The online form will provide workers who have been retaliated against an additional way to reach out for OSHA assistance online.
"The ability of workers to speak out and exercise their rights without fear of retaliation provides the backbone for some of American workers' most essential protections," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "Whistleblower laws protect not only workers, but also the public at large and now workers will have an additional avenue available to file a complaint with OSHA."
Currently, workers can make complaints to OSHA by filing a written complaint or by calling the agency's 1-800-321-OSHA (6742) number or an OSHA regional or area office.
The new online form prompts the worker to include basic whistleblower complaint information so they can be easily contacted for follow-up. Complaints are automatically routed to the appropriate regional whistleblower investigators. In addition, the complaint form can also be downloaded and submitted to the agency in hard-copy format by fax, mail, or hand-delivery. The paper version is identical to the electronic version and requests the same information necessary to initiate a whistleblower investigation.
Detailed information on employee whistleblower rights, including fact sheets and instructions on how to submit the form in hard-copy format, is available online.
Did You Miss OSHA’s December 1 GHS HazCom Training Deadline: Use Environmental Resource Center’s GHS OSHA Hazard Communication Training PowerPoint
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 is designed to cover your site’s GHS Hazard Communication training requirements, is in a format that is easy to understand.
Pricing and options:
Multiple PDF copies can be purchased for $99/copy (1–10); $79/copy (11–20); or $69/copy (21+).
Multiple copies can be purchased for $199/copy (1–10), $179/copy (11–20), or $169/copy (21+).
Additional 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
*Call 800-537-2372 for Spanish pricing
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 safety data sheets.
OSHA Seeks Comment on Agency Standards to Improve Chemical Safety
OSHA recently announced a request for information seeking public comment on potential revisions to its Process Safety Management standard and related standards, as well as other policy options to prevent major chemical incidents.
The agency also asks for information and data on specific rulemaking and policy options, and the workplace hazards they address. OSHA will use the information received in response to this RFI to determine what actions, if any, it may take.
After publication of the RFI in the Federal Register, the public will have 90 days to submit written comments.. Comments may also be submitted by mail or facsimile.
Cary, NC HAZWOPER Training
Cleveland RCRA and DOT Training
Raleigh RCRA, DOT, IATA/IMO, and SARA Training
California Delists Chemicals Formerly Thought to Cause Reproductive Toxicity
Effective December 13, 2013, the California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) is removing tert‑amyl methyl ether, 2-ethylhexanoic acid, ethyl-tert-butyl ether, p,p’‑oxybis(benzenesulfonyl hydrazide) and 1,3,5-triglycidyl-s-triazinetrione from the list of chemicals known to the State to cause reproductive toxicity for purposes of Proposition 651. Tert-amyl methyl ether and ethyl-tert-butyl ether were added to the list on December 18, 2009, and 2-ethylhexanoic acid, p,p’‑oxybis(benzenesulfonyl hydrazide) and 1,3,5-triglycidyl-s-triazinetrione were added to the list on August 7, 2009.
Based on changes to certain federal regulations that affect the bases for the original listings, OEHHA referred these chemicals to the Developmental and Reproductive Toxicant Identification Committee (DART IC) for reconsideration. In its official capacity as the “state’s qualified experts” at a public meeting held on November 21, 2013, the DART IC determined that the five chemicals have not been clearly shown, through scientifically valid testing according to generally accepted principles, to cause reproductive toxicity and should be removed from the list. Regulations governing the listing of chemicals by the DART IC are set out in Title 27, California Code of Regulations, section 25305(b)(1).
Long Island Contractor Repeatedly Exposes Workers to Falls, Faces $460,000 Fine
"The sizable fines proposed reflect the ongoing failure and refusal by this employer to provide basic safeguards for its employees. Workers have repeatedly been exposed to deadly or disabling falls and crushing injuries," said Anthony Ciuffo, OSHA's Long Island area director. "In this case, workers were exposed to falls of more than 26 feet. Falls are the leading cause of death in construction work and can be prevented by adhering to basic, common sense and legally required safeguards."
OSHA's Long Island Area Office opened an inspection at the work site on March 31 under its local emphasis program aimed at preventing falls in the construction industry. The inspection identified numerous fall and scaffolding hazards, many of which were similar to those cited during previous OSHA inspections of five other Painting & Decorating work sites during the past several years.
The recurring hazards include not having the scaffold self-inspected for defects by a competent person during scaffold erection and before workers began to work on the scaffold. An inspection would have identified hazards such as missing cross bracing and planks; no safe means for workers to access the scaffold; lack of fall protection for the employees working on the scaffold; scaffold not restrained against tipping; lack of protective helmets; and no protection to prevent objects from falling onto workers from the scaffold.
These conditions resulted in the issuance of 10 repeat citations with $429,660 in fines. A repeat violation exists when an employer has been cited previously for the same or a similar violation of a standard, regulation, rule or order at any of its facilities in federal enforcement states within the last five years. Between 2008 and 2010, OSHA cited the company for similar hazards at work sites in Kings Point, Great Neck and Forest Hills.
OSHA's inspectors also identified new hazards, including a lack of fall protection for workers erecting the scaffolding; scaffold erected on unsound footing; workers climbing the scaffold's cross bracing during erection; and lack of eye protection. These hazards resulted in the issuance of five serious citations with $30,690 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.
"Employers can enhance safety in the workplace and prevent hazards from occurring by implementing an effective illness-and-injury prevention program where they work with employees to identify, address and eliminate hazards proactively," said Robert Kulick, OSHA's regional administrator in New York.
Due to the nature and severity of violations, Painting & Decorating, Inc., has been placed in OSHA's Severe Violator Enforcement Program, which mandates targeted follow-up inspections to ensure compliance with the law. OSHA's SVEP 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 if it has reasonable grounds to believe there are similar violations.
It was developed in partnership with the National Institute of Occupational Safety and Health and NIOSH's National Occupational Research Agenda program.
Uncorrected and Recurring Hazards Land New York Manufacturer $131,600 Fine
The failure of a Victor-based optical equipment manufacturer to correct serious safety hazards has resulted in $131,600 in additional fines from OSHA.
"Employers must understand that they cannot ignore their responsibility to provide safe working conditions for their employees and to correct hazards when identified. Ignoring OSHA citations means that employees remain at risk of serious injury or even death," said Christopher Adams, OSHA's area director in Syracuse. "These large, additional fines are the direct result of this employer's lack of action."
OSHA proposed $16,100 in fines for those violations. OSHA began a follow-up inspection in June after the company failed to respond to the citations or submit proof that it had corrected the cited hazards.
The follow-up inspection found that six specific hazards remained uncorrected. These include unguarded moving machine parts; no procedures to prevent the unintended startup of machinery during maintenance; unapproved use of electrical equipment; excess pressure for a compressed air hose used for cleaning; and not providing workers with fire extinguisher training. These conditions resulted in OSHA issuing six failure-to-abate notifications to Wordingham, with $126,000 in fines. OSHA also issued a repeat citation, carrying a $5,600 fine, for a locked exit door, a condition similar to one that had been cited in the previous inspection.
A failure-to-abate notice applies to a condition, hazard, or practice for which the employer was originally cited and, upon reinspection, was found uncorrected.
Illinois Central Railroad Faces $110,500 Fine for Exposing Workers to Lead
OSHA began its inspection May 29 after it observed workers without the necessary safety and health protection while conducting demolition operations on a bridge that was coated with lead-based paint. The bridge spanned South Lock Street near Archer Avenue in Chicago.
"It was unacceptable that Illinois Central Railroad Co., failed to follow safety and health standards that protected workers from the known hazards of lead exposure," said Gary Anderson, OSHA's area director in Calumet City. "Lead exposure can result in long-term health effects and can be minimized by taking proper precautions."
Illinois Central Railroad Co., is a wholly owned subsidiary of Canadian National Railway, headquartered in Montreal. Illinois Central Railroad provides rail service throughout Wisconsin, Illinois, Minnesota, and Canada.
The one willful violation was cited for failing to conduct initial monitoring of employees for lead exposure. A willful violation is one committed with intentional, knowing, or voluntary disregard for the law's requirements, or plain indifference to employee safety and health.
Additionally, six serious violations were cited for failing to provide appropriate respiratory protection and protective clothing; not providing changing areas and storage for street clothes to prevent lead contamination and the transfer of lead from the job site to home; lack of hand-washing stations; and allowing consumption of food and drink in work areas where lead may be present. The company was also cited for failing to utilize engineering controls, including water misting, long-handled torches, and ventilation systems to reduce employees' exposure to lead.
New Jersey Pyrotechnics Company Cited for 12 Safety Violations, Fined $48,300
OSHA has cited pyrotechnics manufacturer and fireworks display firm Garden State Fireworks for 12 safety violations at the company's 383 Carlton Road facility in Millington. OSHA's inspection began in May under its Process Safety Management Covered Chemical Facilities National Emphasis Program, and it resulted in $48,300 in proposed fines.
Eleven serious violations included the employer's failure to:
- Compile process safety information on the dangers of highly hazardous chemicals, technology, and equipment
- Keep records showing employee training
- Provide effective training to employees required to use respirators and chemicals
- Establish and implement written procedures to maintain the integrity of process equipment
- Provide a written respiratory program
- Provide a medical evaluation for workers required to use respirators
- Develop and implement a written hazard communication program, plan of action regarding the implementation of employee participation, and operating procedures for conducting activities safely in each covered process
- Perform an initial process hazard analysis and perform inspections and tests on process equipment to maintain mechanical integrity
- Properly guard a radial saw
- Develop an emergency plan for the plant and ensure exits discharged directly outside or to a street
- Fit test workers required to use a tight-fitting facepiece respirator
"Ensuring that proper safety precautions are in place is crucial for workers who handle pyrotechnics," said Kris Hoffman, director of OSHA's Parsippany Area Office. "Employers are responsible for keeping everyone safe on the job and taking appropriate measures to protect workers from serious injuries or death."
One other-than-serious violation, which carried no penalty, was for failure to provide Appendix D training to workers wearing respirators on a voluntary basis. 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.
Louisiana Cellular Tower Company Cited Following Worker Fatality
Custom Tower, LLC, of Scott, Louisiana, has been cited by OSHA for one willful safety violation following the death of a worker who fell approximately 125 feet while attempting to install a microwave dish on a cellular tower along Highway 149 in Louise. OSHA initiated the August inspection in response to the fatality.
"This preventable tragedy underscores the legal responsibility of employers to follow OSHA standards and procedures to ensure workers use fall protection equipment correctly," said Clyde Payne, director of OSHA's Jackson Area Office. "Employers must ensure a safe and healthful workplace for their workers."
The willful violation involves the employer failing to ensure that workers wore and used fall protection equipment properly while working from heights greater than 6 feet.
Custom Tower, LLC, designs, manufactures, installs, and repairs cellular towers. Proposed penalties total $50,400.
Aldridge Electric Faces Fine after Heat-Related Worker Death
OSHA has cited Aldridge Electric, Inc., for one serious safety violation following the June 25 death of a 36-year-old worker who developed heat stroke at a job site in Chicago. The company was installing electrical conduit in an uncovered trench on the Chicago Transit Authority's Dan Ryan Red Line project when the worker became ill on his first day on the job.
"This worker died from heat stress on his first day on the job. This tragedy underscores the need for employers to ensure that new workers become acclimated and build a tolerance to working in excessive heat with a program of water, rest, and shade," said Dr. David Michaels, assistant secretary of labor for occupational safety and health. "A worker's first day on the job shouldn't be the last day of their life."
OSHA's investigation found that Aldridge Electric did not implement an adequate and effective heat stress program and failed to ensure a newly employed worker was acclimatized to effects of heat and physical exertion. The worker was carrying heavy electrical conduit piping in nonshaded conditions when he collapsed on the job site. He died from his illness the following day.
The serious violation was cited for failing to implement an adequate and effective heat stress program.
The application displays a risk level for workers based on the heat index, as well as reminders about protective measures that should be taken at that risk level.
Proposed penalties total $7,000. Aldridge Electric, based in Libertyville, Illinois, is a specialty electrical contractor that employs nearly 750 workers nationwide.
MIOSHA Urges Employers to Put Worker Safety First During the Holiday Season
During the holiday season, the Michigan Occupational Safety and Health Administration (MIOSHA) is encouraging employers and workers to renew their commitment to a safe and healthful work environment.
Employers have a legal obligation to provide a safe and healthy work environment for employees. MIOSHA, which is part of the Michigan Department of Licensing and Regulatory Affairs (LARA) urges proactive attention to safety and health diligence in all workplaces. Employee input and active participation is also critical to a successful workplace safety plan.
LARA Deputy Director Stephanie Comai said the holiday season is a good time for employers and employees to review their safety efforts.
“We encourage employers and workers to give families the best holiday gift by ensuring that all workers are sent home safe and unharmed for the holiday,” said Comai, “There is no better way to recognize workers than by protecting their safety through a comprehensive and effective safety plan at every job site. When companies include workplace safety and health in their corporate strategy-they not only protect their workers, they also produce better products and add greater value to our economy."
The MIOSHA Consultation Education and Training (CET) Division has consultants available to provide employers with assistance in creating safety and health systems, developing accident prevention programs, and implementing long-term safety and health solutions. Companies can call the CET Division at 517-322-1809 for consultation services, training opportunities, seminar dates and locations, and any other safety and health needs.
Fatal accidents can be prevented when employers develop and implement safety and health management systems. These systems include not only following MIOSHA rules, but emphasize the need for ongoing strong leadership support, employee involvement, worksite monitoring, and training. Effective worker safeguards must be applied at every jobsite.
MIOSHA recognizes employers with exemplary workplace safety and health systems. These top Michigan employers, with a strong commitment to protecting their workers, report not only reductions in injuries and illnesses, but important positive bottom line benefits that increase profitability and competitiveness, including:
- Lower workers' compensation costs
- Increased productivity
- Increased employee morale
- Lower absenteeism and employee turnover
Federal OSHA estimates that for every $1 invested in workplace safety and health efforts, employers see a $4 to $6 return. And that just makes good business sense, because the direct costs of workplace accidents are nearly $40 billion dollars each year. Liberty Mutual estimates that businesses pay a staggering $150 to $230 billion on workers compensation losses annually.
"The MIOSHA program is dedicated to protecting the safety and health of Michigan's working men and women," said MIOSHA Director Martha Yoder. "We are ready to partner with any Michigan employer or organization to increase safety and health awareness and encourage the use of all available resources, including MIOSHA outreach services, to provide a safe and healthy work environment."
So far in 2013, there have been 24 MIOSHA-related worker deaths. Last year there were 27 MIOSHA-related deaths in Michigan. 2009 saw the lowest number with 24. “Our mutual goal must be that every employee goes home at the end of their shift every day,” added Yoder.
In addition, the MIOSHA website highlights Michigan workplaces that have been recognized for their outstanding efforts to protect workers.
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