“Accurate records are not simply paperwork, but have an important, in fact life-saving purpose,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “They will enable employers, employees, researchers and the government to identify and eliminate the most serious workplace hazards—ones that have already caused injuries and illnesses to occur.”
The proposed amendments add no new compliance obligations; the proposal would not require employers to make records of any injuries or illnesses for which records are not already required.
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
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.
Birmingham RCRA and DOT Training
Indianapolis RCRA and DOT Training
Richmond RCRA and DOT Training
Steel Roller Fatally Crushes Maintenance Worker at D.R. Diedrich & Co. Ltd.
Proper safety guards would have stopped a 1,500 lb steel roller before it crushed and killed a 59-year-old maintenance worker, but his employer did not use them, an OSHA inspection has found.
D.R. Diedrich & Co. Ltd., a Milwaukee leather manufacturer, failed to use devices that would have stopped the roller on a tanning machine from moving during service and maintenance. The man was inspecting the machine's bearing when the tragedy occurred in February 1, 2015. He suffered fatal head and neck injuries as a result. The man had been with the company for 13 years.
The agency cited a willful violation because D.R. Diedrich failed to prevent unintentional operation of machines during service and maintenance. A willful violation is one committed with intentional, knowing or voluntary disregard for the law’s requirement, or with plain indifference to worker safety and health. An OSHA violation is serious if death or serious physical harm could result from a hazard an employer knew or should have known exists.
"Too often, we cite companies that ignore machine hazards in the hope that a tragic death like this one can be avoided," said Christine Zortman, OSHA's area director in Milwaukee. "Machine hazards are among the most frequently cited by OSHA. Manufacturer-installed guards and industry-standard locking devices protect workers from operating machinery. Yet, each year thousands of workers are injured or killed because employers ignore machine hazards and do not train workers on safety procedures."
Inspectors noted 19 serious safety violations at the Milwaukee facility, including:
- Lack of machine guards
- Not training workers on machine safety procedures or evaluating procedures annually
- Absence of electrical safety work practices, including exposing workers to energized parts, and failing to provide barriers and protective clothing to prevent workers from contacting live electrical parts and improper wiring
- Failing to install standard railings to guard against falls of up to 5 feet from platforms and floor openings
- Annual audiograms for workers exposed to an average of 85 decibels annually were delinquent
- Not evaluating and providing training for confined space hazards, such as chrome tanks
D.R. Diedrich is a manufacturer of tanned leather for use in the automotive, furniture, and shoe industries. The company has about 130 employees.
Jasper Contractors Fined $140,000 for Repeatedly Exposing Workers to Dangerous Falls, other Hazards
The inspection was initiated on March 4, 2015, after the agency received two complaints concerning employees working on a residential roof without safety protection.
During recent inspections in August and December 2014, OSHA inspectors observed workers of Jasper Contractors atop roofs at jobsites on Heather Grove Lane in Jacksonville and Shelley Drive in Green Cove Springs without fall protection. As a result, the Jacksonville contractor received seven citations, carrying proposed penalties of $186,200. The company has contested OSHA’s findings and will be mediating these and other contested citations before an Administrative Law Judge of the Occupational Safety and Health Review Commission.
Since 2007, Jasper has been inspected 15 times, resulting in 37 citations. The violations include willful, serious, and repeat classifications for a lack of fall, eye and face protection and ladder safety. A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule, or order at any other facility in federal enforcement states within the last five years.
Proposed penalties total $140,000.
“Jasper’s management officials have been trained and know OSHA’s standards for protecting workers while performing roofing activities, but we continue to find this employer ignoring safety regulations and putting its employees at risk of death,” said Brian Sturtecky, OSHA’s area director in Jacksonville.
Shoreline Foundation Inc. Exposes Workers to Drowning, Fall, and Impalement Hazards
Proposed penalties total $112,500.
Shoreline Foundation, Inc., was issued an additional 15 safety violations, with $83,600 in proposed penalties, in June 2015.
"This is Shoreline's third inspection within the past two years at this jobsite and we are still finding serious safety and health hazards," said Condell Eastmond, OSHA's area director in Ft. Lauderdale. "Worker safety is not an option, and management must take immediate action to address the workplace hazards that have been identified before an employee is seriously injured or killed."
Southcross Energy Partners GP LLC Fined $112K for 7 Safety Violations
On January 20, a pressure-relief device operated by Southcross Energy Partners GP, LLC, released flammable gas and liquid into the atmosphere; it burned for more than two hours. The violations included failing to train operators, update operating procedures, conduct a management of change analysis when changing software and hardware, conduct periodic inspections and document inspections on emergency shutdown devices. Proposed penalties total $112,000.
"Preparation is critical for safe workplaces," said Michael J. Rivera, OSHA's area director in Corpus Christi. "Managing worker safety by finding and fixing hazards is the employer's responsibility, but Southcross Energy failed to provide an adequate plan. This situation could have been deadly. Thankfully no one was injured."
Joseph Campione Inc. Fined $85,800 after Worker’s Hand Catches in Packaging Machine
A 30-year-old temporary employee required extensive surgery after suffering burns and lacerations of tendons and ligaments in her right hand after she used a cutting and sealing machine at a frozen bread manufacturer that supplies products to Costco Wholesale Corp., IGA, Piggly Wiggly, and others.
OSHA inspectors found that Joseph Campione, Inc., a food distributor in Oak Creek, ignored safety requirements to protect workers from moving machine parts.
The agency issued one willful and four serious safety violations to the company on July 22, citing the company for failing to protect workers from machinery hazards. OSHA has proposed fines of $85,800.
“Thousands of workers are injured each year because manufacturers fail to recognize machine hazards. No worker’s shift should end with a hospital stay,” said Christine Zortman, OSHA’s area director in Milwaukee.
In its January 27, 2015, inspection, OSHA found that the company’s machinery lacked adequate guards. Additionally, procedures to prevent unexpected machine movement, such as using blocking and locking devices, were not in place.
BWay Corp. Fined $84,000 for Exposing Workers to Combustible Dust, Corrosive Chemicals
. A repeat violation involves failing to ensure workers would not be exposed to electrical shock from live electrical parts. OSHA proposed $84,000 in fines.
"Failing to maintain electrical equipment, provide personal protective equipment for corrosive chemicals, and control accumulations of combustible dust are serious safety and health hazards with severe consequences for exposed employees," said Casey Perkins, OSHA's area director in Austin. "Fortunately this inspection has addressed the issues and prevented some potentially severe injuries."
Georgia Metal Fabrication Installer Fails to Protect Workers from Dangerous Falls
Wayne Ansley, doing business as Ansley Metal Fabrication and Repair, in Cairo, Georgia, was cited by OSHA on July 27, 2015. At the time of the inspection, workers were installing metal roofing panels on a new structure.
The willful citation was issued for exposing workers to fall hazards up to 30 feet by not ensuring employees were properly utilizing fall protection equipment. The serious violations involves failing to provide fall protection training for employees. Proposed penalties total $53,900.
“Ansley management admitted they know the fall protection requirements and had all the equipment for employees to perform their duties safely. However, the work site supervisor chose not to enforce the standard, leaving workers unprotected from a deadly fall,” said Robert Vazzi, director of OSHA’s Savannah Area Office.
Contract Filling Inc. Cited for Fire and Explosion Hazards
Proposed penalties total $50,400.
"The numerous safety hazards found at Contract Filling’s facility exposed employees to the dangers of potentially fatal fires, which is unacceptable,” said Kris Hoffman, OSHA's area director in Parsippany. "This company must strengthen and improve its chemical safeguards to prevent a life-threatening incident."
Oak Creations Worker Dies after Acute Exposure to Wood Dust
A 55-year-old finish sander died at Oak Creations, Inc., after acute exposure to wood dust during his 15 years with the company.
After Tom Hegg's death on January 13, 2015, OSHA inspected the Columbus-based business. OSHA inspectors found 21 serious safety violations that exposed workers to respiratory hazards, fire, explosion, and amputation.
"Oak Creations could have implemented simple, common-sense measures to provide a safe workplace for employees," said Eric Brooks, OSHA's area director in Billings. "The best way to honor Mr. Hegg is to ensure that his colleagues have a safe place to work."
OSHA's citations include:
- Inadequate guarding for shafts, belts, and pulleys
- Insufficient housekeeping to address accumulating combustible wood dust
- Multiple electrical violations
- Failing to evaluate respiratory hazards
- Not developing a written hazard communication program
Investigators also cited Oak Creations for failing to provide employees with information on respirators and for inadequate marking of fire exits.
The proposed fine for the company is $50,000.
Clemco Industries Inc. Exposed Workers to Amputation Hazards
OSHA's St. Louis Area Office issued 10 serious and one other-than-serious safety and health violations to the Clemco Industries, Inc., in Washington, Missouri, on July 24. The company manufactures abrasive blasting equipment such as hoods, valves, and hoppers and employs about 150 workers.
The serious violations include:
- Not training employees about machine safety procedures and hazards
- Failing to inspect ropes and chains monthly
OSHA issued one other-than-serious violation for failing to label containers of bio-hazardous materials. Proposed penalties total $46,800.
"Thousands of workers suffer lacerations, amputations and fractures each year because they come in contact with operating parts of machinery," said Bill McDonald, OSHA's area director in St. Louis. "The use of manufacturer installed and common-sense safety procedures can prevent these injuries. Clemco Industries needs to review its programs to keep its workers safe."
Zareena Investments Inc. Failed to Correct OSHA Violations
The inspection was opened after the company failed to provide documentation to show they had corrected violations cited on a July 17, 2014, safety and health inspection.
OSHA proposed $46,200 in fines.
"When hazards are identified they need to be corrected," said Alejandro Porter, OSHA's area director in San Antonio. "It is the employer's responsibility to find and fix the hazards that can injure or cost a worker his or her life."
MIOSHA, Michigan Green Industry Association Form Alliance to Protect Workers
The Michigan Green Industry Association (MGIA) and Michigan Occupational Safety and Health Administration (MIOSHA) recently formed an alliance to provide MGIA members and others with information, guidance, and access to training to reduce and prevent exposure to workplace hazards. The MIOSHA program is a part of the Michigan Department of Licensing and Regulatory Affairs (LARA).
The new alliance, which is effective for three years, formalizes a working relationship between the MGIA and MIOSHA in which both parties work to raise awareness of MIOSHA’s rulemaking and enforcement initiatives, provide training and education, and enhance communication and outreach related to worker protection.
“MIOSHA is thrilled to have the opportunity to work collaboratively with the Michigan Green Industry Association—an organization that clearly recognizes the importance of advancing workplace safety and health for Michigan’s working men and women,” said MIOSHA Director Martha Yoder.
Key goals of the alliance include:
- Sharing information on OSHA and MIOSHA’s emphasis programs, regulatory agenda, and opportunities to participate in the rulemaking process.
- Sharing information on occupational safety and health laws and standards
- Participating in forums, roundtable discussions, or meetings to help forge innovative workplace safety solutions
- Encouraging worker participation in workplace safety and health
- Developing effective training and education programs
- Developing information on the recognition and prevention of workplace hazards, and enhancing communication of this information
"We are proud to sign this alliance agreement with MIOSHA,” said Diane Banks, Executive Director of the Michigan Green Industry Association. “This proactive partnership between labor, the green industry and government can save lives by ensuring workplace safety.”
MIOSHA alliances enable organizations committed to workplace safety and health to collaborate with MIOSHA to prevent workplace injuries and illnesses. Alliances are open to all groups, including trade or professional associations, businesses, labor organizations, educational institutions, and government agencies.
There are many benefits to participating in an alliance with MIOSHA, including:
- Building trusting, cooperative relationships
- Networking with others committed to workplace safety and health
- Exchanging information about best practices
- Leveraging resources to maximize worker safety and health protection
MGIA promotes education and certification to its members and has set high standards of professionalism and business integrity for Michigan’s green industry contractors. MGIA provides more than 800 members with the latest information on new methods, treatments, and technologies that help the landscape thrive.
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