OSHA Region 4 has announced a new emphasis program focused on reducing fatalities and serious injuries in Alabama, Florida, Georgia, and Mississippi related to powered industrial trucks. Employers are encouraged to bring their facilities into compliance with OSHA standards in the maritime, construction, and general industries.
“Powered industrial trucks are a significant source of serious and fatal injuries to workers,” said Cindy Coe, OSHA’s regional administrator in Atlanta. “Employers are responsible for ensuring that workers follow the proper safety procedures and for eliminating hazards from the workplace.”
The inspections primarily will focus on the training operators receive, maintenance and repair, and the pathways the trucks travel to ensure clear visibility and determine any possible struck-by hazards.
The regional emphasis program began on May 29 and will continue until September 30, 2012, unless it is extended. More information is available to the public by contacting Benjamin Ross at 678-237-0400.
How to Prepare for OSHA Adoption of the GHS for Classification and Labeling of Chemicals
This means that virtually every product label, material safety data sheet (soon to be called “safety data sheet”), 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 MSDSs.
Environmental Resource Center is offering webcast training courses where you will learn how the new rule differs from current requirements, how to implement the changes, and when the changes must be implemented. Dates for the upcoming webcasts include:
- June 30
- July 15
- July 29
Register early to ensure your spot in one of the upcoming sessions.
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OSHA Proposes Fines over $1.9 Million against Alabama Lumber Mill for Egregious and Other Safety Violations
OSHA is proposing penalties of $1,939,000 to the Phenix Lumber Co., and its principal, John M. Dudley, for egregious and other safety violations, including exposing employees to amputation and fall hazards.
Prior to these citations, Phenix Lumber had been cited 77 times by OSHA for serious safety and health violations since 2007.
“Phenix Lumber continues to put workers at risk by choosing not to implement safety measures that would prevent serious injuries to their employees,” said Secretary of Labor Hilda L. Solis. “Employers have a responsibility to keep their workers safe and healthy. One worker injured on the job is one too many.”
OSHA began an inspection on December 15, 2010, in response to a complaint that employees working in the planer mill in Phenix City, Alabama, were exposed to amputation hazards while maintaining, cleaning, and clearing jams on pieces of machinery that did not have their energy sources locked out to prevent their unexpected start up. Two months later, OSHA received a second complaint that an employee had suffered a partial finger amputation while clearing a piece of machinery that had not been locked out. At the opening of an inspection following the second complaint, the compliance officer learned of another employee who had just suffered a severe hand injury while working on unguarded machinery. Phenix Lumber had been cited numerous times during the past four years for allowing employees to work on unguarded machinery while it was operating.
“This situation reflects a systemic problem with the way this company approaches safety and demonstrates an egregious disregard for workers’ safety and health,” said Assistant Secretary of Labor for OSHA Dr. David Michaels.
OSHA has issued Phenix Lumber 13 citations for 24 willful violations, including failure to properly shut down and lock out 13 pieces of machinery before employees were required to perform tasks such as clearing jams and cleaning. These failures exposed employees to amputation hazards, as well as to the possibility of being caught between or struck by pieces of the machinery and falling lumber. The employer also failed to train 11 employees who performed this work on the hazards, and how to shut down and lock out the machinery so that they could perform their tasks safely. OSHA proposed the maximum $70,000 penalty for each violation, totaling $1,680,000.
Citations for three additional willful violations allege that a worker was exposed to fall hazards while working from the top of a machine, locks were not issued to employees as required by the lockout standard, and the company failed to follow established lockout/tagout procedures. These citations carry additional penalties of $70,000 each, for a total of $210,000.
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. OSHA may propose separate penalties for distinct willful violations of the same OSHA standard where one or more of the seven criteria are met as identified in the OSHA directive “Handling of Cases to be Proposed for Violation-By-Violation” (compliance directive 02-00-080). The criteria include that the employer’s conduct, taken as a whole, amounts to clear bad faith in the performance of duties under the Occupational Safety and Health Act.
One citation for a repeat violation with a $35,000 fine was issued for failing to place machine guards on seven chains and sprockets. A violation is “repeated” if the employer was previously cited for a substantially similar condition, and the citation is a final, affirmed order of the independent Occupational Safety and Health Review Commission. This time is the third within three years that Phenix Lumber has been cited for failing to guard this type of equipment.
Citations for two serious violations, each with a maximum proposed penalty of $7,000, were issued for failing to guard a pinch point at a hydraulic pusher plate, which exposed employees to amputation hazards and caused one of the injuries; and to ensure that employees performing lockout/tagout tasks applied and removed their own locks. 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.
OSHA has proposed that the employer be included in the agency’s Severe Violators Enforcement Program (SVEP). Initiated in 2010, the SVEP program is intended to focus on employers that endanger workers by committing willful, repeat, or failure-to-abate violations in one or more of the following circumstances: a fatality or catastrophe, industry operations or processes that expose workers to severe occupational hazards, exposure to hazards related to the potential releases of highly hazardous chemicals, and all instance-by-instance enforcement actions under compliance directive 02-00-080. Inclusion in the program subjects employers to mandatory follow-up inspections; increased company/corporate awareness of OSHA enforcement; and, where appropriate, corporate-wide agreements, enhanced settlement provisions, and federal court enforcement under Section 11(b) of the OSH Act.
OSHA Sues CMM Realty Co., to Obtain Reinstatement and Compensation for Whistleblower
OSHA has sued CMM Realty Inc., for allegedly firing an employee who voiced and reported workplace and environmental concerns regarding asbestos at one of the company’s worksites.
The lawsuit, filed in the U.S. District Court for the District of South Carolina, Columbia Division, alleges that the company violated the Occupational Safety and Health Act when it terminated the individual’s employment. OSHA is asking that the court provide him all appropriate relief, including reinstatement to his former position, back pay, interest and compensatory damages, as well as prohibit the defendant from future violations.
On May 13, 2009, the employee voiced concerns to the owner of CMM Realty concerning asbestos exposure at the company’s Briargate Condominiums. The following day, he filed complaints with the South Carolina Occupational Safety and Health Administration and the South Carolina Department of Health and Environmental Conservation. Both agencies conducted inspections and issued citations against CMM Realty for violating asbestos control standards. On that same day, the employee was informed that his services were no longer needed. On May 18, he was notified officially of his termination from the company.
In June 2009, the employee filed a whistleblower complaint with OSHA. After conducting an investigation, the agency found that CMM Realty unlawfully had terminated the individual’s employment for reporting concerns to management about exposure to asbestos and for filing complaints with the two state agencies. In November 2010, OSHA enforced the whistleblower provisions of the Clean Air Act by ordering the company to reinstate the whistleblower and pay him $56,222 in compensatory damages and back wages, which continue to accumulate while he is out of work. The company appealed that order to the department’s Office of Administrative Law Judges, where it awaits review.
OSHA is now suing the company in federal court for violating Section 11(c) of the OSH Act, which forbids companies from discriminating against an employee because he or she has filed a complaint with OSHA.
“We at OSHA are very serious about protecting America’s workforce and ensuring that employees have a voice about the safety of their work environment,” said Cindy A. Coe, OSHA’s regional administrator in Atlanta. “Employers found in violation of the whistleblower protection provisions of the OSH Act, Clean Air Act, or any of the whistleblower laws we enforce will be held accountable and prosecuted to the fullest extent of the law.”
CMM Realty Inc., is a real estate management corporation with its main office in Columbia, South Carolina.
OSHA is represented in federal district court by the Labor Department’s Office of the Solicitor.
Under the various whistleblower provisions enacted by Congress, employers are prohibited from retaliating against employees who raise various protected concerns or provide protected information to an employer or to the government. OSHA enforces the whistleblower provisions of Section 11(c) of the OSH Act, as well as 20 other statutes protecting employees who report violations of various securities laws; trucking, airline, nuclear power, pipeline, environmental, rail, workplace safety and health regulations; and consumer product safety laws. Employees who believe that they have been retaliated against for engaging in protected conduct may file a complaint with the secretary of labor for an investigation by OSHA’s Whistleblower Protection Program.
Cooper Tire and Rubber and Two Contractors Cited in Mississippi for Combustible Dust and Other Hazards
Cooper Tire and Rubber Co., and two of its maintenance contractors have been cited by OSHA with 25 safety violations at the company’s Tupelo, Mississippi plant, including exposing workers to hazards associated with combustible dust. Proposed penalties total $254,900.
OSHA opened a December 2010 inspection in Tupelo following an inspection of the company’s Findlay, Ohio plant that uncovered multiple workplace hazards and resulted in proposed penalties of $213,500.
“The level of disregard for workers’ safety demonstrated by these employers is truly shocking. Serious fire and explosion hazards existed due to the improper handling of carbon black in the storage silos, dust collections and dust handling systems,” said Clyde Payne, director of OSHA’s area office in Jackson, Mississippi. “It should not take a massive fire or explosion for employers to implement necessary safety measures to protect their employees.”
Two willful violations with proposed penalties of $140,000 include failing to provide protection from fires and explosions in the plant’s ductwork, particle size separators, dust collectors, and conveyor systems; and failing to install equipment and use wiring methods that were approved specifically for hazardous locations.
One repeat violation with a $16,500 penalty was cited for failing to replace or repair defective safety latches on a hoist. The company received a citation for the same violation in 2007 at the Findlay plant.
Nine serious violations with penalties of $47,400 include failing to use a standard guardrail to protect employees from dangerous equipment, provide employees with fixed stairs that have uniform steps, provide standard railings on all fixed industrial stairways, mark electrical equipment to indicate its purpose, provide adequate work space in front of electrical equipment, use permanent wiring in place of flexible cord wiring, and properly splice flexible electrical cords. Additionally, combustible dust was present in the handling systems, and air guns using compressed air for cleaning were operated at too high a velocity.
Two other-than-serious violations with no monetary penalties include failing to provide covers on pull boxes, junction boxes and fittings; and to provide strain relief on flexible cords. 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.
JESCO Maintenance Corp., a maintenance contractor at the plant, was cited with eight serious violations for failing to protect the dust collection and conveying system, repair or replace defective safety latches on a hoist, and provide standard railings on the railcar dock. JESCO also allowed explosive carbon black to accumulate; did not identify electrical connections to indicate their purpose, exposing workers to electrical hazards; provided insufficient working space in front of electrical panels; allowed the splicing of flexible cords instead of providing permanent wiring for equipment; and allowed the wiring and installations of equipment in hazardous locations not designed or approved for those locations. These violations carry proposed penalties of $44,000. Additionally, two other-than-serious violations with no monetary penalties were cited for using pull boxes with missing covers and not providing strain relief on flexible cords.
IH Services, another maintenance contractor, was cited for one serious violation with a $7,000 penalty for installing equipment and using wiring methods in hazardous locations that were not approved.
Pioneer Construction, LARA and MIOSHA Sign Partnership to Protect Workers on Grand Valley State University’s Mary Idema Pew Library Project
Pioneer Construction, the Michigan Department of Licensing and Regulatory Affairs (LARA), and the Michigan Occupational Safety and Health Administration (MIOSHA), signed a formal partnership on June 10 to protect workers at the Grand Valley State University (GVSU) Mary Idema Pew Library Learning and Information Commons project in Allendale, Michigan. The partnership goal is enhanced safety and health protection and zero injuries for workers on this major new facility construction project.
Pioneer Construction is the general contractor for the $47.5 million GVSU Mary Idema Pew Library project. The technology and learning design of the new library will serve as an incubator for 21st century skills, preparing students to compete globally in the information age. The facility will be built to the U.S. Green Building Council’s LEED Platinum specifications—the highest possible standard in that sustainability rating system.
“We’re proud to recognize Pioneer Construction’s commitment to send every construction worker home healthy and whole, every day,” said LARA Deputy Director Steve Arwood. “We’re also proud to recognize Grand Valley State University’s vision to create this innovative learning facility. This project is good for Michigan—and it will help fuel our state’s drive to be a leader in the 21st century economy.”
Signing partners included: Tim Schowalter, Pioneer President & CEO; Scott Veine, Pioneer Director of Sustainability & Project Manager; Brian Blocher, Pioneer Director of Safety; Chris Fisher, ABC of Michigan President & CEO; Steve Arwood, LARA Deputy Director; and Doug Kalinowski, MIOSHA Director. Also signing will be all of the subcontractors and supporting partners.
The event included a unique signing ceremony. To celebrate the creation of this innovative library, all partners signed in an actual 80-page book produced for the partnership ceremony.
“This says a lot about where our company and industry has come,” said Schowalter. “This partnership represents a very important commitment to the safety of our people and to the idea of proactively working together with MIOSHA, our clients and our subcontractor partners to accomplish our safety goals.”
Partnerships are an important emphasis in MIOSHA’s Strategic Plan to improve the health and safety of workers through cooperative relationships with groups, including trade associations, labor organizations, and employers. Partnerships move away from traditional enforcement methods and embrace collaborative agreements.
Recognizing that engineering techniques alone are not enough to ensure that exposure to hazards are controlled, the partnering employers will implement common efforts to assure safety through the following key elements:
- Adherence to all safety policies, procedures, and MIOSHA standards.
- 100% fall protection over 6 feet, including steel erection and roof work.
- 100% eye protection.
- All Crane Operators will be Certified Crane Operators (CCO) as recognized by the National Commission for the Certification of Crane Operators (NCCCO).
- Substance abuse testing with the results provided to the Pioneer Construction Director of Safety.
- Pre-Task Analysis (PTAs) are to be completed and submitted to the project Safety Manager prior to beginning critical work.
- Contractors will provide a Competent and/or Qualified Person for work operations as identified by a MIOSHA standard.
- Pioneer Construction and the partnering employers will uniformly enforce a disciplinary action plan for employees who fail to work in a safe manner.
- Automatic dismissal from this project shall result from any willful or deliberate violation of safety rules or safety policies and procedures.
“The MIOSHA program is dedicated to working with employers to find innovative ways to enhance workplace safety and health,” said Kalinowski. “Through partnerships, MIOSHA can offer employers a voluntary, cooperative relationship to eliminate serious hazards and achieve a high level of safety and health.”
The partnership does not preclude MIOSHA from enforcing its mission of addressing complaints, fatalities, or serious accidents, nor does it infringe on the rights of employees to report workplace hazards.
Established in 1933, Pioneer Construction builds exceptional facilities that perform for their clients, on time and in budget. They are headquartered in Grand Rapids and provide construction solutions throughout the continental United States.
Huntsman Corporation’s Auburn Hills Facility Receives Renewed MIOSHA Recognition of their Workplace Safety and Health Excellence
Huntsman Corporation’s Auburn Hills, Michigan facility is receiving renewal of its MVPP Star Award, the state’s highest workplace safety and health award, from MIOSHA. The MIOSHA program is part of the Michigan Department of Licensing and Regulatory Affairs (LARA).
The Auburn Hills facility is a polyurethane product development operation with 11 machines that duplicate third party processes. The Auburn Hills facility has gone more than 13 years without a lost time accident.
“Huntsman’s Auburn Hills facility is to be commended for its exemplary corporate commitment to workplace safety and health,” said Steve Arwood, LARA Deputy Director. “Worldwide, Huntsman is committed to achieving excellence in environmental, health, and safety (EHS) performance. This company recognizes that a safe workplace provides the foundation for a productive workplace.”
MIOSHA established the Michigan Voluntary Protection Program (MVPP) program in 1996 to recognize employers actively working toward achieving excellence in workplace safety and health. Since 1999, Michigan has recognized 26 MVPP Star companies. This is the most prestigious safety and health award given in Michigan. The Huntsman Auburn Hills facility first received MVPP Star approval on February 27, 2004, and was recertified in 2007.
MVPP Star sites must have incidence rates below the Michigan average for three years. Huntsman’s Total Recordable Case (TRC) rates and Days Away from Work and Restricted/Transfer Cases (DART) rates are well below the Michigan average for their NAICS code 325998–All Other Miscellaneous Chemical Product and Preparation Manufacturing. Their TRC rate was 0.0 in 2007, 2008, and 2009—compared to the Bureau of Labor Statistics (BLS) industry average of 4.2 in 2007, 4.8 in 2008, and 2.3 in 2009. Their DART rate was 0.0 in 2007, 2008, and 2009—compared to the BLS industry average of 2.5 in 2007, 2.9 in 2008, and 1.2 in 2009.
The Huntsman Corporation is committed to achieving excellence in environmental, health, and safety protection. Their environmental, health and safety protection policy states: “It is the responsibility of both management and associates to operate safe, clean and efficient facilities in an environmentally and socially responsible manner.” This policy is posted at the facility and included in the Environmental, Health, and Safety Procedures Manual.
Some of the company’s areas of excellence include:
- Site management is actively involved in nearly every aspect of the safety and health management system.
- The management team presents EHS data at business meetings and holds employees accountable for EHS responsibilities.
- The facility strives for continual improvement through the implementation of the Huntsman Global EHS Standards.
- A complete review of the job safety and health analysis (JSHA) inventory list has been performed and updated.
- The energy isolation procedures (EIPs) have been improved and are now in one common format that is easier to read and follow.
- The emergency response team identified four simulations (fire, chemical release, medical, and weather) and team members were empowered to plan, run, and evaluate the simulations.
The Auburn Hills site has 75 employees and is the Research and Development Center for the Huntsman Polyurethanes Division. Huntsman International LLC, produces chemicals and systems for customers in the construction, refrigeration insulation, packaging, automotive seating and interiors, furniture, footwear, composite wood products, thermoplastic polyurethanes (TPU), and adhesives, coatings, and elastomers markets. Numerous other Huntsman sites within the states of Texas and New Jersey have also earned Star status in the Voluntary Protection Program.
OSHA Cites Pennsylvania Construction Company for Exposing Workers to Trenching Hazards Following Fatality
OSHA has cited Eclipse Builders Inc., in Etters, Pennsylvania with three willful violations for exposing employees to trenching hazards after a trenching accident caused the death of one worker and the serious injury of another in December 2010. Proposed penalties total $168,000.
OSHA initiated an investigation following the accident that occurred when two employees were installing storm water pipes in a trench that was approximately 60 feet long and 18-20 feet deep without trench protection, such as a trench box or proper sloping. The trench wall collapsed, resulting in a fatality and the entrapment of another employee, who was rescued approximately five hours after the initial collapse.
Violations include the company’s failure to provide a safe means of egress in trench excavations that were greater than 4 feet in depth and would require employees to travel no more than 25 feet laterally; provide protection by placing and keeping excavated or other materials or equipment at least 2 feet away from the edge of excavations; protect employees entering excavations from cave-ins with an adequate protective system; have a competent person conduct daily inspections of excavations, adjacent areas, and protective systems to prevent the possibility of cave-ins, failure of protective systems, hazardous atmospheres or other hazardous conditions; and provide training to employees in the recognition and avoidance of unsafe conditions applicable to the work environment.
“This tragic incident did not have to happen,” said Kevin Kilp, director of OSHA’s Harrisburg Area Office. “Excavating is recognized as one of the most hazardous construction operations, so it is vital that the company immediately comply with the OSHA standards designed to protect workers from these kinds of hazards.”
OSHA Cites AL Solutions Inc., in West Virginia after the Deaths of Three Workers in Explosion and Fire
OSHA has cited AL Solutions Inc., for exposing workers to workplace safety and health hazards following an explosion and fire at the company’s New Cumberland, West Virginia facility that caused the deaths of three workers.
OSHA began an investigation in response to the incident that occurred December 9, 2010. As a result, the company received citations for one willful, 16 serious, and one other-than-serious violation. Penalties total $154,000.
“This tragedy could have been prevented,” said Assistant Secretary of Labor for OSHA, Dr. David Michaels. “It is imperative that employers take steps to eliminate hazards and provide a safe working environment.”
The willful violation is the company’s use of an unsafe water sprinkler system with flammable metals, which created an explosion hazard.
Serious violations include the company’s failure to provide a properly designed gas detection system for hydrogen, provide over-pressure protection, safely store flammable metals, provide safe egress, provide appropriate personal protective equipment, ensure the safe use of forklifts, and provide hazard communication training.
The other-than-serious violation is the company’s failure to maintain required record keeping by not completing OSHA Form 301, the Injury and Illness Incident Report.
AL Solutions, which operates plants in New Cumberland, West Virginia, and Washington, Missouri, manufactures titanium and zirconium alloy compacts used in the aluminum manufacturing industry.
Mississippi Poultry Company Cited for Safety and Health Violations Following Worker Fatality
OSHA has cited Marshall Durbin Cos., in Hattiesburg, Mississippi for 12 safety and health violations following the December 2010 death of a worker who was struck by a tractor trailer while filling potholes near the plant entrance. The fatality investigation led to a comprehensive inspection of the plant in January 2011.
OSHA cited the company for one serious safety violation related to the fatality for exposing workers to struck-by hazards by not requiring them to wear high-visibility clothing and by not implementing traffic control measures. Four other serious safety violations include missing mid-rails from stair railings, not adequately illuminating exit routes, failing to have proper machine guarding, and not mounting electrical junction boxes to a structure. Additionally, three serious health violations were cited for allowing emergency responders wearing respirators to have beards, permitting unsanitary bathrooms, and failing to label hazardous chemicals.
The company also was cited for three repeat safety violations for exposing workers to unguarded rotating gear shaft ends, not labeling electric circuit breaker panels, and using a flexible conduit that was not waterproof in wet locations. One repeat health violation was cited for exposing employees to corrosive material without facilities for quick drenching or flushing of the eyes. The company was cited for three of those four violations at the same location in April 2010, including having unlabeled control panels and a non-waterproof conduit in wet locations, and lack of access to the eye wash station.
“An employee’s life was needlessly lost because the employer failed to identify and eliminate hazards prior to allowing work to begin,” said Clyde Payne, OSHA’s area director in Jackson, Mississippi. “If OSHA’s standards for safety and health had been followed, this tragedy could have been avoided.”
Marshall Durbin Cos., headquartered in Birmingham, Alabama, is one of the largest privately owned poultry processing companies in the U.S. and employs approximately 3,000 workers, including 927 at the Hattiesburg location. Proposed penalties for the citations total $120,000.
One Worker Killed, Three Injured when Wall Collapsed at Wisconsin Sand Plant
OSHA has issued one safety citation each to Lewis Construction Inc., and Cedar Falls Building Systems Inc., for the willful violation of failing to adequately brace formwork while pouring concrete walls. Lewis Construction also received nine safety citations for serious violations. An investigation was prompted by the death of a Lewis Construction employee, and injuries to three others, when a wet concrete wall collapsed at a building site in Chippewa Falls, Wisconsin on December 20, 2010.
Lewis Construction is a concrete contractor with more than 40 employees. Cedar Falls Building Systems was the general contractor at the site.
“Lewis Construction and Cedar Falls Building Systems willfully ignored known construction safety procedures by failing to ensure adequate bracing to support recently formed concrete walls,” said Mark Hysell, OSHA area director in Eau Claire, Wisconsin. “Employers are responsible for knowing what hazards exist in their workplaces and taking all precautions to ensure workers are not exposed to risks that could result in injury or death.”
At the time of the wall collapse, five Lewis Construction employees were working from elevated walkways attached to the framework on both sides of the concrete form. The cast-in-place concrete wall that collapsed was 10 feet high, 28 feet long, and 10 inches wide. The willful violation for which both Lewis Construction and Cedar Falls Building Systems have been cited is not adequately bracing formwork to be capable of supporting all vertical and lateral loads.
The additional citations to Lewis Construction involve allegedly failing to perform formwork inspections prior to, during, and after concrete placement; removing formwork prior to ensuring adequate strength of the poured concrete; exposing workers to fall hazards of approximately 10 feet without fall protection; not fully planking scaffolding platforms; not cleating the end of scaffolding planks or ensuring they were extended a minimum of 6 inches beyond supports; using damaged scaffolding planks; and a lack of adequate access and egress to and from scaffolding platforms. The company also was cited for not protecting bulk LP tanks from vehicular traffic.
For these latest citations, Lewis Construction faces $130,000 and Cedar Falls Building Systems $30,800 in proposed penalties. Lewis Construction was inspected by OSHA once in the last five years prior to this inspection, resulting in a serious citation. Cedar Falls Building Systems was inspected by OSHA four times in the last five years prior to this inspection, resulting in four serious citations.
Proposed Penalties over $116,000 for Three Queens, New York Contractors Following Construction Site Fatality
OSHA has cited Sing Da Corp., H Rock Corp., and Vera Construction Inc., for alleged willful, repeat, and serious violations of workplace safety standards following the agency’s investigation of a January 10 fatality that occurred on a construction site located at 84-16/18 Queens Blvd. in Elmhurst, New York. Proposed penalties for the three employers total $116,312.
OSHA’s investigation found that, at the time of the incident, employees were filling an 18-foot-high by 65-foot-long concrete block wall with cement when the wall collapsed, killing one employee and hospitalizing three others. These workers were employees of Sing Da Corp., which does business as Chung Hing Co.
“This was a tragic incident that could have been avoided by taking the simple and obvious precaution of bracing the block wall before trying to fill it with cement,” said Kay Gee, OSHA’s area director in Manhattan.
Sing Da Corp., was cited for one willful violation carrying a proposed fine of $42,000 for failing to brace the block wall. The company also was cited for five serious violations with proposed penalties of $21,000 for various scaffold-related safety hazards.
H Rock Corp., was cited for three serious violations related to scaffold safety and not bracing the concrete wall, as well as for three serious violations related to unguarded floor holes, lack of head protection, and lack of a safety program. Proposed penalties total $38,000.
Vera Construction Inc., was cited for three serious violations with $8,580 in penalties for unguarded floor holes, not having caps on reinforcing steel, and not having a safety program. Two repeat violations with fines of $6,732 also were cited for hazard communication failures and a lack of hard hats. The company received similar citations in 2008 and 2009.
Arreola Masonry Cited for Exposing Workers to Scaffolding Hazards
OSHA has cited Arreola Masonry in Austin, Texas with three serious and three repeat safety violations for exposing workers to fall hazards at the company’s work site in Cedar Park, Texas. Proposed penalties total $46,200.
“The leading cause of construction fatalities is falls,” said Casey Perkins, OSHA’s area director in Austin. “Arreola Masonry jeopardized the safety of its employees by permitting them to work on a makeshift platform at a height of 15 feet. This practice is unacceptable.”
As part of a regional emphasis program on construction hazards, OSHA began an inspection April 27 at the company’s work site on South Lakeline Boulevard, where employees were building a car wash. OSHA investigators found numerous deficiencies in a makeshift platform on a forklift that employees were working from, including failing to provide a guardrail system.
Serious violations include failing to ensure the scaffold platform was safely designed and to obtain manufacturer approval for modifications to a forklift.
Repeat violations include failing to have a competent person inspect the scaffold for defects, provide scaffolding fall protection such as guardrails, and train employees in scaffolding hazards. In September 2010, OSHA cited the company for similar violations with proposed penalties of $6,000.
OSHA standards require that an effective form of fall protection, such as guardrails or personal fall arrest systems, be in use during construction activities on scaffolds 10 feet or more above the next lower level.
OSHA Cites Bimbo Bakeries USA for Exposing Workers to Amputation Hazards
Bimbo Bakeries USA in San Antonio, Texas has been cited for 10 serious violations following a safety and health inspection at the company’s work site in San Antonio after investigators found workers exposed to numerous workplace hazards, including the danger of amputations. Proposed penalties total $55,000.
“This company failed to provide the required machine guarding to prevent amputation incidents,” said Jeff Funke, OSHA’s area director in San Antonio. “In this case, it is fortunate that no one was injured.”
OSHA began its inspection on April 14 at the company’s facility on South Gevers Street where employees were manufacturing bread products. The investigation was part of OSHA’s National Emphasis Program on Amputations.
The violations include failing to provide appropriate machine guarding on equipment, such as the automated bread oven; provide fall protection for employees working on top of the ovens; provide guarding for belts, pulleys, and keyed shaft ends; and electrical deficiencies that included exposed electrical wiring and improperly grounded cords. Additionally, the employer failed to provide procedures and methods to control hazardous energy for equipment with multiple energy sources.
Dell Services Federal Government for Exposing Workers to Unsafe Conditions at Rock Island Arsenal
Dell Services Federal Government Inc., a telecommunications contractor for the Network Enterprise Center at the U.S. Army’s Rock Island Arsenal in Illinois, has been issued four safety violations for unsafe telecommunication vault entry. Proposed penalties for two willful violations total $140,000.
“Dell Services Federal Government showed intentional disregard for employee safety by allowing its employees to enter telecommunications vaults without following the appropriate precautions,” said OSHA Area Director Tom Bielema in Peoria. “Employers are responsible for knowing what hazards exist in their work spaces and following OSHA standards to ensure that workers are protected from those hazards.”
The willful violations, with proposed penalties of $140,000, were cited following a December 2010 inspection. The contractor failed to test the atmosphere of the telecommunications vault prior to allowing an employee to enter, failed to train employees in conducting air monitoring in telecommunications vaults, and failed to train employees on acceptable entry conditions.
Two other-than-serious violations with no penalties also were also cited for failing to keep a separate OSHA 300 log of workplace-related illness and injuries for each establishment that has been in operation more than one year and failing to provide copies of the log to an authorized representative within four hours of a request.
Jones Dairy Farms in Ft. Atkinson, Wisconsin Fined $70,000 for 15 Safety and Health Violations
Jones Dairy Farms in Fort Atkinson, Wisconsin has been cited with 15 safety and health violations, including employee overexposure to respirable dust, failure to implement a respiratory protection program, and failure to properly store hazardous chemicals. The company faces fines of $70,000.
“Employers have a responsibility to ensure all employees have safe working environments, which includes taking all necessary precautions to protect them from exposure to hazardous substances,” said Kimberly Stille, OSHA’s area director in Madison. “Employers are responsible for knowing what hazards exist in their workplaces and ensuring that workers are not exposed to unnecessary risks.”
OSHA conducted an inspection in January. Citations for eight serious safety violations, with proposed penalties of $42,000, were issued for open sided platforms, damaged storage racks, a missing tongue guard on a grinder, having a compressed air gun registered over 30 pounds per square inch, storing oxygen and acetylene cylinders together, failing to have a working pressure gauge on the acetylene cylinder, missing a flash back arrestor on the acetylene cylinder, and using electrical equipment that was not free from hazards.
Additionally, citations for six serious health violations, with proposed penalties of $28,000, were issued for failing to establish and implement a respiratory protection program, failing to have written operating procedures for high stage compressors, failing to establish procedures to manage changes to process chemicals, storing incompatible hazardous chemicals together, using equipment that had not been approved for ignitable or combustible properties, and failing to train employees on the physical and health hazards of chemicals in the work area.
Jones Dairy also was issued one other-than-serious health citation for not providing employees with basic advisory information on respirators. No penalty was assessed for this violation.
Secretary of Labor Hilda L. Solis and Ambassadors of Guatemala and Nicaragua Sign Declarations Protecting Migrant Workers’ Rights
Secretary of Labor Hilda L. Solis, Guatemalan Ambassador Francisco Villagr?n De L?on, and Nicaraguan Ambassador Francisco Campbell have signed declarations that will make it easier to protect the rights of Guatemalan and Nicaraguan citizens who work in the United States.
“Individuals from Guatemala and Nicaragua make important contributions to the U.S. economy, and their workplace rights should be protected,” said Secretary Solis. “I am pleased that the U.S., Guatemalan, and Nicaraguan governments are working together to help make that happen.”
The declarations will enable the regional enforcement offices of OSHA and the and Wage and Hour Division of the U.S. Department of Labor to cooperate with local Guatemalan and Nicaraguan embassies and consulates to distribute information to migrant workers about U.S. health, safety, and wage laws. Training will also be provided to both migrant workers and their employers.
In conjunction with the declarations, letters of agreement were signed by the two agencies. The Wage and Hour Division will be able to protect migrant workers in low-wage industries such as hospitality and agriculture. OSHA will continue efforts to improve workplace safety and health conditions while simultaneously providing outreach and assistance to Spanish-speaking workers and employers.
Additionally, through these agencies, the Labor Department will be better able to identify problems experienced by migrant workers and to target labor law enforcement efforts. OSHA, for example, will provide a toll-free telephone number staffed by multilingual operators who are ready, day and night, to receive calls from migrant workers about safety and health issues.
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