OSHA has announced the Federal Register publication of the proposed rule for respirable crystalline silica. The public is invited and encouraged to participate in the process of developing a final rule through written comments and participation in public hearings, with December 11, 2013, as the deadline to submit written comments on the proposed rule.
Hearings on the proposed silica rule are scheduled to begin on March 4, 2014, at the Department of Labor’s Frances Perkins Building in Washington, DC. Members of the public who wish to participate in public hearings must submit a notice of intention to appear by November 12, 2013.
GHS OSHA Hazard Communication 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, is in a format that is easy to understand.
Pricing and options:
Options:
1. 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
2. If you have not updated your hazard communication plan, let Environmental Resource Center update it for you: $799
3. 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.
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.
Connecticut Launches Young Worker Website
A new website geared to provide young workers with a better understanding of their rights and responsibilities in the workplace—and also serve as a valuable resource to employers, educators, and parents—was launched in Connecticut recently.
Developed by members of the Connecticut Young Worker Health & Safety Team, the new website brings together specific resources pertaining to the laws and regulations, training programs, educational materials, statistical data, and local news and events associated with hiring a young worker. Topics include guidelines regarding high-risk jobs, prohibited occupations for minors under 18, time and hour restrictions for workers who are 16 and 17, and permitted jobs for workers between the ages of 14 and 15.
“Thanks to the work of this group, the extensive resources of state and federal agencies, community groups, and regional organizations are now housed under one electronic site to help minimize the confusion that often arises when a young person wants to enter the world of work,” said Gary K. Pechie, Director of the Connecticut Department of Labor’s Division of Wage and Workplace Standards and a member of the Connecticut team.
Department of Public Health employee Deborah Pease, who serves as chairperson of the group and played a major role in creating the site, noted that it brings together in one accessible place the extensive informational resources of the Connecticut Department of Labor and its CONN-OSHA division, the Connecticut departments of Public Health and Education, the US Labor Department, Connecticut Construction Occupational Safety and Health (COSH), Capitol Region Education Council, CT Women’s Education and Legal Fund, and Central Connecticut State University.
“We are hopeful that this one-stop resource will be beneficial to anyone looking for information pertaining to young workers employed in Connecticut,” Pease noted. “Young workers between the ages of 15 and 24 have approximately twice the rate of non-fatal injuries as older workers and if we can prevent one young worker injury as a result of this website, then we feel as if our mission has been accomplished.”
According to Pechie, the Connecticut Young Worker Health & Safety Team is a nationally recognized group of professionals dedicated to promoting health and safety among young workers. Formed in 1998, proactive outreach and education has been a continuing effort of the group. “While we are unveiling it today, this new website will continue to be a work-in-progress and part of our ongoing commitment to keeping young workers healthy and safe.”
San Antonio RCRA and DOT Training
Spartanburg RCRA and DOT Training
Chicago RCRA, DOT, and GHS Hazard Communication Training
Cal/OSHA Fines Henkel Corporation Over $200,000 Following Death of Temporary Worker
Cal/OSHA cited Henkel Corporation $200,825 for multiple serious and willful violations following the April death of a 26-year-old temporary worker who became entangled with the exposed rotating shaft of a mixer while mixing industrial adhesive. Cal/OSHA sanctioned the company for failing to identify and safeguard against the hazards of working near the mixer.
“This tragedy was completely preventable, and underscores what can go wrong when employers do not take the necessary measures to correct workplace safety hazards,” said Christine Baker, director of the Department of Industrial Relations (DIR). Cal/OSHA is a division within DIR.
Cal/OSHA’s investigation resulted in citations for six serious violations, two of which are considered willful serious, as well as one general violation. Henkel Corporation, a German multinational company, has a manufacturing plant in Bay Point, California, where the accident occurred.
The willful violations were issued for Henkel’s failure to properly set up and maintain operation guards for the mixer involved; and for failure to follow its own Injury and Illness Prevention Program (IIPP) provisions regarding the identification and correction of serious hazards posed by the mixer. The investigation also revealed the company continued to operate the mixer—despite knowing the partial guard on the mixer exposed workers to dangerous moving parts.
The temporary worker, who was hired by staffing agency HR Comp, was pulled into the unguarded mixer shaft and was unable to free himself from the shaft. He subsequently died from his injuries. One of the serious violations issued against Henkel was for the company’s failure to ensure that sleeves on employee coveralls fit tightly so clothing would not get caught in machinery.
“While hazards exist in most workplaces, employers have a legal responsibility to make their employees aware of those hazards and to institute a process to minimize them. When they fail to do so, tragic consequences like this death can occur,” said Acting Cal/OSHA Chief Juliann Sum.
Cal/OSHA also cited two professional employer organizations (PEOs): HR Comp, LLC, based in Tennessee; and Action Personnel Agency, Inc., dba Staffing Solutions Group, based in Pleasant Hill, California. HR Comp is an online PEO providing temporary workers for Henkel. Staffing Solutions Group is the area PEO, designated to conduct OSHA-related activities for HR Comp. The PEOs were cited $1,500 each for failure to implement an effective written IIPP.
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. 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. A general violation is one in which an accident or illness may result but is not likely to cause death or serious harm.
Delta Oil Mill Cited for 25 Safety and Health Violations Following Worker Injury
OSHA has cited Delta Oil Mill for 25 safety and health violations which carry proposed penalties of $83,415, following an inspection at the company’s facility in Greenwood, Mississippi. OSHA initiated its inspection in May after receiving a complaint alleging an employee sustained a back injury as a result of falling through a floor opening and landing on a powered industrial truck.
Twenty-two serious safety and health violations include failing to guard wall openings, opened-sided platforms, and floor holes without a cover or standard railings; keep floors clean and dry of water and cotton lint; provide specific procedures for controlling hazardous energy; document certification of periodic inspections of the energy control procedures; train employees on the company’s lockout/tagout program; provide training on electrical safety work practices; implement written electrical safety work practice procedures; post signage and safety symbols to warn employees of electrical hazards; provide employees confined space training before entering a railcar; inform workers of the hazards they face before entering a railcar, and poor housekeeping. Other violations involve allowing employees to use a forklift inappropriately to elevate workers, entering a railcar without a retrieval line attached to the body harness, blocking access to electrical boxes, and several instances of unguarded equipment.
Three other-than-serious violations were also cited for not having the OSHA 300-A form certified by a company executive, failing to ensure workers were wearing hearing protection, and the steps on stairway were bent causing a hazard. 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.
“Our inspection found serious hazards that reflect management’s neglect of maintenance and safety procedures,” said Clyde Payne, OSHA’s area director in Jackson, Mississippi. “It is imperative that the employer immediately eliminate these hazards from the workplace to avoid another employee being seriously injured.”
Delta Oil Mill is a manufacturer of cottonseed oil, cottonseed meal, cottonseed hulls, linters, cottonseed meal fertilizer, and whole cottonseed.
Pennsylvania Masonry Company Exposes Workers to Repeat Fall Hazards
OSHA has cited McGee Plastering & Stucco, Inc., in Upper Darby, Pennsylvania, for 10 alleged safety violations during stucco operations at a new residential construction site in Philadelphia. The company faces $85,800 in proposed penalties after inspectors responded to a complaint alleging imminent danger at the site.
Five of the citations were repeat violations for lack of fall protection; inadequate planking on working levels; lack of proper access to the working levels; no restraints/bracing; and lack of training for those working on and around scaffolding. Similar violations were cited in 2010 and 2011. 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.
Prior to this inspection, the company was placed in OSHA’s Severe Violator Enforcement Program (SVEP). The agency’s SVEP focuses on recalcitrant employers that endanger workers by committing willful, repeat, or failure-to-abate violations. Under the SVEP program, OSHA may inspect any of the employer’s facilities if it has reasonable grounds to believe there are similar violations.
“McGee Plastering & Stucco continues to take unnecessary chances by not ensuring proper safeguards to protect workers from fall hazards,” said Domenick Salvatore, director of OSHA’s Philadelphia Area Office. “Falls continue to be the leading cause of worker deaths in the construction industry. They should not be treated lightly by employers.”
The five serious violations include a lack of head protection, poor housekeeping, deficient training on the hazards associated with Portland cement and lime, and having no hazard communication program.
Hinkle Manufacturing Fined $61,600 after Worker Injured
Hinkle Manufacturing, Inc., has been cited by OSHA for a willful safety violation for failing to have machine guarding on multiple band saws at its Perrysburg, Ohio, production facility, which led to a worker suffering a laceration injury in May. The proposed penalties total $61,600.
“Exposing workers to lacerations and possible amputation injuries by neglecting to ensure machine guarding is in place is unacceptable,” said OSHA Area Director Kim Nelson in Toledo. “Companies must be aware of the hazards that exist in their facilities and take all possible precautions to minimize the risk of injury.”
OSHA initiated its inspection in May after receiving a complaint alleging the injury. Hinkle Manufacturing was cited for the same violation after a worker suffered a fingertip amputation by an unguarded band saw in March 2011.
The company employs 95 workers and produces custom-designed packaging for items such as automotive glass, bumpers, and batteries.
Medical Training Facility Fined $62,000 for Failure-to-Abate and Serious Safety Violation
OSHA has cited Atlanta Health Careers Institute, LLC, for one serious and one failure-to-abate health violation following a May inspection at the company’s facility in McDonough, Georgia. The agency initiated the inspection as a follow-up to an August 2012 inspection and has proposed penalties of $62,000.
The employer was cited for the same violation in 2012 and failed to correct the deficiency. A failure-to-abate citation is issued when an employer fails to fix or address previously cited hazardous conditions, practices, or noncompliant equipment.
The serious safety violation, with $2,000 in penalties, involves the employer’s failure to make the Hepatitis B vaccine available to workers exposed to potential bloodborne pathogen hazards.
“This employer had plenty of time and assistance to provide employees the necessary training on bloodborne pathogens, yet it chose not to correct its violation and continued to expose its workers to hazards,” said Bill Fulcher, director of OSHA’s Atlanta-East Area Office. “It’s imperative that management immediately address and eliminate this violation.”
New Jersey Company Fined after Worker Falls 45 Feet
OSHA has cited Keyport, New Jersey-based Shamrock Construction Group, Inc., for an alleged repeat violation found while workers were engaged in the construction of a new commercial facility in Jersey City. OSHA’s June investigation began in response to a referral from the Jersey City Police Department after a construction worker fell approximately 45 feet while performing steel erection.
The repeat violation involves the company’s failure to protect a worker from fall hazards while engaged in decking and carries a proposed penalty of $53,900. Similar violations were cited in 2007 and 2012.
“Falls remain the leading cause of death in the construction industry. It’s imperative that employers ensure that workers are provided with proper fall protection equipment and are trained to wear it at all times a fall hazard is present,” said Kris Hoffman, director of OSHA’s Parsippany Area Office. “Employers, such as Shamrock Construction Group, will continue to be held legally responsible by OSHA for repeatedly exposing workers to fall hazards. Jeopardizing workers’ lives will not be tolerated.”
The page offers fact sheets, posters, and videos that vividly illustrate various fall hazards and appropriate preventive measures.
Residential Decking Subcontractor Repeatedly Exposes Workers to Fall Hazards
Proposed penalties total $45,100. OSHA’s Fort Worth Area Office opened an inspection in April under the agency’s regional emphasis program on fall prevention in construction.
“Fall hazards continue to be problematic and are the leading cause of death in the construction industry. In this case, workers were exposed to unpredictable fall hazards caused by uneven sheathing, sudden gusts of wind, loose materials and surfaces that become slick when wet,” said Jack Rector, area director of OSHA’s Fort Worth Area Office. “This is not the first time this employer has exposed workers to potential workplace hazards. Employers are responsible for ensuring workers are trained to recognize and avoid these hazards. Fall protection measures reduce risks and saves lives.”
The repeat serious violations involve failing to ensure workers use fall protection when engaged in residential construction; provide hard hats to workers exposed to possible head injuries; provide safety glasses for operating pneumatic nail guns or circular saws; and use ladders that should extend above the landing surface by at least three feet.
OSHA regulations dictate that when working from heights—such as on ladders, scaffolds, and roofs—employers must plan projects to ensure that the job is done safely and the workers are protected. Employers must provide fall protection and the right equipment for the job, including the correct ladders, scaffolds, and safety gear. Workers also need training to understand the proper setup and safe use of specific equipment they will use to complete the job.
Downey Metal Products Faces Fines for Safety and Health Violations
OSHA has cited Downey Metal Products, Inc., with 17 serious and three other-than-serious safety and health violations following a complaint received in April concerning workplace hazards at the company’s facility in Adairsville, Georgia. Proposed penalties total $55,300.
Fourteen serious safety and health violations include the employer’s failure to develop and implement a lockout/tagout program; guard the point of operation on press brakes and drill presses; store oxygen cylinders in a secure manner; ensure knockouts were in place on an electrical panel; and ensure that a junction box had a cover. The employer also failed to ensure that all exits remained unlocked; ensure that a decrease in air velocity in the spray booth could be detected by audible alarm or gauge; maintain an automatic sprinkler system in the spray booths; use approved electrical equipment in the powder coating area; evaluate the facility for permit-required confined spaces; provide an eyewash/shower in an area where workers use corrosive materials; provide fire extinguisher training to workers required to use portable fire extinguishers; and ensure that powder coating material did not accumulate on the outside roof of the building.
Three other-than-serious safety violations, with no monetary penalties, involve the employer not developing a hazard communication program; providing training to workers using hazardous chemicals; and developing a written respiratory protection program that includes training, medical evaluation, and proper fit test.
“This employer has an extensive list of hazards that must be immediately removed from the workplace to protect its workers,” said Christi Griffin, director of OSHA’s Atlanta-West Area Office. “It is imperative that management not rely on an OSHA inspection to identify and remove hazards.”
Rhode Island Construction Company Fined after Employees Found Working in Unstable Trench
OSHA has cited D’Ambra Construction Company, Inc., for a willful violation of workplace safety standards involving workers at a Newport, Rhode Island, site who were found installing pipes in an unstable trench six to seven feet deep. The company faces a $56,000 proposed fine following a May 21 inspection.
OSHA inspectors were initially traveling to another scheduled inspection when they drove by the trench work site located at Broadway and Malbone Road. They found no trench box in use and noticed that the traffic along the road caused loose debris to fall from the trench’s wall.
“The walls of a trench or an excavation can collapse suddenly and without warning, burying workers in soil and debris before they have a chance to react or escape,” said Patrick Griffin, OSHA’s Rhode Island area director. “The fact that no collapse occurred does not minimize the gravity of this hazard, nor does it relieve the company of its responsibility to ensure trenches and excavations are safe for workers to enter.”
Reliable Contracting and Equipment Co. Fails to Protect Workers in Trenches
Reliable Contracting and Equipment Co., has been cited by OSHA for three safety violations, including one repeat violation, for failing to protect workers from cave-ins during trenching operations. OSHA initiated its inspection of the Chicago job site on May 16 under the national emphasis program on trenching and excavations after an agency inspector observed workers in an unprotected trench. Proposed penalties total $48,510.
“Cave-ins are the leading cause of injury and death in excavation,” said Gary Anderson, OSHA’s area director in Calumet City, Illinois. “Repeat violations involving well-known industry hazards demonstrate an employer’s disregard for worker safety.”
One repeat violation was cited for failing to provide cave-in protection to workers in a trench more than five feet deep. The same violation was cited in July 2012 at a job site in Chicago.
Two serious violations were cited for failing to provide a means of safe access and egress during trenching and excavation work and to conduct daily inspections of the excavation site to identify and correct hazards.
Reliable Contracting and Equipment Co., has been inspected by OSHA 10 times in the last five years with seven of those inspections resulted in citations for violations of excavation standards.
New Jersey Roofing Company Cited for Fall, Other Safety Hazards
OSHA has cited roofing company Six Star Builders, LLC, for 12 serious safety violations found at a Hamilton, New Jersey, work site. OSHA issued $33,600 in proposed penalties following an April inspection begun in response to a referral from the police department regarding a worker who had fallen from the roof to the third floor during a roof collapse.
“Falls continue to be the leading cause of worker deaths in the construction industry,” said Paula Dixon-Roderick, director of OSHA’s Marlton Area Office. “When employers do not take the proper precautions against fall hazards, they show a disregard for worker safety and leave employees vulnerable to unnecessary risks, such as in this incident.”
The violations include the company’s failure to develop an accident prevention program; initiate and maintain a program of frequent, regularly scheduled inspections by a competent person; provide training on the recognition and avoidance of hazards to workers engaged in roofing activities; provide eye protection for workers exposed to chemical hazards from roofing adhesive; and provide a fire extinguisher when using a flammable adhesive. Other violations include failing to inspect the structural integrity of the roof; provide fall protection and training; provide ladders that extend at least three feet to access the roof; and provide adequate ladders and ladder training.
OSHA’s fall prevention campaign provides employers and workers with lifesaving information and educational materials about working safely from ladders, scaffolds, and roofs.
Groups Work Together to Protect Workers at the Indiana State Fair
As a result of the settlement, IOSHA sets aside the Safety Order, including penalties and specified abatements.
IATSE Local 30 agrees to conduct specific fall protection and hazard identification training for all existing members as well as integrating that training into their apprenticeship program. Safety training for existing members will be completed by March 15, 2014, and the training will be integrated into the training for apprentices by January 15, 2014. Indiana Department of Labor’s INsafe training and consultation division and the US Bureau of Apprenticeship and Training will assist in the development of the training.
“This agreement creates a safer and more protected workplace for Indiana workers in the theater and stage business,” noted Labor Commissioner Sean Keefer. “This agreement creates a positive outcome for everyone involved.”
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