Toward that end, OSHA has sent a letter and fact sheet on “Crowd Management Safety Tips for Retailers” to the CEOs.
In 2008, a worker was trampled to death while a mob of shoppers rushed through the doors of a large store to take advantage of an after-Thanksgiving Day Black Friday sales event.
“Crowd-related injuries during special retail sales and promotional events have increased during recent years,” said Assistant Secretary for OSHA Dr. David Michaels. “Many of these incidents can be prevented by adopting a crowd management plan, and this fact sheet provides retail employers with guidelines for avoiding injuries during the holiday shopping season.”
The fact sheet provides employers with recommended elements for crowd management plans. Plans should include having trained security personnel or police officers on-site, setting up barricades or rope lines for pedestrians and crowd control well in advance of customers arriving at the store, making sure that barricades are set up so that the customers’ line does not start right at the entrance of the store, having in place emergency procedures that address potential dangers, and having security personnel or customer service representatives explain approach and entrance procedures to the arriving public.
OSHA also recommends not allowing additional customers to enter the store when it reaches its maximum occupancy level and not blocking or locking exit doors.
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MSHA Asks Court to Close Mine
In an unprecedented legal move, the U.S. Department of Labor’s Mine Safety and Health Administration (MSHA) filed with the U.S. District Court for the Eastern District of Kentucky a motion for preliminary injunction against Freedom Energy Mining Co.’s Mine No. 1. Located in Pike County, Kentucky, Freedom’s Mine No. 1 is owned by Massey Energy Co.
Section 108(a)(2) of the Federal Mine Safety and Health Act of 1977 provides for injunctive relief against noncompliant mine operators who habitually violate health and safety standards. In this particular case, Section 108(a)(2) calls for an injunction because Freedom Energy is engaged in a pattern of violation of the mandatory health and safety standards of the Mine Act, which constitutes a continuous hazard to the health and safety of the miners at Mine No. 1.
“Freedom Energy has demonstrated time and again that it cannot be trusted to follow basic safety rules when an MSHA inspector is not at the mine,” said Joseph A. Main, assistant secretary of labor for mine safety and health. “If the court does not step in, someone may be seriously injured or die.”
“Although this is the first time the department has utilized this legal remedy, it will not be the last,” said Solicitor of Labor M. Patricia Smith. “The solicitor’s office will work closely with MSHA to ensure that we use every tool possible to keep miners safe.” According to the brief MSHA filed, Freedom Energy is engaged in a pattern of failing to examine and maintain critical areas of its mining operations as evidenced by the quantity and gravity of violations in four critical spheres of safety: failure to clear the mine of excessive accumulations of coal dust; failure to protect the roof, face, and ribs from falls and maintain an effective roof control plan; failure to test and maintain electrical equipment in a safe working condition so as to protect against fire or explosion; and failure to effectively ventilate the mine of noxious and explosive gases.
Freedom Energy Mine No. 1 lies in a particularly dangerous coal seam that liberates massive amounts of methane—approximately 1.8 million cubic feet every 24 hours—and is prone to roof falls. In the past two years, seven miners have been injured at this operation as a result of falling roof. Moreover, since August 11, 2010, six major roof falls have occurred in the mine.
During the eight regular inspections conducted between July 2008 and June 2010, MSHA issued 1,952 citations and 81 orders to Freedom Energy for violating critical safety standards including improper ventilation, failure to support the roof, failure to clean up combustible materials, failure to maintain electrical equipment, and failure to conduct the necessary examination of work areas.
On numerous occasions, MSHA district office officials have attempted to resolve serious safety issues at Freedom Energy, including meetings with upper mine management over recurring roof problems, ventilation and dust control issues, accumulations, electrical equipment maintenance and inadequate examinations. The inspections, citations and meetings with mine management have not resulted in changes in behavior. As such, MSHA is compelled to use its statutory authority to ask the federal court to temporarily shut down the mine until the safety issues are addressed.
If the U.S. district court in Kentucky grants MSHA’s motion as proposed for a preliminary injunction, Freedom Energy will be required to close its mine temporarily and take specific actions before it can re-open. Freedom must correct all hazardous conditions in its mine and establish a health and safety management program for approval by MSHA before resuming production. Under its safety and health management program it must, among other things, establish an effective training and communications program; ensure that high-level mine officials conduct additional examinations; take additional air readings in critical areas; withdraw all miners when violations are found and pay miners who are idled by such withdrawals.
OSHA Issues Directive on Shipyard PPE
The directive provides information and enforcement guidance to support OSHA’s inspection efforts in shipyard employment and updates OSHA’s prior directives to include the following significant changes:
- Clarifies the PPE that employers must provide at no cost to their employees, when employers must pay for replacement PPE, and when employers are not required to pay for PPE.
- Clarifies the PPE payment requirements for PPE worn off the job site, for PPE that must remain at the job site, and for employee-owned PPE.
- Sets forth enforcement policies to reflect court decisions concerning PPE.
- Updates references and directives to include new documents and the current version of documents previously listed.
- Delivers available shipyard PPE safety and health information in a web-based format with electronic links to noted references.
The directive was issued to OSHA’s national, regional and area offices, and State Plan programs and federal agencies.
Safety Stand-down at Georgia Construction Sites on Tuesday, November 9
OSHA is partnering with construction contractors, the Federal Highway Administration, the state of Georgia, and local government organizations to sponsor a safety stand-down hour at local construction sites around Georgia on Tuesday, November 9.
Employers will voluntarily stop work at construction sites from 7 to 8 a.m. EST to conduct work zone safety training focused on the prevention of injuries occurring when employees are struck by objects and vehicles. Objects and vehicles striking workers are a lead cause of construction-related deaths. Approximately 75% of struck-by fatalities involve heavy equipment such as trucks or cranes.
“The one-hour stand down will heighten employees’ awareness and their ability to identify and eliminate work-related hazards in the construction community,” said Cindy Coe, OSHA’s regional administrator for the Southeast. “This alliance has taken the initiative and shown leadership with organizing and conducting this safety stand-down industry-wide as well as throughout Georgia to emphasize the importance of employees’ safety in work zones.”
The Georgia Struck-By Alliance consists of OSHA, Associated General Contractors of America Georgia Branch, 3M Visibility and Insulations Solutions, Georgia’s Department of Transportation, Federal Highway Administration Georgia Division, Georgia Highways Contractors Association, Georgia Utility Contractors Association, Association County Commissioners of Georgia, Georgia Tech Research Institute, Lamar Signs, Surveying and Mapping Society of Georgia, and Georgia Power.
Persons interested in more information from OSHA should contact Marilyn Velez in OSHA’s Atlanta-West Area Office at 770-984-8700, Steve Simmons in Atlanta-East Area Office at 770-493-6644, or Phillip Moncrief in the Savannah Area Office at 912-652-4393.
These groups include unions, consulates, trade and professional organizations, faith- and community-based organizations, businesses, and educational institutions. OSHA and the groups work together 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.
Study Finds BPA in U.S. Food 1,000 Times Less than Limits
For the first time in the United States, researchers are reporting in a peer-reviewed scientific journal detection of Bisphenol A (BPA) in fresh and canned food as well as food wrapped in plastic packaging. The amounts in the limited sample, however, were almost 1,000 times lower than the “tolerable daily intake” levels set by the EPA and the European Food Safety Authority (EFSA).
Arnold J. Schecter and colleagues note that BPA is used in lining metal cans and in polycarbonate plastics such as baby bottles, although some manufacturers are switching to BPA-free products. “In humans, BPA is associated with cardiovascular disease, diabetes, and male sexual dysfunction in exposed workers,” they state. “Food is a major exposure source. We know of no studies reporting BPA in U.S. fresh food, canned food, and food in plastic packaging in peer reviewed journals.”
To fill that gap in scientific knowledge, the scientists measured BPA levels in 105 human, cat, and dog foods. They detected BPA in 63 of 105 human food samples from grocery stores in Dallas, and present a detailed list of foods, brands, and BPA levels in the text of the study. The levels were lower than the 50 micrograms per kilogram of body weight standard used by EPA and EFSA and comparable to levels detected in the past. Schecter noted that some studies have shown adverse effects associated with exposure to BPA at lower doses. “Further research is indicated to determine BPA levels in U.S. food in larger, representative sampling,” the report said.
Federal OSHA Report Recognizes NMED’s Occupational Health and Safety Bureau for Exceeding Goals
OSHA released a recent report that recognizes the state’s Occupational Health and Safety Bureau for exceeding its goals in keeping keep New Mexico’s workers safe on the job and reducing the rate of workplace deaths.
The state’s most important achievements are the reductions in fatality and injury/illness rates between 2007 and 2008, the latest years for which data is available, federal OSHA’s Enhanced Federal Annual Monitoring and Evaluation report stated. The fatality rate per 100,000 workers dropped from 5.2 in 2007 to 3.8 in 2008, and the Total Recordable Case rate per 100 workers in all industries declined from 5.0 in 2007 to 4.4 in 2008.
“I am proud of the diligence our Occupational Health and Safety Bureau for the hard work that keeps New Mexicans safe in the workplace,” said New Mexico Environment Department Secretary Ron Curry. “OHSB continues to reach out to the oil and gas, construction and other industries to offer services that make work sites safer. We have seen great success with those programs.”
New Mexico, however, was one of the exemplary states. New Mexico made progress on all of its FY 2009 annual performance plan goals, the report stated. In addition, “the OHSB continued nine local emphasis programs to address the high hazard industries identified in their strategic plan and industries where fatalities have occurred.”
The mission of the department’s Occupational Health and Safety Bureau is to assure every employee safe and healthful working conditions. The bureau adopted Federal OSHA Regulations and promulgated some state specific regulations, including convenience store regulations that have been a model for other states. The scope of OHSB’s jurisdiction includes all private industry and public entities such as city, county, and state government; excluding federal employees.
CONN-OSHA Plans Outreach Seminars for State, Municipal Employers
In November and December, employees with the Connecticut Department of Labor’s Division of Occupational Safety and Health (CONN-OSHA) will be meeting with state and municipal agency employers to inform them about the variety of tools and services CONN-OSHA can provide to a community. A series of six outreach seminars, titled How We Can Help You?, will be held from 8 a.m.–noon in locations throughout the state.
The free seminars will be offered on the following dates:
- November 10: Nathan Hale Inn, 855 Bolton Rd., Storrs/Mansfield
- November 17: The Hilton Mystic, 20 Coogan Blvd., Mystic
- November 19: The Courtyard by Marriott, 3 Eagle Rd., Danbury
- December 17: The Norwalk Inn & Conference Center, 99 East Ave., Norwalk
“Our goal is to meet one-on-one with employers throughout the state to better inform them of the many programs and services CONN-OSHA can provide for them,” explains CONN-OSHA Safety Training Specialist Catherine Zinsser. “Those benefiting from these sessions include public officials, members of area Boards of Education, Risk/Loss Control personnel, controllers, business and facility managers, members of safety committees at local companies, and anyone having on-the-job OSHA-related responsibilities.”
Outreach sessions will begin with registration and a continental breakfast followed by a general discussion period with a CONN-OSHA representative. Attendees will also learn about CONN-OSHA’s free consultation program in which a CONN-OSHA representative pays an onsite visit to a company’s facility and advises employers and employees about safety and health procedures being used at the site.
OSHA Cites Amtec Corp. for Safety Violations after Explosion Kills 2 Workers
OSHA has cited Amtec Corp., a contractor at the U.S. Army’s Space & Missile Defense Command, Redstone Arsenal, in Huntsville, Alabama, for safety violations following an explosion that killed two workers.
In May, two workers were killed after suffering third-degree burns over 90% of their bodies as a result of an explosion involving ammonium perchlorate and n-Butanol. The workers were attempting to purify the ammonium perchlorate by removing it from a mixture that also contained n-Butanol. A decanter centrifuge separated the ammonium perchlorate and n-Butanol mixture. During the separation process, an explosion occurred.
“Management knew the hazards associated with ammonium perchlorate recovery and failed to ensure the proper equipment was being used, while also allowing the workers to process the material in excess of 10 times the amount of explosives according to the Army’s standard operating procedures,” said Roberto Sanchez, OSHA’s area director in Birmingham, Alabama.
The company is being cited with two willful violations for allegedly exposing workers to fire and explosive hazards by not verifying the suitability of the equipment being used to process ammonium perchlorate and n-Butanol slurry and for operating the system adjacent to a decanter centrifuge instead of in a remote location. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.
Four serious citations are also proposed for hazards related to dispensing n-Butanol to containers without bonding between the containers or the building’s grounding system, storing more than 120 gallons of n-Butanol in an area where the ammonium perchlorate recovery process was being conducted, allowing sources of ignition in a location where flammable vapors could accumulate and failing to provide flame retardant clothing for each worker. A serious citation is issued 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.
OSHA Cites Harbison-Walker Refractories Co. for Serious Workplace Hazards
OSHA has issued Harbison-Walker Refractories Co., of Vandalia, Missouri, 17 workplace safety violations with $119,625 in proposed penalties. OSHA’s inspection of the masonry block manufacturing company’s facility, initiated under OSHA’s site-specific targeting program addressing employers with high injury and illness rates, found 16 serious violations and one repeat violation.
“There is no excuse for such a lack of attention to safety and particularly a repeat violation,” said Charles Adkins, OSHA’s regional administrator in Kansas City, Missouri. “It is imperative that employers take the necessary steps to eliminate hazards and provide a safe working environment for all of their employees to prevent accidents from occurring.”
The serious violations stem from deficiencies in floor guarding, wall openings, mobile ladder stands, exit routes for emergency egress, powered industrial truck operation, machine guarding, use of compressed air, and electrical wiring and equipment.
The repeat violation addresses a hazard associated with the working space around electrical equipment. A repeat violation is issued when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facilities in federal enforcement states within the last five years.
OSHA Fines Lowe’s Rockford Distribution Center $182,000 for Recordkeeping Violations
OSHA has cited the Lowe’s Home Centers Inc., regional distribution center in Rockford, Illinois, with $182,000 in proposed penalties for failure to document and report employee injuries and illnesses, as required by OSHA safety and health regulations.
As the result of a May inspection, OSHA issued Lowe’s Home Centers Inc., four willful citations with a proposed penalty of $160,000 for alleged continuous failure to correctly classify injuries or illnesses and not correctly recording the number of days a worker was away from work due to injury or illness in the OSHA 300 log.
The distribution center also received two repeat violations with proposed penalties of $20,000 and two other-than-serious violations with proposed penalties of $2,000 for other recordkeeping violations. OSHA requires employers to record and maintain occupational injuries and illnesses on the OSHA 300 log. 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.
“Accurate injury and illness records are vital to protecting workers’ health and safety,” said OSHA Area Director Kathy Webb in North Aurora, Illinois. “Accurate records are an important tool that employers and workers can use to identify hazards in the workplace, and they also enable OSHA to better target its resources.”
OSHA Fines ABC Professional Tree Services
OSHA has cited ABC Professional Tree Services Inc., a Houston, Texas-based company specializing in tree trimming for public utility lines clearance, with $146,000 in proposed penalties for allegedly failing to ensure employees were trained to work near energized transmission and distribution lines. The fines are the result of a May jobsite inspection in Morris, Illinois.
“The electrical transmission and distribution regulations are quite clear when it comes to workers’ exposure to energized power lines,” said Kathy Webb, OSHA’s area director in North Aurora, Illinois. “The training and qualification of the workers must meet certain criteria to enable them to safely work around energized lines. Requiring employees to work around these lines, which may expose them to electrocution hazards, without proper training demonstrates a willful disregard for the workers’ safety.”
OSHA issued one willful citation with a proposed penalty of $70,000 for failing to ensure employees were trained and qualified to work near energized transmission and distribution lines.
ABC Professional Tree Services also received one repeat violation with a penalty of $70,000 for allowing workers to operate a bucket truck within the minimum approach distance to energized transmission lines.
In addition, the company was issued one serious violation with a proposed penalty of $5,000 for failing to conduct a job briefing prior to the start of the workday and one other-than-serious violation with a proposed penalty of $1,000 for failing to certify the OSHA 300 logs that record employee injuries and illnesses for the years 2007, 2008 and 2009.
Since 2004, ABC Professional Tree Services has been inspected 11 times nationwide and issued 15 citations for violating OSHA standards. These inspections include three that resulted from workplace fatalities in 2006 and 2007.
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