The company operates under the name Behr Iron & Metal.
The victim, a 37-year old Hispanic immigrant, suffered multiple external and internal injuries after his arm was caught in a conveyor belt at the scrap metal shredding and sorting facility on March 10. At least three other workers were also exposed to dangerous, unguarded machines during cleaning operations.
"A wife and two little girls lost their husband, father, and livelihood because Behr Iron & Steel knowingly exposed this worker to highly dangerous equipment with no safeguards," said Dr. David Michaels, assistant secretary of labor for the Occupational Safety and Health Administration. "For this family, the American dream is now a nightmare. Behr Iron & Steel needs to be held accountable for its history of failing to protect their workforce."
The worker had been hired as a permanent employee in October 2013, after working under a temp-to-hire program though a local staffing agency. Of the employees working in the shredder and sorting process, five were temporary workers. Behr Iron & Steel has contracts with both Premier Employee Solutions LLC's location in Beloit, Wisconsin, and QPS Employment Group, headquartered in Brookfield, Wisconsin, to operate a temp-to-hire program that offers workers permanent positions after completion of a successful 90-day trial period. The workers are supervised and trained by Behr Iron & Steel.
Workers entered the shredder discharge pit through a 2 1/2 by 3 1/2 foot opening to perform their daily cleaning activities. Those activities involved shoveling metal scrap material that had accumulated in the pit onto a takeaway conveyor system. This conveyor was not guarded and the shredder was not locked out prior to the workers entering the pit.
"Management was aware that the shredder was not being locked out and that workers were accessing the pit with the conveyors running. Unfortunately, Behr Iron & Steel continued the practice of allowing the conveyor to run because it increased efficiency," said Nick Walters, OSHA's regional administrator in Chicago. "OSHA's investigation found that safety training at the plant was woefully inefficient. The company failed to develop and implement required safety procedures at the facility, including permit-required confined space entry and hazardous energy control, despite being previously cited by OSHA for similar conditions at other locations."
A confined space is one large enough for workers to enter and perform certain jobs, has limited or restricted means for entry or exit, and is not designed for continuous occupancy. OSHA found violations, such as failing to implement training, procedures and practices for safe entry into the shredder pit and failing to inform employees of the dangers present in pit. The company also failed to prepare entry permits prior to allowing cleaning activities inside of the pit. Since the beginning of 2014, there have been three other fatalities in Illinois related to confined space violations.
Behr Iron & Steel was also cited for failing to conduct periodic inspections of equipment-specific lock out/tag out procedures since 2010.
A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirement, or plain indifference to employee safety and health.
One serious violation was issued for failing to evaluate the ability of emergency services to respond to emergencies occurring within a required permit-confined space. An OSHA violation is serious if death or serious physical harm could result from a hazard an employer knew or should have known exists.
Prior to the current OSHA inspection, the company had been inspected six times in the previous five years at various locations located in Illinois and Iowa. In March 2010, numerous violations were issued to the company's Mason City, Iowa, shredding facility after an employee's arm became trapped and seriously injured while entering a permit-required confined space to perform cleaning operations. After receiving a complaint, OSHA conducted an investigation and issued multiple citations in September 2010 to the company's Peoria, Illinois, shredding facility. That investigation determined that the company's procedures for ensuring that hazardous machines were properly turned off before workers performed service and maintenance were inadequate.
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.
EPA’s New Solvent Wipe, Shop Towel Rule Demystified
- 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?
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Pride Plating Inc. Fined $341,550 for Exposing Workers to a Cancer-Causing Health Hazard
"The chromium standard addresses exposure. OSHA has documented and cited three routes of exposure in this case," said David Bates, OSHA's area director in Oklahoma City. "At Pride Plating, workers were exposed to hexavalent chromium through spray painting and dip tank operations, and in the lunchroom and smoking areas."
Nine repeat violations, with a penalty of $180,180, were mainly cited for chromium violations, including failure to provide safe personal protective equipment for workers exposed to chromium; demarcate regulated areas where chromium was sprayed; prevent ingestion of food and drinks and absorption of cigarettes in chromium-regulated areas; and properly train workers exposed to the facility's chromium, caustics and corrosives. 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. Similar violations were cited in 2009.
With a penalty of $161,370, the remaining 29 violations-including 28 serious-were cited for failure to provide adequate walking and working surfaces; separate locker space and storage for street clothing and protective clothing; perform personal protective equipment hazard assessments; and guard power transmission belts. Respirator violations included failing to implement a respiratory program and fit test and ensure respirators were stored in a sanitary location. Chromium violations included failure to inform workers of their exposure records, provide adequate washing facilities and label chemical containers
Justin Construction Co. Fined $186,340 for Willful and Repeat Safety Violations
"Falls continue to be the leading cause of death in construction, and this employer's blatant disregard for employees' safety is unacceptable," said Brian Sturtecky, OSHA's area director in Jacksonville. "It is imperative that any employee working from heights more than 6 feet be provided the proper fall protection equipment and trained how to properly use it."
Three willful violations were cited for the employer's failure to provide a fall protection system at two job sites, where employees were conducting decking work at heights of 6 feet or more, and for allowing workers to use the top step of a stepladder.
Two repeat violations were issued for permitting workers to use pressurized nail guns without providing proper eye protection and failing to provide fall protection systems for employees working on steep roofs at elevations between 10 and 16 feet.
The page offers fact sheets, posters, and videos that vividly illustrate various fall hazards and appropriate preventive measures.
Truss Components of Atlanta Inc. Fails to Correct Hazards, Fined $92,851
Truss Components of Atlanta, Inc., was cited by OSHA with one failure-to-abate, five repeat, and two serious safety and health violations, following an inspection in February at the company's facility on Old Covington Highway. OSHA initiated the inspection as a follow up to a previous inspection conducted in November 2013. Proposed penalties total $92,851.
"Truss Components of Atlanta either never corrected the known hazards or allowed those hazards to reoccur. Employers must take the safety and health of their workers seriously, otherwise they risk their employees falling seriously ill, being injured or dying," said William Fulcher, director of OSHA's Atlanta-East Area Office.
The failure-to-abate citation, with $50,000 in penalties, was issued for failing to establish a hearing test program for workers exposed to high noise levels. The employer was previously cited for this violation in 2013. A failure-to-abate citation is issued when an employer fails to fix or address previously cited hazardous conditions, practices or noncompliant equipment.
With $36,960 in penalties, the repeat citations were issued for the employer's failure to establish a training program for workers exposed to high noise levels, develop and implement a hazard communication program, and identify pedestrian walkways in areas where industrial trucks operated. Additionally, the employer exposed workers to fire and explosion hazards due to combustible wood dust accumulation. Truss Components of Atlanta was previously cited for these same violations in 2013 at this facility.
The serious citations, with $5,891 in penalties, were issued for failing to develop and implement written instructions for disconnecting electricity from equipment while workers performed maintenance and service activities and for not requiring workers to conduct daily safety checks of forklift trucks prior to use.
Worker Fatally Injured after Fall at Farmers Cooperative
Following the death of a 73-year-old worker who sustained fatal injuries from falling while loading a tanker truck, Farmers Cooperative has been cited by OSHA for one repeat and two serious safety violations at its McCool Junction fertilizer plant. The incident occurred May 7, and the worker died from his injuries May 13. The full-time employee had worked for the company since February 2013.
"Anyone who has to work at heights above 5 feet must be protected with fall protection equipment and trained on how to properly use it," said Bonita Winingham, OSHA's area director in Omaha. "Farmers Cooperative failed to implement the basic fall prevention steps that could have prevented this senseless tragedy."
OSHA's investigation found that Farmers Cooperative failed to provide a standard guardrail in the fertilizer plant's batching area and issued one repeat citation for that violation. The company was previously cited for this violation in Exeter, Nebraska, in 2011 and Wilbur, Nebraska, in 2013.
Two serious violations were cited for failing to provide fall protection for employees who were working on top of tanker trucks and not providing railing on stairways.
This was the first inspection at the McCool Junction fertilizer plant, which was recently purchased by the company.
B & T Underground Fined $76,340 for Exposing Workers to Trench Cave-ins
B & T Underground, Inc., based in North Riverside, exposed workers to cave-in hazards and has been cited for one willful, two serious, and four repeat safety violations by OSHA. OSHA opened the inspection March 10, 2014, after observing employees working in an unprotected trench at a residential home under construction in Chicago. Proposed penalties total $76,340.
"B & T Underground has demonstrated a continuous lack of commitment to worker safety by failing to use the many forms of cave-in protection available to them," said Angeline Loftus, OSHA's area director for Chicago North. "Trench cave-ins can bury a worker in minutes and result in numerous fatalities and injuries every year."
One willful violation was cited for failing to ensure workers were protected from cave-in hazards while working in a trench that exceeded 6 feet in depth. OSHA standards mandate that all excavations 5 feet or deeper be protected against collapse.
B & T Underground was previously cited for similar trenching violations in 2011 and 2012, resulting in four repeat citations. These included failure to provide a safe means of access and exit from the trench and employee exposure to possible collapse of undermined portions of the street and sidewalk. Additionally, workers were not required to wear hard hats or reflective vests to alert motorist of their location.
The investigation found that workers were in danger of being hit by moving vehicles while working on an active roadway without sign paddles or flags. The company failed to protect workers from excavated material on the edge of the trench or from falling or rolling back into the trench. Two serious citations were issued for these violations.
Beck Aluminum Alloys Ltd. Cited for Improper Handling of Liquid Chlorine
Procedures for handling liquid chlorine, a highly hazardous chemical, at Beck Aluminum Alloys, Ltd., were lacking according to an investigation by OSHA. The company, which recycles aluminum and produces alloys used in various applications, will pay a penalty of $32,890 for 10 serious safety violations.
Liquid chlorine, used in the production of aluminum metals, is a chemical covered under the standards. It can cause irritation to the eyes, skin, and the respiratory system.
"Exposure to chlorine can have terrible health consequences, and workers must be trained in proper operating procedures to minimize exposure. Workers should never be put at risk because a company failed to implement and test controls that would protect them from exposure," said Christine Zortman, OSHA's area director in Milwaukee.
The February 21 inspection found the foundry failed to evaluate potential hazards for employees who worked with chlorine, including the impact of power outages on work processes. The company also did not develop written procedures to minimize employee exposure. In addition, the company failed to properly test and evaluate piping used to transfer liquid chlorine, and it failed to implement safe operating pressure limits.
Beck Aluminum Alloys Ltd., based in Lebanon, Pennsylvania, is a subsidiary of Beck Aluminum Corp., of Mayfield, Ohio. Beck Aluminum Alloys employs 115 workers nationwide at its foundries in Lebanon and Racine.
The company has negotiated a settlement agreement with OSHA which includes a final order of 10 serious violations and payment of $32,890 in four installments. The company must also provide documentation that the safety violations have been abated.
BNSF Railway Ordered to Pay $12,000 to Worker Disciplined for Taking Doctor-Ordered Leave
The company has been ordered to pay the conductor $12,000 in damages, remove disciplinary information from the employee's personnel record, and provide whistleblower rights information to its employees.
"It is illegal to discipline an employee for following doctor's orders," said Marcia P. Drumm, OSHA's acting regional administrator in Kansas City. "Workers should never be forced to choose between their health and facing disciplinary action. Whistleblower protections play an important role in keeping workplaces safe."
OSHA's investigation upheld the allegation that the railroad company disciplined the conductor, who has been employed there since 2004, in retaliation for taking leave in line with a doctor's treatment plan. The employee was ill and notified a supervisor that he was seeing a doctor the afternoon of November 18, 2013. Following his doctor's appointment, the conductor immediately notified a supervisor that the doctor had ordered him to stay out of work for the remainder of the day, due to a personal illness. The company then accused the employee of violating its attendance policy and subsequently disciplined the employee.
BNSF Railway has been ordered to pay $2,000 in compensatory and $10,000 in punitive damages, as well as reasonable attorney's fees. Any of the parties in this case can file an appeal with the department's Office of Administrative Law Judges.
Employers are prohibited from retaliating against employees who raise various protected concerns or provide protected information to the employer or to the government.
Heartland Workers Center Establishes Alliance with OSHA to Educate Immigrant Workers on Workplace Safety and Health
An alliance is being formed between the Heartland Workers Center of Omaha and OSHA to provide HWC staff, immigrant workers, and others with education, guidance, and access to training resources on protecting the health and safety of workers.
Founded in 2009, the HWC is a self-sustaining immigrant and worker advocacy organization that provides leadership training with the goal of improving working and living conditions for all families across the Midwest.
"This alliance reflects a commitment to the safety of all employees in the Omaha area, including vulnerable populations like immigrant workers," said Bonita Winingham, OSHA's area director in Omaha. "We must keep in mind that every worker in this country deserves a safe work environment."
HWC and OSHA intend to speak, present, or appear at conferences, local meetings, or other community-based events and work with participants on specific issues and projects related to immigrant worker rights that are addressed and developed through the Alliance Program.
The purpose of each alliance is to develop compliance assistance tools and resources and to educate workers and employers about their rights and responsibilities. Alliance Program participants do not receive exemptions from OSHA inspections.
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