OSHA Fines Company $167,500 for Violating the Same Rule Three Times

October 09, 2006

OSHA cited a wood-framing contractor for the third time for failing to provide its employees with fall protection at a Billerica, Mass., residential construction site. Multi Building Inc., based in Lewisville, Texas, was cited for a total of nine alleged violations of workplace safety standards at the Villas at Old Concord residential construction project located at 4 Riverhurst Road in Billerica. In March, the company was cited and fined $77,000 for fall and other hazards at this site.

"This is the third time this employer has been cited for lack of fall protection at this job site and the twelfth time nationwide," said Francis Pagliuca, OSHA's area director for Middlesex and Essex counties in Mass. "Falls are the leading killer in construction. Multi Building Inc. knows fall protection is required for workers, yet it continually refuses to supply and ensure this basic, lifesaving and necessary safeguard."

The latest inspection began March 31 when an OSHA inspector delivering the previous set of citations to the work site observed three instances where workers were exposed to falls of up to 38 feet while working on roofs or the top of framing. Adding to these fall hazards was the absence of required access ladders, which forced workers to climb the structural framing to reach their work areas.

These conditions resulted in the issuance of two willful citations carrying $140,000 in proposed fines. A willful violation is one committed with an intentional disregard of, or plain indifference to, the requirements of the Occupational Safety and Health Act and regulations.

Seven serious citations with $27,500 in fines were issued for failing to train employees in fall protection, fall protection not rigged to prevent falls of more than 6 feet, unguarded wall openings, defective and uninspected ladders, uncovered floor holes, obstructed egress, debris with protruding nails, and an unlabeled gasoline storage tank. A serious citation is issued when death or serious physical harm are likely to result from a hazard about which the employer knew or should have known.

OSHA Issues Hexavalent Chromium Guidance

 

 

"This new resource is aimed at helping small businesses comply with the new standards, while helping them reduce the risk to employees potentially exposed to these compounds," said OSHA Administrator Edwin G. Foulke, Jr.

The guide describes the steps that employers are required to take to protect employees from hazards associated with exposure to Cr(VI). It is divided into sections that address the major provisions of the standards, and follows the same organization as the corresponding paragraph of the standards. However, the guide provides more detail than the standards to help employers better understand the requirements.

Permissible exposure limits (PEL), exposure determination, regulated areas, methods of compliance, respiratory protection, protective work clothing and equipment, hygiene areas and practices, housekeeping, and medical surveillance are the major topics included in the guide.

Hexavalent chromium compounds are widely used in the chemical industry as ingredients and catalysts in pigments, metal plating and chemical synthesis. Cr(VI) can also be produced when welding on stainless steel or Cr(VI)-painted surfaces. The major health effects associated with exposure to Cr(VI) include lung cancer, nasal septum ulcerations and perforations, skin ulcerations, and allergic and irritant contact dermatitis.

OSHA Cites Georgia-Pacific for Safety Hazards Following Fatality at Paper Mill

 

OSHA has cited Georgia-Pacific after a worker was killed in a Cedar Springs, Ga., paper mill accident. The agency is proposing penalties totaling $63,000.

"This case demonstrates the need for continuous vigilance to ensure that existing protective systems are maintained to keep employees safe," said John J. Deifer, OSHA's Savannah, Ga., area director.

On April 10, a Georgia-Pacific employee was assigned to weld pinholes on the outside of a pressurized metal tank. Two other employees, standing on catwalks above and below the welder, served as fire watchmen. During the welding operation, a vacuum-pressure relief device discharged steam and paper stock, causing one watchman to fall 30 feet.

OSHA issued four serious citations and proposed $28,000 in penalties for safety hazards directly related to the accident. Investigators found that a rusted, loose and improperly anchored catwalk guardrail system gave way when steam pushed the worker against it. OSHA also issued citations for inadequately written procedures for assuring that equipment was rendered inoperable while employees performed welding operations, failure to locate pressure-relief devices so that they vented away from employees, and failure to assure that input valves were closed and locked before welding began.

The company also received one repeat citation with a proposed penalty of $35,000 for failing to ensure that employees were familiar with and adequately trained on the lockout procedures for the tank.

Wiremold Fined $315,000 for Widespread Hazards

 

Wiremold Co., a manufacturer of electronic products, faces $315,000 in fines from OSHA for workplace hazards at its West Hartford, Conn., plant. The company was cited for 40 alleged violations of safety and health standards following OSHA inspections begun April 12 in response to employee complaints.

"Plant workers were exposed to electrocution hazards when they worked on live electrical parts without first deenergizing them and locking out their circuits," said C. William Freeman III, OSHA's area director in Hartford, Conn. "This employer knows from previous OSHA inspections the magnitude of risk posed to workers by these practices."

OSHA's inspection also found that reportable instances of hearing loss among employees exposed to high noise levels were not recorded on the plant's OSHA logs, as required. The failure to record these cases, plus the work on live parts, resulted in the issuance of two willful citations carrying $140,000 in proposed fines.

OSHA proposed $117,000 in fines for 15 repeat citations for hazards found in these inspections that were similar to those cited in earlier OSHA inspections. They included material stored in an exit stairwell, improper storing and handling of flammable liquids and combustible items, numerous instances of unguarded or inadequately guarded machinery, an uncovered electrical junction box and other electrical hazards, an uninspected crane, an unguarded welding machine, and an inadequate system for collecting aluminum dust generated during buffing operations.

Twenty-three serious citations were issued for hazards involving unguarded or inadequately guarded mechanical power presses, deficiencies in the plant's hearing conservation and hazard communication programs, failing to determine if workers were exposed to lead and cadmium, storage of excess amounts of flammable liquids in work areas, defects in the plant's paint spray operation, damaged or missing personal protective equipment, tripping hazards, and additional electrical hazards. A total of $58,000 in fines was proposed for these items.

OSHA Unveils New Safety and Health Topics

 

OSHA recently launched a new topics page on its website aimed at demonstrating that investment in workplace safety and health makes good business sense.

 Information on the page focuses on how a comprehensive safety program can help an employer save money and improve business.

"OSHA continues to seek ways to offer services and programs that assist and guide employers on the responsible path to occupational safety and health," said OSHA Administrator Ed Foulke. "This new Safety and Health Topics page serves as a ‘one stop shopping’ tool for information on how investing in workplace safety and health can improve a company’s productivity and bottom line."

The Making the Business Case for Safety and Health topics page contains direct links to resources showing the costs of workplace injuries and illnesses, economic benefits of workplace safety and health, and how accounting for employee safety in the design stage of a project can result in fewer injuries and illnesses and increased productivity.

The topics page has a number of additional resources, including success stories, case studies and tools for getting started on improving safety and health in the workplace.

 The subjects of the pages include specific workplace hazards, as well as individual industries, and provide assistance for complying with OSHA standards.

New Fact Sheet on Fall Protection Available

 

In addition, the fact sheet highlights safe climbing practices, specialized training, and other safety and health tips.

OSHA Issues Inspection Guidance

 

 

National Fire Prevention Month

 

October - autumn colors, cooler weather, shorter days and, by the way, National Fire Prevention Month. Workplace fires and explosions kill 200 workers and injure more than 5,000 every year. OSHA has a wealth of informational resources, and a few tips, to help ensure that employees remain safe on the job and not become a fire victim. For example:

  • Train your employees about fire hazards in their workplace and about what to do in a fire emergency
  • Use fire prevention and emergency evacuation plans
  • Ensure exit routes are properly marked, and free from obstacles
  • Make portable fire extinguishers available and check them frequently
  • Change the batteries in all smoke detectors

 

 

Cal/OSHA Issues Nearly $50,000 in Citations to Mammoth Mountain Ski Area

 

The California Department of Industrial Relations’ Division of Occupational Safety and Health issued citations to Mammoth Mountain Ski Area totaling $49,865 following an investigation into the April 6 accident resulting in the death of three ski patrol employees.

"As a result of our investigation, inspectors determined that Mammoth Mountain Ski Area failed to have proper procedures in place to evaluate hazards associated with volcanic fumaroles and failed to provide training to employees performing rescue and medical duties associated with the dangerous fumaroles," said Len Welsh, Cal/OSHA acting chief. "If standard practices had been followed this catastrophic event might not have occurred."

On April 6 two employees who fell into a 20-foot cavity over a volcanic fumarole that was covered by snow and a third employee attempting to rescue them died from lack of oxygen due to the presence of carbon dioxide gas. In all, 20 employees involved in the rescue attempt were treated and released from the Mammoth Mountain Hospital after being evaluated for potential oxygen deficiency. Of the eight violations found, two were determined to be accident-related.

The largest of the penalties was $18,000 each for the two serious accident-related violations of Cal/OSHA regulations addressing training issues. The investigation also revealed that the employer failed to properly identify and evaluate the hazards for working near the areas of volcanic fumaroles, which were known to have high levels of carbon dioxide gas. A third serious citation was issued for not having proper warning signs to indicate a potentially hazardous situation at the location of the fumarole.

A serious citation is issued when there is substantial probability that death or serious physical harm could result from a violation of Cal/OSHA requirements.

In addition to the three serious violations, Mammoth Mountain Ski Area was issued general citations for not conducting proper internal atmosphere testing, not using proper engineering controls and not providing proper respirators for escape or rescue.

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