OSHA National Emphasis Program on Retail Injuries and Fatalities

OSHA is launching a local emphasis program to prevent retail sector injuries and fatalities in Hawaii, Guam, American Samoa, and the Northern Mariana Islands.

“We are not in the business of waiting to act only after a preventable injury or fatality occurs. Retail employers and workers need to be aware of hazards and risks commonly found in this industry,” said Mike Rivera, acting area director of OSHA’s Honolulu Area Office. “Stores must be safe for customers to shop and for employees to work.”

The retail industry experienced 262 fatal occupational injuries in 2012. The injury and illness case rate for retail workers, including in the Pacific, was four per 100 full-time workers, compared with a 3.4 rate for all other private sector employees during the same period.

OSHA will conduct inspections to identify and evaluate hazards within the retail industry in Hawaii and the Pacific islands and territories. Targeted operation sites, such as clothing stores, department stores, general merchandise stores, and other miscellaneous retailers, can expect random inspections. OSHA also will respond to complaints, referrals, and fatalities related to retail operations.

Federal OSHA inspections at retail stores in the Pacific routinely find numerous safety or health hazards that result in serious violations. Cited safety and health violations generally relate to electrical hazards, unsafe merchandise handling, transportation hazards, fire hazards, exposure to harmful substances, or improper design, construction, and maintenance of exit routes. Violations also relate to hazards that, if left unchecked, can lead to falls, slips and trips, struck-by objects, or amputations.

Employers and employees with questions regarding workplace safety and health standards may call OSHA’s Honolulu Area Office at 808-541-2680. 

California Lists N,N-dimethyl-p-toluidine as a Proposition 65 Carcinogen

The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) intends to list N,N-dimethyl-p-toluidine as known to the State to cause cancer under the Safe Drinking Water and Toxic Enforcement Act of 1986.

As an accelerator in the curing of methyl methacrylate monomers, it is used in the manufacture of dental materials and bone cements, in industrial glues, and in artificial fingernail preparations. It is also used as an intermediate in dye and pesticide synthesis.

OEHHA’s determination: N,N-Dimethyl-p-toluidine meets the criteria for listing as known to the State to cause cancer under Proposition 65, based on findings of the National Toxicology Program (NTP). In 2012, NTP published a report on N,N-dimethyl-p-toluidine, entitled Toxicology and Carcinogenesis Studies of N,N-Dimethyl-p-Toluidine (CAS No. 99-97-8) in F344/N Rats and B6C3F1/N Mice (Gavage Studies), that concludes that the chemical causes cancer (NTP, 2012). This report satisfies the formal identification and sufficiency of evidence criteria in the Proposition 65 regulations. OEHHA is relying on the NTP’s discussion of data and conclusions in the report that N,N-dimethyl-p-toluidine causes cancer.

California Considers Changing Proposition 65 Warnings

At the April 14, 2014 workshop, California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment provided posters showing images of the proposed warnings, as well as images of current warnings used by a variety of businesses throughout the state. Due to overwhelming response by attendees of the workshop, OEHHA is providing examples of these posters. Note that these examples are provided for discussion only and are not intended to replace current warnings.

Cal/OSHA Fines BART $210,000 for 2013 Accident that Killed 2 Transit Workers

Cal/OSHA cited Bay Area Rapid Transit District (BART) recently for willful serious safety violations that resulted in two workers being killed by a fast-moving train in Walnut Creek last October. The citations carry proposed penalties totaling $210,000.

Cal/OSHA issued the citations for three willful serious violations after its investigation found the following:

• The two workers who were killed, Christopher D. Sheppard and Laurence E. Daniels, did not meet the qualifications to perform work near hazardous energized third-rails. Sheppard was a BART special projects manager; Daniels was a contractor and consulting engineer.
• A trainee was at the controls when the accident occurred—his trainer, a high- ranking transportation manager, was seated in the passenger car with other BART managers and another trainee. He could not view the track from his vantage point in the passenger car.
• BART’s “simple approval” procedures for employees working on the tracks were both inadequate and not followed

“Employers in California must comply with safety standards to protect their employees, and diligence is vital in hazardous working conditions,” said Christine Baker, Director of the Department of Industrial Relations (DIR). Cal/OSHA is a division of DIR.

When the accident occurred on October 19, trains were being operated on a non- passenger basis. BART train 963, a four-car train operating in automatic mode traveling at more than 65 miles per hour with an inexperienced operator-in-training at the controls, was proceeding to its destination of Pleasant Hill station around 1:45 p.m. The high-ranking manager designated as the trainer was seated in the passenger area with three BART managers and another trainee instead of maintaining a position next to the trainee in the control cab. Although he could see the trainee at the controls from behind the open control cab door, the trainer was not located in a position to closely view the trainee’s actions and observe the track. The trainee saw the workers and was attempting to sound the horn and stop the train when the workers were struck.

“Employers have a responsibility to ensure worker safety,” said Acting Cal/OSHA Chief Juliann Sum. “Safety standards are designed to save lives and they were not followed.”

BART had its “simple approval” authorization process in place at the time of the accident, which made employees working on train tracks responsible for their own safety. On two previous occasions, in 2001 and 2008, employees were fatally injured while operating under “simple approval” authorization. Cal/OSHA issued citations after investigations of both incidents. The day after the 2013 fatality accident, BART suspended the “simple approval” process for track maintenance.

Cal/OSHA Fines Three Frogs Inc. over $91,000 Following Tree-Trimming Fatality

Cal/OSHA recently issued citations with proposed penalties of $91,865 to Three Frogs, Inc., a La Mesa-based real estate investment company following the investigation of a fatal tree-trimming accident.

Joshua Alan Pudsey, a 42-year-old employee, was killed on November 12, 2013, when he was struck by a large section of a 60-foot-tall eucalyptus tree he was helping to remove from the employer’s property.

Pudsey had been working as a general construction laborer at various properties owned by Three Frogs for approximately three months when the accident occurred at a residence on the 4400 block of Date Avenue in La Mesa. Neither he, nor any of the other construction laborers, employed by Three Frogs had the experience or training needed to safely cut down a tree of that size.

“Workers at construction sites are frequently exposed to serious hazards, and safety training is essential to prevent serious injuries and fatalities. This incident is a vivid reminder of what can go wrong when employers don’t have proper safety procedures in place,” said Christine Baker, Director of the Department of Industrial Relations (DIR). Cal/OSHA, also known as the Division of Occupational Safety and Health (DOSH), is a division of DIR.

Cal/OSHA’s investigation revealed that Three Frogs, Inc., a company that purchases, renovates, and resells residential properties, had failed to employ a qualified tree worker which is required by law to direct all work related to tree trimming, tree repair, or removal of trees that exceed 15-feet in height. Cal/OSHA determined that the workers were not trained to use the 80-foot aerial lift that elevated the employees to cut the tree, and were also not provided eye protection or a fall protection harness while working in the lift.

“When safety takes a backseat to the bottom line, tragedies such as this one will result,” said acting Cal/OSHA Chief Juliann Sum. “Companies that cut corners by not abiding by workplace safety regulations put their employees at direct risk of numerous hazards.”

Cal/OSHA issued 13 citations against Three Frogs, Inc., for violations of California’s workplace safety regulations, including eight that were serious in nature. Five of the eight serious citations issued are accident-related. A serious workplace safety violation is cited when there is a realistic possibility that death or serious physical harm could result from the actual hazard created by the violation. Cal/OSHA’s Bureau of Investigations (BOI), which investigates fatalities and other serious injuries, has an ongoing criminal investigation as well.

The five general citations issued to Three Frogs, Inc., relate to additional violations of the tree removal standard, including the company’s failure to have an Injury and Illness Prevention Plan (IIPP). All California employers are required to have an IIPP as a foundation for establishing a safe workplace. The company also lacked a written Heat Illness Prevention Program, another requirement at outdoor worksites.

The California Labor Commissioner’s office, otherwise known as DIR’s Division of Labor Standards Enforcement (DLSE), opened another investigation into the company following a referral from another state agency of possible labor violations. Three Frogs was cited on November 13, 2013 and ordered to stop operations after the Labor Commissioner found that the business failed to provide workers’ compensation coverage to their employees. The stop order will be removed once Three Frogs demonstrates that a workers’ comp policy is in effect and meanwhile the investigation into labor practices is still active.

L&L Lumber Co. Cited for Serious Safety and Health Violations

L&L Lumber Co., Inc., has been cited by OSHA for 26 safety and health violations following an inspection at a work site in Huntsville. OSHA initiated the October 2013 inspection of the company’s facility after receiving a complaint concerning hazardous working conditions. The company makes lumber pallets and railings, and employs approximately 60 workers. Proposed penalties total $45,780.

“It is the employer’s responsibility to ensure all workers are protected, and this company failed to do that,” said Ramona Morris, OSHA’s area director in Birmingham. “This employer has put its workers at risk of serious injury or death by exposing them to unguarded machinery, excessive noise and electrical shock.”

Of the 26 violations cited, 15 were serious safety and health violations because the employer failed to guard dangerous equipment, which created amputation, laceration, and struck-by hazards. The company also subjected its workers to noise in excess of the established limits. Additionally, the employer failed to outline the steps to control hazardous energy; allowed an industrial truck to be used that had an inoperable backup alarm and brake lights; and failed to cover electrical box openings.

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.

OSHA also cited the company for 11 other-than-serious citations, including the employer’s failure to provide training and information to workers exposed to wood dust, diesel fuel, and lubricants. 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.

Pinpoint Towers Fined $21,000 after Worker Fatality on a Telecommunication Tower

OSHA has cited Optica Network Technologies, which operates as Pinpoint Towers, LLC, with three serious safety violations after a worker was fatally injured during a fall from a communications tower on November 23 at work site in Wichita.

The 25-year-old worker was performing maintenance when he fell about 50 feet while descending the tower. He is one of 13 workers fatally injured at communication worksites in 2013. 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.

“All employers, and especially those in high-hazard industries such as communication tower construction and maintenance, must properly train their workers on the need to maintain fall protection at all times,” said Michael Moon, OSHA’s acting area director in Wichita. “Employers and cell tower owners and operators must do everything possible to stop these senseless, preventable tragedies.”

The serious citations allege that Pinpoint Towers failed to ensure fall protection was maintained at all times while traversing the communication tower, and did not conduct a comprehensive job hazard assessment to include fall protection methods prior to employees traversing the tower. Finally, the company failed to provide certification that the hazard assessment had been completed and did not provide adequate fall protection training to workers.

OSHA has proposed penalties of $21,000. The company has no previous history with OSHA.

OSHA is concerned about the alarming increase in preventable injuries and fatalities at communication tower worksites.

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.

OSHA is committed to working with the communications industry to prevent these injuries and fatalities, and it will continue outreach and enforcement efforts to make sure communication tower workers are adequately protected. 

OSHA Schedules Informal Hearing on Proposed Extension of Crane Operator Certification Deadline

OSHA recently scheduled an informal public hearing to discuss OSHA’s proposed rule to extend the compliance date for the crane operator certification requirement and the existing phase-in requirement that employers ensure that their operators are qualified to operate the equipment. The hearing will be held May 19, 2014, in Washington, D.C.

On February 10, 2014, OSHA issued a Notice of Proposed Rulemaking proposing to extend the deadline for operator certification by three years to November 10, 2017, and to extend the existing employer duties for the same period. The public had 30 days to submit comments on this issue. The comment period closed on March 12, 2014. The agency received 60 comments from the public in response to the NPRM, one of which requested a hearing.

The purpose of the hearing is to gather additional information related to whether OSHA should extend the requirement by three years or not at all.

The public hearing will be held at 9:30 a.m., Monday, May 19 in the auditorium of the US Department of Labor, 200 Constitution Ave., NW, Washington, DC 20210. Individuals who wish to testify must submit a notice of intention to appear by April 25. 

Children’s Products Tested for Toxic Chemicals

Though, in some of the children’s products tested, the Washington Department of Ecology found 15 potential violations on phthalates and seven potential violations on lead or cadmium. They also found two violations on toxic metals in packaging that came with children’s products.

Ecology notified manufacturers of potential violations and is working with state and federal partners to ensure compliance.

“Testing products is just one piece of a much larger toxics puzzle,” said Carol Kraege, who leads Ecology’s work to reduce toxics threats. “We’re doing our best to put the pieces together and figure out where toxic chemicals are used and how they are affecting us.”

The testing focused on—and found—several classes of toxic chemicals:

• Metals, including lead, mercury, cadmium, antimony, and cobalt
• Phthalates, which are used to make plastic softer
• Parabens, which are used as preservatives in personal care products and cosmetics
• Formaldehyde and volatile organic chemicals

They can also join the children’s safe products email list for periodic updates.

 The tests were funded by a grant from the Washington Attorney General’s office.

CSPA requires companies to report their use of certain toxic chemicals in children’s products, and the packaging law restricts the use of four toxic metals.

People interested in Ecology’s work on toxics can follow the ECOconnect blog series Tackling Toxics. The series provides in-depth coverage of Ecology’s product testing and other actions the agency is taking to reduce toxic threats in Washington and a forum for Ecology to respond to comments and questions.

OSHA Forms Alliance with Georgia Organizations to Reduce Construction Worker’s Exposure to Silica

The

agreement was signed by OSHA, the Georgia Tech Research Institute’s Occupational Safety and Health Division, Brasfield & Gorrie, LLC, the Georgia Local Section of the American Industrial Hygiene Association and the Georgia Chapter of the American Society of Safety Engineers on Tuesday, April 15.

“This alliance demonstrates the proactive commitment of federal, state, and other partners to protect the safety and health of workers in the construction industry,” said Teresa Harrison, OSHA’s acting regional administrator in Atlanta.

Inhalation of respirable crystalline silica particles has long been known to cause silicosis, a disabling, non-reversible and sometimes fatal lung disease. Leading scientific organizations, including the American Cancer Society, have also confirmed the causal relationship between silica and lung cancer.

Occupational exposure to crystalline silica often occurs as part of common workplace operations involving cutting, sawing, drilling and crushing of concrete, brick, block, rock and stone products. Processes historically associated with high rates of silicosis include sandblasting, sand-casting foundry operations, mining, tunneling, cement cutting and demolition, masonry work, and granite cutting.

OSHA just concluded three weeks of hearings on the proposed rule and is now receiving post-hearing comments.

Companies and groups interested in learning more about OSHA’s activities to improve employee safety and health in Georgia may contact OSHA’s representatives in the Atlanta-West Area Office at 678-903-7301, the Atlanta-East Area Office at 770-493-6644, or the Savannah Area Office at 912-652-4393.

The purpose of each alliance is to develop compliance assistance tools and resources and to educate workers and employers about their rights and responsibilities. Alliance Program participants do not receive exemptions from OSHA inspections.

ConocoPhillips Alpine Field Recognized for Workplace Safety

Labor and Workforce Development Commissioner Dianne Blumer approved ConocoPhillips Alaska’s Alpine field for the Alaska Voluntary Protection Program renewal as a result of outstanding employee safety and health programs.

“ConocoPhillips has demonstrated that Alaska’s oil and gas resources can be safely and effectively developed and produced,” Blumer said. “Four of Alaska’s 12 state VPP sites are ConocoPhillips workplaces.”

VPP recognizes and promotes effective workplace safety and health management through a cooperative program between a company’s management, employees, and the department’s Alaska Occupational Safety and Health section.

“Being recertified in the AKOSH Voluntary Protection Program is a significant milestone for the Alpine workforce and one we are all very proud of,” said Steve Ovenden, manager of Western North Slope Operations for ConocoPhillips. “This achievement recognizes the proactive approach and commitment to safety we see daily across the entire organization and reinforces Alpine’s cooperative and interdependent safety culture. Additionally, it provides our company and the communities where we operate with the confidence that we can continue to safely grow our Western North Slope operations.”

As a VPP Star recipient the Alpine field won’t be subject to random enforcement inspections for five years. Enforcement regulations remain in effect, however, and cases of employee complaints, accident investigations, or other significant incidents will result in an enforcement inspection. Participation in the program is voluntary.

Did You Miss OSHA’s December 1 GHS Hazard Communication Training Deadline? Use Environmental Resource Center’s GHS OSHA Hazard Communication Training PowerPoint

With OSHA’s adoption of the Globally Harmonized System (GHS) for the classification and labeling of hazardous chemicals, virtually every chemical label, MSDS—now called Safety Data Sheet (SDS), and written hazard communication plan must be revised to meet the new standard.

OSHA’s December 1, 2013, deadline under the revised Hazard Communication Standard required that all employees at your site who work with, or are exposed to, hazardous chemicals be trained to understand the new classification system, labels, warning statements, precautions, pictograms, and safety data sheets for chemicals at your worksite.

Environmental Resource Center is making available a PDF presentation or a customizable PowerPoint that you can use for on-site worker training. The training program, which is designed to cover your site’s GHS Hazard Communication training requirements, is in a format that is easy to understand.

Price and options:

Multiple PDF copies can be purchased for $99/copy (1–10), $79/copy (11–20), or $69/copy (21+).

Multiple PowerPoint copies can be purchased for $199/copy (1–10), $179/copy (11–20), or $169/copy (21+).

Options*:

1. Customized PowerPoint: Send us your written GHS hazard communication plan and 10–20 safety data sheets. We’ll create a custom training program for your site: $899

2. If you have not updated your hazard communication plan, let Environmental Resource Center update it for you: $799

3. Customized PowerPoint and hazard communication plan: $1600

*Call 800-537-2372 for Spanish pricing.

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. 

24-Hour HAZWOPER Training in the Raleigh, NC, Area

St. Louis RCRA and DOT Training

Charlotte RCRA, DOT, and SARA Training

EPA’s New Solvent Wipe, Shop Towel Rule Demystified

• Does the rule apply to both cloth and paper wipes and rags?
• What solvents can be on the towels, and which are prohibited?
• Does the rule also apply to towels that contain characteristic hazardous waste?
• Can P or U-listed wastes be on the towels?
• How must the towels be stored on-site?
• Do they need to be tested for anything?
• How long can they be stored?
• How must the containers be marked or labeled?
• How must they be prepared for transportation?
• Where can you ship them and what are the disposal and recycling options?
• What are the documentation requirements?
• How is the new rule impacted by current state regulations?

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