The Interagency Working Group, composed of thirteen agencies and departments and the Governor’s office, was formed following the fire at Chevron’s Richmond oil refinery last August. The fire created a vaporized plume that spread to surrounding communities.
The Working Group met over eight months to examine ways to improve public and worker safety through enhanced oversight of refineries, and to strengthen emergency preparedness in anticipation of any future incident. Regular internal meetings were informed by meetings with a wide variety of stakeholders including those from industry, labor, community and environmental groups, academic institutions, and local emergency response units.
The report includes a frank assessment of the current state of refinery safety with input from stakeholders, a study by the RAND Corporation, and findings by the Division of Occupational Safety and Health (Cal OSHA), the US Chemical Safety Board, and Chevron’s own internal investigation.
Recommendations of the working group include:
- Create an Interagency RefineryTask Force by September 1, 2013, housed within the California Environmental Protection Agency, to coordinate agencies’ activities and carry out the recommended actions
- As directed by the Governor’s Office of Emergency Services (Cal OES), local emergency response agencies should take a number of measures to strengthen and better coordinate emergency response efforts including the creation of refinery-specific provisions within local Hazardous Materials Emergency Response Area Plans for refinery incidents, with aligned radio communications among response officials, and required joint drills and exercises, to improve local emergency response
- Strengthen existing regulations, and develop new regulations and practices to address the underlying causes of safety problems including, but not limited to, these measures: inherently safer systems, periodic assessments of safety culture, complete root-cause analysis after significant accidents or releases; and, accounting for human factors to manage and reduce error and improve emergency response.
- Ensure public input in developing plans for responding to emergencies involving the release of toxic chemicals
- Improve alerts and public access to information during emergency events, and enhance the presentation and availability of air monitoring information for the general public
The report also recommends enhanced enforcement and increased worker involvement in improving the methods and culture of safety at refineries.
“Getting the Interagency RefineryTask Force up and running will be our top priority,” said Cal/EPA Secretary Matt Rodriquez. “We want to put the recommendations of the report into effect as soon as possible to protect worker and public safety at the state’s refineries.”
“The Interagency RefineryTask Force will strengthen the ability of Cal/OSHA and other state and local agencies to protect workers and communities from refinery related accidents,” said Labor & Workforce Development Agency Secretary Marty Morgenstern.
“Working together we have formulated innovative strategies to improve our oversight of refinery safety,” said Department of Industrial Relations Director Christine Baker. “Our recommendations are grounded in the experiences and insights of workers, labor representatives, community members, and the refinery industry.”
The Governor’s office has already directed relevant agencies to begin the process of regulatory change for actions identified in this report.
Action on several recommendations is already underway, including preparations to finalize the fee structure to be charged to support an additional 15 Cal/OSHA inspector positions, as well as additional ancillary personnel, funded in the current state budget to review refinery operations and other chemical plants under the process safety management program.
Additionally, the California Air Resources Board, in collaboration with the California Air Pollution Control Officers Association, will release a report developed in parallel with the Interagency Working Group report focused on toxic air contaminant monitoring to improve knowledge and information sharing for air data in the event of an incident.
Future coordination and implementation of the recommendations will ultimately be led by the Interagency RefineryTask Force in Cal/EPA.
GHS Worker Training PowerPoint Now Available
With OSHA’s adoption of the Globally Harmonized System (GHS) for the classification and labeling of hazardous chemicals, virtually every chemical label, MSDS—now called Safety Data Sheet (SDS), and written hazard communication plan must be revised to meet the new standard.
By December 1, 2013, all employees at your site that work with, or are exposed to, hazardous chemicals must be trained to understand the new classification system, labels, warning statements, precautions, pictograms, and safety data sheets for chemicals at your worksite.
Environmental Resource Center is making available a PDF presentation or a customizable PowerPoint that you can use for on-site worker training. The training program, which covers all of OSHA’s required GHS Hazard Communication training requirements in a format that is easy to understand.
Pricing and options:
Options:
- Customized PowerPoint: send us your written GHS hazard communication plan and 10–20 safety data sheets. We’ll create a custom training program for your site: $899
- If you have not updated your hazard communication plan, let Environmental Resource Center update it for you: $799
- Customized PowerPoint and hazard communication plan: $1600.
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 SDSs.
Metal Fabricator Fined $82,600 for Exposing Workers to Crushing Hazards
OSHA has cited G2K Corp., doing business as GBC, Inc., in Lakewood with 13 safety violations. The violations follow a March incident in which a worker was seriously injured when an overhead crane dropped a load, pinning him to the ground and resulting in amputation at the knee. The citations include one willful and one repeat violation. They carry $82,600 in proposed penalties.
The willful violation was for failing to use an approved lifting device to attach the load to the hook of the overhead crane. An unapproved C-clamp slid off a 2,600-pound press brake ram as it was lifted, causing the ram to fall to the ground and pin the worker. A willful violation is one committed with intentional knowledge of or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health.
The repeat violation was for failing to guard a lathe and two milling machines. 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. A similar violation was cited in 2009 at the Lakewood work site.
Some of the eight serious violations involve forklift-powered industrial trucks which include failing to provide seat belts; conduct daily inspections and train workers. The remaining serious violations include failure to inspect lifting slings and remove damaged slings from service; failing to secure grinders and drill presses to the floor; properly adjust work rests and peripheral guards on bench grinders; reduce compressed air used for cleaning purposes to less than 30 psi; and correct hazard communication program deficiencies. These deficiencies include failing to identify all hazardous chemicals in the workplace, failing to ensure chemical containers were properly labeled and failing to provide material safety data sheets for all chemicals. 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.
Three other-than-serious violations involve failing to label exit doors, failing to mark voltage ratings on electrical panels and make them accessible and failing to label circuit breakers. 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.
"The employers' lack of preparedness is unconscionable, and OSHA will not tolerate exposing workers to such negligence," said David Nelson, OSHA's Englewood area director.
GBC Inc. is a custom metal fabricator and machining facility that employs approximately 50 workers.
Cleveland RCRA and DOT Training
Greensboro RCRA and DOT Training
Dallas RCRA and DOT Training
Site Maintenance Inc. Facing $73,920 in Penalties for Failing to Provide Fall Protection
Elgin-based Site Maintenance, Inc., has been cited by OSHA with willful, repeat, and serious safety violations that carry proposed penalties of $73,920. The company failed to provide employees who worked on roofs with fall protection at two job sites in Schaumburg based on inspections conducted on April 22 and 30.
"Falls remain the leading cause of death in the construction industry. Not providing fall protection to workers assigned to work on steep-pitch roofs is inexcusable," said Diane Turek, OSHAs area director for OSHAs Chicago North Office in Des Plaines. "The roofing industry is well aware of the safety requirements necessary to protect their workers. The company’s repeat violations show a profound lack of commitment to worker safety and health."
One willful violation was cited for failing to provide and ensure the use of fall protection during roofing work on pitched roof surfaces.
Additionally, three repeat violations were cited, including failing to provide fall protection for workers on a roof at a second job site, and two incidents of failing to ensure the use of head protection. OSHA issues repeat violations if an employer previously was 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. The same violations were cited in 2008 at two job sites in Elgin and Schaumburg.
Four serious violations involve using an indoor power strip not rated for outdoor conditions and use; failing to provide a ground fault circuit interrupter on a generator; failing to provide approved containers for flammable liquids; workers climbing ladders while carrying objects that can cause a loss of balance; and using an extension ladder on uneven surfaces.
Ardagh Glass Fined Following Amputation of Worker's Finger
Ardagh Glass, Inc., has been cited by OSHA for one willful and one serious safety violation after a worker suffered a finger amputation and crushed hand while removing a glass mold from a bottle-shaping machine at the company's facility in Warner Robins. OSHA initiated an inspection in response to the incident under its National Emphasis Program on Amputations.
The willful violation involves failing to develop and utilize lockout/tagout procedures when workers are performing service and setup operations on equipment.
The serious violation involves failing to ensure workers that operate equipment were protected to prevent contact at the point of operation with moving parts and molten glass.
"The employer was fully aware that workers reached into the moving machine while they serviced the glass molds, yet nothing was done to protect workers from serious injury," said Bill Fulcher, director of OSHA's Atlanta-East Area Office. "It is the employer's responsibility to ensure that proper safety procedures are understood and followed at all times."
Proposed penalties on Ardagh Glass, Inc., which specializes in glass and metal packaging for food and beverages and is a subsidiary of Ardagh Group in Tampa, Florida, total $77,000.
Supermarket Equipment Sales Fined $62,300 for 17 Safety and Health Violations
OSHA has cited Supermarket Equipment Sales for 17 safety and health violations following a February complaint about the company's facility in Rutledge. Proposed penalties total $62,300.
Fifteen serious safety and health violations include failing to ensure the lighting installed in the spray booths was explosion-proof, provide machine guarding, ensure respirators were maintained in sanitary condition and maintain a written hazard communication program. Additional violations included failing to develop specific lockout/tagout procedures for equipment; provide workers with training on energy control procedures; inspect powered industrial trucks with deficiencies before putting them into service; store carbon dioxide cylinders where they could not be knocked over; ensure two-ton hooks were not overloaded beyond their rated capacity; and ensure covers were installed on electrical panels. Additionally, the company exposed employees to fire, explosion and fall hazards and allowed the amount of flammable/combustible paint stored in the spray booth to exceed a one-day supply.
Two other-than-serious violations with no monetary penalties were also cited for allowing employees to operate a powered industrial truck that had not been evaluated since 2004, and for not ensuring fire extinguishers were charged and ready for use.
"A wide range of safety and health hazards were identified that need to be eliminated from the workplace," said Bill Fulcher, director of OSHA's Atlanta-East Area Office. "Employers cannot wait for an OSHA inspection to identify hazards that are exposing their employees to serious injuries. Implementing preventive programs and systems that ensure such hazards are identified and corrected as part of day-to-day operations is critical."
Supermarket Equipment Sales specializes in remanufacturing supermarket and restaurant equipment.
Concrete Manufacturer, Tileco Inc., Cited for Safety and Health Violations
OSHA has cited concrete products manufacturer Tileco, Inc., in Kapolei with 23 violations of workplace safety and health standards carrying proposed fines of $50,400. OSHA's Honolulu Area Office conducted an inspection in May under the agency's National Emphasis Program for amputations.
Twenty-two serious violations include failing to evaluate workplace hazards adequately; protect workers from amputation hazards associated with unguarded machinery and gears; protect workers from the unexpected startup of equipment during maintenance and setup; protect workers from confined space hazards; provide training on the use of powered industrial trucks; have in place a written respiratory program; ensure the proper fit and use of respirators; and have medical evaluations for workers using respiratory protection. There were also fall hazards associated with unprotected platforms.
"Every worker has the right to a workplace free of hazards, and all employers have the responsibility to ensure hazards are identified and corrected," said Galen Lemke, director of OSHA's Honolulu Area Office. "An employer shouldn't wait for an OSHA inspection to address workplace safety and health issues to prevent injury and illnesses."
OSHA cited Tileco, Inc., for one other-than-serious violation for conducting a modification to a powered industrial truck without approval from the manufacturer.
OSHA Signs Alliance with the Shipyard Workers Union to Inform, Protect San Diego Shipbuilding and Industry Workers
OSHA recently forged an alliance with the Shipyard Workers Union to promote workplace safety and health, provide guidance and training programs for shipyard workers and raise awareness of hazardous operations onboard ships during building and repair periods.
Through the alliance, OSHA and the Shipyard Workers Union will work jointly to develop effective training and education programs for shipyard workers and OSHA personnel. The alliance will focus on emergency response, confined spaces onboard ships, respirator use, and toxic metals.
"This alliance affirms our commitment to ensure that shipyard workers have a safe and healthy workplace," said Jay Vicory, director of OSHA's San Diego Area Office. "We have a tremendous opportunity here to prevent accidents and injuries and reduce hazards associated with work at shipyards."
The alliance was signed at the offices of the Shipyard Workers Union in San Diego by Vicory and Robert Godinez, the union's president.
The purpose of each alliance is to develop compliance assistance tools and resources and educate workers and employers about their rights and responsibilities.
More information about this alliance can be obtained from OSHA's area office for Southern California in San Diego at 619-557-5030.
US Department of Labor Launches Smartphone App Contest
As part of the 75th anniversary of the Fair Labor Standards Act, the US Department of Labor's Wage and Hour Division is challenging innovative minds to develop a smartphone application that will transform the way the public is able to use departmental enforcement data.† By providing consumers with information at their fingertips about which businesses have treated their workers fairly and lawfully, the creator of this application will help empower consumers to make informed choices about where to bring their business.
"The app we would like to see developed would work with existing social media and would allow consumers to see if an establishment that they want to frequent has been in compliance with federal labor laws," said Laura Fortman, principal deputy administrator of the Wage and Hour Division. "The app could also prove a useful tool for job seekers and for companies that are deciding which firms they may want to do business with.† It could also help individuals get in touch with the Labor Department if they have any questions. As we mark 75 years of the job protections afforded by the FLSA, we are looking forward to using new technologies to encourage compliance with the law in the 21st century."
Submissions will be accepted through October 11. †Judges will announce a winner on or about November 2. The winner will receive a complimentary trip to Washington, D.C., for the award ceremony, where the developer will meet with high-ranking government officials and private-sector entrepreneurs.
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