The first day on the job for a new employee ended tragically when the 21-year-old man suffered severe burns and the loss of four fingers on his right hand as he tried to clear a jam in a plastic molding machine. The man had been working for a few hours when the incident occurred at an Elyria, Ohio manufacturer.
A willful violation is one committed with intentional, knowing or voluntary disregard for the law’s requirement, or with plain indifference to worker safety and health. 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.
OSHA inspectors found the company failed to train the employee about safety requirements that protect workers from machine hazards.
The company, which manufactures bottles, golf tees and other plastic items, faces proposed penalties of $171,270 and was placed in OSHA's Severe Violator Enforcement Program following the investigation of the March 2 injury. The agency cited Quality Blow Molding for similar hazards in 2010 and 2014 at the same facility.
"A preventable and unforgivable injury has changed this young man's life," said Kimberly Nelson, OSHA's area director in Toledo. "For the second time in two years, Quality Blow Molding intentionally and willfully disregarded OSHA standards and requirements for machine safety."
In addition, the company did not train workers on safety procedures or install machine guards on horizontal lathes.
The NEP has been in existence since 2006 and is targeted to industries with high numbers and rates of amputations. In this updated NEP, OSHA is using current enforcement data and Bureau of Labor Statistics injury data to assist with site selection targeting, the same methodology used in the prior NEP.
According to the most recent Bureau of Labor Statistics data, manufacturing employers report that 2,000 workers suffered amputations in 2013. The rate of amputations in the manufacturing sector was more than twice as much (1.7 per 10,000 full-time employees) as that of all private industry (0.7). These serious injuries are preventable by following basic safety precautions.
The NEP includes a list of industries with high numbers and rates of amputations as reported to BLS.
"Workers injured from unguarded machinery and equipment can suffer permanent disability or lose their lives," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "This directive will help ensure that employers identify and eliminate serious workplace hazards and provide safe workplaces for all workers."
OSHA's inspections over the past 40 years indicate that employee exposures to unguarded or inadequately guarded machinery and equipment, along with related hazardous energy exposures during servicing and maintenance activities, occur in many workplaces.
This directive updates the 2006 NEP on Amputations and applies to general industry workplaces in which any machinery or equipment likely to cause amputations are present. Inspections will include an evaluation of employee exposures during operations such as: clearing jams; cleaning, oiling or greasing machines or machine pans; and locking out machinery to prevent accidental start-up.
Employers must now report fatalities within eight hours of learning of the incident and any in-patient hospitalization, amputation, or loss of an eye within 24 hours of learning of the incident. Employers will soon be able to report events electronically through OSHA's website.
New Exclusions for Solvent Recycling and Hazardous Secondary Materials
EPA’s new final rule on the definition of solid waste creates new opportunities for waste recycling outside the scope of the full hazardous waste regulations. This rule, which went into effect on July 13, 2015, streamlines the regulatory burden for wastes that are legitimately recycled.
The first of the two exclusions is an exclusion from the definition of solid waste for high-value solvents transferred from one manufacturer to another for the purpose of extending the useful life of the original solvent by keeping the materials in commerce to reproduce a commercial grade of the original solvent product.
The second, and more wide-reaching of the two exclusions, is a revision of the existing hazardous secondary material recycling exclusion. This exclusion allows you to recycle, or send off-site for recycling, virtually any hazardous secondary material. Provided you meet the terms of the exclusion, the material will no longer be hazardous waste.
Learn how to take advantage of these exclusions at Environmental Resource Center’s live webcast where you will learn:
- Which of your materials qualify under the new exclusions
- What qualifies as a hazardous secondary material
- Which solvents can be remanufactured, and which cannot
- What is a tolling agreement
- What is legitimate recycling
- Generator storage requirements
- What documentation you must maintain
- Requirements for off-site shipments
- Training and emergency planning requirements
- If it is acceptable for the recycler to be outside the US
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.
Houston RCRA and DOT Training
Nashville RCRA and DOT Training
Columbus RCRA and DOT Training
California Lists Teriparatide as Carcinogen
The Office of Environmental Health Hazard Assessment (OEHHA) listed teriparatide (CAS No. 52232-67-4) to the list of chemicals known to the state to cause cancer for purposes of Proposition 651. This addition became effective August 14, 2015.
The listing of teriparatide is based on a formal requirement a federal agency that the chemical be identified or labeled as causing cancer as provided under Proposition 65. Teriparatide has been identified or labeled to communicate a risk of cancer in accordance with formal requirements by the US Food and Drug Administration. Regulations governing the listing of chemicals under the “formally required to be labeled or identified” mechanism are published in Title 27, California Code of Regulations, section 25902.
Inzi Controls Inc. Cited for Exposing Workers to Amputation Hazards
OSHA issued the employer one repeated and one serious safety citation. The repeated citation was issued for failing to develop procedures to prevent machinery from starting up during maintenance and servicing. This employer was previously cited for similar violations in December 2014. An OSHA violation is serious if death or serious physical harm could result from a hazard an employer knew or should have known exists.
"Management is well aware of the dangers these hazards pose, yet they have done nothing to remove them from the workplace. OSHA will continue to enforce its standards and use all available resources to protect workers," said Joseph Roesler, OSHA's director of the Mobile Area Office.
Proposed penalties total $45,500.
Illinois Construction Companies Face Nearly $2 Million in Fines for Exposing Workers to Asbestos
As they did the hard work of removing floor tiles, insulation, and other materials at what was once an elementary school, employees of two Illinois companies were unaware that they were exposed to deadly asbestos fibers.
Kehrer Brothers and Joseph Kehrer face $1,792,000 in penalties for willfully exposing at least eight workers to asbestos. OSHA inspectors determined that Kehrer and supervisors of the Albers, Illinois-based company told employees to remove asbestos-containing materials during renovation of the former Okawville school.
Many of the workers came to the US to work for Kehrer under the provisions of the H-2B visa program that allows companies to hire foreign workers temporarily. The investigation also found the Kehrer management threatened some workers with termination if they spoke with OSHA inspectors.
"Kehrer Brothers Construction brought non-English speaking workers to the US and knowingly exposed them to asbestos," said Dr. David Michaels, assistant secretary of labor for occupational safety and health. "Kehrer also threatened to fire his employees if they spoke with our investigators. This is outrageous, illegal behavior. We at OSHA will do everything in our power to ensure this employer stops endangering his employees."
On August 10, OSHA cited Kehrer and Kehrer Brothers for 16 egregious, nine willful, and six serious violations. OSHA inspectors also found that Kehrer and the companies failed to warn employees, some of whom spoke only Spanish, of the danger—even though they were aware of the asbestos hazard. They also failed to ensure that workers used appropriate work methods and respirators, and to train them about the hazards of working around asbestos.
Asbestos exposure occurs when workers cut and sand asbestos-containing building materials, releasing asbestos fibers that can be inhaled without proper protection. Asbestos can cause lung disease and mesothelioma, a cancer of the lining of the lung or stomach that is nearly always fatal. Asbestos fibers also remain on clothing and transfer to other surfaces such as upholstery and carpets, creating a danger of secondary exposure for others.
In its citations, OSHA alleges that Kehrer and Kehrer Brothers Construction failed to:
- Provide basic personal protective equipment such as hard hats, eyewear, and protective clothing
- Create a decontamination area for employees to remove work clothing before leaving the worksite
- Use appropriate work methods to minimize asbestos exposure, such as removing tiles intact and using wet methods to keep asbestos fibers from becoming airborne
OSHA also cited D7 Roofing for one serious and two willful violations. The willful violations were for not training the workers or informing them about the presence of asbestos-containing material. The serious violation was for failing to conduct inspections as required by law. Proposed penalties total $147,000.
Following its investigation, OSHA made referrals to the EPA and the US Small Business Administration.
Kehrer Brothers Construction has an extensive prior history with OSHA and has been inspected 11 times since 2007. At the time of the 2015 inspection, Kehrer Brothers Construction and D7 had workers' compensation insurance through American Zurich Insurance Co.
Proposed Updates of California’s Public Health Goals for Carbofuran, Diquat, Endrin, Picloram, and Thiobencarb
California’s Office of Environmental Health Hazard Assessment (OEHHA) of the California Environmental Protection Agency (CalEPA) announced the availability of a draft technical support document for proposed updates of the Public Health Goals (PHGs) for carbofuran, diquat, endrin, picloram, and thiobencarb in drinking water.
This draft document presents updates of these PHGs, originally published in 2000, 2000, 1999 (updated in 2008), 1997, and 2000, respectively. The updates consider recent toxicological literature and incorporate updated methodologies. The methodologies include the use of updated water consumption rates, factors to account for variability between individuals, and, when appropriate, benchmark dose modeling and improved estimates of dermal and inhalation exposures.
PHG technical support documents provide information on the health effects of contaminants in drinking water. A PHG is defined as the level of a contaminant in drinking water at which adverse health effects are not expected to occur from a lifetime of exposure. The California Safe Drinking Water Act of 1996 requires OEHHA to develop PHGs based exclusively on public health considerations. PHGs published by OEHHA are considered by the State Water Resources Control Board of CalEPA in setting drinking water standards (California Maximum Contaminant Levels, or California MCLs).
OEHHA is soliciting comments on the draft document during a 45-day comment period. The Office will also hold a public workshop on September 28, 2015, at the California Environmental Protection Agency Headquarters Building, 1001 I Street, Sacramento, California, 95814, Training Room 2, from 1:00 p.m. to 3:00 p.m., or until business is concluded. OEHHA follows the requirements set forth in Health and Safety Code Sections 57003(a) and 116365 for conducting the workshop and receiving public input.
The workshop is provided to enable a dialogue between OEHHA scientists and the public, to discuss the scientific basis of the proposed PHG updates, and to receive comments. After the public workshop, OEHHA will submit the draft risk assessment for external scientific peer review.
Following the workshop and external scientific peer review, OEHHA will evaluate all of the comments received, revise the draft document as appropriate, and make it available for a 30-day comment period. After any subsequent revisions, the final document will be posted on the OEHHA web site along with responses to the external peer review comments and to major comments received at the workshop and during the two public comment periods.
Case Farms Processing Fined $861,000 for Exposing Workers to Amputations, Electrocution, and Fall Hazards
For employees at a leading supplier of chicken to national fast food and supermarket brands, the dangers of amputation, electrocution, and hazardous falls are all in a day's work, and part of their employer's long history of violating federal worker safety and health standards.
An OSHA investigation of an Ohio poultry processing facility operated by Case Farms Processing, Inc., found that the company was aware of the dangers, but continued to expose workers to serious and potentially fatal injuries.
Acting on a referral, OSHA cited the company on August 13 for two willful, 20 repeat, 30 serious, and three other-than-serious safety and health violations.
"Case Farms is an outrageously dangerous place to work. In the past 25 years, Case Farms has been cited for more than 350 safety and health violations," said Dr. David Michaels, assistant secretary of labor for occupational safety and Health. "Despite committing to OSHA that it would eliminate serious hazards, Case Farms continues to endanger the safety and health of its workers. This simply must stop."
The February 2015 inspection that resulted in the August 13 citations found:
- Amputation hazards
- Lack of personal protective equipment
- Numerous violations of electrical safety standards
- Improperly stored oxygen cylinders
- Lack of emergency eye-wash stations
Case Farms has an extensive history of health and safety violations. Since 1988, OSHA and the Occupational Safety and Health Division of North Carolina's Department of Labor have inspected the company 66 times at its facilities in North Carolina and Ohio, with citations issued in 42 of those inspections. A majority of the inspections were initiated after worker injuries, complaints, or referrals.
However, follow up inspections led to the issuance of citations on May 28, 2015, for one willful violation, four repeat violations, one serious violation, and one other-than-serious violation. The hazards addressed by those citations include failing to ensure machines had safety guards to protect workers and allowing electrical hazards. Case Farms has contested those citations. In addition, OSHA is currently investigating Case Farms facilities in Canton, Ohio, after receiving reports of employee injuries there.
Headquartered in Troutman, North Carolina, Case Farms Processing processes 2.8 million chickens per week at seven facilities in North Carolina and Ohio. It has more than 3,200 employees and produces more than 900 million pounds of fresh, partially cooked and frozen-for-export poultry products yearly. Its Ohio facilities are located in Canton, Strasburg, Massillon and Winesburg. In North Carolina, Case Farms operates in Dudley, Goldsboro, Mount Olive, and Morganton.
Cal/OSHA Cites ExxonMobil $566,600 for Torrance Refinery Explosion
The proposed penalties total $566,600.
Eighteen of the citations were classified as serious due to a realistic possibility of worker death or serious injury. Six of these serious violations were also classified as willful because Cal/OSHA found that Exxon did not take action to eliminate known hazardous conditions at the refinery and intentionally failed to comply with state safety standards. ExxonMobil has 15 working days to appeal the citations to the Occupational Safety and Health Appeals Board.
“Petroleum refineries have the responsibility to keep workers safe, and to also protect nearby communities and the environment,” said Christine Baker, Director of the Department of Industrial Relations (DIR). “This investigation revealed severe lapses in Exxon’s safety protocols.” Cal/OSHA is a division of DIR.
The blast on February 18 was the result of a hydrocarbon release from the refinery’s fluid catalytic cracker (FCC) unit into its electrostatic precipitator (ESP). The hydrocarbons ignited inside the ESP, causing the unit to explode. Eight workers were decontaminated after the incident, and four were sent to hospitals for treatment of minor injuries. Cal/OSHA’s investigation concluded the following:
- A 2007 safety review uncovered concerns about flammable vapor leakage in the ESP. Management knew of potential fire or explosion hazards as a result of the leakage, and failed to correct the danger.
- Exxon’s incident response team, which included ExxonMobil senior management, was aware of a leaking spent slide valve on the FCC unit before the accident occurred.
- The FCC unit had not been working properly for as many as nine years prior to the incident. There was no functional pressure transmitter and as a result, ExxonMobil was unable to monitor hydrocarbon pressure buildup in the unit.
- There was no written operating procedure for placing the FCC unit in hot standby, which is a state between startup and shutdown that can be compared to working on an idling car.
Cal/OSHA issued an order prohibiting use of the FCC unit on February 18, and that order remains in effect until ExxonMobil can demonstrate that the unit is safe to operate.
Cal/OSHA has investigated ExxonMobil’s Torrance facility twice in the last five years for accident-related incidents that resulted in serious workplace injuries in 2011. On March 29, 2011, a refinery operator was working on the FCC unit, attempting to shut down a failed pump when a motor in the pump suffered mechanical failure and exploded. The worker suffered a fractured jaw and lost six teeth in the accident. The other accident in September 2011 did not occur in the FCC unit. Cal/OSHA issued three serious and five general citations in those cases.
The proposed changes include damage mechanism reviews (DMRs), employee participation, safeguard protection analysis, and hazard control analysis.
“Cal/OSHA is working closely with other members of the Governor’s Interagency Refinery Task Force toward more protective refinery safety regulations,” said Cal/OSHA Chief Juliann Sum. “Improved regulations and coordinated interagency inspections will reduce risks that can lead to serious accidents.”
Health and safety standards enforced by the PSM Unit, including adequate employee training, are intended to prevent catastrophic explosions, fires, and releases of dangerous chemicals.
Lifefleet LLC Fined $235,800 for Failing to Protect Workers from Infection and Disease
Emergency ambulance workers must concern themselves first with the needs of the people who depend on them. Employees working at a North Lima medical transport company also had to worry about the dangers of infection and disease because their employer failed to protect them.
OSHA inspectors found that Lifefleet, LLC, did not properly protect employees who transport patients from exposure to blood and other bodily fluids. Exposure may lead to serious diseases, such as hepatitis or human immunodeficiency.
Proposed penalties total $235,800,
“Workers risking exposure to bloodborne pathogens must have clean clothing, personal protective equipment and be medically evaluated when an exposure occurs,” said Howard Eberts, OSHA’s area director in Cleveland. “Failing to protect workers from pathogens that can cause life-threatening diseases is unacceptable. As a medical service provider, Lifefleet should be setting the standard in employee protection—not ignoring it.”
Inspectors found Lifefleet did not protect workers from bloodborne pathogens by:
- Failing to clean, launder or dispose of personal protective equipment and clothing at no cost to employees
- Not ensuring medical evaluations and procedures, including blood tests, were made available quickly to employees after an exposure
- Not providing employees with the results of post exposure evaluation tests
- Failing to train workers on health hazards and precautions to prevent exposure
OSHA determined that Lifefleet did not require employees to use gloves and facemasks when contacting infectious materials. The company failed to train workers about hazardous workplace chemicals, and did not review and update the exposure control plan annually. It also failed to establish and maintain a sharps injury log,
Inspectors also found the company exposed workers to slip and fall hazards from standing water in the ambulance bay and obstructed exit routes.
FWD/Seagrave Apparatus Exposed Workers to Amputation and Fall Hazards
- The willful violation was for not having guards in place, exposing workers to the operating parts of press brakes.
- The serious violation was for exposing employees to fall hazards of about 12 feet from working on top of trucks.
- Investigators also found that potable water was not available at all work sites.
"Fire trucks play an important role in keeping people safe—but the workers manufacturing these trucks were placed in harm's way because their employer didn't have safety guards to protect them from moving machine parts," said Robert Bonack, OSHA's area director in Appleton. "Thousands of workers suffer lacerations, amputations and fractures each year because they're injured by operating machinery."
Proposed penalties total $77,000.
Bigston Corporation Exposes Workers to Respiratory, other Hazards
The serious violations include:
OSHA issued two other-than-serious violations to the company for failing to post the annual injury and illness summary and not requiring employees to wear safety glasses.
"Thousands of workers are harmed by chemicals in the workplace every year. Proper respiratory protection can minimize their exposure and reduce the likelihood of illness," said Angeline Loftus, OSHA's area director for the Chicago North Office in Des Plaines. "Bigston Corporation needs to review its programs to keep its workers safe."
Proposed penalties total $44,800.
Wanzek Construction Fined after Worker Dies at Wind Energy Site
The worker, who was not wearing a safety restraint, was operating a 90-ton rough terrain crane when it slipped into a ditch, overturned, and crushed him as it rolled off an embankment. He had been employed on the jobsite for only about 10 days.
Wanzek Construction was working on the Prairie Breeze Wind Energy Center for Invenergy near Elgin, Nebraska, when the incident occurred.
"At the beginning of each shift, construction vehicles in use must be inspected to ensure that they are in safe operating condition. This includes ensuring that vehicle restraint systems are in place and utilized by employees to ensure their safety when operating the vehicles," said Darwin Craig, OSHA's acting area director in Omaha. "Crushing and struck-by hazards are still one of the leading causes of construction-related incidents resulting in fatalities in the industry."
Proposed penalties total $7,000.
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