State Award for Outstanding Safety & Health Record

The Country Fresh LLC Grand Rapids facility has received an award from the Michigan Occupational Safety and Health Administration (MIOSHA) for an outstanding safety and health record. The MIOSHA program is part of the Michigan Department of Energy, Labor, and Economic Growth (DELEG).

The MIOSHA Consultation Education and Training (CET) Division recognizes the safety and health achievements of Michigan employers and employees through CET Awards, which are based on excellent safety and health performance. The CET Bronze Award recognizes leadership and commitment to workplace safety and health resulting in significant improvement of their MIOSHA record.

The facility has worked with the MIOSHA CET Division over several years, and CET Safety Consultant Micshall Patrick performed a hazard survey onsite, which is a part of the award process. This survey allowed them an opportunity to walk through the facility with a MIOSHA representative and correct any problem areas that were noted.

The Grand Rapids facility has completed the following criteria to receive the Bronze Award:

• Developed and implemented a comprehensive safety and health management system
• Established a safety and health committee, with both employee and management participation
• Developed an employee training system, with an emphasis on how to do the work in a safe and healthful manner
• Worked diligently to change their workplace culture to reflect the importance of worker safety

The North American Industry Classification System (NAICS) code for the Country Fresh Grand Rapids facility is 311511—Fluid Milk Manufacturing. The company has lowered their total case incident rate (TCIR) from 11.2 in 2005, to 5.7 in 2007, which is significantly below the Michigan industry average of 7.3 for 2007.

“Companies that establish an integrated safety and health program reap the benefits of significantly reducing their injury and illness rates,” said O’Neill. “Reducing these rates not only protects employees—it has a healthy impact on a company’s bottom line.”

Country Fresh® has been the favorite dairy brand in Michigan and nearby areas for generations. Country Fresh LLC is part of the Great Lakes Division of Dean Foods, Inc., the nation’s leader in quality dairy products.

Dean Foods Company is one of the leading food and beverage companies in the United States. Its Dairy Group division is the largest processor and distributor of milk and other dairy products in the country, with products sold under more than 50 familiar local and regional brands and a wide array of private labels. They operate more than 100 plants in the United States and employ more than 26,000 people.

More Workplaces Earn OSHA VPP Recognition

OSHA Publishes Information Concerning Summer Hiring of Teens

Some of those resources include:

• Frequently asked questions for small businesses hiring young workers
• Links to information about common hazards teens typically encounter on the job
• Guidance on filing complaints with OSHA
• Training tools from previous Teen Summer Job Safety campaigns
• Video clips of teens demonstrating safe work practices in construction and landscaping

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