The Mine Safety and Health Administration (MSHA) has released a midyear summary of mining deaths across the country. During the first half of 2012, 19 miners died in work-related accidents at the nation’s mines.
Among 10 coal mining deaths, three resulted from slips or falls, two from rib falls, and one each from the following categories: exploding vessels under pressure, drowning, handling materials, machinery, and electrical. An uncharacteristic trend identified is that five of these fatalities—three involving mine supervisors—occurred on five consecutive weekends.
Among nine metal and nonmetal mining deaths, four were attributed to powered haulage incidents, two were the result of a falling face/rib/highwall, and one each was linked to an accident involving machinery, falling material, and a person falling.
Fatalities can be prevented by using effective safety and health management programs in the workplace. Workplace examinations for hazards—pre-shift and on-shift, every shift—can identify and eliminate hazards that kill and injure miners. Effective and appropriate training positions miners to recognize and understand hazards and find ways to control or eliminate them. Furthermore, miners must be free to exercise their rights under the Federal Mine Safety and Health Act of 1977 (Mine Act) and be full participants in maintaining a safe and healthful workplace.
This information also has been provided directly to miners, mine operators, and mine safety trainers.
How to Prepare for OSHA’s Globally Harmonized Hazard Communication Standard (GHS)
This means that virtually every product label, MSDS (called “safety data sheet” or SDS under the new standard), 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.
Environmental Resource Center is offering webcast training for you to learn how the new rule differs from current requirements, how to implement the changes, and when the changes must be implemented.
- August 15
- October 2
How to Author GHS Safety Data Sheets
How to Label Hazardous Chemicals Using OSHA’s New GHS Hazcom Standard
Greensboro RCRA and DOT Training
Dallas RCRA and DOT Training
Birmingham RCRA and DOT Training
Hot Tips for a Cool Summer
Here’s a list of hot tips that can help save money, cut energy costs, and protect public health during the summer months, including:
MSHA Assistant Secretary Main Addresses Concerns of Aggregate Associations
In remarks in Florence, Kentucky before representatives of several Midwest state aggregate associations, Assistant Secretary of Labor for Mine Safety and Health Joseph A. Main outlined a number of important initiatives and reforms his agency has undertaken over the last two years.
Since his appointment in October 2009, Main has placed the MSHA on an aggressive path to improve overall conditions for miners. The disaster that killed 29 miners at the Upper Big Branch Mine in April 2010, however, changed everything. “It unquestionably shook the very foundation of mine safety and health, and caused all of us to take a deeper look at the weaknesses in the safety net expected to protect the nation’s miners,” said Main. “There has been an intense examination of that tragedy, and MSHA and the industry have undergone significant change as we have sought to find and fix deficiencies in mine safety and health.”
Actions by MSHA and some in the mining industry have resulted in positive change, and Main pointed to a number of specific improvements. For example, in 2011 MSHA inspected approximately 14,170 mines and issued 157,613 citations and orders—an 8% decline in issuances from 2010, during which MSHA issued 170,909 citations and orders. The number of significant and substantial, known as S&S, citations and orders (those contributing to a safety or health hazard that is likely to result in a reasonably serious injury or illness), dropped 12% from 2010 to 2011.
In 2011, 37 miners died on the job, the second-lowest number since statistics first were recorded in 1900.
MSHA also has increased its emphasis on health issues, noted Main, including the need for mine operators to monitor their employees’ exposure to harmful air contaminants by conducting dust, gas, mist, and fume surveys to determine the adequacy of control measures.
He discussed changes and improvements in MSHA’s Small Mine Consultation Program to make it more efficient and able to work more closely with state aggregate associations.
Finally, he outlined several initiatives in which MSHA, aggregate associations and other stakeholders have collaborated to advance the health and safety of miners related to guarding, fall protection, and improvements in enforcement consistency and compliance.
The following initiatives are among those Main discussed:
- Enhanced enforcement: Following the Upper Big Branch Mine disaster, MSHA initiated its impact inspection program targeting mines that merit increased attention and enforcement due to poor compliance records. From April 2010 through May 2012, MSHA conducted 452 impact inspections at mines, resulting in 8,106 citations, 811 orders, and 32 safeguards, for a total of 8,949 issuances. Compliance has improved at mines receiving impact inspections: Since September 2010, violations per inspection hour are down 13%, S&S violation rates are down 21%, 104(d) orders are down 43%, and the total lost-time injury rate is down 13%.
- Under MSHA’s Pattern of Violations (POV) program, mines are screened to determine if they have met the potential POV criteria. If they do, they are required to make compliance improvements to avoid POV closure orders when S&S violations are found. MSHA has strengthened the criteria for POV and, since November 2010, has placed two mines on a POV, marking the first time in the history of the Mine Act that mines successfully have been subject to a POV closure order. In 2011, eight mines were issued potential POV notices, down from 17 in 2010. A review of 14 mines that received potential POV notices in 2010 indicated that the total violation rate is down 23%, the S&S violation rate is down 42%, the rate of 104(d) withdrawal orders is down 64%, and the lost-time injury rate down is 44%. MHSA also has created a new online tool that can track whether a specific mine meets potential POV criteria.
- This multiphase initiative, which includes education and training, focuses on the most common causes of mining deaths and the standards cited most often in mining death investigations.
- Guarding-related citations and orders are down 39% from 2010. A sequel to this guide, which will provide detailed compliance information on all types of equipment guarding other than conveyor belts, will be released soon.
- Fall protection: In June, MSHA published a program policy letter clarifying compliance with the fall protection standard. The policy recognizes that, in many cases, OSHA’s standard on unprotected sides and edges would satisfy MSHA’s standard. However, the policy also provides that MSHA will evaluate (on a case-by-case basis) “all work area hazards to ensure appropriate fall protection provisions are in place to protect miners from fall hazards.”
- Pre-assessment conferencing: This process was implemented in MSHA districts where resources permit and allows disputes to be resolved before they are contested and added to the backlog of contested cases.
- Mine emergency preparedness: MSHA, working with its stakeholders, has made significant progress in developing technologies to aid in mine rescue, improving command and control capabilities, and increasing mine emergency response.
- Consistency in mine inspections: MSHA has improved oversight of the inspection program and consistency in the enforcement of the Mine Act with a new training program for all field office supervisors. All supervisors have received the training to date and will receive re-training every two years. A half-day course on professionalism and consistency has been added to the two-week refresher training for each metal and nonmetal mine inspector.
- Corrective actions for improving MSHA’s effectiveness: An internal review of MSHA’s actions in the months leading up to the Upper Big Branch Mine disaster has resulted in the initiation of several corrective actions, including a comprehensive review of agency directives and guidance, a complete overhaul of policy directives, increased oversight of MSHA programs, and further training of MSHA personnel.
OSHA, FRA Sign Agreement to Protect Workers From Retaliation
The act protects railroad employees from retaliation when they report safety violations, or work-related personal injuries or illnesses.
Rail safety regulations are developed and enforced by the FRA in cooperation with rail stakeholders, including rail labor organizations. Through inspection, enforcement, and education, the FRA plays a key role in rail safety, and railroads are among the safest modes of transportation for passengers and freight. The FRA has broad authority over rail safety but does not have direct authority to address whistleblower incidents.
Whistleblower complaints in the railroad industry have been on the rise in recent years. Between 2007 and 2012, OSHA received more than 900 whistleblower complaints under the FRSA, and almost 63% involved an allegation that a worker was retaliated against for reporting an on-the-job injury.
The memorandum establishes procedures for the agencies to follow for whistleblower complaints. 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 will jointly 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.
FRA and OSHA also sent a joint letter to railroad and transportation associations that expresses the agencies’ commitment to working together to ensure that injury/illness reporting is as accurate and consistent as possible. The letter highlights troubling railroad reporting trends and provides concrete ways that the associations’ member organizations can improve workplace safety and improve compliance with federal regulations.
OSHA Finds Two Companies in Violation of FRSA for Retaliating Against Whistleblowers
The Department of Labor has ordered two railroad companies to pay three workers a total of $650,729.14 in back wages and damages for retaliating against them for reporting workplace injuries and safety concerns. The orders resulted from investigations conducted by OSHA, which were initiated upon receiving complaints from the employees.
OSHA conducted the investigations under the whistleblower provisions of the FRSA, as amended by the 9/11 Commission Act of 2007. Railroad carriers are subject to the FRSA, which protects employees who report violations of any federal law, rule, or regulation relating to railroad safety or security, or who engage in other protected activities.
OSHA determined that Illinois Central Railroad violated the FRSA by retaliating against two employees in separate incidents for reporting workplace injuries at the Markham Railroad Yard in Markham, Illinois.
The first employee, a conductor, was injured in August 2008 when he was knocked unconscious and sustained injuries to his shoulder, back, and head while switching railcars in the Markham Yard. A knuckle that connects the cars allegedly broke, causing the cars to suddenly jolt and the employee to fall. The railroad held an investigative hearing and consequently terminated the conductor, alleging that he had violated safety rules. However, OSHA found that the worker was terminated in reprisal for reporting a work-related injury. The department’s order requires the railroad to pay the conductor a total of $269,707.27, which includes $81,393.49 in back wages, $4,695.78 in vacation pay, $4,368 for medical bills, and $4,250 in attorney’s fees, as well as punitive damages of $100,000 and compensatory damages of $75,000.
The second employee, a carman, reported an arm/shoulder injury that occurred in February 2008. While walking along a platform to inspect railcars in the poorly lit yard, the carman slipped on ice and tried to catch himself, which jolted his left arm and shoulder. The railroad held an investigative hearing and consequently terminated the carman’s employment for allegedly violating the company’s injury reporting procedures. OSHA concluded that the carman had properly reported the injury, and has ordered the railroad to reinstate the worker if he is medically released by his physician and passes a functional capacity evaluation. Additionally, the railroad must pay the employee a total of $154,694, including $14,694 in back wages, punitive damages of $75,000, and compensatory damages of $65,000.
In the third incident, OSHA determined that Chicago Fort Wayne & Eastern Railroad violated the FRSA by terminating a conductor in retaliation for raising concerns about workplace safety while serving in his role as local chairman of the union and for reporting that a trainmaster had instructed him to operate a train in violation of certain FRA rules in June 2009 near Fort Wayne, Indiana. The railroad alleged that the conductor was terminated for failing to pass a locomotive engineer certification test. OSHA’s order requires the railroad to provide the conductor with training and another opportunity to pass the test, and then upon his passing the test to reinstate his employment under the same terms and conditions as if he had passed the exam in 2009. Furthermore, the railroad must pay the conductor a total of $226,327.87, including back wages of $67,736.12, compensatory damages of $75,000, punitive damages of $75,000, and attorney’s fees of $8,591.75.
SSA Marine Cited after Worker Crushed to Death by Shipping Container
OSHA has cited stevedoring services company SSA Marine with five safety violations—including one willful—following an investigation into the January 19 death of a worker at the port of Long Beach, California. OSHA’s investigation determined that the worker was fatally crushed when a 40-foot-long shipping container was dislodged from the top of a stack of containers during unloading operations aboard the vessel Cosco Japan.
The willful violation involves failing to prohibit employees from working beneath a suspended container. 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 citation carries a proposed penalty $70,000.
Three serious violations include exposing workers to crushing hazards when they were permitted to pass near or around the deck loads, failing to provide accident prevention courses to immediate supervisors of a cargo handling operation of more than five persons and failing to provide supervisors who oversee five or more machinery operators with training on accident prevention within 90 days of their appointments. 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. The citations carry proposed penalties of $21,000.
One other-than-serious violation involves failing to record workplace injuries and illnesses as required in the OSHA 300 log. 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. The citation carries a proposed penalty of $1,100.
Proposed penalties total $92,100.
OSHA Cites Contractor for Fall Hazards at Work Site
OSHA has cited Allied Brothers Construction Inc., of Bloomfield, New Jersey, for alleged repeat and serious violations of workplace safety standards at a Montebello, New York, work site. The contractor faces a total of $89,100 in proposed fines. OSHA opened an inspection of the residential construction site in February after receiving reports of fall hazards.
OSHA found employees exposed to falls of up to 13 feet while working without protection atop roofs, and while accessing and exiting roofs using ladders that did not extend at least three feet above the landing for proper stability. Allied Brothers Construction also allowed its employees to work without first receiving necessary training to recognize and avoid such hazards. Between 2007 and 2012, OSHA cited this company for similar hazards at work sites in New Milford, Oradell, Patterson, Rutherford, and Upper Saddle River, New Jersey. As a result, OSHA issued has citations in the current case with $79,200 in proposed fines for four repeat violations. 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 within the last five years.
OSHA also has issued citations with $9,900 in fines for three serious violations involving an improperly rigged fall arrest system, an unguarded belt and pulley on a compressor, and the use of a defective ladder.
Tenneco Automotive Cited for Exposing Employees to Hexavalent Chromium
Tenneco Automotive Operating Co., Inc.’s, Hartwell, Georgia, manufacturing plant has been cited by OSHA for 16 safety and health violations. OSHA opened an inspection in February in response to a complaint alleging hazards. Proposed penalties total $79,300.
Some of the 14 serious violations involve a failure to protect employees from exposure to hexavalent chromium, including ensuring that employees working with and around the toxic chemical compound removed their contaminated clothing and showered before exiting the facility after a shift. Management also did not provide free medical surveillance for employees exhibiting symptoms related to hexavalent chromium. Other serious violations include tripping and fall hazards, as well as inadequate rules regarding respirator usage. The citations carry $78,200 in proposed 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. Irritation or damage to the eyes and skin can occur after contact with hexavalent chromium in high concentrations or for a prolonged period of time.
Two other-than-serious violations involve improper record keeping in the OSHA log and allowing a temporary electrical extension cord to be used as permanent wiring. The citations carry $1,100 in proposed penalties.
Tenneco Automotive Operating Co., Inc., is a division of Tenneco Inc., a global transportation components manufacturer headquartered in Lake Forest, Illinois, that has more than 80 facilities on six continents.
Nebraska Prime Group Cited After Worker Fatality at Meat Packing Facility
OSHA opened an inspection after a worker had become caught in a machine and was asphyxiated on January 18.
The worker was asphyxiated when his clothing got caught in the drive roller of a hide belt. Two related willful violations involve improper machine guarding—which exposes employees to amputation and strangulation hazards—and not supplying sufficient number of lockout devices for all servicing and maintenance employees to secure the energy sources of mechanical equipment.
Nine serious violations involve a failure to: train workers on protecting themselves from hazards associated with loose clothing around moving equipment; conduct periodic inspections of energy control procedures; properly train workers in energy control procedures; prevent unauthorized alterations to forklifts; maintain legible data-plates for forklifts; train and evaluate the competency of powered industrial truck operators; keep powered trucks that are in need of repair out of operation; regularly inspect forklifts; and correctly use electrical cords and cables.
Raani Corp. Cited for 14 Safety and Health Violations at Plant
OSHA has cited Raani Corp., in Bedford Park, Illinois, for 14 safety and health violations, such as failing to protect workers from improperly guarded power saws and hazardous chemicals, among others. OSHA initiated a safety inspection on February 14 and a health inspection on February 24. Proposed penalties from both inspections total $60,300.
Six serious safety violations involve failing to perform inspections of the electrical lockout program for machines’ energy sources; guard saws, sanders, and grinders; and conduct daily forklift inspections. Six serious health violations involve failing to evaluate and label permit-required confined spaces, repair welding cables, properly enclose electrical receptacles located in a wet area, and determine workers’ 8-hour time-weighted averages for exposures to chromium, benzene, and formaldehyde.
One other-than-serious health violation is failing to properly maintain OSHA 300 logs to record injuries and illnesses and one other-than-serious safety violation is failing to ensure that proper electrical wiring is used in a hazardous location.
In December 2011, a worker died from chemical burns sustained at the plant. OSHA conducted an investigation and issued citations in May, carrying proposed penalties of $473,000, for 14 violations. OSHA also placed Raani Corp., in the agency’s Severe Violator Enforcement Program, which focuses on recalcitrant employers that endanger workers by committing willful, repeat, or failure-to-abate violations and mandates targeted follow-up inspections to ensure compliance with the law. Raani Corp., has contested the citations and fines.
Raani Corp., manufactures health care items, over-the-counter pharmaceuticals, and household and salon products. The company employs about 150 workers, of whom nearly half are temporary day workers.
Quail International Cited for 23 Violations at Plant
OSHA has cited Quail International Inc., with 23 safety and health violations at the company’s Greensboro, Georgia, plant following an inspection that was initiated in January based on a complaint. Proposed penalties total $92,115.
Citations with $68,715 in penalties have been issued for 16 serious safety violations, including exposing workers to struck-by and electrical hazards as well as failing to protect workers from hand injuries, determine whether personal protective equipment such as eye protection is needed in the de-boning room, create specific steps to ensure that processing equipment will not accidentally start up while being cleaned, monthly inspect or annually maintain portable fire extinguishers, and make exits in the de-boning room operable.
Citations with $23,400 in penalties have been issued for four serious health violations, including an unsanitary restroom, exposing workers to noise levels that exceed OSHA standards, and failing to provide hearing protection and annual audiograms for workers exposed to excessive noise.
Citations with no monetary penalties have been issued for three other-than-serious safety violations, including using a flexible electrical cord as permanent wiring, stringing electrical wiring through holes in the ceiling, and improperly splicing a flexible electrical cord with duct tape in the shipping department.
Quail International processes and distributes quail meat.
OSHA cites Concrete Recycling Company for Safety Hazards After Worker Fatality
OSHA has cited a demolition and concrete recycling company in Newark with 11 serious safety violations. The company uses two names: T. Fiore Demolition Inc., and T. Fiore Recycling Corp. OSHA initiated an investigation following the death of a worker who was crushed in a conveyor belt. The company failed to install machine guarding prior to allowing the worker to operate alongside the conveyor system.
The serious violations involve inadequate guardrails; inadequate grab bars on fixed ladders; a lack of safe access to scaffolds; unsafe debris accumulation on scaffold platforms, which creates trip and fall hazards; a lack of lockout/tagout training and procedures for machines’ energy sources as well as not providing lockout/tagout devices to workers who service dangerous equipment; unguarded moving machine parts, belts, and pulleys; and the improper storage of compressed gasses.
T. Fiore employs 33 workers at the facility. Proposed penalties total $47,600.
US Department of Labor Sues American Bronze Foundry and Orders Reinstatement of Whistleblower Fired for Complaining about Lead Exposures
The Department of Labor has sued American Bronze Foundry Inc., as well as owner Charles Wambold, co-owner Renee Wambold and manager Jennifer Schiffermiller, for allegedly terminating an employee who raised health concerns about potential lead overexposures at the foundry’s principal place of business in Sanford, Florida. The lawsuit is based on an investigation by OSHA that found the firing violated the whistleblower provisions of Section 11(c) of the Occupational Safety and Health Act (OSH Act).
The suit seeks to have the employee reinstated and paid back wages, interest, and compensatory and punitive damages. Additionally, the suit requests that the employee’s personnel records be expunged with respect to the matters at issue in this case, the employer be barred against future violations of the OSH Act by a permanent injunction, and the court grant any other appropriate relief.
The employee allegedly reported concerns to management about the lead content of the bronze used by American Bronze. Dissatisfied with management’s response, the employee proceeded to file a health complaint with OSHA on April 5, 2010. The next day, OSHA notified American Bronze of the complaint and the alleged hazard. Upon entering the workplace on April 7, 2010, the employee was terminated. The employee filed a timely whistleblower complaint with OSHA, which investigated and concluded that the company had unlawfully and intentionally terminated the worker for engaging in activity protected by the OSH Act.
American Bronze Foundry is a privately owned bronze fine art foundry.
Group Home and Adult Day Care Operator Cited for Inadequate Workplace Violence Safeguards
OSHA opened an inspection of the group home and adult day care center in January following reports of increasing severity of attacks against workers. The citation carries a proposed penalty of $4,900.
OSHA cited the employer for exposing employees to repeated instances of violent behavior, aggressive physical contact and attacks by a patient in the residential habilitation program. OSHA also determined that the company failed to identify and abate existing and developing hazards associated with workplace violence.
South Park provides round-the-clock care for people with developmental disabilities. The company employs approximately 75 full-time workers and operates multiple residential rehabilitation apartments and homes in Pocatello and Shelley, Idaho.
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