. The proposal seeks to lower worker exposure to crystalline silica, which kills hundreds of workers and sickens thousands more each year. After publication of the proposal, the public will have 90 days to submit written comments, followed by public hearings.
“Exposure to silica can be deadly, and limiting that exposure is essential,” said Dr. David Michaels, assistant secretary of labor for occupational safety and health. “Every year, exposed workers not only lose their ability to work, but also to breathe. This proposal is expected to prevent thousands of deaths from silicosis—an incurable and progressive disease—as well as lung cancer, other respiratory diseases and kidney disease. We’re looking forward to public comment on the proposal.”
Once the full effects of the rule are realized, OSHA estimates that the proposed rule would result in saving nearly 700 lives per year and prevent 1,600 new cases of silicosis annually.
Exposure to airborne silica dust occurs in operations involving cutting, sawing, drilling, and crushing of concrete, brick, block, and other stone products and in operations using sand products, such as in glass manufacturing, foundries, and sand blasting.
The proposal is based on extensive review of scientific and technical evidence, consideration of current industry consensus standards, and outreach by OSHA to stakeholders, including public stakeholder meetings, conferences, and meetings with employer and employee organizations.
“The proposed rule uses common sense measures that will protect workers’ lives and lungs—like keeping the material wet so dust doesn’t become airborne,” added Michaels. “It is designed to give employers flexibility in selecting ways to meet the standard.”
The proposed rulemaking includes two separate standards—one for general industry and maritime employment, and one for construction.
The agency currently enforces 40-year-old permissible exposure limits (PELs) for crystalline silica in general industry, construction, and shipyards that are outdated, inconsistent between industries, and do not adequately protect worker health. The proposed rule brings protections into the 21st century.
The proposed rule includes a new exposure limit for respirable crystalline silica and details widely used methods for controlling worker exposure, conducting medical surveillance, training workers about silica-related hazards, and recordkeeping measures.
OSHA rulemaking relies heavily on input from the public and the agency will conduct extensive engagement to garner feedback from the public through both written and oral comments. OSHA will accept public comments on the proposed rule for 90 days following publication in the Federal Register, followed by public hearings. Once public hearings conclude, members of the public who filed a notice of intention to appear can then submit additional post-hearing comments.
GHS OSHA Hazard Communication Training PowerPoint Now Available
With OSHA’s adoption of the Globally Harmonized System (GHS) for the classification and labeling of hazardous chemicals, virtually every chemical label, MSDS—now called Safety Data Sheet (SDS), and written hazard communication plan must be revised to meet the new standard.
By December 1, 2013, all employees at your site that work with, or are exposed to, hazardous chemicals must be trained to understand the new classification system, labels, warning statements, precautions, pictograms, and safety data sheets for chemicals at your worksite.
Environmental Resource Center is making available a PDF presentation or a customizable PowerPoint that you can use for on-site worker training. The training program, which covers all of OSHA’s required GHS Hazard Communication training requirements, is in a format that is easy to understand.
Pricing and options:
Options:
1. Customized PowerPoint: send us your written GHS hazard communication plan and 10–20 safety data sheets. We’ll create a custom training program for your site: $899
2. If you have not updated your hazard communication plan, let Environmental Resource Center update it for you: $799
3. Customized PowerPoint and hazard communication plan: $1600
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 SDSs.
California Convenes Interagency Task Force to Improve Safety at California’s Oil Refineries
Officials from more than a dozen local, state, and federal agencies came together recently for the first meeting of the newly established Interagency Refinery Task Force, an important step in the State’s plan to improve public and worker safety at and near oil refineries.
The Task Force, which will be located within the California EPA, was formed to enhance coordination and regulation of the state’s refineries and to strengthen emergency preparedness in response to future refinery incidents.
“The Task Force is not a substitute for strong state and local oversight,” said California Secretary of Environmental Protection Matthew Rodriquez. “But it will play an important role in better coordinating the actions of multiple agencies and facilitating information sharing. Our goal is to improve protections for workers, communities and the environment.”
“This is the way government ought to work when there are multiple agencies involved, as is certainly the case with refinery safety,” said Department of Industrial Relations Director Christine Baker. “We look forward to working with our sister agencies to improve our oversight.”
Creation of the Task Force was a recommendation of the recently released draft report of the State’s Interagency Working Group on Refinery Safety. The group was formed following the August 2012 fire at Chevron’s Richmond, California, oil refinery, which created a plume of smoke that spread to surrounding communities.
The Task Force is charged with carrying out the report’s other recommendations, including:
- Working with member agencies to strengthen existing regulations and developing new regulations and practices to address the underlying causes of refinery safety problems
- Ensuring public input in developing plans for responding to emergencies involving the release of toxic chemicals
- Improving alerts and public access to information during emergency events, and enhancing the availability of air monitoring information for the general public
Public outreach will be a central focus of the Task Force. Among its goals, for example, is to establish Refinery Safety Forums in northern and southern California for ongoing dialogue among labor representatives, community members, environmental groups, the refinery industry, and regulators.
In addition to California EPA, members of the Task Force include the California Air Resources Board, the Department of Toxic Substances Control, the State Water Resources Control Board, the Department of Industrial Relations, the Division of Occupational Safety and Health, the Governor’s Office of Emergency Services, the California Department of Public Health, the California Emergency Medical Services Authority, and the Office of the State Fire Marshall.
At the federal level, the Task Force includes the EPA Region 9, and at the local level, members include representatives from Certified Unified Program Agencies and Air Pollution Control Districts with refineries in their jurisdictions.
Pittsburgh RCRA and DOT Training
Columbus RCRA and DOT Training
San Antonio RCRA and DOT Training
Safety App Helps Monitor Outdoor Heat Risk Level
OSHA has made a new tool available to help employers and employees understand heat situations and risk levels. The tool is a Smartphone app that allows outdoor workers to calculate the heat index for their worksite and displays a risk level based on the heat index.
Users can tailor the app’s source code for their own purposes.
Every year, thousands of workers become sick from exposure to heat, and some even die. In 2011, 61 workers died nationally from heat-related injuries and illnesses.
These illnesses and deaths are 100% preventable.
The tool provides reminders about measures that should be taken at each risk level to protect workers from heat-related illness, spring through fall seasons. These reminders include:
- Drinking enough fluids
- Scheduling rest breaks
- Planning for and knowing what to do in an emergency
- Adjusting work operations
- Gradually building up the workload for new workers
- Training on heat illness signs and symptoms
- Monitoring each other for signs and symptoms of heat-related illness
Employers and employees are strongly encouraged to learn about heat-related illnesses and take necessary precautions for prevention.
New Jersey Food Manufacturer Fined $259,000 for Willful, Other Violations
A February inspection was initiated as part of the agency’s Site-Specific Targeting 2012 inspection plan and resulted in $259,000 in proposed penalties.
“The wide range and variety of both safety and health related violations found at Supreme Oil Co., Inc., are indicative of a failed safety and health program,” said Lisa Levy, director of OSHA’s Hasbrouck Heights Area Office. “The cited hazardous conditions must be corrected quickly and effectively to ensure a safe and healthful workplace for all employees.”
Lockout/tagout procedures—which prevent inadvertent machine start-up—were not developed, documented, and utilized by the company for the control of potentially hazardous energy, resulting in a willful violation carrying a $70,000 penalty. A willful violation is one committed with intentional, knowing, or voluntary disregard for the law’s requirements, or with plain indifference to worker safety and health.
The repeat violation, carrying a $33,000 penalty was cited because workroom floors were not maintained in a dry condition. The company was cited for similar violations in 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.
The serious violations include electrical and trip hazards, and the company’s failure to provide lockout/tagout training for employees involved in service and maintenance activities, ensure fire exits were not obstructed, provide appropriate machine guarding and fall protection, provide and maintain a hearing conservation program for employees exposed to excessive noise, limit employee exposure to carbon monoxide, and obtain written approval from the forklift manufacturer prior to making modifications. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known. The proposed penalty for the serious violations is $156,000.
“A key way employers can prevent conditions that can injure or sicken workers is to establish and maintain an effective illness and injury prevention program in which management and employees work together to identify and prevent hazardous conditions,” said Robert Kulick, OSHA’s regional administrator for New York.
Ohio Home Depot Faces $150,700 in Fines for Repeat Safety Violations
The inspection was initiated under the site-specific targeting program that directs enforcement resources to workplaces where the highest rates of injuries and illnesses occur.
“By failing to correct previously cited deficiencies, Home Depot continues to dismiss a culture of safety as a priority,” said Deborah Zubaty, OSHA’s area director in Columbus. “Employers who are cited for repeat violations demonstrate a lack of commitment to worker safety and health.”
A total of seven repeat violations cited include blocked exit routes; failing to inspect flexible cords and then use cords with missing ground pins and damaged insulation; effectively close unused openings in electrical cabinets; use flexible wiring in lieu of required fixed wiring; and install plates on receptacles, thus exposing workers to 120 volts of live electricity. The other violations include failing to review, sign, and provide record-keeping documents within four hours, as requested by inspectors. The same violations were cited at various Home Depot stores nationwide from 2010 through 2012.
One serious violation was cited for failing to bond and ground flammable, liquid storage containers during transfer to prevent accidental electrical discharge.
Additionally, in April, one repeat and one other-than-serious violation were cited at the Reynoldsburg store for failing to include pertinent and specific information and report within seven days an incident on OSHA illness-and-injury log. The company signed a settlement agreement for the citations and paid a penalty of $4,620. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.
Based in Atlanta, Home Depot is the world’s largest home improvement specialty retailer with 2,258 retail stores in 50 states, the District of Columbia, Puerto Rico, US Virgin Islands, Guam, 10 Canadian provinces, and Mexico. Fiscal year 2012 sales totaled $74.8 billion, and earnings totaled $4.5 billion. One hundred forty five workers are employed at the Reynoldsburg store.
Nationwide Ice Maker Fails to Maintain Safe Work Environment, Fined Over $147,000
The maker of ice for commercial and retail sales faces proposed fines of $147,400 following an inspection by OSHA’s Buffalo Office begun on February 21, 2013, that found significant safety hazards for workers.
“The company failed on many counts to maintain a safe work environment for its workers. With production plants and distribution facilities in 17 states, it’s important that Arctic Glacier take effective steps to ensure worker safety at all its locations,” said Art Dube, OSHA’s area director in Buffalo. “The repeat citations are based on similar hazards previously cited at the Fairport plant and at other facilities in Pennsylvania and Texas.”
The inspection was conducted under OSHA’s Site-Specific Targeting Program that directs enforcement resources to high-hazard workplaces where the highest rates of injuries and illnesses occur. OSHA inspectors found workers exposed to recurring hazards including failing to establish written mechanical integrity procedures for repair work and inspections, inspect and test process equipment in accordance with the manufacturer’s recommendations, and train workers on required lockout/tagout procedures. These conditions resulted in the issuance of three repeat citations with $104,500 in fines.
Serious violations include fall hazards due to the lack of handrails on stairways, failure to ensure authorized workers affixed lockout/tagout hardware on mechanical equipment under maintenance, and failure to provide permanent wiring in lieu of flexible cord sets, among other violations. This resulted in the issuance of nine serious citations with $42,900 in fines.
Arctic Glacier, 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.
Texas Company Faces Fines for Exposing Workers to Multiple Safety Violations
ProBuild Co., LLC, in Buda, Texas, has been cited by OSHA for 17 safety and health violations, including combustible dust hazards. Proposed penalties total $54,000. OSHA began investigating the materials manufacturing facility in March.
Sixteen serious violations were cited, including failing to provide dust collection systems for combustible dust accumulated from saw use; provide and inspect portable fire extinguishers; provide handrails on staircases; and properly store gas containers to minimize physical damage, tampering by unauthorized people, and exposure to rising temperatures. Other serious violations cited include failing to guard machinery properly; keep hand and portable power tools or equipment in safe operating condition; and develop and implement a monitoring program for workers exposed to noise levels in excess of the allowable eight-hour time-weighted average sound level of 85 decibels. A number of electrical hazards were cited, including failing to close unused openings in electrical boxes, cabinets, or fittings; protect cables from accidental damage due to, for example, sharp corners, doorways, or other pinch points; and ensure the safe condition of electrical cords.
One other-than-serious record keeping violation was cited for failing to properly complete OSHA 300 logs and 301 incident reports of injury and illnesses and provide them to OSHA in a timely manner.
“Employers must ensure their workplaces are evaluated for hazards and take corrective action to prevent injuries and illnesses,” said Casey Perkins, OSHA’s area director in Austin. “Obvious electrical equipment and combustible dust violations at this location need to be corrected immediately.”
ProBuild, headquartered in Denver, employs about 10,000 workers nationwide and about 120 at the Buda work site.
Texas Waterpark Fails to Protect Workers from Hazardous Energy
OSHA has cited Enterprize Management, Inc., and Schlitterbahn Beach Resort Management, LLC, both doing business as Schlitterbahn Beach Waterpark and Resort in South Padre Island, Texas, for six safety violations regarding hazardous energy sources that fatally crushed a 20-year-old lifeguard and severely injured a maintenance supervisor.
OSHA’s Corpus Christi Area Office began its investigation in March after the lifeguard and maintenance supervisor entered a wave generation machine when it was inadvertently activated and causing the two workers to be pinned between the gate and the wall of the wave machine.
“By failing to properly train its workers and provide appropriate lock-out and tag-out procedures for hazardous energy sources, Schlitterbahn tragically exposed its workers to unnecessary risks. OSHA will not tolerate such neglect,” said Michael Rivera OSHA’s Corpus Christi area director. “It is the employer’s responsibility to find and fix workplace violations in an effort to safeguard the health and safety of its workers.”
A willful violation was cited for failing to develop, document, and utilize procedures to control potentially hazardous energy for equipment such as, but not limited to, the wave generation machine. This condition exposed workers to being crushed by equipment inadvertently energized, and to electrical or struck-by hazards.
The five serious violations cited involve failing to provide standard railings on the open sides of all exposed stairways and stair platforms; conduct inspections of the energy control procedures; train workers to recognize hazardous energy sources and procedures; guard water pumps with rotating shafts; and firmly secure an electrical junction box to the wall.
The willful penalty totaled $70,000 while the serious penalties totaled $26,000.
Two Ohio Workers Injured by Unguarded Machine
American Excelsior Co. has been cited by OSHA for 12 alleged serious safety violations. Proposed penalties total $65,000 following incidents where two workers suffered injuries because of a lack of machine guarding at the Norwalk, Ohio, production facility.
“American Excelsior Co. violated OSHA’s machine guarding standards, placing employees at serious risk for injury and amputation,” said OSHA Area Director Kim Nelson in Toledo. “Companies have a responsibility to implement and use all safety precautions, and to train workers regarding the hazards that exist in their facilities.”
OSHA initiated its inspection in May after receiving multiple complaints alleging unsafe working conditions.
The 12 serious citations include lack of personal protective equipment for the hands, not having standard guard and stair railings, failing to utilize energy control procedures, train workers in lockout/tagout procedures, and a lack of machine guarding on various pieces of equipment. Three of the violations were for electrical safe work practices, such as failing to train workers, not providing personal protective equipment for electrical hazards, and improper use of equipment.
The Arlington, Texas-based company has nine locations nationwide. The Norwalk facility manufactures custom foam products for packaging as well as erosion and sediment control products.
OSHA Cites Steel Wire Manufacturer—Koswire Inc. $60,805 for Repeat and Serious Violations
OSHA has cited Koswire, Inc., a manufacturer of steel wire, for one repeat and four serious safety violations following a June inspection at the company’s facility in Flowery Branch, Georgia. The agency initiated an inspection after receiving a complaint. Proposed penalties total $60,805.
The repeat violation, with $38,500 in penalties, involves the employer failing to provide workers performing cleaning operations with training on energy control procedures. The company received a citation for a similar violation in November 2010 at this facility.
Four serious safety violations, with $22,305 in penalties, involve the employer failing to ensure workers performing cleaning operations use lockout/tagout procedures, ensure usage of lockout/tagout devices, protect workers from exposure to electrical hazards by not using a metallic box as intended by the manufacturer, and permit sufficient access to an electrical panel.
“This employer has an extensive OSHA history, yet continues to expose workers to lockout/tagout and electrical hazards that could cause serious injury,” said Bill Fulcher, director of OSHA’s Atlanta-East Area Office. “It is imperative that management immediately eliminate workplace hazards to protect its employees.”
Korea-based Koswire draws steel wire that is later used for the production of springs in various products, such as pens and spray cans.
Lack of Energy Control Procedures Lands Ohio Company a $50,000 Fine
Ameriwood Industries, Inc., faces a $50,000 penalty from OSHA for one alleged repeat safety violation for failing to utilize energy control procedures on foam cutting machines at its Tiffin, Ohio, wood furniture production facility.
“Ameriwood Industries is putting workers at risk for amputation and other serious injuries from the unexpected energization of equipment,” said OSHA Area Director Kim Nelson in Toledo. “Companies must be aware of the hazards that exist in their facilities and take all possible precautions to minimize the risk of injury.”
OSHA initiated its inspection in March after receiving a complaint alleging unsafe work practices in the manufacturing facility. Ameriwood was cited for this violation in 2009 and 2010 at the Tiffin facility.
The company has been inspected by OSHA 10 times since 2004, resulting in the issuance of 10 repeat, 31 serious, and 14 other-than-serious violations.
Ameriwood Industries employs 380 workers corporate wide with 240 employees at the Tiffin location. The company also has manufacturing facilities in Dowagiac, Michigan, and Wright City, Missouri.
Oregon OSHA Cites Woodburn Construction Company $52,500 for Repeated Safety Violations
The Oregon Occupational Safety and Health Division (Oregon OSHA) has fined Bravo’s Construction Services of Woodburn, Oregon, $52,500 for repeatedly not protecting its employees from falls. The fine was the result of an inspection in Beaverton on June 11, 2013, that was based on four serious repeat violations.
The company has been cited a total of six times since December 2012 for a lack of fall protection. Additionally, Oregon OSHA fined Bravo’s $1,350 on August 27, 2013, for exposing workers to lead and asbestos at a Portland construction site.
Employers must protect employees from falls when working at heights of 10 feet or more, according to Oregon administrative rules. The typical penalty for a first-time violation ranges from $400 to $1,000 for a small employer and increases with each repeat violation.
“Falls are among the leading causes of serious injuries and fatalities in construction and have been for many years,” said Oregon OSHA Administrator Michael Wood. “There is no reason for a company to continually disregard the simple safety measures that can keep its workers safe.”
Oregon OSHA, a division of the Department of Consumer and Business Services, cited 218 fall violations in 2012 throughout the state. Since 2000, the agency has placed an emphasis on fall hazard inspections in construction.
In addition to the 10-foot rule, employees working at six feet or above a lower level also need to be protected from falls near open windows, doors, mezzanines, balconies, or walkways.
US Labor Department Reaches Settlement with New Jersey Waste Company Following Heat Fatality
OSHA reached a settlement agreement with Waste Management of New Jersey, Inc., to abate violations involving excessive heat hazards that resulted in the death of a temporary worker in June 2012.
The settlement resolves litigation that began after OSHA’s June investigation led to a citation for one serious violation of the agency’s general duty clause. A temporary worker of Waste Management, employed as a garbage collector, died while picking up trash on a collection route in Hopewell Borough, New Jersey.
The serious violation involved workers exposed to excessive heat conditions while performing outdoor trash collection and the lack of a work rule in the company’s heat management program that addressed adequate fluid consumption.
“We are encouraged that Waste Management has agreed to take the necessary steps to prevent further heat-related tragedies,” said Paula Dixon-Roderick, director of OSHA’s Marlton Area Office. “OSHA is committed to ensuring, that in the hot summer months, employers and outdoor workers understand that drinking plenty of water and taking frequent breaks in cool, shaded areas is incredibly important.”
An employer’s heat stress management program should include, but not be limited to, a work/rest regime that includes a provision to allow workers to become acclimated to extreme heat conditions; schedule work during cooler periods of the day; provide cool water and encourage water consumption of five to seven ounces every 15 to 20 minutes, rather than relying on thirst; and establish a screening program to identify workers with health conditions aggravated by exposure to heat stress. Employers should also provide training for all workers, including temporary workers, contractors and part-time workers, regarding the symptoms of heat-induced illness and its prevention.
As part of the settlement agreement, Waste Management, which provides residential and commercial trash collection services nationwide, has also agreed to pay a $5,000 penalty.
OSHA Takes its Fall Prevention Campaign to the Road
Using posters placed on and in Dallas Area Rapid Transit buses that proclaim “Stop falls in construction,” OSHA recently announced its fall prevention awareness campaign aimed at providing employers and workers with life-saving information and educational materials about working safely from heights.
According to OSHA construction fatality data from August 15, 2012, to August 15, 2013, 33% of construction fatalities in the Dallas/Fort Worth area were related to a fall, while in the entire state, 31% of construction fatalities were related to a fall during that same period. OSHA regulations dictate that when working from heights, such as ladders, scaffolds, and roofs, employers must plan projects to ensure that the job is done safely and the workers protected. Employers must provide fall protection and the right equipment for the job, including the correct kinds of ladders, scaffolds, and safety gear. Workers also need training to understand the proper setup and safe use of specific equipment they will use to complete the job.
“The DART bus campaign is intended to raise awareness among employers and workers about common fall hazards in the construction industry, such as falls from ladders, scaffolds and roofs, and how prevention can save lives,” said John Hermanson, OSHA’s regional administrator in Dallas. “Falls can be prevented and lives can be saved through three simple steps: plan, provide and train.”
Members of the public interested in more information about OSHA’s fall prevention campaign, or to obtain copies of fall prevention-related publications, should contact OSHA’s Dallas Area Office at 214-320-2400 or the Fort Worth Area Office at 817-428-2470.
Anyone wanting more information on how to prevent falls can scan the QR Code located on the DART bus “Stop falls in construction” campaign poster.
OSHA Certifies Croda Inc. as Star Site for Workplace Safety and Health
OSHA recognized the employees and management of Croda, Inc., for excellence concerning the company’s employee safety and health program during a recent ceremony at the manufacturer’s Mill Hall, Pennsylvania, facility. The facility has been designated a “star,” the highest honor in OSHA’s Voluntary Protection Programs (VPP).
“Croda, Inc., has demonstrated an outstanding ability to implement a comprehensive safety and health management system,” said Mark Stelmack, director of OSHA’s Area Office in Wilkes-Barre, who attended the ceremony. “This company is an example of an excellent workplace that values safety and health.”
Croda, Inc., earned VPP star recognition following a comprehensive on-site evaluation by a team of OSHA safety and health experts. The company employs 148 workers at the facility and 10 to 15 contract employees performing various duties, including security, maintenance, capital projects, and janitorial services.
The VPP recognizes private and federal work sites with effective safety and health management systems that have maintained injury and illness rates below national Bureau of Labor Statistics averages. Management, labor, and OSHA work cooperatively and proactively to prevent fatalities, injuries, and illnesses through a system focused on hazard prevention and control, work site analysis, and training. Union support is required for applicant work sites where employees are represented by a bargaining unit. Participating work sites are exempt from OSHA programmed inspections while they maintain their VPP status.
Safety News Links