OSHA has cited Tsudis Chocolate Co., for two repeat and 14 serious safety violations at its Pittsburgh, Pennsylvania, candy manufacturing facility. OSHA opened an inspection after a worker sustained head injuries while setting up operations on a machine that started up inadvertently.
“A machine was not locked out to prevent the accidental start up that caused this worker’s injuries,” said Robert Szymanski, director of OSHA’s Pittsburgh Area Office. “By not complying with OSHA’s standards, this company continues to leave its workers vulnerable to hazards that could cause serious injury and possible death.”
The repeat violations involve failing to provide workers with adequate training in safe energy control and electrical work practices. 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 in October 2010.
The serious violations involve deficient energy control procedures, improper storage of materials, inadequate machine guarding, electrical hazards, and failing to provide proper exits/means of egress. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer know or should have known.
Tsudis employs approximately 135 workers at the Pittsburgh facility. Proposed penalties total $84,150.
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OSHA Proposes $151,300 in Fines to Ohio-Based American Showa for Lack of Personal Protective Gear, Electrical Hazards Training
OSHA initially opened an inspection of the company’s automotive parts manufacturing facility in Blanchester, Ohio, on November 6, 2011, under the agency’s National Emphasis Program (NEP) for Amputations, and then expanded it to a joint safety and health inspection to examine the facility’s aluminum die-casting operations. “American Showa is responsible for ensuring that its employees wear personal protective equipment and receive proper training on electrical safety hazards to prevent injuries in its manufacturing plant,” said Bill Wilkerson, OSHA’s area director in Cincinnati. “OSHA is committed to protecting workers, especially when employers fail to do so.”
Specifically, the willful safety violations are failing to train workers on safe electrical working practices for voltage testing and the use of required personal protective equipment. 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.
Seven serious safety violations involve failing to provide adequate machine guarding, ensure that workers locked out all energy sources while making repairs inside robot enclosures, de-energize a robot trim press to perform repairs, replace missing grounding prongs on conductive metal-framed pedestal fans that could have become energized, and close unused openings on electrical boxes.
One other-than-serious safety violation is failing to develop adequate and understandable confined space permits. Three other-than-serious health violations involve not labeling spray bottles with the identity of dangerous chemicals and hazard warnings, as well as not mounting portable fire extinguishers. 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.
Sunbury-based American Showa Inc., has plants in Sunbury and Blanchester, Ohio; as well as in Corona, California.
OSHA Proposes More than $45,000 in Fines to American Cap Co. LLC for Exposing Workers to Safety Hazards
OSHA has cited ACCI Acquisition Co., LLC, doing business as cylinder caps and related compressed gas cylinder products manufacturer American Cap Co., LLC, for 18 serious and four other-than-serious safety and health violations at the company’s Wheatland, Pennsylvania, facility. Proposed penalties total $45,100 following an inspection conducted under OSHA’s Site-Specific Targeting Program for industries with high injury and illness rates.
The serious violations involve failing to properly guard machines, ensure that spray guns are connected to the powder coating spray booth’s ventilation system, provide effective welding equipment, ensure that compressed air is reduced to 30 lb per square inch, provide gauges to determine required air flow inside the spray booth, equip the spray booth with an automatic sprinkler, provide safe tools to clean flammable residues from the interior of the spray booth, ensure that aisles and passageways are clear, protect workers from direct exposure to laser radiation, provide guarding on a laser cutting machine, and provide proper eye protection for employees working around laser radiation.
The other-than-serious violations are failing to record injuries and illnesses, illuminate exit signs, and provide fire extinguishers that are mounted and easily accessible.
“Each of these violations left workers vulnerable to hazards that could cause serious injuries or quite possibly death,” said Theresa A. Naim, OSHA’s area director in Erie. “Employers have a legal responsibility to provide employees with safe and healthful workplaces.”
Maine Shipbuilder Faces Over $171,000 in OSHA Fines for Fall, Other Hazards
The shipbuilder faces a total of $171,300 in proposed fines following a safety inspection by OSHA’s Augusta Area Office.
The inspection, which was conducted under OSHA’s Site-Specific Targeting Program and a local emphasis program focusing on hazards in ship- and boat-building and repair, identified a variety of fall, mechanical, and electrical hazards. These included workers exposed to falls from a lack of fall protection as well as unguarded roof edges and floor holes and openings; tripping and fall hazards from walkways obstructed by materials, equipment, hoses, and service cords; an unqualified employee operating an overhead crane; defective and uninspected lifting slings; uninspected lift trucks; unguarded electrical equipment; exposed and damaged electrical sheathing; and the improper storage of flammable chemicals.
As a result of its inspection, OSHA cited Bath Iron Works for three alleged repeat violations with $93,500 in fines and 15 serious violations with $77,800 in fines. In this case, the repeat violations are similar to tripping and fall hazards cited in 2008.
“We’ve focused on this industry because establishments primarily engaged in ship- and boat-building and repair in the state of Maine have higher-than-average injury and illness rates,” said William Coffin, OSHA’s area director for Maine. “A proactive, sustained, effective and ongoing effort by employers to identify and eliminate hazards such as these is necessary for employees’ safety and well-being.”
$71,000 Proposed in Fines to BWAY Corp. for Safety, Health Hazards at New Jersey Plastics Facility
OSHA has cited BWAY Corp., headquartered in Atlanta, Georgia, for three repeat, three serious, and two other-than-serious safety and health violations at the company’s Dayton, New Jersey, plastics manufacturing facility. Proposed penalties total $71,000 following an inspection initiated as part of OSHA’s NEP on Amputations.
The repeat violations, with $60,000 in penalties, include failing to develop lockout/tagout procedures for the energy sources of specific equipment, conduct and certify monthly crane hook inspections, and protect electrical live parts with approved enclosures. Similar violations were cited in 2011 at a Macon, Georgia, facility.
The serious violations with $11,000 in penalties were cited for failing to address noise hazards and ensure that lockout procedures of energy sources were in place to prevent amputation hazards.
The other-than-serious violations, with no monetary penalties, include failing to notify employees of noise sampling results and evaluate powered industrial truck operators during a three-year period.
“These violations put workers’ lives at risk and could cause very serious injuries or possible death,” said Patricia Jones, director of OSHA’s Avenel Area Office. “Employers are legally responsible for ensuring a safe and healthful workplace.”
BWAY Corp., which employs about 135 workers at the Dayton site, manufactures rigid metal, plastic, and hybrid containers at multiple facilities throughout the US.
OSHA Fines Shawnlee Construction $50,000 for Fall Hazards; Previously Cited for Similar Hazards in Three States
OSHA has cited Shawnlee Construction LLC, for fall hazards identified during the construction of a new public safety building in Montville, Connecticut. The Plainville, Massachusetts-based framing contractor faces a $50,000 proposed fine after an inspection by OSHA’s Hartford Area Office found Shawnlee employees exposed to falls of up to 11 ½ feet.
“The sizable fine proposed in this case reflects this employer’s history of fall protection violations, having been cited for similar hazards in three different states over the past five years,” said Paul Mangiafico, OSHA’s area director in Hartford. “Falls remain among the deadliest hazards in construction work. Employees are literally a step away from a disabling or deadly fall that can end their careers or their lives in seconds. The safety and well-being of employees depends on effective fall protection safeguards being in place and in use at all times on all job sites.”
As a result of the inspection, OSHA cited Shawnlee Construction for one repeat violation. In this case, the repeat violation stems from OSHA having cited Shawnlee in 2007 and 2008 for similar hazards at sites in Middletown, Rhode Island; Stonington, Connecticut; and Concord, New Hampshire.
OSHA Cites A.M. Castle & Co. for Failing to take Precautions During Asbestos Removal; Penalties Exceed $127,000
Additionally, six record-keeping violations and one other-than-serious asbestos violation were found. Proposed penalties total $127,600.
“Failing to take proper precautions when removing asbestos puts workers at risk for respiratory and other serious illnesses,” said Diane Turek, director of OSHA’s Chicago North Area Office in Des Plaines. “OSHA is committed to protecting workers on the job, especially when employers fail to do so.”
The violations include failing to determine the presence, location, and quantity of asbestos-containing or presumed asbestos-containing material; affix labeling and warning notices on asbestos-containing piping; provide a regulated area for asbestos removal operations; monitor employees and the work area for asbestos exposure during the removal process; and use a high-efficiency particulate air—or HEPA—vacuum to collect debris and dust during removal. Additionally, asbestos awareness training was not provided to employees performing the work and respirators were not used. Finally, the employer did not provide or require the use of protective clothing or a decontamination room or area for workers.
The record-keeping violations involve failing to properly complete the OSHA 300 and 301 injury and illness logs for 2008, 2009, 2010, and 2011. An other-than-serious citation was also issued for failing to make a copy of the agency’s asbestos standard and its appendices available to employees.
OSHA Cites Truck Wash for 14 Safety and Health Violations; Proposed Penalties Total More than $57,000
OSHA has cited Eagle United Truck Wash LLC, for 14 safety and health violations at its facility within the Flying J Truck Stop in Jackson, Georgia. Proposed penalties total $57,600 following a February inspection that was initiated based on a complaint.
Two repeat health violations, similar to violations cited in 2007, include failing to provide eye protection for workers using aluminum brightener and other corrosives, and provide access to an emergency eyewash station. One repeat safety violation, similar to a 2009 violation, is for allowing workers to conduct maintenance on equipment containing electrical and water sources without an energy control program.
Seven serious safety violations involve exposing workers to slipping hazards from a ceiling leak in the chemical mixing room, tripping hazards from large holes in the truck wash bay grates, fall hazards from failing to provide guardrails for employees working at heights in excess of 13 feet, lack of proper machine guards on equipment, having a damaged electrical outlet box in the chemical room, using a flexible cord instead of permanent wiring, and not having strain relief for an extension cord. Two serious health violations include failing to identify permit-required confined spaces when employees clean the inside of tanks and provide hazard communication training to employees on exposure to corrosive chemicals.
One other-than-serious safety violation is failing to cover low-voltage wiring for the switch control on the boiler and the wall heater, and one other-than-serious health violation is failing to develop a written respirator protection program. Neither violation carries any monetary penalties.
“The very same chemicals that do a great job cleaning metal can be dangerous to workers if used without the proper protections,” said William Fulcher, director of OSHA’s Atlanta-East Area Office.
Eagle United Truck Wash has corporate offices in Greenwood Village, Colorado, and has 13 locations in Alabama, Arizona, California, Colorado, Georgia, Illinois, Ohio, Pennsylvania, Texas, and Virginia.
MSHA Publishes Final Rule on Examinations in Underground Coal Mines
The US Department of Labor’s Mine Safety and Health Administration (MSHA) has published the final rule, “Examinations of Work Areas in Underground Coal Mines for Violations of Mandatory Health or Safety Standards.” The rule enhances miners’ health and safety by requiring mine operators to identify and correct hazardous conditions and violations of nine health and safety standards that pose the greatest risk to miners, including the kinds of conditions that led to the explosion at the Upper Big Branch Mine.
“Many of the same types of violations of mandatory health and safety standards are repeatedly found by MSHA inspectors in underground coal mines every year,” said Joseph A. Main, assistant secretary of labor for mine safety and health. “It is critically important for mine operators to take ownership of health and safety. By expanding the existing requirement that operators identify and correct hazardous conditions to include violations of these nine standards, a number of fatalities and injuries may be prevented.”
The nine standards address ventilation, methane, roof control, combustible materials, rock dust, equipment guarding, and other safeguards. They are consistent with the standards emphasized in MSHA’s “Rules to Live By” initiative and the types of violations cited in MSHA’s accident investigation report on the Upper Big Branch Mine explosion as contributing to the cause of that deadly accident.
The rule requires that, during pre-shift, supplemental, on-shift, and weekly examinations, underground coal mine operators must, in addition to examining for hazardous conditions as in the existing regulations, record the actions taken to correct the conditions and violations. Operators also must review with mine examiners, on a quarterly basis, citations and orders issued in areas where pre-shift, supplemental, on-shift, and weekly examinations are required. The rule was proposed in December 2010, and five public hearings were held in June and July 2011. Mine operators are currently required by law to conduct these examinations; the final rule will ensure that such examinations are maximally effective in preventing injuries and fatalities by requiring operators to examine and fix violations of those standards that represent the greatest risk to underground coal miners.
“As we’ve said so many times before, MSHA cannot be at every mine every day,” Main added. “This rule places mine operators in a proactive—rather than reactive—role by requiring them to conduct examinations to identify a potentially hazardous condition before it results in a danger to miners.”
In 2010, MSHA cited approximately 173,000 violations, of which approximately 80,000 were attributable to underground coal mines, even though these mines represent just 4% of all mines.
MSHA launched Rules to Live By, an outreach and enforcement program designed to strengthen efforts to prevent mining fatalities, in February 2010. The first phase was focused on spotlighting the safety and health standards most frequently cited during fatal accident investigations. Rules to Live By II, which began in November 2010, reviewed accidents that resulted in five or more fatalities, as well as incidents caused by fires or explosions that had the potential to result in more fatalities. Rules to Live By III, initiated in January, 2012, focuses on 14 safety standards associated with violations contributing to at least five mining accidents and at least five deaths during a recent 10-year period.
OSHA Announces New NEP for Nursing and Residential Care Facilities
. OSHA develops NEPs to focus outreach efforts and inspections on specific hazards in an industry for a three-year period. Through this NEP, OSHA will target nursing homes and residential care facilities in an effort to reduce occupational illnesses and injuries.
In 2010, according to the department’s Bureau of Labor Statistics, nursing and residential care facilities experienced one of the highest rates of lost workdays due to injuries and illnesses of all major American industries. The incidence rate for cases involving days away from work in the nursing and residential care sector was 2.3 times higher than that of all private industry as a whole, despite the availability of feasible controls to address hazards. The data further indicate that an overwhelming proportion of the injuries within this sector were attributed to overexertion as well as to slips, trips, and falls. Taken together, these two categories accounted for 62.5% of cases involving days away from work within this industry in 2010. For this NEP, OSHA will target facilities with a days-away-from-work rate of 10 or higher per 100 full-time workers.
“These are people who have dedicated their lives to caring for our loved ones when they are not well. It is not acceptable that they continue to get hurt at such high rates,” said Dr. David Michaels, assistant secretary of labor for occupational safety and health. “Our new emphasis program for inspecting these facilities will strengthen protections for society’s caretakers.”
Health care workers face numerous serious safety and health hazards, and the NEP will provide guidance to OSHA compliance staff on the policies and procedures for targeting and conducting inspections specifically focused on the hazards associated with nursing and residential care. These hazards include exposure to blood and other potentially infectious material; exposure to other communicable diseases such as tuberculosis; ergonomic stressors related to lifting patients; workplace violence; and slips, trips, and falls. Workers also may be exposed to hazardous chemicals and drugs.
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