Safe Workplace and Safety News
This is the safety news blog for the Safe Workplace web site. We cover workplace safety related news with a focus on how safety, or a lack of safety, impacts employers, employees and their families. We also cover topics such as safety training, safety tools, and legal issues related to safety. For regular safety news and information enter your email address in the box above the Subscribe button to the right (then click on the button).
Friday, February 27, 2009
Obama Budget Increases Workplace Safety Funding
Several sources are reporting on President Obama's proposes $27 million increase in the OSHA budget. You can read about it in a report from the McClatchy Washington Bureau.
The article states that "Obama's budget blueprint, released on Thursday, seeks to increase funding to the Occupational Safety and Health Administration. More precise funding details for the job safety agency and other federal programs won't be released until April."
The article goes on to state:
"The extra money also would be used to increase enforcement of wage and hour rules, and enforce equal opportunity in federal contracting."
The article states that "Obama's budget blueprint, released on Thursday, seeks to increase funding to the Occupational Safety and Health Administration. More precise funding details for the job safety agency and other federal programs won't be released until April."
The article goes on to state:
"The extra money also would be used to increase enforcement of wage and hour rules, and enforce equal opportunity in federal contracting."
"Though both houses of Congress will be able to write their own appropriations bills in coming months, lawmakers have shown signs that they will make OSHA a bigger priority. A 2009 appropriations bill now before Congress boosts spending and requires the agency to do a better job tracking injuries and illnesses."
Labels: OSHA, safety politics
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Tuesday, February 24, 2009
Contractor To Pay $750,000 OSHA Fine
New York construction contractor agrees to pay $750,000 and take comprehensive jobsite safety steps in settlement with U.S. Labor Department
New York-based concrete construction contractor 160 Broadway Corp., doing business as Broadway Concrete, has agreed to pay a $750,000 fine as part of a settlement agreement with the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) addressing hazards cited last summer. The company also will take comprehensive steps to upgrade employee safety and health at its worksites.
In June 2008, OSHA cited Broadway Concrete and proposed $877,000 in penalties against the company for fall hazards at the 77 Hudson condominium construction project in Jersey City, N.J. The company initially contested the citations and penalties but withdrew its notice of contest as part of a settlement agreement, signed Jan. 26, 2009, which reclassified 13 of the 15 willful citations as repeat violations.
Under the agreement, Broadway Concrete and its sister company, Regal Construction, have agreed to abate all the cited hazards and take the following additional steps beyond what is required under OSHA standards:
New York-based concrete construction contractor 160 Broadway Corp., doing business as Broadway Concrete, has agreed to pay a $750,000 fine as part of a settlement agreement with the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) addressing hazards cited last summer. The company also will take comprehensive steps to upgrade employee safety and health at its worksites.
In June 2008, OSHA cited Broadway Concrete and proposed $877,000 in penalties against the company for fall hazards at the 77 Hudson condominium construction project in Jersey City, N.J. The company initially contested the citations and penalties but withdrew its notice of contest as part of a settlement agreement, signed Jan. 26, 2009, which reclassified 13 of the 15 willful citations as repeat violations.
Under the agreement, Broadway Concrete and its sister company, Regal Construction, have agreed to abate all the cited hazards and take the following additional steps beyond what is required under OSHA standards:
- Select and employ a full-time chief of construction operations and a corporate safety director to oversee construction operations and have authority over senior job superintendents in safety and health related issues.
- Employ a full-time site safety director on each large project and have a safety director inspect smaller projects at least once a week; the safety directors will have authority to stop work and direct changes to ensure site safety.
- Reduce the salary of senior job superintendents who fail to comply with applicable OSHA and job safety practices.
- Complete a comprehensive review of current construction means, methods and safety procedures, including a crew-based, task specific hazard assessment for every phase of current construction operations.
- Develop a new corporate safety and health plan.
- Finalize a site specific safety and health plan for each new project before work begins, ensure the job superintendent reads it and provides copies to onsite employees.
- Provide safety and health management training to superintendents and supervisory personnel working on each site, and train company and subcontractor employees on each site's safety and health plan.
- Provide OSHA officials with information on major projects and access to all jobsites without need of a warrant for the next four years.
Labels: OSHA Citations, OSHA Fines
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OSHA Orders Air Carrier To Pay $400,000 To Employee
OSHA orders Connecticut-based air carrier to pay more than $400,000 to employee terminated for raising safety concerns.
OSHA has ordered Southern Air Inc., a cargo airline headquartered in Norwalk, Conn., to pay more than $400,000 in lost wages, back pay, damages and legal fees to compensate a flight crew member who was terminated for raising safety concerns protected under the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21).
The employee was terminated in April 2008 after twice complaining to management about inadequate rest breaks and being required to work hours in excess of those allowed under Federal Aviation Administration (FAA) rules. The employee then filed a whistleblower complaint with OSHA's Boston Regional Office.
OSHA's investigation found merit to the complaint, and the agency has issued a Notice of Secretary's Findings and Preliminary Order to Southern Air that directs the air carrier to pay the complainant $300,000 for loss of career wages, $135,240 in compensatory damages, $7,394.65 in attorney's fees and back pay of $1,485 per week, plus interest, from April 7, 2008, through the date of payment. The company is also ordered to post the FAA whistleblower poster and an OSHA notice to employees about their whistleblower rights.
"Employees have a strong and clear right to raise legitimate safety and health concerns about their working conditions without fear of termination or reprisal," said Marthe Kent, OSHA's New England regional administrator. "We will pursue the appropriate legal remedies whenever we find that workers have been denied this vital safeguard."
Both the complainant and the airline have 30 days from receipt of the findings to file an appeal with the Labor Department's Office of Administrative Law Judges.
OSHA has ordered Southern Air Inc., a cargo airline headquartered in Norwalk, Conn., to pay more than $400,000 in lost wages, back pay, damages and legal fees to compensate a flight crew member who was terminated for raising safety concerns protected under the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21).
The employee was terminated in April 2008 after twice complaining to management about inadequate rest breaks and being required to work hours in excess of those allowed under Federal Aviation Administration (FAA) rules. The employee then filed a whistleblower complaint with OSHA's Boston Regional Office.
OSHA's investigation found merit to the complaint, and the agency has issued a Notice of Secretary's Findings and Preliminary Order to Southern Air that directs the air carrier to pay the complainant $300,000 for loss of career wages, $135,240 in compensatory damages, $7,394.65 in attorney's fees and back pay of $1,485 per week, plus interest, from April 7, 2008, through the date of payment. The company is also ordered to post the FAA whistleblower poster and an OSHA notice to employees about their whistleblower rights.
"Employees have a strong and clear right to raise legitimate safety and health concerns about their working conditions without fear of termination or reprisal," said Marthe Kent, OSHA's New England regional administrator. "We will pursue the appropriate legal remedies whenever we find that workers have been denied this vital safeguard."
Both the complainant and the airline have 30 days from receipt of the findings to file an appeal with the Labor Department's Office of Administrative Law Judges.
Labels: OSHA, OSHA Fines
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Can OSHA Be Fixed?
In their Winter 2009 newsletter The New York Committee for Occupational Safety and Health (NYCOSH) asks the question: Can OSHA BE Fixed?
I'm mentioning this newsletter because it provides a variety of articles that give a good summary of one viewpoint on OSHA. You can read the newsletter here.
Articles by the following people are included:
...and others
I'm mentioning this newsletter because it provides a variety of articles that give a good summary of one viewpoint on OSHA. You can read the newsletter here.
Articles by the following people are included:
- Richard Trumka - Secretary-Treasurer, AFL-CIO
- Denis Hughes - President, New York State AFL-CIO
- Ed Ott - Executive Director, New York City Central Labor Council
- Randi Weingarten - President, American Federation of Teachers
- Roger Toussaint - President, Transport Workers Union Local 100
- Stuart Appelbaum - President, Retail, Wholesale and Department Store Union
- Richard C. Iannuzzi - President, New York State United Teachers, AFT
- Eric Frumin - Director of Occupational Safety and Health, UNITE HERE
- Tammy Miser - President / Executive Director, United Support and Memorial for Workplace Fatalities
- James Melius - Administrator, NYS Laborers’ Health and Safety Trust Fund
- Bill Borwegen - Director, Occupational Safety and Health Department, Service Employees International Union
- U.S. Representative Carolyn B. Maloney, NY-D, 14th district
- Joel Shufro - Executive Director, New York Committee for Occupational Safety and Health
...and others
Labels: safety politics
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Adult ADHD Is A Risk To Workplace Safety
An article in Abeceder/Independent Minds discusses recent research that indicates that adult ADHD may be a factor in workplace safety. The article opens with the following statement:
"Some people just seem to be accident prone. Well now that we understand more about childhood attention deficit hyperactivity disorder (ADHD) maybe we should be asking what happens to those children when they grow up and go to work, and what about the undiagnosed adults currently in the workforce."
The research showed that: "Based on the extra sick leave the staff with ADHD took and their lower work performance, the researchers estimated that each staff member with ADHD was costing their employer $4336 a year in lost revenue."
Read the complete article here.
"Some people just seem to be accident prone. Well now that we understand more about childhood attention deficit hyperactivity disorder (ADHD) maybe we should be asking what happens to those children when they grow up and go to work, and what about the undiagnosed adults currently in the workforce."
The research showed that: "Based on the extra sick leave the staff with ADHD took and their lower work performance, the researchers estimated that each staff member with ADHD was costing their employer $4336 a year in lost revenue."
Read the complete article here.
Labels: Industrial Health, Industrial Safety, safety statistics, Safety Training, workplace safety
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Top Ten Most Disabling Injuries
Liberty Mutual Research Institute for Safety has released the 2008 Liberty Mutual Workplace Safety Index which includes a list of the top ten most disabling workplace injuries. The opening sentence states that "The estimated direct U.S. workers compensation costs for the most disabling workplace injuries and illnesses in 2006 were $48.6 billion. This finding and many others are presented in the 2008 Liberty Mutual Workplace Safety Index."
The complete report is available here.
The most recent information is for 2006. The top ten causes of the most disabling workplace injuries in 2006 were:
Overexertion - 25.7%
Fall On Same Level - 13.3%
Fall To Lower Level - 10.8%
Bodily Reaction - 10.0%
Struck by Object - 8.9%
Struck Against Object - 5.1%
Highway Incident - 4.9%
Caught In/Compressed By - 4.4&
Repetitive Motion - 4.0%
Assaults/Violent Acts - 0.9%
The complete report is available here.
The most recent information is for 2006. The top ten causes of the most disabling workplace injuries in 2006 were:
Overexertion - 25.7%
Fall On Same Level - 13.3%
Fall To Lower Level - 10.8%
Bodily Reaction - 10.0%
Struck by Object - 8.9%
Struck Against Object - 5.1%
Highway Incident - 4.9%
Caught In/Compressed By - 4.4&
Repetitive Motion - 4.0%
Assaults/Violent Acts - 0.9%
Labels: hazard identifcation, Industrial Safety, safety management, workplace safety
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Monday, February 23, 2009
OSHA Cites Employer For Confined Space Hazards Following Employee Death
OSHA cited Precision Industrial Maintenance Inc. (Schenectady, N.Y.) for alleged willful and serious violations of safety and health standards after an employee was fatally overcome by vapors while inside a tanker truck.
The Schenectady, N.Y., environmental and industrial maintenance company was cited following an August 2008 OSHA inspection of its Erie Boulevard facility.
"These citations encompass health and safety hazards associated with work in permit-required confined spaces, such as this one," said Edward Jerome, OSHA's area director in Albany. "These conditions must be addressed promptly and effectively. Left uncorrected, they expose employees to the potential hazard of asphyxia, which can be fatal."
OSHA has issued the company one willful citation, with a $35,000 proposed fine, for not providing employees with confined space rescue training at least every 12 months. Five serious citations, carrying $21,000 in fines, were issued for the company's failure to test conditions in confined spaces before entry; not completing required entry permits; not providing confined space training to employees; not evaluating rescue services for employees entering confined spaces; and lack of confined space warning signs.
OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health. OSHA issues serious citations when death or serious physical harm is likely to result from hazards about which the employer knew or should have known.
"One of the best means of preventing serious workplace hazards is to establish an effective safety and health management system through which management and employees work together to actively identify, analyze and eliminate work-related hazards," said Jerome.
The company, which faces a total of $56,000 in fines, has 15 business days from receipt of its citations and fines to contest them before the independent Occupational Safety and Health Review Commission. This inspection was conducted by OSHA's Albany Area Office; telephone 518-464-4338. Detailed information on permit-required confined spaces is available on OSHA's Web site at: http://www.osha.gov/SLTC/confinedspaces/index.html.
The Schenectady, N.Y., environmental and industrial maintenance company was cited following an August 2008 OSHA inspection of its Erie Boulevard facility.
"These citations encompass health and safety hazards associated with work in permit-required confined spaces, such as this one," said Edward Jerome, OSHA's area director in Albany. "These conditions must be addressed promptly and effectively. Left uncorrected, they expose employees to the potential hazard of asphyxia, which can be fatal."
OSHA has issued the company one willful citation, with a $35,000 proposed fine, for not providing employees with confined space rescue training at least every 12 months. Five serious citations, carrying $21,000 in fines, were issued for the company's failure to test conditions in confined spaces before entry; not completing required entry permits; not providing confined space training to employees; not evaluating rescue services for employees entering confined spaces; and lack of confined space warning signs.
OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health. OSHA issues serious citations when death or serious physical harm is likely to result from hazards about which the employer knew or should have known.
"One of the best means of preventing serious workplace hazards is to establish an effective safety and health management system through which management and employees work together to actively identify, analyze and eliminate work-related hazards," said Jerome.
The company, which faces a total of $56,000 in fines, has 15 business days from receipt of its citations and fines to contest them before the independent Occupational Safety and Health Review Commission. This inspection was conducted by OSHA's Albany Area Office; telephone 518-464-4338. Detailed information on permit-required confined spaces is available on OSHA's Web site at: http://www.osha.gov/SLTC/confinedspaces/index.html.
Labels: OSHA Citations, OSHA Signs
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Monday, February 09, 2009
Obama Administration to Shift Regulatory Approach To Safety
The Kiplinger Letter reports that:
"The Obama administration will move swiftly on establishing a new regulatory environment by making new regulations and reversing existing rules that affect business and commerce. Among the first acts of the new administration was putting a 180-day hold on all regulatory actions near completion, but not finalized, to allow the new regulatory staff time to review and halt or change them."
You can read the entire article here.
It is expected that under the new administration OSHA will put a heavier hand on enforcement, blunt warnings and penalties. In addition, rules that have not been strictly enforced in the past, will now be enforced, and changes to rules put through by the Bush administration are targeted for revision or removal.
"The Obama administration will move swiftly on establishing a new regulatory environment by making new regulations and reversing existing rules that affect business and commerce. Among the first acts of the new administration was putting a 180-day hold on all regulatory actions near completion, but not finalized, to allow the new regulatory staff time to review and halt or change them."
You can read the entire article here.
It is expected that under the new administration OSHA will put a heavier hand on enforcement, blunt warnings and penalties. In addition, rules that have not been strictly enforced in the past, will now be enforced, and changes to rules put through by the Bush administration are targeted for revision or removal.
Labels: OSHA, safety politics
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Tuesday, February 03, 2009
Crackdown On Bogus OSHA Classes
A follow up article in the NY Daily News reports that "Mayor Bloomberg calls for federal crackdown on bogus OSHA classes." (Click on this link to read the article.)
The article provides more information on the extent of the lack of actual training in some OSHA classes, and the ability to purchase fake OSHA cards that certify the holder as having completed OSHA training. This article reports:
"In July, an undercover investigator working for the city School Construction Authority was able to buy six fake OSHA cards certifying the holder had completed a rigorous 30-hour OSHA course. A certified OSHA trainer has been suspended as the investigation continues."
The article provides more information on the extent of the lack of actual training in some OSHA classes, and the ability to purchase fake OSHA cards that certify the holder as having completed OSHA training. This article reports:
"In July, an undercover investigator working for the city School Construction Authority was able to buy six fake OSHA cards certifying the holder had completed a rigorous 30-hour OSHA course. A certified OSHA trainer has been suspended as the investigation continues."
"And in June, OSHA officials confirmed, the agency suspended another trainer in response to a News report that an immigrant worker who received no more than a two-hour safety lecture was able to obtain a certificate stating he had completed 30 hours of lessons on tower crane safety."
Last year the NY Daily News reported on the worker who had been found to have a fake OSHA card. (Click on the link to read that report.)
Our previous post on bogus OSHA safety classes.
Labels: OSHA, osha information, Safety Training
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Monday, February 02, 2009
Employee Complaint Results In $62,000 Proposed Fine
Fall hazards at New Haven, Conn., worksite lead to nearly $62,000 in U.S. Labor Department OSHA fines for Stratford, Conn., roofing contractor.
OSHA has cited Domack Roofing LLC of Stratford, Conn., for alleged willful, serious and repeat violations of safety standards at a New Haven, Conn., worksite. The roofing contactor faces $61,800 in proposed fines following an OSHA inspection prompted by an employee complaint.
OSHA found that Domack employees were exposed to falls from 40 to 60 feet while working without fall protection on the third floor and the roof of a building at 2 Ella Grasso Blvd. Additional fall hazards were posed by the lack of stair rails and guardrails on the stairways and landings used to access the building's upper floors, the use of a ladder that did not extend three feet beyond its landing surface and lack of employee training. Employees also were exposed to possible electric shock or burns from a temporary lighting lamp that was not guarded against accidental contact.
"Falls are the number one killer in construction work," said Robert Kowalski, OSHA's area director in Bridgeport. "A lack of fall protection and training leaves employees just a slip or a misstep away from a deadly or disabling plunge."
Specifically, OSHA issued Domack two willful citations, with $56,000 in fines, for the lack of fall protection; four serious citations, with $3,800 in fines, for the training, ladder and lamp hazards; and one repeat citation, with a $2,000 fine, for failing to train the third floor balcony employee to recognize fall hazards. OSHA cited the company in December 2007 for similar hazards at a Bridgeport worksite.
OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health. OSHA issues serious citations when death or serious physical harm is likely to result from hazards about which the employer knew or should have known. Detailed fall protection information is available on OSHA's Web site at www.osha.gov/SLTC/fallprotection/index.html.
Domack Roofing has 15 business days from receipt of its citations and penalties to meet with OSHA or to contest them to the independent Occupational Safety and Health Review Commission. This inspection was conducted by OSHA's Bridgeport Area Office; telephone 203-579-5581.
OSHA has cited Domack Roofing LLC of Stratford, Conn., for alleged willful, serious and repeat violations of safety standards at a New Haven, Conn., worksite. The roofing contactor faces $61,800 in proposed fines following an OSHA inspection prompted by an employee complaint.
OSHA found that Domack employees were exposed to falls from 40 to 60 feet while working without fall protection on the third floor and the roof of a building at 2 Ella Grasso Blvd. Additional fall hazards were posed by the lack of stair rails and guardrails on the stairways and landings used to access the building's upper floors, the use of a ladder that did not extend three feet beyond its landing surface and lack of employee training. Employees also were exposed to possible electric shock or burns from a temporary lighting lamp that was not guarded against accidental contact.
"Falls are the number one killer in construction work," said Robert Kowalski, OSHA's area director in Bridgeport. "A lack of fall protection and training leaves employees just a slip or a misstep away from a deadly or disabling plunge."
Specifically, OSHA issued Domack two willful citations, with $56,000 in fines, for the lack of fall protection; four serious citations, with $3,800 in fines, for the training, ladder and lamp hazards; and one repeat citation, with a $2,000 fine, for failing to train the third floor balcony employee to recognize fall hazards. OSHA cited the company in December 2007 for similar hazards at a Bridgeport worksite.
OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health. OSHA issues serious citations when death or serious physical harm is likely to result from hazards about which the employer knew or should have known. Detailed fall protection information is available on OSHA's Web site at www.osha.gov/SLTC/fallprotection/index.html.
Domack Roofing has 15 business days from receipt of its citations and penalties to meet with OSHA or to contest them to the independent Occupational Safety and Health Review Commission. This inspection was conducted by OSHA's Bridgeport Area Office; telephone 203-579-5581.
Labels: OSHA Fines
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OSHA Publishes New Deck Barge Safety Guidance Document and Spud Barge Fact Sheet
Slips, trips and falls, fire and falling overboard are among the major safety topics addressed in two new Occupational Safety and Health Administration (OSHA) online publications designed to protect maritime industry employees.
The Deck Barge Safety Guidance Document was developed to educate employers and employees on preventing injuries and illnesses from hazards associated with deck barges. Other topics mentioned in the document are machinery and equipment, confined or enclosed spaces and training. The Spud Barge Safety Fact Sheet lists three methods that can prevent the spuds, which are vertical steel shafts that hold deck barges in place, from accidentally dropping or slipping. The fact sheet also offers safety measures for employers and employees working on barges and towing vessels. Both publications were produced as a result of a 2006 barge-related accident that caused five fatalities.
Deck barges and spud barges are flat boats or vessels that carry cargo and are also used in the marine construction industry for work such as pier or bulkhead construction, dredging, bridge construction and maintenance, and marine oil service.
Both the guidance document and the fact sheet identify the connection between proper controls, procedures and training, and they also seek to increase awareness of hazards and identify solutions to prevent injuries and fatalities.
The Deck Barge Safety Guidance Document was developed to educate employers and employees on preventing injuries and illnesses from hazards associated with deck barges. Other topics mentioned in the document are machinery and equipment, confined or enclosed spaces and training. The Spud Barge Safety Fact Sheet lists three methods that can prevent the spuds, which are vertical steel shafts that hold deck barges in place, from accidentally dropping or slipping. The fact sheet also offers safety measures for employers and employees working on barges and towing vessels. Both publications were produced as a result of a 2006 barge-related accident that caused five fatalities.
Deck barges and spud barges are flat boats or vessels that carry cargo and are also used in the marine construction industry for work such as pier or bulkhead construction, dredging, bridge construction and maintenance, and marine oil service.
Both the guidance document and the fact sheet identify the connection between proper controls, procedures and training, and they also seek to increase awareness of hazards and identify solutions to prevent injuries and fatalities.
Labels: osha information
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Corners Cut And Beers Downed At OSHA Classes
In yesterday's edition the New York Daily News reported what they found when they sent a reporter to attend an OSHA 10 safety class. This is a ten hour training class that teaches the basics of construction job safety. Here is what they found as reported in the first paragraphs of the N.Y. Daily News article:
"Safety is for sale in the dimly lit Aqueduct North bar in the far reaches of the Bronx. Last Sunday, a group of hardhats hunkered down for what was supposed to be 10 hours of crucial construction safety training. One of the 'hardhats' was an undercover Daily News reporter. What he found was that the $125 course took just over two hours, factoring in time spent waiting for the instructor to show and breaks to grab a beer."
Read the entire article at the N.Y. Daily News
"Safety is for sale in the dimly lit Aqueduct North bar in the far reaches of the Bronx. Last Sunday, a group of hardhats hunkered down for what was supposed to be 10 hours of crucial construction safety training. One of the 'hardhats' was an undercover Daily News reporter. What he found was that the $125 course took just over two hours, factoring in time spent waiting for the instructor to show and breaks to grab a beer."
Read the entire article at the N.Y. Daily News
Labels: Construction Safety, OSHA, Safety Training, VPP Safety Articles and Papers
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