“Far too many workers are injured and killed in preventable incidents at chemical facilities around the country,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “This program will enable OSHA inspectors to cover chemical facilities nationwide to ensure that all required measures are taken to protect workers.”
The new NEP replaces OSHA’s 2009 pilot Chemical Facility National Emphasis Program which covered several OSHA regions around the country. The program establishes policies and procedures for inspecting workplaces that are covered by OSHA’s process safety management (PSM) standard. The program’s inspection process includes detailed questions designed to gather facts related to PSM requirements and verification that employers’ written and implemented PSM programs are consistent. The intent of the NEP is to conduct focused inspections at facilities randomly selected from a list of worksites likely to have highly hazardous chemicals in quantities covered by the standard.
OSHA implemented a multi-year pilot NEP for PSM-covered facilities in July 2009 in an effort to reduce releases of highly hazardous chemicals. “During our pilot Chemical NEP we found many of the same safety-related problems that were uncovered during our NEP for the refinery industry, which is also covered by the PSM standard,” said Michaels. “As a result, we are expanding the enforcement program to a national level to increase awareness of these dangers so that employers will more effectively prevent the release of highly hazardous chemicals.”
How to Author GHS Safety Data Sheets
OSHA is adopting the new Globally Harmonized System (GHS) for the classification and labeling of hazardous chemicals. A cornerstone of GHS is the adoption of a completely revised Safety Data Sheet (SDS).
- December 15, 2011
- January 27, 2012
- February 29, 2012
How to Label Hazardous Chemicals Using OSHA’s New GHS Hazcom Standard
Workplace and supplier hazard communication labels are being reinvented as OSHA adopts the new Globally Harmonized System (GHS) for labeling hazardous chemicals.
- December 16, 2011
- February 3, 2012
- March 1, 2012
How to Prepare for OSHA Adoption of the GHS for Classification and Labeling of Chemicals
This means that virtually every product label, material safety data sheet (soon to be called “safety data sheet”), 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 MSDSs.
Environmental Resource Center is offering webcast training courses where you will learn how the new rule differs from current requirements, how to implement the changes, and when the changes must be implemented.
- December 12, 2011
- January 20, 2012
- February 28, 2012
Register early to ensure your spot in one of the upcoming sessions. You may register online or call 800-537-2372 to register by phone.
Wilmington, Delaware RCRA and DOT Training
Cleveland, Ohio RCRA and DOT Training
Safety Consultant/Trainer
Environmental Resource Center has a new opening for a safety consultant and auditor. We are looking for a former OSHA CSHO, OSHA trainer, or state inspector for this position in our Cary, North Carolina, office. Applicants should have excellent writing and speaking skills and be willing to travel 7–14 days per month. We are looking for an expert in all of the General Industry and Construction standards who is capable of performing audits of industrial facilities as well as conducting on-site training.
Strong consideration will be given to applicants who also have experience providing HAZWOPER, Hazcom, lockout/tagout, confined spaces, and machine guarding training.
The position includes maintenance of training materials (books and presentations), working on consulting projects, development of classes and computer-based training programs, and ensuring customer satisfaction.
New Tire Charts to Help Workers Safely Service Single-piece and Multi-piece Rim Wheels
OSHA has revised its tire servicing materials to address current hazards in the industry and help workers safely perform maintenance on large vehicle tires. The revised materials address OSHA’s Materials Handling and Storage standard that protects workers who service single-piece and multi-piece rim wheels. Following recent talks with representatives from tire, rubber, and wheel manufacturers, OSHA determined a need for new materials with updates from sources such as the Tire Industry Association.
The updated information, available in a portable manual or as three poster-sized charts, is easier to access and use. OSHA’s revised “Multi-piece Rim Matching Chart” provides an updated list of current and obsolete components and the old “Demounting and Mounting Procedures for Truck/Bus Tires” chart is now expanded into two charts that deal individually with tubeless and tube-type tires.
“These updated materials will provide readily accessible information on how to prevent worker injuries and deaths from tire-servicing incidents,” said Dr. David Michaels, Assistant Secretary of Labor for OSHA. “The new format and easy access will simplify compliance with the standard by helping employers provide their workers with vital servicing information.”
Investing in Occupational Health “Best Practices” Improves Outcomes for Injured Workers, Study Finds
A new study of occupational health care in Washington state shows that improving medical care for injured workers can dramatically reduce lost work time.
“Work-related disability is a major public health problem that’s largely overlooked in the U.S.,” Dr. Franklin said. “This study shows that using occupational health best practices when treating injured workers can have an important effect on their recovery.”
A few years ago, L&I first teamed up with physicians in Washington and throughout the country, health care researchers at the University of Washington, as well as business and labor leaders to find ways of helping workers in the first 12 weeks after a work-related injury.
COHEs are community-based organizations that work with medical providers to encourage the best ways to treat injured workers.
These “best practices” focus on the safe, healthy return of injured workers to full function and full employment. Examples of best practices include promptly filing the workers’ compensation claim, phoning the employer to talk about the worker’s ability to return to work or a light-duty job, and regularly assessing a worker’s ability to do work activities.
L&I gives COHE health care providers financial incentives and organizational support to get injured workers back to work sooner. A key component of the COHEs is using health services coordinators, who report to the health care delivery team and assist with community-wide integration of care.
The overall effort at improved integration of care through the use of best practices and appropriate incentives is an early model of what has been envisioned in the accountable-care organization concept under US health care reform.
The study found that injured workers treated by health-care providers operating under COHE best practices had 19.7% fewer disability days than other injured workers receiving treatment, and a reduction in total disability and medical costs of $510 per claim. Workers suffering from back strain had a reduction in disability days of 29.5%.
“We’re especially encouraged that the outcomes for workers with low-back strain were significantly better,” said Dr. Franklin. “Lower-back strain is a costly and common disabling condition in workers’ compensation.”
Currently, four COHE sites serve 2,000 providers and hundreds of employers, treating about one-third of injured workers in Washington. The findings of the study led to new legislation earlier this year that will expand access to COHEs to all injured workers in the state by 2015.
AIHA® Announces Open Comment Period for ANSI Z10 Standard
The American Industrial Hygiene Association (AIHA) has announced the open comment period for an updated AIHA/ANSI Z10 standard. This standard defines minimum performance requirements for occupational health and safety management systems (OHSMS). The open comment period begins November 25, 2011, and goes through January 9, 2012.
This is a voluntary consensus standard on occupational health and safety management systems. It uses recognized management system principles in order to be compatible with quality and environmental management system standards such as the ISO 9000 and ISO 14000 series. The standard also draws from approaches used by the International Labor Organization’s (ILO) guidelines on Occupational Health and Safety Management Systems and from systems in use in organizations in the US.
The design of ANSI Z10 encourages integration with other management systems to facilitate organizational effectiveness using the elements of Plan-Do-Check-Act (PDCA) model as the basis for continual improvement. The adoption of Z10 fits well with organizations desiring long-term sustainable growth in a socially responsible manner by reducing injury and illness and improving overall employee well-being. An OHSMS implemented in conformance with the Z10 standard can help organizations minimize workplace risks and reduce the occurrence and cost of occupational injuries, illnesses, and fatalities.
Upcoming Meeting of the National Advisory Committee on Occupational Safety and Health
NACOSH is a continuing advisory committee established under the OSH Act of 1970 that has advised the Secretaries of Labor, and Health and Human Services for nearly 40 years on worker safety and health issues.
The tentative agenda includes remarks from the Assistant Secretary of Labor for Occupational Safety and Health and the Director for the National Institute for Occupational Safety and Health; Work Group reports; and discussions on electronic health records and prevention through design.
The Injury and Illness Prevention Programs and the Recordkeeping Work Groups will meet December 14 from 9:00 am to noon, and report back to the full committee on the December 15. NIOSH officials will also make presentations to the committee on the afternoon of December 14. Official presentations from Assistant Secretary Dr. David Michaels and NIOSH will be made when the full committee meets on December 15, from 9:00 am to 4:30 pm. Committee and Work Group meetings will be held in Room S-4215 A/B/C, US Department of Labor, 200 Constitution Avenue, N.W., Washington, DC 20210.
Individuals interested in submitting comments or requests to speak may do so electronically at http://www.regulations.gov, the Federal eRulemaking Portal. Submissions may also be made via mail or facsimile. See the Federal Register notice for details. Comments and requests to speak must be submitted by December 7.
OSHA Meeting of the Advisory Committee on Construction Safety and Health with Membership Nominations being Accepted
The agency is also accepting nominations to serve on the committee.
ACCSH, established under the Contract Work Hours and Safety Standards Act and the Occupational Safety and Health Act of 1970, advises the Secretary of Labor and Assistant Secretary of Labor for Occupational Safety and Health on construction standards and policy matters.
ACCSH meetings will be held in Room N-3437 A-C, US Department of Labor, 200 Constitution Ave., N.W., Washington, DC 20210. The agenda includes an update on OSHA’s construction enforcement and outreach efforts, rulemaking projects, a presentation from the Seattle Tunnel and Rail Team (START); ACCSH’s consideration of, and recommendations on a direct final rule/proposed rule to update personal protective equipment standards on head protection for construction work and a proposed rule on Standards Improvement Project (SIP) IV; and a presentation from the Office Engineering Services on sewage treatment plant failure.
The full committee will meet 8:00 am to 4:00 pm, December 15, and 8:00 am to noon, December 16. Work Groups will meet December 13–14. The following ACCSH Work Groups will meet on December 13, 2011: Backing Operations, 10:10 am to 12:10 pm; Prevention through Design, 1:00 pm to 3:00 pm and; Construction Health Hazard 3:10 pm to 5:10 pm. Work Groups meeting on December 14, 2011 include: Reinforced Concrete in Construction, 8:00 to 10:00 am; Injury and Illness Prevention Programs, 10:10 am to 12:10 pm; and Multilingual Issues, Diversity, Women in Construction, 1:00 pm to 3:00 pm.
OSHA Cites Meat Processing Plant for Exposing Workers to Falls and Other Workplace Hazards
OSHA has cited Sigma Processed Meats Inc., for 16 serious and three repeat violations following an inspection that found workers were exposed to fall and other hazards at the company’s processing plant in Seminole, Oklahoma. Proposed penalties total $204,800.
OSHA’s Oklahoma City Area Office began its investigation June 1 at the company’s plant after receiving a complaint. Serious violations include failing to provide guardrails as fall protection for employees working on elevated walking/working surfaces, provide an adequate emergency action plan, provide personal protective equipment such as goggles or face shields, train employees on the use of hazardous chemicals and address hazards created by deficiencies in the company’s process safety management system for anhydrous ammonia. Anhydrous ammonia is used for the refrigeration system. 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.
The repeat violations include failing to develop and implement a lockout/tagout program for isolation of energy sources as well as to provide training for employees on the use of lockout/tagout devices. 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.
“Failure to effectively implement OSHA’s safety and health regulations to protect workers from potential hazards could lead to serious injury or death. OSHA will not tolerate such negligence,” said David Bates, OSHA’s area director in Oklahoma City.
Sigma Processed Meats employs about 160 workers at the Seminole plant, which produces cold cut meats, cheese, creams, and frozen foods.
Atlanta Roofing Contractor Cited for Exposing Workers to Fall Hazards
OSHA has cited Midsouth Steel Inc., of Atlanta, Georgia, for four safety violations following an inspection that found workers exposed to fall hazards while performing roofing work on Roosevelt Highway in Union City, Georgia. Proposed penalties total $184,800.
OSHA initiated the inspection as part of a local emphasis program protecting workers in the construction industry from falls. Midsouth Steel, a general contractor performing steel fabrication and roof decking, had been contracted by MBA Waste Service of Atlanta to build a 44,000-square-foot recycling facility in Union City.
Three willful violations with $184,800 in fines were cited for exposing workers to fall hazards by allowing them to work at heights of 35 feet in an aerial lift without requiring the use of fall protection, exceeding an aerial lift’s load capacity, and failing to provide fall protection for employees working on a steep pitched roof. 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, one other-than-serious violation with no monetary penalty was cited for failing to provide certification that the site supervisor received proper forklift operator training and evaluation. 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.
“Management knowingly exposed its workers to fall hazards because they were more concerned with completing the job faster than providing a safe work site,” said Andre C. Richards, director of OSHA’s Atlanta-West Area Office. “It is the employer’s responsibility to ensure that workers are safe on the job.”
OSHA has placed Midsouth Steel in its Severe Violator Enforcement Program, which mandates targeted follow-up inspections to ensure compliance with the law. Initiated in June 2010, the program focuses on recalcitrant employers that endanger workers by committing, repeat or failure-to-abate violations.
OSHA cites C.O. Grain for Exposing Workers to Safety Hazards During Grain Bin Entry; Proposed fines Total $132,000
OSHA cited C.O. Grain Inc., a grain storage facility in Atkinson, Nebraska, with 16 safety violations for exposing workers to a variety of hazards during grain bin entry. OSHA initiated its inspection under a local emphasis program targeting grain-handling establishments. Proposed penalties total $132,000.
“Hazards associated with grain handling are well-recognized within the grain industry and must be addressed,” said Charles E. Adkins, OSHA’s regional administrator in Kansas City, Missouri. “C.O. Grain failed to provide its employees with a safe and healthful environment.”
Three willful violations, with $84,000 in penalties, address hazards associated with a failure to lock out the energy sources of mechanical equipment during bin entry; a failure to test air quality prior to bin entry; and a lack of rescue equipment for employees making bin entries.
Twelve serious violations, with $48,000 in penalties, involve additional hazards associated with bin entry, fixed ladder use and design, the use of respiratory protection, unguarded pulleys and belts, and hazard communications.
One other-than-serious violation with no monetary penalty involves the company’s failure to maintain certification records on maintenance inspections.
Local emphasis programs are enforcement strategies designed and implemented at the regional office and/or area office levels. These programs are intended to address hazards or industries that pose a particular risk to workers in the office’s jurisdiction, and they are accompanied by outreach to area employers. OSHA’s grain bin local emphasis program addresses specific recognized hazards in grain handling such as falls, electrocution, engulfment, auger entanglement, “struck by” dangers, and combustible dust explosions.
OSHA has fined grain operators in Wisconsin, Illinois, Colorado, South Dakota, Ohio, and Nebraska following preventable fatalities and injuries. In addition to OSHA’s enforcement actions and training, Assistant Secretary Dr. David Michaels sent a notification letter in August 2010 and another in February 2011 to grain elevator operators warning them of proper safety precautions.
OSHA Proposes $125,000 in Fines for Briggs & Stratton Plant
OSHA has cited Briggs & Stratton Power Products Group LLC, for alleged repeat and serious violations of workplace safety standards at its Munnsville, New York, manufacturing plant. The lawnmower manufacturer faces a total of $125,000 in proposed penalties, chiefly for mechanical, electrical, and fall hazards identified during an inspection begun in June by OSHA’s Syracuse Area Office.
“The sizable fines proposed in this case reflect both the gravity of these hazards and the fact that several are substantially similar to conditions cited in an earlier OSHA inspection,” said Christopher Adams, OSHA’s area director for central New York. “It’s imperative that this employer not only corrects these latest hazards but also takes effective steps to ensure that they are corrected once and for all.”
OSHA found several recurring hazards similar to those cited during a 2007 inspection of the same location, including unguarded rotating parts and points of operation on machinery, open-sided floors lacking railings or guarding to prevent falls, and a lack of electrical grounding. These conditions resulted in citations for five repeat violations, with $95,000 in proposed fines.
Additionally, this latest inspection identified electrical and machine guarding hazards, inadequate training to ensure that machines are de-energized and their power sources are locked out to prevent unintended startup during maintenance, defects with lifting chains and slings, unguarded floor holes, and uninspected overhead hoists and hook devices. These conditions resulted in citations for eight serious violations, with $30,000 in fines.
“An important means of preventing initial and recurring workplace hazards is for employers to implement effective illness and injury prevention programs in which they work with their employees to identify and eliminate hazards,” said Robert Kulick, OSHA’s regional administrator in New York.
Briggs & Stratton Power Products Group LLC, is a subsidiary of Wauwatosa, Wisconsin-based Briggs & Stratton Corp.
OSHA Proposes More than $122,000 in Fines to Wood-Mode Inc for Workplace Safety and Health Hazards
OSHA has cited Wood-Mode Inc., for exposing workers to safety and health hazards at its Kreamer, Pennsylvania, facility. OSHA initiated an inspection as part of the agency’s National Emphasis Program on Amputations that found one repeat, 25 serious, and four other-than-serious violations. Proposed penalties total $122,200.
Each of these hazards puts the workers at this facility at risk of serious injury and possible death,” said Mark Stelmack, director of OSHA’s Wilkes-Barre Area Office. “Employers need to be proactive in identifying and correcting hazardous conditions, rather than waiting for an OSHA inspection to occur.”
The repeat violation, with a $38,500 penalty, reflected the company’s failure to use a standard railing to protect workers positioned at the edge of a roof approximately 19 feet above the ground. The company was cited for the same violation at the Kreamer facility in August 2010.
The serious violations, with $83,700 in penalties, involve unguarded floor and wall openings; improperly maintained emergency exits; a lack of personal protective equipment; improper machine guarding; improper energy control procedures; poor welding practices, including the use of damaged equipment; exposed electrical wiring; and a lack of respirator fit-testing and training for employees.
The other-than-serious violations, with no monetary penalties, were cited for failing to provide a hazard communications plan and a lack of respiratory protection.
Wood-Mode Inc., which manufactures and installs kitchen cabinets, employs about 1,190 workers at the Kreamer site.
OSHA Cites Northern Steel Castings for Exposing Workers to Respiratory Hazards
OSHA has cited Northern Steel Castings Inc., for two safety and four health violations at its Wisconsin Rapids, Wisconsin, carbon steel foundry, including for overexposing workers to crystalline silica, a known respiratory hazard. Proposed fines total $95,480.
“Exposing workers to a known hazardous substance, such as crystalline silica, beyond OSHA’s permissible exposure limit is unacceptable,” said Kim Stille, OSHA’s area director in Madison. “Employers have a responsibility to monitor workers’ exposure to known hazards in their industries, and to ensure that work environments are healthful and safe.”
OSHA initiated the inspection after receiving a complaint alleging overexposure to crystalline silica, a basic component of soil, sand, granite, and other minerals. When workers chip, cut, drill, or grind objects that contain silica, small particles can be created that are respirable. Breathing crystalline silica dust can cause silicosis, an incurable condition that reduces the ability of lungs to take in oxygen. OSHA’s inspection confirmed that workers were overexposed to crystalline silica and one willful safety violation was cited.
Northern Steel Castings also was cited for two repeat health violations for allowing workers to be overexposed to iron oxide and copper fumes in the foundry, and for exposing employees to fire hazards when welding inside plywood booths. The company was cited for these violations in 2006.
Additionally, three serious health violations were cited for failing to keep eating surfaces free from contamination by hexavalent chromium, failing to provide ventilation when welding, and for failing to provide adequate emergency exits.
Northern Steel Castings had been inspected by OSHA 24 times prior to this inspection and was cited for overexposure to silica six other times.
OSHA Proposes $72,900 in Fines for Painting Contractor after Employee Overcome by Paint Vapors Inside Confined Space
An East Boston, Massachusetts, painting contractor faces a total of $72,900 in proposed fines from OSHA after one of its employees lost consciousness while working in a confined space. AMEX Inc., was cited for 13 alleged violations of workplace safety standards after the May 26 incident at the Senesco Marine LLC, shipyard in North Kingstown, Rhode Island.
The employee was overcome by paint vapors while spray painting inside a tugboat and was subsequently rescued by the North Kingstown Fire Department. The work area was a confined space and the inspection by OSHA’s Providence Area Office found that Amex failed to institute and follow all required precautions for confined space work.
“This could very easily have been a fatality,” said Patrick Griffin, OSHA’s Rhode Island area director. “Confined spaces are characterized by toxic, oxygen-deficient or flammable atmospheres that can be deadly for employees working in those spaces. No worker should ever enter a confined space until the atmosphere has been tested, proper respiratory protection is supplied and used, and adequate rescue procedures are in place.”
Specifically, OSHA found that AMEX did not adequately check for hazardous conditions inside the confined space, did not test the atmosphere for toxic or flammable vapors before the worker entered, and did not provide confined space training for employees entering the space. In addition, the contractor failed to supply the workers with the proper respiratory protection, appropriate respirator fit-testing, and intrinsically safe ventilation equipment.
As a result of these conditions, OSHA cited 12 serious violations, carrying $72,000 in proposed fines. One other-than-serious violation, with a $900 fine, was cited for an incomplete illness and injury log.
AMEX Inc., has 15 business days from receipt of its citations and proposed penalties to comply, meet with OSHA’s area director or contest the findings before the independent Occupational Safety and Health Review Commission.
OSHA Cites Shipyard for Repeat and Serious Safety Hazards, Proposes More than $62,000 in Fines
OSHA has cited Senesco Marine LLC, for alleged serious and repeat violations of workplace safety standards. The North Kingstown, Rhode Island, shipyard faces a total of $62,700 in proposed fines following an inspection conducted under OSHA’s Site-Specific Targeting Program, which directs inspections toward workplaces with a rate of workdays lost due to injuries and illnesses that is higher than the industry average.
The inspection by OSHA’s Providence Area Office identified a variety of mechanical, electrical, and exit hazards at the shipyard. These included a locked emergency exit, an inadequately guarded grinder, an ungrounded electrical cord, the lack of an emergency eyewash, an unattended powered industrial truck left with its motor running and its brake not secured, and a failure to provide annual respirator fit-testing for all members of the company’s emergency response team. As a result of these conditions, OSHA issued citations to Senesco Marine for eight serious violations, carrying $35,200 in proposed fines.
The shipyard also was cited for one repeat violation, with a fine of $27,500, for unguarded points of operation on a press brake and an ironworker machine. OSHA cited similar hazards at the shipyard following a 2007 inspection.
“Left uncorrected, these conditions expose workers to potential crushing and ‘struck-by’ injuries, lacerations, amputations, electric shock and being unable to exit the workplace swiftly in the event of a fire or other emergency,” said Patrick Griffin, OSHA’s Rhode Island area director. “For the safety and health of its employees, this employer needs to correct these hazards and take effective steps to ensure that they do not occur again.”
OSHA Cites Igor Jerema Construction for Safety Violations after Worker Dies from Scaffold Fall
OSHA has cited Igor Jerema Construction Co., in Buffalo Grove, Illinois, for four willful safety violations after a worker applying stucco at a home under construction in Burr Ridge, Illinois, fell off a scaffold and sustained a fatal head injury in May.
“Falls are the leading cause of death in the construction industry and failing to ensure workers use fall protection when required is unacceptable,” said Gary Anderson, director of OSHA’s Calumet City Area Office. “OSHA is committed to protecting workers, especially when employers fail to do so.”
Igor Jerema Construction has been cited for failing to provide fall protection for employees working from scaffolding at levels more than 10 feet high, erect scaffold supports on a firm foundation, provide a ladder as a point of access for workers on the scaffold, and fully plank platforms on working levels of the scaffold.
Proposed penalties against Igor Jerema Construction total $50,000.
Drilling Company Fined After Worker Electrocuted
OSHA has cited Houston, Texas-based oil and gas drilling contractor Nabors Drilling USA LP, for two alleged workplace safety violations after a worker was electrocuted at a Williston, North Dakota, jobsite in May.
“In this case, the employer failed to adhere to well-known safe electrical practices, which resulted in the electrocution of an employee,” said Tom Deutscher, OSHA’s area director in Bismarck, North Dakota. “The extremely hazardous nature of oil and gas operations requires that employers take an aggressive and comprehensive stance toward workplace safety.”
OSHA has cited the company for one repeat safety violation for failing to ensure flexible cords and cables were protected from damage. The employer was cited for similar violations in 2008.
The company also has been cited for one serious violation for failing to ensure electrical equipment remained free from recognized hazards.
Proposed penalties total $45,500. Nabors Drilling has 15 business days from receipt of the citations and penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission.
US Labor Department cites Waymar Construction Co. for Child Labor and Safety Violations after 16-year-old Injured on Job Site
The US Department of Labor has cited Waymar Construction LLC, in Shelby, Ohio, for child labor and safety violations after a 16-year-old worker suffered cranial trauma and fractures from falling off a scissor lift during roofing operations at a Sandusky, Ohio, job site on May 23.
The Labor Department’s Wage and Hour Division has assessed civil money penalties of $30,350 for allowing a minor to operate a hoisting device and perform roofing work in violation of the Fair Labor Standards Act’s (FLSA) child labor provisions.
“It is unacceptable to put minors at risk by employing them to perform hazardous tasks,” said George Victory, district director of the Wage and Hour Division in Columbus. “Ensuring the health and safety of young workers is a priority for the Labor Department. Employers that fail to follow this law can face severe penalties.”
The division found that Waymar Construction violated the FLSA’s child labor standards by employing a worker less than 18 years old to perform hazardous jobs prohibited by the act. The FLSA establishes a minimum age of 18 for certain nonagricultural occupations that the secretary of labor finds and declares to be particularly hazardous for, or detrimental to the health and well-being of, 16- and 17-year-old workers.
Waymar Construction also was found to be in violation of the overtime provisions of the FLSA, for paying workers “straight time” wages for hours worked over 40 in a week. The FLSA requires that covered employees be paid at least the federal minimum wage for all hours worked, plus time and one-half their regular hourly rates of pay, including commissions, bonuses, and incentive pay, for hours worked beyond 40 per week.
Additionally, OSHA cited the company for one willful safety violation for failing to ensure workers were protected from fall hazards and one serious safety violation for failing to provide fall protection training. Proposed penalties for these violations total $20,020.
“Failing to provide fall protection for any employee is unacceptable and a clear violation of OSHA safety standards,” said Kim Nelson, OSHA’s area director in Toledo. “OSHA is committed to protecting the welfare of our nation’s workers, especially when employers fail to do so.”
OSHA Sues RockTenn Corp. for Violating Whistleblower Protection Provisions in Florida
OSHA has sued RockTenn Corp., for an alleged violation of the whistleblower provisions of Section 11(c) of the Occupational Safety and Health Act at its Fernandina Beach, Florida, plant, formerly owned by Smurfit-Stone Container Corp. The lawsuit alleges that management retaliated against an employee for raising safety concerns to company management.
The department’s lawsuit, filed in the US District Court for the Middle District of Florida, Jacksonville Division, asks the court to issue an order with remedies that include reinstating full benefits to the employee as well as paying back wages, punitive and compensatory damages; expunging the employee’s personnel records with respect to the matters at issue in this case; and granting any other appropriate relief. The suit also requests a permanent injunction against future violations of this law by the employer.
“Employees have the congressionally-mandated right to engage in safety-related matters at their workplace, including participating in accident investigations and contacting OSHA at any time,” said Teresa Harrison, OSHA’s acting regional administrator in Atlanta, Georgia. “We will hold employers accountable for limiting or deterring any employee who exercises these rights.”
The employee filed a timely whistleblower complaint with OSHA, which conducted an investigation and found that the employee had repeatedly raised safety concerns with Smurfit-Stone Container managers. On June 1, 2009, the employee called the local OSHA office and relayed his continued concerns. The employee was suspended on June 18 and then was terminated on June 23 for allegedly giving inaccurate and untruthful testimony during an internal investigation. OSHA concluded that the company had unlawfully and intentionally terminated the worker’s employment for engaging in activity protected by the OSH Act.
Although the employee has been reinstated to the former position by an arbitrator following the filing of a union grievance, the Labor Department filed its suit to fully restore losses that occurred to the employee during the time of separation from the company, which was a period of 22 months.
RockTenn Corp., is a consumer packaging manufacturer based in Norcross, Georgia. RockTenn bought Smurfit-Stone Container Corp., in May 2011. OSHA is represented in federal district court by the Labor Department’s Office of the Solicitor.
OSHA enforces the whistleblower provisions of the OSH Act and 20 other statutes protecting employees who report reasonably perceived violations of various workplace, commercial motor vehicle, airline, nuclear, pipeline, environmental, railroad, public transportation, maritime, consumer product, health care reform, corporate securities, food safety, and consumer financial reform regulations.
Employees who believe that they have been retaliated against for engaging in protected conduct may file a complaint with the secretary of labor for an investigation by OSHA’s Whistleblower Protection Program.
OSHA Files Whistleblower Lawsuit against Animal Shelter for Improperly Firing Employee
OSHA has filed a lawsuit against the Angels With Paws animal shelter in Lakewood, Colorado, on behalf of an employee who was terminated in violation of the whistleblower provisions of the Occupational Safety and Health Act.
The employee had complained about safety and health hazards to the animal shelter’s management before filing a formal complaint about the hazards with OSHA. The employee was later discharged and then filed a whistleblower complaint with OSHA alleging retaliation by the defendants in violation of Section 11(c) of the OSH Act. OSHA’s Whistleblower Protection Program conducted an investigation and determined the former employee’s allegations had merit.
Filed in the US District Court for the District of Colorado, the complaint seeks to reinstate the employee, secure compensatory damages and lost back pay, and require the company to post a notice in a prominent place at the work site for 60 days that explains employee rights under Section 11(c) of the OSH Act.
US Department of Labor Reaches Settlement with The Renaissance Project Regarding OSHA Workplace Violence Citation
The US Department of Labor has reached a settlement agreement with The Renaissance Project Inc., that resolves litigation stemming from citations and penalties issued to the Ellenville, New York, substance abuse treatment facility by OSHA. The settlement affirms the citations and also commits the facility to taking steps to better safeguard its employees against workplace violence.
“Workplace violence is a serious, recognized occupational hazard, ranking among the top four causes of death in workplaces during the past 15 years, according to the Bureau of Labor Statistics,” said Robert Kulick, OSHA’s regional administrator in New York. “Violent incidents can be avoided or decreased if employers take appropriate precautions to protect their workers.”
In April, OSHA’s Albany Area Office cited The Renaissance Project for a serious violation of the agency’s “general duty clause” for failing to provide a workplace free from recognized hazards likely to cause serious injury or death because the employer had not developed and implemented adequate safeguards against workplace violence for its employees. This followed an October 2010 incident in which an untrained security guard, working alone, was fatally stabbed by a client.
Under the settlement, in addition to correcting the conditions cited as a result of OSHA’s inspection, The Renaissance Project has agreed to institute a number of measures that OSHA believes will eliminate or materially reduce similar incidents of workplace violence from occurring in the future.
“The Renaissance Project pledges to enact effective safeguards to prevent and minimize the possibility of its employees being killed or injured in the performance of their duties,” said Edward Jerome, OSHA’s area director in Albany. “We fully expect this employer to follow through on this vital commitment.”
The additional steps agreed to by The Renaissance Project include:
- Creating a written workplace violence prevention program similar to those in place at comparable state-run facilities that includes implementation of workplace controls and prevention strategies, hazard/threat/security assessments, incident reporting and investigation, and periodic review of the prevention program.
- Establishing a system to identify clients with assaultive behavior problems and train all staff to understand the system used.
- Ensuring adequate staffing levels at the facility at all times.
- Conducting more extensive training so that all employees are aware of the facility’s workplace violence policy, as well as how to respond during a workplace violence incident, recognize when individuals are exhibiting aggressive behavior and de-escalate the behavior.
- Conducting regular site-specific workplace violence hazard analyses to identify and address any workplace violence hazards identified.
Earlier this year, OSHA launched a new Web page on Preventing Workplace Violence, and has published several guidance documents including “Guidelines for Preventing Workplace Violence for Health Care and Social Service Workers” and “Recommendations for Workplace Violence Prevention Programs in Late-Night Retail Establishments.”
As part of the settlement agreement, The Renaissance Project also has agreed to correct other conditions relating to hazard communication and bloodborne pathogens that were cited as a result of OSHA’s inspection, and to pay fines of $17,290 for all of the violations. The case was litigated for OSHA by Attorney Andrew Karonis of the department’s Office of the Regional Solicitor in New York.
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