OSHA is revoking twenty-four obsolete variances. Between 1975 and 1977, OSHA granted permanent variances to 24 companies engaged in the construction of cylindrical steel tanks.
The variances specified several conditions that served as an alternative means of compliance to the falling-object-protection and fall-protection requirements of the standard governing general requirements for scaffolds in effect during this period. In 1996, OSHA revised its scaffolds standards for construction to include provisions that essentially duplicated the conditions specified by these variances. Therefore, OSHA believes the alternative means of compliance granted by the variances is no longer necessary and is revoking the variances.
Based on comments received in response to a December 19, 2011, notice proposing to revoke these variances (76 FR 78698), on August 7, 2012, OSHA published a notice in the Federal Register correcting several cross references in OSHA's scaffolds standards for construction (77 FR 46948).
OSHA Schedules Meetings to Discuss Crane Operator Certification Requirements
OSHA has scheduled two informal stakeholder meetings to solicit comments on the crane operator certification requirements in the Cranes and Derricks in Construction standard.
The meetings will focus on the effectiveness of crane operator certification to ensure that crane operators can safely operate equipment, and the level of competence and safe operation that certification ensures. The agency seeks information from the public on 1) the usefulness of certifying operators for different capacities of cranes, and 2) the risks of allowing an operator to operate all capacities of cranes within a specific type.
The operator qualification requirements are part of the Cranes and Derricks in Construction standard that governs crane safety. The standard is the product of a negotiated rulemaking process that began in the summer of 2003 and culminated in the publication of the final rule on August 9, 2010.
The standard requires operators to be certified by November 2014. Secondly, the standard requires that certifications issued by an accredited testing organization specify the "capacity and type" of cranes the operator is certified to operate.
OSHA will hold separate meetings from 9 a.m. to noon on April 2 and 3, 2013, at the US Department of Labor, Room N-3437 A, B, and C. The Department of Labor is located at 200 Constitution Ave., N.W., Washington, D.C. 20210.
To participate in the meeting, pre-register by calling OSHA's Directorate of Construction at 202-693-2020. Due to limited space, only one individual per organization may participate. OSHA will permit two observers from each organization, but only one observer if that organization also has a participant in a meeting. Organizations may only participate in one meeting, but may observe both if seating permits. OSHA's goal is to accommodate as wide an audience as possible of informed technical experts on crane safety and operator certification. To facilitate as much group interaction as possible, formal presentations will not be permitted.
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 SDSs.
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.
Charleston RCRA, DOT, and IATA/IMO Training
Jacksonville RCRA and DOT Training
San Antonio RCRA and DOT Training
Oregon Announces 2012 Workplace Deaths Up from 2010 Low
Thirty people covered by the Oregon workers' compensation system died on the job during 2012, the Department of Consumer and Business Services (DCBS) announced recently. It's a slight increase from last year but remains significantly lower than counts of past decades.
The year 2010 marked the state's all-time low of 17 deaths. That figure was likely tied, in part, to the economic downturn. In 2011, there were 28 deaths and, in 2009, 31 people died on the job.
On-the-job injuries have been on the decline in recent decades. In the 1990s, there was an average of 55 workplace deaths per year. In the 1980s, the average was 81 deaths. The statewide rate of reported workplace injuries and illnesses has also decreased more than 50% since the late 1980s. Oregon started tracking workplace deaths in 1943.
"As the economy continues to recover and more jobs are added, we must remain committed to workplace safety and health," said Patrick Allen, DCBS director. "Sadly, as the numbers show, not every Oregonian comes home to their family after a day at work. We must continue to work hard to change that."
Trucking/transportation and construction saw the largest concentration of deaths in 2012, with five each. That trend is consistent with past figures illustrating the high-risk nature of those sectors. No construction deaths occurred in 2010, which may relate to job losses that year, while three deaths were reported in 2011 as the economy improved.
"While the numbers are still at historically low levels, we can't forget that each death represents an individual whose life was cut short," said Michael Wood, administrator of Oregon OSHA, a division of DCBS. "These tragedies can be prevented by putting a greater focus on eliminating hazards in the workplace."
Oregon OSHA offers educational workshops, consultation services, training videos, and website information to help Oregon employers create or improve their safety and health programs.
The data reported may exclude workplace fatalities involving self-employed individuals, city of Portland police and fire employees, federal employees, and incidents occurring in Oregon to individuals with out-of-state employers. These workers are either not subject to Oregon workers' compensation coverage requirements or are covered by other compensation systems.
Deaths that occur during a prior calendar year may appear in the compensable fatality count for a later year because of the time required to process a claim.
Complete data on all deaths caused by injuries in Oregon workplaces, regardless of whether they are covered by workers' compensation insurance, are computed separately and reported in the annual Census of Fatal Occupational Injuries (CFOI) administered by the US Bureau of Labor Statistics. The 2012 CFOI report is not expected for release until fall 2013.
OSHA Cites J.R. Resources Following Worker Fatality in August 2012
OSHA fined natural gas producer and operator J.R. Resources $22,400 for eight safety and health violations at its Ringgold gas well site. OSHA began the August 2012 inspection after a worker, who was not provided or required to wear flame-resistant clothing, died from injuries sustained during a flash fire.
The seven serious violations cited include failing to require and provide flame-resistant clothing be worn when working around natural gas; provide fall protection from stairs on brine tanks; provide a written hazard communication program and training; and properly label tanks and prevent workers from riding in the bucket of a backhoe. The employer was also cited for utilizing an electric pump in the presence of flammable materials. A serious citation is issued when there is substantial probability that death or serious physical harm could result and the employer new, or should have known, of the hazard.
One other-than-serious violation was cited for failing to report the fatality to OSHA within eight hours, as required by law. 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.
"Employers are responsible for ensuring a safe working environment, and that includes finding and fixing hazards associated with the workplace," said Theresa A. Naim, director of the OSHA Erie Area Office. "OSHA will continue to hold employers responsible when they fail to protect their workers."
OSHA Fines Mahle Engine Components USA $369,000 for 26 Violations, Including Lead Exposure
OSAH has cited Mahle Engine Components USA, Inc., with 26 health and safety violations, including eight repeat, for exposing workers to electrical, lead, and machine guarding hazards at its McConnelsville automotive parts manufacturing facility. Proposed fines total $369,000.
"Employers cited for multiple safety and health violations have a responsibility to review their safety and health procedures, evaluate the hazards that exist and train workers to ensure a safe and healthful working environment," said Nick Walters, OSHA's regional director in Chicago. "When an employer, such as Mahle, is cited for repeat violations, it shows a lack of commitment to protecting the safety and health of workers. OSHA will not tolerate such negligence."
Six repeat safety violations were cited for failing to mount and identify fire extinguishers, provide machine guarding, ensure safe work practices when exposed to electrical hazards, ground pins from electrical equipment, and train workers on recognizing electrical hazards. Two repeat health violations were cited for lead exposure, including failing to record employees' blood lead levels to monitor exposure to lead, and test the clean room for lead contamination. Lead can cause damage to the nervous system and other organs if inhaled or ingested in dangerous quantities.
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. Mahle Engine Components USA was previously cited for these violations during inspections in 2009 and 2011 at the McConnelsville location as well as at facilities in Manchester, Missouri, and Trumbull, Connecticut.
A total of 18 serious violations were cited for lack of machine guarding; improper storage of acetylene and oxygen cylinders; electrical hazards; lack of load ratings on hook lifting devices; allowing operators to carry loads traveling over people creating a struck-by hazard; improper storage of respirators; failing to provide appropriate personal protective equipment and require its use; and keep the tables in the lunch room clean and free of lead accumulation.
Because of the hazards and the violations cited, Mahle Engine Components has been placed in OSHA's Severe Violator Enforcement Program, which mandates targeted follow-up inspections to ensure compliance with the law. OSHA'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 company, headquartered in Morristown, Tennessee, has operated the McConnelsville facility since 2008 and is a subsidiary of the Mahle Group, which employees about 50,000 workers and operates about 100 production plants worldwide. Inspected in 2009 and 2010, the McConnelsville facility has been cited with a total of 17 violations.
Agri-Fab Fined $93,500 after Worker Suffers Amputation Injury
OSHA has cited Agri-Fab, Inc., with three repeat safety violations after receiving a complaint that a worker suffered an amputation injury at the Sullivan manufacturing facility in September 2012. Proposed penalties total $93,500.
"Agri-Fab has a responsibility to recognize the hazards that exist in its workplace and ensure employees are properly trained in the safe operation and maintenance of equipment they are required to use," said Tom Bielema, OSHA's area director in Peoria. "Employers who are cited for repeat violations demonstrate a lack of commitment to employee safety and health."
The repeat violations cited include failing to develop, document, and utilize energy control procedures for a press and provide employee training on energy controls and require that lockout/tagout devices be attached to energy isolating devices during maintenance operations to prevent equipment from unexpectedly becoming energized. Similar citations were cited in January 2012 at the Sullivan facility.
Food Byproducts Processing Facility Fined $91,300 for Safety Violations
OSHA has cited Darling International, Inc., which operates as DarPro in Lexington, Nebraska, with six safety violations, including one repeat, for failing to properly adjust or provide adequate machine guarding at its food byproducts processing facility. Proposed penalties of $91,300 resulted from the January local emphasis program inspection for high-hazard general industry establishments, as identified by injury and illness rates in Nebraska.
"DarPro has a responsibility to recognize the hazards that exist in the workplace and ensure equipment is properly adjusted and maintained," said Bonita Winingham, OSHA's area director in Omaha. "Employers who are cited for repeat violations demonstrate a lack of commitment to employee safety and health."
The repeat violation was issued for failing to properly adjust work rest and tongue guards on grinding machinery in the company's maintenance shop. Improperly adjusted guards can expose workers to amputations and other hazards. A similar violation was cited in 2010 at the Atlantic, Missouri, facility.
A total of four serious violations were cited, including failing to maintain bench grinders and improper storage of oxygen cylinders. The other two involve electrical safe work practices, including improperly marked circuit breakers and not effectively closing unused openings in electrical boxes.
One other-than-serious citation was issued for failing to mark storage areas with approved load capacity limits.
Darling International, headquartered in Irving, Texas, recycles used restaurant cooking oil and byproducts from the beef, pork, and poultry processing industries into usable products.
Inspected by OSHA 22 times at various sites since 2005, Darling International has received several citations for violations, such as lack of fall protection, inadequate machine guarding, and electrical safety hazards.
OSHA Fines Englewood Surgical Center $68,000 for Failing to Protect Workers Exposed to Bloodborne Pathogen Hazards
OSHA's August 2012 investigation was initiated in response to a complaint and resulted in $68,000 in proposed penalties.
The serious violations include failing to counsel an employee who was stuck with a contaminated needle, test the employee's blood in a timely manner, and provide the appropriate medicine to the employee to prevent contracting a potential disease.
"If an employee is stuck with a needle, they must be afforded appropriate follow-up medical care to minimize any potential effect," said Lisa Levy, director of OSHA's area office in Hasbrouck Heights. "All medical facilities have a duty to provide a safe and healthful workplace for their employees."
Health East Ambulatory Surgical Center provides service for a wide spectrum of specialties, including same-day surgery, home nurse care, and laboratory services.
Nebraska Beef Ltd. Fined 61,000 for Violations at Beef Processing Facility
OSHA has cited Nebraska Beef, Ltd., with eight safety violations, including one repeat, for failing to guard open stairs and platforms to prevent a fall hazard at its Omaha beef processing plant. Proposed penalties of $61,084 resulted from the November local emphasis program inspection for high-hazard general industry establishments, as identified by injury and illness rates in Nebraska.
"Nebraska Beef has a responsibility to recognize the hazards that exist in the workplace and to install barriers, signage and make appropriate repairs to ensure a safe working environment," said Bonita Winingham, OSHA's area director in Omaha. "Employers who are cited for repeat violations demonstrate a lack of commitment to employee safety and health."
The repeat violation was cited for failing to provide standard railings and toe boards on open-sided floors and platforms 4 feet or above an adjacent floor or ground level. This violation was noted on a crossover platform in the scale room. A similar violation was cited in 2011.
Seven serious violations were cited for failing to post warning signs indicating permit required confined spaces, use lockout/tagout devices for purposes other than controlling energy sources, and provide an eyewash station and a clear path to safety showers for employees exposed to corrosive chemicals, such as bleach, and properly adjust machine guarding. Three of the violations involve electrical safety standards, including operating machinery with visible electrical hazards, such as broken wires and damaged junction boxes, and failing to cover outlet boxes and use permanent wiring instead of flexible electrical cords.
Nebraska Beef has been inspected 12 times since 1998, resulting in several citations for violations, such as lack of fall protection, inadequate machine guarding and electrical safety hazards.
OSHA Cites Komatsu America Corp. with Safety Violations after Worker is Killed at Manufacturing Plant
OSHA has cited Komatsu America, Corp., in Peoria, Illinois, with four safety violations, including two repeat, after a worker was injured while testing hydraulic cylinders for leakage. During that process, the hydraulic coupler on the return line of the hoist stand failed and released pressurized hydraulic fluid, which struck the worker. The employee died two days later from injuries sustained at the truck manufacturing plant in August 2012.
Two repeat violations were cited for failing to develop machine-specific energy control procedures and training to ensure workers understood energy control procedures. Similar violations were cited at the Peoria facility in January 2011.
Two serious violations were also cited for failing to evaluate and correct repeated catastrophic failures of critical machine parts, include authorized employees while conducting annual inspections, document annual inspection reviews of energy control procedures, and include each authorized employee in the review.
"Komatsu America has a responsibility to ensure equipment is maintained in good working order and that employees are properly trained in the safe operation of equipment they are required to use," said Tom Bielema, OSHA's area director in Peoria. "This unfortunate incident might have been prevented had the employer addressed previous incidents where the hydraulic coupler had failed."
Komatsu America, Corp., is a US subsidiary of Komatsu, Ltd., and is headquartered in Rolling Meadows. The company has been inspected 43 times in 12 states in the past 21 years for safety issues, such as the control of hazardous energy and machine guarding.
Proposed penalties total $82,000.
Henningsen Foods Inc. Fined $45,000 for Violations at Norfolk Food Processing Plant
OSHA has cited Henningsen Foods, Inc., with seven alleged safety violations, including one repeat, after two workers received multiple burns while performing maintenance on gas vaporizers at its Norfolk, Nebraska, facility in October 2012. The inspection was expanded under OSHA's Site Specific Targeting Program for industries with high injury and illness rates. Proposed fines total $45,000.
"Companies, such as Henningsen Foods, have a responsibility to ensure their workers are properly trained to use equipment safely that is necessary to perform their jobs," said Bonita Winingham, OSHA's area director in Omaha. "When companies demonstrate a higher than average rate of injury and illness, they need to review and improve their safety and health programs, while also training their workers."
One repeat violation was cited for failing to conduct powered industrial truck recertifications every three years. A similar violation was cited in October 2008.
A total of six serious violations involve failing to ensure that knowledgeable personnel performed maintenance on direct fired liquid petroleum gas vaporizers; document permit confined space requirements; conduct and document periodic reviews of lockout/tagout procedures for the control of hazardous energy; and guard machines, conduct hoist inspections and install proper electrical panels in damp environments.
Henningsen Foods, headquartered in Omaha, operates manufacturing facilities in David City and Ravenna, as well as a research, development, and technical services center in Omaha. The company has been inspected by OSHA five times since 2008.
OSHA Cites Mane Inc. for Repeat Safety and Health Violations
OSHA has cited Mane, Inc., with six safety and health violations after a September follow-up inspection found a repeat violation of OSHA's respiratory protection standards at its food flavoring facility in Milford, Ohio. Proposed penalties total $55,000.
"Employers who fail to correct previously noted deficiencies show a blatant disregard for worker's safety and health," said Bill Wilkerson, OSHA's area director in Cincinnati. "Employers have a responsibility to take all precautions to maintain a healthful and safe workplace."
One repeat violation was cited for failing to fit test employees for respiratory protection. A similar violation was cited in 2010.
Five serious violations were cited for failing to store and handle flammable liquids and provide adequate respiratory protection.
Mane, Inc., has been previously inspected by OSHA two times resulting in seven citations.
Pier 1 Imports Fined $45,100 for Repeat Safety Violations
OSHA has cited Pier 1 Imports with five alleged safety violations, including two repeat, for exposing workers to continued safety hazards at its Staten Island store. OSHA's September 2012 inspection was initiated in response to a complaint and resulted in $45,100 in proposed penalties.
The two repeat violations, which carry a penalty of $28,600, include failing to address the lack of clearance and working space in front of electrical panels and maintain an exit route free of obstructions. Similar violations were found at the Acton, Massachusetts, location in April 2011.
Three serious violations, with $16,500 in fines, were cited for failing to properly store materials, keep storage areas free of tripping and fire hazards and train workers on chemical hazards.
"Pier 1 Imports has demonstrated a disregard for their workers' safety by failing to correct hazards previously brought to their attention," said Patricia Jones, director of OSHA's Avenel, N.J., Area Office. "Employers are responsible for ensuring employees have a safe and healthy work environment."
Pier 1 Imports is a global importer of home d?cor items, furnishings, and gifts.
Southern Hens Inc. Cited for 43 Violations Following Fatality
OSHA initiated the inspection September 9, 2012, in response to the fatality.
The 37 serious safety and health violations cited involve failing to establish an audiometric testing program; protect propane tanks from vehicular traffic; provide personal protective equipment for employees; conduct monthly inspections of self-contained breathing apparatuses; evaluate hazards in the workplace to determine if any spaces were permit required confined spaces; identify mechanical hazards in the offal pits prior to employees entering; provide training for employees entering offal pits; develop energy control procedures for augers, chillers, scalders, cookers, and dumpers; and provide lockout/tagout training of energy sources to all affected workers. Other violations include obstructing exit routes, not having exit signs visible, a lack of machine guarding on several pieces of equipment and exposing workers to shock, struck-by, burn, crushing, tripping, falling, slipping, and amputation hazards.
Six other-than-serious safety and health violations include failing to post the approved floor load capacity for the parts supply area above the maintenance office; post not-an-exit sign in the evisceration room and steam cook area; have cover plates on electrical boxes; allow a metal duplex receptacle and flexible cord to be used instead of permanent wiring; and not labeling containers of chlorinated sanitizer and refrigeration oil.
"Employers cannot allow workers to be exposed to unguarded equipment or other workplace hazards," said Clyde Payne, OSHA's area director in Jackson, Mississippi. "It is imperative that management take immediate action to eliminate the hazards identified in this inspection before another worker is injured or killed."
The citations for the serious violations carry a proposed penalty of $160,000. The citations for the other-than-serious violations do not carry monetary penalties.
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