OSHA recently published an interim final rule establishing procedures and time frames for handling retaliation complaints under the Food Safety Modernization Act. The agency is inviting the public to submit comments on the interim final rule.
FSMA, signed into law January 2011, provides employees who disclose information about a possible violation of the Food, Drug, and Cosmetic Act with protection against retaliation from businesses engaged in the manufacture, processing, packing, transporting, distribution, reception, holding, or importation of food.
This interim final rule establishes procedures, burdens of proof, remedies, and statutes of limitations similar to other whistleblower protection statutes that OSHA administers.
EPA’s New Solvent Wipe, Shop Towel Rule Demystified
Beginning this month, this new rule will provide significant new exclusions for shop towels and wipes, provided you manage them correctly.
- Does the rule apply to both cloth and paper wipes and rags?
- What solvents can be on the towels, and which are prohibited?
- Does the rule also apply to towels that contain characteristic hazardous waste?
- Can P or U-listed wastes be on the towels?
- How must the towels be stored on-site?
- Do they need to be tested for anything?
- How long can they be stored?
- How must the containers be marked or labeled?
- How must they be prepared for transportation?
- Where can you ship them and what are the disposal and recycling options?
- What are the documentation requirements?
- How is the new rule impacted by current state regulations?
Did You Miss OSHA’s December 1 GHS Hazard Communication Training Deadline? Use Environmental Resource Center’s GHS OSHA Hazard Communication Training PowerPoint
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.
OSHA’s December 1, 2013, deadline under the revised Hazard Communication Standard required that all employees at your site who work with, or are exposed to, hazardous chemicals 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 is designed to cover your site’s GHS Hazard Communication training requirements, is in a format that is easy to understand.
Price and options:
Multiple PDF copies can be purchased for $99/copy (1–10), $79/copy (11–20), or $69/copy (21+).
Multiple PowerPoint copies can be purchased for $199/copy (1–10), $179/copy (11–20), or $169/copy (21+).
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
*Call 800-537-2372 for Spanish pricing
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 safety data sheets.
Environmental Resource Center is offering live online training for you to learn how the new rule differs from current requirements, how to implement the changes, and when the changes must be implemented.
Houston RCRA and DOT Training
Indianapolis RCRA, DOT, IATA/IMO, and Hazcom Training
Charleston RCRA, DOT, and IATA/IMO Training
Dupont Yard, Inc. Fined $279,400 for Combustible Dust, Amputation, Other Hazards
OSHA started its inspection following a complaint regarding hazardous working conditions at the company's manufacturing facility in Homerville. Proposed penalties total $279,400.
"Since 2007, this employer has known about the dangers of a lack of machine guarding and exposure to electric shock, but repeatedly puts workers at risk of serious injury or death," said Robert Vazzi, OSHA's area director in Savannah. "Earning a paycheck should not involve being in an unsafe work environment."
Dupont Yard manufactures posts for agricultural projects and highway construction and produces timber and wood chips. In the past six years, 39 violations have been cited in four previous inspections.
The current inspection found three willful safety violations, carrying $171,600 in penalties. OSHA found that workers were exposed to hazards from the company's failure to implement basic safety procedures that would prevent equipment from starting up or moving during maintenance, which can cause amputation, other serious injuries, or death. Additionally, there were caught-in and crushing hazards from unguarded rotating chains and sprocket wheels, as well as electrical hazards.
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.
Under the program, OSHA may inspect any of the employer's facilities or job sites.
Two repeat violations, carrying penalties of $30,030, are associated with inspections in March 2008 and January 2011. The company lacked proper housekeeping and failed to close electrical panels, risking electric shock hazards. 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 facility in federal enforcement states within the last five years.
Workers also were exposed to 17 serious safety and health violations, with $77,770 in penalties. Many relate to failing to implement a lockout/tagout program properly, including not providing workers with training and locks for equipment before maintenance operations. Accumulated wood dust greater than 1/8 inch was also found on ledges and electrical equipment.
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.
According to the Bureau of Labor Statistics, preliminary data from the Census of Fatal Occupational Injuries shows fatal work injuries in Georgia accounted for 76 of the 4,383 fatal work injuries reported in 2012.
Complaint Lands Ohio Printing Company over $91,000 in Fines
Globus Printing & Packaging Co., Inc., has been cited by OSHA for 24 safety and health violations, carrying proposed penalties of $91,800. OSHA initiated an inspection of the Minster-based manufacturing plant in August 2013 after receiving a complaint.
"Workers were exposed daily to many dangerous hazards at the Globus Printing & Packaging Co.," said Kim Nelson, OSHA's area director in Toledo. "The company lacks adequate employee training on those hazards."
Thirteen serious safety violations were cited for issues such as:
- Failing to provide electrical personal protective equipment for employees doing electrical work
- Failing to remove damaged forklifts from service
- Failing to maintain exit lighting and an employee alarm system
Six health violations were cited, including:
- Failing to maintain an environment free of combustible dust
- Not ensuring employees used eye and face protection
- Failing to conduct and certify a personal protective equipment assessment
- Lack of an eyewash station in the battery servicing area
- Failing to ground drums when dispensing flammable liquids
- Lack of training in hazard communication and safe chemical handling
Additionally, the company was cited for five other-than-serious violations for failing to mount and mark portable fire extinguishers; conduct forklift training at least every three years; improper use of power strips; evaluate workplaces for confined spaces; and inform employees of permit-required confined spaces. 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.
Artbeats Inc. Fined $56,430 for Recurring Hazards
OSHA has cited Artbeats, Inc., for repeat and serious violations of workplace safety standards at its Cheshire facility. The company, which manufactures reproductions of prints and paintings, faces $56,430 in proposed fines following an inspection by OSHA's Bridgeport Area Office begun December 3, 2013, in response to a worker complaint.
Inspectors found several hazards similar to those cited in June 2010 at the company's Waterbury facility. These hazards include failing to provide a program to ensure workers are trained to power down and lockout industrial saws prior to conducting maintenance; provide a chemical hazard communication program and training on the risks and safeguards associated with chemicals, such as paints and gels; and prevent usage of unapproved electrical equipment in areas that generate and accumulate combustible wood dust.
"Left uncorrected or allowed to recur, these conditions expose employees to hazardous chemicals, fire, and lacerations and amputation by activated machinery," said Robert Kowalski, OSHA's area director in Bridgeport. "An employer must ensure hazards are consistently and effectively addressed to provide employees a safe and healthful work environment."
The conditions resulted in the issuance of eight repeat citations, with $53,460 in proposed fines. Additionally, one serious citation, with a fine of $2,970, was issued for an inadequately guarded radial arm saw.
Andres Roofing Co. Cited for Repeatedly Exposing Workers to Falls
OSHA has cited Andres Roofing Co., Inc., for four repeat safety violations with proposed penalties of $52,800. The employer repeatedly exposed workers to fall hazards at a residential construction site in Kirkwood. Since 2010, the Des Peres-based company has been cited in four inspections for similar violations.
"Falls remain the leading cause of death in the construction industry. Allowing construction workers to install new roof shingles without fall protection is unacceptable," said Bill McDonald, OSHA's area director in St. Louis. "Andres Roofing has a responsibility to protect workers from deadly hazards, and repeat failures to do so are unacceptable."
Workers at the Kirkwood site were installing new roof shingles on a pitch roof almost 22 feet high without any type of fall protection, directly violating OSHA construction safety standards. The company also failed to provide eye and face protection for workers operating power tools. Four repeat safety violations were cited for these conditions and other hazards. The same violations were cited at various construction sites throughout the St. Louis area in April 2010 and in March, June and November 2011.
The page offers fact sheets, posters, and videos that vividly illustrate various fall hazards and appropriate preventive measures. OSHA standards require that an effective form of fall protection be in use when workers perform construction activities 6 feet or more above the next lower level.
Central Indiana Chapter of the American Society of Safety Engineers Announces New Workplace Alliance
This relationship will provide CIC-ASSE members and other Indiana stakeholders education, guidance, and training resources to promote workplace safety and health.
“In an effort to ensure the safety and health of Indiana’s workforce, the department continues to develop alliances and partnerships,” said IDOL Commissioner Rick Ruble. “We look forward to collaborating with the workplace safety and health experts in the Central Indiana Chapter of the American Society of Safety Engineers.”
In 2012, Indiana had an occupational injury and illness rate of 4 per 100 workers, a record low for the state, according to the Bureau of Labor Statistics Survey of Occupational Injuries and Illnesses Report.
“The Central Indiana ASSE Chapter has strived to promote the safety profession and development of safety professionals since 1946,” said Chapter President Vince Plank. “The Chapter has collaborated for several years with the Indiana Department of Labor through regularly scheduled technical meetings and the annual Indiana safety and health conference. The Chapter Officers and Members visualize a productive continued alliance with the IDOL.”
The goals of the alliance include:
- Raising awareness of and committing to workplace safety and health and workers’ rights under OSHA
- Reducing work-related transportation incidents and worker fatalities
- Supporting the CIC-ASSE student scholarship program to encourage professional development in occupational safety and health
- Hosting an annual professional development conference
- Sharing technological knowledge and best practices
- Increasing communication with industry stakeholders
Indiana Governor’s Workplace Safety Award Recipients Announced
Recently Indiana Department of Labor (IDOL) Commissioner Rick Ruble presented the Governor’s Workplace Safety Awards to nine Indiana companies for their contributions to the safety, health, and prosperity of Hoosiers in the workplace.
“These companies represent the best of the best,” said Ruble. “They demonstrate a commitment not only to protecting their employees, but also to ensuring employees understand the importance of workplace safety and health. The department is proud to honor these innovative companies.”
The event was hosted by the Central Indiana Chapter of the American Society of Safety Engineers and the Indiana Chamber of Commerce.
- Steinberger Construction, Inc. – Internal Education and Outreach in Construction for a Small-sized Company
- Gribbins Insulation Co., Inc. – Internal Education and Outreach in Construction for a Medium-sized Company
- MacLellan Integrated Services – Internal Education and Outreach in General Industry for a Small-sized Company
- Taghleef Industries, Inc. – Internal Education and Outreach in General Industry for a Large-sized Company
- Aisin Chemical Indiana, LLC – Innovations in General Industry for a Small-sized Company
- Westech Building Products, Inc. – Innovations in General Industry by a Medium-sized Company
- Closure Systems International, Inc. – Innovations in General Industry for a Large-sized Company
- Hargerman, Inc. – Innovations in Construction for a Small-sized Company
- BMWC Constructors – Innovations in Construction for a Large-sized Company
“Worker safety should be paramount. Employees feel valued and a healthier workplace translates into a more productive, profitable organization,” said Indiana Chamber President and CEO Kevin Brinegar. “We salute these companies that have taken occupational safety to the next level.”
The Governor’s Workplace Safety Awards program is a partnership of government, business and safety leaders.
All Indiana employers, regardless of size or industry, can submit an application for the awards. Indiana organizations are recognized in the following categories: external education and outreach, internal education and outreach, innovations and partnerships.
Safety News Links
