OSHA Announces New Requirements for Reporting Severe Injuries

September 15, 2014

 

 

“Today, the Bureau of Labor Statistics reported that 4,405 workers were killed on the job in 2013. We can and must do more to keep America’s workers safe and healthy,” said US Secretary of Labor Thomas E. Perez. “Workplace injuries and fatalities are absolutely preventable, and these new requirements will help OSHA focus its resources and hold employers accountable for preventing them.”

Under the revised rule, employers will be required to notify OSHA of work-related fatalities within eight hours, and work-related in-patient hospitalizations, amputations, or losses of an eye within 24 hours. Previously, OSHA’s regulations required an employer to report only work-related fatalities and in-patient hospitalizations of three or more employees. Reporting single hospitalizations, amputations, or loss of an eye was not required under the previous rule.

 

“Hospitalizations and amputations are sentinel events, indicating that serious hazards are likely to be present at a workplace and that an intervention is warranted to protect the other workers at the establishment,” said Dr. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health.

The new list is based on updated injury and illness data from the Bureau of Labor Statistics. The new rule maintains the exemption for any employer with 10 or fewer employees, regardless of their industry classification, from the requirement to routinely keep records of worker injuries and illnesses.

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.

 

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?

 

Columbus RCRA and DOT Training

 

Spartanburg RCRA and DOT Training

 

Chicago RCRA and DOT Training

 

Gleason Roofing Faces Nearly $300,000 in Fines for Exposing Workers to Fatal Falls

Gleason Roofing Co., deliberately and repeatedly failed to use legally required fall protection for its employees at two New Britain, Connecticut, work sites and exposed workers to potentially fatal falls, OSHA determined. 

“These employees were one slip, trip or step away from deadly or disabling injuries. Their employer knew this, yet chose to do nothing about it,” said Warren Simpson, OSHA’s area director in Hartford. “Falls are the most dangerous hazard in construction work, responsible for the deaths of three Connecticut workers in 2012, according to the Bureau of Labor Statistics. Yet, falls are among the most preventable hazards, but only if employers supply and ensure the use of fall protection. Failing or refusing to do so is gambling with workers’ lives.”

In response to a complaint, on March 6, 2014, an OSHA inspector found Gleason employees exposed to 16-foot falls while ripping shingles from a roof. On April 19, an OSHA inspector returning from another inspection observed Gleason employees exposed to 10-foot falls while ripping shingles from the roof of a house. Additional fall hazards at both sites occurred because ladders did not extend at least 3 feet above landings to ensure proper stability.

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.

Additionally, at one of the work sites, workers were exposed to falls while improperly ascending ladders and faced possible electrocution from working without protection close to a working power line. OSHA cited Gleason for two serious violations these hazards, with $14,000 in fines. 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.

“Gravity doesn’t give you a second chance. If you fall and there is no effective fall protection in place, the result could end your career or your life,” said Jeffrey Erskine, OSHA’s acting deputy regional administrator for New England. “This is our message to employers: It is imperative that you plan ahead to get the job done safely, provide your employees with the right equipment and train them to use it properly. It is your responsibility.”

 

 The page offers fact sheets, posters, and videos that vividly illustrate various fall hazards and appropriate preventive measures.

OSHA Names New Director of its Standards and Guidance Directorate

Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels has appointed Bill Perry as the new director of the agency’s Directorate of Standards and Guidance, effective August 24, 2014. Perry most recently served as deputy director in the Directorate of Standards and Guidance. In his new role, Perry is responsible for directing technical analysis and scientific research to develop standards and guidance materials, and overseeing regulatory development on a range of occupational safety and health topics.

“Bill has been a tremendous asset to this agency for many years and I am confident that he will be an effective leader in developing occupational safety and health standards that accomplish the agency’s mission of protecting America’s workers,” said Assistant Secretary Michaels.

Perry began his federal career at OSHA in 1994 as a health scientist in the Directorate of Health Standards. In that capacity, he served on several project teams to develop standards for crystalline silica, hexavalent chromium, butadiene, respiratory protection programs, updated permissible exposure limits (PELs) for hazardous chemicals, ergonomics, and a number of safety standards.

Prior to joining OSHA, Perry was vice president of a consulting firm that assisted OSHA in conducting health risk assessments, control technology evaluations, and economic impact studies for several agency standards.

Perry graduated from the University of Maryland with bachelor and master degrees in microbiology, and is certified in the Comprehensive Practice of Industrial Hygiene.

Arctic Glacier USA Inc. Fined $274,700 for Exposing Workers to Ammonia

Inadequate safeguards to protect workers against potential ammonia releases at its Brooklyn, New York, ice plant have resulted in $264,700 in OSHA fines for Arctic Glacier U.S.A., Inc., a nationwide ice manufacturer and distributor. .

OSHA’s PSM standard mandates a detailed set of requirements and procedures employers must follow to proactively assess and address hazards associated with processes involving the use of more than 10,000 lb of a hazardous chemical. In this case, it is 14,757 lb of ammonia used in the plant’s refrigeration system. 

“The release of large amounts of ammonia or other hazardous chemicals into the workplace would be catastrophic, but such an event is not inevitable if an employer institutes and maintains proper and effective precautions,” said Kay Gee, OSHA’s area director for Brooklyn, Manhattan, and Queens. “Inadequate and incomplete safeguards could be lethal.”

Among the hazards found at the Brooklyn plant were incomplete operating procedures, undocumented inspections and testing, failing to prove employees with process safety information, failing to document that process equipment complied with recognized and generally accepted good engineering practices, and inadequate workspace in front of electrical equipment.

As a result of these conditions, OSHA has cited the company for six repeat violations with $203,500 in fines. 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 of its facilities in federal enforcement states within the last five years. Since 2011, Arctic Glacier USA Inc. has been cited for PSM hazards at its plants in Fairport, Mamaroneck, and Newburgh, New York; and Aston, Pennsylvania.

“It’s incumbent upon Arctic Glacier to review, assess and correct any PSM deficiencies here and at its other locations. The health and well-being of its employees depend on it,” said Gee.

Other hazards included a lack of required exit routes; a locked exit door; failure to train employees in emergency response; unguarded and unanchored machinery; improper storage of oxygen and acetylene tanks; the use of improperly rated electrical switches in a wet environment; incomplete process safety information; lack of employee participation in process safety management; and failure to verify that employees understood process safety management training.

These conditions resulted in the issuance of 13 serious violations, with $71,200 in fines.

Arctic Glacier U.S.A., Inc. is the second largest ice producer in the country, and is a subsidiary of Arctic Glaciers Holdings Inc., which is Canada’s largest ice producer with headquarters in Winnipeg, Manitoba.

Supreme Oil Co.-South Fined $234,960 for Failing to Correct Hazards

 OSHA initiated the inspection due to a complaint and to complete a follow-up to a previous inspection it conducted in March 2012. Proposed penalties total $234,960. Since 1994, Supreme Oil has had 11 OSHA inspections conducted at its Alabama and New Jersey facilities. In 2012, the Alabama facility received citations for eight safety violations.

“Workers continue to be exposed to safety hazards, such as falls, unsafe forklift usage and amputation hazards. I am disappointed to see these violations present after they had been identified during an earlier inspection,” said Joseph Roesler, director of OSHA’s Mobile Area Office. “Companies with more than one facility need to understand that a repeat violation is not just based upon the history of the site where the original violation occurred, and it can be based upon any of their locations covered nationally by federal OSHA. OSHA requires companies to communicate with their facilities corporate wide to ensure hazards are addressed at all locations.”

OSHA issued the repeat citations for the employer’s failure to provide guardrails for staircases and open-sided platforms, maintain dry floors in areas where oil and water were mixed, and train workers to turn off machinery to prevent accidental startup while performing maintenance and services. Additionally, the employer exposed workers to being struck-by falling stock from damaged metal shelves, amputation, and electrical hazards.

The serious citations were issued to the employer for exposing workers to electrical hazards from improperly labeled wiring and not providing workers with the required training to operate an industrial truck. The employer failed to develop procedures to prevent accidental startup and to identify the energy shut-off valves properly on machinery.

Central Transport Fined $108,020 for Forklift, Fall Hazards

 

“Yearly, thousands of workers are injured while operating powered industrial vehicles, better known as forklifts. Maintenance for these vehicles, which are used daily, is vital to employee safety,” said Thomas Bielema, OSHA’s area director in Peoria. “Central Transport has a responsibility to ensure that all equipment used in its facilities is safe and that employees are protected during work activities.”

OSHA opened the inspection under the Local Emphasis Program for Powered Industrial Vehicles. The program was implemented to reduce fatalities and injuries caused by these vehicles, which have been the source of 105 occupational fatalities during fiscal years 2005 through 2013 in Illinois, Wisconsin, and Ohio.

OSHA issued one willful violation for failing to remove from service a forklift that needed repair.

Three repeat violations were issued, including failure to provide adequate fall protection at dock door openings because guardrails were not in place, which exposed workers to falls of more than 4 feet. The company was cited for failure to inspect forklifts before use and for not grounding electrical equipment properly. Similar violations were cited in 2009, 2010, and 2013 at locations in Georgia, Ohio, and Mississippi.

One serious violation was issued for having an exit door locked from the inside.

Central Transport employs about 4,300 workers at 170 locations nationwide. The Rock Island terminal has about 20 employees.

Worker Crushed by Machinery at Ohio Steel Mill, Fined $94,000

After receiving information that a worker had suffered severe injuries after being crushed between two machines, OSHA has cited Vallourec Star for 22 serious safety violations. The machine operator suffered multiple fractures to his pelvis, February 27, 2014, and has been unable to return to work. The investigation found that Youngstown, Ohio, steel mill workers were exposed to crushing, amputation, and fall hazards. Proposed penalties total $94,000.

“Manufacturers that operate dangerous machinery must be aware of the daily hazards workers face while working with this machinery. Vallourec Star did not prioritize safety,” said Howard Eberts, OSHA’s area director in Cleveland. “No worker should be injured on the job because the company failed to provide the required protections.”

OSHA’s inspection found that the full-time operator was crushed between an activated transfer paddle and a stationary electrical box in the plant. The injury occurred because the company did not have sufficient procedures to protect workers from moving machinery parts during servicing or maintenance and failed to train workers to recognize hazards and proper machine lockout procedures. Equipment at the mill also lacked adequate machine guards designed to prevent injuries. These hazards are among OSHA’s most frequently cited violations.

Other violations involved failure to protect workers from fall hazards in the mill, including unguarded floor openings, ladderways, and open-sided platforms and staircases that lacked guard and handrails. The company was cited for using damaged and improperly wired electrical components and forklifts that needed repair.

Vallourec Star produces seamless tubular products, primarily for oil and gas applications. The company has an electric steel mill and two tube rolling mills in Youngstown. A subsidiary of Vallourec USA, the company also operates facilities in Houston, Texas; and Muskogee, Oklahoma.

On July 14, the company was cited for a serious violation for exposing workers to excessive noise.

Roma Construction Repeatedly Exposes Workers to Fall Hazards

Roma Construction, Inc., a stucco plastering subcontractor of Monticello Homes, is being cited for five repeat and seven serious violations by OSHA. 

Investigators found employees applying exterior stucco from a scaffold with little planking or platforms to work from and no railing to protect the workers from a fall. 

“These hazards are absolutely preventable if the appropriate fall protection measures are in place. A fall can rob a worker of their livelihood or, worse, their life,” said Kelly C. Knighton, OSHA’s area director in San Antonio. “Roma Construction has a history of repeatedly failing to provide safe scaffolds and train its workers on fall hazards. Their disregard for worker safety is unacceptable.”

The five repeat violations, with a penalty of $58,520, were cited for failure to: provide guardrails, ensure scaffold platforms and walkways were at least 18 inches wide, provide proper access and egress, and train employees on properly erecting and dismantling scaffolding equipment. Similar violations were previously cited in 2009 and 2011 at other San Antonio work sites.

The seven serious violations, with a penalty of $20,680, were cited for failure to: ensure makeshift devices were not used on the scaffold platforms to extend the working level height; provide cross bracing and ensure that scaffolds were erected, moved, or altered by trained workers under an experienced supervisor; and develop, implement, and maintain a hazard communication plan.

Mt. Pleasant Blacktopping Cited for Failing to Protect Workers from Trench Cave-Ins

Exposing workers to cave-in hazards while installing water mains has resulted in Mt. Pleasant Blacktopping, Inc., being cited for one willful and one serious safety violation by OSHA. OSHA opened the April 27 inspection after observing employees working in three separate unprotected trenches in Hamilton, Ohio. Proposed penalties total $77,000.

“OSHA has cited Mt. Pleasant Blacktopping three times in the past year for failing to utilize the many forms of cave-in protection available to keep workers in trenches safe. The fact that three separate crews were working simultaneously without using cave-in protection demonstrates that this company does not have an adequate safety program,” said Bill Wilkerson, OSHA’s area director for Cincinnati. “Trench cave-ins can bury a worker in minutes and result in numerous fatalities and injuries every year.”

 

One willful violation was cited for failing to ensure workers were protected by placing side wall protection into each of the three, 6 foot deep trenches. OSHA standards mandate that all excavations 5 feet or deeper be protected against collapse.

The investigation also found that the company did not implement an adequate safety program, including failing to train workers on safe excavation and trenching.

Diversified Fabricating Inc. Exposes Workers to Amputations, Falls, and other Hazards

Diversified Fabricating, Inc., was cited by OSHA for 23 safety and health violations, including exposure to amputation and fall hazards, following an inspection at the company’s facility in Oneonta, Alabama.  Proposed penalties total $73,500.

“This inspection identified numerous safety and health hazards, such as the accumulation of combustible materials throughout the facility, a lack of machine guarding, fall hazards and exposure to iron oxide fumes, all of which put workers at risk of severe injury or death,” said Ramona Morris, director of OSHA’s Birmingham Area Office. “These hazards should have been identified and corrected prior to any OSHA inspection, affording workers a safe and healthful working environment.”

Additionally, the employer was cited for failing to develop procedures to protect workers from moving machine parts during servicing and maintenance, exposing workers to amputation and struck-by hazards by not properly guarding machinery, and allowing fuel and oxygen tanks to be improperly stored—creating an explosion hazard.

Unguarded Machine at Loparex LLC Leads to Amputation of Worker’s Thumb

After an unguarded laminating machine crushed a worker’s hand and partially amputated his thumb, Loparex, LLC, a manufacturer of polycoated and silicone-coated papers and films, has been cited for one willful safety violation by OSHA. OSHA initiated the inspection May 8, 2014, after receiving information about the injury at the Hammond, Wisconsin, facility. Proposed penalties total $70,000.

“Allowing workers to operate dangerous machinery without the appropriate safety measures is unacceptable and often results in catastrophic injuries, such as this one,” said Mark Hysell, OSHA’s area director in Eau Claire. “Moving forward, this employer must be held accountable-not only for this injury, but for the safety of its workers.”

OSHA’s inspection found that on April 8, the worker’s gloved hand was pulled into a moving part on the laminating machine when he reached up to wipe dripping liquid from a mold. There was inadequate machine guarding in place on the laminator. OSHA’s investigation found that employees were exposed to the unguarded part approximately 10 times per 12-hour work shift.

Based in Cary, North Carolina, Loparex has manufacturing facilities in Iowa City, Iowa; Eden, North Carolina; China; India; and the Netherlands. The company’s products are used in applications, including graphic arts, medical, composites, solar, and electronics. The Iowa Occupational Safety and Health Administration cited the company for similar violations in 2008.

Rohn Products Exposes Workers to Amputation Hazards

After an inspection by OSHA, Rohn Products, LLC, has been cited for 11 serious safety and health violations at its steel tower manufacturing plant in Peoria, Illinois. 

“Failing to protect workers from moving machine parts can result in serious injuries, such as amputations, being caught-in and crushed by machinery,” said Thomas Bielema, OSHA’s area director in Peoria. “Employers, such as Rohn Products, who use large industrial machines like this have a responsibility to ensure workers in their plants are trained in and use available safety procedures.”

 

 

 

Rohn Products’ headquarters are located on Adams Street in Peoria, and the company has manufacturing plants on Plank Road and Fairholm Avenue that make steel towers for the communications, wind energy, utilities, lighting, and security fields. The company employs about 34 workers.

OSHA Finds Multiple Safety, Health Violations at Michigan Medical Center for Veterans

 

“The Veterans Administration Medical Center failed to ensure that the facility was a safe and healthy workplace because it did not provide appropriate personal protective equipment or train employees how to keep themselves safe,” said Larry M. Johnson, director of OSHA’s Lansing Area Office. “All employers, including federal employers, are responsible for knowing the hazards in their facilities. They must follow standards to protect worker safety and health.”

OSHA’s inspection found that officials failed to remove a broken, powered industrial vehicle from service, resulting in one repeat violation. The US Department of Veterans Affairs’ facility in Battle Creek, Michigan, was cited for the same safety violation in 2013. Thousands of workers are injured every year, sometimes fatally, while operating powered industrial vehicles.

In addition, OSHA found five serious violations for failure to ensure employees wore masks and eye protection whenever they could expect exposure to splashes, spray, spatter or droplets of blood, or other infectious material, and to ensure that work surfaces were properly decontaminated. Facility officials did not ensure that powered industrial truck operators completed training successfully or that employees who performed housekeeping duties were provided asbestos awareness training. Additionally, the facility used a power strip that exceeded acceptable voltage levels.

As required by the Occupational Safety and Health Act, federal agencies must comply with the same safety standards as private sector employers. The federal agency equivalent to a private sector citation is the notice of unsafe and unhealthful working conditions. A notice is used to inform establishment officials of violations of OSHA standards, alternate standards and 29 Code of Federal Regulations citable program elements. OSHA cannot propose monetary penalties against another federal agency for failure to comply with OSHA standards.

Promoting Worker Safety in Oil and Gas Sector Prompts Alliance Renewal

To continue its mission to keep oil and gas workers safe, OSHA has renewed its 2008 alliance with the Permian Basin Service, Transmission, Exploration, and Production Safety Network in Midland, Texas.

“This alliance reflects a commitment to collaborative approaches that promote workers’ safety and health,” said Joann Figueroa, OSHA’s area director in El Paso. “By joining forces, we will continue to help save lives, prevent injuries and raise awareness in the oil and gas industries within the Permian Basin and west Texas.”

Alliance participants will continue to encourage worker participation in safety and health by holding monthly meetings, sharing best practices and striving to make safety a part of the oil and gas industry culture. 

The signing ceremony was held at the Permian Basin STEPS Network office in Midland, where the alliance was signed by Joann Figueroa, director of OSHA’s El Paso Area Office; Elizabeth Linda Routh, director of OSHA’s Lubbock Area Office; and Andy Cobb, vice president of the Permian Basin STEPS Network.

The purpose of each alliance is to develop compliance assistance tools and resources, and educate workers and employers about their rights and responsibilities. Alliance Program participants do not receive exemptions from OSHA programmed inspections.

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