Assistant Secretary of Occupational Safety and Health Dr. David Michaels announced the alliance renewal at the National Safety Council Congress & Expo in San Diego, California. “We look forward to continuing our collaboration with the National Safety Council to educate and train employers on preventing workplace hazards,” Michaels said. “Through our continued work with the NSC, we are working with employers to create a culture of safety to better prevent workplace injuries and illnesses.”
During the five-year agreement, the alliance will use data on injuries and illnesses, workers’ compensation experience, and exposure hazards in general industry and construction to help identify new areas of emphasis. The alliance will support the NSC’s “Journey to Safety Excellence” campaign, which aims to educate employers on how investing in worker safety and health protections can significantly improve their productivity and profitability. Through this commitment to workplace safety, both businesses and workers succeed.
The alliance will also include the development of outreach materials on preventing falls, motor vehicle safety, emergency response, and the importance of establishing an injury and illness prevention program. Additionally, the alliance will develop a case study on preventing falls from heights in construction, with a focus on the causes of fall protection failures and what companies can do to assure an effective fall prevention program.
NSC is a non-profit, public service organization, founded in 1913, that offers training, educational programs and materials, consulting, and advocacy on various safety and health topics. The organization represents 14,000 employers and more than six million workers employed by NSC members.
The purpose of each alliance is to develop compliance assistance tools and resources, and to educate workers and employers about their rights and responsibilities. Alliance Program participants do not receive exemptions from OSHA inspections or any other enforcement benefits.
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.
Environmental Resource Center is offering live online 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.
EPA’s New Solvent Wipe, Shop Towel Rule Demystified
- Does the rule apply to both cloth and paper wipes and rags?
- What solvents can be on the towels, and which are prohibited?
- Does the rule also apply to towels that contain characteristic hazardous waste?
- Can P or U-listed wastes be on the towels?
- How must the towels be stored on-site?
- Do they need to be tested for anything?
- How long can they be stored?
- How must the containers be marked or labeled?
- How must they be prepared for transportation?
- Where can you ship them and what are the disposal and recycling options?
- What are the documentation requirements?
- How is the new rule impacted by current state regulations?
San Antonio RCRA and DOT Training
Cary HAZWOPER 8-Hour Refresher, RCRA, and DOT Training
Spartanburg RCRA and DOT Training
Indiana Issues Workplace Fatality Report
The IDOL reported 123 worker deaths in 2013.
“The Indiana Department of Labor remains committed to promoting safe workplaces for all Hoosiers through outreach, training, safety consultations, recognition for exemplary businesses, and enforcement,” said IDOL Commissioner Rick J. Ruble. “We strive to help Indiana employers improve their safety and health practices to adopt a culture of safety.”
In general, worker fatalities have continued to decrease over the past 22 years from a high of 195 in 1994 to a record low of 115 in 2012. Although an increase over last year, 2013’s 123 remains the third-lowest number of fatalities on record for the state.
Key statistics from the 2013 CFOI report include:
- 123 Indiana employee fatalities occurred in 2013
- 58 fatalities were from transportation-related incidents, with more than half the workplace transportation-related deaths (32) attributed to roadway incidents involving motorized vehicles.
- Fatalities in Indiana’s construction industry decreased 32% (from 22 in 2012 to 15 in 2013)
The preliminary review of 2013 workplace fatalities shows the number-one cause of worker fatalities in Indiana was vehicle crashes. In 2014, Indiana began the Drive Now, TXT L8R safety campaign aimed at reducing texting while driving.
JC Stucco and Stone Inc. Willfully Exposed Workers to Fall Hazards, Fined $235,700
OSHA’s March 2014 inspection was initiated in response to a referral by the Philadelphia Department of Licenses and Inspections due to an imminent threat to worker health and safety at the site. The investigation found workers were exposed to fall hazards while applying stucco to the exterior of a residential construction site in Philadelphia. The proposed penalties total $235,700.
“This employer was placed in OSHA’s Severe Violator Enforcement Program in 2011 after multiple instances of repeated, high-gravity violations,” said Nicholas DeJesse, director of OSHA’s Philadelphia Area Office. “By refusing to provide the proper fall protection, this company is putting workers’ lives at risk. Falls are the leading cause of death in construction. Protecting workers from fall hazards must be a priority.”
The willful violations, carrying a $200,500 penalty, were cited for the company’s failure to use scaffolding with adequate bracing to prevent tipping or collapse and to provide fall protection for employees working up to a height of 32 feet. 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.
In addition, the agency issued repeat citations, with a $35,200 penalty, for additional scaffolding hazards, lack of training on fall dangers, and the company’s failure to develop and implement a hazard communication program. The company was cited for similar violations in 2011 and 2012. 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.
Mezger Enterprises Ltd. Fined $234,900 for Exposing Workers to Amputation, Hearing Loss
A referral was then made for a safety inspection to address machine guarding concerns. That inspection was expanded to include overhead cranes and other safety concerns.
“Employers are responsible for providing safe and healthful working environments, and this inspection found Mezger Enterprises woefully short in meeting their responsibilities,” said Casey Perkins, OSHA’s area director in Austin. “Failing to inspect cranes, maintain electrical equipment in a safe condition, guard cutting machines, and ensure hearing protection for workers is unacceptable and will not be tolerated.”
The two willful violations, with a penalty of $126,000, were cited for failure to conduct hearing tests for workers exposed to noise levels exceeding 90 decibels—in this case, exposures ranged up to 99 decibels averaged over the eight-hour workday, and failure to guard large, circular stone saws—a hazard that could result in severe injury or death.
The 23 serious violations, with a penalty of $108,000, were cited for failure to provide proper sanitation, guard machines, inspect cranes, and repair electrical hazards. 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.
Two other violations, with a $900 fine, were cited for failure to maintain the injury and illness logs and provide workers with the respiratory protection standard’s Appendix D for voluntary use of respirator devices.
MCM Industries Co. Fined $126,700 for Exposing Workers to Dangerous Machine Hazards
OSHA has proposed penalties of $126,700 for the Cleveland manufacturing plant, which produces special coiled steel products and springs for the transportation, automotive, and agricultural industries.
“Power presses require a lot of operator involvement, which provides opportunities for serious injury and even death if extreme care and safety precautions are not in place,” said Howard Eberts, OSHA’s area director in Cleveland. “MCM Industries knew how dangerous these machines could be and failed to keep workers safe at this facility.”
OSHA’s March 27, 2014, inspection was initiated after a complaint was received. The inspection found that workers were exposed to amputation injuries because mechanical power presses did not have required guards. The company was cited for one willful violation.
Other amputation hazards, such as lack of machine guarding and failure to implement specific lockout/tagout procedures to prevent machinery from operating during service and maintenance were also found at the facility.
Worker Fatally Engulfed in Grain Elevator, Prairie Ag Partners Cited
A worker was fatally injured when he became engulfed in flowing grain in a railcar load-out elevator at Prairie Ag Partners in Lake Preston, South Dakota. The incident occurred on March 15, 2014, when the worker attempted to remove a jam from a chute while the auger operated.
“A worker can be completely submerged in flowing grain within a matter of seconds. Allowing workers to move grain while machines are operating can cause the worker to become entangled in this dangerous equipment and become submerged. That is what happened in this case, and a worker paid with his life,” said Eric Brooks, OSHA’s area director in Bismarck. “If Prairie Ag Partners had followed basic safety standards, this tragic incident could have been prevented.”
OSHA’s inspection found that Prairie Ag Partners allowed employees inside the grain bin while the auger and conveyor systems operated, despite a comprehensive safety and health program in place that outlined how to keep workers safe in the grain bin. This resulted in the willful violation being issued.
The company failed to complete a confined space entry permit before allowing workers to enter grain bins and to provide fall protection for workers exposed to falls of up to 60 feet while performing work activities around an unguarded floor opening in the main elevator shaft. Prairie Ag Partners was previously cited for these violations in 2010 at its Lake Preston and Oldham, South Dakota, grain elevators.
Additional citations were issued for other violations related to OSHA’s permit-required confined space regulations and grain handling standards. A confined space is one large enough for workers to enter and perform certain jobs, has limited or restricted means for entry or exit, and is not designed for continuous occupancy. OSHA found that Prairie Ag Partners failed to implement training and procedures for safe entry into the grain bin, including testing the atmosphere for the presence of combustible gases, vapors, and toxic agents.
Over 40 Safety and Health Violations Found at Wayne Lumber and Mulch Inc.
Wayne Lumber and Mulch, Inc., continues to expose employees to willful, repeat, and serious safety and health hazards at the company’s sawmill in Wayne, West Virginia. The employer faces $85,080 in proposed penalties following two OSHA investigations. During this inspection, investigators noted high noise levels in the mill and made a referral for a second health inspection, which OSHA conducted in July.
“This company violates safety and health standards and put its employees at risk of serious injuries and hearing loss over and over again. OSHA will not tolerate this type of blatant disregard for worker safety,” said Prentice Cline, director of OSHA’s Charleston Area Office. “Employers like Wayne Lumber and Mulch will be held legally accountable when they fail to provide a safe and healthy workplace.”
Two willful violations, with a $17,600 penalty, were cited for failing to check fire extinguishers annually and not maintaining the fire extinguishers for emergencies.
Six repeat violations were cited, including additional violations for failing to inspect fire extinguishers regularly. The company did not have a collection system to remove combustible sawdust and shavings from work areas, and floors were not maintained properly. Another violation was cited for an elevated mill platform that was not equipped with a stairway. These violations carried a $21,120 penalty. The company was previously cited in 2011 for similar violations.
Thirty-one serious violations, with a $45,920 penalty, related to noise, electrical, fall, egress, and amputation hazards, and the failure to guard equipment properly; provide personal protective equipment; establish an energy control program for performing service and maintenance on equipment; and train and evaluate workers on operating powered industrial trucks.
This carried a $440 penalty.
Portage Precision Polymers Exposes Workers to Combustible Dust, Amputation, Other Serious Hazards
Portage Precision Polymers of Ravenna, Ohio, has been cited by OSHA for 15 serious safety and health violations, carrying proposed penalties of $61,600, after a complaint prompted an inspection.
“Combustible dust can burn rapidly and explode with little warning, putting workers at risk for severe injury and death,” said Howard Eberts, OSHA’s area director in Cleveland. “OSHA’s inspection found that Portage Precision Polymers used potential ignition sources, like powered industrial trucks and electrical equipment, in areas where combustible dust was present. This is dangerous and unacceptable.”
OSHA’s March 13, 2014, inspection found workers were exposed to the combustible dust while working in the facility. For the exposure, the company was cited with one serious violation. If this dust is suspended in the air in the right concentration, under certain conditions, it can become explosive. The force from such an explosion can cause employee deaths, injuries, and destruction of buildings. The US Chemical Safety and Hazard Investigation Board identified 281 combustible dust incidents between 1980 and 2005 that led to the deaths of 119 workers, injured 718 workers, and extensively damaged numerous industrial facilities.
Welding Company Cited Following Fatal Neighborhood Fire
An OSHA investigation has determined that Guiseppe Falcone and Daniele Falcone, doing business as D & J Ironworks, failed to follow safety precautions, which fire officials indicated led to a fire that cost the lives of two Boston fire fighters. D & J Ironworks, based in Malden, Massachusetts, faces $58,000 in fines.
The March 26, 2014, fire in Boston’s Back Bay neighborhood was caused because the welding company allowed its employees to install railings using arc welding equipment during high wind conditions. Fire officials said sparks from the welding taking place at one residential address ignited the clapboards on the adjacent shed on the neighbor’s property, which led to the fire.
“OSHA found that the company lacked an effective fire prevention and protection program, failed to train its employees in fire safety, did not have a fire watch present and did not move the railing to another location where the welding could be performed safely,” said Brenda Gordon, OSHA’s area director for Boston and southeastern Massachusetts. “This company’s failure to implement these required, common-sense safeguards put its own employees at risk and resulted in a needless, tragic fire.”
OSHA Cites KVK Foundry for Repeatedly Violating Safety Standards
KVK Foundry, Inc., based in Millington, Illinois, has been cited for two willful and two repeat violations by OSHA. The foundry, which specializes in aluminum sand casting, was previously cited for these violations in December 2012. OSHA has proposed additional penalties of $48,928.
“OSHA’s follow-up found that KVK Foundry initially fixed hazards cited in the first inspection, but lapsed into unsafe practices. KVK did not maintain the important standards that protect the long-term hearing and respiratory health of employees,” said Jake Scott, OSHA’s area director in North Aurora. “Employers, who are cited for repeat violations, demonstrate a lack of commitment to employee safety and health.”
OSHA found that KVK Foundry failed to provide medical evaluations and annual fit testing for employees using respirators. The company failed to obtain yearly audiograms for employees exposed to noise at or above the eight-hour time-weighted average and did not post a safety instruction sign to warn employees that combustible aluminum dust should not be allowed to accumulate in the grinding room.
Sandpoint Gas ‘n’ Go & Lube Center Whistleblower Fired for Filing an OSHA Safety Complaint
The US Department of Labor has filed a lawsuit in the US District Court for the District of Idaho against Sandpoint Gas ‘n’ Go & Lube Center, Inc., in Sandpoint, Idaho, and its owner, Sydney M. Oskoui, individually, for violating the whistleblower protection provisions of the Occupational Safety and Health Act of 1970. The investigation determined that Sandpoint and its owner terminated a mechanic for raising safety and health concerns in the workplace.
OSHA investigated a complaint filed by the worker and cited the employer for safety and health violations. The department determined that the employee was fired for filing a safety complaint with OSHA’s Boise Area Office.
“We are committed to protecting workers’ rights to raise work-related safety and health concerns without fear of losing his or her job,” said Galen Blanton, OSHA’s acting regional administrator in Seattle. “We will not tolerate the reprehensible behavior exhibited by Sandpoint in this case.”
The employer is expected to pay to the fired employee back wages with interest, benefits, and punitive damages. The suit also requests an order from the court permanently enjoining Sandpoint and its owner from violating the anti-retaliation provisions of the OSH Act and requires that a notice be posted for employees regarding their rights under the OSH Act.
Holder Construction Group and OSHA Partner to Protect Construction Workers in Nebraska
These hazards are the leading causes of injuries and fatalities in the construction industry.
“Our focus is to forge a working relationship to prevent serious workplace construction hazards and establish a foundation for the development of an effective safety and health program at the site,” said Bonita Winingham, OSHA’s area director in Omaha.
The partnership aims to meet goals through increased training, implementation of best work practices, creation of site-specific written safety and health programs, and compliance with applicable OSHA standards and regulations.
The Oasis project consists of an 183,000-square-foot data center, which will include a chiller plant, administrative areas, and supporting mechanical, electrical, and plumbing rooms. Holder Construction Group will be the construction manager for the project, which is expected to be completed by September 2015 and may employ as many as 180 tradesmen on-site during peak construction.
As part of the agreement, all contractors and subcontractors on the project will be required to have specific written safety and health programs in place and attend meetings before major work takes place.
Safety News Links
