Michaels emphasized the need for employers to design and engineer out hazards to help prevent injuries.
“You can’t blame the worker,” Dr. Michaels said during his keynote speech, stressing that it is the responsibility of employers to maintain a safe workplace. “Just focusing on personal responsibility isn’t useful, and it isn’t the law.”
At the NSC Congress, OSHA Deputy Director of Enforcement Programs Patrick Kapust announced the top 10 most frequently cited violations during fiscal year 2014. For the fourth consecutive year, OSHA’s Fall Protection Standard was the agency’s most frequently cited violation:
1. Fall Protection in Construction ()
2. Hazard Communication ()
3. Scaffolding in Construction ()
4. Respiratory Protection ()
5. Lockout/Tagout ()
6. Powered Industrial Trucks ()
7. Electrical – Wiring Methods ()
8. Ladders in Construction ()
9. Machine Guarding ()
10. Electrical – General Requirements ()
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.
Environmental Resource Center is offering live online training for you to learn how the new rule differs from current requirements, how to implement the changes, and when the changes must be implemented.
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?
Knoxville RCRA and DOT Training
Mobile, Alabama, RCRA and DOT Training
Cary DOT and IATA Training
Four New Carcinogens Listed by National Toxicology Program
The new report includes 243 listings.
Ortho-toluidine, used to make rubber chemicals, pesticides, and dyes, has been reevaluated and is now listed as a known human carcinogen. Three substances have been added as reasonably anticipated to be human carcinogens. These include 1-bromopropane, used as a cleaning solvent and spray adhesive; cumene, used to make phenol and acetone, and also found in fuel products and tobacco smoke; and the wood preservative mixture pentachlorophenol.
“Identifying substances in our environment that can make people vulnerable to cancer will help in prevention efforts,” said Linda Birnbaum, Ph.D., director of the National Institute of Environmental Health Sciences (NIEHS) and the National Toxicology Program (NTP). “This report provides a valuable resource for health regulatory and research agencies, and it empowers the public with information people can use to reduce exposure to cancer causing substances.”
The Report on Carcinogens is a congressionally mandated report prepared for the HHS Secretary by NTP. The report identifies agents, substances, mixtures, or exposures in two categories: known to be a human carcinogen and reasonably anticipated to be a human carcinogen.
A listing in the report indicates a cancer hazard, but does not by itself mean that a substance will cause cancer. Many factors, including the amount and duration of exposure, and an individual’s susceptibility to a substance, can affect whether a person will develop cancer.
Since 1983, ortho-toluidine has been listed in the Report on Carcinogens as reasonably anticipated to be a human carcinogen. However, new cancer studies led NTP to reevaluate and reclassify ortho-toluidine, and it is now added to the category of known to be a human carcinogen, based on studies in humans showing it causes urinary bladder cancer. Ortho-toluidine is a synthetic chemical produced in other countries and imported into the United States by several companies in high volumes. It is primarily used to make rubber chemicals, pesticides, and dyes. It is also used in some consumer and medical products. People are mainly exposed through the workplace, by skin contact and/or inhalation when using ortho-toluidine. People can also be exposed outside the workplace through sources such as tobacco smoke.
The chemical 1-bromopropane is a colorless to pale yellow liquid used as a solvent in many commercial industries. It is used as a cleaner for optics, electronics, and metals, as well as a solvent for aerosol-applied adhesives such as those used in foam cushion manufacturing. It is also used in dry cleaning and in solvent sprays for aircraft maintenance. Workers in certain occupations may be more exposed to 1-bromopropane than the general population. No human studies were identified that evaluated the relationship between human cancer and exposure specifically to 1-bromopropane. However, inhalation exposure to 1-bromopropane in rodents caused tumors in several organs, including the skin, lungs, and large intestine.
Cumene is a flammable and volatile liquid with a gasoline-like odor. It is a natural component of coal tar and petroleum, and is found in tobacco smoke. It is used primarily to make acetone and phenol. People are mainly exposed to cumene through the environment and in workplaces that use or produce cumene. It can be found in emissions from petroleum products. Inhalation exposure to cumene caused lung tumors in male and female mice, and liver tumors in female mice. No human studies were identified that looked at the relationship between human cancer and exposure specifically to cumene.
Pentachlorophenol and by-products of its synthesis are complex mixtures of chemicals used as wood preservatives. Because virtually everyone who is exposed to pentachlorophenol is also exposed to its synthesis by-products, they were evaluated together. In the United States, pentachlorophenol has been regulated since the 1980s as a restricted-use pesticide. It is used industrially for treating utility poles, wood pilings, fence posts, and lumber or timber for construction. Most exposure has occurred in settings where workers treat lumber or come in contact with treated lumber. People may also be exposed to this mixture from breathing contaminated air or dust, or from contact with contaminated soil. Exposure to this mixture was associated with an increased risk of non-Hodgkin lymphoma in studies in humans. It also caused tumors in the liver and other organs in mice.
The Report on Carcinogens, 13th Edition, was prepared by the National Toxicology Program (). NTP is a federal, interagency program, headquartered at the NIEHS, whose goal is to safeguard the public by identifying substances in the environment that may affect human health.
Court Affirms OSHA Citations on Fall Prevention and Exposure to Excessive Heat
Two recent court cases uphold agency findings and citations regarding violations of OSHA’s fall protection standard and a willful citation issued for exposing workers to excessive heat.
In September of 2011, two Cleveland, Ohio compliance officers observed a worker performing roof repairs on a church’s steep-pitched roof without any fall protection. The compliance officers conducted an inspection and OSHA issued serious and repeat citations to Absolute Roofing & Construction, Inc., for violating OSHA’s fall prevention regulations. In an appeal to the Occupational Safety and Health Review Commission, the employer claimed that the worker was not his employee but an independent contractor; the review commission disagreed. On September 9, 2014, the Sixth Circuit US Court of Appeals upheld the findings of the OSHRC, affirming OSHA’s citations.
On September 10, 2014, OSHRC judge Peggy Ball affirmed a general duty clause citation that OSHA issued to the United States Postal Service (USPS) after the heat illness related death of a postal worker in July 2012. OSHA cited USPS for failing to address recognized hazards to employees working outside in excessive heat. In addition to sustaining the violation, Judge Ball agreed that the citation was properly characterized as willful and agreed with OSHA that the imposition of the full $70K penalty was appropriate. “This ruling underscores the need for employers to take proactive steps to keep workers safe in extreme heat,” said Barbara Theriot, OSHA’s area director in Kansas City.
Free Tools Available for Compliance with OSHA’s Changes to the Illness and Injury Recordkeeping Standard
On September 11, 2014, federal OSHA announced new requirements for reporting severe injuries and updates for the list of industries exempt from recordkeeping requirements. These new rules are effective in federal OSHA states on January 1, 2015. States operating their own OSHA program must promulgate standards which are at least as effective as the federal standards within six months of their publication in the Federal Register.
The new federal OSHA changes will require employers to file a detailed report within eight hours of fatal workplace accidents. Severe on-the-job injuries that do not result in death but require hospitalization must be reported within 24 hours. The reports must be filed regardless of the size of the business.
Currently, the regulations require such reports only if a worker was killed or three or more workers were hospitalized as a result of a workplace accident. The new 24-hour reporting requirement includes all work-related hospitalizations, amputations, or loss of an eye. All employers, including those partially exempted by reason of company size or industry classification, will be required to comply with the new severe injury and illness reporting requirements.
The new federal regulation maintains the current exemption for any employer with 10 or fewer workers from the requirement to maintain the 300 logs of worker injuries and illnesses.
California Law Affects Employer Requirements for Finding and Fixing Hazards
California recently enacted legislation that changes employers’ responsibilities for finding and fixing workplace hazards that can harm employees. . The new law also now requires employers to fix the most serious hazards cited by California OSHA more promptly, and employers can delay correcting a cited hazard only during the first appeal. California operates its own state OSHA plan, and the new law applies only to California OSHA operations.
Struck-by Vehicle Incidents Cause 15 Percent of Workplace Fatalities in Midwestern States
In the past five years, 15% of all workplace fatalities investigated by the Kansas City Regional Office of OSHA have involved vehicle accidents that struck employees in the workplace.
Struck-by injuries and fatalities are caused by conventional vehicles, forklifts, semitrucks, and other moving industrial equipment, such as cranes and yard trucks. OSHA is continuing its Regional Emphasis Program in Missouri, Iowa, Kansas, and Nebraska with the goal of educating employers and workers about the hazards associated with these vehicles and preventing tragic incidents. The REP is intended to address hazards associated with the operation of motorized equipment in construction, general, and maritime industries.
“Fatalities occurring from vehicles striking workers are senseless and preventable,” said Marcia Drumm, acting regional administrator for OSHA in Kansas City. “This REP allows OSHA inspectors to evaluate compliance with associated standards when conducting all inspections and focus on these real dangers.”
Of the 37 vehicle-related fatal incidents inspected by the OSHA Kansas City Region during fiscal years 2008 through March 2013, 57% involved a vehicle striking another worker. In the remaining 43%, the operator was the victim.
More than one-third of the incidents involved either forklifts or semi-trucks, and fatalities occurred across industries and company sizes. Seventy percent of the fatal incidents occurred at general industry work sites, while 24% happened in construction. Nineteen percent of the struck-by-vehicle fatalities were at employers with 10 or fewer employees; 46% were at midsize companies with 11-100 employees; and the remaining 35% were at larger employers with more than 100 employees.
In addition to inspections following up on complaints and referrals received regarding these vehicles, the REP allows continued evaluation of compliance with all applicable vehicle-related standards during any OSHA inspections in the Kansas City Region.
Electronic copies of other guidance materials and limited printed copies can be obtained free by contacting OSHA’s offices in St. Louis at 314-425-4249; Wichita, Kansas, at 316-269-6644; Kansas City at 816-483-9531; Omaha, Nebraska, at 402-553-0171; or Des Moines, Iowa, at 515-284-4794. Please request to speak with the duty officer and reference the “Evaluate Your Entire Surroundings,” or E.Y.E.S campaign, when ordering.
REPs are enforcement strategies designed and implemented at the regional and/or area office levels. These programs are intended to address hazards in industries that pose a particular risk to workers in a defined jurisdictional area. These REPs are accompanied often by outreach intended to make employers in the area aware of the program, as well as the hazards that the programs are designed to reduce or eliminate.
Jasper Contractors Fined $162,000 for Exposing Workers to Falls and other Hazards
The inspections were initiated in March 2014 after the agency received complaints that employees were working from roofs without fall protection. Proposed penalties total $162,000.
“Management did not take any action to minimize the fall hazards while the employees worked from residential roofs, even though the workers wore harnesses and there were ropes and anchors on the roof,” said Brian Sturtecky, OSHA’s area director in Jacksonville. “Falls are the leading cause of fatalities in the construction industry, which is why employers must ensure their workers use fall protection systems properly.”
Willful citations were issued at each of the work sites for allowing employees to perform roofing work at heights of 8 to 12 feet without fall protection. 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.
OSHA issued a repeat violation for failure to ensure employees wore eye protection, which exposed workers to eye injuries from flying debris and nails. 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 facility in federal enforcement states within the last five years. The company received citations for this same violation in 2012 and 2013 at two job sites in Colorado.
Two serious violations were cited for failure to ensure workers on the ground wore head protection while cleaning up debris thrown from the roof and for failure to extend the side rails of a ladder 3 feet above the upper landing surface to provide roof access. Another violation was cited for failure to provide a first aid kit for employees. 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.
Choice Cabinetry Fined $136,290 for Willfully Exposing Workers to Safety and Health Hazards
“Methylene chloride is a carcinogen, so it’s vital that employers like Choice Cabinetry take all necessary steps to protect workers when there is exposure,” said Patricia Jones, director of OSHA’s Avenel Area Office. “All workers have the right to a safe and healthy work environment, and OSHA will hold each employer accountable when this legal obligation is not met.”
Three willful violations were cited for the company’s lack of a hazard communication program, hazard communication training, and methylene chloride training. Workers exposed to methylene chloride are at increased risk of developing cancer and skin and eye irritation and may suffer adverse effects on the heart, central nervous system, and liver. These willful citations carry a penalty of $53,900.
One failure-to-abate citation, with a $27,720 penalty, was issued for the company’s failure to install alarms on the walk-in spray booth. Alarms would warn employees of inadequate ventilation during spraying operations. A failure-to-abate violation exists when the employer has not corrected a violation for which OSHA has issued a citation and the abatement date has passed or is covered under a settlement agreement.
Carrying a penalty of $21,560, four repeat violations were cited for damaging noise levels and respiratory program deficiencies. The company was previously cited for these violations at the same location in 2011.
One additional violation with a $770 penalty was cited because the company failed to provide injury and illness records within four hours of OSHA’s request.
Worker Critically Injured when Pinned by Machine at Columbus Castings
A Columbus Castings worker suffered a broken back, a collapsed lung, and partial paralysis of his left leg after becoming pinned in a machine at the steel foundry on April 22, 2014. An investigation into the incident has resulted in the issuance of two repeat and two serious safety violations by OSHA. The steel foundry has been cited 11 times in the past 10 years for exposing workers to dangerous machine hazards at the plant, which produces castings for use in the automotive, mining, agricultural, construction, and rail industries. Proposed penalties total $89,500.
“This worker suffered life-altering injuries because Columbus Castings failed to implement basic safety procedures. Workers in this plant operate heavy industrial machinery that can produce castings weighing up to 70,000 pounds, and they deserve protection,” said Deborah Zubaty, OSHA’s area director in Columbus. “No one should be injured on the job because their employer failed to recognize hazards and correct them.”
Plaid Enterprises Exposes Workers to Amputation, Electrical, and other Safety Hazards
Plaid Enterprises, Inc., was cited by OSHA for six safety violations that involved amputation, electrical, and other safety hazards following an April 2014 inspection at the company’s craft paint production facility located on Mellon Court in Decatur. OSHA initiated the inspection in response to a complaint. Proposed penalties total $84,500.
Staffing agency Prologistix provided temporary workers for the Plaid Enterprises’ facility, but neither maintained supervision at the company nor was knowledgeable about the facility’s hazardous conditions. No citations were proposed for Prologistix.
“This employer clearly knew safety measures were bypassed and allowed its workers to be exposed to hazards that could cause severe injuries and fatalities,” said Bill Fulcher, director of OSHA’s Atlanta-East Area Office. “Production demands cannot be an excuse to allow either permanent or temporary workers to be exposed to these types of hazards.”
Plaid Enterprises was issued a willful citation for worker exposure to amputation hazards and a risk of being caught-in machinery that had safety locking devices that were bypassed or deliberately disabled.
Three serious citations were issued for failure to develop and implement written instructions for disabling power from equipment to allow workers to perform maintenance and service safely, and for not removing forklifts from service that had nonoperational safety equipment. Additionally, the employer put workers at risk for shock and burn hazards from exposed electrical connections and unguarded wiring. Two additional violations were cited for using space around electrical panels for storage and for exposing workers to unguarded rotating shafts.
The initiative includes outreach, training, and enforcement to ensure that temporary workers are protected in their workplaces. In recent months, OSHA has received and investigated many reports of temporary workers suffering serious or fatal injuries, some in their first days on the job.
Transport Tech LLC Repeatedly Exposes Workers to Chemical Hazards at Illinois Garage
A complaint investigation found that Transport Tech, LLC, failed to provide employees with an effective training program, including information on appropriate handling and safe use of hazardous chemicals at its Hillside repair facility. OSHA has cited the company for five repeat safety violations, carrying proposed penalties of $66,400.
“Workers have the right to know what chemicals they are exposed to and how to protect themselves against exposure, which can have severe health effects,” said Angeline Loftus, OSHA’s area director at the Chicago North office in Des Plaines. “Employers have a responsibility to provide accurate information about the hazards their workers face each day, and Transport Tech failed to do that.”
OSHA initiated an inspection on March 28, 2014, after it received a complaint alleging hazards at the shop, which provides repair services for trucks operated by the national carrier Central Transport, LLC.
Transport Tech failed to put identification and warning labels on containers filled with hazardous chemicals. The company also failed to have an eyewash station readily accessible and provide portable fire extinguisher training, as required. In addition, floors at the facility were not kept clean and dry to prevent slips and falls. The company was cited for similar violations in 2011 at the same facility.
Certified Heat Treating Inc. Fined $64,000 after Supervisor Fatally Injured
A 48-year-old supervisor was fatally injured when he was struck by a metal door while performing maintenance at Certified Heat Treating, Inc., in Miamisburg.
“If Certified Heat Treating had followed established safety procedures, this tragedy might have been prevented,” said Bill Wilkerson, OSHA’s area director in Cincinnati. “No worker should lose their life because an employer decided to cut corners on safety.”
On March 31, 2014, the supervisor, who had been employed at the facility for 25 years, had tightened a nut on an elevator cylinder inside an oil-filled quench tank chamber when the outer metal door came down. The door struck his chest and made it impossible for him to breathe. OSHA’s investigation found that the company failed to isolate an energy source on the outer metal door, implement lockout/tagout procedures and install an adequate restraining device to prevent the door from operating during service and maintenance. Additionally, workers were inadequately trained on specific procedures to prevent such incidents, and periodic inspections of equipment were not conducted.
It failed to have entry permits, post an attendant outside during entry and train workers in hazards, which resulted in serious violations. A confined space is one large enough for workers to enter and perform certain jobs, has limited or restricted means for entry or exit and is not designed for continuous occupancy, such as a tank chamber.
The company faces proposed penalties of $64,000.
Certified Heat Treating performs vacuum and induction heat treating of metal parts for use in the construction, automotive, and transportation industries. The company also has a facility in Springfield.
New Hampshire Contractor Exposes Employees to 25-Foot Falls
Employees of Ken Stanley, doing business as A+ Roofing, were exposed to potentially fatal falls of up to 25 feet at a Somersworth job site due to their employer’s failure to ensure the use of required fall protection. The Milton-based roofing contractor, who has been cited five times previously for the same hazard, faces $61,600 in proposed fines from OSHA.
OSHA opened its inspection on June 12, 2014. A concerned passer-by, who saw employees exposed to falls as they installed a roof on the Riverside Garage at 481 High St., contacted OSHA. The agency found eight employees working at heights of up to 25 feet without fall protection.
“There was nothing to prevent these workers from falling more than two stories to the ground below. They were at risk of death or disabling injuries. Their employer, with a history of similar violations, knew that the lack of fall protection violated workplace safety standards,” said Rosemarie Ohar, OSHA’s area director for New Hampshire.
OSHA observed that employees working on the ground were not wearing head protection to safeguard against being struck by falling objects, another hazard for which OSHA had previously cited the business. As a result, OSHA cited the contactor for two willful violations, with $55,000 in fines.
A+ Roofing was cited by OSHA five times between 2004 and 2013 for similar fall hazards at work sites in Northwood, North Conway and Keene; Kittery, Maine; and Haverhill, Massachusetts.
Three serious violations, with $6,600 in fines, were cited for additional hazards at the Somersworth job site. They included lack of fall protection training, no protection against eye injuries for employees using pneumatic nail guns and no fire extinguisher where containers of gasoline were present on-site.
Falls are the number one killer in construction work. The page offers fact sheets, posters, and videos that vividly illustrate various fall hazards and appropriate preventive measures.
“A fall can occur in less time than it takes to finish this sentence. If you fall and there is no effective fall protection in place and in use, gravity will take over and your life or career could end in seconds,” said Jeffrey Erskine, OSHA’s acting deputy regional administrator for New England. “Employers, it is imperative that you plan ahead to get the job done safely, provide your employees with the right equipment, and train them to use it properly.”
OSHA Finds Workers Repeatedly Exposed to Fall Hazards at New Jersey Construction Site
While applying brick to the exterior of a new residential construction site located at 33 Emerald Road in Robbinsville, workers employed by Y.V. General Construction Corp., based in Kearny were exposed to scaffold and fall hazards. Proposed penalties total $49,280.
“Y.V. General Construction continues to place its workers in harm’s way by failing to use well-constructed scaffolds,” said Paula Dixon-Roderick, director of OSHA’s Marlton Area Office. “Falls are the leading cause of death in the construction industry and should never be taken lightly.”
The page offers fact sheets, posters, and videos that vividly illustrate various fall hazards and appropriate preventive measures.
Structure Development Midwest LLC Cited for Asbestos Violations
The inspection found Structure Development Midwest, LLC, failed to collect and dispose of asbestos-containing material in sealed, labeled, and waterproof bags. The Chicago real estate and management company was issued one willful and seven serious citations carrying proposed penalties of $46,000 for the violations.
“Exposure to asbestos can cause loss of lung function and cancer, among other serious health effects, and workers must be trained in procedures that minimize exposure. Workers should never be put at risk because a company failed to protect them from a known, dangerous substance,” said Kathy Webb, OSHA’s area director in Calumet City.
The March 25, 2014, inspection found that the company failed to act and comply with existing regulations when employees were exposed to asbestos; did not ascertain whether asbestos work conducted was in compliance with standards; and failed to visibly identify and limit access to areas containing asbestos material.
Serious electrical safety violations found at the site included lack of ground fault circuit interrupters, open electrical panels and failure to protect temporary wiring. These violations resulted in the issuance of seven serious citations.
M&M Roofing Cited after Worker Suffers Fatal Fall
The death of a 28-year-old worker who fell 18 feet from a roof could have been prevented if proper fall protection safeguards had been used by M&M Roofing, of Wolcott, an inspection by the Hartford Area Office of OSHA has found.
The employee was removing shingles from the roof of a house at 89 Flintrock Road on July 12, 2014, in Watertown, Connecticut, when he fell, dying four days later as result of his injuries. OSHA’s inspection found that, while the worker was wearing a safety harness, it was not tied to an independent anchorage point when he fell.
“Being tied to an independent anchorage point is a critical element of fall protection. Otherwise, there is nothing to stop a worker from falling and suffering a fatal or disabling injury,” said Warren Simpson, OSHA’s area director in Hartford. “While nothing can bring this young man back to his loved ones or co-workers, employers and workers should be aware of this needless loss of life and take steps to review their fall protection programs, so that future incidents like this one can be prevented.”
OSHA cited M&M Roofing for similar hazards three times since 2011 at work sites in Enfield, Wolcott, and Manchester. Following the latest inspection, it cited the company for a repeat violation for failure to provide workers with fall protection at the Watertown job site. M&M Roofing was also cited for two serious violations for an unguarded skylight and for allowing employees to work close to a powered electrical line.
Falls are the leading cause of death in construction work. According to the Bureau of Labor Statistics, three workers died in construction-related falls in Connecticut in 2012.
Burlington Northern Santa Fe LLC Ordered to Pay $30,000 for Retaliating Against Worker
Burlington Northern Santa Fe, LLC, retaliated against a Mandan, North Dakota, worker in December 2013 after he reported a work-related injury and submitted a physician’s treatment plan, according to an investigation by OSHA. OSHA has ordered Fort Worth, Texas-based BNSF to pay more than $30,000 in back wages and damages and to take other corrective action.
The former employee submitted a whistleblower complaint to OSHA alleging violations of the anti-retaliation provisions of the Federal Railroad Safety Act. As a result, OSHA investigated and determined the work-related injury reporting and subsequent treatment plan were contributing factors in terminating the employee, a direct violation of the FRSA.
“Reporting an injury and a subsequent treatment plan ordered by a physician—regardless of an employer’s policy or deadline—is protected activity by law,” said Gregory Baxter, OSHA’s regional administrator in Denver. “BNSF failed to prove that its personnel actions were anything other than retaliation.”
OSHA ordered the employer to reinstate the worker at the same or an equivalent job, restore seniority and benefits, and pay $6,000 in compensatory damages, plus attorney’s fees.
Employers are prohibited from retaliating against employees who raise various protected concerns or provide protected information to the employer or the government. Employees who believe that they have been retaliated against for engaging in protected conduct may file a complaint with the secretary of labor.
BNSF or the former employee may file objections or request a hearing before the department’s Office of Administrative Law Judges within 30 days of receiving OSHA’s order.
Cal/OSHA Helps Firefighters Execute High-Rise Rescue
The combined efforts of Cal/OSHA, Tractel scaffolding company, and the Orange County Fire Department helped ensure two window washers were able to safely exit a 19-story building on Wednesday, October 1.
A Cal/OSHA senior safety engineer was notified around 9 a.m. about a situation at 4 Park Plaza in which washers employed by Newport Window Cleaning had become trapped. Wire rope suspending the cleaning crew’s platform frayed, making the rope too wide in diameter for the motorized pulley system to raise or lower it.
The Cal/OSHA safety engineer consulted with Tractel, Inc., and advised the Command Chief of the Orange County Fire Department. They secured the workers on the platform with harnesses before raising the platform by hand up to the rooftop.
“Days like this truly make me proud that all the agencies involved in the incident worked together towards one common goal: employee safety,” said Christine Baker, Director of the Department of Industrial Relations (DIR). “Their careful attention to the technical complexities in this situation helped save two lives.”
Rescue ropes, brakes, and pulley systems had to be inspected for any damage before the rescue operation could commence. The trapped workers also assisted Urban Search and Rescue-trained firefighters in securing the rescue equipment to their platform, despite having been trapped in the sun for hours. The rescue operation was completed around 1 p.m.
However, questions remain about what led to the incident in the first place. “It is important that all industrial equipment be checked regularly for deficiencies,” said Acting Cal/OSHA Chief Juliann Sum. “Cal/OSHA will be conducting an investigation into how the wire rope problems developed, and why they were not identified before the ropes were put into use on Wednesday.”
Cal/OSHA could issue citations and fines as a result of its investigation into the faulty equipment used by Newport Window Cleaning on Wednesday.
Indiana Partners with Fort Wayne Companies for Safety and Health
The Indiana Department of Labor (IDOL) recently announced a strategic safety and health partnership with Weigand Construction Co. Inc., the City of Fort Wayne, and Ash Brokerage in Fort Wayne, Indiana. Weigand Construction Co., Inc., is contracted to build the Ash Skyline Plaza, which will house the Ash Brokerage corporate offices, and the Skyline Garage in Fort Wayne.
The IDOL’s partnership program embraces collaborative agreements to address critical safety and health issues and ensure safety is a priority from the beginning of a project through its conclusion. The partnership focuses on identifying and correcting workplace safety and health hazards to reduce and eliminate worker injuries and illnesses. As part of the agreement, the Skyline project must maintain a worker injury and illness rate lower than Indiana’s industry average.
“This partnership between Indiana Department of Labor, City of Fort Wayne, Ash Brokerage, and Weigand Construction is a relationship building opportunity, not only for the companies involved but also for the community at large,” said Weigand Safety Director Greg Musi. “It is an agreement and a unified concept that incorporates all the fundamentals of a successful construction project: worker safety.”
Weigand Construction Co., Inc., must also require fall protection for workers performing activities six or more feet above ground level.
“Falls are a leading cause of serious injury and death in construction,” said Ruble. “These incidents can be eliminated when trained workers use the appropriate safety equipment.”
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