OSHA has issued a new rule addressing the use of cranes and derricks in construction, which will replace a decades-old standard. Approximately 267,000 construction, crane rental, and crane certification establishments employing about 4.8 million workers will be affected by the new rule.
“The significant number of fatalities associated with the use of cranes in construction led the Labor Department to undertake this rulemaking,” said Secretary of Labor Hilda L. Solis. “After years of extensive research, consultation and negotiation with industry experts, this long overdue rule will address the leading causes of fatalities related to cranes and derricks, including electrocution, boom collapse and overturning.”
The previous rule, which dated back to 1971, was based on 40-year-old standards. Stakeholders from the construction industry recognized the need to update the safety requirements, methods, and practices for cranes and derricks, and to incorporate technological advances in order to provide improved protection for those who work on and around cranes and derricks.
“The rule addresses critically important provisions for crane operator certification, and crane inspection, set-up and disassembly,” said Assistant Secretary of Labor for OSHA Dr. David Michaels. “Compliance with the rule will prevent needless worker injuries and death, and provide protection for the public and property owners.”
The new rule is designed to prevent the leading causes of fatalities, including electrocution, crushed-by/struck-by hazards during assembly/disassembly, collapse, and overturn. It also sets requirements for ground conditions and crane operator assessment. In addition, the rule addresses tower crane hazards, addresses the use of synthetic slings for assembly/disassembly work, and clarifies the scope of the regulation by providing both a functional description and a list of examples for the equipment that is covered.
In 2003, the Secretary of Labor appointed 23 experienced Cranes and Derricks Advisory Committee members representing manufacturers and trade associations, who met 11 times until a consensus on the regulatory text was reached in July 2004. The proposed rule was published October 9, 2008, and the public was invited to submit comments until January 22, 2009. Public hearings were held in March 2009, and the public comment period on those proceedings closed in June 2009. OSHA staff incorporated input from the public comments and testimony to develop the final regulatory text.
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Groups Demand Congressional Action to Take Out Toxics From Consumer Products
In front of a giant inflatable rubber duck meant to illustrate how even the simplest items can contain unsafe chemicals, a crowd of scientists, health professionals, parents, children and advocates participated in the July 29 “Race for the Cause” on the National Mall.
“The government’s authority to control chemicals, including those we know cause cancer, has not kept up with our scientific understanding, leaving the American public exposed and unprotected,” said Dr. Sarah Janssen of the Natural Resources Defense Council. “We need to take action to reduce the public’s exposure to unsafe chemicals like asbestos, hex chrome, vinyl chloride and formaldehyde. We need to fix the dated and broken law so the Environmental Protection Agency can take action on chemicals we know are unsafe, and the EPA and the public can get the information it needs to answer the questions about those we don’t.”
Each year, millions of Americans run or walk in support of research to find a cure for chronic ailments like breast cancer, asthma, autism, and colon cancer. What if we could also control toxic chemicals to keep people from getting sick in the first place? Thousands of untested chemicals lurk in a variety of products ranging from cleaning sprays, soaps and detergents to food packaging, furniture and upholstery, electronics, building materials, auto interiors and even clothing. Many have been linked to causing cancers and other diseases and there just isn’t enough information about the others due to Toxic Substances Control Act initially passed in 1976.
“By ensuring a safer, less toxic environment, we can improve our health and well-being while also reducing the costs borne by our health care system,” said Brenda Afzal of the Alliance of Nurses for Healthy Environments “We should seize this once-in-a-generation opportunity to improve our quality of life and reduce the burdens placed on families struggling with chronic disease.”
The House Subcommittee on Commerce, Trade, and Consumer Protection held a hearing today on the “Toxic Chemicals Safety Act” which would give the EPA many of the tools it needs to obtain more information about chemicals and take steps to reduce exposure to those that are unsafe. A similar bill, the Safe Chemicals Act, exists in the Senate.
“We need to end the ‘anything goes’ mentality when it comes to putting toxic chemicals in consumer products,” said Andy Igrejas, Director of the Safer Chemicals, Healthy Families coalition. “The pending bills in Congress would put common sense limits on chemicals that we know are hazardous, and also help those American companies that are working to make safer products in a world market that increasingly demands them.”
Rite Aid Agrees to Pay $1 Million to Settle HIPAA Privacy Case
Rite Aid Corporation and its 40 affiliated entities (RAC) have agreed to pay $1 million to settle potential violations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule, the U.S. Department of Health and Human Services (HHS) has announced. In a coordinated action, RAC also signed a consent order with the Federal Trade Commission (FTC) to settle potential violations of the FTC Act.
Rite Aid, one of the nation’s largest drug store chains, has also agreed to take corrective action to improve policies and procedures to safeguard the privacy of its customers when disposing of identifying information on pill bottle labels and other health information. The settlements apply to all of Rite Aid’s nearly 4,800 retail pharmacies and follow an extensive joint investigation by the HHS Office for Civil Rights (OCR) and the FTC.
The OCR, which enforces the HIPAA Privacy and Security Rules, opened its investigation of RAC after television media videotaped incidents in which pharmacies were shown to have disposed of prescriptions and labeled pill bottles containing individuals’ identifiable information in industrial trash containers that were accessible to the public. These incidents were reported as occurring in a variety of cities across the United States. Rite Aid pharmacy stores in several of the cities were highlighted in media reports.
Disposing of individuals’ health information in an industrial trash container accessible to unauthorized persons is not compliant with several requirements of the HIPAA Privacy Rule and exposes the individuals’ information to the risk of identity theft and other crimes.
“It is critical that companies, large and small, build a culture of compliance to protect consumers’ right to privacy and safeguard health information. OCR is committed to strong enforcement of HIPAA,” said Georgina Verdugo, director of OCR. “We hope that this agreement will spur other health organizations to examine and improve their policies and procedures for protecting patient information during the disposal process.”
The HIPAA Privacy Rule requires health plans, health care clearinghouses, and most health care providers (covered entities), including most pharmacies, to safeguard the privacy of patient information, including such information during its disposal.
Among other issues, the reviews by OCR and the FTC indicate that:
- Rite Aid failed to implement adequate policies and procedures to appropriately safeguard patient information during the disposal process;
- Rite Aid failed to adequately train employees on how to dispose of such information properly; and
- Rite Aid did not maintain a sanctions policy for members of its workforce who failed to properly dispose of patient information.
Under the HHS resolution agreement, RAC agreed to pay a $1 million resolution amount to HHS and must implement a strong corrective action program that includes:
- Revising and distributing its policies and procedures regarding disposal of protected health information and sanctioning workers who do not follow them;
- Training workforce members on these new requirements;
- Conducting internal monitoring; and
- Engaging a qualified, independent third-party assessor to conduct compliance reviews and render reports to HHS.
- Rite Aid has also agreed to external, independent assessments of its pharmacy stores’ compliance with the FTC consent order. The HHS corrective action plan will be in place for three years; the FTC order will be in place for 20 years.
$420,000 in Fines Proposed for Electrical Hazards at Mail Processing Facility
OSHA has cited the U.S. Postal Service (USPS) for six alleged willful violations of safety standards following an inspection at the White River Junction Processing and Distribution Center in White River Junction, Vermont. The Postal Service faces a total of $420,000 in fines, primarily for exposing workers to electrical hazards.
OSHA’s inspection, which began January 30, 2010, in response to worker complaints, found untrained or unqualified employees at the White River Junction distribution center routinely performing troubleshooting, servicing, voltage testing, and maintenance on or near live electrical equipment, such as mail sorting and cancelling machines. The machines had not first been deenergized and the workers also lacked personal protective equipment, insulated tools, and were not provided electrical lockout/tagout procedures to use.
“The conditions cited here exposed workers to the swift and potentially deadly hazards of electric shock, arc flashes and arc blasts,” said Assistant Secretary of Labor for OSHA Dr. David Michaels. “This large fine reflects both the gravity of these hazards and the Postal Service’s ongoing knowledge of and failure to correct them.”
As a result of its inspection, OSHA has issued six willful citations to the Postal Service for the conditions at the White River Junction facility. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.
The U.S. Department of Labor has filed an enterprise-wide complaint against the U.S. Postal Service for electrical work safety violations. The complaint asks the Occupational Safety and Health Review Commission to order the USPS to correct electrical violations at all its facilities nationwide. This complaint marks the first time OSHA has sought enterprise-wide relief as a remedy.
OSHA Cites Thermal Polymer Systems Following Workplace Fatality in Confined Space
OSHA has cited Thermal Polymer Systems LC of Angleton, Texas, following an explosion inside a permit-required confined space that killed one worker and injured two others.
“This company exposed its workers to the hazards of confined space entry,” said Mark Briggs, OSHA’s area director for the Houston South Area Office. “In this case, the ventilation system was not on to remove the flammable and toxic vapors of the primer being used by the employees, and the internal atmosphere of the tank was not being monitored with a combustible gas meter to alert the employees that the atmosphere was becoming toxic and inflammable.”
OSHA issued citations alleging four willful and 28 serious violations following an investigation that began January 28 when two workers were burned while applying primer inside a tanker trailer. One worker died and another remains hospitalized with burns to over 90% of his body. A third worker, the attendant monitoring the confined space in the event of an emergency, was blown off the tank when the vapors ignited.
The willful violations were for failing to eliminate and control hazardous atmospheres, such as flammable gas, through ventilation; complete confined space entry permits; use intrinsically safe lights in hazardous locations; and annually fit-test employees for respirator use.
Serious violations include failing to mark exits; ensure flammables storage areas had self-closing doors; conduct workplace hazard assessments; monitor, evaluate, and annually review and retain records for the confined spaces; implement a hearing conservation program, and secure compressed cylinders. A serious violation is one that could cause death or serious physical harm to employees when the employer knew or should have known of the hazard. Penalties for the violations total $161,600.
Over $250,000 in Proposed Fines Following Explosion
OSHA has cited Worthen Industries Inc., a Nashua, New Hampshire, manufacturer of glues and adhesives, and S.L. Chasse Welding & Fabrication Inc., a Hudson, New Hampshire, steel erection contractor, for alleged violations of workplace safety standards following a January 23 explosion at Worthen’s manufacturing plant on East Spit Brook Road. Combined penalties against the two employers total $257,500.
The explosion occurred when flammable vapors ignited while Chasse workers were installing a new motor on a vessel used in the plant’s manufacturing process. OSHA found that Worthen had not cleaned the vessel thoroughly enough to ensure the absence of flammable materials or vapors, and had not vented it prior to allowing welding to be performed. As a result, OSHA issued Worthen one willful citation with a proposed fine of $63,000.
“Welding should not have been permitted until all feasible steps had been taken to remove flammable materials and the potential for ignition,” said Rosemarie Ohar, OSHA’s area director for New Hampshire. “This problem combined with numerous additional safety and health hazards identified at the Worthen plant account for the sizable proposed fines.”
OSHA identified numerous other hazards at the plant including an incomplete and inadequate process safety management program, fall hazards from an unguarded mezzanine and floor openings, accumulations of ice on exit stairs, a variety of electrical hazards, lack of personal protective equipment and tools, an incomplete and inadequate respiratory protection program, inadequate chemical hazard communication, not conducting initial monitoring for employee exposure to formaldehyde and methylene chloride, and incomplete illness and injury logs. These conditions resulted in 48 serious and five other-than-serious citations for Worthen with $162,400 in additional fines. Worthen’s fines total $225,400.
S.L. Chasse was cited for inadequately training its workers to recognize potential chemical, fire, explosion or toxic release hazards and appropriate protective work practices, and allowing welding to be performed where a flammable atmosphere was present. Other citations addressed lack of fall protection and machine guarding, and incomplete injury and illness logs. These conditions resulted in eight serious and six other-than-serious citations, with $32,100 in fines for Chasse.
Multiple Hazards at Aircraft Parts Maker Lead to $139,680 in Proposed Fines
OSHA has cited Whitcraft LLC for 44 alleged serious violations of workplace standards at its Eastford, Connecticut, aircraft parts manufacturing plant. The company faces a total of $139,680 in proposed fines for fire, explosion, chemical, mechanical, and electrical hazards identified during comprehensive safety and health inspections of the plant begun in January 2010.
“These sizable fines reflect the breadth and gravity of the hazardous conditions identified during our inspection at this workplace, conditions which should not have existed in the first place,” said Paul Mangiafico, OSHA’s acting area director in Hartford. “For the safety and health of the plant’s workers, Whitcraft must address these issues promptly and comprehensively to eliminate them and prevent their recurrence in the future.”
The serious citations address numerous instances of unguarded or inadequately guarded moving machine parts that exposed workers to the risk of laceration, amputation or crushing injuries; electrical hazards including misused electrical equipment, lack of safe electrical work practices and personal protective equipment, and employees working on live electrical equipment; fire and explosion hazards stemming from combustible dust in improperly designed processing equipment and dust collection systems; combustible materials stored next to a heated press adjacent to an exit route; flammable liquids used in close proximity to ignition sources, and improper disposal of rags and swabs soaked with flammable liquids.
Additional hazards included inadequate fall protection and not conducting initial monitoring to determine employees’ exposure levels to hexavalent chromium.
OSHA Cites Marcum Transport for Workplace Safety and Health Hazards
OSHA has cited Marcum Transport trucking company for exposing workers to a variety of safety and health hazards at its Verdunville, West Virginia, facility. Proposed penalties total $73,500.
“It is the employer’s legal responsibility to ensure the safety of its employees in the workplace,” said Sue Barazi, acting director of OSHA’s area office in Charleston, West Virginia. “OSHA will continue holding employers accountable when they compromise worker safety and do not comply with the law.”
OSHA initiated its investigation May 13 in response to a complaint of noise exposure. As a result, Marcum Transport has been cited for 33 serious violations and one other-than-serious violation. The serious violations include improper machine guarding, inadequate personal protective equipment, a deficient hazard communication program, obstructed exit routes, electrical hazards, and deficient use of lockout/tagout devices for energy sources that prevent the inadvertent start-up of machines. The other-than-serious citation has been issued for recordkeeping violations.
OSHA Proposes $60,000 in Fines Against Contractor for Fall, Scaffolding, and Electrical Hazards
OSHA has proposed a total of $60,000 in fines against Homeland Builders Inc., a Fall River, Massachusetts, contractor for alleged repeat and serious violations of workplace safety standards following the agency’s inspection of an East Providence, Rhode Island, jobsite.
OSHA inspectors driving by a building under construction observed Homeland Builders workers exposed to apparent fall hazards and opened an inspection on the spot. OSHA found that the scaffold on which the employees were working lacked adequate guardrails and a safe means of access, and one leg of the scaffold was not set on a firm foundation, exposing workers to falls of up to 12 feet to the ground. In addition, the workers lacked eye and head protection, were using an unguarded grinder, and were exposed to electric shock hazards from cut and frayed electrical cords and ungrounded cords and equipment.
“These workers faced potential death or serious injury from these conditions, several of which were similar to those for which OSHA cited this employer in the past,” said Patrick Griffin, OSHA’s area director for Rhode Island. “While it is fortunate that no one was injured here, good luck is never an acceptable worker safeguard. For the safety and well-being of its workers, this employer must take effective, ongoing action to prevent these hazards from recurring.”
As a result of its findings, OSHA has issued Homeland Builders three repeat citations with $52,500 in fines for the fall, guardrail and eye protection hazards, and four serious citations with $7,500 in fines for the remaining items. The repeat citations stem from OSHA having cited Homeland Builders in 2007 and 2008 for similar hazards at jobsites in Braintree, Massachusetts, and Milford, Connecticut.
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