This action, which is taken after consultation with stakeholders, including industry, meets the administration’s focus on ensuring that this important resource continues to be developed safely and responsibly.
The hazard alert follows a cooperative study by NIOSH and industry partners that identified overexposure to silica as a health hazard to workers conducting hydraulic fracturing operations.
As noted in the alert, respirable silica is a hazard common to many industries and industrial processes. Because large quantities of silica sand are used during hydraulic fracturing, NIOSH began a cooperative effort in January 2010 to collect data regarding silica exposure at hydraulic fracturing operations. NIOSH worked in cooperation with oil and gas industry partners to sample the air at 11 sites in five states where hydraulic fracturing operations were taking place. NIOSH identified seven primary sources of silica dust exposure during fracturing operations and found that workers downwind of sand mover and blender operations, especially during hot loading, had the highest silica exposures.
Workers who breathe silica day after day are at greater risk of developing silicosis, a disease in which lung tissue reacts to trapped silica particles, causing inflammation and scarring, and reducing the lungs’ ability to take in oxygen. Silica also can cause lung cancer and has been linked to other diseases, such as tuberculosis, chronic obstructive pulmonary disease, and kidney and autoimmune disease.
This action responds to the NIOSH findings. The alert states that employers must ensure that workers are properly protected from overexposure to silica. The alert describes how a combination of engineering controls, work practices, protective equipment, and product substitution, where feasible, along with worker training, can protect workers who are exposed to silica. Engineering controls and work practices provide the best protection for workers. According to the alert, transporting, moving, and refilling silica sand into and through sand movers, and along transfer belts and into blender hoppers, can release dust into the air containing up to 99% silica that workers breathe.
“Hazardous exposures to silica can and must be prevented. It is important for employers and workers to understand the hazards associated with silica exposure in hydraulic fracturing operations and how to protect workers,” said Dr. David Michaels, assistant secretary of labor for occupational safety and health. “OSHA and NIOSH are committed to continuing to work with the industry and workers to find effective solutions to address these hazards.”
“Through partnerships, both businesses and safety professionals are able to collaborate on assessing and managing occupational safety and health risks,” said NIOSH Director John Howard, M.D. “The recommendations for protecting workers in the hazard alert are practical, evidence-based and effective solutions to help support the safe growth of American-made energy.”
“We applaud the efforts of the NIOSH NORA Council for Oil and Gas Extraction, OSHA and our partners from industry for helping to raise awareness of this hazard,” said Kenny Jordan, executive director of the Association of Energy Service Companies. “We are proud of the development of an industry focus group in cooperation with those agencies which will further explore this issue, share best practices, and continue to build upon the many engineering controls currently in place and those under development over the last several years. The safety and health of our workforce is a top priority, and the industry strives to follow and improve best practices for safe operations and works closely with OSHA and NIOSH to help ensure a strong culture of safety. We look forward to sharing improvements not only within our industry, but with others as well.”
AFL-CIO Health and Safety Director Margaret Seminario stated, “The AFL-CIO strongly supports this hazard alert that provides important information to employers and workers involved in hydraulic fracturing operations regarding the serious health threat from silica exposures. It is critical that OSHA and NIOSH disseminate this information, so that immediate action can be taken to protect workers from silicosis and other silica-related diseases.”
How to Prepare for OSHA’s Globally Harmonized Hazard Communication Standard (GHS)
- June 26
- July 18
- August 15
- October 2
How to Author GHS Safety Data Sheets
- June 27
- October 3
How to Label Hazardous Chemicals Using OSHA’s New GHS Hazcom Standard
- June 28
- October 4
Dayton RCRA and DOT Training
Raleigh RCRA and DOT Training
Macon RCRA and DOT Training
National Research Council Recommends Safety Oversight of Offshore Drilling and Production
These should include inspections, operator audits, bureau audits, key performance indicators, and a whistleblower program. The report emphasizes using cooperation and consultation to further develop a culture of safety.
These recommendations are consistent with the bureau’s proposed changes to SEMS with the exception of one change to require that audits be performed by third parties. The Research Council report stresses that a truly independent internal audit team is preferred to an external third-party team to avoid the development of a compliance mentality. Audits should be carried out by the operator’s internal qualified, independent team whenever possible. BSEE, however, should approve all audit plans and receive a copy of each audit and follow-up report
“BSEE should seize this opportunity to make a step change in safety culture,” said Kenneth Arnold, senior technical adviser at WorleyParsons, Houston, and chair of the committee that wrote the report. “The bureau can tailor its approach to evaluating the effectiveness of SEMS in order to move both the industry and the government from a culture of relying on punishment only—obtaining prescriptive adherence to pass/failure requirements—to a culture of continuous improvement. The idea is to meet the goals of SEMS through a mixture of cooperation and consultation as well as punishment.”
Since the April 2010 Deepwater Horizon blowout and explosion, the federal government as well as the offshore oil and gas industry have been undergoing major changes, including the issuance of regulations requiring operators of offshore facilities to adopt and implement comprehensive SEMS programs by November 15, 2011. These systems are intended to shift from an entirely prescriptive approach to a proactive risk-based, goal-oriented regulatory approach to improve safety and reduce the likelihood of similar events recurring. The committee for this study was charged with recommending a method of assessing the effectiveness of operators’ SEMS programs on any offshore drilling or production facility.
In addition to compliance inspections and an internal, independent auditing system, the report recommends that the bureau establish a key performance indicator program to identify metrics to evaluate the SEMS audit approach and to find opportunities for improvement. This information should be used to determine trends and should be disseminated to the industry in a timely manner.
The report also recommends that BSEE establish a whistleblower program to help monitor the culture of safety at each installation and correct any improprieties in its own operations. Workers must have a way to anonymously report dangerous deviations in norms and motivations that may not be obvious to bureau inspectors or even to internal auditors, as well as unprofessional conduct by BSEE’s own staff, says the report.
BSEE should continue to perform complete or partial audits when justified by reports, incidents, or events, and is responsible for verifying that quality audits are carried out and acted on appropriately. To fill this role, the bureau needs a cadre of trained auditors who will be able to spend sufficient time on location to conduct the appropriate audits. Hiring and training additional personnel will likely be necessary, the report says. BSEE inspectors should be trained to focus on promoting safety rather than issuing citations for incidents of noncompliance that may or may not be important in meeting the intent of SEMS.
Norfolk Southern Railway Co. Fined $802,168.70 after Terminating Injured Workers
OSHA has found that Norfolk Southern Railway Co., violated the whistleblower protection provisions of the Federal Railroad Safety Act and consequently has ordered the company to pay three whistleblowers $802,168.70 in damages, including $525,000 in punitive damages and attorneys’ fees. Additionally, the company has been ordered to expunge the disciplinary records of the whistleblowers, post workplace notices regarding railroad employees’ whistleblower protection rights, and provide training to its employees about these rights.
Three concurrent investigations were completed by OSHA’s offices in Columbia, South Carolina; Nashville, Tennessee; and Harrisburg, Pennsylvania. The investigations revealed reasonable cause to believe that the employees’ reporting of their workplace injuries led to internal investigations and, ultimately, to dismissals from the company.
A laborer based in Greenville, South Carolina, was terminated on August 14, 2009, after reporting an injury as a result of being hit by the company’s gang truck. The railroad charged the employee, a laborer, with improper performance of duties. OSHA found that the employee was treated disparately in comparison to four other employees involved in the incident. The laborer was the only employee injured and, thus, the only employee who reported an injury. He also was the only employee terminated. OSHA has ordered the railroad to pay punitive damages of $200,000 as well as compensatory damages of $110,852 and attorney’s fees of $14,325.
In Louisville, Kentucky, an engineer at a Norfolk Southern facility was terminated on March 31, 2010, after reporting an injury as a result of tripping and falling in a locomotive restroom. The railroad, after an investigative hearing, charged the employee with falsifying his injury. OSHA found that the investigative hearing was flawed and orchestrated to intentionally support the decision to terminate the employee. OSHA has ordered the railroad to pay the employee $150,000 in punitive damages, $50,000 in compensatory damages, and $7,375 in attorney’s fees.
On July 22, 2010, a railroad conductor based in Harrisburg, Pennsylvania, was terminated after reporting a head injury sustained when he blacked out and fell down steps while returning from the locomotive lavatory. The company, after an investigative hearing presided over by management officials, found the employee guilty of falsifying a report of a work-related injury, failing to promptly report the injury, and making false and conflicting statements. The day before the injury, the employee had been lauded for excellent performance, highlighted by no lost work time due to injuries in his 35-year career. OSHA found that the investigative hearing was flawed, and there was no evidence the employee intended to misrepresent his injury. OSHA is ordering the railroad to pay the employee $175,000 in punitive damages, $76,623.27 in back wages plus interest and $17,993.43 in compensatory damages, as well as all fringe benefits.
“Firing workers for reporting an injury is not only illegal, it also endangers all workers. When workers are discouraged from reporting injuries, no investigation into the cause of an injury can occur,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “To prevent more injuries, railroad workers must be able to report an injury without fear of retaliation. The Labor Department will continue to protect all employees, including those in the railroad industry, from retaliation for exercising these basic worker rights. Employers found in violation will be held accountable.”
These actions follow several other orders issued by OSHA against Norfolk Southern Railway Co., in the past year. OSHA’s investigations have found that the company continues to retaliate against employees for reporting work-related injuries and has effectively created a chilling effect in the railroad industry.
Any party to this case can file an appeal with the Labor Department’s Office of Administrative Law Judges.
Norfolk Southern Railway Co., is a major transporter/hauler of coal and other commodities, serving every major container port in the eastern US with connections to western carriers. Its headquarters are in Norfolk, Virginia, and it employs more than 30,000 union workers worldwide.
OSHA enforces the whistleblower provisions of the FRSA and 20 other statutes protecting employees who report violations of various securities laws, trucking, airline, nuclear power, pipeline, environmental, rail, maritime, health care, workplace safety and health regulations, and consumer product safety laws.
Under the various whistleblower provisions enacted by Congress, employers are prohibited from retaliating against employees who raise various protected concerns or provide protected information to the employer or to the government.
Tribe Mediterranean Foods Cited Following Death of a Worker
OSHA’s South Boston Area Office opened an inspection on December 16, 2011, after a contract employee who was cleaning and sanitizing a machine used in the hummus manufacturing process was caught, pulled into the machine, and crushed to death between two rotating augers.
These are the procedures employers must put into effect and train workers to follow to shut down machines and lock out their power sources before cleaning or performing maintenance on them. The purpose of lockout/tagout procedures is to ensure that the machines are not operating, and cannot unexpectedly activate and harm workers. OSHA requires that employers train workers so that they understand the purpose of the energy control procedures, and have the knowledge and skills required to safely utilize them.
When there is a particularly egregious lack of compliance and exposure to hazards, OSHA can issue citations on a per-instance basis, in this case, representing one willful violation for each untrained employee exposed to a hazard.
OSHA has issued Tribe Mediterranean Foods citations for two additional willful violations, one for failing to adequately train maintenance workers to recognize hazardous energy sources, and one for failing to develop and utilize lockout/tagout procedures. 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.
Citations for three repeat violations have been issued for failing to conduct periodic inspections of the energy control procedures, inadequate guarding of rotating blades on blending tanks, and an exposed chain and sprocket on a conveyor. A repeat violation can be cited 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. OSHA cited Tribe Mediterranean Foods, doing business as FoodTech International Inc., in October 2009, for similar hazards at its New Haven, Connecticut plant.
Finally, Tribe Mediterranean Foods has been issued citations covering six serious violations for electrical, slipping, fall, pallet jack, and additional machine guarding hazards. 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.
Tribe Mediterranean Foods faces a total of $702,300 in proposed fines.
The program focuses on recalcitrant employers that endanger workers by committing certain willful, repeat, or failure-to-abate violations.
Tribe Mediterranean Foods is a subsidiary of Tivall 1993 LTD, which is owned by Osem Investments Limited, a subsidiary of Nestle SA. The Osem Group of companies produces and distributes certified-kosher food products in Israel, Europe, and the US. In addition to Osem and Migdanot Habayit products, the company imports, markets, and distributes throughout the US products from Wissotzki, Matzot Rishon, Matzot Karmel, Einat, Couscous Maison, Milos, Progress, Tempo, Beit Hashita, Beigel & Beigel, Manamim, Creative, and Menora Candles.
National Vinyl Products, Subsidiary Fined $199,800 for 30 Safety and Health Violations
OSHA has cited National Vinyl Products Inc., and subsidiary NVP Hospitality Design LLC, both located in St. Genevieve, Missouri, with a total of 30 safety and health violations, including three repeat violations for failing to properly ground electrical equipment and a lack of machine guarding. Proposed penalties total $199,800.
OSHA initiated a follow-up inspection of National Vinyl Products Inc., in December 2011 after inspections in May 2009 and April 2010 resulted in citations for a variety of violations. The most recent inspection resulted in citations for 12 violations. OSHA initiated a concurrent inspection of NVP Hospitality Design LLC, based on a report of unsafe working conditions, which resulted in citations for 18 violations.
One repeat violation at National Vinyl Products is failing to ground electrical equipment. Two repeat violations at NVP Hospitality Design involve a lack of machine guarding and using flexible cords that are not grounded. These violations previously were cited during the 2009 and 2010 inspections.
National Vinyl Products has been cited with a failure-to-abate violation for not correcting machine guarding deficiencies cited during an April 2010 inspection of the facility. A failure-to-abate notice is issued, and additional fines proposed, when an employer fails to correct previously cited hazards.
Nine serious safety and health violations at National Vinyl Products involve deficient lockout/tagout procedures, a lack of machine guarding, defective slings, poor housekeeping, a lack of protective footwear, and failing to have legible load ratings on slings.
Fourteen serious safety and health violations at NVP Hospitality Design involve deficient lockout/tagout procedures, a lack of machine guarding, and a lack of personal protective equipment including eyewear. Other hazards cited involve a lack of fall protection, and failing to train workers who use powered industrial trucks, properly store and label flammable liquids, and implement a hazard communication program.
Three other-than-serious violations relate to a lack of certification for hazard assessments at both companies and record-keeping deficiencies at NVP Hospitality Design. 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.
The citations can be viewed at:
Proposed penalties total $119,700 for National Vinyl Products and $80,100 for NVP Hospitality Design.
Contractor Cited for Fall and Electrical Hazards at Manhattan Work Site
OSHA has cited Core Continental Construction LLC, for 13 alleged violations of workplace safety standards at a work site in Manhattan, New York. The Flushing contractor faces a total of $94,380 in proposed fines, chiefly for electrical and fall hazards, following an inspection by OSHA’s Manhattan Area Office.
OSHA found several hazards similar to those cited in 2008 and 2010 following inspections of Core Continental Construction work sites in Flushing and Manhattan. These recurring conditions include employees exposed to falls of 15 feet to the sidewalk from a scaffold not fully planked and lacking fall protection, as well as electric shock hazards from exposed electrical panels, and the use of frayed and ungrounded extension cords to power a tile cutter.
These conditions resulted in the issuance of citations with $71,280 in fines for six repeat violations.
Citations with $23,100 in fines were issued for seven serious violations, including additional electrical hazards as well as a lack of scaffold and ladder safety training, access to the scaffold’s work area, a scaffold base, and head protection.
Stahl Cited After Workers Suffer Finger Amputations by Unguarded Machines
OSHA has cited truck manufacturer Stahl/Scott Fetzer Co., for six safety violations—including one willful—after a worker had several fingers amputated while operating an unguarded press break March 19 at the Wooster, Ohio, plant. After OSHA had initiated an inspection, a second amputation injury occurred April 19 at the plant.
One willful violation involves failing to ensure that the points of operation are guarded on the two press brakes, which are used to bend sheet metal. Both workers were injured while using the unguarded press brakes.
Five serious safety violations include failing to develop machine-specific lockout/tagout procedures as well as provide training for employees in the use of a portable fire extinguisher, the operation of powered industrial trucks and first aid. Additionally, the company failed to develop a bloodborne pathogen program, and conduct monthly and annual crane inspections.
Proposed penalties total $90,000. Stahl/Scott Fetzer Co., is headquartered in Wooster, Ohio, where 94 workers are employed. The company employs about 200,000 workers throughout the US and Canada. The company has been inspected five times previously, resulting in the issuance of six serious and 43 other-than-serious violations.
Cummings Marine Service Cited for Failing to Address Workplace Hazards
OSHA has cited Cummings Marine Service Inc., in Memphis, Tennessee, for 11 safety and health violations primarily related to the company’s failure to address previously cited hazards. OSHA conducted a programmed planned maritime inspection in February 2009 and initiated a follow-up inspection after receiving a complaint in December 2011. Proposed penalties total $89,420.
Citations with penalties of $60,000 have been issued for two failure-to-abate violations involving the company’s failure to develop, implement, and maintain a written hazard communication program for workers exposed to various hazardous chemicals as well as provide training on hazardous chemicals. A failure-to-abate violation is one committed when an employer fails to fix or address previously cited hazardous conditions, practices, or noncompliant equipment.
Citations with $9,240 in penalties have been issued for two repeat violations that involve failing to secure acetylene cylinders from being knocked over and provide at least 90 feet of rope for life ring buoys. Similar citations were issued in 2009.
A citation with a $5,000 penalty has been issued for a willful violation involving failing to establish or implement a written respiratory protection program with work site-specific procedures.
Citations with $15,180 in penalties have been issued for five serious violations, including failing to provide training to workers in confined spaces, provide a basket stretcher in case of an emergency, test and certify a crane is operational, and provide a safe working load chart for the crane operator. Additionally, damaged regulators on oxygen and acetylene tanks were allowed to be used for cutting and welding.
A citation with no monetary penalty has been issued for one other-than-serious violation: failing to certify confined space training.
Cummings Marine Service provides maintenance for fuel barges.
Pawtucket River Bridge Reconstruction Contractor Fined for Inadequate Rescue and Fall Safeguards
OSHA has cited the general contractor for the reconstruction of the Pawtucket River Bridge for alleged willful and serious violations of safety standards for inadequate rescue procedures and for fall hazards. S&R/Pihl, a joint venture LLC, faces a total of $60,900 in proposed fines following an inspection by OSHA’s Providence, Rhode Island, Area Office.
OSHA found that S&R/Pihl did not have procedures and equipment in place for the prompt rescue of employees working at heights of up to 90 feet. The contractor’s emergency response plan did not ensure that proper rescue equipment and trained personnel were readily available if needed.
As a result, OSHA issued S&R/Pihl a citation with a $56,000 fine for this willful violation.
OSHA also issued a citation with a $4,900 fine for a serious violation involving a lack of fall protection for employees working atop the bridge deck, who were exposed to falls up to 90 feet.
Alabama Trucking Company Fined $56,700 for Multiple Hazards
OSHA has cited trucking company Alabama Motor Express Inc., in Ashford, Alabama, for 17 safety violations. OSHA opened an inspection in March under the agency’s Site-Specific Targeting Program, which directs enforcement resources to workplaces with higher-than-average rates of injuries and illnesses. Proposed penalties total $56,700.
Thirteen serious violations include failing to perform a personal protective equipment hazard assessment; provide an eyewash station for workers exposed to corrosive chemicals; provide fire extinguisher training; provide training for forklift operators; provide guarding on a bench grinder and around an open pit; reduce the pressure on an air hose to less than 30 lb per square inch for cleaning; store oxygen and acetylene cylinders at least 20 feet apart; and provide a hazard communication program. Additional violations include the improper use of electrical equipment, a missing inner electrical panel, and failing to provide weatherproof enclosures for outlets in damp and wet locations. The citations carry $55,800 in penalties.
Four other-than-serious violations involve failing to maintain the OSHA 300 log properly for reporting injuries and illnesses, establish a respiratory protection program and protect electrical conductors from abrasion, and close unused openings in the electrical panel. The citations carry $900 in penalties.
Alabama Motor Express, a trucking company, provides logistics, maintenance, and fleet services.
Lumber Manufacturer Fined $49,500 for Noise and Safety Hazards
OSHA has cited lumber manufacturer Shingleton Timber & Trucking Inc., for noise and safety hazards at its Augusta, West Virginia, facility. OSHA initiated an inspection in January as part of the agency’s National Emphasis Program on Amputations and found four repeat, three serious and one other-than-serious violation. Proposed penalties total $49,500.
The repeat violations include failing to establish a valid baseline audiogram, institute a noise training program, conduct annual noise training, and obtain an annual audiogram. The citations carry $36,960 in penalties. Similar violations were cited in 2009.
The serious violations include failing to provide a standard railing adjacent to a moving conveyor, provide an energy control program, and implement feasible engineering and administrative controls to reduce noise exposures. The citations carry $11,880 in penalties.
The other-than-serious violation is failing to have the highest ranking official on-site certify the OSHA 300A injury and illness forms. The citation carries a $660 penalty.
Shingleton Timber & Trucking employs 23 workers at its Augusta location.
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