. The directive is aimed at eliminating workplace hazards in the industry by addressing updated requirements for personal protective equipment (PPE) and the safe operation of Vertical Tandem Lifts (VTLs).
According to the Bureau of Labor Statistics, seven workers died and more than 2,900 were injured performing marine cargo handling operations in 2010. OSHA is committed to reducing and eliminating these worker injuries, illnesses, and fatalities by conducting focused interventions in the industry.
The revised directive:
- Clarifies PPE that employers must provide at no cost to their workers, when employers must pay for replacement PPE, and when employers are not required to pay for PPE
- Provides information and guidance on VTLs, both on the regulations and the recent court ruling on a challenge by industry to those regulations
- Includes changes to the Marine Terminals and Safety and Health Regulations for Longshoring provisions based on Phase III of the Standards Improvement Project
- Incorporates the settlement agreement between the National Grain and Feed Association Inc., and OSHA
- Updates answers to commonly asked maritime cargo handling questions
- Delivers marine cargo handling safety and health information in a Web-based format with electronic links
The marine cargo handling industry is regulated primarily by the Marine Terminals standards (29 CFR 1917) and the Longshoring standards (29 CFR 1918). The new “Tool Shed” directive applies to the enforcement of these standards.
MSHA’s Examinations Rule for Underground Coal Mines in Effect
The rule requires mine operators to identify and correct hazardous conditions and violations of nine health and safety standards that pose the greatest risk to miners, including the kinds of conditions that led to the deadly explosion at the Upper Big Branch Mine in April 2010.
After analyzing its accident reports and enforcement data for underground coal mines covering a five-year period, MSHA determined that the same types of violations of health or safety standards are found by MSHA inspectors in underground coal mines every year, and that these violations present some of the most unsafe conditions for coal miners.
The rule requires that, during pre-shift, supplemental, on-shift, and weekly examinations, underground coal mine operators, in addition to examining for hazardous conditions as in the existing regulations, examine for violations of the nine specific health and safety standards. The rule also requires operators to record the actions taken to correct hazardous conditions, as in the existing regulations, and violations of the nine standards. Additionally, operators must review with mine examiners, on a quarterly basis, citations and orders issued in areas where pre-shift, supplemental, on-shift, and weekly examinations are required.
The nine standards address ventilation, methane, roof control, combustible materials, rock dust, equipment guarding, and other safeguards. They are consistent with the standards emphasized in MSHA’s Rules to Live By initiative and the types of violations cited in MSHA’s accident investigation report on the Upper Big Branch Mine explosion as contributing to the cause of that deadly accident. MSHA launched Rules to Live By, an outreach and enforcement program designed to strengthen efforts to prevent mining fatalities, in February 2010.
In 2011, MSHA issued approximately 158,000 violations, of which approximately 77,000 were attributable to underground coal mines, even though these mines represent just 4% of all mines.
How to Prepare for OSHA’s Globally Harmonized Hazard Communication Standard (GHS)
- August 15
- October 2
How to Author GHS Safety Data Sheets
How to Label Hazardous Chemicals Using OSHA’s New GHS Hazcom Standard
Pittsburgh RCRA and DOT Training
Charlotte RCRA and DOT Training
Nashville RCRA and DOT Training
Norfolk Southern Railway Co. Ordered to Pay Whistleblower More Than $300,000
The Department of Labor has found that, once again, Norfolk Southern Railway Co., has violated the whistleblower protection provisions of the Federal Railroad Safety Act. An investigation by OSHA revealed that the railroad terminated an employee in retaliation for reporting a workplace injury.
The department has ordered the company to pay the affected employee more than $300,000 in damages, including $200,000 in punitive damages, $75,000 in compensatory damages and $25,123.40 in attorney’s fees. Additionally, the company must expunge the disciplinary record of the employee as well as post a notice regarding employees’ whistleblower protection rights under the FRSA and provide training to its employees about these rights.
These actions follows several other orders issued by the department to Norfolk Southern Railway Co., in the past year. OSHA’s investigations have found that the company continues to retaliate against workers for reporting work-related injuries, which effectively has created a chilling effect in the railroad industry.
The Chattanooga-based employee in this case reported an injury when he hit his hard hat against a horizontal support beam. After conducting an investigative hearing, the railroad charged the employee with falsifying his injury and subsequently terminated him on October 8, 2010. The employee appealed, and a Public Law Board upheld the railroad’s decision while reducing the termination to a suspension with no back pay. OSHA found that the railroad’s investigative hearing was severely flawed and orchestrated to intentionally support management’s decision to terminate the employee.
Either party to this case can file an appeal to the Labor Department’s Office of Administrative Law Judges.
OSHA and the DOT’s Federal Railroad Administration (FRA) have signed a memorandum of agreement to facilitate coordination and cooperation between agencies regarding the enforcement of the FRSA’s whistleblower provisions. The act protects railroad employees from retaliation when they report safety violations, or work-related personal injuries or illnesses.
Under the agreement, the FRA will refer railroad employees who complain of alleged retaliation to OSHA. OSHA will provide the FRA with copies of the complaints it receives under the FRSA’s whistleblower provision, as well as any findings and preliminary orders that OSHA issues. The agencies jointly will develop training to assist FRA enforcement staff in recognizing complaints of retaliation and to assist OSHA enforcement staff in recognizing potential violations of railroad safety regulations revealed during whistleblower investigations.
Norfolk Southern Railway Co., is a major transporter/hauler of coal and other commodities serving every major container port in the eastern US with connections to western carriers. Its headquarters are in Norfolk, Virginia, and it employs more than 30,000 union workers.
Adams Thermal Systems Cited, Placed in Severe Violator Program
A total of 44 serious safety violations cited include failing to provide proper housekeeping, mark emergency exits, and keep pathways free and unobstructed; ensure that lockout devices prevented unintended equipment startup; provide fall protection on open-sided platforms, machine guard pulleys, belts, and saws; conduct and document forklift and crane inspections; remove defective rigging equipment from services; properly store gas cylinders; provide safety training and label hazardous gas piping. One serious health violation cited is for failing to use PPE identified on a hazard assessment and ensure that the equipment fits affected workers. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard an employer knew or should have known exists.
Three other-than-serious safety violations cited involve the labeling of overhead storage areas, confined space evaluation, and sprinkler head clearance distance. Three other-than-serious health violations include a lack of record keeping and noise monitoring programs, and chemical exposures. An other-than-serious violation is one that has a relationship to job safety and health but would not directly cause death or serious physical harm.
Prior to this inspection, Adams Thermal Systems had been inspected by OSHA five times since 2004, including a fatality investigation opened in November 2011 during which citations were issued for lockout of machine energy sources and machine guarding violations. That case is currently being contested by the employer.
The program focuses on recalcitrant employers that endanger workers by committing willful, repeat, or failure-to-abate violations.
Foundry with Long Violation History Cited for Willfully Exposing Workers to Lead Hazards
The foundry, located in Franklin, New Hampshire, faces a total of $185,900 in proposed fines following an inspection by OSHA’s Concord Area Office that was opened in January to verify the abatement of hazards cited by the agency in 2009.
This most recent inspection found two employees exposed to excessive levels of lead during foundry operations as well as a lack of sufficient engineering controls to reduce lead exposure levels. Management also failed to conduct additional lead exposure monitoring when alloys with higher lead content were used and the ventilation system was not working. In addition, management failed to regularly measure the ventilation system to gauge its effectiveness in controlling lead exposure, and respirators were not used when required.
These conditions led to OSHA issuing citations with $181,500 in proposed penalties for three willful violations. 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.
A citation with a $4,400 fine has been issued for one serious violation involving employees being overexposed to airborne copper fumes during pouring operations and a lack of controls to reduce the exposure level.
Franklin Non-Ferrous Foundry Inc., has elected to contest its citations and proposed penalties to the independent Occupational Safety and Health Review Commission.
OSHA Cites 10 Contractors for Fall, Electrical, Other Safety Hazards
The contractors face a total of $173,500 in proposed fines following a programmed inspection that was initiated in January.
General contractor Hardin Construction of Atlanta, Georgia, has been issued citations with $27,000 in fines for five serious violations involving employees exposed to falls of up to 20 feet, an ungrounded power generator, unsecured and unmarked hole covers on the roof, a failure to supply fire extinguishers throughout the job site, and a lack of inspections by competent individuals with the knowledge to identify and authority to correct hazards.
Roofing subcontractor P&A Roofing and Sheet Metal Inc., of Orlando, Florida, has been issued citations with $48,510 in fines for one willful and two serious violations involving employees exposed to falls of up to 20 feet, a lack of fall protection training, and a failure to regularly dispose of flammable substances.
Steel framing contractor F.L. Crane and Sons Inc., of Hutto, Texas, has been issued citations with $59,500 in fines for one repeat and two serious violations involving employees exposed to falls of up to 32 feet from scaffolds, employees exposed to falls of 11 and 20 feet from other surfaces, and insufficient machine guarding.
Also cited were Palace Construction Inc., of Litchfield, New Hampshire, which performed siding and trim work (citations for two serious violations related to fall and ladder hazards—$7,000); MasRam Mechanical LP, of Houston, Texas, which set HVAC units (citations for two serious violations related to fall hazards—$7,000); carpentry subcontractor Universal Timber Structures of Auburndale, Florida (a citation for one serious violation involving the unauthorized modification of a truck used to lift employees—$3,850); drywall contractor Four Star Drywall LLC, of Manchester, New Hampshire (citations for two serious violations related to electrical and scaffold hazards—$5,940); electrical subcontractor Professional Electrical Contractors of CT Inc., of Norwood, Massachusetts (a citation for one serious violation involving an ungrounded power generator—$4,500); roofing contractor Paul Modzeleski doing business as Sentry Roofing of Dunbarton, New Hampshire (citations for two serious violations involving damaged safety lanyards and a lack of fall protection training—$6,000); and glazing contractor J.M.D. Architectural Products Inc., of Tipp City, Ohio (citations for two serious violations involving misused electrical equipment and unlabeled chemical containers—$4,200).
In 2010, more than 10,000 construction workers were injured as a result of falling while working from heights and more than 250 workers were killed. OSHA’s fall prevention campaign was developed in partnership with the National Institute of Occupational Safety and Health (NIOSH) and NIOSH’s National Occupational Research Agenda program.
US Cotton Cited for Exposing Workers to Amputation Hazards by Failing to Guard Machines
OSHA initiated an inspection in February at the company’s Cleveland, Ohio, facility after a worker alleged having a finger amputated. Proposed fines total $133,100.
Specifically, the willful violation involves failing to guard the transfer wheels of 54 swab machines to prevent workers from coming into contact with nip points, rotating parts, and shearing/crushing areas.
One repeat violation is failing to properly guard 12 automatic pack machines to prevent workers from being injured by coming into contact with their points of operation. 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 2011 at the same facility.
Four serious violations involve failing to properly guard the cardboard baler units, the gear assembly of the square/comber machinery, and the feed rolls used in the production of cosmetic cotton.
The program focuses on recalcitrant employers that endanger workers by committing willful, repeat, or failure-to-abate violations.
Gastonia, North Carolina-headquartered US Cotton LLC, manufactures health and beauty aide cotton products, and has additional locations in Rio Rancho, New Mexico; Charlotte, North Carolina; and Montreal, Canada. The Cleveland plant, which employs about 789 workers, previously was inspected in 2011 and cited for four violations.
Heritage-WTI Cited for Deficiencies in Process Safety Management Program
OSHA initiated a health inspection in February under the agency’s National Emphasis Program for PSM Covered Chemical Facilities as a follow-up to a December 2011 safety inspection. The December inspection, which resulted in citations for nine safety violations, was conducted after a worker was killed at the facility by a metal dust deflagration that occurred while he was manually separating the contents of 55-gallon drums containing metal wastes and residue.
Ten serious safety violations involve failing to conduct a process hazard analysis on the kiln, provide documentation that proves the kiln complies with recognized good engineering practices, address problems found in process hazard analyses and correct deficiencies in the kiln’s written operating procedures. Additional serious violations include failing to provide processes or procedures to ensure that spare parts and equipment are suitable for their intended applications, review incident reports with workers whose job tasks are relevant to the findings, conduct a compliance audit at least every three years, and respond to deficiencies found in compliance audits.
OSHA’s standards contain specific requirements for the management of hazards associated with processes using highly hazardous chemicals.
Heritage-WTI employs about 185 people at the plant.
Hebco Products Cited for Exposing Workers to Amputation Hazards
OSHA has cited Hebco Products Inc., in Bucyrus, Ohio, with 14 safety violations, including two repeat violations for failing to guard machines to prevent amputation injuries as well as document and use machine-specific procedures to prevent the unexpected start up of equipment. Proposed penalties total $95,700.
OSHA initiated an inspection under the agency’s Site-Specific Targeting Program, which targets industries with the highest rates of workplace injuries and illnesses. Establishments are randomly selected for inspection from a primary list of 3,700 manufacturing, nonmanufacturing, and nursing and personal care facilities.
Similar violations were cited in 2007.
Twelve serious safety violations involve failing to provide PPE for workers handling sulfuric acid, conduct annual periodic inspections of energy control procedures, ensure that workers are trained and understand the purpose/function of the energy control program, provide a load backrest extension to minimize the possibility of falling loads and provide proper machine guards on bench grinders. Additionally, multiple violations involving confined spaces have been cited, including failing to inform workers of hazards by posting danger signs in permit-required spaces, implement measures necessary to prevent unauthorized entry, document completion of entry permits, and provide training for the safe performance of duties in permit-required confined spaces.
Hebco Products Inc., which manufactures screw machine parts, employs about 22 workers.
Alabama Furniture Manufacturer Cited for Exposing Workers to Combustible Dust
Scholar Craft Products Inc., doing business as Melsur Corp., has been cited by OSHA for 25 safety and health violations following an inspection at its Birmingham furniture manufacturing plant. OSHA initiated an inspection in February as part of the agency’s National Emphasis Program on Amputations and its Local Emphasis Program on High Noise Industries. Proposed penalties for serious violations total $94,500.
Nineteen serious safety and health violations involve failing to protect workers from falling onto dangerous equipment, develop and use lockout/tagout procedures when performing equipment maintenance and servicing, maintain the dust collection system to prevent potential fires or explosions, install dust collection systems in areas where combustible dust is present, provide an effective hearing conservation program, provide proper PPE, ensure that employees use seatbelts while operating industrial trucks, provide initial and annual fit tests for respirator users, ensure danger signs are posted on equipment generating combustible dust, properly secure loads to forklifts, reduce the pressure on an air hose to less than 30lb per square inch, conduct initial monitoring for formaldehyde exposure, train employees on the hazards associated with formaldehyde, train workers on the hazards associated with combustible dust, and provide medical evaluations for respirator users. Additional violations include allowing combustible dust to accumulate on floors, equipment, and walls; improperly securing materials in storage; and a lack of machine guarding on belt sanders, grinders, and a table saw.
Citations that do not carry monetary penalties have been issued for six other-than-serious safety and health violations, including failing to ensure that forklift operators receive formal training on the safe operation of equipment, ensure that the nameplates of powered industrial trucks are legible, have an effective pest control program and prevent employees from standing under elevated loads.
American Pulses Cited for Multiple Safety Violations After Follow-Up Inspection
OSHA has cited American Pulses Ltd., with 13 safety—including six repeat—violations for exposing workers to multiple hazards at the company’s facility in Hingham, Montana. OSHA has proposed $82,500 in penalties based on a February inspection that was conducted as a follow-up to an April 2011 inspection.
American Pulses is a crop processor and exporter of peas and lentils. The 2011 inspection resulted in citations for 12 violations, and the findings were resolved under a settlement agreement. However, OSHA found during the most recent inspection that the company had failed to abate some of the violations.
Six repeat violations include failing to provide lighting in elevators, guardrails on platforms, handrails on stairs, and guarding on horizontal shafts, pulleys, and shaft ends. The citations carry $51,480 in penalties. Similar violations were cited based on the April 2011 inspection.
Seven serious violations include failing to use a readable compressed gas regulator, ensure that floor holes around boot pits are guarded, provide a confined space program, implement housekeeping to ensure that combustible dust does not accumulate, implement a fall protection program to prevent fall hazards, use approved electrical components, and have an effective respiratory protection program. The citations carry $31,020 in penalties.
OSHA Proposes More Than $67,000 in Fines to Philadelphia Dishwasher Manufacturer
OSHA has cited Insinger Machine Co., for exposing workers to serious safety and health hazards at the company’s Philadelphia facility. OSHA’s February investigation was initiated as part of the agency’s Site-Specific Targeting Program, which focuses on workplaces with the highest rates of injuries and illnesses. Proposed penalties total $67,450.
Twenty-three serious violations involve failing to correct electrical hazards, provide a hearing conservation program or training, provide an eyewash station, provide barriers and shields to protect employees from rays generated by welding operations, safeguard moving machine parts, control potentially hazardous energy, properly mark doorways as exits, properly dispense flammable liquids, ensure that fire extinguishers are mounted and readily accessible, ensure that oxygen and acetylene cylinders are properly stored, ensure the proper use of a drill press, implement a site-specific respiratory protection program, and conduct medical examinations prior to allowing employees to wear respirators. The citations carry $63,450 in penalties.
Two other-than-serious violations involve failing to create and post a summary of workplace injuries and illnesses. The citations carry $4,000 in penalties.
Insinger Machine Co., which employs about 50 workers, manufactures dishwashers for the food service and institutional industries.
International Steel Plate Manufacturer Cited for Exposing Workers to Hexavalent Chromium
OSHA has cited steel plate manufacturer Arcelor Mittal for eight safety and health—including one repeat—violations at its Conshohocken, Pennsylvania facility. OSHA initiated an inspection in response to a complaint alleging that workers were being overexposed to metal fumes.
The repeat violations involve open-sided floors or platforms, as many as 20 feet or more above ground level, that lack guards to prevent workers from falling. The citations carry penalties of $25,000. Similar violations were cited in 2010.
Eleven serious violations include a lack of annual audiometric testing and training, a lack of guarding for power transmission devices, electrical hazards, deficiencies in training for powered industrial trucks, a lack of training on respiratory protection and fitting workers for protective equipment, and exposing workers to hexavalent chromium at more than four times the permissible level. The citations carry $41,300 in penalties.
Workers who breathe hexavalent chromium compounds at their jobs for many years may be at increased risk of developing lung cancer. Breathing high levels of hexavalent chromium can irritate or damage the nose, throat, and lungs.
Headquartered in London, England, Arcelor Mittal employs 295 workers at the Conshohocken facility.
Concrete Products Company Cited for Exposing Workers to Safety and Health Hazards
OSHA has cited Universal Concrete Products Corp., for 18 alleged safety and health violations—four of which are repeat—at its Pottstown, Pennsylvania, facility. OSHA initiated an inspection in response to a complaint. Proposed penalties total $47,286.
The repeat violations involve failing to provide an adequate respiratory protection system and lockout/tagout methods to prevent machinery from accidentally starting up. The citations carry $18,340 in penalties. Similar violations were cited in 2007.
Twelve serious violations involve failing to provide standard railings around floor holes and open-sided floors, provide fire extinguishers and an emergency evacuation plan, have an adequate respiratory protection program, ensure that machines’ energy sources are locked/tagged out, provide powered industrial truck training, properly inspect cranes, ensure that a concrete mixer has proper machine guarding, replace missing knockout plugs and damaged panel boxes, and have a hazard communication program. The citations carry $28,946 in penalties.
Two other-than-serious violations involve hazards associated with walking and working surfaces and electrical installations. The citations do not carry monetary penalties.
Universal Concrete Products Corp., employs 73 workers at its Pottstown facility.
Best Florida Construction Cited for Exposing Workers to Fall Hazards
The violations involve failing to provide fall protection for employees installing floor sheathing, train workers to recognize fall hazards, and provide eye and face protection for employees using nail guns. Proposed penalties for the citations total $46,200. Similar violations were cited at a Tampa work site in November 2011.
S.J. Louis Construction Cited for Exposing Workers to Excavation, Trenching Hazards
Proposed penalties total $45,500.
After an OSHA official observed employees working in a trench without a required shoring system to prevent cave-ins, OSHA’s Fort Worth Area Office opened an inspection under the agency’s National Emphasis Program on Trenching and Excavation. OSHA standards require trenches or excavations five feet or deeper to be protected against collapse through shoring, sloping of the soil, or the use of a protective trench box.
The serious violation is failing to protect workers in the trench from being struck by materials located within two feet of the excavation’s edge that could fall into the trench.
The repeat violation is failing to provide a required shoring system to prevent a cave-in. A similar violation was cited at a Carrollton site in 2008.
S.J. Louis Construction of Texas employs about 350 workers.
Charter Oak Health Center Cited for Failing to Effectively Safeguard Employees Against Tuberculosis
OSHA’s Hartford Area Office opened an inspection in February after receiving a complaint that employees had been exposed to a patient with tuberculosis and that the center’s management failed to take appropriate action to protect workers. Proposed fines total $17,600.
The violations include the center’s failure to have a system in place that promptly identifies, masks, and isolates patients with suspected tuberculosis; and its failure to provide workers who had face-to-face contact with suspected or confirmed tuberculosis patients with training on the disease and a respiratory protection program. In addition, the center lacked a hazard communication program and hazardous chemical training.
DOT Allows Restart of Enbridge’s Line 14 Pipeline
The DOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA) has announced that Enbridge Energy has met the requirements of last week’s amended corrective action order and executed a consent agreement. These actions allow for the restart of Line 14 in Wisconsin.
Under PHMSA’s consent agreement, Enbridge must meet a series of safety provisions for the 467-mile pipeline segment where the rupture occurred that will apply to the entire Lakehead Pipeline System. As a result of making these commitments, Enbridge has been given authority to restart its pipeline.
Provisions of the restart plan include the following:
- Daytime restart
- Prior notification of emergency responders along the entire length of Line 14
- Aerial patrol of the pipeline right of way during and after restart to inspect for leaks
- Foot patrols of key areas, including pumping stations and valves
- The line pressure will be restricted to 80% of the pressure used at the time of failure. Greater pressure cannot be used until the root cause of the failure is determined and adequate remedial actions are taken
“Pipeline accidents like this are rare, but when they happen we will act immediately to make sure that people and the environment are protected,” said PHMSA Administrator Cynthia Quarterman. “PHMSA staff worked with Enbridge straight through the weekend and entered into a pipeline safety plan that encompasses every aspect of safety on the entire Lakehead System as well as ensuring a safe way to move forward with restarting Line 14. We will continue to keep the public updated as we take the next steps to address pipeline safety.”
PHMSA issued a CAO following a July 27, 2012, pipeline accident involving the release of crude oil on Line 14 of the Lakehead System near Grand Marsh, Wisconsin. The agency prevented Enbridge from restarting Line 14 until repairs were made at the failure site. PHMSA also imposed a pressure restriction on Line 14, required additional testing and root cause analysis, and required the development and implementation of a long-term integrity verification of the Lakehead Pipeline System plan under the oversight of a third-party expert.
Pipeline safety is a top priority at PHMSA. In April 2011, Secretary LaHood issued a Call to Action on pipeline safety, asking operators to replace and rehabilitate aging pipelines. PHMSA closed a record number of enforcement cases in 2011 and is collecting more data about pipelines and stepping up efforts to educate the public about staying safe around pipelines. The new Pipeline Safety Act gives PHMSA even more ways to hold pipeline operators accountable as well as the ability to issue civil penalties double that of previous amounts.
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