Farmworkers, public health advocates, labor organizations, and public officials, were among the more than 200,000 who submitted comments to the EPA calling on the agency to strengthen its Agricultural Worker Protection Standard (WPS). The WPS is the only federal standard designed to protect the nation’s more than 2 million farmworkers from one of their greatest occupational hazards: pesticide exposure.
“Farmworkers face dangerous exposure to poisons over the course of their working life,” said Eve Gartner, attorney for Earthjustice, a public interest law firm. “While most Americans benefit from broad workplace protections, farmworkers are not protected by the same health and safety standards.”
“The nation’s 2 million farmworkers deserve the level of workplace protections provided to other workers,” said Margaret Reeves, PhD, a senior scientist with Pesticide Action Network. “Protections for workers from pesticide exposure also mean protections for farmworker children and families.”
“Each year pesticide exposure poisons tens of thousands of farmworkers and their families,” said Virginia Ruiz, Director of Occupational and Environmental Health at Farmworker Justice. “We hope EPA responds to the hundreds of thousands of individuals who submitted comments in support of stronger protections and acts quickly to implement a Worker Protection Standard that prevents needless illness, injury, and death in farmworker communities.”
The groups are calling on EPA to change the proposed standard to include:
- Parity with safety rules provided to workers in non-agricultural industries
- Improved safety training annually and starting before workers enter treated fields
- Easily accessible information about pesticides used on the farm and in nurseries
- No children under 18 years of age allowed to handle hazardous pesticides
- Strict adherence to no-entry rules for areas recently treated with pesticides
- Improved protections and safety monitoring for pesticide handlers
Elvia Vasquez of Oxnard, California, worked in the fields of Southern California picking strawberries, lettuce, and broccoli for nearly a decade. “I would get rashes and headaches when forced to enter the strawberry fields that had been sprayed with pesticides only hours before,” said Vasquez, who now works with Organizacion en California de Lideres Campesinas, Inc., to educate farmworkers on the dangers of pesticide exposure.
“We know the EPA has all the information they need to finalize a stronger, better WPS that actually provides real protections for the people who feed our nation,” said Tirso Moreno, General Coordinator of the Farmworker Association of Florida. “The administration has heard the stories from farmworkers and they know what is needed to do the right thing.”
“Millions of farmworkers are exposed to cancer-causing chemicals without adequate safeguards to protect their health,” said Murshed Zaheed, Deputy Political Director at CREDO. “The least the EPA can do is take basic steps to protect farmworkers from being exposed to these toxic chemicals.”
Indeed the administration has been hearing from workers and advocates for over a decade now—the WPS was first adopted in 1995 and has been awaiting revision since 2000. EPA is finally expected to issue the finalized rule by early 2015, after closing its public comment period on their proposal for a revised WPS on August 18.
Some 200,000 petition signatures were collected by Earthjustice, Farmworker Association of Florida, Farmworker Justice, Labor Council for Latin American Advancement, Migrant Clinicians Network, Pesticide Action Network North America, United Farm Workers, CREDO, and others.
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.
Environmental Resource Center is offering live online training for you to learn how the new rule differs from current requirements, how to implement the changes, and when the changes must be implemented.
EPA’s New Solvent Wipe, Shop Towel Rule Demystified
- Does the rule apply to both cloth and paper wipes and rags?
- What solvents can be on the towels, and which are prohibited?
- Does the rule also apply to towels that contain characteristic hazardous waste?
- Can P or U-listed wastes be on the towels?
- How must the towels be stored on-site?
- Do they need to be tested for anything?
- How long can they be stored?
- How must the containers be marked or labeled?
- How must they be prepared for transportation?
- Where can you ship them and what are the disposal and recycling options?
- What are the documentation requirements?
- How is the new rule impacted by current state regulations?
Pittsburgh RCRA and DOT Training
Columbus RCRA and DOT Training
San Antonio RCRA and DOT Training
Two Workers Left Injured Following Explosion at Indianhead Biomass Services
Two employees were injured following an explosion at Indianhead Explorations, LLC, doing business as Indianhead Biomass Services, permanently disabling one employee and causing the other to suffer a leg injury. Following the March 2014 incident, OSHA cited the employer with two willful and seven serious safety violations.
The workers were making modifications to the wood piping that supplied the gas and the gas heat exchangers by cutting into the gas supply pipe with a torch when the residual gas ignited inside the pipe and exploded due to the pressure.
“This incident could have been prevented if the employer established and implemented necessary safety measures to ensure that the pipe was properly vented to release the heat and pressure that builds up inside the pipe,” said Brian Sturtecky, OSHA’s area director in Jacksonville. “The employer’s lack of safety procedures endangered all workers at this facility and resulted in one employee being permanently disabled.”
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 serious violations were cited for exposing employees to flying debris by not having machine guarding on several pieces of equipment. Additionally, the employer: allowed workers to use a compressed oxygen cylinder with a damaged and inoperable regulator gauge; failed to clean, ventilate, or test the pipe and tanks of the wood gas cooling supply system prior to use; and failed to provide a vent or opening for the release of built-up pressure and heat while using a cutting torch. 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 is proposing $93,300 in penalties.
Asphalt Specialists Inc. to Pay Nearly $1M in Compensation and Reinstate Drivers Terminated for Raising Safety Concerns
Headquartered in Pontiac, Michigan, the asphalt paving company was ordered to reinstate the three employees to their former positions with all pay, benefits, and rights. The company was ordered to pay a total of $953,916 in damages: $243,916 in back wages to the drivers, $110,000 in compensatory damages, and $600,000 in punitive damages.
“It is illegal for an employer to retaliate against employees who report work-related safety concerns or violations of federal transportation regulations, which require drivers to have a minimum 10-hour rest period between shifts,” said Assistant Secretary of Labor for OSHA Dr. David Michaels. “OSHA is committed to protecting workers from retaliation for exercising basic worker rights.”
The foreman was terminated from employment on June 30, 2012. The foreman repeatedly raised concerns to the company’s co-owner about exceeding hours of service when job assignments repeatedly failed to allow for the 10-hour rest period mandated by the DOT. At least twice, the foreman and the crew were expected to work more than 27 hours straight. The employee rightfully refused to operate a vehicle in an unsafe manner, which could potentially cause serious injury to the worker, co-workers, or the public. OSHA has ordered the foreman to be reinstated and to receive back wages of $147,457, less any applicable employment taxes; $50,000 in compensatory damages, and $200,000 in punitive damages.
The second truck driver was terminated from employment on April 26, 2013. The employee also raised concerns about the number of work hours required by the company and refused to sign an affidavit denying that the worker was required to work in excess of the number hours legally permitted. Asphalt Specialists sought the affidavit to use in their response to OSHA’s investigation of the fired foreman’s claims. OSHA has ordered this driver to be reinstated and to receive back wages of $44,379, less any applicable employment taxes; $30,000 in compensatory damages, and $200,000 in punitive damages.
The third driver was terminated from employment on July 8, 2013, after raising concerns about vehicle maintenance and about the number of hours they were expected to drive. OSHA has ordered the driver to be reinstated and to receive back wages of $52,080, less any applicable employment taxes; $30,000 in compensatory damages, and $200,000 in punitive damages.
The STAA covers private-sector drivers and other employees of commercial motor carriers. Companies covered by the STAA may not discharge their employees or retaliate against them for refusing to operate a vehicle because doing so would either violate a federal commercial motor vehicle rule related to safety, health, or security, or because the employee had a reasonable apprehension of serious injury to themselves or the public because of a vehicle’s safety or security condition.
Any of the parties in this case can file an appeal with the Department of Labor’s Office of Administrative Law Judges.
Employers are prohibited from retaliating against employees who raise various protected concerns or provide protected information to the employer or to the government.
Hanford Nuclear Facility Contractor Ordered to Reinstate and Compensate Worker Fired for Raising Environmental Safety Concerns
OSHA took the actions against Washington River Protection Solutions, of Richland, Washington, after the employee repeatedly reported nuclear and environmental safety and permit and record-keeping violations. When the employer advertised the vacant position, the employer refused to rehire the employee despite adequate qualifications and previous satisfactory performance reviews.
“The people most able to identify hazards are often the workers who are threatened by them,” said Galen Lemke, OSHA’s acting regional administrator. “Employees must never be punished for sounding an alarm when they see a problem that could injure, sicken or kill someone, or harm the environment.”
OSHA has ordered Washington River Protection to rehire the employee with the same pay and benefits that the employee would currently receive if not for the termination, pay the employee $185,949 in lost wages plus interest, $24,380 in compensatory damages, and $10,000 in exemplary damages and reasonable attorney’s fees. Washington River Protection must post a “Your Rights Under the Energy Reorganization Act” poster, remove disciplinary information from the employee’s personnel record, and provide whistleblower rights information to its employees.
The Hanford Site produced plutonium for nuclear weapons from 1943 until approximately 1987. The production processes left solid and liquid waste that posed a risk to the local environment. The Department of Energy entered into an agreement in 1989 to clean up the Hanford Site.
OSHA Settles Whistleblower Complaint Against Gaines Motor Lines Inc.
“OSHA will continue to ensure that the whistleblower provisions of the STAA are properly and thoroughly enforced, while keeping open the opportunity for settlement negotiations,” said Kurt A. Petermeyer, OSHA’s regional administrator in Atlanta. “In this case, we are pleased to enter into a settlement agreement that solidifies this commitment.”
The whistleblower complaint alleged that four employees were terminated for participating in an inspection audit conducted by the US DOT’s Federal Motor Carrier Safety Administration (FMCSA) that identified log violations at the commercial motor carrier company’s facility in Hickory, North Carolina. From February 28 through March 1, 2012, the four employees were interviewed by the FMCSA. On March 8, following the audit and subsequent citations issued against Gaines Motor Lines, the workers suffered adverse retaliation by company officials, including termination, layoffs, and removal of employee benefits.
The settlement requires the employer to pay the complainants a total of $262,500, which includes all back pay and interest, and compensatory damages. Additionally, the company will post the OSHA and whistleblower posters in the workplace, and provide training regarding STAA protected rights to all workers.
Roofing Contractor Repeatedly Exposes Workers to Fall Hazards
Roofing contractor Juan Manuel Antonio-Martinez has been cited for three willful safety violations for exposing workers to fall hazards at two separate residential home sites in Savoy, Illinois, on March 26, 2014, and April 9, 2014. OSHA has proposed penalties of $85,800. This is the fifth time OSHA has cited the company for similar violations in the past three years. The company has not cooperated with OSHA during previous inspections, nor has it paid any portion of the $110,880 in total penalties assessed from those inspections.
“Antonio-Martinez failed to acknowledge OSHA’s presence at the work site or address ways to abate hazards,” said Thomas Bielema, OSHA’s area director in Peoria. “Falls remain the leading cause of death in the construction industry. Allowing these types of hazards without fall protection is inexcusable. This employer’s choice to ignore OSHA’s common-sense safety regulations demonstrates a complete disregard for employee safety.”
The job sites included a home under construction and an existing home. In inspections at both home sites, an OSHA compliance officer observed employees working on residential roofs without fall protection. . OSHA regulations require the use of a recommended means of fall protection, such as guardrail systems, safety nets, warning-line systems, or personal fall arrest systems. Antonio-Martinez was cited for one willful violation at each location for failure to provide fall protection.
A third willful violation was cited when the inspector observed workers exiting the roof via an extension ladder that only extended 1 foot above the upper landing surface of the roof. OSHA regulations require that ladders extend 3 feet over the landing for safe access.
The roofing contractor had been cited for similar violations in 2011, 2012, and 2013 at Illinois work sites in Paris, Champaign, and Mahomet.
The page offers fact sheets, posters, and videos that vividly illustrate various fall hazards and appropriate preventive measures. OSHA standards require that an effective form of fall protection be in use when workers perform construction activities 6 feet or more above the next lower level.
Cal/OSHA Cites Menzies Aviation for LAX Worker Fatality
Cal/OSHA recently cited Menzies Aviation $77,250 for three serious accident-related violations, one serious violation, and one regulatory violation following an investigation into the February death of a worker at Los Angeles International Airport (LAX), who was thrown from the tow tractor he was operating without a seatbelt.
Tow tractors are used to pull luggage and cargo trailers throughout the airport. Cal/OSHA’s investigation determined that Menzies’ safety policy on the operation of tow tractors in and around LAX did not require, and in fact discouraged, the use of safety belts in certain areas of the airport.
“This fatality could have been prevented with a well thought-out and implemented safety plan, as is required for all worksites in California,” said Christine Baker, Director of the Department of Industrial Relations (DIR). Cal/OSHA is a division of DIR.
Cesar Valenzuela, a 51-year old ramp agent employed by Menzies, was driving a tow tractor the morning of February 21 to pick up cargo at the airport. He was later found with his head pinned underneath one of the tires. Cal/OSHA’s investigation found that a portion of the vehicle’s seat belt was missing on the tow tractor. State safety regulations require the use of a restraint system such as seatbelts when originally installed on tow tractors and industrial trucks. The employer’s vehicle inspection procedures were also inadequate.
“Employers must follow and adhere to applicable safety regulations, especially when workers are operating equipment such as tow tractors,” said Acting Cal/OSHA Chief Juliann Sum.
The Cal/OSHA safety inspector investigating the accident at LAX noted that numerous employees were observed operating tow tractors without using seatbelts or other restraints. Menzies’ written safety program only required workers to use seatbelts when traveling on marked roadways or vehicle service roads, not when traveling to adjacent airport gates or aircraft parking areas.
Menzies Aviation, which has its headquarters in Scotland and operates in more than 30 countries, also inaccurately reported the fatal accident to Cal/OSHA as a heart attack. Regulations require employers to accurately report work-related fatalities within eight hours to Cal/OSHA.
Kevin Burke Home Improvement Fined $56,400 for Exposing Workers to Fatal Falls
A home improvement business based in Hamburg was found to have repeatedly exposed its employees to potentially fatal falls of 20 feet or more at a Lackawanna, New York, work site, according to OSHA. Kevin Burke Home Improvement was cited for five serious and two willful safety violations, with total proposed penalties of $56,400.
OSHA inspectors driving by the work site on April 16, 2014, observed employees working on the roof and on a scaffold without fall protection. They instructed the employer to ensure that all workers used fall protection before continuing work. When an OSHA inspector returned to the site the next day, he found the fall protection equipment had been removed or was not in use.
“Potentially deadly fall hazards were witnessed two consecutive days, even after the employer was given explicit instructions to correct the problems,” said Michael Scime, OSHA’s area director in Buffalo. “While no worker was killed or injured, the danger was real, and avoidable. This employer must live up to the responsibility of keeping its employees safe.”
As a result, OSHA cited Kevin Burke Home Improvement for two willful violations of fall protection requirements, with $44,000 in fines.
OSHA cited the contractor for five serious violations, with $12,400 in fines, for not providing required hard hats to protect workers against head injuries from falling debris, for overloading a scaffold, and failing to provide proper fall protection equipment.
OSHA Fines Gonzalez Stucco & Stone $54,120 for Serious Safety Hazards
Auburn, Alabama-based Gonzalez Stucco & Stone, LLC, has been cited for four repeat and one serious safety violation following an OSHA inspection at a residential construction site.
The repeat citations, with $52,360 in penalties, were issued for exposing workers to falls ranging from 18 to 26 feet. The employer failed to plank scaffolds fully, ensure guardrails were installed on open sides, and provide adequate access to scaffolding. The employer neglected to provide fall protection devices for workers preparing to lay brick around a chimney.
A repeat violation exists when an employer has been cited previously for the same or a similar violation of a standard, regulation, rule, or order at any facility in federal enforcement states within the last five years. Gonzalez was cited for fall protection and scaffolding violations in 2013 and has an extensive OSHA inspection history.
The serious citation, with penalties totaling $1,760, was issued for exposing workers to falls up to 26 feet and failing to train employees regarding scaffolding hazards.
Perry Fiberglass Products Exposes Workers to Hazardous Chemicals, Fined $53,130
Perry Fiberglass Products, Inc., has been cited for four repeat and nine serious safety and health violations after OSHA received a complaint alleging unsafe handling of hazardous chemicals at the company’s Avon Lake, Ohio, facility. OSHA initiated a February 5, 2014, inspection at the facility—which manufactures fiberglass pipes and tanks. Proposed penalties total $53,130.
“Overexposure to hazardous chemicals can cause serious health effects, and workers deserve to know what hazards they are working with each day,” said Kim Nelson, OSHA’s area director in Toledo. “It is the employer’s job to protect its worker from these hazards. This company’s history of OSHA violations shows that they don’t take that job seriously. That is unacceptable.”
The investigation found repeat violations of OSHA’s hazard communication standard, which requires employers to provide an effective training program with understandable information on appropriate handling and safe use of hazardous chemicals. The repeat violations included failure to label containers to identify and warn of the hazardous chemicals contained inside, use self-closing valves on containers with flammable liquids, ensure a bonding system was used when dispensing flammable chemicals into secondary containers, and failure to provide and maintain suitable eyewash stations. The company was cited for similar violations in 2010.
Workers Injured at Telecommunication Tower Manufacturing Plant
FWT, LLC, has been cited for one repeat and one serious safety violation by OSHA after two employees were injured in separate incidents at the company’s Hicksville, Ohio, facility, which manufactures telecommunication towers.
The injured employees were at the facility and operated cranes that loaded telecommunication poles into squaring presses, which flatten part of the poles, when the injuries occurred. On February 25, 2014, an employee’s hands were crushed by machinery, which resulted in lost work time. On March 17, a second employee was pinned between a telecommunication pole and the frame of the squaring press.
“The workers’ injuries were serious and preventable had basic machine guards been provided on the equipment they were expected to use daily,” said Kim Nelson, OSHA’s area director in Toledo. FWT has a responsibility to protect its employees from known dangers in its facilities.”
. The company was cited for a similar violation at the Hicksville facility in 2013.
The squaring press flattens the knuckles on the end of telecommunication tower poles, and without proper guarding, it can cause catastrophic injury.
The Preservation Society of Newport County Exposes Workers to Lead and Fall Hazards
“The hazards were both immediate and long-term,” said Patrick Griffin, OSHA’s area director for Rhode Island. “A fall from an improperly used ladder could have disabled or killed workers within seconds. Exposure to lead-based paint without proper safeguards could, over time, contribute to chronic health conditions. The society’s care and maintenance of historic structures should not come at a cost to the health and well-being of its workers. It must take effective action to ensure that these hazards don’t occur again.”
OSHA found that The Preservation Society of Newport County did not determine the level of lead exposure for each employee and did not provide interim safeguards, including appropriate respiratory protection, personal protective clothing and equipment, areas to change out of lead-contaminated clothing, hand-washing facilities, biological monitoring, and hazard communication training. In addition, a vacuum cleaner lacked a high-efficiency particulate air filter used to collect lead-contaminated debris and the employer did not train workers in the proper procedures of working with ladders.
OSHA has cited The Preservation Society of Newport County for 10 serious violations and proposed $51,840 in fines.
McLaughlin Body Co. Exposes Workers to Amputation Hazards
OSHA initiated the inspections in March 2014 after receiving complaints alleging unsafe working conditions at both plants. The inspection found nine serious violations carrying proposed penalties of $43,000.
“Manufacturers that operate dangerous industrial equipment must be aware of the hazards workers face daily while working with this machinery. It is an employer’s job to ensure that its workforce is adequately trained and protected,” said Tom Bielema, OSHA’s area director in Peoria.
McLaughlin Body Co., engineers and fabricates vehicle cabs, enclosures, and metal components for agricultural, construction, and military use and for heavy-duty vehicles.
OSHA Renews Alliance with Global Cold Chain Alliance to Help Prevent Worker Exposure to Hazardous Chemical Releases
OSHA has renewed its alliance with the Global Cold Chain Alliance (GCCA) to continue working together to protect workers from exposure to hazardous chemical releases from ammonia refrigeration systems and improve the process safety management (PSM) programs for these systems.
“We look forward to our continued alliance with GCCA and working together to protect worker safety and health,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels.
Anhydrous ammonia is widely used as a refrigerant in many industrial facilities including meat, poultry, and fish processing facilities; dairy and ice cream plants; and cold storage warehouses. Ammonia is considered a high health hazard because it is corrosive to the skin, eyes, and lungs. Spills and releases of the chemical can pose the risk of fires and explosions.
Through the alliance, OSHA and GCCA will provide training to OSHA staff including a webinar on ammonia safety, and develop outreach materials related to ammonia safety and PSM. The alliance will also support the agency’s national outreach campaigns including the National Emphasis Program for Chemical Facilities and the prevention of falls in construction.
GCCA comprises 1,650 employers in the temperature-controlled products industry whose primary focus is to maintain the quality and safety of products distributed to consumers. GCCA members employ about 300,000 workers, which account for 90% of public refrigerated warehouse facility workers.
The purpose of each alliance is to develop compliance assistance tools and resources, and to educate workers and employers about their rights and responsibilities. Alliance Program participants do not receive exemptions from OSHA inspections or any other enforcement benefits.
New Mexico Environment Secretary Signs Agreement with Consulate of Mexico to Promote Occupational Health and Safety
New Mexico Environment Department (NMED) Secretary Ryan Flynn recently signed a Memorandum of Understanding with Consulate of Mexico Mauricio Ibarra Ponce de Leon that establishes a collaborative relationship to provide Spanish-speaking employees in New Mexico with proper training to improve workplace safety.
“All workers in New Mexico deserve a safe environment to perform their duties,” said NMED Secretary Flynn. “This first-of-its-kind agreement will allow our Occupational Health & Safety Bureau (the state branch of OSHA) to offer information and training through the Consulate of Mexico. I’m pleased we can provide opportunities through this agreement that could potentially save lives.”
New Mexico OSHA works with businesses, trade associations, unions, consulates, professional organizations, faith- and community-based organizations, and educational institutions to prevent workplace fatalities, injuries, and illnesses. The purpose of each alliance is to develop compliance assistance tools and resources and educate workers and employers about their rights and responsibilities. This alliance will provide workers with assistance and outreach materials in Spanish on workers’ rights and OSHA standards. Under the alliance, New Mexico OSHA and the consulate will provide workers with access to education and training resources in Spanish about their rights in the workplace and the responsibilities of employers under the Occupational Health and Safety and Health Act. Alliance members will also promote safety and health during speaking engagements and with appearances at each other’s outreach events, including mobile consulate activities.
The recent signing occurred at the Office of the Consulate of Mexico in Albuquerque. The 2-year agreement is the first collaborative effort to be signed between Mexico and the NMED.
River Metals Recycling Achieves Workplace Safety Recognition
INSHARP businesses are proven workplace safety and health leaders.
“River Metals Recycling demonstrates a tireless dedication to safety,” said Indiana Department of Labor (IDOL) Commissioner Rick J. Ruble. “Their employees are able to go to work knowing safety is a priority today and will continue to be tomorrow, next week, and next year.”
To participate in INSHARP, a company must develop, implement, and maintain an exemplary worker safety and health management system and pass a comprehensive safety and health evaluation by the IDOL. In addition, the facility’s occupational injury and illness rates must be below the national industry average. Less than 50 Indiana employers have achieved INSHARP certification.
RMR President Bob Eviston thanked the Greensburg team for their daily contribution to the company’s success.
“Safety is recognized and promoted as a core value at RMR,” said Eviston. “Active participation throughout all levels of the organization is key to the success of our safety process, and we continue to explore new ways to improve safety in our plants. Congratulations to all RMR Greensburg teammates on receiving this important INSHARP certification.”
RMR is the largest scrap recycler in the Kentucky and greater Cincinnati area, with nine locations in Illinois, Indiana, Kentucky, and Ohio. RMR is headquartered in Crescent Springs, Kentucky, and has nearly 300 teammates. RMR’s Greensburg facility specializes in scrap recycling services for households, tradesmen, and businesses. The Greensburg recycling center buys ferrous scrap as well as common household nonferrous scrap metal items like aluminum cans and other aluminum, stainless steel, copper, and brass products.
