Compared to most other government agencies OSHA’s budget is relatively small. The US Government’s 2015 Budget provided just $552 million for OSHA to inspect hazardous workplaces and work with employers to help them understand and comply with safety and health regulations. This was about the same as the prior year. The budget includes an additional $4 million to bolster OSHA’s enforcement of the 21 whistleblower laws that protect workers and others who are retaliated against for reporting unsafe practices.
Though worker safety should be motivation enough to comply with OSHA regulations, the fear of OSHA penalties is strong driver in ensuring regulatory compliance. But with no increases in penalties for over 25 years, the inflation-adjusted size of penalties has shrunk to the point that they were not much of a disincentive to violate the law.
Although most other government agencies had been required by the Federal Civil Penalties Inflation Adjustment Act (FCPIAA) to raise their penalties along with inflation, OSHA and the IRS had been prohibited from doing so. Section 701 of the 2015 Bipartisan Budget Act, signed into law on November 2, amends the FCPIAA to include OSHA, resulting in annual inflation-based civil monetary penalty adjustments under the OSH Act for the first time. The last time OSHA’s penalties were raised was back in 1990.
Section 701 of the 2015 Bipartisan Budget Act also requires OSHA to make an initial, catch-up adjustment to reach the current inflation level. This adjustment (about 150%) would go into effect no later than August 2016 through an interim final rulemaking. The Wall Street Journal reported that the maximum fines for the most severe citations could increase from $70,000 to $125,000. Over the next 10 years, this could increase revenue to the treasury (OSHA can’t keep the money) by $1.3 billion over 10 years.
New Exclusions for Solvent Recycling and Hazardous Secondary Materials
EPA’s new final rule on the definition of solid waste creates new opportunities for waste recycling outside the scope of the full hazardous waste regulations. This rule, which went into effect on July 13, 2015, streamlines the regulatory burden for wastes that are legitimately recycled.
The first of the two exclusions is an exclusion from the definition of solid waste for high-value solvents transferred from one manufacturer to another for the purpose of extending the useful life of the original solvent by keeping the materials in commerce to reproduce a commercial grade of the original solvent product.
The second, and more wide reaching of the two exclusions, is a revision of the existing hazardous secondary material recycling exclusion. This exclusion allows you to recycle, or send off-site for recycling, virtually any hazardous secondary material. Provided you meet the terms of the exclusion, the material will no longer be hazardous waste.
Learn how to take advantage of these exclusions at Environmental Resource Center’s live webcast where you will learn:
- Which of your materials qualify under the new exclusions
- What qualifies as a hazardous secondary material
- Which solvents can be remanufactured, and which cannot
- What is a tolling agreement
- What is legitimate recycling
- Generator storage requirements
- What documentation you must maintain
- Requirements for off-site shipments
- Training and emergency planning requirements
- If it is acceptable for the recycler to be outside the US
Orlando RCRA and DOT Training
Charlotte RCRA and DOT Training
Wilmington RCRA and DOT Training
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.
TimkenSteel Fined $400,000 After Worker Injured when 1,000-Pound Load Falls from Crane
A crane's safety latch failed and 1,000 lb of equipment fell on a man below and injured him as he worked on the factory floor of TimkenSteel Corp.
. The seven-year employee could not work for several months after the incident in which he fractured his left foot and broke several bones.
The agency issued eight repeated, eight serious and one other-than serious violation at the site.
"This worker is lucky to be alive," said Howard Eberts, OSHA's area director in Cleveland. "We also observed conditions where workers could have fallen or lost limbs. It is unacceptable that the company has repeatedly been cited for these same hazards. TimkenSteel's safety and health program has major deficiencies that need to be addressed immediately."
Investigators found workers were exposed to the following:
- Falls due to lack of guardrails, slippery surfaces and protective equipment
- Damaged equipment
OSHA also found the company did not report injuries and illness, as required.
TimkenSteel was established in 2014 as an independent subsidiary of the Timken Co. The parent company has been inspected 27 times since 2005, resulting in the issuance of 76 violations. The manufacturer of large steel bars and seamless mechanical tubing was mostly recently cited by OSHA in November 2014. Its Harrison steel plant melts, rolls, produces, and finishes steel, and its Gambrinus plant performs cold steel finishing.
DOT to Add Automatic Emergency Braking to List of Recommended Advanced Safety Technologies
The US Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) recently announced that beginning with model year 2018, the agency will update its 5-Star Rating System to include automatic emergency braking (AEB) as a recommended safety technology, providing consumers with new information on technology with the potential to prevent rear-end crashes or reduce the impact speed of those crashes by automatically applying the brakes.
“We are adding automatic emergency braking features to the 5-Star Rating System because crash-avoidance technologies can save lives and should be widely accessible,” said US Transportation Secretary Anthony Foxx. “AEB can substantially enhance safety, especially with the number of distracted drivers on the road.”
AEB systems work with or without driver intervention, by combining inputs from forward-looking radar and/or camera sensors and driver inputs to determine if a rear-end crash is likely to happen. Specifically, AEB technology includes two systems—crash imminent braking (CIB), which applies the brakes in cases where a rear-end crash is imminent and the driver isn’t taking any action to avoid the crash, and dynamic brake support (DBS), which supplements the driver’s braking input if the driver isn’t applying sufficient braking to avoid a rear-end crash.
“We’re putting the brakes on rear-end crashes,” said NHTSA Administrator Mark Rosekind. “Wherever possible, NHTSA will encourage and accelerate technological innovations that save lives.”
The decision is one of a series of steps NHTSA and DOT have undertaken to accelerate the spread of crash-avoidance technology. In September, NHTSA and the Insurance Institute for Highway Safety announced that 10 major vehicle manufacturers have committed to making AEB a standard feature on all new vehicles. NHTSA is also completing a proposal to require transmitters for vehicle-to-vehicle safety communications in new cars, and to identify and address potential obstacles to safety innovations within its existing regulations.
The list first included electronic stability control (ESC), forward collision warning, and lane departure warning. In 2014, when ESC became mandatory for all new light vehicles, NHTSA replaced ESC with another technology, rearview video systems. NHTSA intends to remove rearview video systems as a recommended technology in model year 2019, when the technology will be standard equipment on all new light vehicles.
Lorz Construction Fined $105,000 for Failing to Protect Workers from Falls
. OSHA initiated its investigation after a worker suffered serious injuries in a May 1, 2015, incident. The forklift platform he was working from at a West Fargo construction site tipped over, injuring his back and legs.
Lorz Construction failed to provide guardrails or fall protection equipment. The company also failed to ensure that forklifts supporting scaffold platforms were not moved while the platform was occupied, or that scaffolds were constructed scaffolds correctly. Lorz Construction was cited for similar hazards in 2014.
"Falls remain the leading cause of death and injury on construction sites. It is inexcusable for employers to not provide fall protection," said Eric Brooks, OSHA's area director in Bismarck. "Despite being previously cited for exposing workers to these hazards, Lorz Construction has yet to commit to its legal responsibility to protect workers on the job."
Proposed penalties total $105,000.
Workers at IPMF LLC Exposed to Dangerous Machine Parts
OSHA also found the company failed to:
"Workers risked injury each time they serviced this equipment," said Ann Grevenkamp, OSHA's area director in Madison. "Each year hundreds of workers are injured on the job because employers like IPMF fail to train them about hazards in the workplace. The company must evaluate its health and safety program to ensure workers are protected on the job."
Proposed penalties total $103,600.
Mass-Granite Inc. Faces $87,000 Penalty, Fails to Correct Violations
OSHA conducted a follow up inspection of the granite countertop manufacturer to verify the correction of hazards identified during a 2014 inspection. Mass-Granite, Inc., did not submit proof that the hazardous conditions had been corrected.
The follow up inspection identified several uncorrected hazards including: lack of a hearing conservation program for employees exposed to high noise levels, failure to implement testing to determine if employees had sustained hearing loss, lack of a chemical hazard communication program, and no markings on a forklift boom. The follow up inspection also found three hazards similar to those cited in 2014: failure to monitor employees’ exposure to high noise levels, an inadequate hearing conservation program, and improper electrical equipment in wet locations.
Finally, the follow up inspection identified numerous new hazards. Among them: unsafe storage of large granite pieces; lack of eye, hand, and head protection; not inspecting fire extinguishers; untrained forklift operators; unsafe forklift operation; a saw blade not guarded against contact; several electrical hazards; a missing stair railing; inadequately labeled containers of hazardous chemicals; inadequate training on hazardous chemicals; a locked exit door; and flammable material stored in an exit route.
Four failure to abate notices, three repeated violations, and 22 serious and other than serious violations were found.
“Mass-Granite, Inc., has repeatedly failed to provide a safe working environment for its employees. These new and recurring hazards expose Mass-Granite Inc. employees to potential hearing loss, crushing injuries, hazardous chemicals, eye, hand and face injuries, falls, fire, electric shock, lacerations, or amputation. Additionally, the company continues to put workers at risk of being unable to exit the workplace swiftly in the event of an emergency,” said Anthony Covello, OSHA’s area director for Middlesex and Essex counties.
Proposed penalties total $87,200.
Rockvale Construction LLC Exposes Workers to Dangerous Fall Hazards
The inspected worksite was located at 7 Meadow Ridge Road in Temple, Pennsylvania, where new multi-family residential construction is underway.
On September 15, 2015, an OSHA compliance officer observed forklift hazards and Rockvale employees exposed to fall hazards up to 26 feet, prompting the investigation.
OSHA issued the willful citations for the company’s failure to properly attach the forklift platform to the forks of the forklift and ensure employees were protected from fall hazards while working from the forklift platform and the roof.
Proposed penalties total $61,600.
“Since 2013, this is the third worksite in Temple where OSHA found Rockvale employees exposed to serious fall hazards. Despite previous citations, this company continues to disregard the safety standards in place to protect workers from falls, which are the leading cause of death in the construction industry,” said Kevin Kilp, OSHA's area director in Harrisburg.
M&A Excavating LLC Exposes Workers to Trenching Hazards
The inspected worksite was located on the 500 block of Main Street in Blandon, Pennsylvania. M&A was contracted by Maidencreek Township to install a new water line from the supply line to a residence.
On September 15, 2015, an OSHA compliance officer observed M&A employees working in an unprotected trench that was 5 feet 8 inches deep, prompting the investigation.
There was no means of exit from the trench, resulting in the repeat citation. Additionally, the serious citation was for excavated soil, or spoils, that was not kept at least two feet back from the excavation.
Proposed penalties total $57,400.
"M&A Excavating was cited for similar violations in 2011, and is fully aware of hazards involving unprotected trenches. However, this company continues jeopardizing employee safety by not implementing proper safety measures," said Kevin Kilp, OSHA's area director in Harrisburg. "An unprotected trench can collapse at any moment, and if an employee is in that trench, it may quickly become a grave. Proper cave-in protection is critical to saving lives. "
Cal/OSHA Wins Unprecedented Decision in Case Protecting Workers from Indoor Heat
The California Occupational Safety and Health Appeals Board (Appeals Board) has ruled in favor of Cal/OSHA’s 2012 citations against two employers because their Injury and Illness Prevention Programs (IIPP) failed to effectively address the hazard of indoor heat.
“This is the first case of indoor heat considered by the Appeals Board. In this case, the ruling affirms that California’s IIPP standard can be used to address hazards that the standard does not specifically identify, including indoor heat,” said Christine Baker, Director of the Department of Industrial Relations (DIR). Cal/OSHA, officially known as the Division of Occupational Safety and Health, is a division of DIR.
The IIPP is a basic written program that every employer must develop to comply with occupational safety and health standards and effectively train employees in recognizing hazards.
“California is the only state with an outdoor Heat Illness Prevention standard,” said Juliann Sum, Chief of Cal/OSHA. “Now all workers, including those who work indoors like warehouse workers, are protected from the hazard of heat.”
The case stemmed from the January 2012 serious citations Cal/OSHA issued to Tri- State Staffing (TSI), a temporary staffing agency, and warehouse operator National Distribution Center (NDC) for the heat illness suffered by an employee in August 2011. A serious violation is cited when there is a realistic possibility that death or serious harm could result from the actual hazardous condition.
On August 30, 2011, Domingo Blancas, a TSI employee hired to work in an NDC-operated warehouse, suffered heat illness while working inside a metal freight container with a temperature over 100 degrees. He reported his illness to his temp agency supervisor, who arranged for him to be transported to a local clinic by another employee who had also reported heat illness that day. The doctor at the clinic questioned if Blancas might be suffering from dehydration and referred him to the Emergency Room, but Blancas did not go to the ER and the next day he was hospitalized for three days due to heat stroke.
Both TSI and NDC were penalized $18,000 for failing to implement an effective IIPP. Both companies appealed the citations to an administrative law judge (ALJ). In March 2015 the ALJ issued its decision in favor of TSI and NDC, dismissing their citations. Cal/OSHA appealed that decision to the Appeals Board, stating the ALJ should have affirmed the citations because the employers had failed to effectively correct the hazard of indoor heat exposure, and had not trained employees on the hazard of indoor heat exposure and heat illness. The three-panel board agreed with Cal/OSHA and overturned the ALJ’s decision.
The decision also reinforces the fact that all employers have a responsibility for ensuring compliance with all Cal/OSHA standards, not just the employer in charge of the worksite.
OSHA Renews Alliance with the David L. Carrasco Job Corps Center to Promote Worker Safety and Health for Young Adults
The Job Corps program provides academic education classes and vocational training courses to young adults in a residential, tuition-free program. The one-year alliance signed November 2 will renew a commitment to increase access to material and knowledge that aims to promote understanding of the workplace safety and health rights and responsibilities of workers and employers. This renewed alliance allows the center to expand and enhance its training curriculum to provide fundamental safety and health awareness to students in and around the El Paso area who are embarking on careers.
"Since our alliance began more than seven years ago, Job Corps has been an excellent partner of the agency, communicating safety and health information to their staff and students and supporting OSHA's initiatives for workplace safety," said Diego Alvarado Jr., OSHA's area director in El Paso. "By recommitting to our collaborative efforts, we strengthen our ability to promote workplace safety and health to a new generation of workers between the ages of 16 and 24."
For information about forming an alliance or partnership, contact OSHA's El Paso Area Office at 915-534-6251.
SABIC of Columbus Receives VPP “Star” Recertification
SABIC in Columbus, Indiana, has received recertification for five years in the Indiana Voluntary Protection Program (VPP) as a “Star” worksite. Management and team leaders at SABIC have demonstrated exceptional commitment to communication and training in safety standards.
“VPP certification is not an easy achievement. Our VPP ‘Stars’ have shown real effort and dedication in keeping their workers healthy and protected from hazards,” said Indiana Department of Labor (IDOL) Commissioner Rick J. Ruble. “We congratulate SABIC, and we’re very pleased to continue working with management for worker safety and health excellence.”
SABIC’s Columbus location manufactures engineered thermoplastic material solutions in the form of plastic pellets. The facility operates seven days a week with 88 employees. Management and employees at SABIC have demonstrated commitment to safety with extensive training and ongoing learning for wellness, injury prevention, and emergency preparedness and response. The facility maintains a diverse communication system to encourage and utilize employee participation. Since 2011, SABIC has had one or less recordable workplace injuries per year.
Safety News Links
