OSHA and NIOSH Issue Hazard Alert to Protect Workers from Silica Exposure

The hazard alert follows reports of 46 workers in Spain and 25 workers in Israel who developed silicosis—an incurable, progressively disabling and sometimes-fatal lung disease—from their exposure to crystalline silica during work to manufacture stone countertops. Ten of the workers in Israel required lung transplants as a result of their condition. OSHA and NIOSH have identified exposure to silica as a health hazard to workers involved in stone countertop operations in the US, both in fabrication shops and during in-home finishing and installation.

Crystalline silica is found in granite, sandstone, quartzite, various other rocks, and sand. Workers who inhale very small crystalline silica particles are at risk for silicosis. Symptoms of silicosis can include shortness of breath, cough and fatigue, and may or may not be obviously attributable to silica. Workers exposed to airborne crystalline silica also are at increased risk for lung cancer, chronic obstructive pulmonary disease, and kidney disease.

Worker exposure to silica at stone countertop fabrication and installation worksites can be mitigated through simple and effective dust controls, monitoring the air to determine silica exposure levels, using engineering controls and safe work practices to control dust exposure, providing workers with respiratory protection when needed, and providing training and information about the hazards of silica.

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.

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Prevent Cold Stress, Slips on Snow and Ice

Snow and ice create slip, trip, and fall hazards for workers. Employers should clear snow and ice from walking surfaces and spread deicer as quickly as possible after a storm. When walking on snow or ice is unavoidable, employers should ensure that workers are equipped with footwear with good traction and insulation. Employers should also instruct workers to take short steps and walk at a slower pace so they can react quickly to a change in traction.

Workers exposed to cold weather can be at risk of frostbite that causes freezing in the deep layers of skin and tissue and can cause permanent damage. Signs of frostbite include a loss of feeling and a waxy-white or pale appearance in fingers, toes, nose, or ear lobes. Workers can also be at risk of hypothermia, which occurs when the body temperature drops to less than 95?F. Symptoms of hypothermia include uncontrollable shivering, slow speech, memory lapses, frequent stumbling, drowsiness, and exhaustion. 

Canada Adopts GHS

Canada’s Hazardous Products Act (HPA) has been amended, and the Workplace Hazardous Materials Information System (WHMIS) requirements for hazard classification and communication set out in the Controlled Product Regulations (CPR) and the Ingredient Disclosure List have been repealed, and replaced with new regulations—the Hazardous Products Regulations (HPR).  The HPA and HPR regulate suppliers of hazardous products (defined as persons who, in the course of business, sell or import a hazardous product) while federal, provincial, and territorial (FPT) occupational health and safety (OHS) authorities regulate the employer requirements of WHMIS in workplaces.

To fully implement WHMIS 2015, changes to the FPT OSH requirements for hazard communication [labels and safety data sheets (SDSs)] are required. The interlocking nature of the FPT WHMIS requirements requires that the timing of implementation and the transition approach be coordinated across Canada. As each jurisdiction follows an independent legislative process, there may be a lag between the coming-into-force of the HPA and HPR and the timing of amendments to PT legislation.

To address this issue, PT OSH authorities have agreed to support a synchronized coming-into-force and transition across Canada until necessary changes are made to their legislation. Once finalized, each jurisdiction will communicate to its stakeholders what measures will be acceptable to ensure worker health and safety in workplaces.

To give suppliers, employers, and workers time to adjust to the new system, implementation of the Globally Harmonized System of Classification and Labeling of Chemicals (GHS) within WHMIS 2015 will take place over a three-stage transition period that is synchronized nationally across FPT jurisdictions.

The purpose of the transition period is to enable:

• Time for partners and stakeholders to make the necessary legislative, regulatory and system adjustments
• Old labels and material safety data sheets (MSDS) to be moved out of the supply chain and workplaces in a predictable manner
• Increased employer and worker awareness and understanding of changes to hazard classification and communication in WHMIS 2015 and
• Consistency across Canada through coordination and alignment between FPT jurisdictions

The classification, label, and (M)SDS must comply fully with the specific law and regulation chosen, and not a combination of the two WHMIS systems. See chart below.

This approach is similar to the approach adopted by US OSHA to implement the Hazard Communication Standard (2012), which implemented the GHS in the US.

An (M)SDS and label that is compliant with the US Hazard Communication Standard (2012) may not be sufficient for compliance in Canada. Suppliers and employers must be compliant with the Canadian requirements.

Transition Phases

During transition, a hazardous product that is found to be non-compliant with the CPR must be voluntarily brought into compliance with the CPR, or the supplier will be required to comply with the HPR, no matter which transitional phase applies at the time.

Two-Week National Safety Stand-Down to Prevent Falls in Construction

 To recognize this often fatal hazard, tens of thousands of employers and more than a million workers across the country joined OSHA in 2014 for a week-long Fall Safety Stand-Down, the largest occupational safety event ever held. OSHA hopes to triple these numbers during this year’s National Fall Safety Stand-Down from May 4–15, 2015. 

“With the economy on the rebound and housing starts on the rise, now is the time to for all of us to renew our commitment to sending workers home safe every night,” said Secretary of Labor Thomas E. Perez. “Last year’s Stand-Down showed us what employers and workers sharing that commitment can accomplish. Responsible employers understand that safety is not a luxury—it is a necessity.”

Building on last year’s widespread participation, OSHA has made this year’s Stand-Down, a two-week event. From May 4–15, employers and workers will pause during their workday for topic talks, demonstrations and training on how to use safety harnesses, guard rails, and other means to protect workers from falls. Underscoring the importance of this effort, industry and business leaders, including universities, labor organizations, and community and faith-based groups have already begun scheduling 2015 stand-downs in all 50 states and around the world.

“Fatal falls and injuries impact workers in all kinds of jobs across the country; it’s a broad problem that takes a terrible toll on workers and their families,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “Given the tremendous response we’ve received, it’s clear that this is an important issue to a great number of people across this nation. I know it is, to me and all my colleagues here at the department, which is why we are so pleased to work towards preventing these tragedies through innovative and collaborative efforts like the Stand-Down.”

“No child should lose a parent, no wife should lose a husband and no worker should lose their life in a preventable fall,” said NIOSH Director Dr. John Howard. “The Stand-Down serves as an important opportunity for worksites to recognize the hazards that cause them, train employers and workers how to avoid them so that these senseless tragedies can be prevented once and for all.”

OSHA and partners would like to encourage all workers and employers that face fall hazards on the job to participate in this year’s Stand-Down.It will also include a list of stand-down events free and open to the public, as soon as they become available.

Safety and Health Information Bulletin Warns of Hazards From Exposure to Grain Fumigants

The use of chemical fumigants can result in hazardous exposures to workers involved in the handling of both fumigants and treated grain. An upsurge in insect infestations and the movement of stored grain have contributed to the need for increased fumigation, putting exposed workers at increased risk. The toxic effects of these fumigants can include permanent central nervous system damage, heart and vascular disease, lung edema, and cancer.

The bulletin outlines the exposure risks and provides employers with measures to take in evaluating grain handling facilities and transit carriers, such as truck trailers, railroad cars, and barges.

OSHA’s Safety Pays Program Helps Show Impact of Injuries and Illnesses on Bottom Line

 This program uses a company’s profit margin, the average costs of an injury or illness and an indirect cost multiplier to project the amount of sales a company would need to covers those costs.

The program is now available in a format that can be easily read by mobile devices. 

General Electric Agrees to $3.5 Million Civil Penalty, Internal Compliance Program for Failure to Report Defective Ranges and Dishwashers

The US Consumer Product Safety Commission (CPSC) announced that General Electric Co., of Fairfield, Connecticut, has agreed to pay a $3.5 million civil penalty.  CPSC staff charged that the connector in the range’s wire harness can overheat, posing fire and burn hazards.

GE sold the ranges nationwide between June 2002 and December 2005 for $1,300 to $2,000.

In April 2009, GE and CPSC announced the recall of 28,000 dual-fuel ranges. GE did not report the hazards with the ranges to CPSC until February 2009. By then, GE had received 13 reports of harness and wiring overheating in the back of the range, including five fires. GE received notice of the hazard in 2004.

CPSC staff also charged that various models of Profile and Monogram dishwashers can short circuit from condensation building up on the control board, which poses fire and burn hazards. The dishwashers were sold through department and appliance stores nationwide between July 2003 and October 2010 for $750 to $1,400. GE did not report the hazard with the dishwashers to CPSC until September 2010. By then, GE had received several reports of fires that had occurred due to overheated control panels, including a report received in 2007, and the company had paid out settlements to consumers based on these reports. In October 2010, GE and CPSC announced the recall of about 174,000 dishwashers.

Federal law requires manufacturers, distributors, and retailers to report to CPSC immediately (generally within 24 hours), after obtaining information reasonably supporting the conclusion that a product contains a defect which could create a substantial product hazard, creates an unreasonable risk of serious injury or death, or fails to comply with any consumer product safety rule or any other rule, regulation, standard, or ban enforced by CPSC.

In addition to paying the $3.5 million civil penalty, General Electric has agreed that GE Appliances will maintain a compliance program designed to ensure compliance with Section 15(b) of the Consumer Product Safety Act and a system of internal controls and procedures that includes:

• Procedures for recording, processing, and reporting information regarding potential safety issues
• Written standards and policies
• Confidential employee reporting of compliance concerns to a senior manager
• Effective communication of compliance policies and procedures, including training
• Senior management responsibility for, and general board oversight of compliance and
• Requirements for record retention

In agreeing to the settlement, General Electric did not admit to CPSC staff’s charges that its ranges or dishwashers contained a defect which could create a substantial product hazard or created an unreasonable risk of serious injury or death, or that the company failed to notify the CPSC in a timely manner, in accordance with the reporting requirements of the Consumer Product Safety Act. The penalty agreement has been accepted provisionally by the CPSC following a 4 to 1 vote.

Roofing Company Fined Nearly $80,000 for Fall Protection Hazards

A willful violation is one committed with intentional, knowing, or voluntary disregard for the law’s requirement, or with plain indifference to employee safety and health. An OSHA violation is serious if death or serious physical harm can result from a hazard an employer knew or should have known exists.

“Transformers Construction is aware workers need to be protected from dangerous falls, but deliberately allows employees to work one slip away from death,” said Brian Sturtecky, OSHA’s area director in Jacksonville. “Home builders and general contractors that continue to hire and turn a blind eye to their sub-contractor’s poor safety record is an unacceptable work practice.”

Michigan Shipyard Exposes Employees to Amputation, Struck-by, and Fall Hazards; $243,000 in Proposed Penalties

Basic Marine Inc., an Escabana, Michigan-based shipyard and boat fabricating facility has exposed workers to dangerous amputation hazards because safety mechanisms were not in place for press brakes operated to cut large metal pieces weighing up to 450 tons. In the past six years, OSHA inspectors have found similar hazards three times at the facility—where a worker’s arm was amputated in 2008.

An August 2014 follow-up inspection at Basic Marine resulted in proposed penalties of $242,940 for three willful, five repeated, and 10 serious safety violations. 

“Basic Marine continues to maintain an environment where employees are blamed if they’re injured by dangerous machinery, and it fosters a culture where safety precautions are considered unnecessary,” said Larry Johnson, area director of OSHA’s Lansing Area Office. “Even when workers are harmed, the company is reluctant to re-evaluate its safety and health programs, and that’s wholly unacceptable.”

The three willful violations were for worker exposure to struck-by hazards, machine hazards, and falls and trips from unguarded manholes and unprotected edges.

Repeated violations were cited for violations of respiratory protection standards, such as not requiring employees to wear air-line respirators; not inspecting crane slings every three months; and not maintaining inspection records. A repeated 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. Basic Marine was cited for these hazards in 2011.

The 10 serious violations included exposing workers to dangerous operating machine parts due to machines being used with inadequate protective devices; failure to provide specific written procedures and training for employees on how to prevent unintentional operation of machinery during service and maintenance, such as applying locking devices and turning equipment off; unmarked exit signs; and failure to post fire watches during welding activities.

Alliance Tubular Products Fined Nearly $140,000 for Amputation and Other Serious Violations

 A July 2014 OSHA inspection found three repeated and four serious violations, with fines of $139,800 at the high-end industrial steel tubing manufacturer’s location in Alliance, Ohio.

“Alliance Tubular was well aware of the dangers these machines posed to workers and failed to implement the proper protective procedures,” said Brigitte Frank, OSHA’s acting area director in Cleveland. “Each year, thousands of workers are injured by dangerous machinery. These types of violations are among the most frequently cited by OSHA and often result in death or permanent disability.”

OSHA issued three repeated citations after the agency found workers were exposed to operating machinery parts on weld mills and other industrial machines at the plant because safety mechanisms were not properly installed. OSHA cited similar violations at the company’s facility in Darlington, Pennsylvania, in 2014 and at the Alliance facility in 2012.

Inspectors also noted four serious violations at Alliance Tubular that involved lack of procedures to prevent unintentional operation of machinery during maintenance and the use of railings that were not rated for the platforms on which they were installed.

Alliance Tubular is a subsidiary of PTC Alliance Corp., headquartered in Wexford, Pennsylvania. PTC Alliance Corp., employs 2,100 workers companywide, with 247 at the Alliance facility.

Connecticut Trash-to-Energy Plant Facing $80,100 in OSHA Fines

In response to a complaint, on October 1, 2014, OSHA began an inspection of Covanta Energy Bristol Inc., a trash-to-energy plant in Bristol, Connecticut. The plant has been cited for 16 serious violations and faces $80,100 in proposed penalties.

The violations include:

• Allowing combustible dust to accumulate on ledges, conduits, floors, guardrails, work platforms, and catwalks
• Failing to determine employees’ exposure level to ash containing toxic metals such as lead, cadmium, and arsenic
• Inadequate training and protective clothing for an employee performing testing on live electrical parts
• Inadequate safeguards for employees working in confined spaces
• Lack of an emergency eyewash for employees working with batteries
• Fall, fork truck, air pressure, and mechanical hazards

“Covanta Energy Bristol Inc. needlessly exposed its employees to the hazards of electrocution, fire, falls, slips and trips, crushing, being trapped or overcome in a confined space, eye injuries and cancer, lung or kidney damage,” said Terence McEvily, OSHA’s acting area director in Hartford. “It must take effective steps to eliminate these hazards and prevent them from happening again.”

Seitz Technical Products Cited for Exposing Workers to Chemical Hazards

Citations were issued for three repeat and five serious violations, including the company’s failure to:

• Provide an eyewash station for employees using hazardous chemicals
• Provide a hazard communication program for employees
• Properly label hazardous chemicals
• Produce chemical safety data sheets
• Provide hazardous chemical training to employees

“Seitz employees were regularly using chemicals that can burn the skin and the eyes, and they weren’t given protective equipment or trained about the potential hazards,” said Nicholas DeJesse, director of OSHA’s Philadelphia Area Office. “For employees who work with hazardous chemicals, chemical containers labels, safety data sheets, and training can mean the difference between a safe environment and serious harm.”

Texas Grain Milling Facility Fined for Explosion and Electrical Hazards

Richardson Milling Inc., a grain milling facility that produces flour blends in Dawn, Texas, has been cited for 11 serious violations and faces $63,000 in fines, as the result of an October 2014 inspection by OSHA’s Lubbock Area Office. The inspection was initiated as part of OSHA’s Regional Emphasis Program for industries engaged in grain handling activities.

Citations were issued for failure to:

• Use approved electrical equipment in areas with dangerous levels of combustible dust
• Remove an unapproved forklift truck whose exposed conductor cables could potentially ignite combustible dust
• Secure compressed gas cylinders to prevent them from being knocked over
• Properly guard belts and pulleys to prevent amputations

“Allowing grain milling dust to accumulate near equipment that could start an explosion is a recipe for disaster,” said Elizabeth Linda Routh, OSHA’s area director in Lubbock. “Richardson Milling exposed its workers to preventable dangers.”

Arora Technologies Cited for 25 Serious Safety and Health Violations

Arora Technologies, doing business in Huntsville, Alabama, as ATI Foil Inc., was cited for 25 serious violations and faces $57,600 in proposed penalties following an August 2014 OSHA inspection that was initiated by a complaint.

The 25 serious violations include failure to:

• Provide personal protective equipment to workers exposed to corrosive liquids
• Provide emergency showers or eyewash stations near workers handling corrosive liquids
• Establish a hazard communication plan
• Ensure machinery could not accidentally start up during maintenance and servicing

Citations were also issued for failing to provide lockers for workers to prevent contamination of their street clothes and failing to properly clean-up asbestos spillage.

“Employees at ATI Foil shouldn’t have to risk their health or their lives just to earn a day’s pay,” said Ramona Morris director of OSHA’s Birmingham Area Office. “ATI exposed its workers to hazards such as amputations, chemical burns and even blindness. “Employers must ensure a safe and healthful workplace.”

Brantley Brothers Moving & Storage Fined $90,000 for Asbestos Exposure Violations at Newark Warehouse

An OSHA inspection of a Newark, New Jersey, warehouse has resulted in Brantley Brothers Moving & Storage Co. Inc., being cited for 14 serious violations and a proposed penalty of $89,600 for exposing workers to asbestos hazards.

Citations were issued for:

• Lack of safety and health precautions—such as using a regulated area, providing personal protective equipment, and conducting exposure monitoring—for workers removing pipes and pipe insulation containing asbestos
• Not identifying and labeling asbestos in the storage warehouse
• Not providing employee training on the proper handling of asbestos and related health hazards
• Exposing workers to fire hazards due to improperly maintained exit routes

“In 2015, nobody should be surprised to learn that asbestos exposure is dangerous,” said Kris Hoffman, director of OSHA’s Parsippany Area Office. “Brantley Brothers required its employees to remove dry asbestos from piping without any personal protection equipment. Asbestos exposure can cause cancer and asbestosis, which is a serious lung disease, so having untrained and unprotected workers conduct such work is both irresponsible and totally unacceptable.”

Angel Brothers Enterprises Cited for Exposing Workers to Cave-in Hazards at Texas Excavation Site

Angel Brothers Enterprises Ltd., is facing $89,500 in proposed penalties as a result of an OSHA inspection conducted at an excavation site in Baytown, Texas. 

Angel Brothers was cited for one willful violation for not protecting workers—who were replacing an old fire hydrant and water line—from being engulfed in an unprotected 9-foot deep excavation. And three serious violations were cited for failure to place and keep excavated or other materials or equipment at least two feet from the edge of excavations, remove accumulated water from inside the trench which weakens its stability, and permanently affix durable identification to alloy steel chain slings for lifting capacity and size.

“It takes a matter of seconds for a worker to be engulfed in a trench or excavation site that is not properly protected or sloped. Angel Brothers has a history of failing to protect their employees,” said Mark Briggs, OSHA’s Houston South office area director. “Company managers were aware of the numerous trenching hazards in advance and yet failed to take action to protect their workers.”

Angel Brothers Enterprises Ltd., provides various types of underground utility construction.

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