State Laws Triggers Chemical Reporting

December 19, 2011

A new report identifies for the first time more than 650 brand name products that contain two hormone-disrupting toxic chemicals. Based on new industry data, the report names plastic toys, such as PLAYMOBIL play figures and Chicco baby rattles, which contain BPA (bisphenol A), the same toxic chemical already banned in plastic baby bottles and sippy cups. The report revealed another toxic ingredient, known as NPEs (nonylphenol ethoxylates), in nearly 300 household paints, as well as several cleaners, wood finishes, and home maintenance products.

Similar state laws go into effect in Washington and California next year and are pending in other states, as Congress lags behind in reforming the outdated federal Toxic Substances Control Act of 1976.

“In the absence of federal leadership, state policies are the best way to identify and restrict toxic chemicals in products,” said Mike Belliveau, lead report author and executive director of the Environmental Health Strategy Center based in Portland, Maine. “Until Congress acts, we can expect more states and businesses to respond to consumer demand for toxic-free products.”

“As a new mom, I’m relieved to finally get some information I can use as a consumer to protect the health of my baby,” said Hannah Pingree, the former Speaker of the Maine House of Representatives who sponsored the 2008 Maine law known as the Kid Safe Products Act. “But why are these chemicals still used in everyday products, and what else are they keeping us in the dark about?” she asked. “Congress has to fix our broken federal chemical safety system. It’s the only way to protect the health of all American families.”

Armed with this new chemical use information, government can make better decisions to restrict toxic chemicals and industry leaders can switch to safer substitutes, just like the infant formula makers who recently ended their use of BPA in metal cans. Twenty-five manufacturers reported on priority chemical use in consumer products to the Maine Department of Environmental Protection. 

Studies have shown that BPA and NPEs mimic the sex hormone estrogen. BPA harms brain development, behavior, and the prostate gland, among many other adverse health effects. NPEs are highly toxic to aquatic life, degrade into a long-lived chemical that builds up in the food chain, and may harm reproduction and development in humans. Aggregate exposure to BPA and NPEs from all sources threatens the health of children, workers, and the environment.

More and more states are enacting laws to protect the health of American families from toxic chemicals in response to the failure of the obsolete federal chemical safety system to protect public health and the environment. In the last decade, 18 states have passed more than 70 laws to ban chemicals in products or create new chemical management programs at the state level. Under Maine’s Kid Safe Products Act, manufacturers must disclose their use of priority chemicals of high concern in consumer products. The state may then require companies to search for safer substitutes. Priority chemicals in products may be phased out if children are exposed and safer alternatives are available, effective, and affordable.

S. 847, The Safe Chemicals Act of 2011, sponsored by Senator Frank Lautenberg (D-New Jersey), proposes a common sense, science-based overhaul of the 35 year-old Toxic Substances Control Act (TSCA), which has never been updated. The Safe Chemicals Act requires chemical manufacturers to provide health information and demonstrate the safety of all chemicals, while requiring immediate action to restrict uses of the worst chemicals based on the best science.

Cary, North Carolina 24-Hr and 40-Hr HAZWOPER Courses

 

Personnel who are expected to stop, contain, and clean up on-site releases are required to have 24 hours of initial training. Personnel who are involved in cleanups at waste sites—including Superfund sites, RCRA corrective action sites, or even voluntary cleanups involving hazardous substances—must have 40 hours of initial classroom instruction.

Satisfy your training requirements by attending a comprehensive class that provides in-depth instruction on how to perform emergency response activities. Topics include hazard recognition, spill control and containment, worker protection, and waste site activities such as site characterization, waste handling, and decontamination. You will have the opportunity to apply your training during a hands-on simulated incident response.

 

How to Author GHS Safety Data Sheets

OSHA is adopting the new Globally Harmonized System (GHS) for the classification and labeling of hazardous chemicals. A cornerstone of GHS is the adoption of a completely revised Safety Data Sheet (SDS).

  • January 27, 2012
  • February 29, 2012

How to Label Hazardous Chemicals Using OSHA’s New GHS Hazcom Standard

Workplace and supplier hazard communication labels are being reinvented as OSHA adopts the new Globally Harmonized System (GHS) for labeling hazardous chemicals.

  • February 3, 2012
  • March 1, 2012

How to Prepare for OSHA Adoption of the GHS for Classification and Labeling of Chemicals

This means that virtually every product label, material safety data sheet (soon to be called “safety data sheet”), 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 MSDSs.

Environmental Resource Center is offering webcast training courses where you will learn how the new rule differs from current requirements, how to implement the changes, and when the changes must be implemented. 

  • January 20, 2012
  • February 28, 2012

Register early to ensure your spot in one of the upcoming sessions. You may register online or call 1-800-537-2372 to register by phone.

Cleveland, Ohio RCRA and DOT Training

 

RCRA, DOT, IATA/IMO and SARA Title III Training Coming to Raleigh, North Carolina Area

 

 

Safety Consultant/Trainer

Environmental Resource Center has a new opening for a safety consultant and auditor. We are looking for a former OSHA CSHO, OSHA trainer, or state inspector for this position in our Cary, North Carolina, office. Applicants should have excellent writing and speaking skills and be willing to travel 7–14 days per month. We are looking for an expert in all of the General Industry and Construction standards who is capable of performing audits of industrial facilities as well as conducting on-site training.

Strong consideration will be given to applicants who also have experience providing HAZWOPER, Hazcom, lockout/tagout, confined spaces, and machine guarding training.

The position includes maintenance of training materials (books and presentations), working on consulting projects, development of classes and computer-based training programs, and ensuring customer satisfaction.

 

OSHA Improves “It’s the Law” Poster

OSHA has revised its Web page on the OSHA Job Safety and Health: It’s the Law poster ), to make it easier to use. Employers are required to display this free poster prominently in their workplaces. The revised Web page provides instructions on how employers can get free copies, and links to information about other Department of Labor posters. 

A&B Ironworks Faces $110,000 Fine

 The Kearny, New Jersey, masonry contractor faces a total of $110,220 in proposed fines, chiefly for fall and scaffold hazards.

. As a result of these conditions, OSHA has cited two willful violations carrying $92,400 in proposed fines. 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.

“Falls are not only the most cited hazard in construction work, they are the deadliest,” said Kay Gee, OSHA’s area director for Manhattan, Brooklyn, and Queens. “A fall can kill or disable a worker in seconds. Proper and effective safeguards should be implemented and followed at all times on all job sites.”

OSHA’s inspection also identified various other hazards, including an improperly installed access ladder, an inadequate stairway, employees being permitted to climb cross braces to access elevated work areas, inadequately guarded moving machine parts, and a lack of electrical grounding. These conditions resulted in citations for seven serious violations carrying $17,820 in fines. 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.

“One means of preventing workplace hazards such as these is for employers to implement effective illness and injury prevention programs in which they work continuously with their employees to identify and eliminate hazards,” said Robert Kulick, OSHA’s regional administrator in New York.

PPG Industries Fined $90,000 for Violations at Cleveland Facility

OSHA cited PPG Industries Inc., for four safety violations, including a willful violation for operating an unguarded winder machine, at its Cleveland, Ohio, resin production facility. Proposed fines total $90,000.

“Failing to ensure machine guarding is in place to protect workers from the point of operation puts employees at risk for injury and amputation hazards,” said Howard Eberts, OSHA’s area director in Cleveland. “Employers have a responsibility to recognize the hazards that exist in their facilities, and take necessary precautions to protect workers’ safety and health.”

An inspection was initiated September 26 after OSHA received a complaint alleging the use of an unguarded winder machine in the facility’s Teslin department, which resulted in the citation for the willful violation.

PPG Industries also has been cited for three serious violations: failing to lock out the energy sources of equipment prior to servicing or conducting maintenance, have authorized personnel affix lockout/tagout devices on equipment, and ensure guards were affixed or secured to equipment.

Boomerang Tube Cited Following Severe Injuries to Three Workers

Proposed penalties total $468,000.

“This employer jeopardized the safety of its employees by failing to follow OSHA’s safety standards for energy control procedures and machine guarding,” said John Hermanson, OSHA’s regional administrator in Dallas. “It is very unfortunate that these workers were so seriously injured when the causes should have been prevented.”

OSHA’s Houston North Area Office began an investigation June 14 in response to a complaint from one of the injured employees that workers faced unsafe conditions while operating cranes and slitter, rolling and thread machines; performing service and maintenance work; and stacking and loading pipes in the yard and on trucks at the company’s work site on Farm to Market 3361. In April, an employee was injured from becoming caught in an operating machine and in May, a second employee was struck by a piece of steel and knocked into a 5-foot-10-inch concrete pit. In September, another employee was injured from becoming caught in machinery. All three had to be flown to a local hospital due to the severity of their injuries.

The willful violations were cited for failing to repair a damaged under-hung crane, which lifts and lowers materials; ensure the use of lockout/tagout procedures to control the energy sources of equipment; and provide the required machine guarding on the pipe manufacturing line.

The serious violations include failing to repair defective hook latches on operating cranes; ensure the facility was clear of trip and fall hazards, such as providing a cover for an open pit; and failing to ensure that loads did not exceed the rated capacity of industrial trucks.

The other-than-serious violation was for failing to maintain required records of injuries and illnesses. 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.

Boomerang Tube employs approximately 460 workers and specializes in tube manufacturing.

Refractory Replacement Company Cited for Exposing Workers to Lead Hazards

OSHA cited Refractory Installation and Construction Headquarters Inc., for exposing workers to dangerously high levels of lead at a Lyons Station, Pennsylvania, work site and for other violations found during an inspection of the company’s Bernville, Pennsylvania, headquarters. Proposed fines total $54,600.

OSHA initiated an inspection after receiving a referral from the Pennsylvania Department of Health regarding an employee with blood containing an elevated level of lead.

Eleven serious violations carrying penalties of $53,900 have been cited for overexposing workers to lead and cadmium; respiratory program deficiencies; failing to implement a lead and cadmium compliance plan; failing to provide arsenic, lead, cadmium and respiratory training; not conducting air monitoring for arsenic and lead; failing to ensure that employees exposed to airborne lead and cadmium washed their hands and faces prior to drinking; not conducting medical surveillance and exams for workers exposed to lead and cadmium; not taking employee blood samples to determine lead levels; and not informing workers of medical removal protection benefits and provide those benefits to two employees.

Four other-than-serious violations with $700 in penalties involve record-keeping violations.

“Lead overexposure in the workplace can lead to serious adverse health problems,” said Kevin Kilp, director of OSHA’s Harrisburg Area Office. “OSHA will not tolerate employers who jeopardize the safety and health of their workers.”

OSHA Cites Lange Grinding After Worker Injured by Falling Piece of Steel

OSHA cited Lange Grinding Inc., for 33 safety violations at the company’s facility in Streetsboro, Ohio, where finishing operations are performed for various manufacturers. An inspection was initiated July 22 after a worker sustained a serious injury to his left arm caused by a piece of falling steel when a lifting magnet malfunctioned and dropped a load weighing approximately 2,900 lbs. Proposed fines total $54,600.

“Failing to ensure equipment such as lifting magnets is working correctly puts workers at an unnecessary safety risk in a highly hazardous industry,” said Howard Eberts, OSHA’s area director in Cleveland. “Employers have a responsibility to recognize the hazards that exist in their facilities and take necessary precautions to protect workers’ safety and health.”

Lange Grinding has been cited for 30 serious violations. Those specifically related to the incident include the lack of a load rating for the lifting magnet and the lack of protection on the toggle switch of the magnet’s control panel. Other violations include failing to guard open-sided floors and exposed stairways, inspect ladders and remove a defective ladder from service, implement a lockout program for the energy sources of equipment, train lift truck operators on safe operating procedures and to inspect lift trucks before use, inspect overhead cranes, inspect slings and fastening attachments, remove defective slings from service, provide adequate machine guarding, store compressed gas cylinders safely, control electrical hazards, and provide a comprehensive program to inform employees about hazardous substances.

Additionally, Lange Grinding has been cited for three other-than-serious violations for failing to label building structures with load ratings, perform a hazard assessment to determine the need for personal protective equipment, and conduct fire extinguisher training.

OSHA Fines Heat $95,000 for 15 Violations, Including Lack of Machine Guards on Press Brakes

OSHA cited Heat Seal LLC, in Cleveland, Ohio, with 15 safety and health violations, including one willful safety violation for failing to ensure machine points of operation were guarded. OSHA initiated the inspection August 31 after receiving a complaint alleging that there were no guards on press brakes. Proposed fines total $95,200.

“There is simply no excuse for Heat Seal not to ensure that its workers are protected against the moving parts of dangerous machines, and provide them with proper safety procedures and training,” said Howard Eberts, OSHA’s area director in Cleveland. “OSHA is committed to protecting workers, especially when employers fail to do so.”

The willful safety violation is for failing to ensure that points of operation were guarded on four press brakes and one shear.

Nine serious safety violations are for failing to guard foot pedals on press brakes, train employees on the use of a portable fire extinguisher, train employees on the operation of powered industrial trucks, and conduct weekly press inspections. Additionally, three violations of lockout/tagout standards were cited, including failing to develop machine-specific procedures, lock out the energy sources of equipment prior to maintenance, and train employees. One serious health violation was cited for failing to implement a hearing conservation program.

Additionally, Heat Seal was cited for two other-than-serious health violations for failing to monitor hexavalent chromium exposure and train workers on the hazards of hexavalent chromium exposure.

OSHA Cites 3 New York Contractors for Fall, Scaffolding and Other Hazards

OSHA cited three contractors for a total of 21 alleged violations of workplace safety standards at a work site in the Bronx, New York. They are Arberia & Associates General Contractors Inc., the project’s Manhattan-based general contractor; and carpentry subcontractor K&G Haxhari Construction and masonry subcontractor Mondi Construction Inc., both of the Bronx. Proposed penalties total $71,340.

OSHA’s Tarrytown Area Office opened its inspection July 28 after employees were observed at a Muliner Avenue construction site working at heights of 24 feet above the ground on scaffolds that lacked guardrails. A variety of tripping, electrical, training, and other scaffold hazards also were identified at the site.

“The absence of required guardrails exposed these workers to potentially deadly or disabling falls of more than two stories,” said Diana Cortez, OSHA’s area director for Bronx, Westchester, and Rockland counties. “While it is fortunate that no one fell, workplace safety cannot be left to the whims of fortune.”

Specifically, Mondi Construction has been cited for five repeat and seven serious violations with $45,540 in proposed fines for the lack of scaffold guardrails and stair handrails, the lack of hazard recognition training, tripping hazards, weakened scaffolding planks, lack of eye protection, and multiple electrical hazards. The employer was cited for similar violations in May 2008 at a Bronx, New York, work site. 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.

K&G Haxhari Construction has been cited for nine serious violations with $19,800 in fines for tripping hazards and missing stair handrails, the lack of hazard recognition training, and multiple electrical hazards. Arberia & Associates General Contractors has been cited for two serious violations with $6,000 in fines for the lack of fall protection on stair landings and missing stair handrails.

“To prevent hazards such as these, employers should implement effective illness and injury prevention programs in which they work continuously with their employees to identify and eliminate hazards,” said Robert Kulick, OSHA’s regional administrator in New York.

Connecticut Contractor Fined for Fall Hazards

 The New London, Connecticut, contractor faces a total of $110,000 in proposed fines.

OSHA’s enforcement action follows an inspection opened June 7, when Denison & Sons employees were observed being exposed to falls from heights of 15–26 feet while working without protection on both a scaffold and the roof of a building located at 69 Lyme St.

In addition, OSHA found employees exposed to fall hazards while improperly climbing ladders and climbing ladders while carrying materials on their shoulders, as well as to head injuries from working without hard hats. These conditions resulted in citations for five willful violations carrying $73,700 in fines.

Nine serious violations, with $36,300 in fines, have been cited for several other hazardous conditions, including overloaded scaffolding; a lack of eye protection for employees using nail guns; inadequate scaffold access; a lack of protection against falling objects; and a failure to provide employees with fall protection, scaffold, and ladder training.

 Initiated in June 2010, the program focuses on recalcitrant employers that endanger workers by committing willful, repeat, or failure-to-abate violations.

 

Stucco Company Fined $62,000 for Fall Hazards

OSHA cited Hutchinson Stucco Inc., of Brunswick, Georgia, for 11 safety violations following an inspection that found workers were exposed to fall hazards while constructing a three-story residential building in St. Simons Island, Georgia. OSHA initiated the inspection as part of a local emphasis program on protecting workers from falls in the construction industry. Proposed penalties total $62,200.

Nine repeat violations with $54,400 in fines have been cited for allowing workers to use a scaffolding system that was not fully planked; permitting the scaffolding system to have missing base plates; failing to have a competent trained person build, dismantle, and move the scaffolding; failing to protect workers from falls of 25 feet by providing a guardrail, safety net, or personal arrest system; missing cross bracing on the scaffolding system; failing to ensure employees working on the scaffolding system were trained to recognize and minimize hazards; failing to have the material safety data sheet readily available for employees mixing and applying building materials, such as (but not limited to) stucco cement, which contains hazardous chemicals; allowing workers not to use head protection; and failing to ensure all employees mixing and applying building materials received training regarding hazardous chemicals. The company was cited for these same violations in April 2008.

Two serious violations with $7,800 in penalties have been cited for failing to have a ladder on the scaffolding as a means to access and exit the working platform, and allowing employees to work from a scaffold where planks were directly attached to a roof without having a fall protection system in place.

“OSHA will not tolerate an employer repeatedly allowing workers to be exposed to falls from heights of up to 30 feet while working on improperly built scaffolding,” said Robert Vazzi, OSHA’s area director in Savannah.

Howard Industries Fined $59,000 for LOTO, Fall Hazards

Howard Industries has been cited by OSHA for eight safety violations following an inspection of the company’s radiator manufacturing plant on Eastview Drive in Laurel, Mississippi. The inspection was initiated under OSHA’s Site-Specific Targeting Program for industries with high occupational injury and illness rates. Proposed penalties total $59,000.

Two repeat violations with $35,000 in fines have been cited for failing to use lockout/tagout devices for the energy sources of equipment to prevent accidental start ups during servicing and permitting employees to operate equipment without an electrical ground. The company received citations for similar violations at its Laurel plants on Eastview Drive and Pendorf Road in 2007.

Six serious violations with fines of $24,000 have been cited for slip and fall hazards, allowing employees to stand on a wood pallet attached to a forklift without guardrails, failing to provide employees with an apron and face shield when handling chemicals, not conducting a hazard assessment to identify personal protective equipment for workers handling chemicals, permitting employees not to wear face shields while grinding, and failing to evaluate the hazards associated with confined spaces.

Howard Industries has six manufacturing facilities in Mississippi, including two in Laurel, two in Ellisville, one in Mendenhall, and one in Sandersville. It also has one facility in Weirton, West Virginia. The Laurel plant manufactures radiators used in large electrical commercial transformers.

“Although the company is making progress in its safety and health program, it continues to put workers at risk of serious harm at its facilities,” said Clyde Payne, OSHA’s area director in Jackson.

OSHA Cites Resource Management Cos. for 37 Violations After Fatality at Recycling Plant

OSHA cited Resource Management Cos., at its Earth City, Missouri, recycling facility for 37 safety and health violations. An inspection was opened after a worker died from injuries sustained on June 12 when he entered a baling machine to clear a jam and it became energized. Proposed fines total $195,930.

“Resource Management Cos. has a responsibility to ensure that its workers are protected from hazardous working conditions, especially ones related to dangerous equipment such as baling machines,” said Charles E. Adkins, OSHA’s regional administrator in Kansas City, Missouri. “Employers are required by law to ensure that work environments are safe and healthful. OSHA is committed to protecting workers on the job, especially when employers fail to do so.”

They also involve hazards related to fall protection, exits, flammable liquids, fire extinguishers, powered industrial trucks, and welding and electrical equipment. Additionally, eight serious health violations involve inadequate housekeeping, excessive noise, improper personal protective equipment, permit required space program, and blood borne pathogens hazards.

One repeat safety violation has been cited relating to defective powered industrial trucks that were not taken out of service. The company was cited in April 2010 for a similar violation.

 

OSHA Cites Painting Contractor for Willful and Serious Fall Hazards

OSHA cited D.R. Moore Co., LLC, a Little River, South Carolina, painting contractor, for alleged willful and serious violations of workplace safety standards at an Elmsford, New York, work site. The company faces a total of $58,400 in proposed fines for fall hazards identified by OSHA while D.R. Moore was power washing, painting, and caulking the exterior of an extended stay hotel in Elmsford.

OSHA’s Tarrytown Area Office opened its inspection on October 6 when Moore employees were observed standing on a ladder placed in an aerial lift basket that was elevated 78 feet above the ground. Other identified fall hazards included employees not using a body belt or lanyard while working in the basket, two employees with their lanyards attached to the same anchorage point, and improperly attached lanyards.

“Fall hazards are not only the most frequently cited hazards in construction work, they also are the deadliest,” said Diana Cortez, OSHA’s area director for Westchester, Rockland, and Bronx counties in New York. “A fall can kill or disable a worker in seconds unless proper and effective safeguards are implemented and followed at all times on all job sites.”

Specifically, D.R. Moore has been cited for two willful violations with $50,000 in fines for allowing employees to work from a ladder in the elevated basket and not ensuring that they wore a body belt and/or lanyard while working from the basket. Two serious violations with $8,400 in fines were cited for the anchorage and lanyard hazards.

“One means of preventing workplace hazards such as these is for employers to implement effective illness and injury prevention programs in which they work continuously with their employees to identify and eliminate hazards,” said Robert Kulick, OSHA’s regional administrator in New York.

Safety News Links