Your Workers are Dying on the Job and It has to Stop

These were the words of Jordan Barab, OSHA’s Deputy Assist Secretary for Occupational Safety and Health, in a speech last week to the National Petrochemical and Refiners Association. He pointed out that refiners learned too few lessons from the BP Texas City explosion in 2005. Since that incident, over 20 serious incidents in refineries across the country. Barab described a few of the recent incidents:

Barab proposed three concepts to save more workers’ lives:

• Effective process safety programs and strong workplace health and safety culture are critical for success in preventing catastrophic events
• Industry needs to learn from its mistakes. We know the major causes and we know the remedies. Systemic reform is needed now; and
• Numbers don’t tell the whole story. Focusing on low DART rates alone won’t protect you from disaster. New metrics are needed.

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Hexavalent Chromium Exposure Rule Goes Final

The rule revises a provision in OSHA’s Hexavalent Chromium standard that required workers be notified only when they experienced exposures exceeding the permissible exposure limit (PEL). Workers exposed to this toxic chemical are at greater risk for lung cancer and damage to the nose, throat, and respiratory tract.

Occupational exposures to hexavalent chromium can occur among workers handling pigments, spray paints, and coatings containing chromates, operating chrome plating baths, and welding or cutting metals containing chromium, such as stainless steel. Workers breathing hexavalent chromium compounds in high concentrations over extended periods of time may risk developing lung cancer, and/or have irritation or damage to the eyes and skin.

OSHA requested public comments on the revised requirement in a March 17, 2010, Direct Final Rule and accompanying Notice of Proposed Rulemaking. This was done in response to a Third Circuit Court’s decision that the agency failed to explain why it departed from the proposed rule that would require notifying workers of all hexavalent chromium exposures. The Agency received no significant adverse comments, therefore it is proceeding with the Direct Final Rule and withdrawing the accompanying Notice of Proposed Rulemaking.

OSHA Distributes Oil Spill Cleanup Safety Guides, Fact Sheets

OSHA is distributing thousands of safety guides and fact sheets to employees involved with the oil spill cleanup along the Gulf Coast.

The materials supplement OSHA-required training workers must receive before they can be hired to engage in the cleanup. In addition to English, the safety guides and fact sheets initially will be printed in Spanish and Vietnamese in recognition of the diverse population inhabiting the Gulf Coast region. They will be made available by BP’s education contractor, PEC, and OSHA officials at cleanup staging areas.

Secretary of Labor Hilda L. Solis is urging BP to hire local workers displaced by the oil spill, including fishermen and workers from the hospitality industry, many of whom have limited English proficiency.

“I’ve directed OSHA to work closely with BP to ensure training of cleanup employees is prompt, thorough and sufficient, and conducted in languages that the workers understand,” said Secretary Solis. “I also have directed OSHA to prepare and distribute supplementary materials in several languages so that cleanup workers can easily access the information they need to protect themselves and stay safe on the job. We want those looking for work to get jobs, but no job is good unless it is safe.”

Development of the safety guides and fact sheets has grown out of a partnership between OSHA and the National Institute of Environmental Health Sciences (NIEHS) to promote protective measures for Gulf Coast oil spill responders.

“We are pleased to join with our federal partners to assure that the health of emergency responders is not forgotten in the rush to protect the fragile Gulf Coast environment,” said Dr. Linda Birnbaum, director of NIEHS and the National Toxicology Program.

Training of cleanup employees is ongoing throughout the Gulf Coast region. OSHA has officials monitoring the training and observing the cleanup efforts that are already underway.

A one- to two-hour training course is required for employees who will only engage in general beach cleanup, such as removing trash and clean debris. For those employees coming into contact with “weathered oil” and “tar balls” on the shoreline or in marine operations, a four-hour training class is required. This training is provided for free. After completing a class employees will receive a card as proof of their training.

This preparation includes instruction on the makeup and risks associated with the hazardous material(s) involved, and experience with the equipment needed for the work, safety gear, and local environment.

“We have received reports that some are offering this training in significantly fewer than 40 hours, showing video presentations and offering only limited instruction,” said Assistant Secretary of Labor for OSHA Dr. David Michaels. “This training cannot be shortened to anything less than 40 hours.”

OSHA Bloodborne Review Looks at Standard’s Value in Protecting Workers

Healthcare and emergency personnel are workers regularly at risk of contracting diseases from exposures to bloodborne pathogens including hepatitis B and C and the human immunodeficiency viruses. OSHA issued a Bloodborne Pathogens standard in 1991 to protect healthcare workers from exposure to potentially infectious blood. 

OSHA is conducting this review in accordance with the Regulatory Flexibility Act. Part of the review involves evaluating public comments to determine whether the standard causes a burden to small businesses and industry in general, and if the costs for putting the standard into practice are necessary for protecting workers’ health. OSHA also considers if the standard conflicts with other federal, state, and local government rules, and whether advancements in technology and economic conditions have changed the risks of exposure to bloodborne pathogens. These factors will help the agency decide if the rule should change or remain the same.

Comments may be submitted electronically at http://www.regulations.gov, the Federal eRulemaking Portal. If submitting comments by mail, hand delivery or courier service, send to OSHA Docket Office, Docket No. OSHA-2007-0080, U.S. Department of Labor, Room N-2625, 200 Constitution Avenue, N.W., Washington, D.C. 20210. Submissions of 10 pages or less may be faxed to 202-693-1648. Comments must be postmarked by August 12, 2010.

HP Expands Recall of Notebook Computer Batteries Due to Fire Hazard

The U.S. Consumer Product Safety Commission, in cooperation with Hewlett-Packard Co., has announced a voluntary recall of 54,000 batteries used in HP and Compaq notebook computers (in addition to the 70,000 units that were previously recalled in May 2009). You should stop using recalled products immediately unless otherwise instructed by HP. It is illegal to resell or attempt to resell the batteries, which can overheat, posing a fire and burn hazard to consumers.

Since the May 2009 recall, HP has received 38 additional reports of batteries that overheated and ruptured resulting in 11 instances of minor personal injury and 31 instances of minor property damage.

The recalled lithium-ion rechargeable batteries are used with various model series of HP and Compaq notebook computers. The chart below includes all notebook model numbers associated with batteries recalled to date. The computer model number is located at the top of the service label on the bottom of the notebook computer. Not all batteries matching the bar codes are being recalled.

The computers were sold at computer and electronics stores nationwide, hp.com and hpshopping.com from August 2007 through July 2008 for between $500 and $3,000. The battery packs were also sold separately for between $100 and $160.

Immediately remove the batteries referenced above from notebook computers and contact HP to determine if your battery is included in this recall (even if the battery was previously checked). Consumers with recalled batteries will receive a free replacement battery.

Pipe Cleaning Practices that Led to Kleen Energy Explosion are Common Across Gas Energy Industry

The practice of using flammable natural gas to clean power plant piping, which led to the fatal explosion at Connecticut-based Kleen Energy on February 7, has been commonly used across the gas-fired power generating industry, CSB investigators have said.

The explosion, which killed six workers and injured at least 50 others, occurred during a “gas blow”—a planned effort to clean out new fuel-gas piping leading to combustion turbines by directing high-pressure natural gas through the pipes and out of vents located near ground level, adjacent to the power generation building. The gas accumulated above the lower explosive limit and ignited, causing massive damage to the new billion-dollar facility, which was nearing completion.

The ignition source for the blast has not been determined. CSB investigators said the construction site had many possible ignition sources, and that gas blows could also self-ignite if debris ejected from piping impacted other objects nearby, creating sparks—adding to the risk of the practice.

The plant was designed to use a combined cycle to efficiently generate electricity. In this type of facility, natural gas is combusted to drive massive turbines, and then residual heat is recovered from the exhaust gases to produce additional power through the use of steam turbines. Newly constructed pipes frequently have debris and other contaminants that can damage gas turbine blades, necessitating some form of pipe cleaning prior to start-up.

CSB investigators will present the new findings, derived from a survey of 62 representatives from the combined-cycle gas power industry, at professional society meetings in Maryland and Connecticut this week. Thirty-nine survey respondents (63%) indicated their companies had at some time used flammable natural gas to blow out piping. Only one of those 39 respondents said a flare was used to safely combust the gas prior to venting to the atmosphere.

According to the survey, using natural gas to clean pipes remains the most common single practice in industry, employed by 37% of respondents. The other respondents reported using nitrogen, which is nonflammable, or inherently safer alternatives such as air, steam, or cleaning pigs. On February 25, 2010, eighteen days after the explosion at Kleen Energy, the CSB stated that natural gas blows were “inherently unsafe” and urged industry to seek alternatives.

“The industry survey confirms that there are readily available safe alternatives to using flammable natural gas for pipe cleaning,” said CSB Investigator Dan Tillema, P.E. “At the same time, a disturbing number of companies continue to use natural gas which creates the serious risk of a fire or explosion.”

“Venting any significant amount of natural gas into a workplace is an open invitation to disaster,” said CSB Chairman John Bresland. “With more than 120 new gas power plants slated for completion in the next five years, there is an urgent need to ensure safety during the construction and maintenance of gas piping. The CSB will be considering recommendations to promote safer practices in industries that use natural gas as fuel.”

In February 2010, the CSB issued urgent safety recommendations to the National Fire Protection Association (NFPA) to prohibit indoor venting of natural gas during purging operations within the national fuel gas code, known as NFPA 54. However, the explosion at Kleen Energy occurred during outdoor venting of a massive quantity of gas. Power plants are in any case exempt from the national fuel gas code, which is developed and maintained by nongovernmental consensus committees administered by the NFPA and the American Gas Association, an industry group.

Chairman Bresland said he anticipated the CSB would convene a public hearing in Connecticut in late June to consider further recommendations to prevent accidents involving the planned venting of natural gas at workplaces.

Coffee Makers Recalled Due to Fire Hazard

The U.S. Consumer Product Safety Commission, in cooperation with Wal-Mart, has announced a voluntary recall of General Electric®-branded 12-cup digital coffee makers. The coffee maker can overheat, posing fire and burn hazards to consumers.

Wal-Mart has received 83 reports of overheating, smoking, melting, burning, and fire, including three reports of minor burn injuries to consumer’s hands, feet, and torso. Reports of property damage include a significant kitchen fire and damage to countertops, cabinets, and a wall.

This recall involves General Electric?-brand 12-cup coffee makers with model numbers 169164 or 169166 exclusively sold at Wal-Mart in white or black. The digital coffee maker has programmable functions and plastic housing. The GE logo is printed on the base of the coffee maker and the model number is printed on the bottom of the base.

These coffee makers were manufactured in China and were sold nationwide in the U.S. from March 2008 through January 2010 for about $30.

You should immediately stop using the recalled coffee makers and return the product to any Wal-Mart for a full refund. 

Halter Marine Fined $1.3 Million for Willfully Exposing Workers to Toxic Vapors in a Confined Space

OSHA fined VT Halter Marine Inc., a shipbuilder, for $1,322,000 following a November 2009 explosion and fire that killed two workers and seriously injured two other workers. The incident occurred in the inner bottom void of a tugboat that was being constructed at the company’s Escatawpa, Mississippi, facility.

“This was a horrific and preventable situation. The employer was aware of the hazards and knowingly and willfully sent workers into a confined space with an explosive and toxic atmosphere,” said Secretary of Labor Hilda L. Solis. “Loss of life can never be something considered acceptable or as a course of doing business.”

Following its investigation, OSHA has cited the company for 17 willful and 11 serious violations. The willful citations are for failing to inspect and test the confined space prior to entry, failure to prevent entry into confined spaces where concentration of flammable vapors exceed the prescribed limits, and failure to use explosion proof lighting in a hazardous location. A willful violation is one committed with intentional, knowing, or voluntary disregard for the law’s requirements, or with plain indifference to employee safety and health.

The serious violations include a lack of machine guarding, allowing the use of defective electrical equipment, failing to use approved containers for disposing flammable liquids, the lack of a rescue service available for a confined space entry, failing to properly ventilate a confined space, and missing or incomplete guardrails. A serious citation is issued 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.

Eight other-than-serious violations also have been issued. These concern recordkeeping, failing to provide lavatory facilities with tepid running water, and failing to ensure workplace floors were free from water accumulation and electrical grounding hazards.

“VT Halter knowingly and willfully failed to protect the lives of its workers in a confined space even though it had the knowledge and equipment necessary to do so,” said Assistant Secretary of Labor for OSHA, Dr. David Michaels. “We will not tolerate this type of blatant and egregious disregard for the health and safety of workers. Employers need to know there will be consequences.”

OSHA Cites Church & Dwight for Exposing Workers to Risks Involving Hazardous Chemicals

OSHA has cited Church & Dwight Co. Inc., for 14 serious violations involving employee exposure to chemical hazards at its site in North Brunswick, New Jersey. Proposed penalties total $55,125.

“The identified violations could potentially place workers at risk and could result in injury or possible death,” said Patricia Jones, director of OSHA’s Avenel Area Office. “One way employers can prevent potential hazards is by establishing an effective comprehensive workplace safety and health program that engages employees to proactively evaluate, identify, and eliminate hazards.”

OSHA initiated an investigation on November 18, 2009, as part of its Site-Specific Targeting Inspection Program for industries with high injury and illness rates. As a result of the investigation, OSHA inspectors have cited the company for its failure to comply with a process safety management standard containing requirements for the management of hazards associated with processes using highly hazardous chemicals. This failure includes not performing an initial process hazard analysis on certain processes, and not performing inspection and tests on process equipment to maintain its mechanical integrity.

At the time of the inspection, the company employed 235 workers and manufactured laundry detergent and fabric softener at its North Brunswick location. The company since has moved its operation to York, Pennsylvania.

OSHA Proposes Over $200,000 Penalty against Elyria Foundry Co. LLC

OSHA cited Elyria Foundry Co. LLC, in Elyria, Ohio, with 29 alleged serious and three repeat safety and health violations after a worker sustained a crushing injury requiring a lower arm amputation. Proposed penalties total $201,500.

Based on a November 2009 safety inspection, OSHA has cited the company with 25 serious and three repeat safety violations with $183,000 in proposed penalties. Some of these violations address the company’s failure to provide adequate personal protective equipment to employees; failure to provide proper eye protection while working with a sulfur dioxide tank; a lack of emergency escape respirators for workers; a lack of proper guarding on power band saws; blocked exit doors; failure to provide safety latches on crane hooks; and failure to provide fall protection.

OSHA issues repeat violations if that employer has been cited previously for the same or a substantially similar condition or hazard at any other facility in federal enforcement states. The company also received three other than serious violations, including one for not paying for workers personal protective equipment.

The employer also has been cited with four serious health violations and a proposed $18,500 penalty. These citations address the company’s alleged failure to provide proper respiratory protection and engineering controls for workers exposed to dust containing silica; failure to ensure workers used proper hearing protection; and a lack of proper labeling on hazardous material storage containers.

“It is the responsibility of employers to ensure workers are provided proper protective equipment and to ensure all safety and health regulations are being adhered to, especially at dangerous workplaces like a foundry,” said OSHA Area Director Jule Hovi in Toledo, Ohio. “Those who ignore these safety and health regulations are inviting tragedy into the lives of their workers.”

Elyria Foundry Co. LLC, has been inspected by OSHA 10 times since 1984 and previously has been issued 21 serious violations. The company employs approximately 285 workers at its foundry in Elyria and more than 350 employees companywide.

OSHA Cites Mueller Copper Tube Products for a Variety of Hazards

OSHA cited Mueller Copper Tube Products, a subsidiary of Mueller Industries Inc., in Wynne, Arkansas with safety and health violations following an inspection at the company’s worksite on North Falls Boulevard. The privately held corporation, headquartered in Memphis, Tennessee, owns and operates 20 facilities located in eight states and two foreign countries. Proposed penalties total $70,675.

“The presence of multiple health and safety hazards at this facility exposed workers to serious injuries,” said Carlos Reynolds, area director of OSHA’s Little Rock Area Office.

OSHA’s Little Rock office began its investigation on January 27. The safety portion of the inspection resulted in four serious violations including failing to provide chains on platforms to protect workers from falling, to ensure workers were knowledgeable about the proper use of compressed air, and to repair or maintain electrical conduits. Two repeat safety violations were issued for failing to provide machine guarding and to ensure shafts were adequately guarded. OSHA issues repeat violations if an employer previously has been cited for the same or a substantially similar condition or hazard at any other facility in federal enforcement states. The serious and repeat safety violation penalties total $48,500.

The health inspection portion brought seven serious, one repeat, and one other-than-serious violation with proposed penalties totaling $22,175. Serious violations include failing to provide monitoring of noise levels, failing to ground and bond flammable and combustible liquids during transfer, and failing to provide personal protective equipment. The repeat violation was issued for failing to properly label containers.

Mueller Copper Tube Products employs about 2,000 workers in Arkansas, California, Florida, Michigan, Mississippi, Ohio, Pennsylvania, Tennessee, Canada, and England—about 372 of whom are located at the Wynne facility. In January, OSHA issued three Mueller Industries Inc. subsidiaries in Fulton, Mississippi, with 128 citations for exposing workers to safety and health hazards. The citations resulted from an investigation in July 2009 after a maintenance worker employed by Mueller Copper Tube Co. was killed and two other workers were injured when naphtha, a flammable liquid of hydrocarbon mixtures, leaked from an electric pump and ignited. The penalties total $683,000, and the company has contested the citations and penalties.

OSHA Proposes $136,000 Fine against Sewon America Inc. for Willful and Serious Violations

OSHA Cited Sewon America Inc., in LaGrange, Georgia., for a variety of safety violations after receiving a complaint. OSHA initiated a comprehensive inspection of the company’s facility in March. Penalties total $135,900.

Sewon America Inc., has been cited with two willful violations and proposed penalties of $99,000 for failing to provide workers with appropriate hand protection and failing to protect workers from arc welding flash burns.

The company also has been cited for 12 serious safety violations and proposed penalties of $36,900 for failing to train or evaluate all workers operating industrial trucks, failing to guard against confined sparks during welding operations, failing to provide lockout/tagout procedures for energy sources, failing to provide proper machine guarding on various machines and various electrical deficiencies.

The facility also has been cited with one other-than-serious violation and no proposed penalty. The violation concerns electrical outlets missing covers and exposing employees to shocks. 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.

“There is no reason to leave employees unprotected,” said Andre Richards, director of OSHA’s Atlanta-West Office. “Management is aware of the deficiencies in their safety and health program and needs to take action.”

OSHA Cites Importers Service Corp. for Lockout Tagout Violations

OSHA has cited Importers Service Corp., in Jersey City, New Jersey, for failing to lock out energy sources and exposing workers during the maintenance and repair of equipment to potential injuries. Proposed penalties total $158,500.

OSHA initiated its inspection on November 10, 2009, as part of its Site-Specific Targeting Program designed for industries with high injury and illness rates. As a result of the inspection, the company has received citations for two willful violations, with a penalty of $98,000; 33 serious violations, with a penalty of $60,500; and one other-than-serious violation, which carries no penalty.

“Each of these violations leaves workers vulnerable to hazards that can result in serious injury and illness,” said Phil Peist, director of OSHA’s Parsippany Area Office. “The company has a legal obligation to provide a safe and healthful environment for workers.”

The willful violations address the company’s deficient lockout/tagout system, which is used to control the release of hazardous energy.

The serious violations include a lack of training, electrical hazards, inadequate personal protective equipment, failing to implement an adequate hazard communication and respiratory protection program, and failing to properly handle confined spaces.

“By establishing an effective comprehensive workplace safety and health program that engages employees to proactively evaluate, identify and eliminate hazards, employers are better positioned to prevent workplace hazards,” said Robert Kulick, OSHA’s regional administrator in New York.

Importers Service Corp., has 36 employees, has had five previous OSHA inspections, and manufactures items used by the food, beverage, pharmaceutical, and technical industries.

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