The Department of Labor recently announced four rules designed to reduce unnecessary burdens on employers by updating or rescinding obsolete regulations and requirements. A rule from OSHA updates and streamlines the standards for the use of mechanical power presses while the remaining three rules from the Employment and Training Administration rescind outdated Foreign Labor Certification regulations for the H-2A, F-1 and H-1A programs. The rules published recently complement President Obama's executive order 13610* to modernize the regulatory system and reduce unjustified regulatory burdens.
"Creating a framework that ensures workers are safe and treated fairly is the right thing to do, and updating rules and standards is also the right thing to do," said Dr. David Michaels, assistant secretary of labor for occupational safety and health. "The rules announced today maintain standards, lessen the burden on employers and help grow our economy."
The OSHA rule issued, along with a companion notice of proposed rulemaking, revises requirements of OSHA's standard for mechanical power presses, which punch, form or assemble metal or other materials. Workers can be exposed to hand, finger or arm injuries-often resulting in amputation-if parts of a press are worn, damaged or not operating properly. The new rule will eliminate a requirement for employers to document mandatory weekly inspections of these presses while clarifying the responsibility of employers to perform and document any maintenance or repairs necessary to protect the safety of workers who operate them. Removing the weekly inspection and test certifications will reduce 613,600 hours of unnecessary paperwork burden on employers. The final rule will be effective February18, 2014, unless OSHA receives a significant adverse comment by December 20, 2013. If the agency receives a significant adverse comment, the accompanying notice of proposed rulemaking will allow the agency to continue the notice-and-comment component of the rulemaking by withdrawing the direct final rule.
In addition, OSHA will align the existing standard's maintenance and repair provisions to the American National Standards Institute standard for safety requirements for mechanical power presses. This standard would explicitly state that maintenance and repair must be completed before the mechanical power press is operated and, in keeping with the ANSI standard, employers would certify maintenance and repair for the entire machine rather than for certain parts of the power press.
The Office of Foreign Labor Certification within the Employment and Training Administration announced three additional final rules rescinding obsolete regulations.
The first is the Direct Final Rule for the ETA Labor Certification Process for Logging Employment and Non-H-2A Agricultural Employment. This final rule rescinds the regulations found at 20 CFR 655 Subpart C, which established regulations for employers in the logging industry. Employers seeking to temporarily employ foreign workers in logging operations are now governed by the regulations in Subpart B applicable to H-2A agricultural work and the Subpart C has no force and effect.
The second is the Direct Final Rule for the ETA Attestation Process for Employers Using F-1 Students in Off-Campus Work. This final rule rescinds the regulations found at 20 CFR 655 subparts J and K, which provided rules governing employers seeking to hire F-1 foreign students as part-time workers off-campus. These subparts became obsolete after the authorizing statute and its two-year extension expired in 1996. Accordingly, the Department of Labor is taking this action to remove regulations that no longer have force and effect.
The third is the Direct Final Rule for the ETA Removal of Attestation Process for Facilities Using H-1A Registered Nurses Subparts D and E Regulations. This final rule rescinds the regulations found at 20 CFR 655 Subparts D and E, which provided rules governing health care facilities using nonimmigrant foreign workers as registered nurses under the H-1A visa program. These subparts became obsolete after the authorizing statute and all extensions expired fully on Aug. 31, 2001.Accordingly, the department is taking this action to remove regulations that no longer have force and effect.
Beat 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.
Wiser for Windows 4.5 is Now Available
The National Library of Medicine's WISER for Windows 4.5 is now available.
- Full integration of CHEMM content, which includes:
- The addition of a wealth of CHEMM reference material
- ERG content is now updated to the 2012 release. This includes the full ERG 2012 tool.
OSHA Provides On-site Compliance Assistance to Protect Tornado Recovery Workers
As residents recover from the damage caused by the recent storm that occurred in Washington, Coal City, Massac County and other areas of Illinois, OSHA urges recovery workers, employers and the public to exercise caution during cleanup and recovery efforts following the tornadoes that touched down this week. OSHA will provide compliance assistance at disaster sites to workers and the public to let them know about the hazards they may encounter, as well as the steps they should take to stay safe and healthy.
"Our main concern is the safety of the workers conducting cleanup activities. OSHA staff will be on the ground in affected areas to provide compliance assistance," said Nick Walters, OSHA's regional administrator in Chicago. "Workers are exposed to a wide array of hazards during storm recovery efforts that can be minimized by knowledge, safe work practices and the use of personal protective equipment."
Hazards involved in cleanup work may include: illness from exposure to contaminated water or food; downed electrical wires; carbon monoxide poisoning and electrical shock from portable generators; and fall and struck-by dangers from tree-trimming or working at heights. Additionally, people can be caught in unprotected excavations or confined spaces; suffer burns, lacerations or musculoskeletal injuries; and face exposure to dangerous materials and being struck by traffic or heavy equipment.
OSHA reminded employers that they are responsible for providing their workers a safe and healthful workplace. Employers are required to protect workers from the anticipated hazards associated with response and recovery operations.
For local representatives who can provide on-site assistance, call OSHA's toll-free hotline at 800-321-OSHA (6742) or the agency's Peoria Area Office at 309-589-7033.
Cary, NC HAZWOPER Training
Burbank RCRA and DOT Training
Wilmington RCRA and DOT Training
OSHA Encourages Retailers to Prepare for Black Friday
In advance of the holiday season, OSHA is encouraging retail employers to take precautions to prevent workplace injuries during major sales events, including Black Friday.
This year marks the fifth year anniversary of the death of a worker killed upon opening a large store for an after-Thanksgiving Day Black Friday sales event. In 2008, the worker was trampled to death when shoppers rushed through the store entrance to take advantage of the holiday sales. Retailers can avoid similar tragedies through crowd management and safety precautions.
"The busy shopping season should not put retail workers at risk of being injured or killed," said Dr. David Michaels, assistant secretary of labor for occupational safety and health. "OSHA urges retailers to take the time to adopt a crowd management plan and follow a few simple guidelines to prevent unnecessary harm to retail employees."
OSHA sent letters to major retailers as well as retail and fire associations nationwide reminding employers and fire chiefs about the potential hazards involved with large crowds at retail stores during the holiday season when sales events attract a higher number of shoppers. Retailers are encouraged to use the safety guidelines provided in the OSHA fact sheet they received, "Crowd Management Safety Guidelines for Retailers," in addition to their own procedures. They were also reminded to maintain appropriate access to exit routes and ensure that exits are not blocked.
Crowd management plans should, at least, include:
- On-site trained security personnel or police officers
- Barricades or rope lines for pedestrians that do not start right in front of the store's entrance
- The implementation of crowd control measures well in advance of customers arriving at the store
- Emergency procedures in place to address potential dangers
- Methods for explaining approach and entrance procedures to the arriving public
- Not allowing additional customers to enter the store when it reaches its maximum occupancy level
- Not blocking or locking exit doors
Affordable Roofing and Exteriors Cited for Exposing Roofing Workers to Fall Hazards
Affordable Roofing and Exteriors, Inc., has been cited by OSHA for five safety violations, carrying proposed penalties of $158,015, following inspections at three job sites where workers were improperly using fall protection during the installation of shingles on residential roofs. Since 2009, the Trenton-based company has been cited in five inspections for similar violations.
"It's unacceptable that Affordable Roofing and Exteriors repeatedly fails in its responsibility to ensure that workers use fall protection," said Karl Armstrong, OSHA's assistant area director in Fairview Heights. "Falls remain the leading cause of death in the construction industry, and companies must implement safeguards and create a culture of safety."
Residential job sites were inspected on July 15 in the 1400 block of Nameoki Road in Granite City. On June 27, an inspection took place in the 700 block of Lebanon Avenue in Belleville. On May 16, an inspection occurred in the 200 block of Dodge in Belleville.
At each job site, a willful violation was cited for failing to ensure workers used fall protection while performing residential roofing. The inspections were initiated under the national emphasis program for fall safety. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirement, or with plain indifference to employee safety and health.
Two serious violations were cited at the Belleville job site for failing to provide eye protection to workers who used pneumatic nail guns and provide a ladder to access upper landings safely. 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.
The page offers fact sheets, posters and videos that vividly illustrate various fall hazards and appropriate preventive measures. 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 construction activities 6 feet or more above the next lower level.
Ferdo Refrigeration Equipment, Inc. Fails to Correct Previously Cited Hazards, Faces Additional Fines
Ferdo Refrigeration Equipment, Inc., a Bronx, New York, company that refurbishes commercial refrigerators, faces an additional $108,080 in fines from OSHA, chiefly for not correcting specific workplace safety and health hazards cited during previous inspections at the workplace located at 429 Devoe Ave.
"Employees continued to be exposed to fire, explosion, falls and chemical hazards and to being unable to exit the workplace swiftly in an emergency," said Diana Cortez, OSHA's area director for Bronx, Westchester and Rockland counties. "The large, additional proposed fines stem directly from this employer's refusal to address these potentially life-threatening hazards. Employers must understand that ignoring OSHA citations and fines carries consequences, even beyond finances. The health and well-being of their employees are at stake."
OSHA's Tarrytown Area Office cited the company in April 2013 for 15 serious safety and health violations and proposed $16,447 in fines. Ferdo Refrigeration Equipment did not respond to the citations and to OSHA's repeat attempts to contact the company to verify correction of hazards. As a result, OSHA opened a follow-up inspection in May.
The eight uncorrected hazards include failing to provide a guardrail to prevent falls from an open-sided floor; ensure an exit did not discharge to a public way; mark emergency exits; provide explosion-proof wiring and equipment for areas where flammable gases or vapors are present; develop a written chemical hazard communication program; and provide training and safety data sheets for hazardous chemicals used in the workplace. Eight failure-to-abate notices, carrying $80,080 in fines, were issued for these conditions. A failure-to-abate notice applies to a condition, hazard or practice for which the employer was originally cited, and upon reinspection, was found to have not corrected.
Three repeat citations, with $8,800 in fines, involve failing to ensure to keep an exit route unobstructed, maintain walls and work surfaces free of combustible residue accumulation, and to provide respirator users with information and medical evaluations. 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.
Twelve serious citations, with $19,200 in fines, were issued for newly identified hazards, including failing to provide chemical-resistant coveralls, gloves, protective eyewear and suitable drenching facilities for workers exposed to methylene chloride, paint overspray or corrosive liquids; monitor for methylene chloride; have fire extinguishers where flammable liquids are sprayed; secure compressed gas cylinders; provide protective footwear; and address forklift, machine guarding and electrical hazards.
Big Lots Stores Inc. Faces $169,000 in Fines for Exit Access, Crushing, Struck-by Hazards
The Columbus, Ohio, retail chain faces $169,000 in proposed fines.
"The size of these fines reflects both the severity of these hazards and the recurrence of similar violations at the company's other stores," said Anthony Ciuffo, OSHA's area director for Long Island. "For the safety and well-being of its employees, Big Lots needs to address these conditions effectively at all its locations."
OSHA found several hazardous conditions similar to those previously cited at Big Lots stores in Alabama, Massachusetts and Pennsylvania, including exit routes and aisles blocked by piles and pallets of merchandise, as well as improperly stacked boxes containing merchandise. The obstructed aisles and exit routes compromise safe exiting in an emergency, while the improperly stacked boxes, some of which were crushed and leaning, could fall and strike workers.
These conditions resulted in OSHA issuing Big Lots three repeat citations with $147,000 in fines.
The inspection of the West Babylon store also resulted in the issuance of five serious citations with $22,000 in fines. These citations regard the store's failure to properly mark and post aisles, and exit routes and doors that could be mistaken for exits; lack of portable fire extinguisher training; and lack of training, material safety data sheets and a written hazard communication program for workers using chemical cleansers.
Tyson Foods Fined $121,720 for Workplace Safety Hazards
The processor and marketer of chicken, beef, and pork faces a total of $121,720 in proposed fines. The inspection, which began on May 15, was conducted under OSHA's Site Specific Targeting Program, which directs enforcement resources to high-hazard workplaces with the highest rates of injuries and illnesses.
"These new and recurring hazards exposed the plant's workers to falls, electrocution, burns, being caught in unexpectedly activated machinery and ammonia," said Art Dube, OSHA's area director in Buffalo. "Tyson Foods needs to address these hazards quickly, effectively and completely, so they do not occur again."
OSHA found a cross section of mechanical, electrical and fall hazards, as well as several deficiencies in the plant's process safety management program for its refrigeration system that uses large amounts of ammonia. The hazards include failing to guard skylights and roof hatchway, guard a press, provide safety-related work practices to prevent electric shock and arc flash burns, and provide workers with protective equipment when using energized equipment. These conditions resulted in the issuance of 11 serious citations with $61,000 in fines.
The inspection also identified three hazards similar to those cited in Hutchinson, Kansas; Concordia, Missouri; and Dakota City, Nebraska. These recurring hazards involve failing to document that refrigeration equipment complied with generally accepted good engineering practices, guard floor holes and maintain a sufficient work space in front of electrical equipment. Three repeat citations were issued with $60,720 in fines.
Severe Violator Cited for Recurring Hazards at Philadelphia Work Site
OSHA has cited McGee Plastering & Stucco, Inc., for four safety violations, including two willful, found during bricklaying operations on new residential homes at a Philadelphia site. An imminent danger complaint prompted OSHA's investigation in May, resulting in $89,760 in proposed fines. The company was recently cited in September 2013.
"Six prior inspections for serious and repeat violations indicate a pattern of disregard for safety and workers' well-being that will not be tolerated," said Domenick Salvatore, director of OSHA's Philadelphia Area Office. "These hazards pose a risk to employees and must be corrected promptly to ensure a safe workplace."
The willful violations, with a $77,000 penalty, concern the company's failure to provide guardrails and install restraints/braces to prevent a scaffold collapse as workers performed bricklaying operations.
Carrying an $11,000 penalty, one repeat violation involves not providing workers with safe access to the working levels of the tubular, welded frame scaffold. Similar violations were cited in September and October 2010 and July 2011.
Prior to the current inspection, the company was placed in OSHA's Severe Violator Enforcement Program. 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.
The $1,760 penalty for serious violations concerns failing to develop and implement a hazard communication program to include worker training, and have material safety data sheets available when working with Portland cement, dolomitic lime and hydrochloric acid.
Airworks Construction Fined $37,000 for Exposing Workers to Falls
OSHA has cited Luthersburg, Pennsylvania, roofing contractor Airworks Construction for safety violations, including one willful, found while workers were replacing a roof on a residence in Williamsport. OSHA's August inspection was prompted by a complaint alleging fall hazards and was part of the agency's regional and national emphasis programs on construction falls. Proposed penalties total $36,960.
"Fall protection is critical when working on roofs," said Mark Stelmack, director of OSHA's Wilkes-Barre Area Office. "To establish a safe and protective workplace, employers must provide effective fall protection and ensure workers are trained to recognize and address fall hazards."
The willful violation, carrying a $30,800 penalty, was due to the company's failure to provide workers with fall protection while working from the roof surface, resulting in exposure to fall hazards of up to 22 feet.
Three serious violations, with a $6,160 penalty, were cited for failing to ensure use of eye protection when operating a pneumatic nailer; use of a safety harness when working from an aerial lift and associated training; and proper use of portable ladders.
The page offers fact sheets, posters and videos that vividly illustrate various fall hazards and appropriate preventive measures.
Welspun Tubular LLC Exposes Workers to Possible Amputation Hazards
OSHA has cited Welspun Tubular, LLC, in Little Rock for two safety and health violations for exposing workers to possible amputation hazards at its Little Rock facility. The complaint inspection, which began in May, is part of OSHA's national emphasis program for amputations. The proposed penalty is $77,000.
"Establishing and training workers on safety protocols, along with implementing and enforcing those protocols, are key aspects of any safety and health program," said Carlos Reynolds, OSHA's area director in Little Rock. "To protect its workers, this company must comply with OSHA standards."
A willful violation, with a fine of $70,000, was cited for failing to use listed or labeled electrical equipment, in accordance with manufacturer instructions.
A serious violation, with a fine of $7,000, was cited for failing to install equipment and/or controls to prevent pipes from moving and crushing workers.
The Mumbai, India-based company is a worldwide pipe manufacturer that employs more than 20,000 workers globally, with about 244 workers at its Little Rock facility.
Wisconsin Excavation Contractor Fined over $70,000 for Cave-in Hazards
PTS Contractors, Inc., a Green Bay-based excavation contractor, has been cited by OSHA for four repeat and two serious safety violations carrying proposed penalties of $70,070.
"It's unacceptable that PTS Contractors failed to follow safety standards that protect workers from known excavation hazards, such as a trench collapse," said Robert Bonack, OSHA's area director in Appleton. "These types of hazards result in numerous fatalities and injuries. No job should put workers at risk due to lack of employer-provided training and protection."
Four repeat violations were cited for failing to provide a means of safe access and egress during trenching and excavation work; keep excavated material away from the edge of the trench; not using protective systems, such as harnesses, properly; and have a competent person remove workers from a trench when identifying hazards. Similar violations were cited in 2009 and 2010.
Additionally, two serious violations were cited for failing to provide a safe and acceptable means to locate underground utilities, which resulted in a gas line being struck and damaged by excavating equipment, and to protect workers from cave-in hazards.
OSHA standards mandate that all excavations 5 feet or deeper be protected against collapse.
As a result of the inspections, OSHA has placed PTS Contractors in its Severe Violator Enforcement Program. The program mandates targeted follow-up inspections to ensure compliance with the law. The program focuses on recalcitrant employers that endanger workers by committing willful, repeat or failure-to-abate violations. OSHA has inspected the company five times since 2009, and 28 times since 1984. Fourteen inspections involved serious, willful and repeat violations of excavation hazards.
Judge Orders Star Air, Akron Reserve Ammunition, Owner to Pay More than $300,000 to Terminated Ohio Truck Drivers
Under terms of a consent judgment, a now defunct North Canton, Ohio-based company, Star Air Inc., and owner Robert R. Custer, will pay two Ohio truck drivers $302,000 to resolve a lawsuit filed by the US Department of Labor for terminating two of the company's drivers in violation of the 1982 Surface Transportation Assistance Act's whistleblower provisions. Akron Reserve Ammunition, Inc., was also named a defendant in the lawsuit because the department alleges that the company, which is owned by Custer, is the successor to Star Air.
"These drivers were fired for trying to protect themselves and the driving public," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "No truck driver should be forced to drive while tired, sick or in violation of truck weight or hours-of-service requirements. OSHA will continue to defend America's truck drivers against unscrupulous employers who unlawfully retaliate against drivers who assert their right to drive safely."
The drivers were dismissed after one was stopped by West Virginia State Police and cited for: hauling an excess load without a commercial driver's license, operating an overweight trailer and driving without a logbook. The commercial vehicle also did not have the name of the company, its home base or its US Department of Transportation number displayed. The driver who was cited informed another driver, who was also operating without the proper information displayed, and they refused to continue driving until these issues were resolved. Consequently, both were terminated.
Both drivers filed complaints with OSHA alleging that Star Air had discriminated against them in retaliation for activities protected by the STAA, and a Labor Department administrative law judge issued the order for reinstatement and back wages. Under automatic review provisions, the judge's decision then was referred to and upheld by the Administrative Review Board, which issues final decisions for the secretary of labor in cases arising under a wide range of worker protection laws.
The companies and Custer will pay the $302,000 agreed upon amount over a three-year period. If any party defaults on payments, the court can order the payment of the entire amount awarded in the judgment, which is $685,785.22. The US District Court for the Northern District of Ohio, Eastern Division, in Akron made the ruling. The department is represented by its Regional Office of the Solicitor in Cleveland.
Under the various whistleblower provisions enacted by Congress, employers are prohibited from retaliating against employees who raise various protected concerns or provide protected information to the employer or the government. Employees who believe that they have been retaliated against for engaging in protected conduct may file a complaint with the secretary of labor for an investigation by OSHA's Whistleblower Protection Program.
Endot Industries, Inc. Fined Over $51,00 for 18 Health and Safety Violations
OSHA has cited plastic pipe manufacturer Endot Industries, Inc., for 18 health and safety violations found at the company's facility in Rockaway NJ. OSHA's inspection began in July based on a referral and as part of the agency's Site-Specific Targeting Program, which directs enforcement resources to high-hazard workplaces with the highest rates of injuries and illnesses. Proposed penalties total $51,800.
"Endot Industries has a duty to protect its employees and should take immediate steps to correct these cited violations," said Kris Hoffman, director of OSHA's Parsippany Area Office. "OSHA will continue to hold employers legally responsible when they fail to provide a safe and healthful workplace for their workers."
Seventeen serious violations include the company's failure to develop and implement a written hazard communication program for workers using propane and acetylene; a respiratory protection program for workers using full-face negative pressure respirators on a voluntary basis; establish and implement a hearing conservation program for workers exposed to noise levels over 85 decibels; train workers on propane and acetylene hazards; establish an energy control program; and provide training and develop equipment-specific procedures prior to conducting service and maintenance. Additionally, the company failed to maintain unobstructed exit routes and post directional exit signs; provide practical training and performance evaluations for workers operating forklifts; provide training in the use of portable fire extinguishers to workers acting as fire watches; ensure proper use of flexible cords; and properly guard manufacturing equipment.
OSHA inspectors also cited one other-than-serious violation for failing to provide Appendix D training to workers wearing filtering facepiece respirators on a voluntary basis. The citation carries no penalty. 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.
NHTSA Announces Final Rule Requiring Seat Belts on Motorcoaches
The DOT’s National Highway Traffic Safety Administration (NHTSA) recently issued a final rule requiring lap and shoulder seat belts for each passenger and driver seat on new motorcoaches and other large buses. This new rule enhances the safety of these vehicles by significantly reducing the risk of fatalities and serious injuries in frontal crashes and the risk of occupant ejection in rollovers.
“Safety is our highest priority and we are committed to reducing the number of deaths and injuries on our roadways,” said US Transportation Secretary Anthony Foxx. “Today’s rule is a significant step forward in our efforts to improve motorcoach safety.”
On average, 21 motorcoach and large bus occupants are killed and 7,934 are injured annually in motor vehicle crashes, according to NHTSA data. Requiring seat belts could reduce fatalities by up to 44% and reduce the number of moderate to severe injuries by up to 45%.
“While travel on motorcoaches is overall a safe form of transportation, when accidents do occur, there is the potential for a greater number of deaths and serious injuries due to the number of occupants and high speeds at which the vehicles are traveling,” said NHTSA Administrator David Strickland. “Adding seat belts to motorcoaches increases safety for all passengers and drivers, especially in the event of a rollover crash.”
“Buckling up is the most effective way to prevent deaths and injuries in all vehicular crashes, including motorcoaches,” said Federal Motor Carrier Safety Administrator Anne S. Ferro. “Requiring seat belts in new models is another strong step we are taking to reach an even higher level of safety for bus passengers.”
The final rule, which amends Federal Motor Vehicle Safety Standard 208, applies to new over-the-road buses and to other types of new buses with a gross vehicle weight rating (GVWR) greater than 11,793 kilograms (26,000 lbs), except transit buses and school buses. This final rule fulfills a mandate from the Moving Ahead for Progress in the 21st Century Act (MAP-21). Beginning in November 2016, newly manufactured buses will be required to be equipped with lap and shoulder belts for each driver and passenger seat.
Several companies have already begun voluntarily purchasing buses that include seat belts and the Department will continue encouraging the industry to speed the adoption of lap and shoulder seat belts prior to the mandatory deadline. In addition, the Department will continue moving forward with other initiatives to improve motorcoach safety as outlined in the Motorcoach Safety Action Plan.
Oregon OSHA Cites Meat Company for Willful Safety Violations
The Oregon Occupational Safety and Health Division (Oregon OSHA) has fined Bright Oaks Meat, Inc., $7,850 after an employee's hand was pulled into a meat tenderizing machine. The fine, based on a willful violation, was the result of an inspection on August 12, 2013.
The accident occurred on August 3, 2013, when a female worker was feeding meat into the tenderizing machine. The investigation found her gloved right hand was pulled into the blades. Two fingers were severely fractured and cuts to her hand required 60 stitches. The report also showed the worker, who had been employed at Bright Oaks Meat for about a year, never used the machine with the guard.
Oregon OSHA cited the business for failing to guard the meat tenderizing machine, failing to report an overnight hospitalization to Oregon OSHA within 24 hours, and lack of a safety committee.
"This employer consciously neglected a safety measure that could have prevented the injury," said Oregon OSHA Administrator Michael Wood. "There is no reason for an employer to decide it can simply disregard the rules."
The inspection also revealed the guard had been missing for two years before the accident and no effort was made to replace it. A willful violation, where an employer intentionally or knowingly allows a violation to occur, can result in a $70,000 penalty. In this case, Oregon OSHA, a division of the Department of Consumer and Business Services, issued a lower penalty because the business is a small employer and the violation was unlikely to cause the death of a worker.
Cintas Corporation Receives Highest Distinction for Workplace Safety and Health
“Being recognized as a VPP Star site is a proud accomplishment. Cintas’ Fort Wayne facilities are prime examples of the dedication to Hoosier workplace safety and health the department is excited to see,” IDOL Commissioner Rick Ruble said. “Their commitment to maximizing employee participation while working to improve their worksite safety and health program is a model for all businesses to follow.”
VPP Star certification is awarded to companies with a commitment to safety and health management excellence and outstanding health and safety records.
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 Cintas Fort Wayne facilities employ nearly 200 full-time Hoosier workers who provide industrial laundry, uniform rental, and other services. Fifteen Cintas Corporation sites nationwide have been awarded VPP Star status.
Safety News Links
