Secretary of Labor Hilda L. Solis recently announced the inaugural appointees and the first meeting of the Whistleblower Protection Advisory Committee. The purpose of the WPAC is to advise, consult with, and make recommendations to the secretary of labor and the assistant secretary of labor for occupational safety and health on ways to improve the fairness, efficiency, effectiveness, and transparency of the OSHA’s whistleblower protection programs.
"Protecting workers who identify wrongdoing is an essential cornerstone of the US Department of Labor's worker protection enforcement efforts," said Secretary Solis. "The members of the whistleblower committee, who represents the interests of labor, management, and the public, will utilize their expertise to provide valuable advice and recommendations to help OSHA strengthen and improve our whistleblower protection program."
The 12 voting and three ad-hoc members of the WPAC were appointed by Secretary Solis. All members will serve two-year terms, and the committee will meet at least twice a year. The members are:
Three members represent the public:
- Jonathan Brock, retired associate professor, Daniel J. Evans School of Public Affairs, University of Washington; and chairman, Hanford Concerns Council
- Richard Moberly, associate dean, University of Nebraska
- Emily Spieler, Edwin W. Hadley professor of law, Northeastern School of Law (chairperson)
Four members represent management:
- David Eherts, vice president and chief safety officer, Sikorsky Aircraft Corp.
- Gregory Keating, shareholder, co-chair of the whistleblowing practice group and member of the board of directors, Littler Mendelson P.C.
- Marc?a Narine, visiting professor at the University of Missouri; and compliance consultant, MDO Partners
- Kenneth Wengert, C.S.P., A.R.M., director of safety, environment and business continuity planning, Kraft Foods
Four members represent labor:
- Ava Barbour, associate general counsel, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America
- Eric Frumin, health and safety director, Change to Win
- Billie Garde, partner, Clifford & Garde LLP
- Nancy Lessin, program director, United Steelworkers' Tony Mazzocchi Center for Health, Safety and Environmental Education
One member represents OSHA state plans:
- Christine Dougherty, discrimination investigator, Minnesota Department of Labor & Industry
Three non-voting members represent federal agencies:
- Rina Tucker Harris, enforcement attorney, Consumer Financial Protection Bureau
- John Van Steenburg, chief safety officer, Federal Motor Carrier Safety Administration
- Jason Zuckerman, senior legal advisor, US Office of Special Counsel
WPAC will hold its first meeting on January 29, 2013, at the Labor Department's Frances Perkins Building in Washington, D.C., to make recommendations regarding the development and/or implementation of better customer service to workers and employers, improvement in the investigative and enforcement processes, improvement of regulations governing OSHA investigations, and recommendations for cooperative activities with federal agencies responsible for areas also covered by the whistleblower protection statutes enforced by OSHA.
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OSHA Releases Online Tool to Help Protect Workers Exposed to Cadmium
OSHA recently released a new interactive online tool to help protect workers exposed to cadmium.
OSHA's Cadmium Biological Monitoring Advisor analyzes biological monitoring results provided by the user. These data, along with a series of answers to questions generated by the cadmium advisor, are used to determine the biological monitoring and medical surveillance requirements that must be met under the general industry cadmium standard. These requirements include the frequency of additional monitoring and other mandatory components of the employer's medical surveillance program.
Cadmium is a soft, silver-white metal used in many industries including metal machining, plastics, ceramics, painting, and welding operations. Workers may also be exposed from the smelting and refining of metals or from air in industrial plants that manufacture batteries, coatings, or plastics. The Agency for Toxic Substances and Disease Registry estimates that about 300,000 workers in the US face exposure to cadmium each year. Short-term exposure to cadmium can cause weakness, fever, headache, chills, sweating, and muscular pain. Chronic cadmium poisoning can cause kidney damage and cancer of the lung or prostate. Cadmium also is believed to cause pulmonary emphysema and bone disease (osteomalcia and osteoporosis).
The cadmium advisor is primarily intended for use by experienced medical professionals who assess workers' cadmium exposure. It may also be useful as an educational tool for workers and members of the general public by providing information on what constitutes overexposure to cadmium and what to do to prevent exposure on the job.
There is a separate Cadmium Standard that protects workers in the construction industry. While the new cadmium advisor may be useful in assisting medical analysis of biological monitoring for construction workers, it does not refer to the applicable provisions of this standard, and should, therefore, be used primarily in a general industry setting.
The OSHA Cadmium Biological Monitoring Advisor is one of a series of elaws (Employment Laws Assistance for Workers and Small Businesses) developed by DOL to help employers and employees understand federal employment laws and resources.
DKS Structural Services Sued for Firing Employee who Refused to Enter Unprotected Trench
The US Department of Labor has sued DKS Structural Services, doing business as Don Kennedy and Sons House Moving Co., and owner Jeffrey Kennedy for allegedly terminating an employee who refused to enter a 15-foot-deep trench that did not have adequate protection to prevent cave-ins.
The lawsuit follows a timely complaint filed by the employee and subsequent investigation by the department's Occupational Safety and Health Administration. OSHA found that the company unlawfully and intentionally terminated the worker for engaging in activity protected by Section 11(c) of the Occupational Safety and Health Act, which prohibits retaliation against employees who report or refuse to work in unsafe conditions.
The department's lawsuit seeks back wages, interest, and compensatory and punitive damages for the employee. Additionally, it requests that the employee's personnel records be expunged with respect to the matters at issue in this case, the employer be barred against future violations of the OSH Act by a permanent injunction and any other appropriate relief.
"When an employer fails to correct a hazardous condition, workers have the right to refuse to enter an unsafe area without fearing retaliation," said Cindy Coe, OSHA's regional administrator in Atlanta. "Employers violating this basic right will be prosecuted to the fullest extent of the law."
On January 16, the employee was directed to work in trenches between 6 and 15 feet deep at the company's job site in Huntsville, Alabama. The walls of one trench, measured at approximately 15 feet deep, began to slide and cave in. The ladder that was used to get into and out of the trench broke from the dirt and mud caving in. After the ladder broke, the employee was directed to access the inside of the same trench by being lowered in the bucket of a backhoe. The employee complained that he did not want to go back into such a deep trench without protection from further cave-ins. The employer allegedly told him "to get in the hole or go home." The employee refused to get back into the unprotected excavation and immediately was fired.
In addition to investigating the employee's complaint, OSHA conducted an inspection of the work site. On July 9, the agency issued citations to the employer carrying $122,400 in penalties for two willful and two serious violations related to excavation and personal protective equipment standards.
DKS Structural Services, Inc., is based in Huntsville and specializes in structural relocation, foundation repair and leveling. The Labor Department is represented in court by its Regional Office of the Solicitor in Nashville, Tennessee. The suit was filed in the US District Court for the Northern District of Alabama, Huntsville Division.
Employees who believe that they have been retaliated against for engaging in protected conduct may file a complaint with the secretary of labor for an investigation by OSHA's Whistleblower Protection Program.
OSHA Cites Honeywell Electronic Chemicals for Multiple Process Safety Management Violations
OSHA has cited Honeywell Electronic Chemicals, LLC, with 10 serious safety and health violations at the company's facility in Mansfield, Texas. Proposed penalties total $53,000.
OSHA's Fort Worth Area Office personnel opened an investigation at the company's facility at US Highway 287 North as a part of the agency's national emphasis program on process safety management, known as PSM, for covered chemical facilities. Employees were found to be exposed to catastrophic releases of highly hazardous chemicals while conducting operations at the plant.
"This company jeopardized the safety of its employees by failing to implement OSHA's process safety management regulations effectively," said Jack Rector, OSHA's area director in Fort Worth, Texas. "OSHA requires employers to provide safe and healthful working conditions to prevent accidents and illnesses."
Six serious violations all relate to PSM, and include failing to ensure process equipment complies with recognized and generally accepted good engineering practices; ensure standard operating procedures were annually certified; conduct an incident investigation within 48 hours; and ensure piping and instrumentation diagrams were up-to-date.
Four additional serious violations involve failing to ensure emergency exits were properly marked, confined spaces were identified by signage, the location of fire extinguishers were properly labeled, and that hazardous containers were properly labeled. 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 Cites Amerimex Motors & Controls for Exposing Workers to Hazardous Chemicals
OSHA has cited Amerimex Motors & Controls, Inc., with 28 violations following a June complaint inspection for exposing workers to hazardous chemicals and other safety hazards, including electrical and unguarded machines at its North Milby facility in Houston. Proposed penalties total $82,900.
"Failing to protect employees from exposure to, and inhalation of, hazardous chemicals can be fatal," said Mark Briggs, OSHA's area director at its Houston South Area Office. "OSHA's safety and health standards must be followed to prevent worker injury and illness."
OSHA's Houston South Area Office cited 13 serious violations for failing to implement energy control procedures; guard operating machinery, such as punches, lathes, and brakes; ensure compressed gases are safely stored; properly mark electrical disconnects; provide an emergency eyewash and shower; train and certify forklift operators; and ensure protective equipment, such as gloves, are used when working with hazardous chemicals.
The 15 other-than-serious violations include failing to accurately record illnesses and injuries in the OSHA logs, implement a hearing conservation program, perform a personal protective equipment assessment, identify and evaluate respiratory hazards and provide hazardous chemicals training. 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.
OSHA Cites Pilgrim's Pride Corp with Repeat and Serious Violations
OSHA has cited Pilgrim's Pride Corp., in Lufkin, Texas, with three repeat and four serious violations following a June inspection as part of the agency's Process Safety Management Covered Chemical Facilities national emphasis program. Proposed penalties total $99,000.
"Process safety management prevents the unexpected release of toxic, reactive, or flammable liquids and gases in processes involving highly hazardous chemicals," said David Doucet, director of OSHA's Houston North office. "Exposure to highly hazardous chemicals can be fatal. OSHA will not tolerate a company's failure to provide a safe and healthful working environment."
The repeat citations issued for the process safety management standard violations include failing to inspect and test process equipment consistent with applicable manufacturers' recommendations and good engineering practices, ensure that process equipment complies with recognized and generally accepted good engineering practices, and properly label containers holding hazard chemicals. 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. Similar violations were cited at the company's work site in Live Oak, Florida, in April 2008 and at the work site in Russellville, Alabama, in September 2010.
Serious violations include failing to correct deficiencies in process equipment, ensure that process safety information pertaining to equipment includes design codes and standards, and establish and implement written procedures to manage changes of the process.
The Greeley, Colo.-based Pilgrim's Pride, a chicken processing and wholesale distribution company, operates in 12 states, including Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, North Carolina, South Carolina, Tennessee, Texas, Virginia and West Virginia. About 33,000 workers are employed companywide with about 1,400 at the Lufkin facility.
Certifit Inc. Exposes Workers to Electrical and Fall Hazards in San Antonio
OSHA has cited Salt Lake City-based Certifit, Inc., with two repeat and one serious violation from an August follow-up inspection for continuing to expose workers to fall and electrical hazards at the company's San Antonio work site on Sonterra Boulevard. Proposed penalties total $71,500.
The initial January inspection, which resulted in $12,000 in fines, determined that defective rolling ladders exposed workers to fall hazards, and the employer failed to ensure a competent, on-site person was trained and certified in first aid. The August inspection resulted in the same repeat violations.
"This employer continues to jeopardize the safety of its workers," said Kelly C. Knighton, the agency's area director in San Antonio. "Employers have a responsibility to ensure a healthful and safe workplace environment."
The serious violation was cited for failing to ensure that an industrial fan was properly grounded.
OSHA Cites Bontrager Excavating Ltd for Failing to Protect Workers in Trench
OSHA has cited Bontrager Excavating, Ltd., in Uniontown, Ohio, with three willful safety violations for failing to protect workers from cave-ins during trenching operations. OSHA initiated the inspection in June after receiving a complaint alleging unsafe working conditions. Proposed penalties total $115,500.
"Bontrager Excavating has again failed to take adequate safety measures to protect their workers from cave-ins at excavation sites despite having lost employees in the past as a result of failing to follow these industry-specific standards," said Howard Eberts, OSHA's area director in Cleveland. "OSHA implemented a trenching and excavation special emphasis programs in the 1980s, so the industry is well aware of the safety regulations for trenching operations."
OSHA placed Bontrager Excavating in its Severe Violator Enforcement Program in 2011, after one worker was killed and another injured in a trench collapse in December 2010 in Stark County. The program focuses on recalcitrant employers that endanger workers by committing willful, repeat, or failure-to-abate violations. Under the program, OSHA may inspect any of the employer's facilities or job sites.
The three willful violations cited from this most recent inspection involve failing to provide cave-in protection to workers installing storm connection lines in a trench approximately 6-feet deep, ensure that spoil piles of soil were placed at least 2 feet back from the trench edge, and provide a safe means of egress to workers inside a trench box. OSHA regulations require that a stairway, ladder, ramp, or other means of egress be provided in a trench. 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 mandate that all excavations 5 feet or deeper be protected against collapse.
Prior to this inspection, Bontrager Excavating had been inspected seven times since 1992, resulting in 17 violations, 15 of which directly related to various trenching hazards.
OSHA Cites Two Fort Worth Companies for Process Safety Management Violations
OSHA has cited Five Star Custom Foods, Ltd., for 25 serious safety and health violations. Subcontractor Packers Sanitation Services, Inc., has been cited for two serious safety violations concerning exposure to hazardous chemicals at the company's facility on East First Street. Penalties total $134,000 collectively.
OSHA officials opened an investigation on June 12 under the agency's national emphasis program on process safety management, known as PSM, for covered chemical facilities. Investigators found that employees, while conducting operations in the facility's refrigeration system, were exposed to the catastrophic release of toxic and corrosive chemicals.
"Exposing employees to highly hazardous chemicals, such as anhydrous ammonia, can be fatal," said Jack Rector, the agency's area director in Fort Worth. "OSHA's standards must be followed to prevent accidents and illnesses."
Fourteen serious violations involve failing to ensure that equipment related to the process complied with recognized and generally accepted good engineering practices; recommendations in the process hazard analysis were processed; standard operating procedures were annually certified; an ammonia detector system was provided; contract employees were informed of the potential of fire and/or toxic release hazards; and compliance audits were conducted at least every three years.
An additional 11 safety violations involve failing to develop machine-specific lockout/tagout procedures for the control of hazardous energy; maintain work areas free of slip, trip, and fall hazards; keep exit areas unobstructed; and to address electrical wiring deficiencies.
OSHA cited Packers Sanitation Services, which provides janitorial services, with two serious safety violations involving the failure to train employees to work with hazardous chemicals and not providing safety data sheets.
OSHA Fines Timken Co $170,500 After Complaint
OSHA has cited Timken Co., for 12 alleged safety violations, including five repeat, after conducting a complaint inspection in June at the steel mill in Canton which manufactures roller bearings. Proposed penalties total $170,500.
"Timken Co., has a responsibility to recognize safety hazards in its facility and to train workers in emergency response," said Howard Eberts, OSHA's area director in Cleveland. "When employers knowingly ignore safety and health requirements, they are unduly placing their workers at risk for illnesses and injuries, and that is unacceptable."
Five repeat safety violations involve failing to machine guard ingoing nip points, points of operation, and rotating parts. Additionally, the company lacked guardrails on elevated platforms and failed to ensure electrical boxes with unused openings were closed. Similar violations were cited at other Timken Co., facilities in Canton, including the Harrison steel plant in 2007 and 2011, and the Gambrinus roller bearing plant in 2007 and 2009.
Seven serious safety violations involve failing to reduce compressed air for cleaning to 30 lb. per square inch or below; maintain floors in dry condition; conduct annual training for workers designated to use portable fire extinguishers; provide an emergency eyewashing station; ensure each authorized worker affixed a personal lockout device to a group lock box to prevent the unintentional release of hazardous energy; and properly adjust machine guarding.
OSHA Cites Lawrenceville Roofing Company for Exposing Workers to Fall Hazards
OSHA has cited Lawrenceville, Georgia-based Peach State Roofing with a willful violation for exposing roofing workers to fall hazards at its work site on FM 2920 in Spring. OSHA began the inspection in October as part of its regional emphasis program on construction hazards. The proposed penalty totals $70,000.
"Employers have a responsibility to ensure that workers exposed to fall hazards are provided with fall protection equipment appropriate for the job at all times when a fall hazard is present," said David Doucet, OSHA's area director at its Houston North area office. "Falls are the leading cause of death in construction and can easily be prevented by planning ahead to do the job safely, providing workers with proper equipment and training them to recognize and address fall hazards. It is fortunate in this case that no one was injured."
The willful violation was cited for failing to provide personal protective equipment, such as harnesses, to protect workers from falls of 6 feet or more above lower levels.
OSHA and the National Institute for Occupational Safety and Health are working with trade associations, labor unions, employers, universities, community and faith-based organizations, and consulates to provide employers and workers-especially vulnerable, low-literacy workers-with education and training on common-sense fall prevention equipment and strategies that save lives.
OSHA Renews Strategic Partnership to Decrease Musculoskeletal Injuries in Northeast Wisconsin Foundries
OSHA has renewed a strategic partnership with northeast Wisconsin foundries to improve ergonomic programs and reduce the rate of musculoskeletal injuries. The foundry industry has a high rate of musculoskeletal and other ergonomic-related injuries due to tasks such as moving heavy equipment, material handling, and the use of pneumatic equipment such as grinders and sanders.
OSHA established the partnership in 2003 with Neenah Foundry, ThyssenKrupp Waupaca Foundry, Brillion Iron Works, Roloff Manufacturing Corp., Manitowoc Grey Iron Foundry and Wisconsin Aluminum Foundry Co. In addition to the original members, participants in the renewed partnership also include the Glass, Molders, Pottery, Plastics, and Allied Workers Locals 121B, 271 and 301; the United Steel Workers Local 125; the International Association of Machinist Locals 516 and 1947; the Mercury Marine-Division of Brunswick Corp.; the Professional Association of County Employees Local 70475; and C.A. Lawton Co.
"This partnership was initiated nearly a decade ago by six Wisconsin foundries and reflects our recognition of the importance of foundry workers' safety and health, along with our cooperative goal to develop effective safety programs," said Frank Winingham, director of OSHA's Appleton Area Office.
The partnership promotes continuous improvement to reduce injuries through education, hazard assessments, and the re-engineering of work stations and work processes whenever possible, as well as increasing safety and health training, and sharing best practices.
The collaborative work of the partnership resulted in the 2012 OSHA publication "Solutions for the Prevention of Musculoskeletal injuries in Foundries," which provides ergonomic solutions for foundries to consider that are both cost-effective and successful in reducing musculoskeletal injuries.
Through its Strategic Partnership Program, OSHA works with employers, workers, professional and trade associations, labor organizations, and other interested stakeholders to establish specific goals, strategies, and performance measures to improve worker safety and health.
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