For the fourth consecutive year, OSHA’s campaign aims to raise awareness and educate workers and employers about the dangers of working in hot weather and provide resources and guidance to address these hazards. Workers at particular risk are those in outdoor industries, such as agriculture, construction, landscaping, and transportation.
“Heat-related illnesses can be fatal, and employers are responsible for keeping workers safe,” said US Secretary of Labor Thomas E. Perez. “Employers can take a few easy steps to save lives, including scheduling frequent water breaks, providing shade and allowing ample time to rest.”
Thousands of employees become sick each year and many die from working in the heat. In 2012, there were 31 heat-related worker deaths and 4,120 heat-related worker illnesses. Labor-intensive activities in hot weather can raise body temperatures beyond the level that normally can be cooled by sweating. Heat illness initially may manifest as heat rash or heat cramps, but can quickly escalate to heat exhaustion and then heat stroke if simple preventative measures are not followed.
“Acclimatization is a physical change that the body undergoes to build tolerance to heat, and it is a critical part of preventing heat illnesses and fatalities,” said Dr. David Michaels, assistant secretary of labor for occupational safety and health. “Over the past three years, lack of acclimatization was the cause in 74 percent of heat-related citations issued. Employers have a responsibility to provide workplaces that are safe from recognized hazards, including outdoor heat.”
Last year, OSHA issued 11 heat-related citations. In some of these cases, the employer and staffing agency were cited because they involved temporary workers.
The app displays a risk level for workers based on the heat index, as well as reminders about protective measures that should be taken at that risk level. Since its 2011 launch, more than 130,000 users have downloaded the app.
In developing its inaugural national campaign in 2011, federal OSHA worked closely with the California Occupational Safety and Health Administration and adapted materials from that state’s successful campaign. Additionally, OSHA is partnering with the National Oceanic and Atmospheric Administration to incorporate worker safety precautions when heat alerts are issued across the nation.
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?
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.
Chattanooga RCRA and DOT Training
Irvine RCRA and DOT Training
Dayton RCRA and DOT Training
Oregon OSHA Adopts Changes With Federal OSHA Amendments to Mechanical Power Presses in General Industry
Oregon OSHA Administrative Order 1-2014, effective May 14, 2014 adopted amendments to 29 CFR 1910.217 Mechanical Power Presses, in Division 2/O; as published in the November 20, 2013 Federal Register. With this rulemaking, federal OSHA made two main revisions. First, federal OSHA revised a provision that requires employers to develop and maintain certification records of periodic inspections performed on the presses by adding a requirement that they develop and maintain certification records of any maintenance and repairs they perform on the presses. Second, federal OSHA removed the requirement from another provision that employers develop and maintain certification records of weekly inspections and tests performed on the presses.
No comments were received during the open comment period. Oregon OSHA made these amendments to 1910.217(e)(1), in Division 2/O in general industry.
Burlington Northern Santa Fe Railway Ordered to Pay More than $526,000 to Terminated Workers
“An employer cannot retaliate against employees who report an injury,” said Gregory Baxter, OSHA’s regional administrator in Denver. “OSHA recognizes that employers can legitimately have, and apply, policies to require prompt injury reporting; however, that is not what happened here. When employers mask their retaliatory intent through application of a policy or rule, they violate the law.”
The former employees submitted complaints to OSHA alleging violations of the anti-retaliation provisions of the FRSA. Because of these complaints, OSHA conducted an investigation and determined that the reporting of the work-related injury was a factor in each former employee’s termination, which is a direct violation of the FRSA. Burlington Northern has been ordered to pay back wages with interest, compensatory damages and attorney’s fees, while reinstating and expunging the two employees’ work records.
The reporting of an injury, regardless of an employer’s policy or deadline, is a protected activity under well-established law. The railway carrier failed to demonstrate that it would have taken the same unfavorable personnel action in the absence of the behavior protected by the FRSA.
Burlington Northern or the complainant may file objections or request a hearing before the department’s Office of Administrative Law Judges within 30 days of receipt of OSHA’s order. OSHA enforces the whistleblower provisions of the FRSA and 21 other statutes, protecting employees who report violations of various airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health care reform, nuclear, pipeline, worker safety, public transportation agency, maritime, and securities laws.
Employers are prohibited from retaliating against employees who raise various protected concerns or provide protected information to the employer or to the government.
Powderpart Inc. Faces $64,400 Fine for Exposing Workers to Combustible Metal Powder, Electrical Hazards
Powderpart, Inc., a Woburn 3-D printing company, was cited by OSHA for one willful and nine serious violations of workplace safety standards. The inspection followed an explosion and fire on November 5, 2013, which inflicted third-degree burns on a company employee.
OSHA’s Andover Area Office found that the company failed to prevent and protect its workforce from the fire and explosion hazards of reactive, combustible metal powders, such as titanium and aluminum alloys, which are used in the company’s three-dimensional printing process.
“The fire and explosion hazards when working with titanium and aluminum are established, particularly when the materials are in powder form,” said Jeffrey Erskine, OSHA’s area director for Middlesex and Essex counties. “Just as it’s easier to start a campfire with kindling than with logs, it’s easier for a metal fire to start when you’re working with metal powder that is as fine as confectioner’s sugar.”
Powderpart failed to eliminate known sources of potential ignition and follow pertinent instructions from equipment manufacturers, and did not alert the Woburn Fire Department to the workplace presence of hazardous materials. Additionally, Powderpart located an employee workstation and flammable powders next to an area with explosion potential.
In addition to the fire and explosion dangers, other serious hazards included the use of unapproved electrical equipment; electrical equipment and wiring that were unsuitable for a hazardous location; failure to train employees on chemical hazards and safeguards; failure to supply employees with all necessary protective clothing, equipment and training; no written respiratory protection program; and failure to post danger tags in potentially explosive areas.
“Establishments that use metal powders in this new technology need to scrutinize their processes and take steps to prevent and protect their employees from fire and explosion hazards that arise with these materials,” said Robert Hooper, OSHA’s acting regional administrator for New England. “The market for 3-D printed parts made from titanium and aluminum alloys includes the automotive, aerospace, defense, medical, dental, and jewelry industries. Basic safety measures must be incorporated into this 21st century technology, so that it can grow without harming the employees who are building this new industry.”
One willful violation, with a $14,000 penalty, was cited for Powderpart’s failure to have any Class D metal fire extinguishers. OSHA found that Powderpart knew that titanium and aluminum fires cannot be extinguished with a regular fire extinguisher or with water, and knew that its manufacturing process presented potential fire hazards; however, there were no Class D metal fire extinguishers on-site during the explosion and fire. A willful violation is one committed with intentional disregard for the law’s requirements, or with plain indifference to worker safety and health.
Nine serious violations, with $50,400 in penalties, were cited for the remaining hazards. 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.
Power Coatings Fails to Protect Workers from Toxic Chemical Hazards, Fined $51,800
Power Coatings, LLC, a company that specializes in powder coating metal parts, has been cited by OSHA for 14 serious safety violations, including failing to protect workers from toxic substances, which can cause cancer, lung impairment, and other diseases. OSHA has proposed penalties of $51,800 following a December 2013 complaint inspection of Power Coatings’ Janesville facility.
“The company must identify and correct workplace hazards and provide workers with required safety training.”
The serious safety violations cited included failing to conduct a personal protective equipment hazard assessment and to provide and require the use of personal protective equipment for skin and eye hazards from methyl ethyl ketone vapors and powder coating dust. Power Coatings did not have a written respiratory protection or hazard communication program and failed to train workers on the programs and hazards found in the workplace. The company failed to conduct air monitoring for methyl ethyl ketone, dust, and other respiratory hazards.
Tortillas Ricas LP Fined $48,300 for Serious Health and Safety Violations
Tortillas Ricas LP, doing business as Casa Rica Tortillas, has been cited by OSHA for 13 serious safety and health violations with proposed fines of $48,300.
“All workers deserve a safe workplace, and Casa Rica Tortillas has a responsibility to provide that safe workplace for its employees,” said Elena S. Metcalf, acting area director of OSHA’s El Paso Area Office. “OSHA standards are there to protect workers from predictable and preventable injuries and illnesses. These standards were disregarded at the expense of worker safety.”
OSHA inspectors found that the employer did not provide adequate safety training for employees working with hazardous chemicals. The employer was cited for exposing workers to unguarded machines, failing to control combustible dust, and for exposing employees to electrical hazards.
Natasha Accessories Ltd. Faces Fines of More than $47,000 for Fire and other Safety Hazards
A Manhattan-based women’s jewelry and accessories maker faces $47,600 in proposed penalties from OSHA for exposing workers to blocked exits, fire, and safety hazards at its 254 W. 35th St. location. In response to a complaint alleging unsafe workplace conditions, Natasha Accessories Ltd. was cited for eight serious and three repeat violations, following an inspection by OSHA’s Manhattan Area Office that began on February 7.
“Worker safety is paramount. Blocked exits, missing or unlit exit signs and obstructed sprinkler heads are serious, even potentially deadly hazards. During an emergency, such as a fire, a clear and well-labeled exit route could mean the difference between life and death for employees,” said Kay Gee, OSHA’s area director for Manhattan, Brooklyn and Queens.
A total of eight serious violations, with $30,800 in fines, were cited for blocked exits; propped-open fire doors; lack of emergency exit lighting in stairways; obstructed sprinkler heads; slip and fall hazards; electrical hazards; and unsafely stacked boxes
OSHA also found hazards similar to those cited during a 2011 inspection of Natasha’s West 36th Street location. These included a lack of directional emergency exit signs, unilluminated exit signs, and nonexit doors that were not marked. The lack of clear, understandable signage and lighting could prevent employees from exiting the work area swiftly in a fire or emergency. OSHA issued three repeat citations, carrying $16,800 in fines, to Natasha for these recurring hazards. 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 of its facilities in federal enforcement states within the last five years.
“To prevent potentially hazardous incidents from occurring, employers should implement an effective emergency response plan that includes conducting occasional fire drills and ensuring that exits and fire abatement systems are always properly maintained and functioning,” said Robert Kulick, OSHA’s regional administrator in New York.
Allied Powder Coating Fails to Protect Workers from Toxic Chemicals
Outdoor Furniture Refinishing, Inc., doing business as Allied Powder Coating, has been cited by OSHA for 15 serious health and safety violations with a proposed fine of $55,440.
“Allied Powder Coating has a responsibility to provide a safe workplace for its employees,” said Mark Briggs, OSHA’s area director in the Houston South Area Office. “OSHA standards are in place to protect workers from predictable and preventable injuries and illnesses, and the company ignored these standards at the expense of worker safety.”
The serious violations include exposing workers to crystalline silica above the occupational exposure limit. Crystalline silica can cause lung cancer, silicosis, chronic obstructive pulmonary disease, and kidney disease in workers. The company also failed to institute a noise monitoring program that included audiometric testing for workers exposed to noise in excess of 90 decibels.
Additionally, the spray booth was not equipped with an alarm to indicate proper maintenance of required air velocity, nor was it equipped with sprinklers or an exhaust that discharged to the building’s exterior. Further, workers were not fit tested or medically evaluated for respirators, and the respirators were not properly stored and inspected prior to use.
Nicholson Terminal & Dock Co. Cited after Worker Fatally Struck by Forklift
The incident occurred November 19, 2013, at the Detroit marine terminal when the worker was struck by a 62,000-pound-capacity forklift carrying a 40,000-pound steel coil.
“Nicholson Terminal & Dock Co., has a responsibility to train its workers in the safe operation of dangerous equipment, and a worker tragically lost his life because this company failed to live up to that responsibility,” said Larry Johnson, OSHA’s area director in Lansing. “A worker’s life should never be the cost of doing business.”
A willful citation was issued for modifying a forklift without obtaining manufacturer approval. A second willful citation was issued for failing to establish vehicle routes, traffic rules, and to post signs indicating pedestrian traffic where employees work.
Seven serious safety violations were cited. Five of those involve forklift safety, including failing to train employees on operating instructions, warnings, and precautions listed in the operator’s manual; maintain vehicles in safe working order; and direct employees to sound the horn when visibility was obstructed. Other citations involved failing to conduct monthly crane inspections and test cargo gear for load capacity.
Being struck-by vehicles and other objects is a leading cause of workplace deaths. Approximately 75% of struck-by fatalities involve heavy equipment. Causes of struck-by accidents typically involve reverse vehicle movement into a pedestrian outside the driver’s field of vision, or vehicles falling off ramps, inclines, or unstable ground. Accident prevention strategies include ensuring back-up alarms are functional, check the periphery of vehicle before operating, stay alert, obey all traffic rules and signs, minimize distractions, inspect and maintain vehicles, use safety belts, and turn on headlights.
Baltazar’s Stone Inc. Exposes Workers to Dangerous Silica Dust
OSHA began the inspection November 27, 2013, after receiving a complaint. The inspection resulted in 15 violations.
“Occupational exposure to crystalline silica often occurs as part of common workplace tasks involving cutting, sawing, drilling, and crushing of concrete, brick, block, rock, and stone,” said Bonita Winingham, OSHA’s area director in Omaha. “Employers must ensure that going to work is not hazardous to worker health.”
A total of 13 serious violations were cited, including allowing three stonecutters to be exposed to silica at levels nearly three times the permissible exposure limit for a work shift; failing to implement administrative and engineering controls to reduce exposure; and failing to train workers on silica hazards. Inhalation of small crystalline silica particles puts workers at risk for silicosis, lung cancer, chronic obstructive pulmonary disease, and kidney disease. Employers can protect workers from dangerous silica dust by providing engineering controls, respiratory protection and monitoring exposure.
OSHA estimates that the proposed rule will save nearly 700 lives and prevent 1,600 new cases of silicosis per year, once the full effect of the rule occurs. Many American families have seen firsthand the tragic result of silicosis.
Two other-than-serious violations were issued for failing to complete the OSHA injury and illness log as required and to post a copy of the occupational noise exposure standard. 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.
Alliance to Educate and Protect Illinois Electrical Workers on Arc Blast and Arc Flash Hazards Renewed
“The renewal of this alliance reflects the importance of electrical worker safety and health,” said Kathy Webb, OSHA’s area director in Calumet City. “This alliance will continue to help develop effective training programs, while opening the lines of communication between OSHA, employers, and workers.”
As part of the voluntary alliance, both EJATT and OSHA will continue working together to develop resources to help employers protect workers in these high-hazard industries. As a part of the alliance all parties can participate in forums, round tables, and stakeholder meetings on the hazards associated with arc blast and arc flash. They will also work together to create and present effective training programs. In addition, the alliance is focused on promoting a cooperative relationship between labor and management and encouraging worker participation in achieving a safe and healthful workplace. The alliance aims to meet these goals through increased training, implementation of best work practices, and compliance with applicable OSHA standards and regulations.
The alliance was first signed in February 2008 and was previously renewed in May 2012.
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.
OSHA Partners with General Contractor VCC to Help Protect Workers
The health and safety of workers during the construction of Arkansas State University’s student activity center in Jonesboro is the goal of a new strategic partnership formed recently between OSHA and general contractor VCC, LLC.
“The strategic partnership between VCC and OSHA affirms a shared commitment toward providing a safe work environment during the project’s construction,” said Carlos Reynolds, OSHA’s area director in Little Rock. “This agreement will help to ensure that goal is accomplished.”
Little Rock-based VCC, with seven offices nationwide, employs about 270 workers, and 100 of those employees are connected to the university’s activity center construction project. OSHA and VCC will work to reduce serious workplace injuries and illnesses, increase the number of safety and health programs among contractors and subcontractors, and build a relationship focused on preventing work-related fatalities.
. Most strategic partnerships seek to have a broad impact by building cooperative relationships with groups of employers and workers. These partnerships are voluntary relationships among OSHA, employers, worker representatives and others, such as trade unions, trade and professional associations, universities, and other government agencies.
OSHA and the American Staffing Association Form Alliance to Protect Temporary Workers
The Occupational Safety and Health Administration recently signed an alliance with the American Staffing Association to work together to further protect temporary employees from workplace hazards. All workers have the right to be safe, regardless of how long they have been on the job.
“We want to make sure that at the end of every work shift, all temporary workers in the United States are able to go home safely to their families,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “Through this alliance with the ASA, we will increase outreach to staffing agencies and host employers and provide information and education that is vital to protecting temporary workers.”
Through the alliance, OSHA and ASA will conduct outreach to workers about their rights, and work to educate staffing firms and their clients on their responsibilities to protect workers under the Occupational Safety and Health Act (OSH Act). The partners will work together to distribute OSHA guidance and additional information on the recognition and prevention of workplace hazards, and to further develop ways of communicating such information (e.g., print and electronic media, electronic assistance tools, and OSHA’s and ASA’s Web sites) to staffing firms, host employers, and temporary workers.
ASA, founded in 1966, has served as the voice of the US staffing and recruiting industry. With more than 1,600 members, ASA advances the interests of staffing and recruiting firms through advocacy, public relations and education.
Formwood Industries Recognized for Workplace Safety and Health
Formwood Industries in Jeffersonville, Indiana, has earned Indiana Safety and Health Achievement Recognition Program (INSHARP) certification, a distinguished workplace safety and health recognition.
“INSHARP certification doesn’t happen easily,” said Indiana Department of Labor (IDOL) Commissioner Rick J. Ruble. “Formwood Industries made a conscious decision to prioritize workplace safety and health and worked hard to achieve this success, which is something every Indiana business should strive to achieve.”
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.
Formwood Industries provides custom veneer faces, flexible veneer, NBL® wood-on-wood laminates, architectural veneer plywood, and edgebanding. Since 1972, manufacturers of furniture, casegoods, cabinets, store fixtures, perimeter walls, doors, dash boards, and boat interiors have relied on their products and technical assistance.
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