Safe Workplace and Safety News

OSHA has cited BP North American Inc. and BP-Husky Refining LLC's refinery in Oregon, Ohio, with 42 alleged willful violations, including 39 on a per-instance basis, and 20 alleged serious violations for exposing workers to a variety of hazards including failure to provide adequate pressure relief for process units. Proposed penalties total $3,042,000.

"OSHA has found that BP often ignored or severely delayed fixing known hazards in its refineries," said Secretary of Labor Hilda L. Solis. "There is no excuse for taking chances with people's lives. BP must fix the hazards now."

OSHA began its inspection at the refinery located near Toledo, Ohio, in September 2009 as part of the agency's Refinery National Emphasis Program and as a follow-up to a 2006 inspection and a 2007 settlement agreement between OSHA and BP at this location. Although the 2009 inspection found that BP had complied with the settlement agreement, OSHA found numerous violations at the plant not previously covered by the agreement.

The inspection revealed that workers were exposed to serious injury and death in the event of a release of flammable and explosive materials in the refinery because of numerous conditions constituting violations of OSHA's process safety management standard. OSHA has issued willful citations for numerous failures to provide adequate pressure relief for process units, failures to provide safeguards to prevent the hazardous accumulation of fuel in process heaters, and exposing workers to injury and death from collapse of or damage, in the event of a fire, to nine buildings in the refinery. Additional willful citations allege various other violations of OSHA's standard addressing process safety management. These citations carry proposed penalties totaling $2,940,000.

The serious citations address a variety of other hazards, including violations of other requirements of the process safety management standard. These carry proposed penalties totaling $102,000.

Since 1991, this refinery has been inspected 12 times. Nationally, BP Products North American has been inspected by OSHA 44 times at various sites and is facing pending cases in which 439 willful citations and failure-to-abate notices were issued to its Texas City Refinery as a result of a 2009 inspection. Proposed penalties in those pending cases total $87 million, the largest penalties by far ever proposed by OSHA. BP's Texas City Refinery experienced a devastating explosion and fire in 2005 that killed 15 workers and injured 170. A large portion of the penalties proposed for the Texas City Refinery results from OSHA's allegations that BP failed to fully live up to a settlement agreement entered into after the explosion. BP has contested the citations, notifications of failure-to-abate and the proposed penalties in those cases.

BP North American Inc. operates and jointly owns the refinery with Canadian-based Husky Energy Inc. The company has 15 business days from receipt of the citations to comply, request an information conference with the OSHA area director or contest the findings before the independent Occupational Safety and Health Review Commission.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to assure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

The following provides a breakdown ofthe citations and proposed OSHA penalties:

Toledo Refinery Citations and Proposed Penalties

Forty-two willful citations with proposed penalties totaling $2,940,000 are proposed as follows:

1. Thirty-eight (38) per-instance, willful citations with penalties totaling $2,660,000 allege as follows:
   1. Twenty-six instances allege deficient pressure relief, a violation of 29 CFR parts 1910.119(d)(3) and 1910.119(j)(5), with total penalties of $1,820,000;
   2. Three instances allege the lack of flame-out protection on heaters and a furnace, a violation of 29 CFR 1910.119(d)(3), with total penalties of $210,000; and
   3. Nine instances allege facility-siting hazards, a violation of 29 CFR 1910.119(e)(5), with total penalties of $630,000.
2. Four willful citations with penalties totaling $280,000, allege as follows:
   1. Lack of pressure vessel information, a violation of 29 CFR 1910.119(d)(3), with a penalty of $70,000;
   2. Cross-connections between fire-emergency water supplies and process systems, a violation of 29 CFR parts 1910.119(d)(3) and 1910.119(e)(5), with a penalty of $70,000;
   3. Failure to conduct thickness measurements at designated test sites and as required at the flare header, a violation of 29 CFR 1910.119(j)(4)(ii), with a penalty of $70,000; and
   4. Failure to conduct thickness measurements in accordance with RAGAGEP, a violation of 29 CFR 1910.119(j)(4)(iii), with a penalty of $70,000.

Twenty serious citations with total penalties of $102,000 allege the following failures: to support pipes properly; to maintain heat transfer information for refractory-lined vessels; to assure the accuracy of P&IDs, the maintenance of pressure vessel nameplates, and proper documentation of pressure relief design information; to document implementation of the vessel grounding program; to assure that car-sealing practices were used for intervening valves; to password protect safety instrumented systems; to assure that PHAs addressed combustion safeguards, pressure relief, and human factors, and reflected updated layer of protection analysis and safety integrity levels; to establish and to implement a written program for refinery valve car-seal procedures; to consult employees on the frequency of refresher training; to implement procedures for operating limits changes and other matters; to investigate contamination of the fire-water system; to include contributing factors and recommendations in accident investigation reports; to audit a statistically significant number of pressure vessels, piping and instrument controls during compliance audits; to assure that LOTO procedures were implemented during burner maintenance; to assure that LOTO devices were applied during service and maintenance; and to assure that electric lighting equipment was appropriate for hazardous atmosphere classifications.

Three other-than-serious citations with $0.00 penalties allege deficiencies in the preparation of the PSM employee participation plan and incident/accident investigation.

Labels: OSHA Citations, workplace fatalities

OSHA surveys employers to collect workplace injury and illness data it uses to identify employers whose injury and illness rates are considerably higher than the national average. OSHA has sent a letter to about 15,000 workplaces that have the highest numbers of injuries and illnesses resulting in days away from work, restricted work activities or job transfers, known as the DART rate.

"Receipt of this letter means that workers in that particular establishment are being injured at a higher rate than in most other businesses of its kind in the country," said Assistant Secretary of Labor for OSHA Dr. David Michaels. "Employers whose businesses have injury and illness rates this high need to take immediate steps to protect their workers."

Employers receiving the letters also were provided copies of their injury and illness data, along with a list of the most frequently cited OSHA standards for their specific industry. The letter offered assistance in helping to reduce workplace injuries and illnesses by suggesting, among other things, the use of OSHA's free safety and health consultation services for small businesses provided through the states.

OSHA identified businesses with the nation's highest rates of workplace injuries and illnesses through employer-reported data from a 2009 survey of about 100,000 worksites. (This survey collected injury and illness data for calendar year 2008.) Workplaces receiving notifications had DART rates more than twice the national average among all U.S. workplaces.

OSHA's consultation program is available to assist in addressing safety and health in the workplace for employers with 250 or fewer workers. This program is administered by a state agency and operated separately from OSHA's enforcement program. The service is free and confidential, and there are no fines even if problems are found. Designed for small employers, the consultation program can help an employer identify hazards while finding effective and economical solutions for repairing them. In addition, the OSHA state consultant can assist in developing and implementing a safety and health management system for the workplace.

A list of the employers receiving the letter is available on OSHA's public Web site at http://www.osha.gov/as/opa/foia/hot_16.html. A list of OSHA's consultation services is available at http://www.osha.gov/dcsp/smallbusiness/consult.html.

Labels: OSHA, osha information, safety statistics

This is an interesting title for a safety article. But, on the other hand I've never considered the hazards of working in a nursery... the garden type not the ones with lots of little kids. It turns out that nurseries can be very dangerous places. An article by Todd Davis published today in Nursery Management & Production magazine provides some helpful tips we all can use to help reduce injuries.

Read the article here and learn about trailer, tarp and lifting injuries and their prevention.

Labels: Safety Training, Transportation Safety, workplace safety

The Alliance between the Concrete Sawing & Drilling Association (CSDA) and OSHA has just released its fourth Best Practice entitled Electrical Safety (CSDA-OBP-1004). "Electrocution is a major focus for OSHA as it is one of the top four leading causes of construction fatalities, and therefore a natural area of focus for our Alliance," said Patrick O’Brien, CSDA Executive Director.

Electricity is widely recognized as a potential workplace hazard, exposing employees to electric shock, burns, fires and explosions. Working on or around electrical conductors and equipment can be particularly dangerous, because electrical energy often cannot be sensed until contact is made. The Electrical Safety Best Practice includes guidelines and preventive maintenance tips that should be applied to every workday. By following the advice given in this document, contractors can greatly reduce the chances of exposure to electrical hazards.

CSDA and OSHA have worked together on safety and health issues for the concrete sawing and drilling industry in an effort to educate contractors, prevent on-the-job accidents and injuries and provide vital materials to advance a safe work environment for sawing and drilling professionals. The Alliance has also released Best Practice documents on the subjects of Highway Work Zone Safety, Reducing Silica Exposure and Defensive Driving. Each of these previously released Best Practices are also available in Spanish.

Representatives from OSHA were at February's World of Concrete to present during the seminar program. OSHA’s Fran Dougherty presented on OSHA Fall Protection Standards while Danezza Quintero presented on the Most Frequent Safety Citations for Concrete Contractors. These speakers also staffed the CSDA booth during World of Concrete trade show to answer questions attendees had related to the health and safety of workers, especially those employed in the sawing and drilling industry.

Read and Download CSDA Alliance Best Practices

Highway Work Zone Safety - CSDA-OBP-1001
- Spanish version

Reducing Silica - CSDA-OBP-1002
- Spanish version

Defensive Driving - CSDA-OBP-1003
- Spanish version

Electrical Safety - CSDA-OBP-1004

Labels: Electrical Hazards, electrical safety, Free Safety Guides

A five-man electrical crew was working at a substation in Chillicothe, Ohio when a car with two people crashed nearby. The Chillicothe Gazette reports that:

"Dan Gilmore was one of the first Green Township paramedics on scene, arriving quickly from the firehouse just yards away on Delano Road. The [electrical] crew already had moved into action when Gilmore arrived, having removed the front and rear windshields. Although Green Township has a three-person paid day crew, Gilmore said they had to call for volunteers to respond with the needed rescue equipment."

The actions of the electrical crew allowed the injured to be treated five minutes sooner, which was significant in saving their lives.

Mike Ratliff, the electrical crew supervisor, credits his crew's response to the safety training he and his crew received at New River Electrical, based in Cloverdale, Va., as what prepared them to help.

Read the entire article at the Chillicothe Gazette.

Labels: Safety Training, Vehicle Safety

The Navy Times is reporting that Vice Admiral Richard Hunt, the 3rd Fleet commander, has ordered all ships and shore commands to complete a "review of existing safety and tag-out programs." This follows the second electrocution death aboard a ship in the past four months.

The review of all existing electrical safety procedures, including the placement of warning tags designed to prevent electrical shock, is to be completed by March 26th.

You can read the complete Navy Times article here.

Labels: electrical safety, LOTO

As a part of its alliance with OSHA, the Kitchen Cabinet Manufacturers Association (KCMA) has released a new Table Saw Safety Training Program.

The training program is made up of five components (the following are links for downloading each component):

1. Table Saw Safety Training Powerpoint
2. Table Saw Safety Tip Sheet
3. Table Saw Safety Test
4. Answer Sheet for the test
   
5. Training Evaluation Check List

"Through our alliance with OSHA, we strive to provide KCMA members and others with materials, guidance and access to training resources that will help them protect employees' health and safety, especially in reducing and preventing exposure to amputation hazards," said Dick Titus, Executive Vice President, KCMA. "The Table Saw Safety Training program is one more tool available to manufacturers to enhance workplace safety."

The Kitchen Cabinet Manufacturers Association, headquartered in Reston, Va., is the principal trade association in the United States for manufacturers of kitchen cabinets, bath vanities, decorative laminate products and suppliers to the industry. The KCMA is committed to excellence in manufacturing through continued quality, advocacy and leadership.

The page that provides a free download of program is available at www.kcma.org/index.cfm?fuseaction=members.KCMA/OSHA_Alliance

Labels: Safety Training

The 2009 data on the top ten violations of OSHA standards, as well as the top ten OSHA fines in 2009 is available in a new report from Graphic Products. Use this link to get your free copy: Top Ten OSHA Serious Violations.

But... what was the underlying cause?

A new study released today by VitalSmarts found that five threats to workers’ safety are commonly left undiscussed and lead to avoidable injury or fatalities.

The study, named Silent Danger: The Five Crucial Conversations that Drive Workplace Safety, surveyed more than 1,600 frontline workers, managers, and safety directors across 30 safety-conscious organizations in 2009.

According to the data, 93 percent of employees say their company is currently at risk and nearly half are aware of an injury or death caused by one of five avoidable workplace dangers. However, despite being aware of these five threats, only one in four employees speaks up and tries to correct unsafe conditions.

"Silent Danger shows the tragic secret behind most workplace injuries is that someone is aware of the threat well in advance, but is either unwilling or unable to speak up," said Joseph Grenny, co-founder of VitalSmarts and leading researcher of the study. "The greatest dangers to workplace safety are the norms, habits, and assumptions embedded in our corporate cultures that stifle employees’ ability to speak up and confront unsafe practices."

Each of the five threats to workplace safety outlined in Silent Danger was identified as being costly, common, and undiscussable. The five threats are:

* Get It Done: Unsafe practices that are justified by tight deadlines.
* Undiscussable Incompetence: Unsafe practices that stem from skill deficits that can’t be discussed.
* Just This Once: Unsafe practices that are justified as exceptions to the rule.
* This Is Overboard: Unsafe practices that bypass precautions considered excessive.
* Are You a Team Player? Unsafe practices that are justified for the good of the team, company, or customer.

However, not all employees remained silent bystanders when confronted with these and similar threats. A small minority, ranging from 25 to 28 percent, say they are able to speak up effectively in these crucial moments and address unsafe conditions. More than 82 percent of this vocal minority says that when they speak up, their actions result in a safer work environment for everyone.

Grenny says additional training, safety audits, and other tools, while important, will never be enough to create a truly safe environment.

"The reason we are seeing safety improvements begin to stall is not because the systems and policies we have implemented don’t work, it's because people don’t speak up and hold one another accountable," says Grenny. "Accidents in the workplace will not be prevented until senior leaders eradicate cultures of silence."

Grenny outlines recommendations senior leaders can follow for teaching their employees to speak up in crucial moments. One year after implementing Grenny’s recommendations, Pride International, an offshore drilling contractor, decreased its total incident rate by 55 percent and reported zero accidents that required employees to miss time on the job.

The full Silent Danger research results and recommendations for leaders are available for download at www.vitalsmarts.com/safety.

About the Silent Danger Study

In early 2009, VitalSmarts began identifying ways to improve workplace safety incidents that led to 4 million injuries and 5,600 deaths per year. The Silent Danger study began with interviews and focus groups with 130 people from eight organizations. Trends unveiled in the interviews were verified through a survey administered to 1,500 employees from 22 organizations to test the impact communication breakdowns had on workplace safety. Full results available at www.vitalsmarts.com/safety.

Labels: Free Safety Guides, workplace fatalities, workplace injuries, workplace safety

OSHA has fined the C.A. Franc construction company $539,000 following the investigation of a roofing worker who fell 40 feet to his death at a Washington worksite. The Valencia, Pa.-based roof installer – whose owner is Christopher A. Franc – was cited for 10 per instance willful citations for failing to protect workers from falls.

"Mr. Franc knowingly and willfully failed to protect his workers from falling to their death," said Assistant Secretary of Labor for OSHA Dr. David Michaels. "Despite repeated requests from workers that he provide fall protection, on this step roof, Mr. Franc refused to provide readily available protection. We will not tolerate this type of blatant and egregious disregard for the health and safety of workers."

OSHA began its investigation immediately following the worker's death on Aug. 15, 2009, and found the C.A. Franc company had failed to provide any fall protection to its employees working on a pitched roof 40 feet off the ground. In addition, Mr. Franc failed to train a newly hired college student in hazards and the necessary safety measures for roofing work. As a result of the investigation, the company has been cited for 10 alleged per-instance willful violations, one for each employee working unprotected on the roof, with a proposed penalty of $490,000, and one additional alleged willful violation for failing to train the new employee, with a penalty of $49,000.

General contractor Hospitality Builders Inc. also has been cited with one willful violation and a proposed penalty of $70,000 for failing to ensure that C.A. Franc workers had fall protection.

"This fall fatality was one of five that occurred during a 15-day span in the Pittsburgh area," said John M. Hermanson, OSHA's regional administrator in Philadelphia, Pa. "Falls are the leading cause of fatalities in the construction industry. Failure to provide employees with fall protection is unconscionable. We urge construction companies to take the necessary action to ensure their workers are protected."

OSHA defines a willful violation as one committed with intentional, knowing or voluntary disregard for the law’s requirements, or with plain indifference to employee safety and health. Detailed information about fall hazards and safeguards is available on OSHA’s Web site at http://www.osha.gov/SLTC/fallprotection/construction.html.

Labels: Construction / Installation, Construction Safety, fall protection, workplace fatalities

This report comes from the financial times in London (U.K.) It summarizes what might be developing into a major fight between business and OSHA concerning recording repetitive motion injury information. The article states:

"An arcane-sounding proposal by the Occupational Safety and Health Administration (OSHA) related to repetitive-strain injuries is expected to revive a 10-year-old battle that began during the Clinton administration, pitting labour unions against business advocates such as the US Chamber of Commerce over how the government should define ergonomic injuries in the workplace."

"There are a lot of scientific questions on whether ergonomic injuries are caused by the workplace or outside the workplace, including lifestyle and genetics," says Marc Freedman at the US chamber. "Unlike every other hazard for which OSHA regulates, ergonomics is not limited to the workplace. That makes it extremely problematic."

Read the entire article here.

Labels: OSHA, workplace injuries

The New Jersey Supreme Court ruled Tuesday that the manufacturer of a machine, that was involved in an industrial accident, can be held liable even though that manufacturer is in the United Kingdom and has no presence in New Jersey or the U.S.

An article on the LAW.COM web site states:

"Justice Barry Albin, writing for the 5-2 majority, said that given the nature of modern international commerce and New Jersey's long-arm rule, there is no reason why a foreign manufacturer cannot be held liable, even if it has barely any contact here."

The accident happened in 2001 and involved the loss of four fingers in a recycling machine.

There were two dissenting judges in the 5-2 decision. The articles reports:

"In her dissent, Hoens said there needs to be more of a nexus to New Jersey than a product just ending up here. 'Repeated quotations and soaring language about the realities of the global marketplace might compel the casual reader to follow what appears to be the majority's relentless logic,' she said. 'But those rhetorical techniques cannot mask the fact that the majority today embarks on a path that stretches our notions about due process, and about what is fundamentally fair, beyond the breaking point.'"

Read the entire article here.

Labels: Industrial Safety, safety regulations, workplace injuries