OSHA Responds to Fatal Gunpowder Plant Explosion

Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels issued the following statement regarding the sentencing of Craig Sanborn in Co?s County Court in New Hampshire for manslaughter in connection with the May 2010 explosion at the Black Mag, LLC, plant, which killed employees Jesse Kennett and Don Kendall while they were manufacturing a gunpowder substitute. Sanborn, who was the company's president, managing member, and primary owner, was sentenced to five to 10 years on two counts of manslaughter, to be served consecutively, for a total of 10 to 20 years, and assessed fines of $10,000:

OSHA's investigation of the May 2010 explosion at Sanborn's Black Mag gunpowder plant in Colebrook, New Hampshire, resulted in issuance of 16 willful and over 30 serious safety violation citations, along with a $1.2 million penalty to Black Mag. The citations and penalties were affirmed in an agreement that compelled Sanborn to surrender his ATF explosives manufacturing license and barred him from ever again employing workers in any explosives-related business enterprise.

Did You Miss OSHA’s December 1 GHS HazCom Training Deadline: Use Environmental Resource Center’s GHS OSHA Hazard Communication Training PowerPoint

With OSHA’s adoption of the Globally Harmonized System (GHS) for the classification and labeling of hazardous chemicals, virtually every chemical label, MSDS—now called Safety Data Sheet (SDS), and written hazard communication plan must be revised to meet the new standard.

By December 1, 2013, all employees at your site that work with, or are exposed to, hazardous chemicals must be trained to understand the new classification system, labels, warning statements, precautions, pictograms, and safety data sheets for chemicals at your worksite.

Environmental Resource Center is making available a PDF presentation or a customizable PowerPoint that you can use for on-site worker training. The training program, which is designed to cover your site’s GHS Hazard Communication training requirements, is in a format that is easy to understand.

Pricing and options:

Multiple PDF copies can be purchased for $99/copy (1–10); $79/copy (11–20); or $69/copy (21+).

Multiple copies can be purchased for $199/copy (1–10), $179/copy (11–20), or $169/copy (21+).

Additional Options*:

1. Customized PowerPoint: Send us your written GHS hazard communication plan and 10–20 safety data sheets. We’ll create a custom training program for your site: $899

2. If you have not updated your hazard communication plan, let Environmental Resource Center update it for you: $799

3. Customized PowerPoint and hazard communication plan: $1600

*Call 800-537-2372 for Spanish pricing

How to Implement OSHA’s Globally Harmonized Hazard Communication Standard (GHS)

OSHA has issued a final rule revising its Hazard Communication Standard, aligning it with the United Nations’ globally harmonized system (GHS) for the classification and labeling of hazardous chemicals. This means that virtually every product label, safety data sheet (formerly called “material safety data sheet” or MSDS), and written hazard communication plan must be revised to meet the new standard. Worker training must be updated so that workers can recognize and understand the symbols and pictograms on the new labels as well as the new hazard statements and precautions on safety data sheets/

Environmental Resource Center is offering live online training for you to learn how the new rule differs from current requirements, how to implement the changes, and when the changes must be implemented. 

Safety and Health Assistance to Tornado Damaged Communities

A blog post by Barry Salerno, assistant area director for OSHA's Peoria office, provides information about the role of OSHA in disaster recovery. Dealing with natural disasters and the devastating impact on people's personal life is always a difficult task, but when disaster strikes your own community, finding a way to help takes on a whole new meaning.

The rare November EF4 tornado that extensively damaged Washington Sunday, November 17, struck close to home for the staff in the Peoria Area Office of the Occupational Safety and Health Administration. We all live within a few miles of the devastation zone, and our director lives in Washington, one of the hardest hit communities. Fortunately, none of the staff suffered serious damages but our neighbors did.

Less than 24 hours after the storm ripped through this rural community, I and compliance officer Diana Lopez from our staff were walking the streets, talking to residents and providing information on how to stay safe during recovery efforts. We also had compliance officers other staff, Edward Marshall and Jeb Stuart, visiting residents in other affected areas, such as Pekin, East Peoria and Coal City. The tornado packed winds of 190 mph and a path of destruction that stretched for more than 46 miles through Tazewell and Woodford counties, according to the weather service. The staff was there to provide help and assistance.

Tornadoes were also reported in the small town of Gifford near Rantoul, Metropolis in far southeast Illinois, and Frankfort and Manhattan in Will County. OSHA responders from the area offices in Calumet City, North Aurora and Fairview Heights responded to these areas and offered assistance as well.

What we have found are people sifting through debris piles looking for personal items and being exposing to various safety and health hazards. Some of the most pressing hazards are struck-by hazards from debris, unstable structures and puncture hazards from exposed nails and shards of wood and glass. We also found children and adults climbing and working on roofs on their homes without fall protection or training and entering basements with unstable structures above.

Our focus right now is on the residents of the community and helping them minimize their own risk of injury and illness as they work through the recovery of personal items and removal of debris. We are telling people to wear protective clothing such as gloves, and closed toed shoes, not to enter unstable structures and just trying to bring awareness to them of the hazardous they may encounter.

People are really receptive to the help. Most residents have never been involved in a disaster recovery operation and really aren't aware of many of the dangers present. They just want to salvage what they can of their lives.

One of the biggest challenges is educating people about the role of OSHA in disaster recovery. Often times people believe OSHA is there in an enforcement role, but our role is to help protect workers and volunteers from potential hazards caused by the storm. We want to minimize further stress and grief to the residents that could occur if workers, volunteers or residents are injured in recovery efforts.

Response and recovery work in tornado-impacted areas presents safety and health hazards that should be properly identified, evaluated and controlled in a systematic manner. Some operations, such as utility restoration, cleaning up spills of hazardous materials, and search and rescue, should only be conducted by workers who have the proper training, equipment and experience.

As Washington moves into this phase of cleanup in the next few days, we will be working with contractors to ensure they are working safely. As power is restored, it will bring new concerns as well in ensuring residents and workers are operating safely.

The Regional Office safety and health manager Larken S. Akins is working with the local Incident Commander to offer OSHA's services assisting with safety and health concerns for workers and residents and with conducting risk assessments.

We are also providing fact sheets and quick cards, which provide access to online resources.

I believe this is a very important role for OSHA to be able to help the community in recovering and rebuilding safely.

Specific hazards associated with working in the aftermath of tornados that we detailed in our safety sheets included:

• Hazardous driving conditions due to slippery and/or blocked roadways, slips and falls due to slippery walkways
• Falling and flying objects, such as tree limbs and utility poles
• Sharp objects including nails and broken glass
• Electrical hazards from
• downed power lines or downed objects in contact with power lines
• the use of portable generators that may be missing safety components or are not grounded properly
• Falls from heights
• Risk of entering unstable structures
• Lack of communication services
• Use of skid loaders and other mechanical equipment in areas with heavy pedestrian traffic and by inexperienced operators
• Gas leaks and dangers posed by the restoration of utilities, such as unexpected energized lines
• Exhaustion from working extended shifts and dehydration

Crane Collapse Lands Marine Construction Contractor $165,200 Fine

 The marine construction contractor, based in Port Chester, New York, had been hired to replace and repair storm-damaged pilings at the marina and faces $165,200 in proposed fines following an inspection by OSHA's Bridgeport Area Office.

OSHA's inspection found that the crane lacked boom stops and a boom hoist limiting device, necessary safety devices that would have prevented the boom from falling backward. The crane had not been inspected by a competent person who could have identified these and other hazards. These hazards resulted in two willful citations carrying $98,000 in fines. A willful violation is one committed with intentional disregard for the law's requirements, or with plain indifference to worker safety and health.

"This crane should not have been operating. Not only did it lack required safety devices, it had not been inspected for these and other defects that should have been corrected before the crane began operating. The employer deliberately failed to adhere to basic crane safety standards, putting at risk the lives of its employees and anyone else in the vicinity," said Robert Kowalski, OSHA's area director in Bridgeport.

Fourteen serious citations, with $67,200 in fines, involve hazards related to the set up, operation, and maintenance of the crane and barge, including failing to conduct additional, required daily, monthly, and annual inspections of the crane, the barge and the crane's wire lifting ropes; ensure that load charts, with the crane's correct lifting capacity, were in the crane; reduce the crane's rated lifting capacity to account for operating on the barge; ensure that the cabling system used to secure the crane to the barge is sufficiently sized and strong to support the crane's load; ensure that the barge was structurally sufficient; and erect control lines or railing to mark the crane's swing/crush zone. 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.

Wilmington RCRA and DOT Training

Cary, NC HAZWOPER Training

Cleveland RCRA and DOT Training

Global System of Toy Safety Works to Keep Kids Safe This Holiday Season; Recalls Down, Port Seizures Up

In recent years, the US Consumer Product Safety Commission (CPSC) has created a robust toy safety system, by requiring testing by independent, third party testing laboratories around the world; enforcing stringent lead and phthalates limits for toys; imposing some of the most stringent toy standards in the world; and stopping dangerous toys at the ports and in the marketplace before they reach children’s hands. These combined efforts continue to foster the confidence of American families as they prepare to shop for toys this holiday season.

During the past five years, CPSC and US Customs and Border Protection (CBP) have stopped more than 9.8 million units of about 3,000 different toys that violated applicable standards. The dangerous products never made it onto store shelves and were kept out of consumers’ homes.

“As I look back at my years leading CPSC, I am proud of the work we have done to build a global system of toy safety,” said Chairman Inez Tenenbaum. “When parents and grandparents walk into a toy store or visit an e-retailer, they can have confidence that the toys they see have likely been independently tested to ensure compliance with strong safety standards.”

In fiscal year 2013, CPSC issued only 31 toy recalls, none of which involved a lead violation. This compares with 172 toy recalls in fiscal year 2008 (19 of which were due to excessive lead); 50 recalls in 2009 (14 for lead); 46 recalls in fiscal year 2010 (3 for lead); 34 recalls in 2011 (4 for lead); and 38 recalls in 2012 (3 for lead). The majority of toy recalls announced last year involved ingestion hazards, including chemical and magnetic dangers. CPSC is working to address these hazards.

Toy-related deaths involving children younger than 15 decreased from 19 in 2010, to 17 in 2011, and 11 in 2012 (based on reports to date). As more death reports are received, CPSC staff expects the total for 2012 to be higher than 11.

The majority of these toy-related fatalities in 2012 were attributed to riding toys, including tricycles and nonmotorized scooters. Four victims were found in swimming pools with their tricycles, and one child received a fatal head injury after his tricycle toppled over. In addition, two fatalities were reported where children rode nonmotorized scooters into traffic and were hit by motor vehicles. Asphyxiation and aspiration were the next leading causes of toy-related fatalities, including two reports involving balloons and one report involving a stuffed animal.

. Many of the incidents were associated with, but not necessarily caused by, a toy. For example, CPSC received these three hospital emergency-room treated reports last year:

• A two-year-old male who was hit in the face by a metal toy thrown by a sibling received facial lacerations
• A four-year-old male hit himself in the eye with a toy dinosaur, which led to eye redness and blurred vision
• A seven-year-old female fell off of a scooter and hit her mouth on the concrete and injured her mouth, including a broken tooth

CPSC has also received reports of children injured in 2012 while using toys that broke, including:

• A three-year-old female who received a laceration to the foot while playing with a toy made of plastic and glass that broke
• A four-year-old female who cut her wrist when a porcelain doll broke
• A nine-year-old female who was riding a scooter when the handlebar broke was treated for a chin laceration

For children younger than 15 years old, nonmotorized scooters continued to be the category of toys associated with the most injuries in 2012. Frequently, these injuries involved lacerations, contusions, and abrasions to the child’s face and head. Here are some safety tips for consumers to keep in mind this holiday season:

• Balloons—Children can choke or suffocate on deflated or broken balloons. Keep deflated balloons away from children younger than eight years old. Discard broken balloons immediately.
• Small balls and other toys with small parts —For children younger than age three, avoid toys with small parts, which can cause choking.
• Scooters and other riding toys—Riding toys, skateboards and in-line skates go fast, and falls could be deadly. Helmets and safety gear should be worn properly at all times and they should be sized to fit.
• Magnets—Children's magnetic toys are covered by a strong safety standard that requires the magnets to be encapsulated.

High-powered magnet sets have loose magnets, which is a key difference from children's magnetic toys. High-powered magnet sets are dangerous and should be kept away from children. Whether marketed for children or adults, building and play sets with small magnets should also be kept away from small children.

Once gifts are open:

• Immediately discard plastic wrapping or other toy packaging before the wrapping and packaging become dangerous play things
• Keep toys appropriate for older children away from younger siblings
• Battery charging should be supervised by adults. Chargers and adapters can pose thermal burn hazards to young children. Pay attention to instructions and warnings on battery chargers. Some chargers lack any mechanism to prevent overcharging.

Along with educating the public, CPSC has a strong track record of working with foreign and domestic toy manufacturers, importers and retailers to help them understand and comply with US toy requirements. This month, CPSC is joining with our product safety partners in Canada and Mexico to promote toy safety education and awareness. CPSC, Health Canada, and Mexico’s Procuraduria Federal del Consumidor (PROFECO) have released the toy safety tips above for choosing, purchasing, and supervising the use of children’s toys. This cooperative effort is aimed at making North America the safest continent for purchasing consumer products.

The US Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of injury or death associated with the use of thousands of types of consumer products under the agency’s jurisdiction. Deaths, injuries, and property damage from consumer product incidents cost the nation more than $1 trillion annually. CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard. CPSC's work to help ensure the safety of consumer products—such as toys, cribs, power tools, cigarette lighters, and household chemicals—contributed to a decline in the rate of deaths and injuries associated with consumer products over the past 40 years.

Federal law bars any person from selling products subject to a publicly announced voluntary recall by a manufacturer or a mandatory recall ordered by the Commission.

Building Company Fined $108,000 for Inadequate Fall Protection Violations

 OSHA began its inspection in May after a worker suffered a fatal fall.

"This tragedy could have been prevented if workplace safety standards had been followed," said Galen Blanton, director of OSHA's Honolulu Area Office. "This incident reinforces the critical importance of focusing on fall protection in the workplace. Fall-related incidents are a leading cause of occupational injuries and death. Employers have a responsibility to uphold and model these safety standards."

OSHA cited the employer for one willful violation, including routinely neglecting to ensure workers were anchored or tied off to body harnesses and, in this case, when operating on elevated structures 18 to 35 feet in height. OSHA's fall protection safety standards require that those working at heights greater than 6 feet be anchored and tied off.

Paramount Builders was cited for failing to maintain material safety data sheets and provide training and information on hazardous chemicals kept on-site. The same violation was cited in 2009. A repeat violation exists when an employer has been cited previously for the same or a similar violation of a standard, regulation, rule or order at any of its facilities in federal enforcement states within the last five years. Additionally, the serious violations include the absence of a certified first-aid responder on-site, lack of fall protection training, use of inadequate ladders, and improper use and maintenance of filtering facepiece respirators.

Since 2011, Paramount Builders has been subject to four planned inspections as part of OSHA's local emphasis programs for silica and construction, resulting in two citations for the same fall protection violations that led to the May fatality. Proposed fines total $107,910.

New Jersey Nursing Home Exposes Workers to Excessive Heat, Other Hazards

 OSHA's May inspection was initiated as part of the agency's national emphasis program for nursing and residential care facilities.

"The increasing rate of injuries and illnesses among hospital and health care workers underscores OSHA's concern about the safety and health of these workers," said Paula Dixon-Roderick, director of OSHA's Marlton Area Office. "The workers that care for our loved ones deserve a safe workplace. OSHA is committed to ensuring effective hazard prevention measures nationwide."

Among the serious violations cited involves OSHA's general duty clause because workers in the laundry department were exposed to excessive levels of heat. OSHA proposed a fine of $6,300 for this violation.

Other serious violations, carrying $42,300 in proposed penalties, include failing to ensure workers wore appropriate eye protection; ensure easy access to a sharps container; correct exposed wires from an industrial washer; provide suitable eyewash facilities, bloodborne pathogen training, Hepatitis B vaccines and effective information and training on hazardous chemicals in the workplace; properly use flexible electrical cords and label hazardous chemical containers; develop a written hazard communication program; and have material safety data sheets and safety data sheets for each hazardous chemical used in the workplace.

The other-than-serious violation, with no associated penalty, was cited because the employer's bloodborne pathogens program was not updated. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.

Fencing Manufacturer Fined Over $80,000 for Repeat, Serious Violations

OSHA has cited Boundary Fence and Railing Systems, Inc., for 14 repeat and serious violations of workplace safety and health standards at the company's Marlborough manufacturing plant. The Richmond Hill, New York, maker of fencing materials faces $82,080 in fines following an inspection by OSHA's Andover Area Office begun in July in response to a complaint.

"These conditions exposed workers to struck-by and crushing injuries, electric shock, laceration hazards, being caught in operating machinery, hearing loss, and exposure to hazardous chemicals," said Jeffrey A. Erskine, OSHA's area director for Middlesex and Essex counties. "This employer must address these hazards promptly and effectively to ensure safe and healthful working conditions."

OSHA found several hazards similar to those cited during prior inspections of the Marlborough plant and the company's Wingdale, New York, plant. These include exits obstructed by stored fencing materials, table saws lacking blade guards and anti-kickback devices, and a table saw that lacked proper electrical grounding. As a result, OSHA issued four repeat citations and $35,640 in fines for these recurring hazards.

The inspection also identified hazards, such as exposure to high noise levels; not storing hearing protection plugs in a sanitary and reliable manner; not providing workers with respirator information; and unsecured storage of fencing materials. Other hazards included improper storage of propane fuel tanks; an unguarded rotating pulley; no provisions to prevent the automatic restart of a drill press and a table saw after a power failure; several electrical hazards; and lack of a chemical hazard communication program and training. These conditions resulted in 10 serious citations with $46,440 in fines.

Central Ready Mix Cited for 10 Violations after Worker Fatally Engulfed in Fly-Ash Silo

Central Ready Mix, LLC, has been cited for 10 serious safety violations by OSHA after a 39-year-old plant operator was fatally engulfed in a fly-ash storage silo on August 6 at the Middletown gravel company.

"Engulfment is one of the six major hazards present in silo-type storage facilities. Employers can't be assured that entries into a silo without incident will occur," said Bill Wilkerson, OSHA's area director in Cincinnati. "This was a terrible, preventable tragedy that underscores the importance of complying with safety precautions, such as using harnesses and lanyards. Employers are responsible for identifying hazards and ensuring workers follow proper procedures to prevent injury or death."

The worker entered the cone-bottom silo in an attempt to break up clumps of fly ash that had clogged the bottom discharge. After attempts to dislodge clumps with a metal bar and air hose did not work, he climbed into the silo, without a harness and lanyard, and devoted several hours to breaking up the clumps before being engulfed.

Ten serious violations involve several violations of OSHA's confined space permit entry requirements, including failing to evaluate a workplace for permit-required confined spaces; develop a written permit space entry program, including signage; create measures to prevent unauthorized entry; provide necessary equipment; train workers on procedures; and develop a permit issuance system and procedures for summoning rescue and emergency services. Other violations include failing to ensure workers use harnesses with retrieval lines attached; address unsafe catwalks; correct an unguarded floor hole in the silo catwalk; and use flexible electrical cords properly.

In addition, the configurations of such spaces may increase workers' exposure to hazards, such as entrapment, engulfment and/or hazardous atmospheric conditions, which can lead to serious physical injury, illness, or death.

Proposed fines total $55,800.

Ohio Paper Mill Worker Fatally Injured

Cheney Pulp and Paper Co., has been cited for two safety violations by OSHA after a worker was fatally injured July 23 at the Franklin paper mill. While operating a forklift without the rollover protection structure, the worker was struck by an operating machine that he traveled beneath. As a result of the inspection, OSHA placed the company in its Severe Violator Enforcement Program.

"This was a terrible, preventable tragedy that underscores the importance of OSHA's standards. Employers are required to use equipment in accordance with manufacturer's specifications and ensure adequate guarding to prevent contact with operating machinery," said Bill Wilkerson, OSHA's area director in Cincinnati. "Employers are responsible for identifying hazards and ensuring workers follow proper procedures to prevent injury or death."

One willful violation involved failing to have adequate machine guarding on the rotary digester, which would have prevented the worker from coming into contact with machinery operating parts.

One serious violation involves modifying a skid-steer loader by removing the rollover protective structure without manufacturer approval.

Proposed fines total $77,000. Due to the nature and severity of violations, the company has been placed in OSHA's Severe Violator Enforcement Program, which mandates targeted follow-up inspections to ensure compliance with the law. The agency's SVEP focuses on recalcitrant employers that endanger workers by committing willful, repeat or failure-to-abate violations. Under the program, OSHA may inspect any of the employer's facilities if it has reasonable grounds to believe there are similar violations.

Cheney Pulp and Paper Co., manufactures pulp for the paper industry and employs approximately 35 workers.

Plan B Promotions Fined for Exposing Workers to Excessive Heat, Other Hazards

OSHA has cited Plan B Promotions for six serious and two other-than-serious violations, including exposing workers to excessive levels of heat at the merchandise printer's Lakewood facility. OSHA initiated an inspection in June in response to a complaint.

"By implementing effective engineering controls and work practices, such as using cooling fans and reducing physical demands during hot weather, employers can ensure a safe and healthful workplace for their employees," said Paula Dixon-Roderick, director of OSHA's Marlton Area Office. "It is imperative that workers and supervisors are trained on the hazards of heat exposure and their prevention."

Exposing workers in the facility's silk-screening department to excessive levels of heat was among the serious violations cited and involves OSHA's general duty clause. OSHA proposed a fine of $7,000, the maximum penalty permitted for this violation.

The additional serious violations carry total proposed penalties of $11,200. They include failing to keep exit routes free and unobstructed; properly store flammable liquids and label hazardous chemicals; provide appropriate eye protection for workers wearing prescription lenses; provide workers with effective information and training; ensure proper use of flexible cords; develop a written hazard communication program; and have material safety data sheets for each hazardous chemical used in the workplace.

The other-than-serious violations, carrying no penalties, were cited for failing to certify that a personal protective equipment assessment was performed, as well as to provide workers with Appendix D, which contains information on respirator use.

Kimball Office Recognized for Workplace Safety and Health

 Kimball Office Salem has maintained workplace injury and illness rates 80% below industry average for the past three years.

“Kimball has shown a dedication to workplace safety and health that should be duplicated by every employer,” IDOL Commissioner Rick Ruble said. “The department congratulates Kimball on their accomplishments and thanks them for their dedication to Hoosier workers.”

To participate in the VPP, a company must develop, implement, and maintain an exemplary worker safety and health management system. In addition, the facility’s occupational injury and illness rates must be below the industry national average.

The Kimball facility in Salem, Indiana, employs 237 full-time Hoosier workers and manufactures wood office furniture.

Coastal Plating Co. Cited for 15 Serious Violations after a Worker was Struck and Killed

OSHA has cited Coastal Plating Co., with 16 safety violations at its Corpus Christi facility. In May, an employee learning how to operate a blast cabinet was struck by a gas compressor power cylinder when it exited a cabinet. The worker died from his injuries.

"It is the employer's responsibility to find and fix workplace safety violations and to ensure the safety of its workers. Coastal Plating Co. failed to do so and that cost a worker his life. OSHA will not tolerate such neglect," said Michael Rivera, OSHA's Corpus Christi area director.

Some of the 15 serious safety violations cited involve failing to:

• Ensure workers are protected from being struck by unsecured equipment
• Conduct annual crane inspections
• Inspect hooks utilized on overhead cranes
• Ensure the use of personal protective equipment when chromium electroplating work is being done
• Provide respiratory protection for workers overexposed to chromium
• Provide emergency eyewash stations and showers
• Monitor workers exposed to both lead fume dust and to guard floor openings

One other-than-serious safety violation was cited for failing to enforce the hazard communication program.

In the past five years, Coastal Plating has been inspected twice. An inspection in 2008 resulted in three citations after a worker suffered a foot amputation. A 2010 complaint inspection resulted in the issuance of four citations.

The proposed penalties total $49,700.

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