Since January 2012, 34 North Dakota workers in the oil and gas and construction industries have died because of work-related injuries. During that period, their deaths accounted for 87% of all North Dakota fatalities investigated by OSHA. OSHA launched an enforcement emphasis program this month to address continued concerns about worker safety in these North Dakota industries that temporarily brings in additional investigators from throughout the United States to increase OSHA's field presence in North Dakota.
"These industries are inherently dangerous, and workers are exposed to multiple hazards every day. Their safety must not be compromised because demand for production keeps increasing," said Eric Brooks, OSHA's area director in Bismarck. "Workers are coming to these growing industries to find jobs, not catastrophic injury and preventable death. These employers have a legal responsibility to protect every employee that works for them."
Of the 34 fatalities since 2012, 21 workers died while working on and servicing drilling rigs or conducting production support operations in the oil and gas industry. Workers are exposed daily to serious hazards, such as fires, explosions, and equipment-related dangers.
OSHA has had a local emphasis program for the oil and gas industry for the last three years, which outlines hazards and allows for increased enforcement. The enforcement program includes chemical sampling of fracking and tank gauging operations to test for atmospheric hazards, violations found in recent inspections.
OSHA has also participated in outreach events with oil and gas employers, including a multistate stand-down with the Montana-North Dakota chapter of the National Service, Transmission, Exploration, and Production Safety Network in which more than 160 employers and 1,000 workers voluntarily ceased operations for one day to discuss hazards and effective means to address them.
"Since we started the original emphasis program, we have seen improvement in North Dakota's oil fields, and the fatality rate has decreased. But no death is ever acceptable, and these industries are still hazardous for North Dakota's workers," Brooks said. "OSHA will continue to use its full enforcement authority-along with these new outreach efforts-to achieve the goal of every worker going home safely each day to their loved ones."
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?
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.
Greensboro RCRA and DOT Training
Dallas RCRA and DOT Training
Birmingham RCRA and DOT Training
US Industrial Safety Lags Far Behind Developed World
In certain key sectors, such as petrochemicals, aging US refineries are become more dangerous with each passing month.
The combined losses from the fires, explosions, and spills regularly plaguing US chemical plants takes a proportionately greater toll than in the rest of the world. For example, the reinsurance giant, Swiss Re, concludes that the sum of all reinsurance losses in refining, petrochemical processing and gas processing industry in the US is approximately three times that of the comparably sized sector in the European Union (EU), with the rest of the world similar to the EU cluster.
Beyond economic losses, the toll on American workers is also higher. A study entitled “Occupational Fatality Risks in the United States and the United Kingdom” published earlier this year in the American Journal of Industrial Medicine found the fatality rate of US workers approximately three times that of workers in the U.K. American worker deaths from chemical exposure were more than 10 times higher than their U.K. counterparts; death by fire nearly 5 times and by explosion nearly 4 times as likely.
Rather than improving, some key US industrial sectors are declining. For example, a recent review of refinery safety in California concluded:
“With some exceptions, other countries that refine oil have experienced a decline in major refinery incidents over the last decade, whereas the US appears to be following the opposite trajectory.”
“America is on a trajectory toward Third World industrial safety,” stated PEER Executive Director Jeff Ruch. “Just as our bridges, highways, and other public infrastructure require reinvestment so do our industrial plants if we are to avoid the damage and dysfunction driven by a crumbling core.”
Perhaps the paradigm case is Chevron’s refinery in Richmond, California. In August 2012, a steel pipeline sprung a leak, which gasified into a plume and then ignited, creating a chemical cloud that forced 15,000 residents to seek medical care. The leak was caused by sulfidation corrosion from the sulfur in petroleum. There was a similar leak at the same refinery just a week prior; Chevron had four such leaks in its other refineries that year. Moreover, nearly 95% of the 144 US refineries were built before 1985 and have similarly vulnerable steel piping. The same year as the Richmond accident, there were 45 other corrosive leaks. This becomes even more concerning as the sulfur content in US oil sent to refineries rises.
Yet, no new safeguards have been adopted. A recommendation by the Chair of the US Chemical Safety and Hazard Investigation Board calling for a preventive rather than reactive approach to chemical plants, requiring inherently safer design similar to the approaches taken in U.K., Australia, and Norway, has been stymied by opposition. Indeed, every one of the very few major industrial safety proposals coming out of the Obama administration has been stillborn.
“By standing pat on industrial safety, the US is actually falling further behind,” Ruch added. “Without regulation requiring safer systems, plant operators do not have a sufficient economic incentive to invest because the real costs are borne by sacrificial workers and sickened communities.”
CSB Investigation Finds No Record of Inspections on Freedom Industries Chemical Storage Tanks
Informal inspections may have occurred, preliminary findings indicate, but investigators have found a lack of appropriate engineering inspections with prescribed frequency and rigor of inspections.
The CSB commissioned an inspection of tank 396 and similar tanks at Freedom Industries, scanning the tank interior and the surrounding topography of the riverbank. Investigators oversaw the recent extraction of metal for metallurgical analysis.
Furthermore, the CSB inspection found a similar hole penetrating the bottom of nearby tank 397, containing the same chemical at the facility, located in Charleston. Other tanks also showed multiple signs of pitting and metallurgical damage, investigators said. The growing corrosion in these tanks went unnoticed until the bottom of 396 was breached and up to an estimated 10,000 gallons of the chemical 4-methylcyclohexane methanol (MCHM), mixed with propylene glycol phenyl ethers, or PPH, made their way through the underlying mixture of soil and gravel under the facility and into the Elk River on January 9, 2014.
Investigator Lucy Tyler said, “While our investigation is still underway, it has become clear that Freedom Industries did not have a rigorous inspection program for these chemical storage tanks sited close by the Elk River and just upstream from the facility supplying water to hundreds of thousands of people.”
The update on the Freedom Industries accident was presented by investigators at a mid-day CSB public meeting in Charleston, called to release the same team’s final report and recommendations on the combustible dust explosion and fire that killed three workers in 2010 at AL Solutions, Inc., a company that processes titanium and zirconium scrap metal.
CSB Chairperson Rafael Moure-Eraso said, “An underlying root cause of many of our investigations, including these latest two in West Virginia, is the lack of thorough inspections and hazard reviews, and the need for stricter regulations in areas where we find self-policing is not preventing accidents. The Board looks forward to the team’s final report which will examine regulatory oversight of aboveground storage tanks in West Virginia and the US.”
The CSB released video of the tank dismantling activity in which high-pressure water tools cut through the metal at various places, and extracted pieces for analysis. CSB Investigation Supervisor Johnnie Banks, who oversaw the activity, said, “I am confident the forensic data we will obtain will enable us to determine the exact cause of the corrosion and, we hope, determine how long it had been going on.”
Mr. Banks added, “We are also trying to pin down the installation dates for the tanks to review their manufacturing and service history. Whatever the governing regulations, and whatever the precise failure mechanism, companies have a responsibility to operate in a safe manner. Not inspecting corrodible steel aboveground storage tanks proved to be an accident waiting to happen.”
At their public presentation, investigators noted that the West Virginia America Water Company water treatment center, 1.5 miles downstream from Freedom Industries, serves 580,000 people in the state, including industrial and residential clients. Investigators noted the state’s Department of Environmental Protection identified the MCHM release at 11:15 a.m., but that the water company did not notify the public of the “Do Not Use” order until more than five hours after it became aware of the chemical release.
The West Virginia governor issued a state of emergency order that evening at 9:30 p.m. On January 10, 2014, the president declared that an emergency existed in West Virginia and announced federal assistance.
Investigators noted that the public continues to distrust declarations that the water is safe to drink. While there is some information available on the acute effects of MCHM and PPH, little is known about the chronic health impacts of exposure at low concentration levels. The chemical’s material safety data sheets (MSDSs), required by law, do not provide information on the potential health hazards to assist in the timely notification of water usage restrictions.
However, the CSB presentation cited data from the state’s Bureau of Public Health and the federal Centers for Disease Control, noting 369 patients were treated for possible exposure following the release into the drinking water, and 13 were hospitalized. Of these, 38% exhibited symptoms of nausea, 28.5% skin rashes, and 28% vomiting. Reported symptoms are consistent with known acute health effects of MCHM based on limited animal studies.
Chairperson Moure-Eraso noted the CSB investigation is moving along quickly and is a high priority of the agency. “Upcoming activities include the metallurgical examination of the MCHM tanks, computer modeling of the way in which the MCHM and PPH moved through the topography to the river shore, further assessment of public health impact, regulation of aboveground storage tanks, evaluation of water treatment intake systems and emergency planning and notification. This accident was a disaster of the highest magnitude, was preventable, and must be averted in any other community.”
Final Report on AL Solutions Metal Dust Explosion and Fire that Killed Three in West Virginia Leads CSB to Reemphasize Call for OSHA Combustible Dust Standard
The report reiterates a recommendation that OSHA promulgate a general industry combustible dust standard, something the agency has been calling for since its definitive 2006 study on these preventable accidents.
The December 9, 2010, accident at the facility that milled and processed scrap titanium and zirconium metal killed three employees and injured a contractor. The incident is one of nine serious combustible dust incidents investigated by the CSB since 2003. These explosions and fires caused 36 deaths and 128 injuries.
Chairperson Rafael Moure-Eraso said, “Preventable combustible dust explosions continue to occur, causing worker deaths and injuries. The CSB believes it is imperative for OSHA to issue a comprehensive combustible dust standard for general industry with clear control requirements to prevent dust fires and explosions.”
The CSB investigation determined that AL Solutions experienced a history of fatal dust fires and explosions. Investigator Mark Wingard explained, “The CSB learned that the AL Solutions facility had fatal fires and explosions involving metal dust in 1995 and 2006 in addition to the 2010 explosion. Also, from 1993 until the accident in 2010, there were at least seven fires that required responses from the local fire department.”
The video includes a 3D computer generated animation which shows how the accident unfolded at the plant.
In presenting the findings of the case study, CSB Lead Investigator Johnnie Banks explained, “As the metals were broken down during milling, the risk of a metal dust fire or explosion increased as the metal particles decreased in size. At AL Solutions a metal blender used to process zirconium was having mechanical problems that had not been adequately repaired. As a result, the blender was producing heat or sparks due to metal-to-metal contact.”
Around 1:20 pm on December 9, 2010, a spark or hot-spot from the blender likely ignited the zirconium powder inside. The resulting flash fire lofted the metal dust particles in the blender, forming a burning metal dust cloud.
The cloud ignited other combustible dust within the production building, causing a secondary explosion that ripped through the plant, killing three workers and injuring a contract employee.
Investigator Mark Wingard said, “The National Fire Protection Association Standard for Combustible Metals, called NFPA 484, recommends specific practices for controlling metal dust, but AL Solutions did not voluntarily follow those guidelines, and there are no federal OSHA standards to enforce similar requirements. In its 2006 Combustible Dust Hazard Study, the CSB recommended that OSHA issue a combustible dust standard for general industry based on the current NFPA guidelines.”
The CSB’s report and video encourage industry to take action to prevent combustible dust incidents. In July 2013, the CSB identified its 2006 recommendation to develop a combustible dust standard as the first issue in its “Most Wanted Chemical Safety Improvement” outreach program.
. The time is now for OSHA to take action to prevent these tragic accidents.”
Formed Fiber Technologies Falsifies Documents, Exposes Workers to Hazards, Fined $816,500
"Formed Fiber Technologies apparently decided that production was more important than ensuring its workers’ safety. They provided false abatement documentation to OSHA. They knew how hazardous these machines were without proper safeguards and also knew exactly how to fix those hazards," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "OSHA will not tolerate such blatant disregard for worker safety."
OSHA’s January follow-up inspection found that abatement documentation Formed Fiber provided to OSHA in December 2013 was false and that employees had been exposed to unguarded machines and unsafe maintenance procedures well after the employer’s abatement claims.
Nine willful citations were issued for failing to prevent the start up of multiple hydraulic thermoforming presses, laminator machines, and robot cells while workers were performing set-up, service, and maintenance inside the machines. The company also failed to develop proper lockout/tag out procedures and encouraged workers to use unsafe methods to stop machines for maintenance. 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.
Four repeat violations cited also involve failing to train workers on how to properly stop machines before service and maintenance, which continuously exposed machine operators to laceration, amputation, burns, and having parts of the machine strike or crush them. The company failed to have identifying information on devices to indicate hazards.
A repeat violation exists when an employer has been previously 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 previously cited Formed Fiber Technologies in October 2013 for 11 violations, many involving the same standards. The company entered into a settlement agreement that included terms involving the abatement of hazards and paying a penalty of $69,000. Prior to October 2013, the company had been inspected by OSHA 16 times at their facilities nationwide, resulting in 80 violations being cited.
The company, based in Auburn, Maine, manufactures nonwoven fabrics and polyester staple fibers for the automotive industry. It employs 750 workers corporate wide, with 340 at the Sidney facility. Formed Fiber Technologies also operates Color-Fi, Inc., in Sumter, South Carolina.
Sterling Shipyard LP Fined $305,100 for Exposing Workers to Multiple Hazards
When Sterling did not respond to the citations, a follow-up inspection was conducted in January 2014 that revealed Sterling had not corrected several of the hazardous conditions previously cited.
"By failing to abate violations cited from an earlier inspection, Sterling chose to ignore worker safety and expose employees to hazards that could lead to illness, injury or death. OSHA will not tolerate such negligence," said Mark Briggs, OSHA's area director in the Houston South Area Office.
A failure-to-abate notice applies to a condition, hazard, or practice, found upon reinspection, for which the employer was originally cited and was not corrected.
Four repeat violations, with a penalty of $50,400, were cited for failing to equip surfaces 5 feet or higher with guardrails and replace worn and frayed electrical cords.
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.
Midwest Farmers Cooperative Cited after Truck Driver Dies from Exposure to Ammonia Vapor Cloud
Following the death of a truck driver at Midwest Farmers Cooperative's grain handling facility in Tecumseh, OSHA has cited the company for 12 serious safety violations. The driver, who was not provided a respirator or personal protective clothing, was overcome by anhydrous ammonia vapors while transferring the liquid from a semitruck to bulk storage tanks. Exposure to ammonia vapor may cause convulsive coughing, difficult or painful breathing, congestion, and death. The worker later died at the hospital from complications related to the ammonia inhalation. Three other workers were injured.
On March 20, a 250-gallon water-bleeder tank ruptured, releasing anhydrous ammonia into the atmosphere and exposing the 63-year-old driver, who had worked at the facility for more than 10 years, to an ammonia vapor cloud. A second employee of Midwest Farmers Cooperative walked into the cloud and was treated and released from a local medical facility. An employee of Burlington Northern Santa Fe Railroad, who was performing maintenance on the adjacent railroad tracks, and a deputy sheriff responding to the scene, were also exposed, requiring medical evaluation.
"Midwest Farmers Cooperative and other employers using this common farm fertilizer must recognize the hazards their employees face as they transport, store and transfer anhydrous ammonia," said Bonita Winingham, OSHA's area director in Omaha. "With the growing season in full swing, employers must train their workers to handle these chemicals properly and to protect against exposure to ammonia vapors."
The Tecumseh grain-handling facility stores and sells corn, wheat, and soybeans. The facility has an anhydrous ammonia storage capacity of 400,000 lb. The cooperative sells the ammonia to area farmers.
Because of the investigation, OSHA cited Midwest Farmers Cooperative with 12 serious violations. Several violations involved OSHA's Storage and Handling of Anhydrous Ammonia Standards, such as failing to provide an ammonia control system; provide employees with chemically impervious clothing; inspect and maintain ammonia equipment and piping to prevent potential leaks and system failure; and develop and train workers in an emergency response plan. The company was cited for storing the chemical in tanks located within 100 feet of a mainline railroad track.
An OSHA violation is serious if death or serious physical harm could result from a hazard an employer knew or should have known exists.
OSHA has proposed penalties of $62,101.
Greenwood Farmers Cooperative merged with Waverly Farmers Cooperative in January 2014 and operates as Midwest Farmers Cooperative. Before this inspection, the company was previously cited by OSHA twice in 2011, resulting in the issuance of eight citations.
Based in Elmwood, the company has contested the citations and requested a hearing before the independent Occupational Safety and Health Review Commission.
Piqua Champion Foundry Cited for Exposing Workers to Dangerous Silica Dust
Silica exposure can cause silicosis, an irreversible lung disease, and other serious health hazards. Following its January 2014 inspection, OSHA has cited the company for 20—including seven repeat and 13 serious—safety violations carrying proposed penalties of $57,140.
"Occupational exposure to silica dust often occurs as part of common workplace tasks in foundries where operations can result in workers inhaling small crystalline silica particles in the air," said Bill Wilkerson, OSHA's area director in Cincinnati. "Piqua Champion Foundry has a responsibility to give employees the tools and training they need to protect themselves from this debilitating, but common danger. Piqua has repeatedly failed to keep its workers safe, and that is unacceptable."
Most of the repeat citations were issued for failing to meet OSHA's respiratory protection standards. During the inspection, OSHA found that Piqua did not provide medical evaluations for employees using respirators, failed to monitor supplied breathing air for carbon monoxide and did not mark respirators properly that needed new filters. The company was cited for repeatedly failing to develop machine-specific procedures for its electric furnace and mold machines to ensure workers did not face amputation or death when servicing and maintaining machines in use and for not communicating hazards properly during forklift training.
OSHA previously inspected the facility in 2009 and found similar violations.
Serious violations were cited for exposing workers to silica over the permissible exposure limit for a work shift; failure to implement controls to reduce exposure; and to train workers on silica hazards. Inhalation of small crystalline silica particles puts workers at risk for silicosis, lung cancer, chronic obstructive pulmonary disease, and kidney disease. Employers can protect workers from dangerous silica dust by providing engineering controls, respiratory protection, training for workers, and monitoring exposure levels. Citations were also issued for additional violations of OSHA's respiratory protection standards.
OSHA estimates that the proposed rule will save nearly 700 lives and prevent 1,600 new cases of silicosis per year, once the full effect of the rule occurs. Many American families have seen firsthand the tragic result of silicosis.
Morlan Enterprises Fined $52,500 after Workers Expected to Free Climb 195-Foot Tower
Two workers were free climbing, or climbing without safety lines, a 195-foot communication tower under construction without adequate fall protection in Coolville. As a result, Morlan Enterprises has been cited for one willful and eight serious safety violations by OSHA. OSHA has proposed penalties of $52,500.
"Free climbing a communication tower is extremely dangerous, and it was this company's responsibility to ensure appropriate fall protection was provided and used," said Deborah Zubaty, OSHA's area director in Columbus. "Employers and cell tower owners and operators must do everything possible to stop senseless, preventable tragedies in the communication tower industry."
In 2013, 13 workers were fatally injured at communication work sites. The majority of these deaths were a result of falls. OSHA requires employers to provide fall protection equipment, train employees how to use the safety equipment, and ensure that they use it properly and consistently.
Morlan Enterprises was contracted by New Era Broadband Services of Coolville to perform tower construction and antenna installation services at 20 locations in the Meigs County area. The New Era Broadband construction project is being funded by a grant, administered through the US Department of Agriculture-Rural Utilities Service, to bring broadband services to underserved communities in the area.
The willful violation cites the company for failing to ensure workers climbing the tower were using effective and adequate fall protection, including installing a climbing cable to the tower.
Eight serious violations were cited for failing to provide workers with training on fall hazards, provide personal protective equipment, such as shock-absorbing lanyards and hard hats, and requiring workers to purchase their own fall arrest harnesses and other protective equipment.
OSHA is concerned about the alarming increase in preventable injuries and fatalities at communication tower work sites. As a result, OSHA is collaborating with the National Association of Tower Erectors and other industry stakeholders to ensure that every communication tower employer understands how to protect workers performing this high-hazard work.
More fatalities occurred in this industry in 2013 than in the previous two years combined. This disturbing trend appears to be continuing, with seven worker deaths occurring so far in 2014. To prevent these tragic incidents, OSHA has sent a letter to communication tower employers urging compliance and strict adherence to safety standards and common-sense practices. This outreach follows a November 2013 memo to OSHA's compliance officers and regional administrators mandating increased attention, education, and data collection on the industry.
Miami Valley Polishing Exposes Workers to Excessive Noise, Respiratory Hazards
Miami Valley Polishing has been cited for continuing to expose workers to excessive noise levels at its Piqua metal polishing plant following a January 2014 inspection. OSHA previously cited the company in 2013 for the same violation. OSHA has proposed fines of $50,820 for the two repeat and three serious violations cited.
"Miami Valley Polishing continues to struggle with its responsibility to protect the health of its workers," said Bill Wilkerson, OSHA's area director in Cincinnati. "The company failed to establish required engineering controls for dust exposure and to provide hearing tests at least annually to evaluate occupational hearing loss."
During the most recent inspection this year, OSHA's investigation found the company failed to provide six employees with annual hearing tests. Miami Valley Polishing was previously cited for this violation in October 2012.
Another repeat violation included failure to conduct training on chemical labeling. The employer was previously cited for a similar violation in October 2012.
Serious violations of OSHA's respiratory protection standards were found, including overexposing workers to dust and failure to establish a written respiratory protection program for employees using dust mask respirators. The company lacked controls to reduce dust exposure for workers polishing metal parts. Additionally, an energized 120-volt circuit panel had a missing cover, exposing workers to electrical shock hazards.
Interlake Mecalux, Inc. Repeatedly Exposes Workers to Amputation Hazards
For the second time this year, Interlake Mecalux, Inc., has been cited for exposing workers to amputation hazards by failing to have adequate guards on dangerous machinery. OSHA found two repeat and two serious violations following a March 2014 inspection at the company's Pontiac plant.
"Interlake Mecalux continues to put its employees at risk of amputation and death by not correcting known dangers at all locations," said Tom Bielema, OSHA's area director in Peoria. "When a company is cited at one of its locations, it has the responsibility to improve and correct similar violations at all its plants."
OSHA cited Interlake with a repeat violation for failure to provide required machine guarding and protect workers adequately from moving machine parts during servicing and/or maintenance, which is a primary cause of amputations. In 2012, more than 5,000 workers suffered an amputation injury on the job.
A second repeat violation was cited for failing to label containers containing hazardous chemicals properly. The company was also cited for this violation in February 2014. Two serious safety violations were also issued for failing to lock a high-voltage electrical room, so that only qualified people could enter and use an unsafe electrical box.
Maher Industries Cited for Exposing Workers to Lead, Silica, Respirator Hazards
Workers performing abrasive blasting during the renovation of an Easthampton, Conn. mill were overexposed to lead and silica and faced other health hazards due to their employer's failure to supply basic, legally required safeguards. As a result, OSHA cited Maher Industries, doing business as A Fast Blast, for 17 serious violations of workplace health standards.
"The hazards of lead and silica are well-known, and overexposure to them can seriously compromise the long-term health and well-being of workers," said Mary Hoye, OSHA's area director for central and western Massachusetts. "The safeguards to protect workers are well-known to employers who oversee this work. It is their responsibility to ensure that proper and effective protections are used at each job site."
The Naugatuck, Connecticut-based abrasive blasting contractor faces $47,600 in proposed fines, following an inspection opened in April 2014 by OSHA's Springfield Area Office conducted in response to a complaint.
. Feasible engineering or administrative controls to reduce the exposure levels were not in place or in use. The lead exposure hazard was compounded by the lack of a shower facility and protective clothing and eye protection for exposed workers. The company failed to monitor lead exposure levels and allowed employees to consume beverages adjacent to abrasive blasting.
Lead exposure can cause long-term damage to the central nervous, urinary, blood, and reproductive systems. Crystalline silica can cause lung cancer, silicosis, chronic obstructive pulmonary disease, and kidney disease in workers.
Additional risks were posed by several deficiencies involving respirators. Employees were not medically evaluated to determine their fitness to wear respirators nor were they fit-tested to ensure a tight-fitting seal. Respirators were not cleaned and disinfected before and after each use, and the air compressor used to supply air to the respirators lacked a carbon monoxide alarm.
OSHA Cites 8 Employers for Safety Violations Following Death of Worker who Fell 29 Feet
As a result, a worker fell 29 feet to his death at a condominium construction site in Canyon Lake. The proposed penalties total $53,480. OSHA cited The Underwood Group of Cornelia, Georgia, with one willful and one serious violation, with a penalty of $15,600. San Antonio-based MZ Flooring Partners, a painting contractor who employed the now-deceased worker, was cited for two serious violations and a penalty of $8,600.
"The cost of providing fall prevention equipment is nominal compared with the senseless loss of life. Fatalities caused by falls from elevation continue to be a leading cause of death for construction workers, accounting for 269 of the 775 construction fatalities recorded in 2012," said Casey Perkins, OSHA's area director in Austin. "One fall can seriously injure a worker, or in this case, cost a worker his life. Such negligence will not be tolerated."
The remaining six contractors include Longhorn Concrete Co., cited for three serious violations with a $10,080 penalty; Meekins Electric Co., Chabert Plumbing, LLC, Bowers Construction Co., and Luis Guajardo, each cited for two serious violations with a $4,400 penalty; and Cutting Edge Builders, cited for one serious violation with a penalty of $1,600.
An estimated 1 million workers and 25,000 businesses and industry leaders put a halt to their work for one hour during that week to discuss the importance of recognizing fall hazards and implementing fall safety measures.
OSHA to Hold Meeting of National Advisory Committee on Occupational Safety and Health Temporary Workers Workgroup
OSHA has scheduled a meeting of the National Advisory Committee on Occupational Safety and Health's Temporary Workers Workgroup. The meeting will be held July 28, 2014, in Washington, D.C.
The workgroup is meeting to continue its discussion of issues regarding protecting temporary workers and develop recommendations for NACOSH's consideration. The issues include gaps in workplace protection for temporary workers, differences between temporary workers and contract workers and joint responsibility of host employers and staffing agencies.
The meeting will take place 2–4 p.m. ET, Monday, July 28, in Room N-3437A at the US Department of Labor, 200 Constitution Ave., NW, Washington, DC 20210. The meeting is open to the public.
False Charges, Reprisals Against Post Office Worker Prompts Anti-Retaliation Lawsuit
The US Department of Labor has filed a lawsuit against the US Postal Service on behalf of a maintenance employee at the St. Louis Network Distribution Center in Hazelwood, Missouri, who reported unsafe working conditions and suffered reprisals, including false charges of making a terrorist threat.
The lawsuit seeks exemplary damages to deter such conduct by the Postal Service in the future, compensatory damages for emotional distress, restoration of lost pay and benefits and compensation for attorney and other fees. The 35-year employee was suspended and given a termination notice, but has since been reinstated.
"The Postal Service not only disciplined this long-term employee for reporting unsafe working conditions, but also pursued a baseless criminal complaint against him resulting in his detention by law enforcement and the disparagement of his reputation," said Marcia Drumm, acting regional administrator for the Occupational Safety and Health Administration. "No American worker should be subject to such treatment. The department will do everything in its power to prevent this type of unlawful retaliation against workers who report unsafe working conditions."
The department's lawsuit alleges that the employee, who was responsible for heating, ventilation and air conditioning equipment, including the boilers at the distribution center, alerted supervisors on December 2, 2009, that he suspected a carbon monoxide leak and fuel oil spill as well as an accumulation of fuel oil soaked rags in the boiler room, creating a safety hazard.
On December 4, 2009, the maintenance worker attempted to contact a fire marshal about the alleged carbon monoxide leak and after failing to reach anyone called 911. When emergency responders arrived, Postal Service supervisors allegedly characterized the complainant as "disgruntled" and alleged that he was "attempting to sabotage the facility." The next day, the maintenance worker, who had no history of disciplinary action, was suspended.
In September 2010, he was notified that he was being dismissed from employment for reasons that included reporting safety concerns. His dismissal from service was effective November 6, 2010. On May 5, 2011, the Postal Service rescinded its notice of removal and provided back pay and restored benefits to the employee for the period of November 6, 2010, through May 5, 2011. However, the Postal Service did not compensate the complainant for the first 15 days of the suspension in December 2009 or for consequential damages and other appropriate relief to which he is entitled. The lawsuit seeks to restore this compensation and damages.
The suit, filed in the US District Court for the Eastern District of Missouri, alleges the Postal Service violated the whistleblower provisions of the Occupational Safety and Health Act of 1970. The department's Regional Office of the Solicitor in Kansas City is litigating the case.
Employers are prohibited from retaliating against employees who raise concerns or provide information to their employer or the government under any of these laws.
Granger Construction, Michigan Building and Construction Trades Council, Contractors, and MIOSHA Sign Partnership to Protect Workers on University of Michigan Project
Granger Construction Company, the Michigan Department of Licensing and Regulatory Affairs (LARA), the Michigan Occupational Safety and Health Administration (MIOSHA), the Greater Detroit Building Trades Council, and the Partnering Contractors signed a formal partnership to protect workers during the renovation of the 1956 mechanical engineering laboratory—classroom building, located on U-M’s North Campus in Ann Arbor. The facility will receive approximately 141,000 square feet of major infrastructure, programmatic instructional and administrative space improvements. The building will be occupied during the renovation process, which will require work to occur in a ten phase construction plan that eliminates exposure to hazards and minimizes disruption to the daily operations of the staff and students in adjacent spaces. The partnership goal is enhanced safety and health protection and zero injuries for workers on this major facility project.
“We’re honored today to recognize the exemplary leadership of Granger Construction Company and their commitment to worker safety and health on this significant project at the University of Michigan,” said LARA Deputy Director Stephanie Comai. “Your commitment sends a strong message that providing a safe and healthy work environment is a sound business decision." Signing partners included: Glenn Granger, President, Granger Construction Company; Gregory Bobzien, Corporate Safety Director, Granger Construction Company; Jerome Schulte, Associate Director of Construction and Design, U of M; Stephanie Comai, Deputy Director, LARA; and Martha Yoder, Director, MIOSHA. Also signing were the subcontractors and building trades unions working on the project.
Partnerships are an important emphasis in MIOSHA’s Strategic Plan to improve the health and safety of workers through cooperative relationships with groups, including trade associations, labor organizations, and employers. Partnerships move away from traditional enforcement methods and embrace collaborative agreements.
Recognizing that engineering techniques alone are not enough to ensure that exposure to hazards is controlled; the partnering employers will implement common safety goals to assure safety through these elements:
- Adherence to All Safety Policies, procedures, and MIOSHA standards
- 100% fall protection over 6 feet, including steel erection and roof work
- 100% Personal Protective Equipment (PPE) including hard hats, eye protection, protective safety glasses with built in side shields, high visibility clothing/vests, appropriate work footwear, and other PPE as appropriate
- Mandatory attendance to a project safety orientation. This includes project orientation, a project-specific safety video and verifications of appropriate training (lead and asbestos awareness for all employees, 30 hour OSHA and CPR/First Aid training for supervisors of all levels and safety personnel).
- All crane operators will be Certified Crane Operators (CCO) as recognized by National Commission for the Certification of Crane Operators (NCCCO) and other recognized certification agencies
- Mandatory pre-work substance abuse testing
- Mandatory post-accident substance abuse testing
- Job Hazard Analysis (JHAs) are to be completed and submitted to Granger Construction Company prior to work taking place, and reviewed immediately prior to work taking place for each kind of work and updated as the work evolves
- Contractors shall provide a Competent and/or Qualified Person for work operations as identified by a MIOSHA standards and/or Granger Construction Company
- Granger Construction Company and the partnering employers on this project will uniformly enforce a 3-step disciplinary action plan for employees who fail to work in a safe manner
- Automatic dismissal from this project shall result from any willful or deliberate violation of safety rules or safety policies and procedures
- Daily pre-shift safety huddles, including mandatory stretching prior to starting work
- Quarterly safety recognition lunches followed by mandatory relevant safety related continuing education
- Daily Granger Safety Manager inspections
“The MIOSHA program is dedicated to working with employers to find innovative ways to enhance workplace safety and health,” said Martha Yoder, MIOSHA Director. “Through partnerships, MIOSHA can offer employers a voluntary, cooperative relationship to eliminate serious hazards and achieve a high level of safety and health.”
The partnership does not preclude MIOSHA from enforcing its mission of addressing complaints, fatalities, or serious accidents, nor does it infringe on the rights of employees to report workplace hazards.
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