The Mine Safety and Health Administration (MSHA) has launched its annual Winter Alert campaign to call attention to the numerous hazards colder weather typically brings to mining operations around the nation. Statistics show that coal mine explosions occur most often during the colder months, October through March.
Low humidity and low barometric pressures, combined with seasonal drying of many areas in underground coal mines, have been major factors in past mine explosions. Colder weather brings other potential hazards, such as limited visibility, icy haulage roads and walkways, and the freezing and thawing of highwalls at surface mines, which can make them unstable.
This winter, MSHA encourages miners and mine operators to understand that prevention is the key to a safe workplace by specifying the actions that can prevent serious accidents. MSHA is asking mine operators to ensure that snow and ice in travelways are removed, apply salt and sand where needed, and frequently examine highwalls for stability.
In underground coal mines, mine operators should make certain that there is adequate ventilation, apply liberal amounts of rock dust, conduct frequent and thorough examinations, and be familiar with emergency procedures that prevent ignitions and explosions.
During regular inspections, MSHA will distribute posters, hardhat stickers, and pocket cards with the “Prevention is the Key to a Safe Workplace” theme to miners and mine operators throughout the coal industry.
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Mining Fatality, Injury Rates Fell to Historic Low in 2011
The fatal injury rate for mining as a whole was .0114 per 200,000 hours worked, and the all-injury rate was 2.73 per 200,000 hours worked, down from .0234 and 2.81, respectively, in 2010. In the metal/nonmetal mining sector, the fatal injury rate was .0084 per 200,000 hours worked, and the all-injury rate was 2.28 per 200,000 hours worked, down from .0129 and 2.37, respectively, in 2010. In the coal mining sector, the fatal injury rate was .0156 per 200,000 hours worked, and the all-injury rate was 3.38 per 200,000 hours worked, down from .0384 and 3.43, respectively, in 2010.
MSHA also released a third-quarter summary of mining deaths across the country. From July through September 2012, 11 deaths occurred in work-related accidents—six in coal mining and five in metal/nonmetal mining.
Of the six coal mining deaths, one miner was killed as a result of a machinery accident; two miners were fatally injured as a result of fall of rib, roof, face, or back accidents; and three miners were killed in powered haulage accidents. Of the five metal/nonmetal mining deaths, two miners died as a result of falls, one miner died in a machinery accident, one miner lost his life due to falling material, and one miner was killed in a powered haulage accident.
Marglen Industries Cited Following Amputation of Worker’s Fingers
Marglen Industries Inc., has been cited by OSHA for one willful and one serious safety violation after a worker had four fingers amputated while servicing a dust collector’s airlock system at the company’s facility in Rome, Georgia. OSHA initiated an inspection in response to the incident under the agency’s National Emphasis Program on Amputations.
The willful violation involves allowing employees to perform service and maintenance on the dust collector’s airlock system without developing, documenting, and using a specific lockout/tagout procedure for de-energizing the system. 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 violation involves failing to train workers as required by the company’s lockout/tagout program to ensure that they are able to recognize hazardous energy sources, the type and magnitude of the energy available in the workplace, and the methods necessary for isolating energy. 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.
Marglen Industries recycles plastic bottles into carpet or food-grade packaging. Proposed penalties total $69,300.
OSHA Cites Auto Parts Supplier TFO Tech for Exposing Workers to Amputation Hazards
OSHA has cited TFO Tech Co., Ltd, with 13 safety violations at the company’s auto parts manufacturing facility in Jeffersonville, Ohio. The violations include a lack of machine guarding and allowing workers to perform maintenance on machinery without first isolating the equipment’s energy source. OSHA opened an inspection in July under the agency’s National Emphasis Program on Amputations after receiving a complaint alleging hazards. Proposed fines total $51,000.
Twelve serious violations involve a lack of guarding for the points of operation on automated mechanical forging presses, not having machine-specific lockout/tagout procedures, a damaged metal guard on a conveyor, inadequate strain relief and insulation for electrical cords, a lack of periodic inspections, unguarded floor openings, failing to train workers, and failing to lock out the energy sources of machinery during servicing and maintenance.
One other-than-serious violation is failing to evaluate forklift operator performance at least once every three years. 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 is OSHA’s sixth inspection of the company; the last inspection was conducted in June 2003 and resulted in a citation for a serious violation involving a lack of machine guarding.
TFO Tech is based in Toyko, Japan, and employs about 140 workers at its Ohio facility.
Trucking Company Settles Whistleblower Case
The Department of Labor has settled its whistleblower case against Brush Creek, Tennessee-based trucking company Mark Alvis Inc., owner Mark Alvis, and dispatcher Jack Taylor for terminating an employee who refused to operate a vehicle because he was ill, fatigued, and did not have sufficient remaining hours to complete a delivery.
An investigation by OSHA found sufficient evidence that the termination violated the Surface Transportation Assistance Act (STAA). Consequently, OSHA issued a preliminary order on May 1 requiring that the employee be reinstated, and this settlement, approved on September 25, resolves the agency’s order. The settlement terms include reinstatement, a lump sum payment of $30,000 to the employee, and assurances that no employee exercising rights protected by the STAA will be discharged or face any manner of discrimination.
On May 4, 2010, the employee was assigned to deliver a truck of milk to a supermarket in Murfreesboro. While preparing for the drive, he slipped and was hurt but thought the pain would go away. The next day, the employee proceeded with the delivery as planned, and upon arriving in Murfreesboro, was instructed to perform another delivery. The employee informed the dispatcher of feeling ill and fatigued, and also of not having sufficient allowable service hours remaining to make the drive according to federal regulations. The employee then returned to the company’s site in Brush Creek, where he was told to remove his belongings from his truck. The company asserted to OSHA that the employee quit upon removing his belongings.
Symmetry Turf Installations Cited for Worker’s Heat-Related Death
OSHA has cited Symmetry Turf Installations LLC, of Mount Pleasant, Texas, with two serious safety violations for failing to protect employees working in excessive heat. OSHA conducted an inspection after a forklift operator died of complications from heat stroke that occurred in June while resurfacing the football practice field at the University of Arkansas in Fayetteville.
OSHA cited the employer under the agency's general duty clause for failing to train workers to recognize the signs and symptoms of heat illness as well as on precautions to take when employees are working under such conditions.
Symmetry Turf Installations employs about 14 workers. Proposed fines total $5,040.
OSHA Obtains Back Wages and Corrective Action for Workers Fired for Filing OSHA Complaints
The U.S. Department of Labor has obtained consent judgments requiring two Connecticut employers to pay back wages and take corrective action on behalf of two workers who the department claims were fired in retaliation for filing complaints alleging unsafe or unhealthful conditions with the department's Occupational Safety and Health Administration.
The department's regional Office of the Solicitor simultaneously filed complaints and consent judgments in the U.S. District Court for the District of Connecticut on behalf of a former employee of Parker Medical, an East Bridgewater manufacturer of X-ray devices, and an employee of Scott Bialik, a Brookfield dentist.
On Feb. 17, 2009, the Parker Medical employee filed a complaint with OSHA's Hartford Area Office, which began an inspection on Feb. 19, 2009. Parker Medical discharged the employee the next day. On Jan. 16, 2011, the employee of Bialik's practice filed a complaint with OSHA's Bridgeport Area Office, which contacted Bialik on Jan. 18, 2011. The employee was discharged on Jan. 20, 2011. Both workers filed whistleblower complaints with OSHA following their discharges, and subsequent OSHA investigations found evidence to verify their claims of retaliation.
"Employers must understand that their employees have a legal right to raise workplace safety and health concerns and to file a complaint with OSHA without fear of retaliation or discrimination. Such actions are prohibited under the law," said Michael Felsen, the Labor Department's regional solicitor for New England. "When the department's investigations find merit to workers' complaints of retaliation, we will take all appropriate legal action on behalf of those workers."
The judgments permanently prohibit both employers from discriminating against, restraining or coercing any employee who files a complaint with OSHA, cooperates with an OSHA investigation or exercises any other rights guaranteed under the Occupational Safety and Health Act. Parker Medical has agreed to pay the discharged employee $12,000 in back wages and interest, display the OSHA poster with information about whistleblower rights – in English and Spanish – in its workplace, expunge the employee's personnel record of all references to the situation and provide a neutral job reference. Bialik has agreed to pay his former employee $24,630 in back wages and interest as well as $5,000 in emotional distress damages, display the OSHA poster with information about whistleblower rights – in English and Spanish -- in his workplace, expunge the employee's personnel record and provide a neutral job reference.
"Workers deserve a voice in the workplace. If they are afraid to inform their employers about safety and health issues in their workplaces, their silence masks conditions that could ultimately injure or sicken them and others," said Marthe Kent, OSHA's New England regional administrator.
OSHA enforces the whistleblower provisions of the OSH Act and 21 other statutes protecting employees who report violations of various airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health care reform, nuclear, pipeline, public transportation agency, maritime and securities laws.
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