Just before Thanksgiving, a waste hauling truck struck and killed a 47-year-old worker in a construction work zone near Higginsville. Since 2012, he was one of 35 workers in three Midwestern states that federal safety and health inspectors determined whose death resulted from fatal struck-by vehicle hazards.
“Struck-by vehicle fatalities and injuries are 100 percent preventable. Yet, since 2012, of all fatalities OSHA has investigated in Kansas, Nebraska and Missouri, 20 percent have involved struck-by vehicle hazards,” said Marcia Drumm, regional administrator for OSHA. “Employers must do more to prevent these tragedies including evaluating their workplaces to identify and eliminate hazards, and training employees to recognize hazardous conditions.”
Educational materials in both English and Spanish titled, “Evaluate Your Entire Surroundings,” or E.Y.E.S., are available from local OSHA offices. Electronic materials include a fact sheet with incident data and prevention strategies; a brochure that covers risk assessment steps, common operator errors, and safety tips; and as a program poster.
OSHA regional and local emphasis programs are enforcement strategies designed to address high-risk industries. The programs include education and prevention outreach activities to share safety and health information with employers, associations, and workers. This emphasis program ends September 30, 2016, unless extended. OSHA area offices will continue to open inspections in response to complaints, hospitalizations, and fatalities.
For additional information on this initiative and copies of the E.Y.E.S. materials contact the duty officer or compliance assistance specialist in OSHA’s offices in St. Louis, Missouri at 314-425-4249; Wichita, Kansas at 316-269-6644; Kansas City, Missouri at 816-502-0297 or Omaha, Nebraska at 402-553-0171.
New Exclusions for Solvent Recycling and Hazardous Secondary Materials
EPA’s new final rule on the definition of solid waste creates new opportunities for waste recycling outside the scope of the full hazardous waste regulations. This rule, which went into effect on July 13, 2015, streamlines the regulatory burden for wastes that are legitimately recycled.
The first of the two exclusions is an exclusion from the definition of solid waste for high-value solvents transferred from one manufacturer to another for the purpose of extending the useful life of the original solvent by keeping the materials in commerce to reproduce a commercial grade of the original solvent product.
The second, and more wide reaching of the two exclusions, is a revision of the existing hazardous secondary material recycling exclusion. This exclusion allows you to recycle, or send off-site for recycling, virtually any hazardous secondary material. Provided you meet the terms of the exclusion, the material will no longer be hazardous waste.
Learn how to take advantage of these exclusions at Environmental Resource Center’s live webcast where you will learn:
- Which of your materials qualify under the new exclusions
- What qualifies as a hazardous secondary material
- Which solvents can be remanufactured, and which cannot
- What is a tolling agreement
- What is legitimate recycling
- Generator storage requirements
- What documentation you must maintain
- Requirements for off-site shipments
- Training and emergency planning requirements
- If it is acceptable for the recycler to be outside the US
Charleston RCRA, DOT, and IATA Training
San Antonio RCRA and DOT Training
Jacksonville RCRA and DOT Training
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.
Sharpe Holdings Placed in OSHA’s Severe Violator Program Following 3rd Fatality
For the third time since 2012, federal investigators have cited Sharpe Holdings in the death of an employee. The most recent casualty was a 51-year-old equipment operator, who suffered serious head injuries after being ejected from the rear of a van on September 26, 2015. He died the following day.
An investigation by OSHA found the company did not provide safety belts, secure passenger seats, or latch the rear doors of the van used on its La Belle cattle and dairy farm.
“Sharpe Holdings is a repeat violator that knowingly refuses to follow basic safety procedures. Three people have died while working at this facility in the last five years. This latest tragedy could have been prevented by using common-sense safety devices,” said Mike Minicky, OSHA’s acting area director in St. Louis. “Safety is simply not a priority for Sharpe Holdings. OSHA will continue to monitor and inspect this employer to ensure workers are protected on the job.”
While investigating the fatality OSHA found:
- Air receiver safety valves were not inspected as required
Incidents like the September fatality occur all too frequently.
Bethel-based Sharpe Holdings has been inspected by OSHA seven times since September 2012. Those investigations include two other fatalities and a worker hospitalization.
On September 1, 2014, a 35-year-old worker doing maintenance work on an overhead door’s pulleys died after he fell off a 12-foot ladder onto a concrete floor at the dairy farm. OSHA identified eight serious safety violations. The company contested those citations.
In October 2012, an auto mechanic at a company repair shop in La Belle died of complications during treatment for injuries inflicted when a tire rim struck him. The inspection resulting from that fatality found multiple violations of OSHA regulations.
In January 2015, a skid steer loaded struck a worker, resulting in his hospitalization. OSHA issued one serious violation for failing to instruct the operator in the safe operation. The company contested the citation.
Proposed penalties total $189,000.
Sharpe Holdings employs about 300 workers at an array of businesses in northeast Missouri, including a dairy and creamery, farm, concrete plant, auto repair, welding shop, restaurants and lodging, a telecommunications company, graphic design firm, and a convenience store.
Using Data from Well-Studied Substances, Map Can Predict Hazards Stemming from Those for Which No Safety Data Exists
Researchers from the Johns Hopkins Bloomberg School of Public Health have created a map of the world’s chemical landscape, a catalogue of 10,000 chemicals for which there is available safety data that they say can predict the toxicity of many of the 90,000 or more other substances in consumer products for which there is no such information.
The map, described online February 12 in the journal Alternatives to Animal Experiments and being presented at the American Association for the Advancement of Science conference the same day in Washington, D.C., was designed to help regulators, manufacturers, and scientists get a good idea about whether chemicals for which there is little research are harmful or not. The research was done by creating a searchable database of the 816,000 research studies conducted on 10,000 chemicals registered in Europe, which includes information about whether they pose a hazard to humans and what type.
“There are 100,000 chemicals in products we use every day and we are missing 90 percent of the safety information we need,” says study leader Thomas Hartung, MD, PhD, the Doerenkamp-Zbinden Professor and Chair for Evidence-based Toxicology at the Bloomberg School. “It would take billions of dollars to test every one of them, which is very cost prohibitive. To address this, we have come up with a computer model that can tell us which chemicals are similar to untested ones to give us an idea of what types of hazards they are likely to pose.”
The European Chemical Agency began registering chemical compounds such as solvents, detergents, colorants, and food additives in 2007, after legislation known as REACH stipulated the eventual collection of comprehensive safety information for all substances on the European market at more than 1 ton per year of production or sales volume. Korea and China also have similar rules and the United States and China are expected to follow suit, Hartung says.
Hartung’s team took the studies submitted to the European Chemical Agency and made them into a searchable database, characterizing in standardized text the known hazards of substances that have so far been registered. The team created a map, grouping chemicals by their known toxicities. The most prevalent hazards are that a chemical may cause an allergic skin reaction (20%), and causes serious eye damage (17%), but hazards include toxicity when inhaled or swallowed, flammability, organ damage, and many more.
Since it would be virtually impossible to test every chemical, in lieu of prohibitively expensive testing, Hartung says an untested chemical could be entered into the computer map, next to all similar chemicals. If the chemical landed in a part of the map where similar chemicals are considered safe, that chemical could be deemed safe. If it landed in a place where its neighbors are, say, known to cause skin allergies, the chemical would be given that label. If a manufacturer protested that characterization, it could then do the testing necessary to try to prove that label wrong. If it falls in a gray area, testing would be needed.
This process of characterizing these untested chemicals is called “read-across.” In parallel to developing this database, Hartung’s group has steered a consensus process with 30 international experts, developing guidance on how to conduct a read-across. The consensus document was released February 12 and was discussed in dedicated conferences with experts in Brussels and Washington at the end of February.
Together, the availability of data and the know-how to exploit them is a powerful tool that could save millions of animals that researchers wouldn’t have to use to test the safety of chemicals, Hartung says. The safety profile could come without any further animals harmed, he says.
“This is an extremely pragmatic system,” says Hartung, who also directs the Center for Alternatives to Animal Testing at the Johns Hopkins Bloomberg School of Public Health. “You’re never sure there’s not going to be a surprise but this enormous database makes surprises much less likely. This database is a goldmine and will be made publicly available shortly.”
Just because a chemical is deemed unsafe in certain ways doesn’t mean it can’t be used, Hartung notes. “If a tiger is in a cage, it’s not harmful to you,” he says. “It’s the same with a chemical. If you’re not exposed, it’s not a problem for you. So if you know something is corrosive to the skin, you need to take care not to use too much and to protect the skin. Knowledge can help you protect yourself.”
Currently, the team is creating a spin-off company, to be called ToxTrack, which will make such analysis available as a web-based service.
“We want to make it possible that any substance—even a substance not yet synthesized—can be entered into the program and its possible safety problems can be predicted,” Hartung says. “This could help in identifying the better substances to develop cleaner products or exchange those in common use with safer ones.”
“Global analysis of the publicly available safety data for 9,801 chemicals registered under the European REACH legislation from 2008–2014” was written by Thomas Luechtefeld, Alexandra Maertens, Daniel Russo, Hao Zhu, and Thomas Hartung. Three other publications will be published electronically by Alternatives to Animal Experiments on February 12 accompanied by two consensus documents on read-across in the same journal.
Three San Diego Companies Cited for Workplace Hazards, Labor Law Violations
Cal/OSHA inspectors on the Labor Enforcement Task Force (LETF) have ordered three cabinet-making companies in San Diego County to stop using unguarded saws that put employees at risk for serious injury, including amputation and lacerations. Task force inspectors with the Labor Commissioner’s Office also issued work stop orders to two of the businesses that didn’t have workers’ compensation insurance.
“Our focus is to protect workers and ensure that companies comply with labor and safety laws,” said LETF Chief Dominic Forrest. “We issue stop orders when we find hazards that require immediate action to prevent serious injury. Employers are further prohibited from continuing operations until they have workers’ compensation insurance coverage for all of their employees.”
Cal/OSHA inspectors issued the safety stop orders on the unguarded table saws to M. Stanton Company and E&A Cabinets, both of San Ysidro, and Custom Carpentry Solutions of Chula Vista on February 17 and 18. The employers must correct the hazardous conditions in order to put the machinery back into operation. The businesses may be cited for additional workplace safety violations once Cal/OSHA’s investigations are complete.
Task force inspectors with the Labor Commissioner’s Office found that all three companies were in violation of other labor laws, including the failure to provide itemized wage statements and licensing violations. The labor law penalties levied total $21,392 for E&A Cabinets, $31,928 for Custom Carpentry Solutions, and $105,000 for M. Stanton Company. E&A Cabinets and Custom Carpentry Solutions were ordered to stop all work until they secure workers’ compensation insurance.
The task force is a coalition of California State and local enforcement agencies formed in 2012 to combat the underground economy. LETF teams conduct monthly inspections targeting employers in high-risk industries, and operate under the direction of the Department of Industrial Relations (DIR). LETF member partners include DIR divisions Cal/OSHA and the Labor Commissioner’s Office, officially known as the Division of Labor Standards Enforcement, the Contractors State License Board, the Employment Development Department, the California Department of Insurance, the Bureau of Automotive Repair, Alcoholic Beverage Control, and the Board of Equalization.
LETF is committed to outreach and education and has produced information for workers and employers to ensure they know their rights and responsibilities.
FPL Food LLC Fined $67,270 After Worker Severely Injured by Saw
OSHA initiated an investigation after learning a worker was hospitalized after a workplace injury. On December 3, 2015, a hydraulic saw lacerated the abdomen of a 36-year-old saw operator as he cut meat. The worker was severely injured. OSHA discovered that the saw’s safety cut-off switches were not functioning properly.
“The results of this investigation clearly indicate that FPL Food’s safety and health management plan is ineffective and not being enforced,” said William Fulcher, OSHA’s area director in the Atlanta-East Office. “Management must make worker safety its top priority and be engaged in enforcing it.”
Proposed penalties total $67,270
P/M National Inc. Willfully Exposed Employees to Dangerous Machine Hazards
Further, owners admitted to not installing guards on newer metal presses and removing guards from older presses.
Proposed penalties total $60,200
“P/M National Inc. intentionally designed its work process in a way that put employees at risk of amputation hazards,” said Theresa Naim, director of OSHA’s Erie area office. “Machine safeguards are necessary to protect workers from these preventable injuries.”
Autoneum North America Inc. Fined $59,500 for Forklift, Machine Hazards
OSHA’s Toledo Area Office cited Autoneum North America for one repeat and five serious safety violations. OSHA opened an investigation at two plants operated by the vehicle acoustics and thermal management systems manufacturer after receiving complaints alleging unsafe working conditions.
The agency cited the company for:
- Improper operation of forklifts
- Failing to train forklift operators
“Failing to train and use machine specific procedures to prevent equipment from energizing during service and maintenance causes hundreds of amputation and other serious injuries each year in American manufacturing facilities,” said Kim Nelson, OSHA’s area director in Toledo. “Complying with OSHA’s common sense safety standards protects workers from injury on the job.”
Proposed penalties total $59,500.
Jake Rieger Farms Fined $55,000 After Wrongfully Terminating Driver
A truck driver fired for refusing to drive a company vehicle pulled from service by the Iowa Department of Transportation is owed $55,000 in back wages, damages, and compensation from his employer, the finding of an OSHA investigation.
“No worker should face termination for complying with federal laws which protect the safety of the motoring public,” said Marcia Drumm, OSHA’s regional administrator in Kansas City. “In this case, Jake Rieger Farms retaliated against an employee who refused to drive a truck that Iowa law enforcement deemed unsafe. His employer fired him on the spot and left him to find his way home to Nebraska. OSHA is committed to protecting the rights of any worker to refuse unsafe and unlawful orders from their employer.”
On January 16, 2015, Iowa commercial motor vehicle enforcement stopped and ticketed the driver of a Jake Rieger tractor-trailer truck for operating an unsafe tractor-trailer truck and for lacking proper state registration. The driver was directed to a repair shop, contacted his employer and returned to Nebraska. OSHA’s investigation found on January 22, 2015, a co-worker drove the employee back to the repair shop in Corydon, Iowa, to retrieve the truck. Jake Rieger Farms directed him to drive the vehicle—which still lacked proper registration—back to Nebraska. The company told the driver to start his return trip after law enforcement personnel left the area. When the driver refused to do so, the company immediately terminated him and forced him to find his own transportation home to Nebraska, a distance of about 170 miles.
OSHA has ordered Jake Rieger Farms to pay the driver $25,000 in punitive damages and $30,000 in compensatory damages which includes back wages, repayment for tickets paid by the driver that were issued by the Iowa DOT, attorney fees, transportation back to Nebraska and compensation for distress.
OSHA enforces the whistleblower provisions of 22 statutes protecting employees who report violations of various airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, motor vehicle safety, health care reform, nuclear, pipeline, public transportation agency, railroad, maritime, and securities laws.
Both parties have 30 days from the receipt of OSHA’s findings to file objections and request a hearing before an administrative law judge.
Employers are prohibited from retaliating against employees who raise various protected concerns or provide protected information to the employer or the government.
New Jersey Contractor Created Safety Hazards that Led to Hangar Collapse
OSHA’s inspection began September 9, 2015 after United Airlines Hanger No. 14 at Newark Liberty International Airport collapsed during demolition. Inspectors determined CATCO Demolition Services deviated from an approved demolition plan and made unapproved cuts to several I-beams, weakening the structural members of the hangar as employees worked inside the hangar. OSHA cited CATCO for this hazard.
The proposed penalty totals $49,000.
“By not following the approved demolition plan, CATCO Demolition Services left its employees vulnerable to unnecessary risk,” said Kris Hoffman, director of OSHA’s Parsippany Area Office. “Employers must provide employees with a safe working environment; anything less than that is unacceptable.”
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