OSHA Extends Compliance Date for Crane Operator Certification Requirements

February 10, 2014

The proposal would also extend to the same date the existing phase-in requirement that employers ensure that their operators are qualified to operate the equipment.

OSHA issued a final standard on requirements for cranes and derricks in construction work on August 9, 2010. The standard requires crane operators on construction sites to meet one of four qualification/certification options by November 10, 2014. After OSHA issued the standard, a number of parties raised concerns about the qualification/certification requirements. After conducting several public meetings, OSHA decided to extend the enforcement date so that the certification requirements do not take effect during potential rulemaking or cause disruption to the construction industry.

 

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.

 

Chicago RCRA, DOT, and IATA/IMO Training

 

Cary 40-Hour HAZWOPER Training

 

Charlotte RCRA, DOT, and Hazard Communication Training

 

Lucas Marine Acquisition Co. Fined $290,000 Following Second Worker Fatality

 The employee died while doing surface supplied-air diving during underwater construction activities for the City of Fort Pierce Marina storm protection project on August 6, 2013.

"Lucas Marine intentionally disregarded safety standards and sent construction workers underwater without proper training and without adequate equipment," said Condell Eastmond, OSHA's area director in Fort Lauderdale. "A worker should not have to sacrifice their life to earn a paycheck."

Under the program, OSHA may inspect any of the employer's facilities or job sites.

OSHA issued three willful citations for the employer's failure to:

  • Ensure workers performing underwater diving operations had adequate experience and training to perform the work safely
  • Provide employees engaged in diving operations with two-way voice communications for emergency assistance
  • Ensure the designated person-in-charge was trained and had experience with planning, performing, and overseeing dive operations safely

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.

Additionally, 12 serious violations include failing to provide members of the dive team with CPR training; assess the hazards of underwater conditions to include tidal current, underwater obstructions, limited visibility and marine traffic; inspect the air compressor, filters, or regulators; and provide divers with a kink-resistant air line during dive operations.

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 $290,000 in penalties.

OSHA last inspected the company in March 2013. The inspection resulted in one serious and one other-than-serious citation in response to the death of an employee who was struck by a front-end loader that loaded barges. The employer entered into a settlement agreement with OSHA on September 13, 2013, and paid $2,000 in penalties for the serious violation of failing to protect a 500-gallon portable steel tank containing diesel fuel from collision damage by a front-end loader.

 

Automotive Manufacturer Exposes Workers to Amputation and Laceration Hazards

Proposed penalties total $207,100.

"HP Pelzer continues to put workers at risk of serious injury or death by failing to correct unguarded equipment and other serious hazards," said Bill Fulcher, director of OSHA's Atlanta-East Area Office. "Additionally, Sizemore must work proactively with its client to ensure temporary workers receive appropriate safety and health training."

HP Pelzer, a supplier of automotive parts for major car manufacturers, employs approximately 10,000 workers across nine facilities in the US and Mexico. The Thomson facility, which produces parts, such as outer dashes and hood liners, employs 256 workers-176 of which are temporary. Sizemore is the temporary staffing agency under contract with HP Pelzer.

The inspection found that the employer failed to prevent compressed air from being used for cleaning without a means to regulate the pressure. Additionally, workers were exposed to potential thermal skin burns from unprotected hot pipes and fittings. Other violations include failing to develop and implement written lockout/tagout procedures for machinery repair; ensure unblocked exit routes; and develop and implement a hazard communication program for those exposed to formaldehyde.

OSHA cited HP Pelzer for three repeat violations, carrying penalties of $121,000, which were associated with previous inspections in 2008 and 2009. Multiple citations for similar hazards were previously issued at other HP Pelzer facilities. Workers were again exposed to amputation and laceration hazards stemming from a lack of guarding on machine parts.

The contract with Sizemore, which maintains an administrative office at the facility, specifies that the staffing agency will provide workers with some of the training before their assignment. As a result, the staffing agency was issued one serious health citation, with $6,000 in penalties, for not providing temporary workers with training regarding formaldehyde and its hazards.

 

Texas Trailer Manufacturer Fined $187,000 for Repeatedly Failing to Protect Workers

 

"These violations demonstrate the company's lax attitude toward protecting workers at this facility from serious injuries. OSHA will not tolerate such negligence," said Stephen Boyd, director of OSHA's Dallas Area Office. "Employers must provide a safe and healthy work environment for their employees."

OSHA's follow-up inspection found five repeat violations, with a penalty of $169,000, for failing to guard the point of operation on a press brake; close unused openings on electrical panel cabinets; ensure that flexible cords were connected to devices and fittings so tension was not transmitted to joints or terminal screws; ensure that workers are not exposed to concentrations of iron oxide fumes in excess of 8-hours; and protect workers from exposure to airborne concentrations of particulates while working in the abrasive blasting and powder coating area. 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 company was cited for similar violations in March 2011.

The company was also cited for three serious violations with a penalty of $18,000. The citations were issued for failing to ensure that cranes with broken safety latches were repaired or removed from service and failing to ensure that powered industrial trucks in need of repair were removed from service.

Initiated in March 2011, the program focuses on recalcitrant employers that endanger workers by committing willful, repeat or failure-to-abate violations.

Arlington Plating Co. Faces $155,430 in Penalties for Exposing Workers to Guarding, Electrical, Other Hazards

 

"We've found repeat violations at Arlington Plating Co., which demonstrates a lack of commitment to employee safety and health," said Angeline Loftus, OSHA's area director for the Chicago North Area Office. "Lack of machine guarding can lead to amputation and other serious injuries. Additionally, workers should be protected from live electrical parts with personal protective equipment and safety training."

Five repeat violations involve:

  • Lack of machine guarding on rotating parts
  • Failing to use relocatable power taps, in accordance with labeling
  • Not closing unused openings in electrical boxes
  • Using electrical outlet boxes that were missing basic safety features
  • Failing to maintain dry walking and working surfaces

The same violations were cited in 2010 and 2012.

Twenty serious safety citations were issued to the company. Ten of those violations were cited in response to unsafe electrical work practices, including allowing employees to access electrical equipment where rust and corrosion was present, and for allowing employees to access live electrical cabinets without proper safety equipment. Four of the citations were issued for inadequate machine guarding on table saws, motors, pulleys, and belts. The other violations included lack of hazardous energy control procedures, using ladders without secure footing and not having an emergency exit for employees in one area of the facility.

Arlington Plating Co. employs about 110 workers. OSHA cited it three times in 2010 and twice in 2012.

Radcliff Wire Faces More than $109,000 in Fines for New and Recurring Hazards

OSHA has cited Radcliff Wire, Inc., for serious and repeat violations of workplace safety standards following an inspection by OSHA's Hartford Area Office. An inspection of the Bristol wire products manufacturer began on July 23, 2013, under OSHA's Site Specific Targeting Program, resulting in $109,340 in proposed fines.

"The sizable fines proposed here reflect the breadth and gravity of these hazards and the fact that this employer has been cited previously for several of these conditions," said Warren Simpson, OSHA's area director in Hartford. "Left uncorrected, plant employees are exposed to hazards, such as electric shock, arc flashes, fire, eye, and crushing injuries. It's imperative that employers not just correct hazards, but effectively prevent their recurrence."

Inspectors at the 97 Ronzo Road plant found similar violations to those cited in October 2009, including failing to train maintenance personnel on the practices of using the personal protective equipment required for protection against electric shock, arc flashes or arc blasts while trouble-shooting or working on live electrical equipment; use fixed wiring, rather than extension cords, to power equipment and prevent blocked access to an electrical disconnect; provide designated workers with annual hands-on fire extinguisher training; and review the hazardous energy control program annually to prevent machine startup during maintenance. These violations resulted in $53,900 in proposed fines.

Fifteen serious citations, with $55,440 in fines, regard new violations, including failing to prevent the plant electrician from working on live electrical equipment before it was deenergized; provide a program to inspect the hydrogen piping systems for defects or hazards; inspect protective gloves every six months; and store flammable chemicals properly. Additional serious citations include failing to dispose of flammable rags properly; provide a written chemical hazard communication program; label hazardous chemical containers; guard moving machine parts; prevent excess air pressure for a cleaning hose; provide protective goggles while operating a cleaning hose; provide eye protection for those working with corrosive chemicals; periodically inspect slings used to lift dies; and additional electrical hazards.

Innovia Films Faces Over $112,000 in Fines for Flammable Chemical Hazards

The Tecumseh plant, which produces films used in packaging, has been cited for exposing workers to flammable chemicals. OSHA has proposed penalties of $112,500.

The inspection was initiated in July 2013 under OSHA's Process Safety Management Covered Chemical Facilities National Emphasis Program. 

"Process safety management programs are designed to prevent the catastrophic release of highly hazardous chemicals," said Judy Freeman, OSHA's area director in Wichita. "The plant needs to ensure all equipment and new installations receive the proper evaluation and scrutiny before utilizing highly hazardous chemicals in the manufacturing process."

Process safety management encompasses a detailed set of requirements and procedures employers must follow to address hazards proactively that are associated with processes and equipment that use large quantities of hazardous chemicals. In this case, the majority of violations relate to potential flammable hazards stemming from the use of carbon disulfide, tetrahydrofuran, and toluene processes.

 

The additional two serious violations involve exposing workers to fall hazards and failure to provide personal protective equipment.

OSHA's standards contain specific requirements for the management of hazards associated with processes using dangerous chemicals.

Solvay Specialty Polymers Exposes Workers to Chemical Solvents

OSHA has cited Solvay Specialty Polymers for 12 violations, mainly for exposing workers to chemical hazards from solvents used at its Marietta plant. OSHA has proposed penalties of $77,000.

"The plant needs to ensure all equipment and processes receive the proper evaluation and scrutiny before the use of these highly hazardous chemicals. Workers must be trained to handle these chemicals safely," said Deborah Zubaty, OSHA's area director in Columbus. "Process safety management programs are designed to prevent the catastrophic release of highly hazardous chemicals and to prevent workers from being exposed to these harmful chemicals."

The inspection was initiated following a referral from the National Response Center due to an incident involving a methyl chloride release at the plant on July 18, 2013. The plant produces polymer pellets used in the production of items, such as plumbing, electrical connectors, medical devices and fuel filters.

One repeat violation was cited for failing to follow recognized good engineering practices. The company failed to resolve data for storage tanks when changes in measurements occurred over previous readings. The same violation at this facility was cited in March 2012.

The citations included violations of process safety information, process hazard analysis, and mechanical integrity. Employee exposure to methyl chloride and monochlorobenzene were found during the inspection. When inhaled, the two chemicals can cause damage to the central nervous system.

Process safety management encompasses a detailed set of requirements and procedures employers must follow to address hazards proactively that are associated with processes and equipment that use threshold quantities of hazardous chemicals. OSHA's standards contain specific requirements for the management of hazards associated with processes using dangerous chemicals.

Solvay Specialty Polymers USA, LLC, has 270 employees at the Marietta facility and 2,945 employees nationwide under the Solvay Group. Solvay Specialty is headquartered in Bollate, Italy.

Philadelphia Macaroni Exposes Workers to Repeat Safety and Health Hazards

OSHA has cited Philadelphia Macaroni for 13 alleged workplace safety and health violations—five of them repeat—at its Warminster facility. OSHA proposed $75,483 in penalties following a July 2013 inspection initiated under its Site-Specific Targeting Program that directs enforcement resources to workplaces with the highest injury and illness rates.

"The Site-Specific Targeting Program allows us to be proactive in identifying workplace hazards before an accident can occur," said Jean Kulp, director of OSHA's Allentown Area Office. "Each of the cited violations leaves Philadelphia Macaroni workers open to risks and needs to be fixed immediately."

The repeat violations, with a $60,490 penalty, were due to electrical hazards, including the improper use of electrical equipment, blocked electrical panels and an opening in electric boxes, cabinets and fittings; a deficient emergency eyewash system; and use of an improperly configured guard designed to protect workers from lacerations while working with a band saw. The company was cited for similar violations in November 2008.

Eight serious violations, carrying a $14,993 penalty, include deficiencies in the company's program for controlling hazardous energy and electrical hazards. These hazards include exposed live parts operating above 50 volts and the use of a damaged flexible cord.

Cleveland Metal Company Repeatedly Exposes Workers to Lead

OSHA has cited Victory White Metal Co., for 12 safety and health violations at its Cleveland lead products manufacturing facility. Proposed penalties total $61,600. Five repeat violations include allowing workers to be exposed to lead above permissible levels.

"It's unacceptable that Victory White Metal Co., failed to correct problems identified previously and continues to allow workers to be exposed to excess lead, which can cause long-term health problems," said Howard Eberts, OSHA's area director in Cleveland. "Companies must implement safeguards, create a culture of safety, and protect workers from the hazards that exist in their facilities."

Five repeat violations involve failing to:

  • Ensure workers were not exposed to lead above permissible exposure limits
  • Use engineering controls to lower employee exposure to lead
  • Have work rests in place and properly adjusted on grinders
  • Have tongue guards in place and properly adjusted on grinders
  • Have covers in place on electrical equipment

The same violations were cited in 2009 at this facility.

Six serious violations involved lack of machine guarding on lathes, cutoff machines, belts, pulleys, chains and sprockets; failing to close unused openings in circuit breaker panels; not requiring employees exposed to lead to shower at the end of shifts; and failing to secure cylinders of compressed gas to prevent tipping.

One other-than-serious violation was issued for failure to conduct periodic, annual evaluations of documented lockout procedures. An other-than-serious safety violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.

Gem Drilling Co. Inc. Cited for 19 Violations

OSHA has cited Stamford-based Gem Drilling Co. Inc. for 19 safety and health violations involving a variety of hazards. Proposed penalties total $46,900.

OSHA's El Paso Area Office inspected the facility in November 2013 as part of the agency's Oil and Gas Regional Emphasis Program, which is designed to prevent fatalities and other catastrophic events at oil drilling and gas wells.

"Inspectors found 13 workers at risk of potential injuries from preventable workplace hazards, including unsecured stairs and missing guardrails, electrical deficiencies and poor housekeeping," said Joann Figueroa, OSHA's area director in El Paso. "OSHA's standards must be followed to keep workers safe."

Serious violations include failing to provide guardrails for workers on platforms 7 feet above the ground; maintain a derrick ladder in safe condition; properly guard machinery; and use electrical components in a manner that complies with safety requirements. Other serious violations include failing to ensure equipment is effectively grounded; properly maintain exposed electrical circuits; provide workers with toilet facilities; and maintain the workplace in a sanitary condition.

 

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