OSHA is withdrawing this rule based on stakeholder concerns that proposed changes, though relatively minor, would discourage employers from participating in the program.
"The On-site Consultation Program, including recognition through the Safety and Health Recognition Program, is a valuable way to assist small-business employers who are working to improve their workplaces," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "We remain committed to encouraging participation in this program."
The Notice of Proposed Rulemaking for 29 CFR 1908, Consultation Agreement, published September 3, 2010, provided clarification of the length of the exemption period provided to recognized sites that have been removed from OSHA's programmed inspection schedule and the initiation of certain unprogrammed inspections at both sites that have achieved recognition and sites undergoing a consultation visit.
OSHA administers and provides federal funding for the On-site Consultation Program, which offers free and confidential safety and health advice to small- and medium-sized businesses across the country, with priority given to high-hazard worksites. Exemplary employers who receive SHARP status receive an exemption from OSHA's programmed inspection schedule during a specified period.
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 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.
OSHA Requires Federal Agencies to Submit Accident and Injury Data
The information, which is already required to be created and maintained by Federal agencies, will be used by BLS to aggregate injury and illness information throughout the Federal government.
OSHA will use the information to identify Federal establishments with high incidence rates for targeted inspection, and assist in determining the most effective safety and health training for Federal employees. The final rule also interprets several existing basic program elements in our regulations to clarify requirements applicable to Federal agencies, amends the date when Federal agencies must submit to the Secretary of Labor their annual report on occupational safety and health programs, amends the date when the Secretary of Labor must submit to the President the annual report on Federal agency safety and health, and clarifies that Federal agencies must include uncompensated volunteers when reporting and recording occupational injuries and illnesses.
Wal-Mart Signs Corporate-Wide Settlement with US Department of Labor
The settlement, which resolves two enforcement cases that began in 2011, includes provisions for the Bentonville, Arkansas-based retailer to enhance safety and health practices and training related to trash compactors, cleaning chemicals, and hazard communications corporate-wide.
"This settlement will help to keep thousands of exposed Wal-Mart workers safe and healthy on the job," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "We hope this sends a strong message that the law requires employers to provide safe working conditions, and OSHA will use all the tools at our disposal to ensure that all employers follow the law."
Under the settlement, trash compactors must remain locked while not in use, and may not be operated except under the supervision of a trained manager or other trained, designated monitor. Wal-Mart will also improve its hazard communications training; and, for cleaning chemicals, will enhance its procedures to ensure that employees do not handle undiluted chemicals. Also, the company must ensure that a protective protocol is in place in case of any malfunctions with a store's cleaning chemicals dispensing equipment. Wal-Mart will ensure employees are trained on the new procedures in a language, format, and vocabulary that the workers can understand.
For the safety citations pertinent to the corporate-wide trash compactor abatement, the settlement affirms one repeat lockout/tagout citation, two serious lockout/tagout citations, two serious confined space citations, and one serious machine guarding citation.
For the health citations pertinent to the corporate-wide cleaning chemical and hazard communication abatement, the settlement affirms two serious citations related to personal protective equipment, and two serious hazard communication citations.
A summary of the agreement will be posted in each affected store.
Settlement negotiations followed issuance of citations from two separate inspections conducted at the Wal-Mart Supercenter store in Rochester, New York. A safety inspection was initiated on August 2, 2011, and a health inspection began August 17, 2011. As part of the settlement, Wal-Mart has also agreed to abate other hazards in the Rochester store unrelated to the corporate-wide remedy, and will pay $190,000 in civil penalties.
For the citations not related to the corporate-wide abatement, citations affirmed in the settlement include one repeat electrical hazard citation, one serious citation for obstructed exit routes, two serious machine guarding citations, one repeat other-than-serious platform fall hazard citation, and 11 serious bloodborne pathogens citations.
Houston RCRA and DOT Training
Charlotte RCRA, DOT, and Stormwater Training
Nashville RCRA and DOT Training
Heavy Duty Truck Manufacturer Fined $235,800 for Repeat Safety Violations
"Failing to provide all employees with personal protective equipment, and not providing proper respiratory training, creates an atmosphere in which workers are vulnerable to illness and injury on the job," said Gary Anderson, OSHA's area director in Calumet City. "Hoist Liftruck has also demonstrated a lack of commitment to employee safety and health by failing to correct previous deficiencies OSHA found in past inspections."
Those violations included failing to provide medical evaluations, fit test workers, maintain respirators in a sanitary condition, store them properly, and provide training on their use prior to work assignments. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirements, or with plain indifference to employee safety and health.
Four repeat violations involve failing to provide hazard communication training, ensure equipment is properly grounded, conduct daily and shift inspections of powered industrial vehicles and document monthly crane and hook inspections. 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 same violations were cited in April 2012 at the Bedford Heights facility.
A total of 10 serious safety violations including failing to provide machine guarding; remove damaged powered industrial vehicles from service; conduct personal protective equipment assessments or provide adequate protective equipment; label chemical containers; provide hazard information; and failure to implement an effective hearing conservation program, including providing adequate hearing protection. 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.
Spectrum Machine Fined $188,300 for Exposing Workers to Lead Hazards
Three willful violations involve the company's failure to monitor and train workers on lead hazards and develop a hazard communication program.
"Failing to monitor worker exposure to airborne metal particles can result in severe illness," said Howard Eberts, OSHA's area director in Cleveland. "By failing to develop a lead protection and hazard communication program, Spectrum Machine has demonstrated a lack of commitment to employee safety and health."
Spectrum Machine was cited for three willful safety violations for failing to conduct initial monitoring of workers exposed to lead and failing to provide training regarding the potential health hazards and necessary precautions to prevent lead exposure. The company was also cited for failing to develop a hazard communication program.
A total of 10 serious safety violations cited include failing to develop a noise monitoring and lockout/tagout program to prevent the unintentional operation of machinery, provide fire extinguisher training and prevent worker exposure to airborne concentrations of both copper fumes and lead in excess of permissible exposure limits.
The other five serious violations involve OSHA's respiratory protection standards. These include failing to develop and implement a written respiratory protection program, train workers on the program, prevent the use of respirators with an inadequate protection factor and ensure the proper wear of respirators.
OSHA has placed Spectrum Machine in its Severe Violator Enforcement Program, which mandates targeted follow-up inspections to ensure compliance with the law. OSHA's SVEP focuses on recalcitrant employers that endanger workers by committing willful, repeat or failure-to-abate violations. Under the program, OSHA may inspect any of the employer's facilities if it has reasonable grounds to believe there are similar violations.
Spectrum Machine manufactures industrial bearing parts and operates two facilities in Ohio. It employs about 50 workers. The company was previously cited in 2006 at its Streetboro facility for 13 violations, including allowing worker exposure to lead in excess of the permissible exposure limit.
Repeat Safety Violations Land Alabama Steel Company $117,500 in Fines
Two repeat violations, with $60,500 in proposed penalties, include failing to develop, document, and utilize procedures for potentially hazardous energy during servicing and maintenance of equipment. The company also failed to ensure guards and work rests on the grinders were properly adjusted. The same violations were cited in July 2009.
Nine serious safety violations, with $55,900 in penalties, include failing to select and require appropriate hand protection for workers exposed to hazards; provide hardware to secure and block machines from energy sources while changing shims on a bearing block; conduct periodic inspections for specific procedures on equipment; provide training on the purpose and function of the energy control program; remove forklifts from service that had damaged tires and a broken pendant control panel; provide protective screens or personal protective equipment; and prevent worker exposure to unguarded and rotating parts on equipment.
Four other-than-serious violations have also been cited, with $1,100 in proposed penalties, for failing to ensure an OSHA 300A log was posted, provide Appendix D to workers wearing respirators, establish, and implement a respirator protection program and properly label chemical containers. 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.
"Hanna Steel previously was cited for some of the same violations found during the 2009 inspection. It is aware of what actions need to be taken to protect its workers," said Ramona Morris, area director of OSHA's Birmingham Area Office. "Employers are responsible for ensuring that their employees have a safe and healthful workplace."
Montana Oil Refinery Cited for Willful, Serious Safety Violations
OSHA has cited oil refinery Calumet Montana Refining in Great Falls for one willful, one serious, and one other-than-serious safety violation for hazardous conditions found during an OSHA February inspection.
"The employer modified high-voltage electrical equipment to keep the asphalt mill operating, despite the safety concerns this modification presented to employees," said Jeff Funke, the agency's area director in Billings. "It is unacceptable for an employer to place production above safety and health."
An arc explosion occurred at the company's Asphalt Mill on February 11. One willful violation was cited for exposing workers to the arc flash and explosion hazards associated with bypassing a motor circuit protector switch.
One serious violation was cited for unused safety signs, symbols and accident prevention tags that are necessary to warn workers about electrical hazards. In addition, one other-than-serious violation was cited for failing to post the voltage, current, wattage and other necessary ratings on electrical switches and panel boards.
The three citations carry a total of $77,000 in proposed fines.
BCW Food Products Fined $66,900 for Failing to Protect Workers from Amputation Hazards
BCW Food Products, Inc., in Dallas was cited with three safety violations and proposed penalties of $66,900 by OSHA after a worker's left arm was amputated by an industrial screw conveyor while cleaning the inside of a packaging machine.
"This is the second time in less than a year that BCW Food Products has failed to comply with OSHA's regulations which safeguard lockout and tagout equipment energy sources. These energy sources can easily expose workers to amputation, as they did in this case," said Stephen Boyd, OSHA's area director in Dallas. "Had the employer followed OSHA standards, this incident could have been prevented. Employers must take their responsibilities under the law seriously."
OSHA's Dallas Area Office began its investigation in February at the Denton Drive facility. It cited the employer with one willful violation for failing to ensure lockout or tagout devices were affixed by authorized workers to each of the energy-isolating devices.
The repeat violation was cited for failing to indicate the identity of the worker who applied the lockout and tagout devices. A similar violation was previously cited in November 2012.
The serious violation was cited for failing to train and ensure that workers understood the purpose and function of the energy control program; the company also did not ensure workers acquired the knowledge and skills required for the safe application, usage, and removal of the energy controls.
BCW Food Products, a manufacturing company that specializes in custom mixes, bases, and concentrates, has three manufacturing facilities and warehouses in Texas, Arkansas, Louisiana, Colorado, Kansas, Utah, and Illinois.
OSHA Cites Connecticut Health Care Facility for Multiple Safety Hazards
Hebrew Home and Hospital, Inc., has been cited by OSHA for 14 serious violations of workplace safety standards carrying proposed penalties of $58,800. The West Hartford health care facility was inspected under OSHA's national emphasis program for nursing and residential care facilities.
OSHA found that the employer failed to conduct a hazard analysis, provide eye and face protection, and provide readily accessible emergency eyewash stations for employees working with corrosive chemicals. Other hazards included an inadequate lockout/tagout policy to prevent the unintended activation of machinery during maintenance; inadequately guarded machinery; excess air pressure for a cleaning hose; improper disposal of flammable rags; inadequate bloodborne pathogen controls and procedures; and several electrical-related hazards. The hazards were found in the laundry, kitchen, maintenance shop, main electrical room, central supply area, and pharmacy.
"If uncorrected, these conditions can expose workers to the hazards of chemical burns, electric shock, fire, bloodborne pathogens, and being caught in operating machinery," said Warren Simpson, OSHA's area director in Hartford. "Effective steps must be taken to correct these conditions and prevent their recurrence."
Through this program, OSHA is targeting nursing homes and residential care facilities to reduce occupational illnesses and injuries from exposure to blood and other potentially infectious material; exposure to hazardous chemicals; slips, trips, and falls; communicable diseases; ergonomic stressors; and workplace violence.
Farmers Cooperative Cited for Exposing Workers to Grain Explosion Hazard
Farmers Cooperative has been cited for two safety violations by OSHA at its Wilber grain elevator. The violations include allowing grain bin dust to accumulate on surfaces past the allowable OSHA standards, thus increasing the potential of a grain dust explosion, and a repeat violation for fall hazards involving unguarded ladders. OSHA has proposed fines of $45,500.
"Grain dust explosions and falls are known hazards in the grain handling industry, and exposing workers to these dangers is not acceptable," said Bonita Winingham, OSHA's area director in Omaha. "As an employer, Farmers Cooperative has the responsibility to maintain a safe and healthful workplace for all its workers. The lack of commitment to worker safety and health must be corrected."
The repeat safety violation involves a grain elevator having an unguarded access ladder and a gap in the railing on a walkway. Both locations are more than 4 feet above the adjacent floor or ground level and require guarding to protect against falls. The same violation was cited in August 2011 at the company's facility in Exeter.
The serious safety violation involves OSHA's grain handling standards for allowing grain dust to accumulate in excess of one-eighth of an inch. Combustible dust explosion is one of six known industry hazards in grain handling.
The program focuses on the grain handling industry's six major hazards, including engulfment, falls, auger entanglement, struck by, combustible dust explosion and electrocution hazards. Nebraska is one of 25 states in which OSHA has implemented the emphasis program.
Farmers Cooperative is a full-service cooperative with products and services offered in energy, grain, feed and agronomy. The corporate office is in Dorchester, with other facilities in 40 Nebraska and Kansas communities.
OSHA Forms Alliance to Keep Temporary Construction Workers Safe
In an effort to protect temporary workers hired in the construction industry, OSHA and Marek Employment Management Co., in San Antonio signed an alliance recently to provide workers with workplace safety training.
"Workplace hazards, such as falls, struck by, caught in between and electrical are commonplace in the construction industry and pose a risk to all workers, whether they've been on the job for one day or throughout the course of a project," said Kelly Knighton, OSHA's area director in San Antonio. "Workers must be safe, and this voluntary alliance provides temporary construction workers with much needed training, in English and Spanish, on recognizing construction hazards."
MEMCO is a customer-oriented staffing and payroll firm that provides services ranging from temporary workers to meet specific job needs to temporary-to-permanent employee management and payroll-related duties.
The purpose of each alliance is to develop compliance assistance tools and resources and educate workers and employers about their rights and responsibilities.
Effective Workplace Hearing Conservation Programs Discussed at August 20 CONNOSHA Workshop
The value of an effective hearing conservation program in the workplace will be discussed by audiologist Helene R. Freed at the monthly Breakfast Roundtable Discussion meeting sponsored by the Connecticut Department of Labor’s Division of Occupational Safety and Health (CONN-OSHA). The workshop will take place 8:15 to 9:45 a.m. August 20 at the agency’s Central Office, 200 Folly Brook Boulevard, Wethersfield.
Freed, an educational audiologist with the Worcester public school system and a private educational audiology practitioner, will talk about the benefits of having an active employee program to prevent hearing loss, including improved employee morale, a general feeling of well-being, increased quality of production, and reduced incidence of stress-related disease.
“Every employer needs to administer a continuing, effective hearing conservation program whenever employee noise exposures are at or above an eight hour time-weighted average (TWA) of 85dBA or, equivalent, a dose of 50 percent,” notes John Able, CONN-OSHA Occupational Safety Training Specialist and Breakfast Roundtable project coordinator. “This action level, as it referred to, is detailed in 29 CFR 1910.95(c)(2), which is the OSHA Occupational noise exposure standard. The goal is to ensure employers are aware of this issue and have programs in place to ensure optimal workplace safety and productivity.”
According to Able, admission to the event is free, but pre-registration is required.
Suterra Earns Safety Recognition
SHARP provides an incentive for Oregon employers to work with their employees to find and correct hazards, develop and implement effective safety and health programs, and continuously improve. The ultimate goal of SHARP is to encourage employers to become self-sufficient in managing workplace safety and health issues. Currently, about 56 employer locations in Oregon participate in SHARP, in addition to approximately 110 facilities that have graduated from the program.
With 80 employees at the Bend facility, Suterra, LLC, is a leading provider of bio-rational products for crop protection and commercial pest control. Through international product sales, the company works to help growers reduce their use of traditional insecticides.
“SHARP is an outstanding program to bring world-class safety experts into our plant, to interact with our people, and highlight the gold standard of best practices to Suterra,” said Matthew Bohnert, president of Suterra LLC. “World-class safety is a non-negotiable goal for us. SHARP will help our employees ensure we are always the best we can be.”
Oregon employers that have been in business for more than one year are eligible to apply for SHARP regardless of size or type of business.
Columbian Logistics Network Receives SHARP Award for Workplace Safety and Health Excellence
Columbian Logistics Network of Grand Rapids received the prestigious Michigan Safety and Health Achievement Recognition Program (SHARP) award recently for an exemplary safety and health management system.
The Michigan Occupational Safety and Health Administration (MIOSHA) established the Michigan SHARP Award to recognize employers that have achieved workplace safety and health excellence far beyond their peers. The MIOSHA program is part of the Michigan Department of Licensing and Regulatory Affairs (LARA).
"We are very pleased to welcome Columbian Logistics Network into this elite group of companies who provide outstanding safety and health protection for their workers," said Stephanie Comai, LARA Deputy Director. "We applaud their success in the warehousing industry—while they diligently protect their employees."
MIOSHA Director, Martha Yoder presented the SHARP Award to John Zevalkink, CEO and the entire Grand Rapids team. Invited guests, management personnel, and employees attended the ceremony.
The Michigan SHARP Program targets small, high-hazard employers—to help them develop, implement, and continuously improve the effectiveness of their workplace safety and health management system. SHARP provides an incentive for employers to emphasize accident and illness prevention by anticipating problems, rather than simply reacting to them.
The MIOSHA Onsite Consultation Program within the Consultation Education and Training (CET) Division operates the Michigan SHARP Program. Onsite consultants work with employers to help them become self-sufficient in managing occupational safety and health. SHARP worksites earn an exemption from "programmed" MIOSHA inspections on a yearly basis.
Columbian Logistics Network, NAICS Code 493110, is a warehouse/distribution facility plant with 78 employees. The MIOSHA onsite team conducting the review for Columbian Logistics consisted of Dave Henderson, Safety Consultant and Harvey Johnson, Industrial Hygienist.
In 2012, Columbian Logistics Network had a Total Incident Rate (TCIR) and Days Away from Work and Restricted/Transfer cases (DART) rate that was below the 2011 Bureau of Labor Statistics (BLS) industry average. Their 2012 TCIR was 2.6 compared to the BLS rate of 5.5 for this type of industry.
"The Michigan SHARP Program requires a comprehensive consultation visit, and the correction of all serious workplace safety and health hazards," said Yoder. "Columbian Logistics Network has developed a safety and health system that provides outstanding protection for their workers."
The company has an excellent system in place, which incorporates each of the seven required SHARP elements: Hazard Anticipation and Detection; Hazard Prevention and Control; Planning and Evaluation; Administration and Supervision; Safety and Health Training; Management Leadership; and Employee Participation.
Safety News Links