Under the rule, all PPE, with a few exceptions, must be provided at no cost to the employee. OSHA anticipates that this rule will have substantial safety benefits that will result in more than 21,000 fewer occupational injuries per year. The rule was published in the Federal Register on November 15.
"Employees exposed to safety and health hazards may need to wear personal protective equipment to be protected from injury, illness, and death caused by exposure to those hazards," said Assistant Secretary of Labor for OSHA Edwin G. Foulke Jr. "This final rule will clarify who is responsible for paying for PPE, which OSHA anticipates will lead to greater compliance and potential avoidance of thousands of workplace injuries each year."
The final rule contains a few exceptions for ordinary safety-toed footwear, ordinary prescription safety eyewear, logging boots, and ordinary clothing and weather-related gear. The final rule also clarifies OSHA's requirements regarding payment for employee-owned PPE and replacement PPE. While these clarifications have added several paragraphs to the regulatory text, the final rule provides employees no less protection than they would have received under the 1999 proposed standard.
The rule also provides an enforcement deadline of six months from the date of publication to allow employers time to change their existing PPE payment policies to accommodate the final rule.
New Fact Sheet Available for Healthcare Workers
. The document discusses the importance of employers encouraging influenza vaccination for their healthcare employees in an effort to reduce the risk of contracting influenza and spreading the illness to their families and patients.
New OSHA Webpage on Wildfire Cleanup and Recovery Operations
OSHA has unveiled a new webpage showcasing free occupational safety and health information related to wildfire cleanup and recovery. These resources provide response and recovery crews with information about ways to recognize and avoid injury from occupational hazards.
New Spanish Safety Training MaterialsThese new resources are designed to assist OSHA construction and genera
l industry outreach trainers and others in conducting Spanish-language training for employees.
Foodborne Illness Can Foul a Holiday Dinner
Want to make a lasting impression on the family this Thanksgiving? Try serving undercooked turkey or other mishandled foods, and your festive meal won’t soon be forgotten.
Bacteria like salmonella and E. coli can cause illnesses if they are allowed to survive in foods. Undercooking the holiday turkey or not maintaining the other dishes at the proper temperatures provides the perfect environment for dangerous bacteria.
“You could have a heavily contaminated food item and not know it because bacteria have no smell or taste,” said Sandra Craig, director of the S.C. Department of Health and Environmental Control’s Division of Food Protection. “It is important not only at the holidays but also year-round to use a meat thermometer to assure that proper temperatures kill the bacteria. Washing hands frequently and thoroughly cleaning any area that comes in contact with raw meat also helps prevent contamination.”
DHEC also offers the following tips for preparing traditional holiday food:
- If the turkey is frozen, allow approximately three days for thawing in the refrigerator; never thaw at room temperature.
- A stuffed turkey is riskier and more difficult to cook than one not stuffed. It is recommended that stuffing (dressing) be cooked separately from the turkey.
- Gravy with giblets and eggs should be cooked to 165F.
- If you plan to fry your turkey, the proper cooking technique is to place the cook pot away from the house or outbuildings, then gently lower the turkey into hot cooking oil at 325. If lowered too quickly, the oil will spill over the rim of the pot, which can cause injuries or a fire that can spread quickly. The oil will cool once the turkey is lowered into it, so allow the temperature to rise again to 325F, then cook the turkey for three minutes per pound (a 12-pound turkey should fry at 325F for 36 minutes).
- Or, for a more traditional preparation, roast turkey meat to desired doneness in an oven without interrupting the cooking process. Turkeys should be cooked internally to 170F to 180F. Higher temperatures may make the product dry, and temperatures below 165F, will not guarantee the destruction of bacteria. (Probe thermometers can be purchased at many retail outlets.)
- APPROXIMATE UNSTUFFED TURKEY COOKING TIMES for an oven set at325F.)
8–12 lbs 3 to 3 1/2 hours
12–14 lbs 3 1/2 to 4 hours
14–18 lbs 4 to 4 1/2 hours
18–20 lbs 4 1/2 to 5 hours
- Clean hands and clean utensils are essential. A perfectly cooked turkey that is carved on an unclean cutting board or countertop can negate all the safety precautions taken earlier.
- For best carving results, allow the turkey to stand for 15 to 20 minutes after cooking.
- Temperature abuse is a major cause of foodborne illness. Refrigerate foods at 45F or below or keep it hot at 130F or above after reaching the proper cooking temperatures. Leaving food at room temperature for after-dinner snacks is not a safe practice.
- Foods such as cooked rice and pumpkin pie can support bacteria growth and should be refrigerated after the meal.
- Leftovers are best handled by getting food into shallow containers and into the refrigerator quickly in containers no more than 4 inches deep and refrigerated within two hours of the meal. Leftovers should be used within three days of being refrigerated or frozen. Leftover frozen food has best quality if eaten within 30 days. Refrigerated leftovers that are intended to be eaten hot should be reheated rapidly to 165F.
- Use a refrigerator thermometer to be sure that the refrigerator temperatures stay at 45F or below. Overloading or frequent trips in and out of a refrigerator can cause the temperature to rise above a safe level if not carefully monitored.
Follow these simple precautions and keep food-borne illness from becoming an uninvited guest over the holidays. For additional food safety information, you can call your local county health department or DHEC's Division of Food Protection at 803-896-0640. For food safety information about meat, poultry, or eggs, call the toll-free U.S. Department of Agriculture Meat and Poultry Hot line at 1-800-535-4555. The hot line is staffed year-round from 10 a.m. to 4 p.m., Monday to Friday.
OSHA Cites Georgia Contractor After Fatal Fall at Niagara Falls Construction Site
A Georgia-based contractor faces $40,000 in proposed fines from OSHA following a fatal fall at a Niagara Falls, N.Y., hotel construction site. DEC Management Inc. of Athens, Ga., was cited for six alleged serious violations of safety standards.
OSHA cited DEC Management following an October 3 incident at 10111 Niagara Falls Blvd. in which one employee was killed and another was injured when the pre-cast concrete panel on which they were standing shifted and fell 25 feet to the ground.
"Falls are the number-one killer in construction work," said Arthur Dube, OSHA's area director in Buffalo. "This case is the starkest example of what happens when basic, vital safeguards are ignored. This tragedy could have been prevented had these safeguards been in place."
OSHA's inspection found that the panel was not secured and lacked the strength and structural integrity to safely support the employees. In addition, there was no safety program to address fall hazards and inspections had not been conducted by a competent person—someone with the knowledge to identify fall hazards and the authority to correct them. OSHA also determined that a portable ladder used to access upper landings was of insufficient length.
OSHA Proposes More Than $45,000 in Penalties Against Alabama Lumber Mill Following Fatality
OSHA has proposed $45,550 in penalties against Lumber One Co. in Littleville, Ala., for 22 serious violations of federal workplace safety standards following a fatality at the plant in May 2007.
OSHA opened an investigation after being informed of the incident where a piece of lumber kicked back from an automatic multi-blade rip saw, hitting the operator and causing a fatal bruise to his heart.
"Rip saws are engineered with multiple safety features to prevent this kind of incident, but the employer's failure to keep the machines in good working order led to this death," said Roberto Sanchez, director of OSHA's Birmingham area office.
OSHA inspectors found that the saw's safety features, which were designed to prevent a board from pushing back against the operator, were worn and broken. In addition, an excessive amount of sawdust was allowed to accumulate near the machine, causing fire and other hazards. Further inspection of the other two rip saws indicated the same deficiencies, which the employer has since corrected.
Other safety violations included tripping hazards created by poor housekeeping, lack of machine guards, electrical hazards, inadequate training for maintenance staff, and no lockout/tagout procedures in place to prevent inadvertent machine start-ups.
New Hampshire Contractor Faces $61,600 in OSHA Fines for Cave-In Hazard
A Bow, N.H., contractor's alleged failure to provide adequate cave-in protection for employees working in a nine-foot deep drainage pipe excavation on Route 11 in Newport, N.H., has resulted in $61,600 in proposed fines from OSHA.
R.S. Audley Inc. was cited for alleged repeat and serious violations of excavation safety standards as the result of an inspection begun after an OSHA inspector observed an apparently unprotected excavation while driving by the worksite. These violations mark the sixth time in five years that OSHA has cited R.S. Audley Inc. for lack of cave-in protection at New Hampshire worksites. The other locations were in North Conway, Pembroke, Swanzey, Bedford, and Seabrook.
OSHA found in this case that the excavation's walls were not properly sloped or shored against collapse, as required for all excavations five feet or deeper. In addition, employees had not been adequately trained to recognize and avoid excavation hazards, an exit ladder was placed at an unsafe angle, and the excavation had not been inspected by a person competent to identify and correct hazards.
OSHA issued a repeat citation with proposed $56,000 in fines for the lack of cave-in protection and three serious citations with $5,600 in proposed fines. OSHA issues a repeat citation when an employer has previously been cited for a substantially similar hazard and that citation has become final. A serious citation is issued when death or serious physical harm is likely to result from a hazard about which the employer knew or should have known.
"Repeatedly failing to safeguard excavations against cave-in hazards is a gamble that can cost employees their lives," said Francis Pagliuca, OSHA's acting area director for New Hampshire. "No employee should enter an excavation until it is properly protected and all must be trained so they can identify and protect themselves against this hazard."
Pagliuca noted that OSHA inspectors who observe excavation hazards can and will stop work and open inspections on the spot, as occurred in this case.
OSHA Cites New York Contractor for Cave-In Hazard
A Queens-based contractor faces $30,850 in proposed fines from OSHA for a cave-in hazard at a Bronx jobsite. FXR Construction Corp., doing business as DEV Construction, of Bayshore, has been cited for alleged willful and serious violations of safety standards at a parking garage and commercial building under construction at 1250 Waters Place in the Bronx.
An OSHA inspection found employees performing rebar and concrete formwork in a seven-foot, six-inch deep excavation that lacked any protection against collapse. The 110-foot-long excavation also lacked a safe means of egress for employees, and a pile of excavated spoils was located at its edge. Elsewhere on the jobsite, uncompleted stairs were used to access upper building levels and employees were not trained to recognize and avoid unsafe conditions.
"This employer knew cave-in protection is required for all excavations five feet or deeper yet did not provide this vital and necessary safeguard," said Diana Cortez, OSHA's area director in Tarrytown, N.Y. "While it is fortunate that no cave-in occurred, the hazard was real and present. The walls of an unprotected excavation can collapse without warning, burying employees beneath tons of soil and debris before they can react or escape."
OSHA consequently issued FXR one willful citation, with a proposed fine of $28,000, for the lack of cave-in protection, and four serious citations, with $2,850 in proposed fines, for the other conditions. The inspection was conducted by OSHA's Tarrytown Area Office (telephone 914-524-7510) under an emphasis program that identifies and targets for inspections construction projects in specific areas in Bronx, Westchester, and Rockland counties.
OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health. A serious citation is issued when death or serious physical harm is likely to result from a hazard about which the employer knew or should have known. FXR has 15 business days from receipt of its citations to request and participate in an informal conference with OSHA or to contest them before the independent Occupational Safety and Health Review Commission.
OSHA Proposes Nearly $220,000 in Penalties Against Tire Recycler Following Fatality
OSHA has proposed $219,800 in penalties against Tires Into Recycled Energy & Supplies Inc., Jackson, Ga., for willful, serious, and other violations of federal workplace safety standards.
OSHA opened an investigation following an employee fatality in May when combustible dust from material caught fire during the manufacturing process. The plant was being operated temporarily at the time until the equipment could be sold to another company. Part of the plant's labor force consisted of employees hired through the Georgia Department of Corrections probationers' diversion program.
"This employer demonstrated total disregard for employees' safety by using employees who lacked the proper training for their jobs," said Gei Thae Breezley, director of OSHA's Atlanta East Area Office.
The agency issued four willful violations with penalties of $196,000 for failing to reduce accumulations of combustible dust on equipment and in the facility, not developing a written emergency evacuation plan, not training employees on firefighting procedures for combustible dust and not developing a lockout/tagout program, which is intended to prevent inadvertent machine start-ups.
OSHA also issued five serious violations with penalties of $14,700 for a lack of fall protection on equipment, lack of handrails on stairs, not providing formal training for forklift truck operators, not operating proper electrical equipment, and not developing a hazard communication program.
Three other-than-serious violations carrying a penalty of $9,100 were issued for recordkeeping violations.
OSHA’s Site-Specific Targeting Program Identifies Serious Safety and Health Violations
Kennedy Valve, a division of McWane Inc., faces a total of $68,000 in proposed fines from OSHA for a cross-section of safety and health hazards at its Elmira, N.Y., manufacturing plant.
The company was cited for a total of 30 alleged serious violations of safety and health standards following an inspection conducted under OSHA's Site-Specific Targeting Program, which is aimed at workplaces with higher-than-average injury and illness rates.
"The citations address hazards associated with cranes, scaffolds, flammable liquids, forklifts, personal protective equipment, machine guarding, electrical equipment, and exit access," said Christopher R. Adams, OSHA's area director in Syracuse. "Left uncorrected, these conditions expose employees to the dangers of fire, lacerations, amputation, chemical burns, crushing, falls, and eye, face and hand injuries."
Specifically, the citations encompass failure to maintain overhead hoists and cranes, mobile scaffolds and mobile ladder stands; lack of safe access to elevated work platforms; unlabeled exit access doors; uncovered containers of flammable liquids; not having fire extinguishers where flammable liquids and gas were dispensed; unbonded and ungrounded containers of flammable liquids; lack of personal protective equipment for employees working with caustics, chainsaws, and electrical equipment; lack of an emergency eyewash station; an inadequately maintained forklift and forklift passageway; unguarded moving machine parts; ungrounded electrical equipment; inadequately maintained paint spray booths; and failure to properly lock out overhead cranes.
A serious citation is issued when death or serious physical harm is likely to result from a hazard about which the employer knew or should have known. The company has 15 business days from receipt of its citations to comply with them, to request and participate in an informal conference with OSHA's area director, or to contest the citations before the independent Occupational Safety and Health Review Commission. This investigation was conducted by OSHA's area office located at 3300 Vickery Road, North Syracuse, N.Y. The local office can be reached at 315-451-0808.
$52,000 OSHA Fines for Cave-In Hazard
An unguarded trench at a Revere, Mass., worksite has resulted in $52,000 in proposed fines from OSHA for an Avon, Mass.-based contractor.
D'Alessandro Corp. was cited for alleged willful and serious violations of trenching safety standards at a water line installation site at 400 Revere Beach Blvd. The citations and proposed fines follow an OSHA inspection begun June 6 after OSHA was informed of a potential cave-in hazard at that location.
OSHA found employees working in a six-foot two-inch deep straight-walled trench in sandy soil without any protection from a collapse of its walls. OSHA standards require that employees working in excavations five feet or deeper be protected against cave-ins. Protection can include shoring walls, using a trench box, or sloping walls at a shallow angle.
As a result of OSHA's inspection, D'Alessandro Corp. was issued one willful citation, with a proposed fine of $49,000 for the lack of cave-in protection, and one serious citation, with a $3,000 fine, for storing piles of excavated spoils at the edge of the trench where they could fall onto employees in the trench.
OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health. A serious citation is issued when death or serious physical harm is likely to result from a hazard about which the employer knew or should have known.
Gordon noted that excavation safety is an OSHA priority. Agency inspectors who observe excavation hazards can and will stop work and open inspections on the spot.
OSHA Launches Alliance With Graphic Arts Association
OSHA and the Graphic Arts Association (GAA) have joined forces to promote workplace safety and health for employees in the printing and graphic arts industries. Jean Kulp, director of OSHA's Allentown Area Office, represented the agency at a recent signing ceremony to launch the effort.
GAA is the trade association for the printing and graphics industry in Pennsylvania, southern New Jersey, and Delaware. It is the regional affiliate of the Printing Industries of America and the Graphics Arts Technical Foundation.
This alliance will provide information, guidance, and access to training resources for GAA members to help them protect employees' health and safety, particularly in reducing and preventing exposure to ergonomic and noise hazards. The alliance also will address hazardous chemical and machine guarding issues, as well as lockout/tagout procedures, which are intended to prevent inadvertent machine start-ups. The alliance partners will work together to share and disseminate GAA's best safety and health practices among OSHA personnel, graphic arts industry safety and health professionals, and GAA member companies.
"People employed in the graphic arts and printing fields are exposed to a variety of workplace hazards due to the nature of the work," said Kulp. "This alliance will afford us the opportunity to equip both business owners and employees with the information they need to ensure safe and healthful work environments for members of these industries."
OSHA's Allentown Area Office can be reached at 610-776-0592.
OSHA health and safety alliances are part of U.S. Labor Secretary Elaine L. Chao's ongoing efforts to improve the health and safety of employees through cooperative partnerships with trade associations, labor organizations, and employers. The agency now has more than 450 national, regional, and area alliances nationwide.
New York Contractor Faces More Than $51,000 in OSHA Fines for Cave-In Hazard
Kandey Co. Inc., a West Seneca, NY–based contractor, faces $51,700 in proposed fines from the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) following the discovery of an unguarded trench at a Clarence, NY, worksite.
On July 31, an OSHA inspector, passing by a water line excavation at 9217 Main St. and observing an apparently unprotected trench, opened an immediate inspection. OSHA found an employee working in a six-foot six-inch deep trench with near vertical walls that lacked adequate protection against a collapse of those walls onto the employees. OSHA standards require that employees working in excavations five feet or deeper be protected against cave-ins. Protection can include shoring walls, using a trench box, or sloping walls at a shallow angle.
As a result of OSHA's inspection, Kandey Co. was issued one willful citation, with a proposed fine of $49,000, for lack of cave-in protection, and two serious citations, carrying $2,700 in proposed fines, for exposing employees to the hazard of rocks and stones falling from the trench's face and for providing an exit ladder of inadequate length.
OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health. A serious citation is issued when death or serious physical harm is likely to result from a hazard about which the employer knew or should have known.
Excavation safety is an OSHA priority. Agency inspectors who observe excavation hazards can and will stop work and open inspections on the spot.
$127,200 Fine for Machine Guarding and Other Workplace Hazards
OSHA has cited Sabina Manufacturing for alleged safety and health violations, assessing proposed penalties of $127,200. The Lawrence Company is a metal fabricating job shop with 71 employees.
OSHA initiated an investigation on May 22 in response to a complaint. As a result, the agency has issued the company citations for one willful violation with a $70,000 penalty, five repeat violations with penalties of $52,700, and three serious violations with penalties of $4,500.
The willful citation cites Sabina Manufacturing's failure to have the proper machine guarding to protect employees from injury. The repeat violations reflect the company's deficient hazardous energy control system, failure to properly guard machinery, and a lack of recordkeeping. The serious violations address the company's failure to provide the proper training for employees operating power presses and electrical hazards.
"Employees are exposed to a variety of injuries, as well as the possibility of amputations, when companies do not use proper machine guards," says Robert Szymanski, director of OSHA's Pittsburgh Area Office. "It's imperative that Sabina Manufacturing correct the identified hazards as soon as possible to help ensure its employees stay safe and healthy on the job."
OSHA defines a willful violation as one committed with an intentional disregard of, or plain indifference to, the requirements of the Occupational Safety and Health Act. A repeat violation is issued when OSHA finds a substantially similar violation during a re-inspection. Serious violations are issued when there is a substantial probability that death or serious injury could occur from a hazard about which the employer knew or should have known.
