OSHA has announced that it will propose to extend the compliance date for the crane operator certification requirement by three years to November 10, 2017. The proposal would also extend to the same date the existing phase-in requirement that employers ensure that their operators are qualified to operate the equipment.
OSHA issued a final standard on requirements for cranes and derricks in construction work on August 9, 2010. The standard requires crane operators on construction sites to meet one of four qualification/certification options by November 10, 2014. After OSHA issued the standard, a number of parties raised concerns about the qualification/certification requirements. OSHA is considering addressing these concerns through a later separate rulemaking. The agency will propose to extend the compliance date so that the qualification/certification requirements do not take effect during potential rulemaking or cause disruption to the construction industry.
The agency also plans to post a list of frequently asked questions on its Cranes and Derricks in Construction Web page to provide additional clarification and address some comments and concerns raised by stakeholders.
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.
Chattanooga RCRA and DOT Training
Newark RCRA and DOT Training
Irvine RCRA and DOT Training
OSHA to Hold Meeting of the Federal Advisory Council on Occupational Safety and Health
FACOSH advises the Secretary of Labor on all matters relating to the occupational safety and health of federal employees. This includes providing advice on how to reduce the number of injuries and illnesses in the federal workforce and how to encourage each federal executive branch department and agency to establish and maintain effective occupational safety and health programs.
The tentative agenda includes a discussion on an OPM status report regarding changes to the GS-0018, Safety and Occupational Health Management job series and updates from FACOSH subcommittees.
FACOSH will meet from 1–4:30 p.m. EST in Rooms S-4215 A-C, US Department of Labor, 200 Constitution Avenue, N.W., Washington, DC 20210. The meeting is open to the public. See the Federal Register notice for details. Comments and requests to speak must be submitted by May 23, 2013.
Newly appointed members who serve as representatives of management are Dr. Joe Hoagland, Tennessee Valley Authority, Dr. Gregory Parham, US Department of Agriculture and Lola Ward, National Transportation Safety Board. Additionally, Irma Westmoreland, National Nurses United, has been appointed as the committee's new labor representative.
Members re-appointed for additional terms include labor representatives William Dougan, National Federation of Federal Employees and Deborah Kleinberg, Seafarers International Union/National Maritime Union. Curtis Bowling, US Department of Defense, has been re-appointed as a management representative.
OSHA to Hold Meeting of the National Advisory Committee on Occupational Safety and Health
NACOSH was established under the Occupational Safety and Health Act of 1970 to advise the secretaries of labor and health and human services on occupational safety and health programs and policies.
The meeting will focus on occupational safety and health issues that temporary workers face and will include discussion on these issues. The tentative agenda includes remarks from Dr. David Michaels, assistant secretary of labor for occupational safety and health, and Dr. John Howard, director, National Institute for Occupational Safety and Health and public comments.
The committee meeting will be held from 1–5 p.m. in Room C-5320-6, US Department of Labor, 200 Constitution Ave., N.W., Washington, DC 20210. Some committee members will participate by teleconference.
Submissions may also be sent by mail or facsimile. See the Federal Register notice for details. Comments must be submitted by June 4, 2013.
Safety Whistleblower Gets $261,152.69 in Damages After Firing
Enercon Services, Inc., has been ordered to pay $261,152.69 in back wages, compensatory damages and interest, plus attorney's fees, to a senior engineer following an investigation by OSHA, which found that the company violated the whistle-blower provisions of the Energy Reorganization Act. An investigation conducted by OSHA staff in Kansas City, Missouri, found that Enercon wrongfully terminated a senior engineer for raising safety concerns during construction projects Enercon Services was part of at the Wolf Creek Generating Station, a licensee of the Nuclear Regulatory Commission, located in Burlington.
"Professionals who work in the nuclear power industry have a right and a responsibility to express their professional opinion and report safety-related concerns," said Marcia Drumm, acting regional administrator for OSHA in Kansas City. "The department's responsibility is to protect all employees from retaliation for exercising basic worker rights. The ERA protects the workers who, in turn, protect the public."
OSHA's investigation concluded that the licensed professional civil and structural engineer was terminated January 30, 2012, for reporting breaches of minimum soil coverage requirements for emergency service water piping and for refusing to provide Enercon Services an engineering justification for the use of concrete as backfill over the piping. The breaches occurred when a trench was dug to bury a grounding cable for a new security fence being constructed for the emergency service water pump house at Wolf Creek. The trench encroached on the minimum soil coverage requirement for the pipes, necessitating that it be backfilled to bring the plant back in compliance. The evidence shows that a manager for Enercon Services proposed to backfill the pipes with concrete before the arrival of NRC inspectors, but that the engineer refused to implement the design change because he believed concrete fill was insufficient. The engineer was fired a few days later. Wolf Creek ultimately used cohesive soil as backfill over the pipes.
The agency has ordered Enercon Services to reinstate the engineer to his former position with all pay, benefits and rights and pay back wages of $206,360, plus interest currently estimated at $4,142.69, compensatory damages of $50,650 and reasonable attorney fees. The ERA does not provide for an award of punitive damages.
Enercon Services, Inc., provides engineering support services to nuclear facilities nationwide. Its headquarters are in Kennesaw, Georgia.
Companies providing services to nuclear power plants are subject to the ERA, and may not discharge any employee or otherwise discriminate against any employee with respect to his compensation, terms, conditions, or privileges of employment because the employee notified his employer of an alleged violation of the ERA or the Atomic Energy Act of l954.
Employers are prohibited from retaliating against employees who raise various protected concerns or provide protected information to the employer or to the government.
Wood Shavings Manufacturer Faces $233,870 in Fines for Multiple Safety Violations
OSHA has cited RWS Manufacturing, Inc., for a total of 28 alleged willful, repeat, and serious violations of workplace safety and health standards at its Queensbury manufacturing plant. The company, which makes wood shavings for animal bedding, faces a total of $233,870 in proposed fines.
"The sizable penalties proposed here reflect the breadth and severity of the hazardous conditions found at this plant. Left uncorrected, they exposed workers to the dangers of fires and explosions, engulfment, toxic or oxygen-deficient atmospheres, hearing loss, struck-by injuries, amputation, electrocution, and hazardous chemicals," said Kimberly Castillon, OSHA's area director in Albany. "The fact that a catastrophic incident has not occurred does not absolve this employer of its responsibility to reduce and prevent risk and eliminate hazards that could injure or kill its workers."
Furthermore, workers were allowed to smoke in areas where excessive wood dust and wood shavings were present and the plant's dust collection system lacked a fully enclosed motor and grounded or bonded ductwork. The accumulation of wood shavings, as deep as 1 foot in some locations, also posed a fall and slipping hazard.
In addition, the plant did not develop and implement a confined space entry program and provide training, warning signs and retrieval systems to protect workers in confined spaces; workers exposed to excessive noise levels were not provided a hearing conservation program, training, a choice of hearing protection and audiometric testing; respirator users were not provided necessary information; there was a lack of information and training on hazardous chemicals; powered industrial trucks were not inspected and/or were operated by untrained operators; and required guarding and fire watches were not used and maintained when welding near flammable wood shavings. Additional hazards include unguarded moving machine parts, exposed live electrical parts, ungrounded equipment, and improperly stored oxygen cylinders.
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. 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. 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.
"To prevent hazards such as these from occurring in the first place, employers should institute and maintain an effective illness and injury prevention program in which workers and managers work together to identify and eliminate hazards that can injure or sicken workers," said Robert Kulick, OSHA's regional administrator in New York.
. A dust explosion can be catastrophic and cause employee deaths, injuries and destruction of entire buildings.
Monro Muffler Brake Faces More than $221,000 in Fines for Safety Violations
The automotive repair, maintenance, and tire company faces proposed fines of $221,100 following an inspection by OSHA's Concord Office, begun in November 2012, as the result of a complaint.
"Willful and recurring violations suggest a disturbing pattern of noncompliance with safety standards that exist to protect the lives and well being of a company's employees," said Rosemarie Ohar, OSHA's area director for New Hampshire. "Monro Muffler Brake must correct these hazards and take effective steps to address recurring hazards at all its workplaces."
The willful citation stems from workers who were exposed to potential electric shock from exposed, energized wires in a restroom. OSHA found that the company did not correct the hazard after knowing of its existence from in-house safety inspections. The proposed penalty for the willful violation is $60,500.
Five repeat citations were issued for defective work ladders, unsecured oxygen and acetylene cylinders, and inadequate eyewashing facilities for workers. Similar hazards have been cited since 2009 at facility locations in Newington, Connecticut; Canton, Rochester and Victor, New York; and Middleburg Heights, Ohio. The proposed penalties for the repeat violations are $143,000.
Four serious citations were issued for obstructed exit routes, improper storage and disposal of combustible material, damaged gas pressure regulators and inadequately grounded electrical equipment. The proposed penalties for the serious violations are $17,600.
In August 2012, Monro Muffler Brake, Inc., reached an enterprise wide settlement agreement with the department in which it agreed to institute procedures to protect its workers against being crushed or struck by automotive hydraulic lifts. The company agreed to develop and implement an inspection and maintenance program for all automotive lifts at all of its federal OSHA-covered work sites, including periodic inspections by qualified inspectors; procedures to remedy any potentially unsafe conditions; mandatory training for lift operators; and the submission of written compliance reports to OSHA.
Lack of PPE Among 33 Violations at A & B Foundry & Machining
OSHA has cited A & B Foundry & Machining, LLC, with 33 health and safety violations, including four repeat. The November 15, 2012, inspection was initiated under the national emphasis program targeting the primary metals industry. Proposed fines total $170,107.
"A & B Foundry & Machining has a responsibility to train and protect workers from known industry hazards, such as exposure to noise, respiratory and machine guarding," said Bill Wilkerson, OSHA's area director in Cincinnati. "Programmed inspections help OSHA achieve its goal of reducing worker injuries and illnesses by directing enforcement resources to industries where the highest rates of injuries and illness have occurred."
Four repeat violations involve failing to provide fire extinguisher, noise and chemical hazards training; perform medical evaluations of workers required to use respirators and to fit-test respirators. The same violations were cited in 2009.
OSHA also found fall hazards, poor housekeeping, inoperative safety latches on crane hoists, lack of machine guarding on multiple machines, electric safety violations, and a failure to train workers on and conduct periodic inspections of energy control procedures.
t. 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.
The facility employs about 55 workers and, since 2004, four previous inspections have resulted in multiple citations.
Accadia Site Contracting Inc., Fined $84,000 for Cave-in Hazard
OSHA has cited Accadia Site Contracting, Inc., for alleged willful and serious excavation safety violations found at a water main site at Lewiston Road and McKinley Avenue in Niagara Falls. The Depew-based contractor faces a total of $84,000 in proposed fines after an inspection by OSHA's Buffalo Area Office.
Moreover, 8 inches of water accumulated in the excavation's bottom, increasing the likelihood of a collapse.
"An unprotected excavation can turn into a grave in seconds, crushing and burying workers beneath tons of soil before they have an opportunity to react or escape," said Arthur Dube, OSHA's area director in Buffalo. "These workers were fortunate—not lucky, because workplace safety must never be dependent on luck—that they were not injured or killed."
OSHA issued a willful citation, with a fine of $70,000, for the unprotected excavation. Two serious citations, with $14,000 in fines, were issued for the water and ladder hazards.
OSHA is also calling upon employers across western New York to take effective action to ensure that excavations are guarded against collapse and their employees are protected against death and serious injury.
"The coming of warmer weather and the accompanying thaw of the soil bring with them an increase in excavation work. Unfortunately, it also brings an increase in cave-in hazards and unsafe work practices," said Dube. "Before any employee enters an excavation to perform work, the employer must ensure that the excavation is properly safeguarded against collapse, the employees are trained to recognize and avoid cave-in hazards and all required equipment is present and properly maintained."
"To prevent conditions like this from occurring in the first place, employers should implement an effective illness and injury prevention program in which they will work with their employees to identify, address and eliminate hazards before they harm workers," said Robert Kulick, OSHA's regional administrator in New York.
OSHA Offers Training to Federal Agencies on Worker Safety and Health
OSHA has scheduled a three-day training event for federal agency staff responsible for keeping federal workers safe and healthy on the job.
The OSHA Training Institute, in collaboration with OSHA's Office of Federal Agency Programs, will conduct a series of half-day seminars that discuss potential hazards, such as distracted driving, ergonomics, confined spaces, hearing conservation, and fall protection. OSHA developed this training event to ensure that federal workplaces have safety programs and standards consistent with those in the private sector.
The event will be held July 30–August 1, 2013, at the OSHA Training Institute, 2020 South Arlington Heights Rd., Arlington Heights, Illinois. Registration will remain open until July 23, 2013.
Government agency personnel will not be charged tuition or fees to attend the training courses. However, Department of Labor regulations require OSHA to charge tuition to private sector attendees and federal government contractors.
OTI provides training and education in occupational safety and health for federal and state compliance officers, state consultants, other federal agency personnel and the private sector. For more information on OTI, visit OSHA's Directorate of Training and Education Web page. The basic mission of OSHA's Office of Federal Agency Programs is to ensure that each federal agency is provided with the guidance necessary to implement an effective occupational safety and health program within the agency and to inform them on the progress being made through detailed evaluations, reports and studies of agencies' occupational safety and health programs.
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