Every year since 1996 OSHA has collected work-related injury and illness data from more than 80,000 employers. For the first time, the Agency has made the data from 1996 to 2007 available in a searchable online database, allowing the public to look at establishment or industry-specific injury and illness data.
OSHA uses the data to calculate injury and illness incidence rates to guide its strategic management plan and to focus its Site Specific Targeting (SST) Program, which the agency uses to target its inspections.
“Making injury and illness information available to the public is part of OSHA’s response to the administration’s commitment to make government more transparent to the American people,” said David Michaels, Assistant Secretary of Labor for OSHA. “This effort will improve the public’s accessibility to workplace safety and health data and ensure the Agency can function more effectively for American workers.”
The data is specific to the establishments that provided OSHA with valid data through the 2008 data collection (collection of CY 2007 data). This database does not contain rates calculated by OSHA for establishments that submitted suspect or unreliable data.
Brian Karnofsky Jailed for Muscular Dystrophy
Brian has been arrested and will be put in jail for the Muscular Dystrophy Association (MDA) lock-up. We need to collect $2,000 for the MDA to help bail him out. Your tax deductible donation will help MDA continue research into the causes and cures for 43 neuromuscular diseases.
If you enjoy reading the Safety Tip of the Week™, now is the time to help us give hope to kids and families that need our help.
Brian is the President of Environmental Resource Center. Many of you helped bail him out in 2007, 2008, and 2009, but he’s on his way back to jail this year. Don’t bother asking what crimes he’s committed—just know that we need your help bailing him out.
OSHA Wants Your Suggestions on Combustible Dust Rule
OSHA has scheduled two informal stakeholder meetings to solicit comments and suggestions on combustible dust hazards in the workplace. OSHA will use comments from these meetings in developing a proposed standard for combustible dust. The meetings are scheduled for February 17, 2010, at 9 a.m. and at 1:30 p.m., at the Marriott Perimeter Center, 246 Perimeter Center Parkway, Atlanta, Georgia, 30346.
Since 1980, more than 130 workers have been killed and more than 780 injured in combustible dust explosions. A February 7, 2008, explosion at an Imperial Sugar Co. plant in Port Wentworth, Georgia, killed 14 people and resulted in OSHA issuing nearly $8.8 million in penalties. OSHA is holding the meeting in Atlanta to make it easy for victims’ families and others with relevant information about this deadly incident to attend.
“Fourteen people were killed in a combustible dust explosion that was preventable. The deaths need to stop,” said Assistant Secretary of Labor for OSHA, David Michaels. “Information gathered from these meetings will help OSHA move ahead on this urgently needed standard and prevent more deaths from combustible dust explosions.”
Combustible dusts are solids ground into fine particles, fibers, chips, chunks, or flakes that can cause a fire or explosion when suspended in air under certain conditions. Types of dusts include metal (aluminum and magnesium), wood, plastic or rubber, coal, flour, sugar and paper, among others.
Those interested in participating must register by submitting a notice of intent to participate by February 3. Submissions can also be faxed to 781-674-2906. Faxed submissions should be labeled, “Attention: OSHA Combustible Dust Stakeholder Meeting Registration.” Submissions may also be mailed to ERG, Inc., 110 Hartwell Avenue, Lexington, Massachusetts, 02421; Attention: OSHA Combustible Dust Stakeholder Meeting Registration.
For general and technical information, contact David Wallis, OSHA, Office of Engineering Safety, at 202-693-2277.
Tandem Dump Trucks—Piston Failures
The Connecticut Interlocal Risk Management Agency has been alerted to a serious safety and accident hazard involving the failures of the dump piston assembly on tandem dump trucks, which are used often to stockpile sand for road treatment or during road work. In one instance the broken piston crashed through the roof of the truck cab, narrowly missing the truck operator. In two other incidences, the sudden failure of the piston caused dump body to slam down, endangering the lives of the operators and nearby workers. One truck actually rolled onto its side from the sudden shock of the snapping piston. Failures occurred when the trucks were in motion and while stationary.
Please follow these additional recommendations when operating the dump body:
- The driver should always wear a seatbelt while inside the truck cab.
- Visually inspect the dump piston before each use. If the piston is leaking, scored or cracked, take the truck out of service until it can be inspected by a qualified mechanic and repaired if needed.
- Release the tailgate before the dump body is raised.
- Dump material on level ground and use heavy machinery such as bulldozers or bucket loaders to stockpile the material.
- If a bulldozer or bucket loader is not available, make sure the truck is completely stopped before dumping the load.
- The operator should never get under a raised dump body.
- Always keep the loading area free of debris and unnecessary tools.
Given the potential for serious or fatal injuries in these cases, always follow manufacturer recommendations on truck maintenance, load capacity, and how the load should be dumped.
OSHA Guidance on Protecting Late-Night Retail Workers from Workplace Violence
According to Bureau of Labor Statistics’ data, 167 retail trade workers were killed in 2007. Nearly half of these were employed in late-night establishments such as gasoline stations, liquor, and convenience stores. Of these worker deaths, 39 killed were convenience store employees, 32 worked at gasoline stations, and 7 worked at liquor stores.
“The number of retail workers who died as a result of workplace violence has declined over the past 10 years—from 286 in 1998 to 167 in 2007. This decline is encouraging, but not good enough,” said Assistant Secretary of Labor for OSHA, David Michaels. “Workers should not go to work fearing they won’t live through the day.”
The violence prevention information presented in this document builds on OSHA’s Recommendations for Workplace Violence Prevention Programs in Late-Night Retail Establishments, published in 1998. The updated Recommendations identify risk factors and describe feasible solutions. Although not exhaustive, these workplace violence guidelines include policy recommendations and practical corrective methods to help prevent and mitigate the effects of workplace violence in late-night retail establishments.
First Conviction Under the Plant Protection Act
Economy Cash & Carry Inc., has pleaded guilty in U.S. District Court in El Paso, Texas, to a criminal violation of the Plant Protection Act related to the falsification of a required certificate stamp, the Justice Department and the Department of Agriculture (USDA) announced.
Previously Michael Sayklay, the former vice president of Economy Cash & Carry, pleaded guilty to a felony charge for falsifying stamps that certified wood pallets were heat-treated to prevent infestation, and were suitable for use in international transportation. In March 2006, Sayklay had the false stamp affixed to Economy Cash & Carry wood pallets, which were used to carry products back and forth across the U.S.-Mexican border.
At the hearing, Economy Cash & Carry was sentenced to pay a fine of $22,000. A sentencing date for Sayklay has not been set by the court.
USDA requires the heat treatment of wood pallets used in international transactions. The requirement is to prevent parasites and plant diseases from entering the U.S. in wood packaging materials. USDA began implementation of the heat treatment requirement of wood packing material in September 2005. Wood pallets that carry products transported within the United States are not required to be heat treated. This was the first criminal conviction under the new regulation.
Economy Cash & Carry utilizes wood pallets to transport food products and pharmaceuticals it sells in both the U.S. and Mexico. Sayklay was the warehouse manager for the El Paso-based company, and was expected to direct the transfer of products destined for Mexico from untreated pallets to treated pallets.
Instead, Sayklay created a copy of a stamp certification utilized by a legitimate wood pallet treating company. Sayklay had hundreds of untreated domestic pallets falsely stamped as if they were treated, saving the time to transfer products between pallets as well as the cost of treatment. However, the falsified stamp Sayklay used was smaller than the legitimate stamp.
Subsequently, other companies who received the fraudulently stamped pallets from Mexico, sent them to the legitimate stamp owner for repair. The legitimate stamp owner noticed the falsification and notified the government. A follow-up investigation by the USDA resulted in the seizure of fraudulently stamped pallets at the U.S.-Mexican border.
OSHA Proposes Recordkeeping Change to Include MSD Data
The rule does not change existing requirements for when and under what circumstances employers must record musculoskeletal disorders on their injury and illness logs.
Many employers are currently required to keep a record of workplace injuries and illnesses, including work-related MSDs, on the OSHA Form 300 (Log of Work-Related Injuries and Illnesses). The proposed rule would require employers to place a check mark in a column for all MSDs they have recorded.
The proposed requirements are identical to those contained in the OSHA recordkeeping regulation that was issued in 2001. Prior to 2001, OSHA’s injury and illness logs contained a column for repetitive trauma disorders that included noise and MSDs. In 2001, OSHA separated noise and MSDs into two separate columns, but the MSD column was deleted in 2003 before the provision became effective. OSHA is now proposing to restore the MSD column to the OSHA Form 300 log.
“Restoring the MSD column will improve the ability of workers and employers to identify and prevent work-related musculoskeletal disorders by providing simple and easily accessible information,” said Assistant Secretary of Labor for OSHA, Dr. David Michaels. “It will also improve the accuracy and completeness of national work-related injury and illness data.”
Comments must include the agency name and docket number for this rulemaking (Docket Number OSHA-2009-0044). The deadline for submitting comments is March 15. OSHA will hold a public meeting on the proposed rule March 9.
OSHA Cites Mueller Industries for Willful, Repeat, and Serious Safety and Health Violations, Proposes $683,000 Penalty
OSHA issued three Mueller Industries Inc. subsidiaries 128 citations for allegedly exposing workers to safety and health hazards. The privately-held corporation headquartered in Memphis, Tennessee, owns and operates 20 facilities located in eight states and two foreign countries.
OSHA began its investigation in July 2009 after a maintenance worker employed by Mueller Copper Tube Co. Inc., a subsidiary of Mueller Industries, was killed, and two other workers were injured when naphtha, a flammable liquid of hydrocarbon mixtures, leaked from an electric pump and ignited.
“Mueller Industries subsidiaries’ dangerous practices exposed workers at their facilities to a variety of hazards that ultimately took one worker’s life,” said Assistant Secretary of Labor for OSHA, Dr. David Michaels. “The significant fines of $683,000 cannot replace this worker’s life or bring peace to the family, but they will go a long way in letting this employer know disregarding worker safety and health will not be tolerated.”
Mueller Copper Tube has been issued willful, repeat, and serious citations. A willful citation with a penalty of $40,000 alleges the failure to repair a corroded live electrical disconnect, which exposed workers to electrical shock. Ten repeat citations with penalties of $150,000 allege failure to guard machinery; unsafe electrical equipment and practices; and failure to label hazardous chemicals. Sixty-nine serious citations, with proposed penalties of $223,500, allege unsafe cranes; fall hazards; unsafe ladders; blocked and inadequate exits; unsafe flammable liquid and compressed gas use and storage; locking out hazardous energy sources during maintenance and service; a lack of machine guards; unsafe electrical equipment and practices; and failure to establish a respiratory protection program.
The initial safety inspection at Mueller Cooper Tube was expanded to include Mueller Fittings LLC and Mueller Packaging LLC, two additional subsidiaries of Mueller Industries. Mueller Fittings has been issued 22 serious citations, with penalties of $64,000, alleging the failure to lock out energy sources, unsafe propane storage and handling, overexposure to noise, unsafe material storage, and the likelihood of exposure to bloodborne pathogens. Eight repeat citations also have been issued, with penalties of $102,500, alleging a lack of machine guarding, electrical hazards, and the inadequate labeling of hazardous chemicals.
Mueller Packaging has been issued 12 serious citations, with penalties of $28,000, alleging unsafe crane operation, failing to lock out sources of hazardous energy, hazardous chemical exposures, and overexposure to noise; five repeat citations, with penalties of $75,000, alleging an unsafe forklift modification, electrical hazards, and inadequate labeling under the hazard communication standard; and one other-than-serious violation, with no penalty, for an electrical deficiency.
OSHA Proposes Nearly $55,000 in Fines against Legacy Builders After Scaffold Collapse Injures Workers
OSHA has cited a Legacy Builders LLC of Quincy, Massachusetts, for 15 alleged serious violations of safety standards following the collapse of a ladder jack scaffold at a Boston, Massachusetts, worksite that injured four of its workers.
The company faces a total of $54,750 in fines after the August 5, 2009 incident, which took place at 86 Crispus Attucks Place in Boston’s Roxbury neighborhood.
OSHA’s inspection found that the ladder jack scaffold was overloaded beyond its rated weight capacity and erected with a damaged wooden work platform. Both the employees working on the scaffold and those performing shingling work on the roof were exposed to falls from 14 to 17 feet due to missing or inadequate fall protection safeguards and a lack of training in the recognition of fall protection and scaffold hazards.
Additional fall hazards stemmed from damaged, misused or inadequate extension ladders; no proper access to the scaffold work platform; improperly tied off lifelines and workers carrying bundles of roofing shingles while climbing ladders. Workers also lacked required head and eye protection.
“This case is a clear example of what can and does happen when adequate and effective scaffolding and fall protection are lacking at a jobsite,” said Brenda Gordon, OSHA’s area director for Boston and southeastern Massachusetts. “While it is fortunate that these workers were not killed, workplace safety cannot and must never be a matter of fortune. The lives and well-being of workers depend on complete, effective and continual adherence to standards meant to protect them against work-related hazards.”
OSHA issues serious citations when death or serious physical harm is likely to result from hazards about which the employer knew or should have known.
OSHA Proposes $57,000 in Penalties against Triangle Grading and Paving for Trench Safety Violations
OSHA is proposing $57,000 in penalties against Triangle Grading and Paving Inc. for safety violations that exposed its employees to cave-in hazards working at a trench in Fort Bragg, North Carolina.
The inspection was conducted in September 2009 and revealed that the Burlington, North Carolina, company violated OSHA standards by failing to provide workers with protection from cave-ins while they worked in a trench.
OSHA is proposing one willful citation with $50,000 in penalties for failing to protect employees working in an 8-foot deep trench with sufficient shoring and sloping to prevent a collapse. The agency defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.
Two serious violations with proposed penalties totaling $7,000 have been issued for failing to provide workers with a safe exit and to keep excavated soil at least two feet back from the edge of the excavation to prevent loose soil from falling into the trench. An OSHA violation is serious if death or serious physical harm can result from a hazard an employer knew or should have known exists.
“Triangle Grading and Paving has a history of trenching violations and is fully aware of required safety standards to protect its workers,” said Suzanne Street, OSHA’s area director in Raleigh. “This employer continues to put workers at risk by ignoring these safety standards.”
Although North Carolina is one of 22 states that operate their own job safety and health programs, under approval and monitoring by federal OSHA, this inspection was conducted by federal OSHA because the contractor was working on a federal installation.
OSHA standards mandate that all excavations 5 feet or deeper be protected against collapse.
Chemical Safety Board to Investigate Accidents at DuPont Chemical Facility in West Virginia
The U.S. Chemical Safety Board (CSB) voted to initiate an investigation of recent accidents at the DuPont chemical complex in Belle, West Virginia, following a recent release of highly toxic phosgene that fatally injured a veteran operator.
DuPont officials told the CSB that a braided steel hose connected to a one-ton capacity phosgene tank suddenly ruptured, releasing phosgene into the air. An operator who was exposed to the chemical was transported to the hospital, where he died the following day.
The phosgene release followed two other accidents at the same plant in the same week, including an ongoing release of chloromethane from the plant’s Hexazinone unit, which went undetected for several days, and a release from a spent sulfuric acid unit. The plant has announced that it will be shutting down a number of process units immediately for safety checks.
Speaking for the three-member board, Member William E. Wright said: “The Board is concerned by these releases, which had tragic consequences, and will proceed with an investigation to understand why these unfortunate events occurred.” Mr. Wright cautioned that the new case would likely delay efforts to complete other investigations that are being conducted by same investigative team, including those at the Bayer CropScience facility in Institute, West Virginia, and an Ohio environmental services company. Including DuPont, the CSB has 17 open investigations, the largest number in its 11-year history.
In voting to approve the investigation, the Board noted that the CSB was aware of six other releases from the plant since December 2006. The DuPont Belle complex is a large facility that is regulated under the EPA Risk Management Program and the OSHA Process Safety Management standard because of the volume and hazards of the materials it handles and the potential risk to workers and the community.
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