New OSHA Recordkeeping Rule Now in Effect

The Occupational Safety and Health Administration’s revised recordkeeping rule, which became effective on January 1, includes two key changes:

The previous list of industries was based on the old Standard Industrial Classification (SIC) system and injury and illness data from the Bureau of Labor Statistics (BLS) from 1996, 1997, and 1998. The new list of industries that are exempt from routinely keeping OSHA injury and illness records is based on the North American Industry Classification System (NAICS) and injury and illness data from the Bureau of Labor Statistics (BLS) from 2007, 2008, and 2009. The new rule retains the exemption for any employer with ten or fewer employees, regardless of their industry classification, from the requirement to routinely keep records.

Second, the rule expands the list of severe work-related injuries that all covered employers must report to OSHA. The revised rule retains the current requirement to report all work-related fatalities within 8 hours and adds the requirement to report all work-related in-patient hospitalizations, amputations and loss of an eye within 24 hours to OSHA.

Previously, employers had to report the following events to OSHA:

• All work-related fatalities
• All work-related hospitalizations of three or more employees

 

• All work-related fatalities
• All work-related in-patient hospitalizations of one or more employees
• All work-related amputations
• All work-related losses of an eye

Employers must report work-related fatalities within 8 hours of finding out about it. For any in-patient hospitalization, amputation, or eye loss employers must report the incident within 24 hours of learning about it.

Only fatalities occurring within 30 days of the work-related incident must be reported to OSHA. Further, for an inpatient hospitalization, amputation or loss of an eye, then incidents must be reported to OSHA only if they occur within 24 hours of the work-related incident.

Employers have three options for reporting the event:

• By telephone to the nearest OSHA Area Office during normal business hours.
• By telephone to the 24-hour OSHA hotline (1-800-321-OSHA or 1-800-321-6742).
• OSHA is developing a new means of reporting events electronically, which will be released soon and accessible on OSHA's website.

All employers under OSHA jurisdiction must report these incidents to OSHA, even employers who are exempt from routinely keeping OSHA records due to company size or industry.

Employers reporting a fatality, in-patient hospitalization, amputation or loss of an eye to OSHA must report the following information:

• Establishment name
• Location of the work-related incident
• Time of the work-related incident
• Type of reportable event (i.e., fatality, in-patient hospitalization, amputation or loss of an eye)
• Number of employees who suffered the event
• Names of the employees who suffered the event
• Contact person and his or her phone number
• Brief description of the work-related incident

Employers do not have to report an event if the injury:

• Resulted from a motor vehicle accident on a public street or highway, except in a construction work zone; employers must report the event if it happened in a construction work zone
• Occurred on a commercial or public transportation system (airplane, subway, bus, ferry, street car, light rail, train)
• Occurred more than 30 days after the work-related incident in the case of a fatality or more than 24 hours after the work-related incident in the case of an in-patient hospitalization, amputation, or loss of an eye

Employers do not have to report an in-patient hospitalization if it was for diagnostic testing or observation only. An in-patient hospitalization is defined as a formal admission to the in-patient service of a hospital or clinic for care or treatment.

Employers do have to report an in-patient hospitalization due to a heart attack, if the heart attack resulted from a work-related incident.

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.

 

Raleigh RCRA, DOT, IATA/IMO, and SARA Training

 

Anaheim RCRA and DOT Training

 

Columbia RCRA and DOT Training

 

Dibenzanthracenes Listed as Carcinogens

Effective December 26, 2014, California’s Office of Environmental Health Hazard Assessment (OEHHA) added dibenzanthracenes (as a chemical group), dibenz[a,c]anthracene, and dibenz[a,j]anthracene to the list of chemicals known to the State to cause cancer for purposes of the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65). Dibenz[a,h]anthracene—one of the three chemicals that comprise the chemical group dibenzanthracenes—has been listed under Proposition 65 as causing cancer since January 1, 1988. Thus with this listing the other two chemicals in the group are now individually listed under Proposition 65 as well as the group itself.

 The CIC determined that the chemicals were clearly shown, through scientifically valid testing according to generally accepted principles, to cause cancer. Regulations for listing of chemicals by the CIC are set out in Title 27, California Code of Regulations, section 25305(a)(1).

 

Boomerang Tube Continues to Expose Workers to Life-Threatening Hazards, Fined $283,600

 

"When Boomerang Tube neglects to fix hazards that expose workers to possible injuries or worse, it callously puts workers in harm's way. That is unacceptable," said David Doucet, OSHA's area director in the Houston North Area Office. "Boomerang Tube employees deserve to work in an environment free of hazards that threaten their livelihoods and lives."

In 2011, OSHA placed Boomerang Tube in its SVEP, which mandates targeted follow-up inspections to ensure compliance with the law. The program focuses on recalcitrant employers who endanger workers by committing willful, repeat, or failure-to-abate violations. OSHA conducted this follow-up inspection to assess whether the previously cited violations from the June 2011 inspection were abated.

A repeat violation exists when an employer has been cited previously 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. OSHA cited Boomerang Tube for similar violations in June 2011.

OSHA assessed a $70,000 penalty for one willful violation. The agency found that Boomerang Tube failed to protect workers from falls of heights from 4 to 15 feet in a storage yard and from an open-sided floor with no walls that exposed workers to falls to a lower level. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health.

The agency cited the company for 10 serious violations, with a $59,600 penalty, for failure to provide crane control markings to prevent the operator from moving the crane in the wrong direction and dropping the load; improperly using the lifting eye on the welder and not on other machinery; and failure to use fuel gas and oxygen cylinder valve protection caps. Additional serious violations included slip hazards; inadequate material storage; an unguarded grinder; and lack of covers for electrical outlets. 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. Three other violations, with no monetary penalty, were cited for electrical hazards.

Patterson Tubular Services, the employer of eight workers at the Boomerang Tube facility, was cited for one serious violation for failure to utilize lockout/tagout procedures when performing machine maintenance. Proposed fines total $7,000 for the Channelview employer.

Concrete Systems, Inc., Faces $230,400 in Fines for Exposing Employees to Fall, Crushing, Noise, and Other Hazards

Acting on a worker complaint in June 2014, OSHA investigated and found employees of Concrete Systems, Inc., in danger of falling, being crushed, and deafened due to a lack of required safeguards. A manufacturer of large concrete formwork, CSI faces $230,400 in proposed fines.

An agency that supplies CSI with temporary workers, Marathon Staffing Services, Inc., of Tyngsboro, Massachusetts was also fined $7,000.

OSHA found instances where employees atop concrete formwork and precast concrete structures lacked fall protection. OSHA also determined that employees who are exposed to excess noise levels while operating casting machinery did not receive baseline audiograms to guard against sustained hearing loss. 

"Concrete Systems chose not to provide required safeguards and exposed workers to potentially fatal or disabling falls and possibly hearing damage," said Rosemarie Ohar, OSHA's New Hampshire area director. "The company must act swiftly and effectively to eliminate these hazards and prevent their recurrence to protect the health and safety of its employees."

In addition to these hazards, OSHA found CSI employees risked being crushed or injured by a custom-made lifting device and by the use of damaged slings to move a 24,000-lb load. Inspectors also cited the company for having an uninspected crane and for failing to employ a qualified crane operator. They also found improperly operated and unattended forklifts, unsafe arrangement of loads on forklifts, unguarded saw blades, and hazardous electrical equipment. 

Marathon Staffing Services received one serious violation for not providing audiograms to employees who are exposed to excessive noise levels at CSI.

The initiative includes outreach, training, and enforcement to ensure that temporary workers are protected in their workplaces. 

OSHA Cites 6 Chicago-Area Companies for Worker Exposure to Asbestos

Staff and students were on summer break during the July 2014 inspection, which was initiated after OSHA received a complaint that alleged workers were exposed to asbestos and silica on the site.

OSHA has proposed a combined total of $132,040 in penalties to the six companies, which include Nicholas & Associates, Inc., of Mount Prospect; F.E. Moran, Inc., of Northbrook; Environmental Services Firm, Inc., of Evanston; DeKalb Mechanical, Inc., of DeKalb; ASAP Environmental, Inc., of Cicero; and B.B. Construction Enterprise, Inc., of Chicago.

The Illinois Department of Public Health coordinated with OSHA in the investigation. The state may take legal action against entities licensed or regulated by the state that violated state law. Legal action may include, but not be limited to, civil penalties or adverse licensure action consistent with state law.

"Exposure to asbestos is a dangerous workplace issue that can cause loss of lung function and cancer, among other serious health effects, and workers must be trained in procedures that minimize exposure. Workers should never be put at risk because a company failed to protect them from a known, dangerous substance," said Angeline Loftus, OSHA's area director at the Chicago North Area Office in Des Plaines.

OSHA's inspection found that onsite asbestos consultant Environmental Services Firm directed F.E. Moran to remove 60 feet of piping that contained asbestos insulation. F.E. Moran did not require its employees to implement engineering controls to limit asbestos exposure or to wear personal protective equipment while cutting the pipes for removal, which created the potential for released asbestos fibers.

Asbestos is a naturally occurring mineral fiber that was used in some building materials before its dangerous health effects were discovered. Fibers are released into the air during activities, such as cutting pipes, which disturb asbestos-containing materials. Asbestos fibers cannot be seen, and can be inhaled into the lungs unknowingly. If swallowed, the fibers can embed in the digestive tract.

OSHA cited F.E. Moran for 10 serious violations, which included failure to comply with existing regulations; failure to determine whether work with asbestos complied with standards; and lack of training and respiratory protection. The violations carry $47, 500 in proposed penalties.

The agency cited Environmental Services Firm for two willful violations for failure to conduct air sampling and initial exposure assessment for asbestos on the project. The company faces penalties of $55,000.

ASAP Environmental received two serious violations for failure to ensure a competent person conducted exposure monitoring and supervised asbestos removal. The company faces fines of $4,000.

Nicholas & Associates, the general contractor onsite, was cited for directing F.E. Moran's employees to cut the pipes containing asbestos without taking the required precautions. Inspectors also found electrical safety violations. The inspection resulted in two serious violations, carrying proposed penalties of $10,150.

OSHA cited DeKalb Mechanical for four serious violations, carrying proposed penalties of $13,860, for exposing workers to lead-based paint, respirator and hazard communication hazards.

B.B. Construction Enterprises was cited for one serious violation, carrying proposed penalties of $1,530, for failure to collect and properly dispose of debris from asbestos removal operations.

Graphic Packages International Inc. Fined $129,000 after Worker Suffers Severe Hand Injury

 

“Moving machine parts can cause severe workplace injuries, such as crushed fingers or hands, amputations, burns or blindness when safeguards are ignored. Employers have a responsibility to protect workers from these hazards,” said Dorinda Folse, OSHA’s area director in Baton Rouge.

Workers were exposed to machinery hazards; failure to guard all nip points, or pinch points, on large printing presses; and failure to implement lockout/tagout procedures to shut down the equipment properly to protect workers during maintenance and repair.

Graphic Packaging also failed to inspect for defective slings, attachments, and fastenings used to handle material; provide guardrails on platforms above dangerous machinery; and review annually the confined space program. Additionally, Graphic Packaging was fined $2,000 for other electrical hazards and failure to illuminate an exit sign.

The Davey Tree Expert Co. Cited after Ignoring Vehicle Roll Over Hazards

A 21-year-old tree trimmer employed by The Davey Tree Expert Co., was fatally injured after a utility task vehicle ran over him at a Claysburg work site. First Energy Service Co., contracted the Kent, Ohio-based company to trim trees and remove other vegetation along power transmission lines.

A June 2014 investigation by OSHA found that the company had willfully put the employee and others at risk by using a UTV on a slope exceeding the 15-degree limit permitted by the UTV manufacturer. At the time of the incident, the vehicle was operating on a 20-degree hill, which allowed it to roll over and fatally injure the employee. As a result, the company was cited for one willful violation under the Occupational Safety and Health Act’s general duty clause and was placed in OSHA’s Severe Violator Enforcement Program.

“This tragedy could have been prevented by simply complying with the manufacturer’s instructions. After a previous UTV rollover incident in central Pennsylvania in July 2012, Davey Tree acknowledged the UTV’s slope limitations and the hazardous conditions associated with operating the vehicle on rugged terrain,” said Christopher Robinson, director of OSHA’s Pittsburgh Area Office. “Even with this knowledge, Davey Tree continued to expose workers to dangerous rollovers and permitted UTV use on steep slopes.”

Davey Tree provides residential and commercial tree and landscape services throughout North America. The company employs approximately 7,000 employees. OSHA proposed a $70,000 penalty for this violation.

Proframing Contractors Repeatedly Exposes Roofers to Potentially Fatal Fall Hazards

In the past eight years, Proframing Contractors, Inc., was cited for 10 violations when it allowed employees to work on roofs without fall protection and then refused to pay the majority of its associated penalties from OSHA. On October 24, 2014, OSHA inspectors again observed three company employees who worked at heights of up to 20 feet without fall protection on a commercial building in Gahanna, Ohio. As a result, the Pickerington-based company was cited for two willful, two serious and one repeated safety violation. Proposed penalties total $68,200.

“Proframing Contractors has shown repeatedly that it does not value the safety of its employees. There is no excuse when it comes to providing the necessary equipment to keep workers safe,” said Deborah Zubaty, OSHA’s area director in Columbus. “Falls are a leading cause of death in the construction industry, and many fatalities occur when a worker falls from a height of 10 feet or less.”

OSHA determined that on-site workers did not use basic protection, such as guardrails, safety nets, warning-line systems or personal fall arrest systems, while they installed roof framing and sheathing, a violation of OSHA’s construction safety standards. A second willful violation was cited for Proframing Contractors’ failure to train employees on fall hazards and procedures.

Employees also were observed using a nail gun without eye protection. The company was cited previously for this violation in 2012 at a work site in Dublin.

In addition, a serious violation was cited for workers exposed to struck-by hazards from a damaged powered industrial vehicle used to move materials.

 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.

The campaign launched in 2012.

Exposing Workers to Electrical Shock, Other Hazards Yields Fines of $66,400 for C & H Die Casting Inc.

Twice in 18 months, C & H Die Casting, Inc., has exposed workers to safety hazards, OSHA found, leading the agency to cite the Troy, Texas-based company for 15 serious safety and health standards violations with proposed penalties of $66,400.

“Once again, C & H has failed to provide a workplace free from hazards that could seriously harm workers,” said Casey Perkins, OSHA’s area director in Austin. “Waiting until a worker has been injured or killed to find and fix these hazards is unacceptable.”

During the 2013 inspection, C & H Die Casting was cited for violating 30 serious safety and health OSHA standards, including using spliced electrical cords. The citations carried $112,500 in proposed fines. In September 2014, inspectors discovered workers still being exposed to electrical shock hazards. This repeated violation carried a $22,000 penalty.

Also cited were 14 serious safety violations with a $44,400 penalty. OSHA cited the serious violations for failure to repair damaged and uneven concrete floors; failure to guard belts, pulleys, and shafts; and numerous electrical violations, including spliced welding cables, uncovered welding terminals, missing grounding prongs on electrical cords and unlabeled circuit breaker panels.

 

Olympia Chimney Supply Exposes Employees to Serious Hazards and Injuries

In the past few years, Olympia Chimney Supply, Inc., employees have suffered crushed fingers, amputation of multiple fingertips and entire fingers, but serious safety violations persist at the Scranton-based company. A June 2014 inspection by OSHA found Olympia workers again exposed to a number of serious machine hazards.

For failure to take proper precautions to prevent the dangers of amputation, laceration and crushed fingers, Olympia was cited for 14 safety violations with fines totaling $49,000.

“Olympia’s record reveals that employees have suffered more than 20 injuries in the past few years, including lacerations, crushed and pinched fingers, multiple fingertip amputations and the amputation of several fingers,” said Mark Stelmack, director of OSHA’s Wilkes-Barre Area Office. “This company must do a better job of protecting its employee from these serious, yet preventable, injuries.”

OSHA inspectors found several machines at the facility were not guarded properly, and discovered deficiencies in the company’s lockout/tagout program, which prevents inadvertent machine start-ups during maintenance. As a result, OSHA issued citations for 13 serious violations. An additional citation was issued for an electrical hazard.

Robertson Incorporated Bridge and Grading Division Cited after 16-Year-Old Laborer Dies

A 16-year-old laborer was fatally struck by the swinging cab and boom of a crane being disassembled by Robertson Incorporated Bridge and Grading Division at a construction site in Delta, Missouri, on June 18, 2014. An OSHA investigation found the crane operator was unaware that the teen was directed to stand in an inadequately marked danger zone. The teen also was not provided required protective headgear. OSHA cited the company for 13 serious safety violations.

“This is a tragic death involving a teenager who should not have been allowed to work on the job site. Clearly, the law prohibits children from being involved in the disassembly of heavy-duty construction machinery,” said Bill McDonald, OSHA’s area director in St. Louis. “Robertson Incorporated Bridge has a responsibility to train workers in hazards, adequately mark hazardous operations areas and provide competent supervision and protective equipment.”

In addition to the struck-by hazard that resulted in this young man’s death, OSHA’s investigation found a lack of employee hazard recognition training contributed to the fatality. The company also failed to document required inspections of the crane’s wire rope and hook.

OSHA found multiple safety violations that included worker exposure to fall hazards of nearly 7 feet from unguarded machine platforms and failure to implement procedures, such as machine guarding that protects workers from contacting operating machinery parts, exposing workers to serious amputation risks and hazards. These violations are among the most frequently cited violations by OSHA and put workers at risk for amputation and injuries. Robertson Incorporated Bridge also failed to inspect portable fire extinguishers or train employees in their use.

OSHA has proposed penalties of $44,730.

The department’s Wage and Hour Division also assessed civil money penalties of $11,000 for violating Hazardous Order Number 7, which prohibits minors under age 18 from operating or assisting in the operation of power-driven hoists.

Dorney Park and Wildwater Kingdom Fail to Protect Workers from Heat Hazards, Illness

OSHA cited Cedar Fair LP, operators of the Allentown, Pennsylvania, amusement park, following a June 9, 2014, investigation initiated in response to a complaint alleging that a teen worker sustained burns upon collapsing near a fryer in a food stand.

"In summer temperatures, amusement park workers face an increased risk of heat-related illness and death," said Jean Kulp, director of OSHA's Allentown Area Office. "The threat of heat stress can be reduced significantly by establishing a heat illness prevention program for indoor and outdoor workers. The program should include effective training; consistently available water and shaded breaks; a thorough review of heat illness incidents; and acclimatization."

The company faces a proposed fine of $7,000, the maximum penalty permitted for a serious violation.

An additional record-keeping violation was cited, with a $2,000 penalty.

 

MSHA Announces Results of its 16 November Impact Inspections

The US Department of Labor's Mine Safety and Health Administration announced that federal inspectors issued 199 citations and 19 orders during special impact inspections conducted at 10 coal mines and six metal and nonmetal mines in November.

The monthly inspections, which began in force in April 2010, involve mines that merit increased agency attention and enforcement due to their poor compliance history or particular compliance concerns. The inspection details of two of the mines are listed below:

On November 6, MSHA conducted an impact inspection at the Regent Allied Carbon Energy, Inc.'s, No. 2 Mine, in Wise County, Virginia, during the day shift. Enforcement personnel immediately secured the mine's communication systems to prevent advance notice of the inspection. The team inspected two mechanized mining units (MMUs), belt lines, and surface equipment and installations and issued 28 citations and seven orders.

Inspectors observed accumulations of combustible materials in the form of coal, coal fines, and coal dust on the MMU. These accumulations were obvious and extensive and measured up to 1.5-2 feet in depth and up to a distance of 50 feet between entries. Inspectors issued an unwarrantable failure order for the operator's failure to conduct an adequate pre-shift examination of the section. The accumulations of combustible materials, along with other accumulations violations found throughout the mine, created potential fire and explosion hazards.

MSHA issued an order shutting down the mine's belt lines because the mine operator did not comply with its approved ventilation plan. The water supply to the system of water sprays that suppress dust along the belt lines was not on. Approved ventilation plans control methane liberation, protect miners from black lung and prevent the risk of frictional ignitions. The lack of adequate fire and dust suppression exposes miners to respiratory hazards that increase their risk of developing black lung, silicosis, and other respiratory diseases, as well as potential fire and explosion hazards.

MSHA issued the mine operator an unwarrantable failure citation for mining without ventilation curtains in place to control dust and ventilate gasses from the mine. The operator also was issued an unwarrantable failure order for failure to conduct an adequate on-shift examination.

Since April 2010, MSHA has conducted 851 impact inspections and issued 13,466 citations, 1,219 orders and 55 safeguards.

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