OSHA announced the forthcoming release of a final rule that streamlines and simplifies standards in accordance with OSHA’s Standards Improvement Projects (SIP) while reducing employer burdens. The rule, which soon will be published in the Federal Register, will help keep OSHA standards up-to-date and will better enable employers to comply with their regulatory obligations.
“The final rule is the third in OSHA’s Standards Improvement Projects initiative that periodically reviews OSHA regulations with the goal of improving and eliminating those that are confusing, outdated, duplicative or inconsistent,” said Assistant Secretary of Labor for OSHA, Dr. David Michaels. “OSHA estimates that the final rule, without reducing employee protection, will result in annual cost savings to employers exceeding $43 million and significant reductions in paperwork burden hours.”
These updates will be in line with the goals of the president’s Executive Order 13563, “Improving Regulation and Regulatory Review,” issued January 18 to simplify standards and reduce unnecessary regulatory burdens.
The rule will update OSHA’s standards and identify requirements for revision based on an agency review, comments from the public, and recommendations from an Office of Management and Budget report (Regulatory Reform of the U.S. Manufacturing Sector, 2005). It builds on the success of SIP-Phase I published June 18, 1998 and SIP-Phase II published January 5, 2005.
The new rule will result in several changes to OSHA’s existing respiratory protection standard, including aligning air cylinder testing requirements for self-contained breathing apparatuses with U.S. Department of Transportation (DOT) regulations, clarifying that aftermarket cylinders meet National Institute for Occupational Safety and Health (NIOSH) quality assurance requirements and clarifying that the provisions of Appendix D, which contains information for employees using respirators when not required under the standard, are mandatory if the employee chooses to use a respirator.
Other changes to result from the new rule will include updating the definition of the term “potable water” to be consistent with the current EPA standards instead of the former and outdated Public Health Service Corps definition, removing the outdated requirement that hand dryers use warm air because new technology allows employers to use hand-drying products that do not involve hot or warm air and removing two medical record requirements from the commercial-diving standard because that standard no longer requires medical examinations.
Updates also will include deleting a number of requirements for employers to transmit exposure and medical records to NIOSH, thus saving NIOSH significant costs to store and maintain the records. According to NIOSH, these records did not serve a useful research purpose. The slings standards also will be updated and streamlined by requiring that employers use only slings marked with manufacturers’ loading information.
There will not be any new requirements set by this rule, so employers will be able to comply with it immediately. Regulatory text on the SIP-Phase III final rule will be published in the Federal Register.
How to Prepare for OSHA Adoption of the GHS for Classification and Labeling of Chemicals
This means that virtually every product label, material safety data sheet (soon to be called “safety data sheet”), 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 MSDSs.
Environmental Resource Center is offering a 1-hour webcast to help you learn about how the new rule differs from current requirements, how to implement the changes, and when the changes must be implemented. The $99 webcast will be conducted on June 17 from 2:00 pm to 3:00 pm ET.
All of Environmental Resource Center’s webcasts on this topic held previously this year were completely sold out. Register early to ensure your spot in the June 17 session.
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OSHA Launches National Survey on Employer’s Safety and Health Practices to Help Guide Future Rules
. As many as 19,000 employers nationwide will receive the Baseline Survey of Safety and Health Practices, which asks questions about workplace safety and health management practices.
The survey will be sent to private sector employers of all sizes and across all industries under OSHA’s jurisdiction. Questions include whether respondents already have a safety management system, whether they perform annual inspections, who manages safety at their establishments, and what kinds of hazards they encounter at their facilities. Participation in the survey is voluntary.
The survey is accompanied by a cover letter from Assistant Secretary of Labor for OSHA, Dr. David Michaels. Contact information for OSHA and its contractor, Eastern Research Group (ERG), is included for respondents who have questions about the survey. They will receive a paper copy of the survey that can be filled out and returned to ERG and the option to complete it online. Only those who receive a paper copy of the survey will be able to complete the online version.
The agency expects the data collection phase to be completed by August. ERG will provide the results—which will be anonymous and cannot be used for enforcement—to OSHA.
OSHA published a notice of its intent to conduct the survey in the Federal Register on August 12, 2010. Following a 60-day comment period, as required by the Regulatory Flexibility Act, OSHA published a second Federal Register notice for comments on November 3, 2010, and received clearance from the Office of Management and Budget to conduct the survey. A pre-test with a sample of employers was conducted in April 2011.
Administrative Law Judge Upholds OSHA Citation Issued to Caterpillar Logistics Services
An administrative law judge with the Occupational Safety and Health Review Commission (OSHRC) in Denver, Colorado, has affirmed an other-than-serious safety citation issued to Peoria-based Caterpillar Logistics Services by OSHA in June 2009. The company was cited for failing to record a worker’s musculoskeletal disorder on the company’s OSHA 300 log and assessed a proposed penalty of $900.
“Musculoskeletal disorders are very prevalent and are significant workplace injuries and illnesses,” said Assistant Secretary of Labor for OSHA, Dr. David Michaels, who praised the decision. “It is imperative that these types of work-related illnesses are logged appropriately so workers and managers are made aware of them as well as their causes, and so that we can all learn how to better protect workers. By working together, OSHA, along with business leaders, union representatives and workers, can improve conditions and processes to prevent injuries and illnesses for all our nation’s workers.”
The citation was issued after an OSHA investigation determined that the company had failed to record a work-related musculoskeletal illness, epicondylitis, on the company’s OSHA 300 log. Caterpillar contended that the employee’s epicondylitis was not work-related.
Administrative Law Judge Patrick Augustine noted that, in order to be recordable, “an employee’s work activities do not have to be the cause, but rather a cause of injury or illness,” and determined that the preponderance of evidence showed the employee’s work activities were at least a contributing, if not the sole, cause of the employee’s epicondylitis.
OSHRC is an independent federal agency created to decide contests of citations and/or penalties resulting from inspections of American workplaces by OSHA. An employer that is cited by OSHA for an alleged workplace health or safety violation can contest a citation and have the case heard by a commission administrative law judge, who ultimately issues a decision. The decision can then be appealed to the commission, whose members are presidential appointees.
$1.2 Million Fine for Exposing Workers to Asbestos without Protection
OSHA has issued penalties totaling $1,247,400 to AMD Industries, Inc., in Cicero, Illinois after five unprotected and untrained workers allegedly were required to conduct asbestos removal exposing them to this cancer-causing material.
“AMD failed in its duty to protect the health and safety of its workers,” said Secretary of Labor Hilda L. Solis. “Such disregard will not be tolerated by the Labor Department. No one should risk serious illness or death to earn a paycheck.”
OSHA investigators found that AMD Industries had commissioned a safety audit of its Cicero facility in 2002, which uncovered the presence of asbestos-containing materials on boilers, heating units, and connected piping. In November 2010, the company began an asbestos removal project using in-house and untrained workers. Illinois EPA became aware of the work and asked the Illinois Attorney General’s Office to proceed with an enforcement action for the improper removal, handling, and disposal of asbestos-containing material. An agreed order was entered into by the company to implement a program to remediate the asbestos contamination. Workers allegedly were exposed to materials containing 20-50% asbestos.
“Asbestos exposure can be deadly,” said Assistant Secretary of Labor for Occupational Safety and Health, Dr. David Michaels. “AMD Industries knew it was assigning workers to asbestos removal work and failed to take the most basic safety precautions. This employer did not provide protective respirators or even warn the workers of the risk to their health from removing the material.”
OSHA issued 15 willful citations, with proposed penalties of $945,000, for the employer’s failures to provide the employees engaged in the hazardous work with the proper training, and protective clothing and equipment. Proper protective clothing is required to make sure employees do not carry asbestos fibers outside of the facility and into their cars and homes.
Additionally, AMD Industries was fined $252,000 for four willful violations for the following alleged failures: to identify or inform workers of the location and quantity of asbestos, to monitor airborne concentrations of asbestos, to use high-efficiency particulate air vacuums and wet methods to control the dust, and to promptly and properly dispose of asbestos-contaminated waste.
A willful violation exists when an employer has demonstrated either an intentional disregard for the requirements of the law or plain indifference to employee safety and health.
OSHA also issued eight serious citations, with proposed fines of $50,400, for failing to implement a respirator protection program, failing to use engineering controls and work practices for Class I asbestos work, not conducting asbestos work in regulated areas, and failing to provide hygiene facilities for workers removing the dangerous material. 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.
This investigation falls under the requirements of OSHA’s Severe Violators Enforcement Program. Initiated in the spring of 2010, the program focuses on recalcitrant employers that endanger workers by committing willful, repeat, or failure-to-abate violations.
OSHA Cites Pipe Manufacturer Following Worker Death
OSHA cited Welspun Tubular, LLC, with one willful and two serious violations following the death of a worker at the company’s Little Rock, Arkansas facility.
“This company has been cited by OSHA twice in a six-month period for jeopardizing the safety of its employees,” said Carlos Reynolds, director of the agency’s Little Rock Area Office. “It is tragic that the employer’s negligence has resulted in the death of a worker.”
OSHA’s Little Rock office initiated a safety inspection on December 22, 2010, at the company’s facility on Frazier Pike following a report that a worker was crushed to death by being caught between two pipes on a conveyor. The Mumbai, India-based company is a worldwide pipe manufacturer that employs more than 20,000 workers globally, with about 400 at the Little Rock facility.
The willful citation was issued for failing to provide the required machine guarding to ensure workers are protected from being caught between pipes on a conveyor while the pipes are being manufactured.
Serious safety violations include failing to ensure open floor holes were repaired to protect workers from falling.
Based on a separate inspection in January, that preceded this fatality, OSHA cited Welspun Tubular for serious and other-than-serious safety and health violations for a variety of workplace hazardous conditions. Those violations carried penalties totaling $88,000.
For the violations cited following the latest inspection, proposed penalties total $82,100.
OSHA Cites Meat Processing Facility for Serious, Repeat Violations
OSHA has issued four serious and one repeat citation to Sam Kane Beef Processor, Inc., following an inspection at the company’s facility in Corpus Christi,Texas where multiple safety hazards were found. Proposed penalties total $61,000.
“This company exposed its employees to preventable workplace safety hazards,” said Michael Rivera, OSHA’s area director in Corpus Christi. “OSHA standards must be followed in order to avoid injuries and fatalities.”
OSHA’s Corpus Christi Area Office initiated a safety and health inspection on December 2, 2010, at the company’s facility on Leopard Street. Sam Kane Beef Processor, which employs about 800 workers in Corpus Christi, slaughters cattle and processes beef for sale.
Serious violations include failing to ensure the safe and proper use of step ladders, to keep floor surfaces free of water to prevent slipping or sliding, and to provide an adequate and timely emergency response plan for night shift workers.
A repeat citation was issued for failing to provide guardrails for work areas more than 4 feet above the ground. 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. In March 2010, the company was cited for a similar violation with penalties of $2,250.
Excavation Company Fined $54,000 Following 2 Worker Injuries
All American Concrete, Inc., in Largo, Florida has been cited by OSHA for two safety violations following an incident that injured two workers who were installing a storm water culvert at 27 Avenue and Park Street in St. Petersburg. Proposed penalties total $53,900.
In February, a bucket was removed from a back hoe and placed at the edge of an excavation. Two employees were working in the excavation when the bucket fell into the trench, crushing the leg of one worker and bruising the back of another.
The company was cited for one willful safety violation, with a penalty of $49,000, for failing to slope the excavation correctly. Management had prior knowledge of the OSHA requirements related to trenching and excavation hazards.
All American Concrete also was cited for one serious safety violation related to the incident, with a penalty of $4,900, for allowing the bucket to be at the edge of an excavation where it could pose a hazard by falling or rolling into the excavation.
“This employer knew OSHA’s rules with regard to excavations and trenching but chose to cut corners to save time, exposing the workers to potential injury or death,” said Les Grove, OSHA’s area director in Tampa.
OSHA Cites Iron Foundry for Safety and Health Hazards
OSHA cited Domestic Casting, Inc., LLC, for exposing workers to safety and health hazards at its Shippensburg, Pennsylvania facility. Proposed penalties total $44,300.
OSHA initiated an inspection on February 22 as part of its Site-Specific Targeting Program, which focuses on industries with high injury and illness rates. As a result, the company was cited for four repeat violations, with a penalty of $18,400, and nine serious violations, with a penalty of $25,900. The employer also was cited for four other-than-serious violations, which carry no penalty.
“Each of these violations left foundry workers vulnerable to hazards that could cause serious injuries and possible death,” said Kevin Kilp, director of OSHA’s Harrisburg, Pennsylvania, area office. “It’s vital that the company correct these hazards to protect its employees.”
The repeat violations include a lack of guardrails on work platforms greater than 4 feet above the ground, a lack of eyewash and shower, and unguarded machinery.
The serious violations include open pits with no covers, a lack of handrails on stairways, a lack of or inadequate energy control procedures, a lack of energy control training, a lack of machine guarding, and a lack of guarding for live electrical parts.
The other-than-serious violations include disorderly and unsanitary conditions, a lack of gauges and alarms on a spray booth, insufficient clearance around electrical equipment, and inadequate testing of fire extinguishers.
NAVFAC NW Earns OSHA Star
OSHA has recognized the management and employees at Naval Facilities Engineering Command Northwest, also known as NAVFAC NW, headquartered in Silverdale, Washington for their achievement in employee safety and health programs at Bangor, Naval Station Kitsap, Keyport, Everett, Indian Island, and Whidbey Island. NAVFAC NW has been designated as a Star site, the highest honor available in OSHA’s Voluntary Protection Programs (VPP).
NAVFAC NW operates Navy public works departments that plan, design, and contract construction projects and engage in warehousing, steam production, facilities maintenance, waste collection, and disposal. Approximately 1,000 employees work for NAVFAC NW.
“NAVFAC NW has demonstrated that a systematic approach to safety involving labor and management working together in a cooperative manner can be extremely successful,” said Dean Ikeda, OSHA regional administrator in Seattle. “Adopting a cooperative approach has significantly reduced hazards and consequently reduced injuries.”
The VPPs recognize private and federal worksites with effective safety and health management systems that have maintained injury and illness rates below national Bureau of Labor Statistics averages. Management, labor, and OSHA work cooperatively and proactively to prevent fatalities, injuries, and illnesses through a system focused on hazard prevention and control, worksite analysis, and training. Union support is required for applicant worksites where employees are represented by a bargaining unit. Participating worksites are exempt from OSHA programmed inspections while they maintain their VPP status.
OSHA Fines Rite Aid Pharmacy $60,500 for Blocked Emergency Exits
OSHA cited Rite Aid Pharmacy for one alleged willful violation of workplace safety standards relating to blocked emergency exits at the chain’s store located at 16321-43 Pitkin Ave., in Brooklyn, New York. The agency has proposed a $60,500 fine.
On November 30, 2010, an OSHA inspector found two of the store’s emergency exits blocked by filled totes and wooden crates, and informed management that the exits must not be blocked. Upon returning to the store on December 2, the inspector observed one of the exits blocked again, this time by boxes and a hand truck.
“The sizable fine proposed here reflects both the seriousness of this hazard and management’s knowledge of its existence,” said Kay Gee, OSHA’s area director for Manhattan, Brooklyn, and Queens. “There is nothing arcane or complex about the need for clear and immediate access to exits in the event of a fire or other emergency. An obstructed exit can delay evacuation at a time when every second counts and workers’ lives and well-being are at risk.”
“One means of addressing and eliminating such hazards is by establishing and maintaining an effective illness and injury prevention program, through which management and workers proactively identify and eliminate hazardous conditions on a continual basis,” said Robert Kulick, OSHA’s regional administrator in New York.