On June 20, a construction worker taking down an old Blockbuster Video building in New Jersey was trapped and killed when the last standing wall of a building under demolition collapsed on top of him. Six months earlier, a 25-year-old construction worker in Chicago was struck and killed by pieces of falling concrete while conducting renovations on a shopping mall. These tragedies follow the June 5, 2013, collapse of a four-story building undergoing demolition in Philadelphia that killed six people and injured 14. These deaths could have been prevented. To help prevent these tragedies and save lives, OSHA has developed new educational resources and training for the construction demolition industry.
"Demolition workers face many hazards and their lives should not be sacrificed because of deliberate neglect of demolition fundamentals," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "Employers must ensure that all workers involved in a demolition project are fully aware of hazards and safety precautions before work begins and as it progresses."
OSHA recently launched an updated demolition website to address the hazards common in demolition operations and the safety measures that can be taken to prevent them. The updated Demolition page provides information on applicable OSHA standards, hazard assessments, measures that can be taken to prevent injuries and illnesses before site work begins, and a link for stakeholders to share stories about demolition safety.
This includes determining whether an unplanned collapse of the building or any adjacent structure would injure those working in the vicinity.
To ramp up efforts to protect demolition workers, OSHA recently provided demolition training courses on construction safety to federal, state, and local government personnel with construction safety responsibilities in the Philadelphia area.
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.
Cleveland RCRA and DOT Training
Greensboro RCRA and DOT Training
Dallas RCRA and DOT Training
Unauthorized Certification of Compressed Gas Cylinders
Investigators from the Department of Transportation Pipeline and Hazardous Material Safety Administration’s (PHMSA) Office of Hazardous Materials Safety recently conducted a compliance inspection of Always Safe Fire Extinguisher and Safety, LLC (ASFES), 41 Lockwood Avenue, Yonkers, NY 10701. As a result of that inspection, PHMSA determined that ASFES marked an unknown number of high pressure compressed gas cylinders with unauthorized markings. In addition, ASFES did not have the requisite testing equipment and could not provide evidence to demonstrate that high pressure compressed gas cylinders were properly requalified in accordance with the Hazardous Materials Regulations.
According to PHMSA, ASFES was never approved by PHMSA to either requalify or mark DOT-specification or special permit cylinders as being requalified. The evidence suggests that ASFES stamped the month (2 digits) and year (2 digits) separated by a star, on DOT high pressure gas cylinders. Only high pressure cylinders serviced by ASFES bearing these markings are affected.
If the requalification is not performed in accordance with the HMR, or in accordance with the applicable special permit, a cylinder with compromised structural integrity may not be detected and may be returned to service when it should be condemned. Extensive property damage, serious personal injury, or death could result from rupture of a cylinder.
If DOT-Specification or DOT-Special permit cylinders have been serviced from ASFES from calendar years 2008 to present day, and have the marking described above (i.e., 2-digit month—star—2-digit year), these cylinders may not have been properly tested as prescribed by the HMR or by the applicable special permit. These cylinders should be considered unsafe and not authorized for the filling of hazardous material unless the cylinder is first properly tested by an individual or company authorized to requalify DOT specification and special permit cylinders.
Cylinders described in this safety advisory that are filled with an atmospheric gas should be vented or otherwise safely discharged. Cylinders that are filled with a material other than an atmospheric gas should not be vented but instead should be safely discharged. If a cylinder contains a hazardous material other than an atmospheric gas and the testing facility does not have the capability of safely removing the hazardous material, the requalifier must return the cylinder to the origin for proper discharge of the gas. For toxic gases in Hazard Zone A or B, the cylinder must be cleaned in accordance with the procedure described in CGA pamphlet C-10. Prior to refilling or continued use, the cylinders must be taken to a DOT-authorized cylinder requalifier to ensure their suitability for continued service.
McKees Rocks Industrial Enterprises Agrees to Pay Whistleblower $100,000
The US Department of Labor has entered into an agreement with McKees Rocks Industrial Enterprises, Inc., and James T. Lind, the company's president, resolving a lawsuit alleging the illegal termination of a general laborer. The worker raised safety concerns at the company's McKees Rocks work site, which serves as both an industrial park and a terminal facility, resulting in an inspection by the department's Occupational Safety and Health Administration. Following OSHA's inspection, the employee was initially reassigned duties and later terminated from his position.
"Every worker has the right to call attention to workplace safety and health issues without the fear of retaliation," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "This settlement is a testament to OSHA's unwavering commitment to intervene legally when workers are the victims of a wrongful termination."
The employee filed a complaint after termination alleging that the defendants had violated Section 11(c) of the OSH Act. OSHA conducted an investigation and found the company had violated the act by firing the employee in retaliation for his safety complaint. In September 2013, the department filed suit in federal district court seeking reinstatement and monetary damages on behalf of the employee.
A judgment filed with the US District Court for the Western District of Pennsylvania provides for the payment of $100,000 to the employee. The ruling also permanently prohibits the defendants from violating the whistleblower provisions of the Occupational Safety and Health Act. The judgment requires the defendants to display information prominently on whistleblower protections at the facility; remove all disciplinary action in the employee's official employment record; and provide prospective employers with a neutral reference for the worker.
OSHA enforces the whistleblower provisions of the OSH Act, as well as 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, public transportation agency, railroad, maritime and securities laws.
Under the various whistleblower provisions enacted by Congress, employers are prohibited from retaliating against employees who raise various protected concerns or provide protected information to an employer, the government, union, or the media.
R.E. Arnold Construction and Suntree Technologies Cited Following Worker Injury
An employee of R.E. Arnold Construction Inc. was trapped when the wall of an excavation he was working in collapsed around him. The incident occurred as the employee removed dirt from a storm filtration system at the company's work site, and the local fire and rescue team had to remove the employee, who left the scene in critical condition. The subcontractor, Suntree Technologies, Inc., was cited for four serious safety violations. The city of Gainesville contracted R.E. Arnold to build a retaining pond and pump station for the Depot Park.
"These employers deliberately chose not to follow established OSHA standards for protecting workers in excavations and repeatedly ignored warnings-including one on the day of the incident-that the trench was unsafe," said Brian Sturtecky, OSHA's area director in Jacksonville. "This shortcut led to a worker seriously injured and nearly killed."
R.E. Arnold was issued a willful citation for failing to provide employees working in a 15-foot-deep excavation with required protection from wall collapse hazards. A Gainesville city safety inspector informed management numerous times that the excavation was unsafe, yet safety issues were not corrected. On the day of the incident, an inspector refused to enter the trench, claiming that it was too dangerous. 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.
OSHA standards require that all trenches and excavation sites 5 feet or deeper be protected against sidewall collapses. Protection may be provided through shoring of trench walls, sloping of the soil at a shallow angle or by using a protective trench box.
The serious citations were issued to R.E. Arnold for exposing workers to dangerous safety and fall hazards by failing to provide them with hard hats and fall protection equipment. 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.
Suntree Technologies was cited for four serious safety violations for failure to provide fall protection for employees working at heights above 6 feet. Additionally, management did not ensure workers were wearing hard hats while inside the excavation, exposing them to hazards from falling debris.
OSHA has proposed penalties of $83,000 for R.E. Arnold and $18,200 for Suntree Technologies.
Workers Exposed to Grain Bin Entrapment at Sabina Farmers Exchange
Three employees of Sabina Farmers Exchange, Inc., in Wilmington were found working inside a grain storage bin while a mechanical sweep auger, a machine used to push grain remaining at the bottom of a storage bin toward the bin's opening, was operating. This exposed the workers to severe injury and death by being engulfed in flowing grain. OSHA has cited the company for three repeat and six serious safety violations at the company's grain bins in Wilmington and Sabina because of the complaint inspection. OSHA has proposed penalties of $50,051.
"A worker can be completely submerged in flowing grain within 60 seconds. More than half of all grain engulfments result in death by suffocation. Allowing workers to move grain while a sweep auger is running can cause the worker to become entangled in this dangerous equipment and submerged in the flowing grain," said Bill Wilkerson, OSHA's area director in Cincinnati. "Grain bin operators have a responsibility to protect their workers by taking the necessary steps to turn off all moving equipment before allowing workers to enter grain bins, if they must."
Suffocation can occur when a worker becomes buried by grain as they walk on moving grain or attempt to clear grain built up on the inside of a bin. Moving grain acts like quicksand and can bury a worker in seconds. Bridged grain and vertical piles of stored grain can collapse unexpectedly if a worker stands on or near it. The behavior and weight of the grain make it difficult for a worker to get out of it without assistance.
OSHA has published information related to common grain industry hazards and abatement methods, proper bin entry techniques, sweep auger use, and other grain-related topics.
OSHA initiated an inspection of the Wilmington Sabina Farmers Exchange facility after receiving a complaint that workers were entering the grain bin while the sweep auger was operating, resulting in one of the repeat violations. Another repeat violation was cited for exposing workers to fire hazards from improperly maintained electrical boxes.
Four serious violations were issued at the Wilmington facility for failing to have an observer positioned outside the bin to maintain communication with workers inside; to develop a written housekeeping program to prevent grain bin dust accumulation; and exposing workers to damaged electrical wiring.
OSHA also inspected the Sabina Farmers Exchange facility in Sabina, which resulted in citations for one repeat violation for lack of guardrails on grain storage bins and lack of access ladder platforms that prevent employees from falling more than 9 feet. Two serious violations were cited for failure to protect workers from a machine's moving parts and for using a damaged electrical cord.
OSHA issues repeat violations if an employer was previously cited for the same or a similar violation of any standard, regulation, rule, or order at any other facility in federal enforcement states within the last five years. Sabina Farmers Exchange was previously cited for these violations in 2011.
US Demco of Brooklyn Exposes Workers to Potentially Fatal Falls
Workers demolishing a three-unit, three-story residential building in Brooklyn's Prospect-Lefferts Gardens section were exposed to potentially fatal falls due to their employer's failure to provide and ensure the use of lifesaving fall protection. As a result, OSHA has proposed $45,200 in penalties against Brooklyn contractor US Demco of Brooklyn, Inc., for one willful and seven serious violations of workplace safety standards.
"Falls remain the leading cause of death in construction work. Yet, on at least two occasions, an OSHA inspector discovered US Demco employees working on the second- and third-floor levels without fall protection, even though US Demco had knowledge of this deadly and avoidable hazard," said Kay Gee, OSHA's area director for Brooklyn, Manhattan, and Queens.
OSHA's inspection identified other fall hazards at the 50-54 Clarkson Ave. location, including missing guardrails for planking used by the employees to access different sections of the second- and third-floor levels, and the failure of a competent person-one with the knowledge and authority to identify and correct fall hazards-to oversee the work. Employees faced dangers of lacerations and broken bones from being struck by falling construction materials and debris and electric burns and shock from handling ungrounded power tools.
OSHA cited US Demco for one willful violation for the lack of fall protection and seven serious violations for the remaining hazards.
The page offers fact sheets, posters and videos that vividly illustrate various fall hazards and appropriate preventive measures.
R.R. Dawson Bridge Co. Cited Following Worker Fatalities
Two workers were killed after falling approximately 90 feet while working on the construction of the I-85 interchange Outer Loop overpass. OSHA cited R.R. Dawson Bridge Co., LLC, with four safety violations following its January 2014 investigation of the fatalities.
"Falls continue to be the leading cause of fatalities in the construction industry, but these hazards can be easily identified and eliminated to save lives," said Joseph Roesler, OSHA's area director in Mobile. "OSHA will continue to enforce fall protection requirements aggressively to reduce deaths."
OSHA issued a willful violation for failing to provide employees working near the bridge's edge with required fall protection.
Three serious violations were issued for exposing workers to fall hazards and for failing to inspect employee fall arrest systems before use.
Proposed penalties total $54,500.
Mat-Su Health Services Recognized for Workplace Safety
Alaska Labor and Workforce Development Commissioner Dianne Blumer approved Mat- Su Health Services, Inc., for the Alaska Occupational Safety and Health Achievement Recognition Program as a result of outstanding employee safety and health programs.
“Mat-Su Health is gratified to be recognized for our long-standing commitment toward creating and maintaining a safe environment for our staff,” Chief Executive Officer Kevin Munson said.
Participating employers are excused from programmed AKOSH enforcement inspections during the recognition period. However, employee complaints, accident investigations, or other significant incidents will result in enforcement action.
Companies that partner with AKOSH and achieve SHARP status are likely to experience fewer workplace accidents and reduced workers’ compensation insurance costs.
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