In his March 16, 2010 testimony before the House Subcommittee on Workforce Protection, David Michaels, Assistant Secretary for Occupational Safety and Health, made a strong case for significantly higher penalties. According to his testimony, serious violations—those that pose a substantial probability of death or serious physical harm to workers—are subject to a maximum civil penalty of only $7,000. Let me emphasize that—a violation that causes a “substantial probability of death—or serious physical harm” brings a maximum penalty of only $7,000. Willful and repeated violations carry a maximum penalty of only $70,000 and willful violations a minimum of $5,000.
According to Michaels, the average OSHA penalty is only around $1,000. The median initial penalty proposed for all investigations in cases where a worker was killed conducted in FY 2007 was just $5,900.
Michaels gave several examples of how small OSHA’s penalties are in comparison to other agencies:
- The Department of Agriculture is authorized to impose a fine of up to $130,000 on milk processors for willful violations of the Fluid Milk Promotion Act, which include refusal to pay fees and assessments to help advertise and research fluid milk products.
- The Federal Communications Commission can fine a TV or radio station up to $325,000 for indecent content.
- EPA can impose a penalty of $270,000 for violations of the Clean Air Act and a penalty of $1 million for attempting to tamper with a public water system.
He also cited examples of instances where he felt OSHA’s penalties were so small that they did not provide an adequate deterrent:
- In 2001 a tank full of sulfuric acid exploded at a Motiva refinery. A worker was killed and his body literally dissolved. The OSHA penalty was only $175,000. Yet, in the same incident, thousands of dead fish and crabs were discovered, allowing an EPA Clean Water Act violation amounting to $10 million—50 times higher.
- In New Jersey an immigrant worker was killed in a fall. The original penalty against his employer for failing to provide fall protection was $2,000 which was later reduced to $1,400.
- In Michigan in 2006 the initial penalty against an energy cooperative was just $4,200 when an employee died after a backhoe hit a gas line that exploded. The employer had violated standards for excavation and safety programs.
In support of the House Bill entitled, Protecting America’s Worker Act (PAWA), which will give OSHA the authority to increase penalties, Michaels stated, “Unlike most other Federal enforcement agencies, the OSH Act has been exempt from the Federal Civil Penalties Inflation Adjustment Act, so there have not even been increases in OSHA penalties for inflation, which has reduced the real dollar value of OSHA penalties by about 39%. PAWA’s penalty increases are necessary to create at least the same deterrent that Congress originally intended when it passed the OSH Act almost 40 years ago. Simply put, OSHA penalties must be increased to provide a real disincentive for employers not to accept injuries and worker deaths as a cost of doing business.”
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OSHA Amends Chromium Exposure Monitoring Notification Requirement
Before this modification was implemented, employers were only required to notify employees of exposures that exceed the PEL. The notification requirement becomes effective on June 15, 2010.
OSHA is responding to the Third Circuit Court’s decision that the agency failed to explain why it departed from the proposed rule that would require notifying workers of all hexavalent chromium exposures. Workers exposed to this toxic chemical are at greater risk for lung cancer and damage to the nose, throat, and respiratory tract.
After reviewing the issue, OSHA decided to make hexavalent chromium consistent with other OSHA standards on hazardous substances such as lead and arsenic that require worker notification of all exposures, whether above or below the limit.
“Hexavalent chromium is a dangerous chemical and exposure can lead to serious adverse health effects,” said Assistant Secretary of Labor for OSHA David Michaels. “With this new notification requirement, employers are now required to provide more information to workers that help them identify and reduce their own exposure to toxic chemicals.”
OSHA will accept public comments on the Direct Final Rule and companion Notice of Proposed Rulemaking until April 16, 2010. The Notice of Proposed Rulemaking will go into effect if the agency receives significant adverse comments within 30 days of publication. This will allow the agency to continue the rulemaking as a “Notice and Comment” rulemaking.
OSHA Announces Informal Public Hearing on Hazard Communication in Pittsburgh on March 31
OSHA will hold an informal public hearing in Pittsburgh on March 31 regarding a proposed rule to align the agency’s Hazard Communication Standard (HCS) with the United Nations’ Globally Harmonized System of Classification and Labeling of Chemicals (GHS).
The system provides a single, harmonized system to classify chemicals, labels, and safety data sheets with the primary benefit of increasing the quality and consistency of safety information provided to workers, employers, and chemical users. Inconsistencies in warnings, such as unfamiliar symbols and misunderstood hazard statements, could cause workers’ deaths.
This hearing is the second of two OSHA scheduled to accept comments about the HCS. The agency will consider participants’ comments in developing a proposed rule on aligning HCS and GHS. A number of countries, including the United States, along with stakeholder representatives and international organizations, participated in developing the GHS to address inconsistencies in hazard classification and communications.
The hearing will be held at the Marriott Pittsburgh City Center, 112 Washington Place in Pittsburgh, beginning at 9:30 a.m. EDT. The hearing is open to the public for observation.
OSHA eTool Explains Ways to Protect the Safety of Electric Power Workers
Approximately 80 workers die from electric shock each year while working on electrical equipment or related utility operations.
Recent deaths have illustrated the dangers of working with electric power. A worker installing decorative lights on a tree was electrocuted after touching a high-powered overhead electrical line. Another worker was electrocuted after contacting an overhead high-voltage line with a portable light tower while working at a water main repair site.
“We cannot allow these tragedies to continue,” said Assistant Secretary of Labor for OSHA, David Michaels. “This eTool informs employers of their obligation to protect electrical workers from serious injuries and death, and also lets workers know the preventive steps their employers must take to assure worker safety.”
MIOSHA to Kick Off Safety Pays Campaign
The Michigan Occupational Safety and Health Administration (MIOSHA) will kick off a major campaign, on Tuesday, March 23, 2010, at 11:30 a.m., at the MSU Henry Center for Executive Development, in Lansing. The theme of the campaign is: Protect Workers…Pay Yourself. The National Safety Council estimates a worker injury with NO lost time costs $7,000 on average. A company must sell extra product to cover the accident costs.
Rob De Ward, Safety Director, Kamminga & Roodvoets, Inc., Grand Rapids, and Vince Griffin, Safety Director, RAM Construction Services, Inc., Livonia, will share how protecting their workers resulted in significant savings to their companies.
The Associated General Contractors (AGC) of Michigan is holding their annual Michigan Construction Safety Training Day in Lansing at the MSU Henry Center on March 23rd. MIOSHA will unveil the new “Safety Pays” campaign during the lunch session. For more information, contact Judith Shane at 517-322-1791.
Fraudulent Safety Trainer Added to OSHA’s Watch List
OSHA added another trainer to its Outreach Trainer Watch List after an investigation showed the trainer failed to comply with program guidelines. OSHA’s investigation of Tyrone Nichols revealed he failed to collect and retain course records and falsified information on OSHA-issued student course completion cards for an OSHA 10-hour construction safety course. Nichols’ training authorization was revoked. The agency continues to strengthen the program’s integrity by stopping fraudulent trainers from conducting courses.
Construction Project Shut Down for Use of Non-approved Fall Protection Gear
CAL-OSHA investigators halted work at a roofing construction site after discovering the employer failed to provide fall protection equipment to workers who were installing roofing tiles on two and three-story apartment buildings. Citations are pending against the employer, Falcon Roofing, based out of Reno, Nevada.
The California Department of Industrial Relations’ (DIR), Division of Occupational Safety and Health (Cal-OSHA) launched an initial investigation on March 4, after a complaint about the construction jobsite in Menifee, south of Riverside. At the time of the inspection, workers were not wearing any fall protection.
“Roofing construction is inherently dangerous and falls have been an ongoing source of injuries and deaths,” said DIR Director John C. Duncan. “Inspectors continue to find that proper fall protection systems are not being used to provide sufficient protection for workers in the construction industry. Cal-OSHA will continue to take appropriate action against employers who are not providing adequate levels of protection for their employees.”
After Cal/OSHA inspectors confronted the foreman for Falcon Roofing, employees were provided with a “compliance in a bucket” fall protection kit. These kits are sold under a variety of brand names and come in 5-gallon buckets. The buckets contain a lightweight roof anchor, a rope and rope grab, and a safety harness. Cal-OSHA does not approve the kits as fall protection for residential roofing work. The Cal-OSHA Research & Standards Development Unit has found that the ropes in the kit contain latches that could easily snag and that the rope grabs require constant re-adjustment.
“Cal-OSHA is committed to taking aggressive action to protect employees in the construction industry,” said Cal-OSHA Chief Len Welsh. “The fact that some employers are using non-approved safety kits, highlights the fact that our services are urgently needed in order to ensure workers in dangerous industries are offered the best protection available to them.”
The only personal fall protection equipment approved by the Cal-OSHA Research & Standards Development Unit is a retractable system which adjusts automatically to the roof edge and limits the load on a roof anchor in the event of a fall.
Due to the increased use of “compliance in a bucket” fall protection kits, Cal-OSHA enforcement staff has been instructed to inspect the fall protection equipment in use whenever they encounter a roofing construction site.
OSHA Proposes $55,500 in Penalties Against American Warming and Ventilating Inc.
OSHA cited American Warming and Ventilating Inc., in Bradner, Ohio, with $55,500 in proposed penalties for alleged serious and repeat violations of federal workplace safety and health standards.
OSHA opened an inspection at American Warming and Ventilating Inc., in January as part of its site-specific targeting program due to the company’s high injury and illness rates in comparison to the national rates.
As a result of the inspection, OSHA has issued six serious violations for lack of proper fall protection equipment, improper electrical lockout and tagout procedures to prevent accidental energization start-up, lack of proper machine guarding, lack of proper training for maintenance personnel on power press equipment, damaged welding conductors, and lack of eye protection during welding. An OSHA violation is serious if death or serious physical harm can result from a hazard an employer knew or should have known exists.
The company also has received two repeat violations for failing to have proper machine guarding and to provide workers approved electrical protective equipment. OSHA issues repeat violations when it finds a substantially similar violation of any standard, regulation, rule or order at any of an employer’s other facilities in federal enforcement states when that employer has been cited in the past.
“These types of violations show the blatant disregard the company has for the safety and welfare of its employees,” said OSHA Area Director Jule Hovi in Toledo, Ohio. “Those who ignore safe practices and OSHA regulations are inviting tragedy into the lives of their workers.”
American Warming and Ventilating Inc., one of 30 companies under Mestek Inc., has been inspected by OSHA six times in the past at this location, resulting in 12 violations. There have been 40 inspections for Mestek Inc., companies resulting in 161 violations.
Cast Your Vote in Safety Video Contest
A construction prank, a kitchen accident, and a lifting request gone wrong are some of the stories that unfold in the top student videos designed to promote young worker safety and health in Oregon. The seven video contest finalists are now posted on YouTube for voting:
The top three entries will take home cash prizes ranging from $300 to $500 and will earn a matching amount for their school. The Oregon Young Employee Safety Coalition, Oregon OSHA, SAIF Corporation, American Society of Safety Engineers, and the Occupational Public Health Program of the DHS-Public Health Division are sponsors of the contest.
The contest was designed to increase awareness about safety on the job for young people, with the theme of “Save a Friend. Work Safe.” Students were advised to create a 45-second public service announcement based on one of the following three safety and health categories: the risks of practical jokes in the work place; the risks of repeated lifting and carrying; and the benefits of being trained for every job task.
Contest winners will be unveiled at an April 10, 2010 screening event at Northern Lights Theater in Salem at 1:30 p.m.
Workplace Deaths Decline in Oregon
That total brings the average number of workers who died on the job during the past decade to just below 40—a significant decrease from the average of 55 workplace deaths per year in Oregon in the 1990s and 81 per year in the 1980s. On-the-job injuries also have been declining in recent decades: the statewide rate of reported workplace injuries and illnesses has decreased more than 50% since the late 1980s.
“Oregon workplaces are much safer today, and that’s due to a significant effort by both employers and workers to prevent injuries and deaths,” said Cory Streisinger, DCBS director. “This year, as we commemorate the 20th anniversary of Oregon’s historic workers’ compensation reforms, we must recommit to a focus on prevention, to help ensure Oregon workers come home safely to their families each day.”
The total number of fatalities in 2009 was the same as the total in 2005, when there were also 31 deaths. Those figures are the lowest numbers reported since the state started tracking workplace deaths in 1943. In 2008, 45 people died on the job (eight workers were killed in a firefighting helicopter crash) and in 2007, the fatality total was 35. Part of the most recent reduction is likely to be the result of the downturn in the economy, but the statistics for the decade show a continuing and positive trend.
Construction, trucking and transportation, and agricultural industries saw the largest concentration of deaths, with six in each category. Overall, 12 of the deaths were the result of motor vehicle crashes. The numbers show an improvement in construction, where there were 12 deaths in 2007.
“It’s always good to see the number of fatalities go down, but we must never forget that these numbers represent real people,” said Michael Wood, administrator of Oregon OSHA, a division of DCBS. “Whether 10, or 30, or two workers die on the job, the loss experienced by each fallen worker’s family and friends is just as real.”
DCBS compiles fatality statistics from records of death claim benefits paid by Oregon workers’ compensation insurers during the calendar year. The data reported may exclude workplace fatalities involving self-employed individuals, city of Portland police and fire employees, federal employees, and incidents occurring in Oregon to individuals with out-of-state employers. These workers are either not subject to Oregon workers’ compensation coverage requirements or are covered by other compensation systems. Deaths that occur during a prior calendar year may appear in the compensable fatality count for a later year because of the time required to process a claim.
Complete data on all deaths caused by injuries in Oregon workplaces, regardless of whether they are covered by workers’ compensation insurance, are computed separately and reported in the annual Census of Fatal Occupational Injuries (CFOI) administered by the U.S. Bureau of Labor Statistics. The 2009 CFOI report is not expected for release until the fall of 2010.
Johns Hopkins to Pay $370,000 Penalty for Radiation Safety Violations
The Maryland Department of the Environment (MDE) has entered into an agreement with Johns Hopkins University and Johns Hopkins Hospital to resolve the Department’s civil claims for alleged violations of Maryland laws and regulations governing the use of radioactive materials and radiation machines. The settlement agreement requires Johns Hopkins to pay a $370,000 penalty. Alleged violations occurred at University research facilities and at the Hospital.
MDE Secretary, Shari T. Wilson, said, “To protect public health, it is essential that use of radioactive materials and radiation machines complies with safety requirements.”
MDE alleged that Johns Hopkins did not secure sources of radiation against unauthorized removal or access; allowed workers to use radiation machines without wearing individual monitoring devices that record exposure to radiation; failed to use and maintain certain radioactive materials and related equipment in accordance with requirements that ensure the safety of its workers and the public; and administered radiation treatment to a patient in an area of the body not intended for such treatment.
MDE alleged a total of 19 violations. Johns Hopkins does not admit liability for the alleged violations. The settlement agreement also requires Johns Hopkins Hospital to allow MDE to attend its next four radiation safety committee meetings after the execution of the agreement.
MDE’s Radiological Health Program is charged with ensuring that the public, as well as workers, are protected from unnecessary levels of radiation, as any radiation exposure has a potential public health risk associated with it. To ensure this risk is minimal, it is important to follow all radiation safety practices and procedures, which are designed to guard against overexposure to radiation from the use of radioactive materials and devices that produce x-rays.
OSHA Fines Ohio Decorative Products $91,000
OSHA cited Ohio Decorative Products, a die cast metal products manufacturer in Spencerville, Ohio, with $91,000 in proposed penalties for workplace safety violations.
OSHA opened an inspection in December 2009 after receiving a report that a worker was scalped when his hair was entangled in an unprotected rotating shaft on a piece of equipment. As a result of the inspection, the citations issued—one willful, one serious and one repeat—were all for the employer failing to provide proper machine guarding on equipment.
“Having proper machine guarding on equipment can prevent these needless injuries to workers,” said OSHA Area Director, Jule Hovi, in Toledo, Ohio. “Those who ignore safe practices and OSHA regulations are inviting tragedy into the lives of their employees, and OSHA will do all it legally can to ensure the company complies with the regulations.”
OSHA defines a willful violation as one committed with intentional knowing or voluntary disregard for the law’s requirements, or with plain indifference to employee safety and health. OSHA issues repeat violations when it finds a substantially similar violation of any standard, regulation, rule or order at any other of an employer’s facilities in federal enforcement states after violations have been cited at another facility.
In the past, OSHA inspected Ohio Decorative Products 12 times resulting in 77 violations.
OSHA Fines COMPUSPAR USA for Failing to Abate Safety Hazards
OSHA has cited COMPUSPAR USA Inc., in Allentown, Pennsylvania, for failing to abate previously cited workplace safety and health violations. Penalties total $101,700.
OSHA initiated its investigation on September 15, 2009, to determine the abatement status of previously identified hazards. As a result of the investigation, the company has been cited with four failure to abate violations with a penalty of $83,400. The company also has been cited for six repeat violations with a penalty of $11,400; six serious violations with a penalty of $6,900; and one other-than-serious violation, which carries no penalty.
“The company’s refusal to abate these violations leaves its employees exposed to a variety of hazards and at risk of injury and illness,” said Jean Kulp, area director of OSHA’s Allentown office. “It is imperative that COMPUSPAR take all necessary steps to remove these hazards to ensure the safety and health of workers at the Allentown facility.”
The failure to abate citations address the company’s failure to maintain OSHA 300 logs for two years, to develop and implement a hazard communication program, to train employees on hazardous chemicals, and to develop and implement a respiratory protection program. The repeat violations include the company’s failure to maintain a material safety data sheet for hazardous chemicals used in the spray painting operation, failure to cover flammable liquids, use of unapproved electrical equipment in hazardous locations, lack of proper ventilation in a spray booth, and the lack of cleanliness of the spray area. OSHA issues a repeat violation when an employer previously was cited for the same or similar violation of any standard, regulation, rule, or order at any other facilities in federal enforcement states within the last three years.
The serious violations are due to the company’s failure to properly label a drum containing hazardous chemicals, failure to properly guard machinery, improper use of electric boxes, and the use of a power strip as an alternative to fixed wiring.
COMPUSPAR USA Inc., repairs and reworks electronic and electromechanical equipment, and employs 76 workers at its Allentown site.
Brian Karnofsky Jailed for Muscular Dystrophy, Jailers Blocked Bail Website
Brian has been arrested and will be put in jail for the Muscular Dystrophy Association (MDA) lock-up. We need to collect $2,000 for the MDA to help bail him out. Your tax deductible donation will help MDA continue research into the causes and cures for 43 neuromuscular diseases.
If you enjoy reading the Safety Tip of the Week™, now is the time to help us give hope to kids and families that need our help. Brian’s jailers broke his website link, thinking that they could keep him in jail indefinitely. However, the website has been fixed.
Brian is the President of Environmental Resource Center. Many of you helped bail him out in 2007, 2008, and 2009, but he’s on his way back to jail this year. Don’t bother asking what crimes he’s committed—just know that we need your help bailing him out.
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