OSHA has reopened the public record on a proposed rule to revise the Occupational Injury and Illness Recording and Reporting Requirements regulation. Notice of the reopening was published May 17 in the Federal Register.
The purpose of reopening the record is to allow interested individuals to comment on the small business teleconferences that OSHA and the Small Business Administration’s Office of Advocacy co-sponsored on April 11 and 12, and on the issues raised during the teleconferences. OSHA held the teleconferences to gather information from representatives of small businesses about their experiences recording work-related musculoskeletal disorders and how they believe they would be impacted by OSHA’s proposed rule. The public is invited to submit comments by June 16, 2011.
On January 29, 2010, OSHA proposed to revise its Occupational Injury and Illness Recording and Reporting Requirements regulation to restore a column to the OSHA 300 log that employers would have to check if an incident they already have recorded under existing rules is a Muscular Skeletal Disorder (MSD). The proposed rule would not change the existing record-keeping requirements about when and under what circumstances employers must record work-related injuries and illnesses. The only additional requirement the proposed rule would impose is for an employer to mark the MSD column box on the OSHA 300 log if a case it already has recorded meets the definition of an MSD.
“OSHA is eager to hear from the public on this, and every, proposed rule,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “The more feedback the agency receives from small businesses on this topic, the better informed we will be in crafting a proposed regulation that protects workers without overburdening employers.”
Under the existing regulation, employers already must determine whether a case is recordable—that is, whether the case meets the definition of “injury or illness,” is a new case, is work-related, and meets at least one of the recording criteria. Examples of recording criteria are days away from work, restricted work, and medical treatment beyond first aid. The proposed rule would define an MSD, for record-keeping purposes only, as a disorder of the muscles, nerves, tendons, ligaments, joints, cartilage, or spinal discs that was not caused by a slip, trip, fall, motor vehicle accident, or similar accident.
OSHA estimates that 1.505 million recordable MSDs are expected to occur annually among 1.542 million affected establishments and that the annualized costs of the proposed rule would be $1.7 million per year for all affected establishments combined.
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 from 2:00 pm to 3:00 pm ET on the following dates:
- June 2nd
- June 17th
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 one of the remaining sessions.
Advertising Opportunities Available
New OSHA Directive on Confined and Enclosed Spaces and Other Dangerous Atmospheres in Shipyard Employment
The updated instruction provides information and guidance to support intervention and inspection programs related to shipyard employment. The instruction:
- Supports DOL’s Strategic Plan for increased emphasis on improving occupational safety and health in all industries, including shipyard employment.
- Provides OSHA compliance officers and consultants and other interested government and industry parties with information to support confined and enclosed spaces and other dangerous atmospheres intervention efforts and to minimize employee exposure to hazards.
- Supports the Site-Specific Targeting (SST) program for the shipbuilding and ship repairing industries, and the National Emphasis Program (NEP) on Shipbreaking.
This instruction has been revised and updated to include several significant changes:
- Updates references and directives to include new documents and the current version of documents previously listed.
- Delivers available shipyard employment safety and health information in a web-based format with additional electronic links to noted references.
- Includes six flowcharts in Appendix A for easy reference. These flowcharts were previously developed and posted on OSHA’s website to clarify the logical process for determining compliance with 29 CFR 1915, Subpart B requirements.
- Revises the format of the instruction to comply with current Agency procedures.
Businesses Fighting Workplace Safety Citations in Washington Must Fix Hazards During an Appeal
Each year, hundreds of workplace hazards across Washington state are left uncorrected, exposing many workers to potential dangers while a business owner appeals a citation issued by the Department of Labor & Industries
In April, Washington Governor Chris Gregoire signed a bill into law that changes this. Senate Bill 5068 amends the 1973 Washington Industrial Safety and Health Act (WISHA). The bill requires businesses to correct serious safety violations—and the hazards they pose—during the appeal of any safety and health citation.
“This change to our state worker safety laws offers significant improvement for worker safety,” said Michael Silverstein, assistant director, L&I Division of Occupational Safety and Health. “This allows us to ensure that hazards are corrected even as we continue discussions with employers who may disagree with our citations.”
Under existing rules, if a business appeals an L&I citation involving a serious workplace safety violation, there is no obligation to correct the hazard for which they were cited until the appeal is resolved. This can take months or even years and expose some workers to uncorrected hazards.
For example, one company was cited in 2006 for several serious violations after a worker suffered lead poisoning. The company appealed and did not correct the hazards during the appeal process. The citation was upheld. However, before the company corrected the hazards, a second worker also suffered lead poisoning.
Nationally, a recent analysis by OSHA found that in the decade between 1999 and 2009, there were at least 30 appealed cases where a fatality occurred at the same site before the appeal was resolved.
In Washington, about 10% of all citations are appealed annually, and while most businesses correct hazards during an appeals process, many do not. Credit is due to state Sen. Steve Conway and Rep. Chris Reykdal, who both recognized the system left some workers unprotected and sponsored this bill as a way to correct the problem.
While the bill requires employers to correct hazards during an appeal, they can seek a stay to the requirement. Under the bill such requests will receive an expedited review.
L&I will form a stakeholder group with business and labor representatives and begin work on the rule.
OSHA Develops a Safety and Health Management System for Its Own Employees
Every workplace should have a safety health and management system (SHMS), and with OSHA personnel visiting potentially hazardous workplaces throughout the US, it makes sense for OSHA to have a safety management system to protect its employees. OSHA’s SHMS includes the five key components of an effective SHMS: management commitment, employee participation, worksite analysis, hazard prevention and control, and safety and health training.
Virtually any organization could use the building blocks in OSHA’s SHMS to create a site-specific program.
Potentially Toxic Flame Retardants Detected in Baby Products
Scientists are reporting detection of potentially toxic flame retardants in car seats, bassinet mattresses, nursing pillows, high chairs, strollers, and other products that contain polyurethane foam and are designed for newborns, infants, and toddlers. “To the authors knowledge, this is the first study to report on flame retardants in baby products,” the report states.
Heather M. Stapleton and colleagues point out that health concerns led to a phase-out in use of penta brominated diphenyl ethers (pentaBDE), once the most popular flame retardant, prior to 2004. Flame retardants are added during manufacture to reduce the risk of polyurethane foam catching fire and to slow down burning if it does. Seeking to meet government flammability standards, manufacturers then turned to other flame retardants, which in many cases, have less health data available. The situation left gaps in knowledge about exactly which flame retardants were being used in polyurethane foam products, and at what concentrations. Stapleton’s group set out to fill those gaps.
They detected potentially toxic flame retardants in 80% of the polyurethane foam samples collected from 101 common baby products. Among them were compounds associated with pentaBDE, suggesting that the substance—banned in 172 countries and 12 U.S. states—still remains in use, as well as two potential carcinogens, TCEP and TDCPP. “Future studies are therefore warranted to specifically measure infants exposure to these flame retardants from intimate contact with these products, and to determine if there are any associated health concerns,” the report states.
Telstar Recalls Energy-Saving Light Bulbs Due to Fire Hazard
The U.S. Consumer Product Safety Commission, in cooperation with Telstar Products, has announced a voluntary recall of Telestar and Electra brand light bulbs.
The light bulbs can overheat, posing a fire hazard to consumers. Telstar Products has received two reports of fires. In one incident, the fire was contained to the light fixture. The other reported incident resulted in a residential fire.
This recall involves energy-saving light bulbs sold under the Telstar and Electra brand names. The bulbs were sold in two styles: spiral and the “3-Us” shape. The Telstar bulbs were sold in 20 and 23 watts with model number LB-1020 and LB-1023 printed on the packaging. The Electra bulbs were sold in 18, 20, 23, 26, 28, 30, 34, 36, 38, and 40 watts with model numbers LB-18, LB-20, LB-23, LB-26, LB-28, LB-30, LB-1018, LB-1020, LB-1023, LB-1026, LB-1134, LB-1136, LB-1138, and LB-1140 printed on the packaging. “CE 110V,” “China,” and the wattage number are printed on the bulb.
The light bulbs were manufactured in China and sold at discount stores throughout New York and New Jersey from August 2010 through March 2011 for between $1 and $1.50.
Consumers should immediately stop using the light bulbs and return products to the store where purchased for a full refund. It is illegal to resell or attempt to resell a recalled consumer product.
OSHA Fines Republic Engineered Products $563,000 for Repeat Fall and Energy Control Hazards
OSHA cited steel manufacturer Republic Engineered Products, Inc., in Lorain, New York for seven willful and three repeat safety violations, with proposed penalties totaling $563,000, for failing to protect workers from fall hazards and implement adequate energy source lockout/tagout procedures to prevent injury from hazardous equipment.
“There is no excuse for Republic Engineered Products to continue to neglect its workers’ safety,” said Assistant Secretary of Labor for OSHA Dr. David Michaels. “This company has a long history of OSHA violations, including employee injuries and fatalities in several of its plants. It needs to make a serious effort to comply with common-sense regulations to protect its employees.”
OSHA began the inspection of the Lorain facility in November 2010 after a worker was hospitalized with a broken pelvis when he fell 9 feet from a coil transfer car in the bar mill. The willful violations carried proposed penalties of $480,500 for exposing employees to falls from the car and an unguarded platform, and for failing to affix lockout/tagout devices to control the unexpected energizing of equipment. A willful violation is one committed with intentional knowing or voluntary disregard for the law’s requirements, or with plain indifference to worker safety and health.
The repeat violations with proposed fines of $82,500 were cited for failing to train employees in lockout/tagout procedures; specify the procedural steps necessary to lock out electrical, hydraulic, and gravitational energy sources for the coil transfer car; and isolate all hazardous energy sources. 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. The company was cited in 2008 at both the Lorain facility and its Blasdell, New York facility for failing to develop and adequately train workers on lockout/tagout procedures. Failure to operate energy isolation devices properly also was cited in Blasdell in 2008.
The company’s Lorain location, which employs approximately 250 people, also was cited in another incident by OSHA in 2010 for 13 violations and fined $143,000. The Lorain facility has been inspected 25 times since 1990, resulting in 76 violations in addition to those currently being cited.
Republic Engineered Products, Inc., which is headquartered in Canton, Ohio, employs more than 2,200 workers companywide and operates additional manufacturing facilities in Canton and Massillon, Ohio, as well as in Blasdell, New York; Gary, Indiana; and Hamilton, Ontario, in Canada. Excluding the Lorain location, the company’s combined sites have been inspected 53 times since 1990, resulting in a total of 124 violations.
MSHA Issues 10 Withdrawal Orders at Kentucky Coal Mine on Pattern of Violations
The U.S. Department of Labor’s Mine Safety and Health Administration (MSHA) announced that it has issued 10 withdrawal orders at Bledsoe Coal Corp.’s Abner Branch Rider Mine, just one month after the Leslie County, Kentucky operation received a notice of a pattern of violations. These orders mark an unprecedented use by the agency of an enforcement action under Section 104(e) of the Federal Mine Safety and Health Act of 1977.
Under Section 104(e) of the Mine Act, a mining operation on a POV is subject to a withdrawal order each time MSHA issues a Significant and Substantial, known as an S&S, violation. The order remains in place until the violation is abated. An operator can be removed from POV status only after undergoing a complete inspection without receiving an S&S violation.
“I’ve said time and again that MSHA will use all the tools at its disposal to prevent accidents, illnesses and injuries in the nation’s mines,” said Joseph A. Main, assistant labor secretary for mine safety and health. “Mine operators must be held accountable, and we will make sure that those who persistently violate safety and health laws are subject to this enforcement action.”
The 10 withdrawal orders include two issued on May 3 because the mine roof was not adequately supported to prevent a potential roof fall. To terminate the order, the mine operator scaled the loose draw rock and installed cap blocks and wedges over the bearing plates to support the mine roof. Two miners were withdrawn from the mine until the conditions were corrected.
Of the remaining orders, three were issued on May 10 for inadequate ventilation controls and inadequate roof, rib, and face support, causing the withdrawal of more than 30 miners working over three shifts. Inspectors found that ventilation controls between the secondary escapeway and the belt entry had become damaged and difficult to open. The order related to inadequate ventilation controls was terminated the following day when the operator installed a pressure relief slider in the personnel door and made modifications to enable the doors to easily open.
Inspectors found large slabs of material measuring approximately 5 feet in height, 12 feet in length, and 4 to 8 inches in thickness, as well as the presence of a crack 2 to 4 inches behind the rib material. The order related to inadequate rib support was terminated the following day when the unsafe ribs were wrapped with banding material and 1- by 6- inch boards.
OSHA Fines Vestas Towers America $164,000 Following Worker Injury
OSHA cited Vestas Towers America, Inc., in Pueblo for one willful and 23 serious safety and health violations following a comprehensive inspection of the wind turbine manufacturing plant. The inspection was initiated after an employee sustained a partial amputation of two fingers and a broken wrist in November 2010.
“Vestas Towers America failed to provide its employees with a safe and healthful workplace,” said John Healy, OSHA area office director in Englewood. “The numerous hazards uncovered during this investigation are totally unacceptable.”
The willful violation addresses the deliberate removal of support equipment while welding sections of wind towers together, which caused the sections to slide and resulted in the amputation injury.
The serious violations address employee exposure to hazards associated with improper machine guarding, damaged electrical equipment, improper forklift operations, a lack of guardrails, inadequate worker egress, improper use of ladders, a lack of personal protective equipment and not training workers on the use of hazardous chemicals. 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 inspection was conducted at the same location where an employee of Transportation Technology Services was crushed between a forklift and a rail car while loading sections of wind towers for shipment in October 2010. That company, along with Vestas Towers America, were issued serious citations relating to that incident.
OSHA has proposed $164,000 in fines against Vestas Towers America for this latest incident.
The New West Virginia Mining, Co.’s, Apache Mine in McDowell County, West Virginia also received a POV notice, however the mining operation is currently idle.
Shawnee Milling Company Fined $146,000 for 25 Serious Workplace Violations
OSHA cited Shawnee Milling Co., with 25 alleged serious violations following an inspection at the company’s facility in Shawnee that found multiple safety and health hazards. Proposed penalties total $146,000.
“An employer’s failure to effectively implement OSHA’s regulations exposes workers to potential hazards that could lead to serious injuries or death. Such safety and health violations will not be tolerated,” said David Bates, OSHA’s area director in Oklahoma City.
OSHA’s Oklahoma City Area Office began its investigation November 23, 2010, at the company’s facility on South Broadway Street. About 276 workers produce consumer products such as flour, cornmeal, and animal feed at the facility.
The violations include failing to properly reclassify confined spaces from permit-required to non-permit-required, to have the mandatory confined space entry permits, to provide adequate respirators to employees for emergency evacuation in the event of toxic chemical release, to provide an adequate lockout/tagout program of energy sources, and to provide required machine guarding.
OSHA Cites Six Companies for Safety Hazards at Elizabeth, New Jersey Construction Site
OSHA cited a general contractor and five subcontractors in New Jersey for 20 workplace safety and health violations found at an apartment building construction site in Elizabeth. Proposed penalties total $95,470.
As a result of an inspection initiated November 18, 2010, general contractor Madison Realty LLC, of Edison, was cited for one serious violation with a proposed penalty of $2,400; DO-VAL Framing Corp., of Warren, was cited for four serious violations with proposed penalties of $13,800; Molina & Sons Construction, of Bloomfield, was cited for six serious violations with proposed penalties of $18,000; JRL Siding & Roofing, of Elizabeth, was cited for two serious and two repeat violations with proposed penalties of $24,420; Bairrada Liberty Construction Co., Inc., in Linden, was cited for one serious and two repeat violations with proposed penalties of $26,950; and Max Plumbing & Heating, Inc., in Elizabeth, was cited for one serious and one repeat violation with proposed penalties of $9,900.
“Residential construction workers face a unique set of hazards and safety considerations,” said Patricia Jones, director of OSHA’s Avenel Area Office. “It is vital that these employers ensure safe and healthful work environments for their employees.”
The serious violations address fall hazards at heights ranging from 12 to 40 feet, including a lack of guard rails, hand rails, harnesses, and/or belts/lanyards; failure to provide fire extinguishers where gas and gas-powered equipment were used; use of aerial lifts without fall protection; failure to provide eye protection when nailing equipment was used; and failure to provide helmets when work was performed under elevated operations.
The repeat violations address a lack of fall protection for employees working approximately 30 feet from the ground on a roof; a lack of fall protection for employees working on a tubular scaffold approximately 40 feet from the ground; a lack of fall protection for employees working near the edge of a building approximately 12 feet from the ground; not extending ladders at least 3 feet above the working surface, where the working surface was 12 feet from the ground; and a lack of head protection for employees working directly below a steel frame structure.
OSHA standards require that an effective form of fall protection, such as guardrails, safety nets, or personal fall arrest systems, be in use when workers perform residential construction activities 6 feet or more above the next lower level.
OSHA Fines Capital Construction $102,000 for Fall and Other Hazards on Cleveland Job Site
OSHA cited Capital Construction in Canal Fulton, Ohio for six safety, including one willful, violations, including failing to provide fall protection for residential roofers. The company faces penalties totaling $102,000 following an OSHA investigation conducted in November 2010 at a Cleveland job site.
The willful violation, carrying a penalty of $70,000, was cited after OSHA inspectors observed employees working without fall protection at heights greater than 20 feet.
“Falls are a leading cause of injury and death in the construction industry,” said Howard Eberts, OSHA’s area director in Cleveland. “Employers are responsible for ensuring that workers are not exposed to risks that could result in injury or death.”
Five serious violations, with proposed fines of $32,000, include failing to provide protective eyewear, head protection, fall training and instruction in the avoidance of unsafe working conditions, as well as failing to maintain safety programs.
OSHA Fines Trenching Company $94,050 for Willful, Repeat and Serious Violations
OSHA cited D&J’s Trenching Services of Mansfield, Georgia with five safety violations and $94,050 in penalties for exposing workers to unsafe trenching practices at a job site in the Orchard Park subdivision of Covington, Georgia.
OSHA found that employees installing a new sewer line were exposed to engulfment hazards while working in an 8-foot-deep trench without any protective system in place. OSHA issued the company one willful citation with a $69,300 proposed penalty for allegedly allowing workers in the unprotected trench despite knowing its depth, knowing the OSHA requirements and previously having been cited for this same violation three times within the past five years.
A repeat violation with a $13,860 fine was cited for exposing workers to fall and engulfment hazards while working in a trench without a safe means of exit.
Three serious violations with penalties totaling $10,890 include exposing workers to electrical hazards by not properly supporting an underground electrical line, fall hazards by allowing employees to access a portable ladder that did not extend at least 3 feet higher than the trench wall, and chemical hazards by not implementing a hazard communication program while employees were using hazardous chemicals such as diesel fuels and oils.
“Excavation and trenching are some of the most hazardous operations in construction. This company’s management is well aware of OSHA’s rules, yet they continue to ignore the dangers,” said William Fulcher, director of OSHA’s Atlanta East Area Office. “Anyone who performs these types of operations knows that the walls of a trench, without a protective system, will cave in sooner or later. This employer is choosing to risk the lives of workers every time they enter an unprotected excavation.”
OSHA standards mandate that all excavations 5 feet or deeper be protected against collapse.
PolyChem Services Fined $63,000 After Employee Suffers Burns
OSHA cited PolyChem Services, Inc., in Chicago Heights, Illinois for one safety and five health violations, including a willful health violation for failing to ensure confined spaces were safe to enter, after a worker received second- and third-degree burns at the plant in November 2010. The company faces proposed fines totaling $63,000.
“Requiring workers to enter confined spaces where known hazards exist without implementing a safe entry permit program is unacceptable,” said Gary Anderson, OSHA’s area director in Calumet City. “Employers are responsible for knowing what hazards exist in their facilities and must take appropriate precautions by following OSHA regulations to ensure the safety and health of their workers.”
The willful violation, with a penalty of $42,000, was cited after employees allegedly were required to enter a portable baker tank and a reactor vessel that had not been evaluated first for safe entry by purging, flushing and ventilating the space, and verifying the conditions were safe. In addition, safe entry permits and related employee training had not been completed.
Four serious health violations, with penalties of $16,800, include failing to assess work sites for hazards requiring personal protective equipment; failing to develop and implement a written respiratory protection program; use of electrical cables for non-authorized purposes; and failing to implement a hazardous chemical training program.
The serious safety citation, with a $4,200 penalty, was cited for failing to provide employees with electrical safety training necessary to perform voltage testing, which exposed them to electrical shock hazards.
Cabinet maker Fined $54,000 for Combustible Dust and Other Hazards
OSHA cited Huntsville American Cabinets, Inc., in Huntsville, Alabama for 21 safety and health violations, including the accumulation of combustible dust. Proposed penalties total $54,000.
OSHA began an inspection in January as part of its National Emphasis Program on Amputations and cited the cabinet maker for 16 serious safety violations with penalties of $44,400 for failing to keep walls, floors and equipment clean and free from the accumulation of combustible dust; allowing more than 60 gallons of flammable liquid to be stored in cabinets; not selecting the correct personal protective equipment for workers handling chemicals; failing to have a lockout/tagout program to prevent accidental energy start-up; not having standard railings on the stairs; several electrical deficiencies; and amputation hazards associated with a lack of machine guarding.
Four serious health violations with $9,600 in proposed penalties are related to not providing hearing tests for employees exposed to noise levels over the permissible exposure limit; failing to develop a respiratory protection program; exposing workers to respirable dust 3.6 times the permissible exposure limit; and lacking a hazard communications program for handling hazardous chemicals.
One other-than-serious violation was cited with no monetary penalty for failing to visually inspect fire extinguishers at least monthly. An other-than-serious citation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.
“This company has jeopardized the health and safety of its workers by creating an environment where the accumulation of combustible dust could ignite and cause serious injuries,” said Roberto Sanchez, OSHA’s area director in Birmingham. “The accumulation of combustible dust and all hazards must be eliminated from the workplace.”
Summer and Winter Construction Looses Appeal for $89,000 Penalty for Fall Hazards
The U.S. Department of Labor won a decision in a matter before the independent Occupational Safety and Health Review Commission upholding citations for willful, repeat, and serious safety violations and $89,000 in fines proposed by OSHA against Summer and Winter Construction LLC, a Pittsfield, New Hampshire roofing contractor.
OSHA issued the citations and fines in September 2009, after inspections revealed that Summer and Winter Construction employees were exposed to falls of up to 16 feet and other hazards at work sites in Hanover and Manchester, New Hampshire. The citations and penalties reflected the seriousness of the hazards and the company’s history of prior violations at other work sites.
The company contested the citations and fines to the review commission. A hearing was held before Administrative Law Judge Dennis L. Phillips, who issued a decision affirming the citations and ordering Summer and Winter Construction to pay the penalties.
“This verdict is a complete victory for workers in New Hampshire and elsewhere,” said Marthe Kent, OSHA’s New England regional administrator. “Employers that repeatedly fail to supply basic, common-sense safeguards will face legal consequences, just as their employees can face death or disabling injuries when such safeguards are absent from their workplaces.”
“Employers should be aware that the Department of Labor will actively pursue appropriate legal measures to protect the lives and well-being of America’s workers when their employers fail to do so,” said Michael Felsen, the Labor Department’s regional solicitor for New England.
The company has 20 days from the date the administrative law judge’s decision is docketed with the review commission to appeal. OSHA’s Concord Area Office conducted the inspections leading to citations. The case was litigated for OSHA by senior trial attorney Paul Katz from the department’s Boston Regional Solicitor’s Office.
Delek Refining Looses Appeal on $32,850 Penalty for Serious Violations
Administrative Law Judge Dennis L. Phillips of the independent Occupational Safety and Health Review Commission has upheld seven serious citations issued to Delek Refining Ltd. by OSHA as a result of violations found at the company’s Tyler refinery. The judge also affirmed the full amount of penalties, $32,850, proposed by OSHA.
OSHA’s Dallas Area Office began an inspection on February 19, 2008, as part of its Petroleum Refinery Process Safety Management (PSM) National Emphasis Program. The agency issued citations for violations of the process safety management standard, failing to guard a rotating shaft in the boiler unit and to label some vessels that held hazardous chemicals to show what the vessels contained. The PSM standard is intended to prevent unexpected releases of hazardous chemicals, especially in locations that could expose employees and others to serious hazards. OSHA found that several PSM violations were systemic in nature and had existed for years.
Brentwood, Tennessee–based Delek Refining disputed OSHA’s citations before the OSHRC, a separate federal agency that was created to decide contests of citations and/or penalties resulting from workplace inspections. The case of an employer that contests citations and/or penalties proposed by OSHA is heard by an OSHRC administrative law judge, who ultimately issues a decision.
During the trial, which lasted almost three weeks, extensive testimony of experts for both sides and documentary evidence was submitted. On April 27, Phillips issued a 60-page decision. Delek Refining has 20 days from the date that the decision is docketed with the OSHRC to appeal to its commissioners, whose members are presidential appointees.
Quality Graphics Fined for 13 Safety and Health Violations
OSHA cited Quality Graphics, Inc., with 13 safety and health violations following an inspection that began in January. Proposed penalties total $45,000.
“OSHA found numerous serious hazards, some of which involve risk of possible amputations by unguarded equipment and dangers related to improperly maintained forklifts,” said Andre Richards, director of OSHA’s Atlanta-West Area Office. “No business should allow these types of hazards in its workplace.”
Twelve serious violations include hazards related to fire, tripping and electrical deficiencies, as well as several identified in OSHA’s local emphasis program on forklifts, such as allowing employees to operate a forklift truck that had missing and damaged parts, not providing training on safe operation of forklift trucks and not conducting daily inspections of the forklift truck. The amputation violations cited are identified in OSHA’s National Emphasis Program on Amputations.
One other-than-serious violation was cited with no monetary penalty for not developing a hazard communication program for employees using chemicals capable of causing eye and skin irritation.
Quality Graphics, Inc., employs approximately 19 workers in Dalton, Georgia and prints graphical designs on carpeting.
Multi-Cast Corp. Fined $178,500 for 13 Violations
OSHA cited Multi-Cast Corp., in Wauseon, Ohio for 13 safety and health violations, including failing to ensure foundry employees wore fire-retardant clothing and protective equipment while working with molten metal. The company faces $178,500 in fines as a result of a November 2010 inspection.
“Employers have a responsibility to ensure employees have safe working environments, which includes taking all necessary precautions to protect them from hazards such as molten metal,” said Jule Hovi, OSHA’s area director in Toledo. “Multi-Cast is well aware of OSHA’s safety and health regulations, but has irresponsibly ignored them and put its employees in harm’s way.”
Three willful violations, with proposed penalties of $147,000, include failing to ensure employees wore fire-retardant clothing and used face shields while working around molten metal, as well as ensure machine guarding was in place on a roll-over mold-making machine.
Four serious safety violations, with proposed fines of $17,500, are failing to ensure crane hooks were equipped with properly functioning safety latches, provide guards on stair railings, and provide adequate personal protective clothing and equipment.
Three serious health violations, with proposed fines of $11,900, involve failing to provide lead standard training, not having combustion safeguards installed on a natural gas furnace, and allowing an employee to work under a 2,500 pound sand mold.
Three other-than-serious record-keeping violations, with proposed penalties of $2,100, are failing to ensure the OSHA 300 form for workplace-related injuries and illnesses was completed in detail for the years 2008, 2009, and 2010.
O’Brien Wire Products of Texas Fined Almost $160,000 for Failure to Follow Terms of OSHA Settlement Agreement
OSHA cited Houston-based O’Brien Wire Products of Texas, Inc., for five serious, two repeat, three other-than-serious and two failure-to-abate violations for exposing employees to workplace safety and health hazards. Proposed penalties total $159,390.
“This company has continued to jeopardize the safety and health of its workers after agreeing to corrective action,” said Mark Briggs, director of OSHA’s Houston South Area Office. “Disregard for worker safety will not be tolerated.”
OSHA’s Houston South Area Office initiated a safety and health inspection November 18, 2010, at the company’s facility on Gulfton Street for failing to take agreed-upon corrective actions to abate hazards cited during a June 2007 investigation. The agreement required the company to report, on a quarterly basis, its progress in abating the hazards on wire tie machines that exposed workers to the hazards of unguarded chains and sprockets. OSHA granted the company an 18-month extension to correct the deficiencies, but after reporting that several machines were repaired, the company ceased to submit quarterly progress reports. Consequently, OSHA conducted this follow-up inspection, discovering failure-to-abate violations for not correcting the machine guarding hazards previously cited in 2007.
The serious violations include failing to remove damaged fiberglass ladders, replace a defective safety latch on a crane hook, and ensure the measurement of noise levels.
Repeat violations include failing to provide the required machine guarding for belts, pulleys, chains, and sprockets.
Other-than-serious violations include failing to provide a door on a restroom and hand-washing facilities.
$180,000 Penalty for Exposing Workers to Lead at Chicago Job Site
OSHA cited Albin Carlson & Co., a road and bridge construction company in Addison, Illinois, with eight health violations, including two willful violations, for failing to protect workers from lead exposure while performing torch cutting on a steel structure. The employer faces proposed penalties totaling $180,180 as a result of an OSHA investigation conducted in December 2010 at a job site in Chicago.
“This company was aware that employees were conducting torch cutting on a steel structure coated with lead-based paint and failed to ensure that a respiratory protection plan was in use on the job site. That is unacceptable,” said Michael Connors, OSHA’s regional director in Chicago. “Employers are responsible for knowing what hazards exist on their job sites and ensuring that workers are not exposed to risks that could result in injury or death.”
The willful violations with penalties of $138,600 include failing to provide appropriate interim respiratory protection and ensure workers’ exposure to lead did not exceed permissible daily limits.
Six serious violations with penalties of $41,580 include failing to implement a respiratory protection program; implement a compliance program to limit employee exposure to lead; conduct initial monitoring for lead; provide personal work clothing for interim protection from lead exposure; and provide adequate hand-washing and shower facilities.
The investigation was initiated under an OSHA national emphasis program on lead. Albin Carlson and Co. had been inspected by OSHA 13 previous times in the past five years.
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