Nanotechnology is transforming many industries, including construction. Nanomaterials are incredibly small—between 1 to 100 nanometers. At this size, materials can take on new properties. Experts are only beginning to understand the possible hazards for workers who handle these materials. At this website, workers can learn more about nanomaterials used in their trade and access additional information, including training and guidance documents.
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.
New Exclusions for Solvent Recycling and Hazardous Secondary Materials
EPA’s new final rule on the definition of solid waste creates new opportunities for waste recycling outside the scope of the full hazardous waste regulations. This rule, which went into effect on July 13, 2015, streamlines the regulatory burden for wastes that are legitimately recycled.
The first of the two exclusions is an exclusion from the definition of solid waste for high-value solvents transferred from one manufacturer to another for the purpose of extending the useful life of the original solvent by keeping the materials in commerce to reproduce a commercial grade of the original solvent product.
The second, and more wide reaching of the two exclusions, is a revision of the existing hazardous secondary material recycling exclusion. This exclusion allows you to recycle, or send off-site for recycling, virtually any hazardous secondary material. Provided you meet the terms of the exclusion, the material will no longer be hazardous waste.
Learn how to take advantage of these exclusions at Environmental Resource Center’s live webcast where you will learn:
- Which of your materials qualify under the new exclusions
- What qualifies as a hazardous secondary material
- Which solvents can be remanufactured, and which cannot
- What is a tolling agreement
- What is legitimate recycling
- Generator storage requirements
- What documentation you must maintain
- Requirements for off-site shipments
- Training and emergency planning requirements
- If it is acceptable for the recycler to be outside the US
Atlanta DOT and IATA Training
Knoxville RCRA and DOT Training
Mobile RCRA and DOT Training
Hazards During Storm Cleanup
Residents—emergency workers, employers and the public—recovering from the impact of Hurricane Joaquin should be aware of the hazards they may encounter and take necessary steps to stay safe, OSHA urges.
"Recovery work should not put you in the hospital emergency room," said Kurt Petermeyer, OSHA's regional administrator in Atlanta. "A range of safety and health hazards exist following storms. You may minimize these dangers with knowledge, safe work practices and personal protective equipment. OSHA wants to make certain that all working men and women, including volunteers, return home at the end of the workday."
Other hazards pertain to demolition activities; debris cleanup; tree trimming; structural, roadway, and bridge repair; hazardous waste operations; and emergency response activities.
In addition, areas affected by flooding have unique cleanup challenges, including dam and levee repair, removal of floodwater from structures, and repairing downed electrical wires in standing water. Workers and residents taking defensive action to protect structures or evacuate severely impacted areas may encounter hazards, such as rapidly rising streams and moving water.
Only workers provided with the proper training, equipment, and experience should conduct cleanup activities.
Protective measures should include the following:
- Evaluating the work area for hazards
- Employing engineering or work practice controls to mitigate hazards
- Using personal protective equipment
- Assuming all power lines are live
- Using portable generators, saws, ladders, vehicles, and other equipment properly
- Heeding safety precautions for traffic work zones
US Forest Service Fined $352,000 for Serious, Repeated Violations at Two Malheur National Forest Ranger Districts
After spending days fighting fires, clearing brush, and performing arduous physical tasks, US Forest Service employees should return to a safe home base after work. Yet repeated inspections of national forests throughout Oregon during the last 10 years have found the opposite, with the Forest Service cited by federal inspectors for widespread safety violations nine out of every 10 visits.
Most recently, OSHA has cited the Forest Service for rampant and repeated workplace safety violations at two different ranger districts in eastern Oregon's Malheur National Forest, a 1.7 million acre woodland in the Blue Mountains.
In its latest inspection, OSHA examined facilities in the Prairie City and Blue Mountain ranger districts during four visits in April 2015. The agency found numerous fall, electrical, compressed gas storage, and other safety issues. Although federal agencies cannot assess fines against government organizations, the Forest Service's violations would have resulted in approximately $352,000 in penalties for a private sector employer.
Specific violations include the following:
- Circuit breakers missing blanks or breakers
- Electrical junction boxes and outlets without covers
- Failure to require employees to wear eye protection when working with caustic chemicals
- Ladder flaws that could lead to fall hazards
- Woodworking machines without devices to prevent restarting after power failures
- Unacceptable guardrails that could cause dangerous falls
- Unguarded terminals for welding leads
- Failure to inspect fire extinguishers monthly
- Seasonal housing with insufficient secondary fire exits
- Inadequate employee hazard identification training
OSHA inspectors have found violations in almost 90% of previous Forest Service inspections of Oregon national forests since September 2010, many of which were recurring or similar violations.
"Like the private sector, these dedicated federal workers deserve a safe and healthy workplace," said Ken Atha, OSHA regional administrator in Seattle. "The Forest Service must ensure its workplace and housing are free from safety hazards."
An agency of the US Department of Agriculture, the US Forest Service manages and protects 154 national forests and 20 grasslands in 44 states and Puerto Rico.
Harco Construction and Sky Materials Corp. Fined $280,000 after Worker Fatality
Carlos Moncayo, a 22-year-old laborer from Queens, was trying to make a living as he worked on the construction of a Restoration Hardware store at 19 Ninth Ave. in Manhattan on April 6, 2015. Instead, his life ended that day when the 14-foot-deep trench in which he was working collapsed and buried him beneath tons of soil and debris.
OSHA issued each employer two citations for willful violations of workplace safety standards on October 5. Proposed fines total $280,000—$140,000 for each company—the maximum allowable fines under the Occupational Safety and Health Act.
"Carlos Moncayo was a person, not a statistic. His death was completely avoidable. Had the trench been guarded properly against collapse, he would not have died in the cave-in," said Kay Gee, OSHA's area director in Manhattan. "Managers from Harco and Sky Materials were aware of these deadly hazards and did not remove employees from the trench, even after warnings from project safety officials. This unconscionable behavior needlessly and shamefully cost a man his life."
"Eighteen New York City construction workers have died on the job this year. That is an unacceptable toll," said Robert Kulick, OSHA's regional administrator in New York. "Construction work hazards are well-known, and so are safeguards to prevent deaths and injuries. Employers must provide a workplace that allows employees to return home safely at the end of each workday."
OSHA has worked in cooperation with the New York City Department of Investigations, the New York City Department of Buildings, the New York Police Department and the Manhattan District Attorney's Office on the investigation.
Mark Mashuda Excavating Inc. Fined $147,000 for Exposing Workers to Trench Hazards
OSHA initiated an inspection on March 31 after being notified of a trench collapse where an employee was rescued after being buried by a collapsing trench wall. Inspectors cited the company because it was installing a sanitary sewer line in an excavation approximately 13 feet deep with inadequate or no protective system in place. Although an eight-foot high trench box was in place in the sewer main trench, it did not adequately protect the 13-foot deep trench. Additional trench boxes were on-site, but were not in use at the time of the incident. The company was also cited because employees were working outside of the trench box and the walls of the excavation were not benched or sloped.
Proposed penalties total $147,000.
“This trench collapse should have never happened. It is completely inexcusable for an excavation contractor not to provide cave in protection for all employees working in trenches,” said Christopher Robinson, director of OSHA’s Pittsburgh Area Office. “OSHA will not tolerate employers not meeting their legal responsibility.”
Judge Affirms OSHA Citations Against Alabama Auto Parts Supplier
On September 29, 2015, Occupational Safety and Health Review Commission Judge John B. Gatto affirmed seven citations against Matsu Alabama, resulting in a total of $103,000 in penalties. Matsu Alabama, Inc., doing business as a division of Matcor Automotive, Inc., is a manufacturer and supplier of automotive parts to various companies, including General Motors, Chrysler, Honda, Toyota, and Nissan.
At the time, Matsu Alabama utilized Surge Staffing, LLC, as an on-site temporary staffing service. OSHA did not issue citations to the staffing agency.
Six violations designated as serious include failing to:
- Guard the point of operation on a mechanical power press, which led to the amputation
- Conduct power press inspections to ensure safety devices and auxiliary equipment were effective and operating properly
- Provide training and instruction on safely operating the mechanical power press
- Reduce compressed air for cleaning to less than 30 pounds per square inch
- Prevent press operators from changing the press mode without supervision
One other-than-serious citation was also issued for failing to record an amputation incident and the resulting lost time on the OSHA 300 log within seven days. Matsu contested OSHA's citations and an OSHRC hearing was scheduled.
On September 29, 2015, Judge Gatto ordered that the serious violation involving "failure to prevent press operators from changing the press mode without supervision" be deleted. The judge affirmed the remaining citations and determined to increase the repeat violation to the maximum penalty of $70,000.
"Matsu Alabama failed in its responsibility to protect employees, including those who are temporary, by not providing proper machine guarding or operational training for a worker. The worker was primarily assigned to perform janitorial duties and had no experience operating a mechanical power press," said Kurt Petermeyer, OSHA's regional administrator in Atlanta. "Unfortunately, the employer's failure in following OSHA's standards has permanently disabled a worker when this incident could have been prevented."
Sandpoint Gas N Go & Lube Center to Pay $100,000 After Retaliating Against Employee Voicing Safety Concerns
An employee will receive $100,000 in punitive damages from the owner of a Sandpoint, Idaho, oil change facility who fired the worker for reporting safety violations, disregarding the whistleblower provision of the Occupational Safety and Health Act.
A federal judge upheld the findings on September 29 of an investigation by OSHA. Judge B. Lynn Winmill of the US District Court for the District of Idaho cited Sydney Oskoui, owner of Sandpoint Gas N Go Lube Center, Inc., for his “reprehensible” conduct. Calling it a clear case of intentional retaliation, Winmill also ordered Oskoui and his company to pay $979 in damages and interest to compensate the employee for his lost wages.
“The court got this one right,” said Regional Solicitor Janet Herold. ”By awarding punitive damages, the court sent a message that retaliation against workers who report safety violations will not be tolerated.”
The court also issued a permanent injunction barring Oskoui and his business from retaliating against employees who report safety problems in the future, told him to post a copy of the order at the business, and to notify employees on how to contact OSHA if he violates the injunction.
. The department determined in September 2014 that Oskoui had wrongfully fired the worker for filing a safety complaint with the agency’s Boise Area Office.
“Employees at all businesses—large and small—need to know that if they report violations to OSHA and believe they have been retaliated against as a result, we will investigate their claims to protect them,” said Ken Atha, regional administrator for OSHA in Seattle.
OSHA enforces the whistleblower provisions of more than 21 statutes protecting employees who report violations of various commercial motor carrier, airline, nuclear, pipeline, environmental, public transportation agency, consumer product, motor vehicle safety, railroad, maritime, health care reform, food safety, securities, and financial reform laws.
Pennsylvania Construction Companies Expose Workers to Fall Hazards
Arthur Funk & Sons, Inc., a commercial and institutional building construction contractor located at 1405 Birch Road, Lebanon, Pennsylvania, and Weaver Construction and Roofing, Inc., a roofing contractor located at 4873 Division Highway, East Earl, Pennsylvania, where inspected by OSHA. The inspected worksite was located at 844 Tuck Street, Lebanon, Pennsylvania, where construction of a new cancer center for Good Samaritan Hospital is underway. Funk was the general contractor and Weaver was a subcontractor to Funk.
On July 30, 2015, an OSHA compliance officer observed employees of both companies working without fall protection and exposed to a 13-foot fall, prompting the investigation.
OSHA issued willful citations to both employers for an unprotected fall hazard of 10 to 13 feet. Additionally, Weaver was cited for two serious citations for scaffolding hazards.
Proposed penalties:
“Arthur Funk was recently cited for fall hazards at this same worksite, and Weaver Construction was cited for fall protection hazards three years ago. These companies are fully aware that fall protection is critical to saving lives, yet they continue to expose their employees to hazards that can lead to serious injury or death,” said Kevin Kilp, OSHA's area director in Harrisburg. “Falls can be prevented and lives can be saved by planning ahead to get the job done safely, providing the right equipment, and training everyone to use the equipment safely.”
J&M Metro General Contracting Corp. Fails to Provide Lifesaving Protections
Vidal Sanchez fell to his death at a Brooklyn work site on April 1, 2015. It should not have happened.
The 51-year-old laborer, who worked for Brooklyn-based J&M Metro General Contracting Corp., fell while raking freshly poured concrete at the unprotected 6th floor edge of a building under construction at 360 Neptune Ave. in Brighton Beach.
An inspection by OSHA found that Sanchez and his co-workers were not provided required fall protection equipment, such as harnesses and lifelines, and their employer had not trained them on how to minimize fall hazards.
“Mr. Sanchez’s death could have been prevented by J&M Metro General Contracting,” said Kay Gee, OSHA’s area director for Brooklyn, Manhattan and Queens. “This employer knew fall protection was required, but did not supply lifesaving equipment that would have prevented this fall.”
OSHA’s inspection identified other fall-related hazards, including missing stairway guardrails, a defective extension ladder, unprotected floor holes, and construction debris in stairways and work areas.
“Too many construction workers die needlessly in falls each year. This includes nine such employees in New York City this year,” said Robert Kulick, OSHA’s regional administrator in New York. “We remind employers that these are people, not numbers. Employers must use appropriate and effective required fall protection measures at all times.”
Bancroft Bags Inc. Fined $84,000 for Exposing Workers to Amputations
OSHA initiated the April 2015 inspection after receiving notification from the employer that a printing press operator, who was trying to remove a gear from its shaft, had his hand pulled into the gears and his index finger amputated.
Proposed penalties total $84,000.
"The cost of implementing safety procedures is so low, and the cost of ignoring them is so high. If Bancroft had implemented procedures to keep the press from starting up, this man would still have all 10 fingers. Instead he's suffered an injury that will affect him the rest of his life. This was a preventable injury and it's incumbent upon the employer to find and fix hazards that pose a threat to the safety and health of its workers," said Dorinda Folse, OSHA's area director in Baton Rouge.
Ambrosia Fragrance LLC Fined $67,200 for Safety Violations
Citations were also issued for fire hazards and obstructed exits.
Proposed penalties total $67,200.
"Machines that start up suddenly can seriously injure workers, or even kill them," said Patricia Jones, director of OSHA's Avenel Area Office. "These dangers are preventable, and the solution starts with training and implementing safe processes. Fixing these hazards isn't just the law—it's a vital step toward protecting workers' lives and limbs, and it's a step that Ambrosia Fragrance needs to take."
Falling Boxes of Patio Furniture Lead to Hospitalization of Big Lots Employee
An assistant manager at a Big Lots Store in Danvers, Massachusetts, was hospitalized after boxes of patio furniture and other stock, weighing up to 53 lb each, fell and struck him in the store’s rear stockroom.
OSHA found that numerous boxes of stock were stacked high and in an unstable condition throughout the storeroom. In addition, the storeroom’s aisles were clogged by boxes of stock, broken wooden pallets, plastic wrap, packing materials, and pieces of cardboard. These conditions exposed employees to fractures, broken bones, concussion, sprains, and other injuries as well as to being trapped or unable to exit the storeroom swiftly in the event of a fire.
It had cited the company in 2014 for similar hazards at its West Babylon, New York, and Warner Robins, Georgia, locations.
Proposed penalties total $66,000.
“Every workplace-including a retail store-has potential hazards. Unsafely stacked stock resulted in serious and avoidable injuries for this Big Lots employee. For the safety and well-being of all its employees, Big Lots must promptly and effectively address these hazards at all its locations to prevent future injuries,” said Anthony Covello, OSHA’s acting area director in Andover.
Apache Mills Inc. Fined $51,000 After Worker's Hand Injected with Fluid During Machine Maintenance
A 42-year-old maintenance technician had his left hand injected with fluid from a leaking hydraulic line on a press as he performed maintenance on the machine at Apache Mills, Inc. The incident caused the employee's hospitalization and required a surgical shunt to drain fluid and reduce swelling.
Proposed penalties total $51,000.
"An employee had his hand punctured needlessly at Apache Mills, so its management must ensure an improved culture of safety," said Christi Griffin, director of the OSHA Atlanta-West Area Office. "Exposing employees to hazards puts them at risk of serious physical harm or death."
- Inadequate worker training on safe electrical practices
- Not ensuring proper guarding of machinery, such as rotating shafts, conveyor belts, and rollers
- Exposing workers to falls from conveyors
Apache Mills, Inc., manufactures commercial and domestic floor mats globally. The business employs more than 460 workers at its Calhoun headquarters and manufacturing facility.
Worker Killed in Explosion at TIMET Manufacturing Plant
A 27-year-old furnace worker was killed in an explosion when a boiler lid 20 feet in diameter flew off inside the TIMET titanium manufacturing plant on 900 Hemlock Road in Morgantown. The lid struck Jacob Lopez and injured three other employees in the March 27, 2015, incident.
Subsequently, OSHA investigated the plant on March 28, 2015. The agency determined that the electron beam furnace was not equipped with the proper vacuum/pressure gauge to detect and prevent the buildup of hydrogen gas, which could have prevented the explosion.
"TIMET's electron beam furnace system had a history of problems, including an incident that occurred about a month prior to the fatal March explosion that significantly damaged the equipment," said Kevin Kilp, director of OSHA's Harrisburg Area Office. "The employer clearly knew the potential for serious harm existed, but chose to do nothing. This resulted in damage to the facility and, tragically, the death of Jacob Lopez."
OSHA cited TIMET for serious violations, which included unguarded machinery, unmaintained exit routes, and electrical hazards. The other-than-serious citation was due to an obstructed exit sign.
Proposed penalties total $42,000.
Titanium Metals Corp., does business as TIMET. The company produces mill and melted titanium products at facilities in the US and Europe, and supplies nearly one-fifth of the world's titanium.
Safety Mechanisms Would Have Prevented Worker's Death at Endicott Clay Products
The worker was crushed by a brick-setting machine when it operated as he was retrieving bricks that had been drying in the kiln.
"This was a sad and preventable incident. Machine safety guards would have prevented this worker's death," said Jeff Funke, OSHA's area director in Omaha. "Employers must protect their workers from operating parts of machinery by installing and maintaining safety mechanisms that prevent them from coming in contact with operating parts of machinery."
Proposed penalties total $15,300.
Tri-State Roofing and Sheet Metal Co. Penalized After Worker Hospitalized for Heat-Related Illness
OSHA determined that on September 11, a Tri-State worker was hospitalized after being exposed to excessive heat while working outdoors in direct sunlight for approximately five hours. The company was removing tile roofing from Building 3 at the State Capitol Complex. The peak heat index that day was 90 degrees Fahrenheit.
Proposed penalties total $6,552.
"When the heat index is high, it is critical for employers to acclimatize workers so they gradually adjust to working in hot temperatures. This company failed to do that," said Prentice Cline, OSHA's area director in Charleston. "Providing water, rest and shade are three actions that are equally important and must be implemented to save workers' lives."
Additionally, a web page provides information and resources on heat illness-including how to prevent it and what to do in an emergency-for workers and employers.
Henningsen Cold Storage Co. Earns Safety Recognition
Oregon OSHA has announced that two facilities of Henningsen Cold Storage Co., have graduated from the Safety and Health Achievement Recognition Program (SHARP).
SHARP provides an incentive for Oregon employers to work with their employees to find and correct hazards, develop and implement effective safety and health programs, and continuously improve. The ultimate goal of SHARP is to encourage employers to become self-sufficient in managing workplace safety and health issues.
The two facilities are Portland West (Sacramento Street) and Portland East (San Rafael Street). Portland West has 16 employees, while Portland East has 45. Established in 1923, Henningsen Cold Storage is a full-service, temperature-controlled supply chain company offering more than 53 million cubic feet of frozen and refrigerated warehousing space, with locations in Oregon and five other states.
"The SHARP program has allowed Henningsen Cold Storage Co., to utilize all of the best practices available through the proactive partnership with Oregon OSHA," said Henningsen Cold Storage Co., General Manager James Denmark. "We partner with Oregon OSHA and the SHARP program to exceed our industry standards for safety with the expectation that our associates and visitors go home to their families, in good health, every day."
Oregon employers that have been in business for more than one year are eligible to apply for SHARP regardless of size or type of business, although the program is primarily designed to help small and mid-size businesses.
There are 30 Oregon employer locations that are recognized as current SHARP participants, in addition to approximately 142 facilities that have graduated from the program.
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