“We can help save lives and prevent crashes on our roads by providing drivers and companies with educational tools, like those contained in the North American Fatigue Management Program website,” said Administrator Ferro. “This is another supportive resource truck and bus drivers can utilize in addition to complying with our hours-of-service rules.”
“The launch of the program is very good news,” said Minister Raitt. “The collaborative work that has been done with partners will assist motor carriers and drivers in managing fatigue, and promote safety by reducing fatigue-related crashes.”
It provides:
- Information on how to develop a corporate culture that facilitates reduced driver fatigue
- Fatigue management education for drivers, drivers’ families, carrier executives and managers, shippers/receivers and dispatchers
- Information on sleep disorders, screening, and treatment
- Driver and trip scheduling information
- Information on Fatigue Management Technologies
The program was developed by multiple partners, including the Federal Motor Carrier Safety Administration, Transport Canada, Alberta Employment and Immigration, Alberta Transportation, Alberta Worker’s Compensation Board, Alberta Motor Transport Association, Commission de la sant? et de la s?curit? du travail du Qu?bec, Soci?t? de l’assurance automobile du Qu?bec, and the American Transportation Research Institute.
The NAFMP fatigue management tool does not replace or override the FMCSA or TC’s regulations on hours-of-service. FMCSA and TC-regulated commercial motor carriers and drivers continue to have a duty to know and comply with the respective FMCSA or TC hours-of-service regulations.
GHS OSHA Hazard Communication Training PowerPoint Now Available
With OSHA’s adoption of the Globally Harmonized System (GHS) for the classification and labeling of hazardous chemicals, virtually every chemical label, MSDS—now called Safety Data Sheet (SDS), and written hazard communication plan must be revised to meet the new standard.
By December 1, 2013, all employees at your site that work with, or are exposed to, hazardous chemicals must be trained to understand the new classification system, labels, warning statements, precautions, pictograms, and safety data sheets for chemicals at your worksite.
Environmental Resource Center is making available a PDF presentation or a customizable PowerPoint that you can use for on-site worker training. The training program, which covers all of OSHA’s required GHS Hazard Communication training requirements in a format that is easy to understand.
Pricing and options:
Options:
1. Customized PowerPoint: send us your written GHS hazard communication plan and 10–20 safety data sheets. We’ll create a custom training program for your site: $899
2. If you have not updated your hazard communication plan, let Environmental Resource Center update it for you: $799
3. Customized PowerPoint and hazard communication plan: $1600.
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 SDSs.
Outreach Campaign to Protect Health Care Workers from Hazards Causing Musculoskeletal Disorders
OSHA recently announced a campaign to raise awareness about the hazards likely to cause musculoskeletal disorders among health care workers responsible for patient care. These disorders include sprains, strains, soft tissue, and back injuries.
"The best control for MSDs is an effective prevention program," said MaryAnn Garrahan, OSHA regional administrator in Philadelphia. "Our goal is to assist nursing homes and long-term care facilities in promoting effective processes to prevent injuries."
As part of the campaign, OSHA is providing 2,500 employers, unions and associations in the health care industry in Delaware, Pennsylvania, West Virginia, and the District of Columbia with information about methods used to control hazards, such as lifting excessive weight during patient transfers and handling. OSHA is also providing information about how employers can include a zero-lift program, which minimizes direct patient lifting by using specialized lifting equipment and transfer tools.
In 2010, there were 40,030 occupational MSD cases in private industry nationwide where the source of injury or illness was a health care patient or resident of a health care facility. For MSD cases involving patient handling, 99% were the result of overexertion, resulting in sprain, strain, or tear injuries. Nursing aides, orderlies, and attendants incurred occupational injuries or illnesses in 49% of the MSD cases involving health care patients. Registered nurses accounted for 17% and home health aides for another six percent.
Greensboro RCRA and DOT Training
Dallas RCRA and DOT Training
Richmond RCRA and DOT Training
New Procedures Speed Approval of Fireworks Transport While Maintaining High Safety Standards
“Our mission is to protect the public from the risks of transporting hazardous materials, including the fireworks that families, friends and neighbors enjoy during the summer months,” said Transportation Secretary Anthony Foxx. “This updated approval process maintains our commitment to safety while helping businesses operate more efficiently—a win-win situation for families and the economy.”
Requirements to become an FCA include meeting technical qualifications and specific criteria to ensure the laboratory’s or other entity’s qualifications, impartiality, and independence. Providing additional avenues for certification will speed up the process and reduce some of the uncertainty related to ordering fireworks and other supply chain issues.
PHMSA’s consumer fireworks approval program had seen increases in applications over the years, resulting in a backlog. After processing the applications, PHMSA conducted an extensive review of the process and identified the FCA option as a way to streamline the approvals process and increase flexibility for the fireworks industry while maintaining the current level of safety.
Last year, more than 19,000 fireworks applications were processed, averaging 200 to 400 applications a week. Approximately 60% of these applications were for consumer fireworks.
The amendment also establishes the criteria for entities to be considered an FCA, as well as the process for applying to become an FCA.
Michigan Extends Deadline for Crane Operator Certifications until November 10, 2017
MIOSHA issued a final standard on the requirements for Part 10, Lifting and Digging Equipment on November 13, 2012. The standard requires crane operators on construction sites to meet one of three qualification/certification options by November 8, 2014. The qualification/certification options were adopted from OSHA’s subpart CC (Cranes and Derricks in Construction). A number of parties have raised concerns to OSHA about the qualification/certification requirements. OSHA is considering addressing these concerns through a later separate rulemaking (). On May 22, 2013, OSHA announced their intent to extend the compliance date so that the qualification/certification requirements do not take effect during potential rulemaking or cause disruption to the construction industry.
MIOSHA would need to promulgate a change in the rule to issue a similar extension of time. However, in recognition of the federal OSHA action, MIOSHA will issue a Notice of Potential Hazard between now and November 10, 2017 for non-compliance with Rule 1008a (9)(a), Part 10 Lifting and Digging Equipment, which establishes November 8, 2014 as the deadline for crane operators to be certified. MIOSHA will continue to enforce all other rules pertaining to operator qualification and certification in Rule 1008a.
OSHA also plans to post a list of frequently asked questions on its Cranes and Derricks in Construction Web page to provide additional clarification and address some comments and concerns raised by stakeholders.
Specialty Metals Processing Fined $131,320 for Failing to Correct Violations
Specialty Metals Processing, Inc., has been cited by OSHA with five violations at its machine tool manufacturing plant in Stow, OH. The violations include three failure-to-abate citations for not administering an effective hearing conservation program and implementing procedures to control hazardous energy. OSHA initiated its follow-up inspection in January. Proposed fines total $131,320.
"Specialty Metals Processing has a responsibility to protect its workers by ensuring they are enrolled in a hearing conservation program. It also must train them concerning energy control procedures to prevent injuries from the unintentional operation of machinery," said Howard Eberts, OSHA's area director in Cleveland. "Employers who are cited for repeat and failure-to-abate citations demonstrate a lack of commitment to worker safety and health."
In February 2012, the company failed to administer a continuing hearing conservation program for workers exposed to noise exceeding the time-weighted average for eight hours. In May 2012, the company failed to develop adequate energy control procedures and conduct periodic inspections to ensure workers followed those procedures correctly. Additionally, the company did not provide OSHA with the required abatement documentation for the three citations.
Two repeat violations were cited for failing to train workers on the purpose and use of energy control procedures and not training them on the general principles of fire extinguisher use upon initial employment and annually thereafter. 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. Similar violations were cited in February 2012.
Texas Manufacturing Plant Cited for Exposing Workers to MDA
OSHA has cited Bayer MaterialScience, LLC, in Baytown with four safety violations, including one willful, and a proposed penalty of $89,000. The company was cited for failing to protect workers from methylenedianiline, or MDA, during the manufacturing of raw materials that go into producing plastics.
MDA is a light-brown crystalline solid with a faint amino odor that is produced commercially by the condensation of aniline and formaldehyde. MDA exposure can occur through skin absorption, inhalation, and ingestion. Short-term overexposure to MDA produces fever, chills, loss of appetite, vomiting and/or jaundice. Long-term overexposure may cause cancer, as well as damage to the liver, kidneys, blood, and spleen.
The inspection, which began in January due to a complaint, was conducted by OSHA's Houston South Area Office. The willful violation was cited for failing to establish regulated areas where workers were subject to dermal exposure to MDA and implement a way to promptly alert workers who had the potential to be directly exposed to MDA when a release occurred. 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.
Three serious violations were cited for failing to implement portions of the employer's written emergency plan when the loss of MDA containment occurred; ensure workers used the appropriate work clothing and equipment to prevent contact with MDA; and institute a program to check for spills of liquid and solid MDA. 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.
"It is the employer's responsibility to find and fix workplace hazards proactively before workers are hurt," said Mark Briggs, OSHA's area director in the Houston South office.
Dental Company Cited for Exposing Workers to Bloodborne Pathogen Hazards
OSHA's February inspection, initiated in response to a complaint, resulted in $61,600 in proposed penalties.
The cited violations include workers' exposure to bloodborne pathogens without an exposure control plan or proper training, workers without proper eye protection when using chemicals to sanitize medical instruments, egress issues, exposure to electrical hazards and the use of inadequate personal protective equipment. Additionally, the company failed to provide workers with Hepatitis B vaccinations within 10 days of employment, have an adequate hazard communication program and training in place, properly label chemicals and maintain material safety data sheets for chemicals used on-site.
"Employers must protect workers who are occupationally exposed to blood or other potentially infectious materials," said Michael Stracka, acting director of OSHA's Baltimore/Washington Area Office. "All medical facilities have a duty to provide a safe and healthful workplace for their employees."
New Confined Space Guide Available from Oregon OSHA
You may have heard that Oregon OSHA is delaying enforcement of the new provisions in its confined space rule until December 1, 2013. The most significant effect of the rule, which was adopted last April, is that it applies to general industry and construction industry workplaces.
The 36-page guide explains the rule's key requirements and highlights its new provisions, which include:
- Listing your permit spaces in your written program, describing why they are permit spaces
- Ensuring that equipment is used in accordance with the manufacturer's instructions and that employees who use the equipment have been trained
- Ensuring that employees who work around permit spaces are trained so that they understand the presence, location, and hazards associated with the spaces, and they are aware of your permit-space program
- Have a signed agreement with another rescue service provider if your employees will not provide rescue services
Pennsylvania Foundry Faces More Than $96,000 in Fines
OSHA has cited Domestic Casting Co., for four alleged repeat and 19 serious safety and health violations found at the company's gray and ductile foundry in Shippensburg. OSHA's January investigation was initiated in response to a complaint and as part of the agency's Regional Emphasis Program for Noise Hazards and National Emphasis Program on Crystalline Silica. Proposed penalties total $96,250.
Carrying a penalty of $26,180, the repeat violations were due to the company's failure to properly guard live electrical parts, chains, sprockets, pulleys, belts and include a standard railing on a platform. OSHA cited similar violations in 2011.
The serious violations, with a $70,070 penalty, include multiple electrical and machine guarding hazards; overexposure and lack of engineering controls relating to silica, sulfur dioxide and iron oxide; doors on abrasive blasting enclosures not flanged and tight; accumulations of dust and shot outside of an abrasive-blasting enclosure; lack of engineering controls and audiograms for workers exposed to occupational noise; and failure to properly follow-up with workers who experienced a Standard Threshold Shift due to changes in occupational noise exposure. Additionally, there were deficiencies in the company's programs addressing respiratory protection, permit-required confined space entry, control of hazardous energy and hazard communications; workers were permitted to eat and drink in an area contaminated by toxic materials; there was a lack of a standard railing on an open-sided floor; and exit doors and paths were not clearly marked.
"By not correcting the cited hazards, this company continues to jeopardize the safety and health of its workers, which will not be tolerated," said Kevin Kilp, director of OSHA's Harrisburg Area Office. "OSHA will hold employers responsible when they fail to protect workers and provide safe and healthful workplaces."
Home Goods Company Fined $82,800 for 22 Serious Safety Violations
OSHA has cited Idea Nuova for 22 alleged violations of workplace safety standards at the company's Manhattan and Brooklyn locations. The company, which provides a variety of home goods for retail sale, faces a total of $82,800 in proposed fines following inspections by OSHA's Manhattan Area Office. Inspections began in April in response to complaints and covered the company's warehouse, sales office and showroom facilities at 302 Fifth Ave. in Manhattan and 80 Richards St. in Brooklyn.
At both locations, OSHA found obstructed exit routes, propped open emergency exit doors to enclosed stairways, blocked access to electrical panels and unmounted fire extinguishers. In the event of a fire, the open exit doors would allow an upward draft of air that could intensify and spread the fire. This could potentially block employees' egress and increase the possibility of employees trapped in a fire without the ability to exit the building.
At the Manhattan location, an emergency exit door was stuck in its frame and needed to be forced open; exit route signs were missing; a restroom lacked hot, running water; access to fire extinguishers were blocked; and employees were not trained to use fire extinguishers. In Brooklyn, aisles were blocked and material was stocked too close to sprinkler heads, floor holes were uncovered, employees were exposed to live electrical parts and powered industrial truck operators did not receive required refresher training.
"Left uncorrected, the conditions found at these workplaces exposes employees to the hazards of fire, electric shock, struck-by injuries and the inability to exit swiftly and safely in the event of a fire or other emergency," said Kay Gee, OSHA's area director for Manhattan, Brooklyn and Queens. "Prompt, effective and ongoing corrective action by this employer is necessary to guard the safety and well-being of its employees."
For these serious conditions, OSHA issued Idea Nuova 19 serious citations, with $81,000 in fines. Three other-than-serious violations, with $1,800 in fines, were issued for record keeping and electrical hazards. 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.
Duane Reade Inc. Faces $71,500 in Fines for Exit Access and Fire Safety Hazards
OSHA has cited Duane Reade, Inc., for exit access and fire safety hazards at its 598 Broadway store in lower Manhattan. Similar conditions were cited during a 2008 OSHA inspection of the drugstore chain's 24 E. 14th St. store.
As a result of the recurring hazards, OSHA has issued the company three repeat citations, with a total of $71,500 in proposed fines.
"Finding hazards at one location is of serious concern; hazards replicated at an employer's other work sites indicates a disturbing pattern," said Kay Gee, OSHA's area director for Manhattan, Brooklyn and Queens. "Duane Reade must take effective steps to identify and eliminate such hazards—not just here, but at all its stores. It's a wise investment in the safety and well-being of company workers that all employers with multiple work sites should undertake."
OSHA's Manhattan Area Office opened its inspection on May 10 in response to a complaint about blocked exits. OSHA found that an emergency exit door, sprinkler system heads and an electrical panel in the store were all blocked or obstructed by piles of boxes and crates of merchandise.
In the event of a fire or other emergency, these blockages would obstruct swift exits, negate the sprinklers' function of extinguishing a fire and increase the potential of an electrical fire if workers could not access the electrical panel to disconnect the power.
Duane Reade, Inc., a subsidiary of the Illinois-based Walgreen Co., operates a chain of 250 pharmacies and convenience stores in the greater New York City area.
Oilfield Solutions Inc. Fined $74,800 for 33 Safety Violations
Oilfield Solutions, Inc., has been cited with 33 safety violations. OSHA has proposed $74,800 in penalties for deficiencies in Oilfield Solutions' process safety management program and for exposing workers to other workplace hazards at its Midland oil field chemical manufacturing plant.
The inspection, which began in January, was initiated under the agency's Process Safety Management Covered Chemical Facilities National Emphasis Program. PSM encompasses a detailed set of requirements and procedures employers must follow to address proactively hazards associated with processes and equipment that use large amounts of hazardous chemicals. In this case, it's the use of formaldehyde and flammable liquids, such as alcohols and toluene.
Nine of the 31 serious violations involve deficiencies in the PSM, including failing to compile process safety information for the safety systems, such as emergency shutdowns; ensure equipment complies with recognized and good engineering practices, such as relief systems; perform a process hazard analysis using methodology appropriate to the complexity of the process; and inspect and test equipment, such as vessels and piping.
The remaining serious violations include failing to develop and implement procedures for the control of hazardous energy, conduct a workplace assessment of required personal protective equipment, provide hazard communication training and provide medical evaluations and conduct respirator fit testing. Other serious violations include failing to use appropriate electrical equipment in areas where flammable vapors could occur, move obstructions from emergency exits and fire extinguishers, provide adequate emergency eyewash and shower stations for workers handling corrosives, remove equipment from walkways and provide railings on platforms.
The two other-than-serious violations include failing to ensure that an OSHA 300A injury-and-illness form was properly certified and certify the training and evaluation of forklift operators.
In April 2013, Oilfield Solutions Inc. was cited with eight serious violations following an inspection of a chemical release at the facility in December 2012. The employer has agreed to settle this previous case and has entered into an informal settlement agreement.
"Process safety management prevents the catastrophic release of toxic, reactive or flammable liquids and gases," said Joann Figueroa, OSHA's area director in El Paso. "By disregarding OSHA's standards, this employer endangered the facility's workers."
OSHA Cites Ford Motor Co. for 8 Serious Safety and Health Violations
OSHA has cited Ford Motor Co., for eight serious violations of OSHA's asbestos and respiratory protection standards at the company's Lakeshore Road plant in Buffalo. Ford faces a total of $41,800 in proposed fines.
"Workers deserve to perform their duties in a safe environment knowing they are protected from unsafe exposure to asbestos and other hazardous materials," said Art Dube, OSHA's area director in Buffalo. "It is the employer's responsibility to ensure that proper and effective safeguards are in place and in use at all times."
In one violation, a pipefitter working on a steam line was exposed to asbestos-containing material in its insulation. In other violations, respiratory protection was not worn by workers exposed to asbestos-containing material, and the work was not conducted within a regulated and properly demarcated area to minimize the number of workers within the area. Additionally, access to the area where asbestos work was conducted was not limited to authorized persons, and the employer did not perform monitoring to determine accurately the airborne concentrations of asbestos to which workers were potentially exposed.
"To prevent incidents like this from occurring, employers should implement and maintain an effective illness and injury prevention program. Employers should aim at working with their employees to identify, address and eliminate hazards before they occur," said Robert Kulick, OSHA's regional administrator in New York.
Pennsylvania Hospital Fined for Failing to Protect Workers from Patient Assaults
OSHA has cited Armstrong Center for Medicine & Health, Inc., doing business as Armstrong County Memorial Hospital in Kittanning, with two violations following a complaint alleging that workers were suffering injuries from patient assaults in the hospital's behavioral health unit.
"Health care professionals are at high risk of facing this type of hazard, so it's vital that health care employers take the precautions necessary to ensure that workers are protected."
One serious violation was cited for hazards associated with the employer's failure to implement programs and procedures to protect workers from injuries resulting from assaults by patients.
The hospital was also cited for one other-than-serious violation, which carries a $1,000 penalty, for failing to record a work-related injury on the OSHA 300 Log.
The citations for the serious and other-than-serious violations carry $8,000 in proposed penalties.
Halliburton Cited after Worker Dies When Struck by Pressure Line
Halliburton has been cited by OSHA for two serious safety violations after a worker was fatally injured January 19 when struck by a high-pressure line while servicing a well on an oilrig in Watford City.
"The company failed in its responsibility to maintain a worksite free from recognized safety hazards, such as struck-by hazards that can occur as the result of high-pressure lines and stored energy," said Eric Brooks, OSHA's area director in Bismarck. "It is tragic when a worker is killed on the job. Employers must take all precautions to prevent such incidents."
Two serious safety violations were cited for failing to secure or restrain high-pressure lines from movement to prevent a struck-by hazard and to control the release of stored energy from a pressure line.
Proposed fines total $14,000. Houston-based Halliburton has been inspected by OSHA 43 times nationwide since 2008. The company, which supplies products and services to the oil industry, operates a regional office in Williston.
OSHA Orders Coit Services of Ohio to Pay $161,228 to Technician Fired after Reporting Unsafe Lead Abatement Practices
Coit Services of Ohio has been ordered to pay $161,228 in back wages, compensatory damages, and interest, plus attorney's fees, to a technician following an investigation OSHA.
An investigation conducted by OSHA found that Coit Services wrongfully terminated an on-location technician for raising safety concerns about lead abatement during a residential water mitigation project in Shaker Heights.
"Professionals, who work in the restoration and cleaning industry, have a right and a responsibility to express their professional opinion and report safety-related concerns," said Nick Walters, regional administrator for OSHA in Chicago. "The department's responsibility is to protect all employees from retaliation for exercising basic worker rights. The CAA and TSCA protect workers who, in turn, protect the public."
OSHA's investigation concluded that the on-location technician, who has a license from the EPA to perform renovation work on homes potentially with lead paint, was terminated in January 2012 for reporting breaches of lead abatement protocol. The breaches occurred when another employee deviated from lead safety practices by using a circular saw improperly to remove a ceiling. Possibly, this spread lead-based paint dust throughout the home.
The agency has ordered Coit Services of Ohio to reinstate the technician to his former position with all pay, benefits and rights, and pay back wages of $82,000, plus interest, compensatory damages of $60,000 and reasonable attorney's fees of $19,228. The CAA and TSCA do not provide for an award of punitive damages.
The company must also remove disciplinary information from the employee's personnel record and provide whistle-blower rights information to its employees.
Any party to these cases can file an appeal with the department's Office of Administrative Law Judges within 30 days of receipt of the findings.
Coit Services of Ohio provides water damage restoration, carpet, tile, and air duct cleaning services to residential and commercial customers.
OSHA enforces the whistle-blower provisions of the CAA and TSCA and 20 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; worker safety; public transportation agency; maritime; and securities laws. Employers are prohibited from retaliating against employees who raise various protected concerns or provide protected information to the employer or to the government.
Trucking Company Ordered to Reinstate Worker for Refusing to Violate Safety Regulations
OSHA has ordered Brillo Motor Transportation, Inc., a commercial motor carrier located in Massachusetts, and its owner to reinstate a former employee and pay him $96,864 in back wages and interest, $9,669 in compensatory damages and $25,000 in punitive damages.
The order follows an OSHA investigation that determined that Brillo and Chuck Cappello, Brillo's owner, violated the employee protection provisions of the Surface Transportation Assistance Act when they terminated a truck driver in December 2010 in retaliation for his refusal to drive hours in excess of those allowed under Federal Motor Carrier Safety Administration regulations. The FMCSA's "60/7" rule states that drivers who are on duty, driving a total of 60 hours in a seven-day period, must have 34 consecutive hours of rest before operating a motor vehicle again. In this case, the driver refused to drive a truck from Quincy to Milford, Massachusetts, because he was already over his allowable driving hours.
"An employer does not have the right to take adverse action against an employee who refuses to violate safety regulations designed to protect him and the public," said Marthe Kent, OSHA's New England regional administrator. "Such employer activity places the well-being of employees and the public at risk if it intimidates workers into violating the law."
OSHA's order also requires Brillo and Cappello to pay reasonable attorney's fees for the complainant, expunge any adverse references relating to the discharge from the complainant's personnel records and post a notice for all employees notifying them of their rights under the STAA. It also prohibits them from retaliating or discriminating against the complainant in any manner for instituting or causing any proceeding under or related to the STAA.
The company or the complainant may file objections or request a hearing before the department's Office of Administrative Law Judges within 30 days of receipt of OSHA's order.
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