OSHA Seeks Comments on Proposed Updates, Revisions to the Occupational Injury and Illness Tracking and Reporting Requirements

June 27, 2011

“These proposed recordkeeping updates will better enable OSHA, employers and workers to identify hazards in high-risk worksites,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “The proposed reporting revisions will enable OSHA to more effectively and efficiently target occupational safety and health hazards, preventing additional injuries and fatalities.”

The new proposed reporting requirements revised OSHA’s current regulation that requires an employer to report to OSHA, within eight hours, all work-related fatalities and in-patient hospitalizations of three or more employees. Under the revised proposal, employers would be required to report to OSHA any work-related fatalities and all in-patient hospitalizations within eight hours, and work-related amputations within 24 hours. Reporting amputations is not required under the current regulation.

OSHA is also proposing to update Appendix A of the recordkeeping rule (Part 1904 Subpart B) that lists industries partially exempt from the requirements to maintain work-related injury or illness logs. These industries received partial exemption because of their relatively low injury and illness rates. The current list of industries is based on the Standard Industrial Classification system. The North American Industry Classification System was introduced in 1997 to replace the SIC system for classifying establishments by industry. When OSHA issued the recordkeeping rule in 2001, the agency used the old SIC code system because injury and illness data were not yet available based on the NAICS. OSHA is also updating Appendix A in response to a 2009 Government Accountability Office report recommending that the agency update the coverage of the relevant recordkeeping requirements from the old SIC system to the newer NAICS.

OSHA is requesting public comments on the proposed revisions, and has included in the proposed rule’s preamble specific questions about issues and potential alternatives. Comments must be submitted by September 20, 2011. See the Federal Register notice for details on how to submit comments. General and technical inquiries should be directed to Jens Svenson, OSHA Office of Statistical Analysis, at 202-693-2400.

 

How to Prepare for OSHA Adoption of the GHS for Classification and Labeling of Chemicals

This means that virtually every product label, material safety data sheet (soon to be called “safety data sheet”), and written hazard communication plan must be revised to meet the new standard. Worker training must be updated so that workers can recognize and understand the symbols and pictograms on the new labels as well as the new hazard statements and precautions on MSDSs.

Environmental Resource Center is offering webcast training courses where you will learn how the new rule differs from current requirements, how to implement the changes, and when the changes must be implemented. Dates for the upcoming webcasts include:

  • June 30
  • July 15
  • July 29

 

Advertising Opportunities Available

 

Fueling Your Summer Safely

One look at the rising mercury reminds us that summer is nearly here and that means it is time to till the garden, mow the lawn, and cool off when the chores are done with a boat ride round the lake. Fueling many of these standard summer activities is gasoline.

Although seemingly indispensable in our modern lifestyle, gasoline is one of the most dangerous chemicals with which we routinely come in contact because all of the compounds it contains are toxic. It is extremely flammable and noxious and—when spilled on the ground—can be highly harmful to the environment and to the water we drink to beat the summer heat.

Recently there has been much concern about engine performance and storage issues with gasoline containing ethanol or E10. Because of ethanol’s affinity for water, improperly stored E10 gasoline can undergo something called “phase separation.” Phase separation occurs when the ethanol in the gasoline absorbs excess water until it actually separates from the gasoline. The gasoline then floats on top of this water/ethanol combination that sits in the bottom of the tank. Because most small engines receive their fuel from the bottom of the tank, the engine will not work. Ethanol is also a powerful solvent that will clean out the gunk and “build up” in fuel tanks and engines, resulting in clogged fuel filters and carburetors.

So how do you prevent these issues from occurring? Properly storing gasoline, in approved containers away from your living area, is one way to make sure that groundwater contamination and fire from gasoline spills don’t endanger us and our families. The flammability of gasoline is also important to keep in mind. Starting a brush fire with gasoline is begging for trouble—the initial flash from burning gasoline catches many people off guard and can cause major burns when the gasoline vapors in the air also catch fire.

Only buying what we need for each job ensures we’re not stuck with “old” gas at the end of the season. If you store gasoline for more than 30 days, add a stabilizer (available at most hardware and small engine repair shops) approved for use with ethanol. Keep the container or tank 95% full to allow for thermal expansion of the fuel and limit the air space, which reduces condensation and therefore water build up. If you do find yourself with old gummy or phase separated gasoline, you should consider it a hazardous waste. The only safe way to dispose of it is to take it in on your local hazardous waste drop-off day or an approved hazardous waste disposal site (call your town office for the one nearest you).

Where gasoline is concerned, it is wise to store only what fuel we need and prevent spillage. It’s best that we limit our exposure to gasoline, no matter how useful, because it is, and always will be, a hazardous material.

OSHA Proposes $119,000 in Fines to Honeywell International for Safety Violations Following Vapor Release

OSHA has cited Honeywell International Inc., with 17 serious safety violations for process safety management violations after its Metropolis, Illinois, processing plant experienced a release of hydrogen fluoride vapor. Proposed penalties total $119,000.

The incident occurred on December 22, 2010. There were no reported injuries as a result of the incident, which was rectified by the company’s internal response team.

“Honeywell International has a responsibility to properly train its employees, and to strictly adhere to safety procedures and processes in all facilities,” said Tom Bielema, OSHA’s area director in Peoria. “OSHA is committed to ensuring that all workers are provided a safe and healthful workplace.”

Honeywell International processes raw/mine-extracted uranium into uranium hexafluoride, which is used is for nuclear power generation applications. The company employs approximately 560 workers at the Metropolis facility.

An inspection was initiated under OSHA’s national emphasis program on facilities that could potentially release hazardous chemicals. Violations include allowing cylinders to be exposed to physical damage; having inaccurate field verifications on tanks and values; using equipment that was not in compliance with recognized and generally accepted good engineering practices; failing to have clear written operating instructions for processes such as unloading hydrogen fluoride into storage tanks and switching storage tanks; failing to address human factors in relation to remote operating valves on the hydrogen fluoride storage tanks; failing to document and resolve issues addressed by the process hazard analysis team; failing to establish written procedures to maintain the integrity of process equipment; failing to implement written emergency operating procedures for emptying hydrogen fluoride tanks; failing to perform appropriate checks and inspections to ensure equipment was properly installed; and failing to establish and implement written procedures to manage changes to process chemicals, equipment, and procedures. The company also was cited for a deficient incident report that did not include factors contributing to the vapor release and the recommendation resulting from the internal investigation.

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.

OSHA Cites Plastic Systems LLC for Exposing Workers to Safety and Health Hazards

OSHA has cited Plastic Systems LLC for eight serious, three repeat, and one other-than-serious violation after an inspection at the company’s facility in El Paso, Texas, uncovered safety and health hazards. Proposed penalties total $96,000.

“This is not the first time Plastic Systems has exposed its workers to preventable workplace hazards,” said Zachary Barnett, OSHA’s area director in El Paso. “It is fortunate in this case that there were no injuries or accidents.”

OSHA’s El Paso Area Office initiated an inspection on January 5. Serious violations include failing to maintain a workplace in a clean and orderly manner; maintain an effective hearing conservation program; provide eye protection for employees working near grinding machinery; properly guard industrial machines; ensure forklift operators were certified; and address electrical hazards such as broken wires, open conductors, and receptacles.

Repeat violations include failing to develop and document procedures for an energy control program and periodically inspect an energy control program. 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. OSHA cited the company last year for similar violations with proposed penalties of $15,000.

The other-than-serious violation is for failing to certify annual injury and illness logs. 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.

Plastic Systems, which employs about 238 workers at its El Paso facility, has 15 business days from receipt of citations to comply, request an informal conference with OSHA’s area director in El Paso or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.

OSHA Cites MedPlast for Workplace Safety and Health Hazards at New Jersey Facility

OSHA has cited MedPlast Inc., for exposing workers to safety and health hazards at its West Berlin, New Jersey, facility. OSHA initiated an inspection on March 17 as part of its Site-Specific Targeting Program for employers with higher-than-average injury and illness rates. Proposed penalties total $72,000.

“By disregarding OSHA’s standards, MedPlast exposed its workers to serious injuries and possible death,” said Paula Dixon-Roderick, director of the agency’s Marlton Area Office. “It is vital that the company address all of the identified hazards to ensure that employees have a safe and healthful work environment.”

Seventeen serious violations carrying $70,000 in fines include the company’s failure to ensure exits were unblocked; provide eye protection approved by the American National Standards Institute; provide written energy source lockout/tagout procedures; train employees on fire extinguishers; provide proper forklift training and ensure the training was certified; conduct inspections on powered industrial equipment; visibly mark a crane’s rated load, and conduct monthly inspections on hoist chains and hooks; provide machine guarding; ensure grinder workrest and tongue guards were properly adjusted close to the wheels; ensure compressed air was reduced to 30 pounds per square inch; store oxygen and acetylene fuel gas cylinders separately; provide proper light fixture guarding; conduct noise monitoring; provide audiometric testing for employees overexposed to noise; and provide noise training.

Nine other-than-serious violations carrying $2,000 in fines relate to the company’s deficiencies with OSHA Form 300, the Log of Work-Related Injuries and Illnesses; failure to provide access to an electrical panel; and properly mark plastic spray containers containing liquids with their contents.

Tempe, Arizona-based MedPlast Inc., designs and manufactures parts for telecommunications and medical products. The company employs 160 workers at its West Berlin facility.

OSHA Cites Hobbs Bonded Fiber Inc with 29 Serious Workplace Violations

OSHA has cited Hobbs Bonded Fiber Inc., with 29 serious violations following a December 27, 2010, safety and health inspection. OSHA’s Fort Worth Area Office initiated the inspection in response to a complaint alleging unsafe working conditions at the company’s facility on Commerce Drive in Waco, Texas. Proposed penalties total $161,100.

“This company exposed its employees to avoidable workplace hazards,” said Jack Rector, OSHA’s area director in Fort Worth. “OSHA’s safety standards must be followed to prevent injuries, accidents and fatalities.”

Violations include failing to develop and implement a respiratory program; provide training for employees entering confined spaces where an oxygen deficiency may exist; develop a plan to avoid employee exposure to bloodborne pathogens; provide an area for employees to wash their eyes; ensure that compressed oxygen and acetylene gas cylinders were stored separately; provide hazard communication training to employees working with hazardous and toxic chemicals; adequately guard rotating belts, pulleys, chains and sprockets from pinch points and at the point of operation; and provide covers on junction, outlet and transformer boxes.

Hobbs Bonded Fiber, which employs about 160 workers, specializes in the development and manufacturing of nonwoven products for industrial and consumer markets. The company has 15 business days from receipt of citations to comply, request an informal conference with OSHA’s area director in Fort Worth or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.

OSHA Cites Newark Construction Company for Fall, Other Workplace Safety Hazards Found at Two New Jersey Work Sites

OSHA has cited CMZ Construction LLC for exposing workers to safety hazards at a residential home construction site in Iselin, New Jersey, and a 13-building apartment complex in Springfield, New Jersey. Proposed penalties total $157,080.

OSHA initiated its inspection as part of a local emphasis program on fall protection. As a result, the company was cited for three willful violations with penalties of $128,700, one repeat violation with a penalty of $9,240, and four serious violations with penalties of $19,140.

“Each of these violations leaves employees vulnerable to hazards that can cause injury and possible death,” said Patricia Jones, director of OSHA’s Avenel Area Office. “It is vital that the company correct these violations immediately to ensure a safe and healthy work environment for its employees.”

The willful violations include failing to protect employees from falls at heights of 28 and 40 feet, and not providing head protection. A willful violation is one committed with intentional knowing or voluntary disregard for the law’s requirements, or with plain indifference to worker safety and health.

The repeat violation addresses the company’s failure to provide eye and face protection.

The serious violations include the company’s use of ladders with structural defects and the use of a worn or frayed electrical cord at the job site.

CMZ Construction employs a total of 21 workers, with five workers employed at the inspected sites.

Mississippi Recycling Company Cited for Willful and Serious Violations Following Worker’s Double Amputation

OSHA has cited Triple P Farms Inc., for four safety violations. OSHA opened an inspection in February after an incident in which a worker had both legs amputated when his foot got caught in a baling machine as he attempted to clear cardboard that had jammed in the machine at MTD Products in Verona, Mississippi.

“These amputations could have been prevented if the company had been following proper safety procedures,” said Clyde Payne, OSHA’s area director in Jackson. “A lockout/tagout program should have been in place for equipment like the baling machine, in order to protect workers from serious injury or death.”

One willful violation was cited for failing to develop an energy control program for employees performing servicing and maintenance on equipment.

Three serious violations include failing to provide energy control training; failing to certify that each forklift operator had been trained and evaluated; and allowing the fixed stairs’ height and width to be uneven.

The worker was employed by Triple P Farms to perform waste disposal and recycling. Triple P Farms was assigned as a contractor to MTD Manufacturing. Triple P Farms is a recycling company located in Glen, Mississippi. MTD Manufacturing was not cited for any OSHA violations.

Proposed penalties total $73,500. Triple P Farms recycles corrugated cardboard, plastics, and wooden pallets.

OSHA Cites Fort Lauderdale Manufacturer Following Amputation

OSHA has cited Jefco Manufacturing Inc., in Fort Lauderdale, Florida, for six safety violations following a January incident in which a worker suffered an amputation of three fingers while operating a mechanical power press. Proposed penalties for the citations total $94,200.

Two willful violations relate to the amputation, including exposing workers to unguarded machinery and failing to have adequate guarding on the hydraulic brake press, which exposes employees to hand amputations.

Three serious violations include exposing workers to flying pieces of metal, allowing the turnover bars used to adjust the mechanical power presses not to be spring-loaded, and failing to use safety blocks when adjusting or repairing the die on the power presses.

One other-than-serious violation was cited with no monetary penalty for not having the inspection records for the power presses.

“This employer is aware of OSHA’s requirements for machine guarding, but continues to choose to put workers at risk,” said Darlene Fossum, OSHA’s area director in Fort Lauderdale. “It is the company’s responsibility to ensure a safe workplace.”

Jefco Manufacturing makes custom hinges for boats.

Atlanta Manufacturer for Hospitality and Travel Industries Cited for Safety and Health Violations

OSHA has cited Levent Industries in Atlanta for 18 safety and health violations following a February health inspection that began as part of a national emphasis program on silica hazards. It was later expanded to include a safety inspection after investigators identified alleged safety hazards. Proposed penalties total $49,000.

The company was cited for 13 serious safety violations, including exposing workers to explosive hazards by improperly using polyvinyl chloride, or PVC, pipe to transport compressed air; using compressed air at greater than 30 pounds per square inch to clean equipment; having an emergency door that could not open quickly enough in case of fire; and having a lockout/tagout program for energy sources that lacked machine-specific procedures. Four of the violations relate to a lack of machine guards, due to missing guards on production equipment, a power press, a bench grinder, and a bench grinder with an abrasive wheel. Additionally, electrical hazards include using two outlet boxes as extension cords, blocking electrical breaker boxes, using an extension cord that was missing its ground pin, using an electrical breaker box with missing blanks, and using extension cords as fixed wiring.

Two serious health violations were cited for failing to provide welding curtains for the protection of adjacent employees and to provide a hazard communication program for employees.

Three other-than-serious violations, with no monetary penalties, were cited for not having a portable fire extinguisher that was mounted to allow employee access, not establishing a hearing conservation program, and not establishing a written respiratory protection program for employees.

“Management needs to take a comprehensive approach to correct these violations, which are endangering workers’ safety and health,” said Andre Richards, director of OSHA’s Atlanta-West Area Office. “Many of these violations can be easily corrected, while not correcting them could result in serious injury or death.”

Levent Industries does business as Architectural Brass Co., and manufactures a variety of products out of metal and wood for the hospitality, gaming, and travel industries. Items produced include luggage carts, trash and recycling units, benches, and planters.

Georgia Roofing Company Cited for Exposing Workers to Fall and Struck-by Hazards

OSHA has cited Peach State Roofing Inc., of Lawrenceville, Georgia, with five safety violations for exposing workers to fall hazards at work sites where roofs were being renovated and installed in Atlanta and Temple Terrace, Florida. Proposed penalties total $155,800.

In December 2010, OSHA began its inspection at the Cumberland Mall in Atlanta after Peach State Roofing employees were observed exposed to a fall hazard while working along the edge of a flat roof. In January, employees at the Temple Terrace downtown redevelopment location were observed working on two roofs without fall protection.

For the Cumberland Mall site hazards, the company has been cited for one repeat violation with a $70,000 penalty for allowing employees to be exposed to falling approximately 36 feet to the ground while installing roof insulation and placing debris into a chute. Peach State Roofing was most recently cited in May 2008 for similar violations at a Pinellas Park, Florida, work site.

A serious violation also was cited at this location for failing to require workers to wear eye protection, thus exposing them to struck-by hazards. The proposed penalty is $4,400.

For the Temple Terrace site hazards, the employer has been cited for one willful violation with a penalty of $70,000 for exposing workers to a fall of 29 feet while installing roofing tile by failing to provide fall protection.

Additionally, two serious violations with $11,400 in fines include exposing employees to struck-by hazards by not requiring them to wear eye protection and allowing workers to carry heavy roofing tiles up a ladder by balancing them on their shoulders with one hand, which exposed them to a 9-foot fall.

“This employer knows what the fall protection requirements are, but continues to expose employees to the risk of serious injury or death,” said Andre Richards, director of OSHA’s Atlanta-West Area Office. “OSHA will not tolerate this blatant disregard for workers’ safety.”

OSHA Proposes Nearly $46,000 in Penalties for Englander Mattress Manufacturer for Serious Safety Violations

OSHA has cited Spears Mattress Co., in Rome, Georgia, for 14 serious safety violations. OSHA began its inspection as part of its Site-Specific Targeting Program, which focuses enforcement efforts on industries that report higher-than-average injury rates. Penalties total $45,850.

The violations include improper storage of oxygen and acetylene compressed gas cylinders, fire extinguishers not mounted or identified, a malfunctioning emergency exit sign, walking and storage areas cluttered with flammables and heavy equipment, missing machine guards on equipment, a drill press that was not secured to prevent movement during operation, improperly adjusted bench grinders, and allowing an employee to operate a forklift with nonfunctioning emergency brakes.

Electrical hazards include a damaged flexible metal conduit, electrical panel boxes with unclosed openings, an electrical box with a missing blank, an electrical conduit that was crushed and pulled apart, an electrical receptacle with a missing cover plate and hazards from improperly installed fluorescent lighting. Additionally, an employee was observed washing parts in a solvent without using gloves, with the company having failed to determine whether employees needed personal protective equipment.

“Inspectors found violations that could easily result in a serious employee injury or death,” said Andre Richards, director of OSHA’s Atlanta-West Area Office. “OSHA will not allow employers to risk the safety of workers by exposing them to hazardous conditions in the workplace.”

Spears Mattress Co., manufactures mattresses at its plant in Rome and is a licensee for Englander brand mattresses.

Bontrager Excavating Cited After One Worker Killed, Another Injured in Trench Cave-in

OSHA has cited Bontrager Excavating LTD, in Uniontown, Ohio, for two alleged willful, two serious, and one repeat safety violation for failing to protect workers from cave-ins during trenching operations. An inspection was initiated after one worker was killed and another was injured in a trench collapse on December 28, 2010, in Stark County.

“Cave-ins are a leading cause of worker fatalities during excavations. Failing to take adequate safety measures to prevent cave-ins had a tragic result in this situation,” said Howard Eberts, OSHA’s area director in Cleveland. “OSHA implemented a trenching and excavation special emphasis program in the 1980s, so the industry is well aware of the safety regulations for trenching operations.”

The willful violations involve failing to properly protect workers from trench cave-ins while installing sewer lines in a Stark County residential neighborhood. One trench box was used, but it was placed 8 feet below grade and the trench wall collapsed above the box, resulting in the death of a foreman and injury to another worker. Additionally, a trench box was not consistently used in another trench on the same job site during part of the installation project. When that trench box was used, it also was placed below grade.

OSHA standards mandate that all excavations 5 feet or deeper be protected against collapse.

The repeat violation was cited for failing to provide a safe means of egress to employees working inside a trench box. OSHA regulations require that a stairway, ladder, ramp or other means of egress be provided in a trench.

OSHA Cites Houston-based Schumacher Co. for Exposing Workers to Hazardous Chemicals; Fines Total $166,500

OSHA has cited Schumacher Co., of Texas Inc., for 31 alleged serious and two other-than-serious violations for exposing employees to multiple safety and health hazards, including exposure to hazardous chemicals, at the company’s facility in Houston, Texas. Proposed penalties total $166,500.

In response to a referral, OSHA initiated a safety and health inspection on January 4. Employees were observed performing chrome and nickel plating operations without wearing required personal protective equipment, as well as being exposed to other safety and health hazards.

“This company jeopardized the safety of its workers by not providing personal protective equipment required while working with dangerous chemicals,” said Mark Briggs, director of OSHA’s Houston South Area Office. “It is fortunate that there were no injuries or fatalities in this case.”

Serious violations include failing to require employees to wear appropriate personal protective equipment while working with acids and hexavalent chromium, such as chemical aprons, sleeves/gauntlets, and footwear; provide guarding for belts and pulleys; provide fall protection for employees, such as standard railings around hoppers and dip tanks containing hazardous chemicals; develop and implement specific machine lockout/tagout procedures; and provide adequate cleaning methods to minimize exposure to hexavalent chromium.

Other-than-serious violations include failing to fit-test employees for respirators and perform hexavalent chromium exposure monitoring for newly hired employees.

OSHA Cites Tortilla Company for Exposing Employees to Multiple Safety and Health Hazards

OSHA has cited Sanitary Tortilla Co. Ltd., with 12 alleged serious and two repeat violations after a follow-up inspection at the company’s work site in San Antonio, Texas, found safety and health hazards. Proposed penalties total $59,400.

“This is not the first time Sanitary Tortilla has jeopardized the safety of its employees,” said Jeff Funke, OSHA’s area director in San Antonio. “It is unacceptable to allow previously cited hazards to recur.”

OSHA’s San Antonio Area Office initiated an inspection on May 12 at the company’s facility on Urban Loop, where employees manufacture tortillas and tortilla chips, to determine if previously cited violations had been corrected. In addition to a lack of corrective action, investigators discovered new violations.

Serious violations include failing to ensure machine guarding for chains, sprockets and belts, as well as on a drill press and horizontal lathes; correct electrical deficiencies, such as a lack of face plates on electrical plugs; maintain the manufacturer’s identification and markings on panel boards; and ensure fire extinguishers are accessible and fully operational.

OSHA also conducted a health inspection which resulted in a serious citation issued for failing to provide a hearing conservation program when noise levels reach past the action level of 85 decibels for an 8-hour time weighted average.

Repeat violations include failing to provide machine guarding on dough mixers and dough molders, provide covers for electrical outlets and a junction box, and provide strain relief for an electrical cord. OSHA cited the company in 2008 for similar violations with proposed penalties of $4,500.

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