OSHA updated instructions for conducting inspections and issuing citations related to worker exposures to tuberculosis in healthcare settings. The revised directive does not create any additional enforcement burdens for employers; it simply updates the agency's inspection procedures with the most currently available public health guidance.
Other changes include: the introduction of a newer screening method for analyzing blood for M. tuberculosis; classifying healthcare settings as low risk, medium risk, or potential ongoing transmission; and reducing the frequency of TB screenings for workers.
According to the CDC, nearly one-third of the world's population is infected with TB, which kills almost 1.5 million people per year. In 2013, 9,582 TB cases were reported in the United States, and approximately 383 of those cases were among healthcare workers. Multi-drug-resistant and extremely drug-resistant TB continue to pose serious threats to workers in healthcare settings. TB infection occurs when a susceptible person inhales droplets from an infected person who, for example, coughs, speaks, or sneezes. It is the second most common cause of death from infectious disease in the world after HIV/AIDS.
New Exclusions for Solvent Recycling and Hazardous Secondary Materials
EPA’s new definition of solid waste rule will present new opportunities for waste recycling outside the scope of hazardous waste regulation. Environmental Resource Center will present a webcast on the new Definition of Solid Waste rule on Monday, June 29th at 2:00 pm Eastern Time. This rule, which goes into effect on July 13, 2015, will maintain critical environmental protections while streamlining 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 product 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, and it will not meet the definition of solid waste. 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 one-hour webcast. You will learn:
- Which of your materials qualify for the exclusion?
- What is a secondary material?
- Which solvents can be remanufactured, and which cannot?
- What is a tolling agreement?
- What is legitimate recycling?
- What are the generator storage requirements?
- What documentation must be maintained?
- What are the off-site shipping requirements?
- What are the training and emergency planning requirements?
- Can the recycler be outside the US?
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.
Cleveland RCRA and DOT Training
Dallas RCRA and DOT Training
Birmingham RCRA and DOT Training
D&D Manufacturing Fined $321,000 for Repeatedly Exposing Workers to Safety Hazards
With a history of safety violations dating back 15 years, an El Paso metal stamping plant is no stranger to warnings from OSHA.
This inspection follows one in December 2014 that resulted in 36 federal citations for serious safety violations.
“D&D is aware of the dangers at its production facility, but has done nothing to correct them. An employee could have been seriously injured,” said Diego Alvarado Jr., OSHA’s area director in El Paso. “There is no reason, or excuse for a company to ignore basic safety requirements.”
OSHA cited the company for four willful, one repeated, six serious and two other violations. In addition to allowing workers to use the defective press, D&D did not ensure that employees on the production floor wore appropriate eye protection, given the risk of flying metal particles blinding them.
Additionally, the company failed to make sure employees used hearing protection in areas where noise levels were above the acceptable limits. The repeated violation was for failing to have all illuminated exit signs lit.
A willful violation is one committed with intentional, knowing or voluntary disregard for the law’s requirement, or with plain indifference to worker safety and health. An OSHA violation is serious if death or serious physical harm could result from a hazard an employer knew or should have known exists. 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.
D&D Manufacturing fabricates stamped, metal components for equipment manufacturers. The company has headquarters in Bolingbrook, Illinois, and employs about 37 workers in El Paso. It also has a facility in Mexico.
Steel Fabrication Services Fined $188,000 for Repeatedly Exposing Workers to Hazards
A local steel fabricator continues to put its workers in harm's way, despite its awareness of hazards at its Farmers Branch facility, and a recent federal inspection that found more than a dozen safety violations.
They found the company continued to expose workers to unguarded machinery, improperly stored oxygen cylinders and other safety and health hazards. The company faces proposed penalties totaling $188,760.
“When an employer ignores hazards in the workplace, workers often suffer the consequences. OSHA will not tolerate such negligence,” said Stephen Boyd, OSHA's area director in the Dallas Area Office. “Employers must find and fix hazards. In this case, Steel Fabrication has chosen to continue to expose workers to hazards willfully. OSHA will continue to pursue corrections to ensure that these workers are safe.”
At that time, OSHA identified five serious violations involving the lack of protective guards for dangerous machines, unsafe storage of compressed gas cylinders and electrical hazards. Steel Fabrication did not respond to the citations and failed to provide OSHA with documentation that the problems had been addressed, as required by law.
Based in the Dallas Metroplex, Steel Fabrication manufactures fabricated parts, weldments, and finished products in carbon steel, stainless steel, aluminum, and other materials.
Transformers Construction and Buildtronix Continues to Put Employees at Risk
Transformers Construction Services, Inc., and Buildtronix, LLC, owned by Leanna Richardson in Florida was inspected by OSHA on June 26.
The willful violations involve failing to protect workers from falls from heights up to 14 feet while performing residential construction. The serious violations were cited for failing to ensure an extension ladder extended 3 feet above the landing surface and allowing employees to stand on the top step of a stepladder while installing roof trusses.
Since 2011, Transformers has been inspected six times for safety hazards. . Under the program, OSHA may inspect any of the employer's facilities or job sites.
Proposed penalties total $153,090.
“Following our seventh inspection in three years, Ms. Richardson dissolved Transformers Construction and registered two new companies, Buildtronix, LLC, and Innobuilders, LLC, but continues not to follow OSHA regulations,” said Brian Sturtecky, OSHA's area director in Jacksonville. “This practice doesn't change the employer's obligation to ensure all employees return home at the end of their work day.”
NIST and NTIA Seek Industry Partners for Public Safety Communications Test Bed
So far, 39 telecommunications companies have signed new, five-year Cooperative Research and Development Agreements (CRADAs) to participate in the test bed program, according to Dereck Orr of the National Institute of Standards and Technology (NIST).
The PSCR is a joint effort of NIST and the National Telecommunications and Information Administration. It is part of the PSCR’s effort to provide objective technical support—research, development, testing and evaluation—to foster nationwide interoperability in public safety communications.
Based in part on test bed evaluations to date, the PSCR has worked with industry organizations to get public safety requirements included in next-generation (LTE) communications standards, and contributed data to support standards for The First Responder Network Authority (FirstNet), an independent authority created to establish, operate and maintain an interoperable public safety broadband network.
The current version of the PSCR demonstration network was developed with equipment and support from more than 70 vendors. The network has begun testing new equipment and software capabilities such as how to best identify priority users and enable them to take over bandwidth from other network users in emergencies, Orr says.
Heat-Related Illnesses are Always Preventable
Workers who are exposed to high temperatures and humidity are at risk for serious, potentially fatal, health issues. The Indiana Department of Labor (IDOL) is advising employers and employees to work together to prevent heat-related illnesses throughout the year, but especially during the summer months.
Three factors reduce the likelihood of heat-related illness and are critical for employee health and well-being:
- Water: Workers must not depend on thirst to determine when and how much water to drink. By the time a worker feels thirsty, he or she already is dehydrated. Proactively drink five to seven ounces of water every 15 to 20 minutes, approximately one bottle of water an hour, to replenish lost fluids.
- Rest: Regular rest breaks help workers function in hot working environments, both outdoors and indoors. Rested workers are more productive and less likely to experience a heat-related illness.
- Shade: Employers should provide outdoor workers shaded break areas. Resting in the sun does NOT effectively cool workers.
Employers are required to ensure workers are not exposed to serious health and safety risks in the workplace. Industries most affected by heat-related illnesses include: construction, commercial bakeries and laundries, foundries, transportation and utilities, agriculture and landscaping services.
The IDOL encourages employers and employees to learn about heat-related illnesses and take necessary precautions. Symptoms of heat stroke include: confusion, dizziness and the inability to sweat. These symptoms are a medical emergency. Call emergency services, move the affected employee to a shaded area, and attempt to cool the employee down. Taking the necessary precautions can mean the difference between life and death.
This newly updated app provides risk assessment based on local temperature and humidity levels.
Commercial Warehousing Inc. Exposes Workers to Ammonia, Fined $116,100
OSHA issued Commercial Warehousing, Inc., of Winter Haven, Florida, citations on July 10, 2015.
Commercial Warehousing employs temporary workers from two staffing agencies, Certitemp and PRT Staffing. The staffing companies do not supervise employees. Commercial Warehousing is in charge of managing and has direct control of the temporary workers. OSHA did not issue citations to the staffing agencies.
Proposed penalties total $116,100.
“Exposure to high levels of ammonia in the air can be irritating to the skin, eyes, throat and lungs. Lung damage and death may occur after exposure to very high concentrations of ammonia,” said Les Grove, OSHA's area director in Tampa. “Commercial Warehousing has known for several years that testing of the refrigeration piping and pressure vessels was not being done as specified in company maintenance policy but management chose to downplay the seriousness of the hazard due to cost, and in the process, risked the lives and health of its workers.”
Commercial Warehousing refrigerates various food products and citrus extract/oils and employs approximately 200 workers.
Lauren Manufacturing Fined $105,000 after Worker’s Hand Crushed in Machinery
A hydraulic press crushed a 62-year-old machine operator's left hand at a seal and gasket manufacturer, resulting in multiple broken bones. The injured worker, a 15-year employee, has been unable to return to work and has endured three surgeries as a result.
“This employee may never come back to work because Lauren Manufacturing ignored safety requirements that would have prevented this catastrophic injury, which affects her life and livelihood,” said Deborah Zubaty, OSHA's area director in Columbus. “Each year, hundreds of workers are injured on-the-job because employers, like this one, fail to provide a safe work environment, as the law requires.”
It issued four serious violations for failing to develop and train workers on steps for shutting down or isolating energy sources to machinery during maintenance and service, such as mold changes.
Lauren Manufacturing was also issued one other-than-serious violation for failing to notify OSHA of the injury.
Based in New Philadelphia, Lauren International is the parent company for eight subsidiaries, including Lauren Manufacturing. The company employs about 275 workers at the New Philadelphia manufacturing plant and more than 440 corporate wide.
Abec Cited for Toxic Exposure Rules, Faces $74,000 Fine
At high levels, hexavalent chromium can cause lung cancer and respiratory, eye, and skin damage.
OSHA inspectors issued 12 serious safety violations on July 13 to Abec, Inc., which manufactures food-grade stainless steel tanks for use by the biopharmaceutical industry. Proposed penalties total $74,000.
“Each year, 50,000 workers die from exposure during their careers to hazardous substances, like chromium. Failing to limit exposure to this dangerous substance is inexcusable,” said Barbara Theroit, area director of OSHA's Kansas City office. “Abec needs to re-evaluate its health and safety procedures. As companies expand, they must review procedures and ensure their facilities are monitored for employee exposure to hazardous materials.”
Agency inspectors found one employee exposed to hexavalent chromium at levels exceeding permissible exposure limits while welding and grinding steel containing chromium metal. Alloy steel has chromium added to harden the steel and resist corrosion. Inspectors also found the company failed to implement engineering controls to reduce and monitor exposure levels among workers, and did not conduct additional monitoring after expanding the production process in 2006, 2008, and 2014.
The inspection also found three workers exposed to noise levels in excess of the action level for an eight-hour shift.
Based in Bethlehem, Pennsylvania, Abec employs about 215 workers at the Springfield facility. Its workforce there has tripled in the past few years.
Gate Precast Co. and Trueblue Inc. Fined $74,000 for Exposing Workers to Dangerous Falls
The repeat violation was for failing to protect employees and six temporary workers from fall hazards. Trueblue provided Gate Precast with six temporary workers and received two citations, for exposing workers to fall and impalement hazards, at the job site.
OSHA has proposed $65,000 in fines for Gate Precast Co. and $9,000 for Trueblue.
“Falls from ladders, scaffolds and roofs are the leading cause of death in the construction industry, but these deaths can be prevented by planning, using the correct equipment and training the workers,: said Joann Figueroa, area director in OSHA's Houston North Area Office.
Topy Precision Manufacturing Inc. Fined $61,695 after Press Crushes Worker's Finger
A 25-ton power press crushed a temporary worker's right ring finger when the machine she operated cycled through while her hand was inside. The incident, at a steel parts manufacturing plant in Elk Grove Village, occurred when light curtains that act as machine guards failed to work properly. The woman suffered the injury after just 10 days at Topy Precision Manufacturing, Inc.
OSHA inspectors issued 14 serious safety violations to the company on July 14. Many of the violations involve exposing workers to machinery operating parts. Topy faces proposed penalties of $61,695.
“Topy Precision Manufacturing put workers at risk of injuries because they did not implement required machine safety procedures or train workers to recognize serious machine hazards,” said Angeline Loftus, OSHA's area director for its Chicago North Office in Des Plaines. “Employers have a responsibility to ensure their workplaces are safe.”
Topy manufactures spring steel fasteners, clamps, clips, and other components.
OSHA Orders Oak Harbor Freight Lines to Comply with Federal Safety Rules
OSHA has again ordered Oak Harbor Freight Lines, Inc., to stop retaliating against truck drivers who refuse to drive when they feel too ill or fatigued.
The order comes after Oak Harbor suspended a 25-year commercial truck operator without pay at its Portland, Oregon, terminal after he did not feel well enough to drive. The driver filed a whistleblower complaint, citing violation of safe operating rules under the Surface Transportation Safety Act.
After its investigation, OSHA ordered the trucking company to pay $20,000 in punitive damages and $354 to the driver for his suspension. This is the second time the agency has found Oak Harbor retaliated against a truck driver who invoked federal safety rules.
OSHA investigators also found that the company's attendance policy encouraged drivers to operate trucks while sick or exhausted. Drivers absent due to illness or exhaustion had negative notes placed in their personnel records and faced possible discipline or termination. OSHA has repeatedly asked Oak Harbor to change the attendance policy, but the company has not complied.
“Forcing ill or tired drivers behind the wheel puts their lives and the lives of others at risk,” said Ken Atha, OSHA regional administrator in Seattle. “Oak Harbor's continued refusal to revise its attendance policy shows a reckless and callous indifference to employees' rights and public safety.”
In addition to the damages and compensation for the suspension, OSHA has ordered Oak Harbor to remove any negative comments from the driver's personnel file. Both the driver and the company may file an appeal with the department's Office of Administrative Law Judges.
Hugo's Roofing Contractors Fined over $43,000 for Exposing Workers to Fall Hazards
OSHA issued two willful, one repeated, and five serious violations for exposing workers to falls and other hazards.
Two willful violations cite the company for exposing workers to fall hazards of about 11 feet because the company failed to require the use of fall protection. The company has been cited for this violation at five locations in Missouri since 2010. The company was also cited for failing to train workers about fall hazards and prevention. The company was cited for this violation in 2010 and 2011.
In addition, a repeat violation was issued for failing to provide eye protection while using pneumatic nail guns. The company was cited for this violation in 2010 and 2012 at locations in Missouri.
Five serious violations involve:
- Failing to protect roof workers by using fall protection anchors that were not capable of supporting 5,000 lb
- Not maintaining job site inspections
- Failing to provide portable fire extinguishers to employees transporting gasoline cans.
- Incorrect use of vertical lifelines for roofers
- Failing to inspect fall protection systems for damage and defective components
“Hugo's Roofing Contractors continues to endanger the safety of its workers by refusing to ensure that adequate fall protection is used on the job sites. A worker can be severely injured or killed in a fall in mere seconds. Failing to protect them from harm is unacceptable,” said Aaron Priddy, OSHA's Area Director in Fairview Heights. “Roofing contractors have a responsibility to train and protect their workers on job sites.”
Proposed penalties total $43,780.
Shady Knob Pallet Co. Allows Teen to Lose Hand in Machine
A teenage worker's life was altered forever when his employer allowed him to operate machinery illegally and the 14-year-old lost his hand in the process.
Shady Knob Pallet Co., of Middlefield received citations from OSHA on July 7. The citations followed an inspection that found the young man suffered the injury when he touched the operating parts of a wood planer while manufacturing pallets on March 31.
Shady Knob violated the law by allowing an employee under 18 to work on the machine. Inspectors found the wood planer was one of several machines that lacked required safety guards to protect workers.
“Workers under age 18 are prohibited from operating power-driven woodworking machinery, such as the wood planer used here,” said Howard Eberts, OSHA's area director in Cleveland. “Without safety mechanisms, personal protective equipment and proper training, employees are at risk. Shady Knob Pallet Co., must know the laws and protect the safety and well-being of its workers.”
OSHA issued 17 serious safety violations to the company. Proposed fines total $43,200. In addition to missing safety mechanisms, inspectors found Shady Knob failed to:
Train worksite staff to provide first aid
Establish an exposure control plan for employees exposed to blood during first aid
- Teach employees about workplace chemical hazards
- Provide, and train workers on, the use of personal protective equipment
- Store flammable liquids correctly
- Use self-closing valves on gasoline drums used to power equipment
- Install electrical equipment properly
The Wage and Hour Division is also investigating the company for probable violations of child labor laws.
Cal/OSHA Cites Construction Company in Fatal Steel Pipe Accident
Cal/OSHA cited a Bay Area company following an investigation into a fatal accident at a Petaluma construction site in April. A 28-year-old worker from Novato was killed when a 40-foot concrete-coated steel pipe being unloaded from a forklift rolled down a slope and crushed him.
“This fatality could have been avoided had the required safety measures been in place for working at a hazardous location,” said Christine Baker, Director of the Department of Industrial Relations (DIR). Cal/OSHA is a division of DIR.
The accident occurred around 7 a.m. on April 15 near Highway 101, where Maggiora & Ghilotti, Inc., of San Rafael was replacing an old water pipe. The employee was working with a forklift operator to unload and transport the new pipe down a sloping dirt road. The pipe weighed approximately 8,000 lb and was not secured to the forklift; it was unloaded directly to the ground without any chocks or barrier to prevent it from moving. The worker was facing the pipe when it slid off the forks, rolled over him and was finally stopped by a chain link fence.
“Employers must be vigilant in recognizing job hazards and keeping their employees safe by taking the necessary precautions in all aspects of an operation,” said Cal/OSHA Chief Juliann Sum.
Cal/OSHA’s American Canyon office issued three citations to Maggiora & Ghilotti for failing to recognize and plan for the hazard of transporting the steel pipe, for failing to survey and plan for the hazards of uneven ground, and for not securing the pipe during transport. The three citations total $38,250.
Gateway Failed to Protect Employees from Workplace Violence Hazards
Workers suffered injuries such as, bites, abrasions, contusions and stab wounds. OSHA recently announced that in future health care industry inspections, it would expand its enforcement resources to focus on workplace violence and other safety and health risks.
“During our investigation, it became clear that management was well aware that its employees were being injured by violent clients for several years, yet they took no action to protect their workers,” said Ramona Morris, OSHA's director of the Birmingham Area Office. “It is unacceptable for an employer not to take action to protect its workers from known hazards.”
Proposed penalties total $7,000.
Gateway is a social services organization that operates a therapeutic treatment center involved in counseling, education and other programs designed to help adolescents.
OSHA Schedules Meeting of the Maritime Advisory Committee for Occupational Safety and Health
The Longshoring and Shipyard Work Groups will meet September 1 and the full committee will meet Sept. 2.
The full committee agenda items include a presentation on OSHA 10 and 30-hour Maritime Outreach Training; an OSHA field report on maritime activities; an overview of OSHA's Maritime Steering Committee; and reports from the Longshoring and Shipyard workgroups.
The Longshoring and Shipyard work groups will discuss Shipyard Competent Person programs; fire and rescue services in shipyards; updates to the OSHA eTool for shipyards; container lashing safety; baggage handling in cruise terminal operations; mechanic safety in longshoring operations; and translating OSHA maritime guidance documents into Spanish.
Committee and work groups meetings will convene at the University of South Florida, Marshall Student Center, 4103 USF Cedar Circle, Tampa, Florida. 33620. Work groups will meet from 9 a.m. to 5 p.m., September 1 in conference rooms 3708 and 3709. The full committee will meet from 9 a.m. to 5 p.m., September 2 in Room 3709.
The deadline for submissions is August 10, 2015. All meetings are open to the public.
OSHA Schedules Meeting of the Federal Advisory Council on Occupational Safety and Health
OSHA has scheduled a meeting of the Federal Advisory Council on Occupational Safety and Health July 16, 2015, in Washington, D.C.
The tentative agenda includes updates from FACOSH subcommittees and discussions of OSHA's Voluntary Protection Program, practices for protecting federal workers from retaliation, and the Presidential POWER Initiative.
The committee will meet from 1 - 4:30 p.m., Thursday, July 16 in Rooms N-4437 A-D, US Department of Labor, 200 Constitution Ave., N.W., Washington, DC 20210. The meeting is open to the public.
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.
OSHA Renews Alliance with South Louisiana Service, Transmission, Exploration, and Production Safety Network
OSHA renewed a two-year alliance July 16, with the South Louisiana Service, Transmission, Exploration and Production Safety Network.
The two-year alliance, which includes operators and contractors in the oil and gas production, exploration and product transmission industry, will continue providing information, guidance, and resources to promote safety, health and environmental improvement for oil and gas workers in South Louisiana. The South Louisiana STEPS Network represents one of 23 STEPS groups in 15 oil- and gas-producing states.
“Our country's oil production is on track to set records this year, and that really underscores the importance of working together to make sure the workers who are contributing to the growth of the nation's oil and gas industry are safe. That's what this alliance is about - an ongoing commitment to the safety and health of those workers,” said Dorinda Folse, OSHA's area director in Baton Rouge. “Though the nationwide fatality rate in the oil and gas sector is still much higher than for workers in other sectors, the STEPS Networks represent a contribution to other public and private initiatives that have led to significant gains in oil and gas safety, both in Louisiana and nationwide.”
The purpose of each alliance is to develop compliance assistance tools and resources and educate workers and employers about their rights and responsibilities.
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