The new cards are intended to reduce fraud and improve efficiency.
OSHA has created 10- and 30-hour basic safety courses tailored to construction, maritime, and general industry, as well as 15-hour classes for disaster site workers. They cover the basics of workers' rights and OSHA protections, and describe how to identify, avoid and prevent workplace hazards. The courses are not required by OSHA, although some cities and employers do require workers to complete them. More than 830,000 students were trained under this program in fiscal year 2015.
At the conclusion of each course, students receive completion cards, which are currently printed on paper.
After February 29, completion cards will be made of a more durable card stock—like a credit card—with authorizing logos, a watermark when copied, and a QR code for authentication. Trainer cards will include trainer name, trainer ID number, expiration date, and OTI Education Center where the trainer was authorized. Student cards will have student name, trainer name, date of issue, and the OTI Education Center which produced the card.
The OTI Education Centers will maintain an electronic database of authorized trainers and students who have completed the 10- and 30-hour classes. This will allow employers and workers to authenticate their card with the use of a QR code on each card. OTI Education Centers will charge $8 each for the new cards, compared to $5 for the current paper cards.
Workers who already have 10-hour and 30-hour cards do not need to change over to the new cards. They may choose to purchase a new card by contacting the trainer who conducted the class, but only if the course was taken within the past three years. The new cards will be issued for in-person training sessions only. Online courses will continue to be offered by authorized providers, but students who complete online training will continue to receive paper cards at this time.
The cards are expected to reduce fraud because their more durable stock will be more difficult to copy. Also each worker card will have verifiable information, including ways to contact the trainer who conducted the course. They are expected to increase efficiency because the new process will reduce the number of days it takes to request and process cards.
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
Indianapolis RCRA, DOT, and IATA/IMO Training
Atlanta RCRA, DOT, and SARA Training
Tampa RCRA and DOT Training
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.
Chemical Safety Board to Release Final Report and Safety Recommendations Resulting from West Fertilizer Investigation
The U.S. Chemical Safety Board (CSB) will convene a public meeting on Thursday, January 28, 2016, in Waco, Texas, at the Hilton Waco from 6 to 9 p.m. CST to present the investigation report and safety recommendations from the April 17, 2013, ammonium nitrate fire and explosion at the West Fertilizer facility in West, Texas.
The West Fertilizer explosion is one of the most destructive incidents ever investigated by the CSB. Twelve emergency responders were fatally injured when a stockpile of fertilizer grade ammonium nitrate (FGAN) violently detonated. In addition, three members of the public were fatally injured as a result of the explosion, and local hospitals treated more than 260 injuries. Off-site damage was estimated to exceed $100 million.
At the meeting, the Board will hear a presentation from the investigative staff on their draft investigation report and related safety recommendations. The Board will also hear comments from the community. At the conclusion of the staff presentation, the Board may vote on the final report.
Chairperson Vanessa Allen Sutherland said, “The CSB looks forward to the completion of the investigation into this tragic accident. By sharing the lessons learned from the West Fertilizer investigation, we will, among other items, raise of awareness of hazards associated with the storage of ammonium nitrate to help prevent similar accidents in the future. The Board looks forward to sharing its findings and hearing from the public.”
The meeting is free and open to the public.
FMCSA Proposes New Rule for Determining Safety Fitness of Motor Carriers
The Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) has announced a proposed regulation designed to enhance the Agency’s ability to identify non-compliant motor carriers. The Safety Fitness Determination (SFD) Notice of Proposed Rulemaking (NPRM), to be published in the Federal Register, would update FMCSA’s safety fitness rating methodology by integrating on-road safety data from inspections, along with the results of carrier investigations and crash reports, to determine a motor carrier’s overall safety fitness on a monthly basis.
“Ensuring that motor carriers are operating safely on our nation’s roadways is one of our highest priorities,” said U.S. Transportation Secretary Anthony Foxx. “Using all available information to achieve more timely assessments will allow us to better identify unsafe companies and get them off the road.”
“This update to our methodology will help the agency focus on carriers with a higher crash risk,” said FMCSA Acting Administrator Scott Darling. “Carriers that we identify as unfit to operate will be removed from our roadways until they improve.”
The proposed SFD rule would replace the current three-tier federal rating system of “satisfactory–conditional–unsatisfactory” for federally regulated commercial motor carriers (in place since 1982) with a single determination of “unfit,” which would require the carrier to either improve its operations or cease operations.
Once in place, the SFD rule will permit FMCSA to assess the safety fitness of approximately 75,000 companies a month. By comparison, the agency is only able to investigate 15,000 motor carriers annually—with less than half of those companies receiving a safety rating.
The proposed methodology would determine when a carrier is not fit to operate commercial motor vehicles in or affecting interstate commerce based on:
- Investigation results
- A combination of on-road safety data and investigation information
The proposed rule further incorporates rigorous data sufficiency standards and would require that a significant pattern of non-compliance be documented in order for a carrier to fail a BASIC.
When assessing roadside inspection data results, the proposal uses a minimum of 11 inspections with violations in a single BASIC within a 24-month period before a motor carrier could be eligible to be identified as “unfit.” If a carrier’s individual performance meets or exceeds the failure standards in the rule, it would then fail that BASIC. The failure standard will be fixed by the rule. A carrier’s status in relation to that fixed measure would not be affected by other carriers’ performance.
Failure of a BASIC based on either crash data or compliance with drug and alcohol requirements would only occur following a comprehensive investigation.
FMCSA estimates that under this proposal, less than 300 motor carriers each year would be proposed as “unfit” solely as a result of on-road safety violations. Further, the agency’s analysis has shown that the carriers identified through this on-road safety data have crash rates of almost four times the national average.
FMCSA encourages the public to review the NPRM and to submit comments and evidentiary materials to the docket following its publication in the Federal Register. The public comment period will be open for 60 days. FMCSA will also be providing a reply comment period allowing for an additional 30 days for commenters to respond to the initial comments.
Settlement with Massachusetts Contractor Seeks to Prevent Future Deaths
A settlement agreement between the U.S. Department of Labor and Mass Bay Electrical Corp., commits the East Boston electrical contractor to extensive corrective action to prevent future deaths and injuries and establishes a training fund in the memory of Joseph Boyd III and John Loughran, who were killed when a crane toppled in Bourne on April 12, 2014.
The two men, members of Local 104 of the International Brotherhood of Electrical Workers, were working atop a personnel platform raised on truck-mounted crane when the crane overturned and fell approximately 140 feet with both men harnessed to it, killing both men. OSHA cited Mass Bay Electrical for, among other things, not training employees properly or evaluating their ability to operate the crane properly. The company also failed to follow the manufacturer's procedures for safely operating the crane. The company contested the citations initially but has now reached a settlement with the Labor Department.
"The deaths of Joseph Boyd III and John Loughran should never have occurred. Effective and ongoing training of employees and adherence to the clear safety requirements set forth by the equipment's manufacturer are critical in preventing fatalities like these from happening again. This settlement requires Mass Bay Electrical Corp. to take stringent, detailed, continual and effective corrective action," said Kim Stille, OSHA's New England regional administrator.
"This settlement is more than a piece of paper. It sets benchmarks, requires follow-through and is enforceable through the courts. It also looks to the future. In the names of Joseph Boyd III and John Loughran, it creates a fund to train current and future workers in line project management and safety techniques. Overall, it puts into place a host of mechanisms the goal of which is to ensure that other workers—and their families—never experience such needless loss of lives in the future," said Michael Felsen, the regional solicitor of labor for New England.
Under the terms of the settlement, Mass Bay Electrical Corp., agrees to repeat violations of the Occupational Safety and Health Act for failing to comply with the manufacturer's instructions for safely operating the crane and for failing to ensure that operators were properly evaluated or trained, and to a number of other serious violations. The company will pay an amended penalty of $136,000. In addition to the violations and monetary penalties, Mass Bay also agrees to perform a number of corrective actions designed to prevent future accidents, including extensive certification and training for management and employees on crane and aerial lift operations and safety standards, committing both to regular internal and independent safety audits, developing an in-house safety committee, requiring field managers to be journeymen linemen on worksites where linemen work, and providing regular notification to OSHA of utility work projects.
A unique aspect of the settlement is the requirement for Mass Bay Electrical Corp., to establish an endowment fund in the names of Joseph Boyd III and John Loughran to provide scholarships to workers interested in obtaining training and education in the fields of line construction project management and safety. The company will provide at least $3,000 in annual contributions to the fund for the next 10 years and at least $5,000 in annual contributions for the succeeding decade. The fund will be administered in cooperation with IBEW Local 104.
The original inspection was conducted by OSHA's Braintree Area Office. The settlement was negotiated for OSHA by attorneys Nathan P. Goldstein and Mark A. Pedulla of the regional Office of the Solicitor in Boston.
OSHA Schedules Public Hearing on Proposed Rule on Occupational Exposure to Beryllium
The hearing will be held February 29, 2016, in Washington, D.C.
The proposed rule, published on August 7, 2015, would dramatically lower workplace exposure to beryllium, a widely used material that can cause devastating lung disease. This hearing will provide the public an opportunity to testify or provide evidence on issues raised by the proposal.
The hearing will begin at 2 p.m. ET in Room N-4437 A-D, U.S. Department of Labor, 200 Constitution Ave., N.W., Washington, DC. If necessary, the hearing will continue from 9:30 a.m. to 5 p.m. ET on subsequent days in Washington, D.C.
Individuals who intend to present testimony or question witnesses must submit the full text of their testimony and all documentary evidence by January 29, 2016.
Currently, OSHA's eight-hour permissible exposure limit for beryllium is 2.0 micrograms per cubic meter of air. Above that level, employers must take steps to reduce the airborne concentration of beryllium. That standard was originally established in 1948 by the Atomic Energy Commission and adopted by OSHA in 1971. OSHA's proposed standard would reduce the eight-hour permissible exposure limit to 0.2 micrograms per cubic meter. The proposed rule would also require additional protections, including personal protective equipment, medical exams, and training.
Peconic Recycling & Transfer Corp. Fined $119,000 After Three Workers Seriously Injured
On July 1, three employees cleaning screens inside a cylindrical screening device called a trommel were seriously injured when another employee unexpectedly restarted the machine.
Peconic also put employees at risk of falls of more than 16 feet through uncovered or unguarded sorting bin openings on a conveyor belt. Additional hazards included lack of proper lock-out tools and procedures, no respiratory protection training, and failing to identify and label confined spaces. Proposed penalties total $119,000.
"This incident and serious injuries suffered by three employees were preventable. The company knew programs needed to be in place to address and prevent these hazards, yet did not provide required and adequate safeguards," said Anthony Ciuffo, OSHA's area director for Long Island. "For the well-being of its employees, Peconic Recycling & Transfer Co. must take prompt and effective corrective action to ensure that this never happens again."
Amtech Southeast Exposes Workers to Fire and Explosion Hazards
The company was issued citations for similar violations in February 2014.
Proposed penalties total $50,000.
"Amtech Southeast continues to expose workers to hazards that were previously identified by inspectors. There is no reason we should be finding these hazards again," said Joe Roesler, OSHA's area director in Mobile. "Employers have a legal obligation to ensure workers have a safe and healthy workplace, and those who fail to do so will be held accountable."
Amtech Southeast is a division of Dynamic Fabrications that produces fiber-reinforced plastic components.
Fukuvi USA Inc. Cited After Worker’s Hand Gets Caught in Unguarded Machine
The agency initiated its inspection after a 31-year-old worker's suffered a degloving injury of his left arm when it was caught and pulled into the machine as he fed a plastic part into it.
"Injuries like this are preventable when companies install machine guards and train workers on safety procedures," said Ken Montgomery, OSHA's area director in Cincinnati. "Each year, hundreds of workers are injured while operating machinery without required safe guards. OSHA inspectors found this machine had been in use for at least a year without the proper guarding in place. It is fortunate no one else was injured."
Proposed penalties total $49,000.
A and S Tree Service Fined $44,000 for Exposing Workers to Unsafe Conditions
Historically, the industry is the source of multiple fatalities in West Virginia. In 2015, 27% of all occupational fatalities in West Virginia occurred in logging.
Willful violations were issued for the company permitting employees to ride as passengers on a dozer without the use of an assigned seat and safety belt, and exposed the employees to crushing injuries if the employees fell unexpectedly from the machine. The company also exposed a worker to danger of severe cuts or lacerations after allowing the employee to drop start a chainsaw.
The serious violations include an employee not wearing required heavy-duty leather boots while operating a chainsaw, an employee not wearing face protection while using a chainsaw to limb trees, a bulldozer operated on rough terrain without the use of the provided seatbelt, and trees felled with inadequate undercuts that help control the tree’s fall.
The other-than-serious citations related to a missing operator manual for a dozer, lack of current first-aid and CPR training, and absence of a hazard communication plan.
Proposed penalties total $44,000.
“Loggers who manually fell trees with chainsaws are exposed to the greatest logging risks, making it critical for employers to ensure safeguards are in place to prevent injuries or death,” said Prentice Cline, director of OSHA’s Charleston Office. ‘Compliance with OSHA’s logging standard will eliminate many of the fatal accidents and greatly reduce the number of lost work day injuries occurring in the logging industry.”
Lack of Fall Protection at Custom Contracting Leads to Worker Fatality
A newly hired, 39-year-old worker who fell through a roof in October 2015 and later died, could have been saved if his employer provided required fall protection, OSHA has found.
The man, just two weeks on the job, was installing metal roofing sheets on a commercial building in Raymond for Custom Contracting, Inc., his Lincoln-based employer, when he fell more than 20 feet to the concrete below and suffered fatal injuries.
"Fatal incidents like these are entirely preventable. They have tragic consequences for the victims, their families, and their communities," said Jeff Funke, OSHA's area director in Omaha. "Construction industry employers must protect workers from falls which continue to be the leading cause of worker's death in the construction industry."
Investigators determined that two workers were installing metal roof sheets on a structural steel building when one of the workers stepped into an opening created by the removal of the adjacent metal roofing sheet and fell. Custom Contracting did not provide the roof workers with required fall protection, such as safety nets or a personal fall-arrest system, OSHA inspectors found. The agency also found the company failed to train workers to:
- Recognize fall hazards
- Render first aid
- Operate powered industrial vehicles
In addition, guard rails were not installed on open sides and ends of platforms to prevent falls, and lift trucks were found to be modified without manufacturer's approval. OSHA has proposed penalties of $36,000.
The page offers fact sheets, posters, and videos that vividly illustrate various fall hazards and appropriate preventive measures. OSHA standards require that an effective form of fall protection be in use when workers perform construction activities 6 feet or more above the next lower level.
Misused and Missing Equipment Leads to Paralyzing Injury
A 30-year-old construction worker returned from a holiday weekend on July 6, 2015, ready to install gutters on new apartment and condominium buildings at 1323 West Chester Pike in West Chester. It was his first day on the job site, and his last as a builder.
As a rough terrain forklift raised a makeshift platform on which he stood up three stories to the roof, the platform toppled and the man fell 40 feet onto the rubble below. The worker suffered serious and permanent injuries, including paralysis from the waist down.
An investigation by OSHA that followed the incident found that the man's employer, High Quality Builders, Inc., a Bordentown, New Jersey, subcontractor routinely misused front-end loaders and similar pieces of equipment to support scaffold platforms.
OSHA cited High Quality Builders for similar violations in March and June 2015. This was the second fall suffered by a company employee in 2015.
The agency also cited the job site's general contractor, TJ Ward Plumbing Heating & Commercial Services, LLC, of Media, Pennsylvania, for eight serious violations, including lack of fall protection and the improper use of powered industrial trucks. The violations carry $24,500 in penalties.
"This tragedy could have been averted if these two companies had not been so careless about worker safety," said Nicholas DeJesse, director of OSHA's Philadelphia Area Office. "A young man is now confined to a wheelchair because of the disregard of the employers at this site for the safety and well-being of their workers. Their actions are inexcusable and will not be tolerated."
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