Safe Workplace and Safety News

US Business Opposes Work Safety Proposal

2010-02-04T10:33:00.000-08:00

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.

Third-Party Sale Puts Product Maker In Court For Accident Liability

2010-02-04T10:17:00.000-08:00

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.

OSHA Proposes Recordkeeping Change To Improve Illness Data

2010-02-01T13:11:00.000-08:00

OSHA is proposing to revise its Occupational Injury and Illness Recording and Reporting (recordkeeping) regulation by restoring a column on the OSHA Form 300 to better identify work-related musculoskeletal disorders (MSDs). The rule does not change existing requirements for when and under what circumstances employers must record musculoskeletal disorders on their injury and illness logs.

Many employers are currently required to keep a record of workplace injuries and illnesses, including work-related MSDs, on the OSHA Form 300 (Log of Work-Related Injuries and Illnesses). The proposed rule would require employers to place a check mark in a column for all MSDs they have recorded.

The proposed requirements are identical to those contained in the OSHA recordkeeping regulation that was issued in 2001. Prior to 2001, OSHA's injury and illness logs contained a column for repetitive trauma disorders that included noise and MSDs. In 2001, OSHA separated noise and MSDs into two separate columns, but the MSD column was deleted in 2003 before the provision became effective. OSHA is now proposing to restore the MSD column to the OSHA Form 300 log.

"Restoring the MSD column will improve the ability of workers and employers to identify and prevent work-related musculoskeletal disorders by providing simple and easily accessible information," said Assistant Secretary of Labor for OSHA Dr. David Michaels. "It will also improve the accuracy and completeness of national work-related injury and illness data."

For more information, view OSHA's proposal at: http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=FEDERAL_REGISTER&p_id=21314. This notice will be published in the Jan. 29 edition of the Federal Register.

Interested parties may submit comments on the proposed rule electronically at http://www.regulations.gov, the federal e-rulemaking portal; or by mailing three copies to the OSHA Docket Office, Room N-2625, U.S. Department of Labor, 200 Constitution Ave. NW, Washington, DC 20210; or by fax at 202-693-1648 if the comments and attachments do not exceed 10 pages.

Comments must include the agency name and docket number for this rulemaking (Docket Number OSHA-2009-0044). The deadline for submitting comments is March 15. OSHA will hold a public meeting on the proposed rule March 9.

OSHA Cites Mueller Industries Subsidiaries in Fulton, Miss. - Proposed $683,000 In Penalties

2010-01-27T12:30:00.000-08:00

OSHA has issued three Mueller Industries Inc. subsidiaries in Fulton 128 citations for allegedly exposing workers to safety and health hazards. The privately-held corporation headquartered in Memphis, Tenn., owns and operates 20 facilities located in eight states and two foreign countries.

OSHA began its investigation in July 2009 after a maintenance worker employed by Mueller Copper Tube Co. Inc., a subsidiary of Mueller Industries, was killed, and two other workers were injured when naphtha, a flammable liquid of hydrocarbon mixtures, leaked from an electric pump and ignited.

"Mueller Industries subsidiaries' dangerous practices exposed workers at their facilities to a variety of hazards that ultimately took one worker's life," said Assistant Secretary of Labor for OSHA Dr. David Michaels. "The significant fines of $683,000 cannot replace this worker's life or bring peace to the family, but they will go a long way in letting this employer know disregarding worker safety and health will not be tolerated."

Mueller Copper Tube has been issued willful, repeat and serious citations. A willful citation with a penalty of $40,000 alleges the failure to repair a corroded live electrical disconnect, which exposed workers to electrical shock. Ten repeat citations with penalties of $150,000 allege failure to guard machinery; unsafe electrical equipment and practices; and failure to label hazardous chemicals. Sixty-nine serious citations, with proposed penalties of $223,500, allege unsafe cranes; fall hazards; unsafe ladders; blocked and inadequate exits; unsafe flammable liquid and compressed gas use and storage; locking out hazardous energy sources during maintenance and service; a lack of machine guards; unsafe electrical equipment and practices; and failure to establish a respiratory protection program.

The initial safety inspection at Mueller Cooper Tube was expanded to include Mueller Fittings LLC and Mueller Packaging LLC, two additional subsidiaries of Mueller Industries. Mueller Fittings has been issued 22 serious citations, with penalties of $64,000, alleging the failure to lock out energy sources, unsafe propane storage and handling, overexposure to noise, unsafe material storage, and the likelihood of exposure to bloodborne pathogens. Eight repeat citations also have been issued, with penalties of $102,500, alleging a lack of machine guarding, electrical hazards and the inadequate labeling of hazardous chemicals.

Mueller Packaging has been issued 12 serious citations, with penalties of $28,000, alleging unsafe crane operation, failing to lock out sources of hazardous energy, hazardous chemical exposures, and overexposure to noise; five repeat citations, with penalties of $75,000, alleging an unsafe forklift modification, electrical hazards and inadequate labeling under the hazard communication standard; and one other-than-serious violation, with no penalty, for an electrical deficiency.

The companies have 15 business days from receipt of the citations and penalties to comply or contest the findings before the independent Occupational Safety and Health Review Commission. The sites were inspected by staff from OSHA's Jackson Area Office, 3780 I-55 North, Suite 210; telephone 601-965-4606.

OSHA Proposes $236,500 In Fines Against CITGO Refining and Chemicals in Corpus Christi, Texas

2010-01-20T07:06:00.000-08:00

OSHA has cited CITGO Refining and Chemicals LP in Corpus Christi for workplace safety violations resulting from a release of hydrocarbon and hydrofluoric acid from the alkylation unit at this facility. Proposed penalties total $236,500.

"CITGO did not ensure adequate maintenance and oversight of its process safety equipment, exposing workers to the release of toxic chemicals and posing a danger to not only the company's employees but to the community, as well," said Dean McDaniel, OSHA's regional administrator in Dallas, Texas.

OSHA has alleged two willful, 15 serious and one repeat violation following an investigation that began July 20, 2009. The willful violations include failing to adequately repair and maintain process equipment, and to update changes in operating procedures. 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.

Serious violations include failing to maintain floor holes to prevent employees from tripping, to properly label electrical equipment, to prevent exposure to electrical parts, to update piping and instrumentation diagrams, and to address process hazard analysis deficiencies. A serious violation is one that could cause death or physical harm that can result from a hazard an employer knew or should have known exists.

The repeat violation addresses failing to train workers regarding modified procedures. A repeat violation is issued when an employer previously was cited for the same or similar violation of any standard, regulation, rule or order at any other facilities in federal enforcement states within the last three years.

The company has 15 business days from receipt of the citations and proposed penalties to comply, request an informal conference with OSHA's area director in Corpus Christi, or contest the findings before the independent Occupational Safety and Health Review Commission.

Textile Groups Urge OSHA To Avoid Unnecessary Regulations

2010-01-20T06:42:00.000-08:00

An article in Textile World magazine reports that the textile industry has responded to OSHA's advanced Notice of Proposed Rulemaking on combustible dust by asking that OSHA not impose rules on industries for which they don't apply. The article states:

"While supporting OSHA's overall efforts to improve safety in the workplace, NCC (National Cotton Council) cautions OSHA to focus its efforts in this case to areas that have experienced problems with combustible dust and not attempt to regulate industries such as textiles that have 'no demonstrated history of combustible dust incidents.'"

You can read the complete article here.

Oregon OSHA Fines Americold Logistics $740,400

2010-01-14T15:00:00.000-08:00

The Oregon Department of Consumer and Business Services, Occupational Safety and
Health Division (Oregon OSHA) has fined Americold Logistics a total of $740,400 for extensive safety and health violations found during a Sept. 16, 2009 inspection at the company’s Milwaukie facility. By not having proper safeguards in place to contain ammonia, the company was putting workers in serious danger of injury or death due to a major chemical release or explosion, Oregon OSHA found.

"Ammonia carries significant risks to workers, particularly in large quantities," said Michael Wood, Oregon OSHA administrator. "Due to the size of this facility, there is the potential for a large-scale release."

Oregon OSHA cited Americold Logistics, a national refrigerated warehouse operation, for 10 willful violations, four serious repeat violations, and 22 other serious violations of the Oregon Safe Employment Act. The bulk of the violations are related to the company’s system for handling the hazardous chemical anhydrous ammonia, which is common in commercial warehouses and can be explosive. Ammonia can also cause severe alkaline chemical burns to skin, eyes, and the respiratory system. If a chemical leak occurs, ammonia released from such a system will expand rapidly, making it difficult to contain.

Among other issues, the inspection identified excessive ice build up, creating the potential for system damage and in some cases encasing valves, making it difficult, if not impossible, to close them in the event of an emergency. The inspection also identified significant corrosion of pipes and missing drain valve plugs, making ammonia release more likely.

Oregon OSHA previously conducted an accident investigation at the Milwaukie location in 2007, after two employees were sent to the hospital following an ammonia compressor explosion. As a result of that inspection, which was limited in scope, 18 violations were issued.

"Protecting workers from highly hazardous chemicals should be the result of a credible program of inspections, hazard identification, and preventive maintenance to ensure the system's integrity," Wood said. "The safety of the facility’s workers must not be left to chance."

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OSHA Proposes $233,500 In Fines Against Long Island Store

2010-01-14T14:49:00.000-08:00

OSHA has cited Home Goods (Commack, Long Island, NY) for 16 alleged violations of workplace safety standards. The retailer faces a total of $233,500 in proposed fines, chiefly for exit access, fire and crushing hazards.

Responding to an employee complaint, OSHA found exit routes obstructed by stock and equipment, an exit route too narrow for passage, stacked material that prevented employees from identifying the nearest exit, blocked access to fire extinguishers, workers not trained in fire extinguisher use and boxes stored in unstable 8-foot high tiers.

OSHA had cited Home Goods in 2006 and 2007 for similar conditions at the company's Mount Olive, N.J., and Somers, N.Y., locations. As a result of these recurring conditions, OSHA issued the company five repeat citations, with $200,000 in proposed fines, for the hazards at the Commack store.

"It's been 99 years since the fire at The Triangle Shirtwaist Co. in New York City took the lives of nearly 150 workers and almost 19 years since two workers were killed when they were unable to exit the McCrory's store in Huntington Station, N.Y., during a fire," said Assistant Secretary of Labor for OSHA Dr. David Michaels. "Blocked fire exits can be deadly. It is that simple."

OSHA's Commack inspection identified additional hazards, including a defective fire alarm box, a missing exit sign, electrical hazards and inadequate chemical hazard communication. These conditions resulted in nine serious citations, with $32,500 in fines. 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. Finally, the store was issued one other-than-serious citation, with a $1,000 fine, for not providing injury and illness logs.

"There can be no delay in exiting a workplace during a fire or other emergency when the difference between escape and injury or death can be measured in seconds," said Michaels. "Employers must ensure that exit routes are unobstructed at all locations."

"One means of preventing recurring hazards is for employers to establish an effective comprehensive workplace safety and health program through which involve their employees in proactively evaluating, identifying and eliminating hazards," said Robert Kulick, OSHA's regional administrator in New York.

A fact sheet covering emergency exit routes is available at http://www.safe-workplace.com/osha-safety/emergency-exit-routes-osha-factsheet.pdf.

Respirator Safety - Using Respirators

2010-01-12T13:04:00.001-08:00

This is a second new OSHA video. It provides basic training on the use of respirators. This video is also available on YouTube at: http://www.youtube.com/watch?v=Tzpz5fko-fg. It is available in English and Spanish.

The Difference Between Respirators and Surgical Masks

2010-01-12T12:58:00.000-08:00

A new training video from OSHA shows the difference between respirators and face masks. It also discusses how a face mask is used to prevent the spread of flu. This video is available on YouTube at: http://www.youtube.com/watch?v=ovSLAuY8ib8

National Safety Council Invites Applicants for 2010 Robert W. Campbell Award

2010-01-08T07:03:00.000-08:00

The National Safety Council invites businesses around the world to apply for the 2010 Robert W. Campbell Award, the world's pre-eminent award recognizing excellence in business performance, employee safety and health, and environmental stewardship. The 2010 winners will be announced at NSC's Congress & Expo, Oct. 3-8 in San Diego.

"The Campbell Award recognizes companies that demonstrate that environmental, health and safety (EHS) management is an essential element in achieving operational excellence and financial success," said Janet Froetscher, president & CEO of NSC. "Campbell Award winners prove that integrated EHS systems reduce workplace injuries and deaths, improve the bottom line, and motivate and inspire others."

Awards are presented in two categories: Businesses with more than 1,000 employees and businesses with less than 1,000 employees. Winners are selected by an international panel of experts in academia, government, labor and management. These experts provide each applicant with a written evaluation report for further improvement. Winning Campbell case studies also are discussed in boardrooms and classrooms worldwide.

Past winners include Noble Corp., Johnson & Johnson, Alcan Inc., DynMcDermott Petroleum Operations Co., The Bahrain Petroleum Co., Fluor Hanford, Gulf Petrochemical Industries Co. and Schneider Electric North America.

The Campbell Award is named for Robert W. Campbell, an early safety advocate and the first president of NSC. The award is sponsored by NSC and underwritten by ExxonMobil Foundation.

To download an application packet, please visit www.CampbellAward.org. Final submissions must be postmarked by May 31, 2010.

National Association of Chemical Distributors Comments On GHS

2010-01-08T06:55:00.000-08:00

The following is a press release from NACD:

At the end of last month the National Association of Chemical Distributors (NACD) provided formal comments on the Globally Harmonized System of Classification and Labeling of Chemicals (GHS) to OSHA. NACD supports the overall goals of the GHS, which would not only improve hazard communications for employers and employees, but would also improve efficiencies throughout the entire chemical distribution industry. However, NACD does have concerns regarding the limited time chemical distribution companies have to make the transition towards the GHS.

Specifically, NACD has requested that OSHA grant chemical distributors an additional 18 months after the three year phase-in period to allow for the most efficient GHS implementation.

"There are many long-term benefits for employers, employees and the chemical distribution industry under OSHA's proposed GHS," said NACD President Chris Jahn. "But requiring small chemical distributors to make the transition at the same time as chemical suppliers could create problems, like a bottleneck in the supply chain. Small chemical distributors in particular just might not have the resources that larger suppliers have to complete the transition in time."

"If there is to be a real benefit for employers and employees, we need to make sure we get this transition right. An additional 18 months for chemical distribution companies to comply is in the interest of everyone who wants to see the GHS work effectively."

To view NACD's full comments to OSHA, visit www.nacd.com/advocacy/comments.aspx.

OSHA Proposes More Than $1.4 Million In Penalties Against CES Environmental Services

2010-01-05T15:11:00.000-08:00

OSHA yesterday today issued proposed penalties against CES Environmental Services Inc. for willful and serious violations after an investigation into a fatal explosion at the company's Griggs Road facility in Houston. The proposed penalties total $1,477,500.

In July 2009, an employee cleaning a tank was killed in an explosion when an altered piece of equipment ignited flammable vapors inside the tank. The fatality was the third death in less than a year at this employer's facilities; two hydrogen sulfide exposure-related deaths at a related facility, Port Arthur Chemical & Environmental Services LLC (PACES), occurred in December 2008 and April 2009.

"Proper precaution prevents deaths," said Secretary of Labor Hilda L. Solis. "Employers should take steps to eliminate hazards and provide a safe working environment for their workers. That is the law."

Based on the most recent investigation, OSHA has issued 15 willful citations with proposed penalties totaling $1,050,000, alleging that 15 pieces of electrical equipment were unsafe to use in the tank wash area due to the presence of flammable and combustible vapors. Two additional willful citations with proposed penalties totaling $125,000 have been issued. One alleges that CES failed to ventilate tanks in which employees were working, exposing the workers to toxic atmospheric hazards. The other alleges that CES stored flammable and reactive chemicals together, which posed fire and explosion hazards.

In addition, OSHA has issued 54 serious violations with proposed penalties totaling $302,500. These include allegations that CES failed to implement all aspects of the process safety management standard; provide proper respiratory protection, confined space rescue equipment and adequate fall protection; properly install and maintain boiler equipment; implement an emergency response plan, and adequate energy control procedures; train powered industrial truck operators; guard and to anchor machinery adequately; store compressed gas cylinders safely; and label hazardous chemicals.

A willful citation is characterized by an employer's intentional disregard of the standards or plain indifference to employee safety and health. A violation is characterized as serious when death or serious physical harm could result if an accident were to occur as the result of a hazard about which the employer knew or should have known.

OSHA previously cited PACES following the Dec.18, 2008 and the April 14, 2009, fatalities and proposed penalties of $16,600 and $207,800, respectively. Both of those fatalities occurred in Port Arthur, Texas. Those citations were contested and are being litigated before the independent Occupational Safety and Health Review Commission. CES and PACES together employ 155 workers. CES has 15 business days from receipt of the latest citations to comply, request an informal conference with OSHA's area director or contest the findings before the independent review commission.

U.S. Department of Labor and U.S. Marshals Seize Vehicle

2009-12-30T10:11:00.000-08:00

U.S. marshals accompanied by special agents from the U.S. Department of Labor's Office of the Inspector General yesteraday seized a vehicle at the residence of Richard Kohler, president of Brocon Petroleum Inc., after Brocon Petroleum and Kohler failed to pay $7,500 in back wages to a former employee. The back wages were the result of a consent judgment filed in the U.S. District Court for the District of New Jersey to resolve a lawsuit filed by the Labor Department in March 2008.

The suit was filed after the department's Occupational Safety and Health Administration (OSHA) found the company had violated the whistleblower provisions of the Occupational Safety and Health (OSH) Act. An investigation by OSHA's Whistleblower Protection Program found the defendants had terminated the employee in retaliation because they suspected he had called OSHA and caused an inspection. The defendants fired the complainant following the inspection of the employer's worksite conducted by OSHA in response to an anonymous complaint about safety practices at the worksite.

Under the consent judgment, Brocon Petroleum had agreed to pay the former employee's back wages in addition to removing all reference to suspension or discharge from the employee's personnel file and posting a notice notifying current employees of their whistleblower rights. However, the company failed to comply with the monetary terms of the consent judgment.

"This action should send a clear message that there will be consequences for retaliating against employees who engage in activities protected by law," says Robert Kulick, OSHA's regional administrator in New York. "While OSHA is best known for ensuring the safety and health of employees, it is also a whistleblower protection agency."

OSHA GHS Hearings

2009-12-30T10:07:00.000-08:00

OSHA has scheduled informal public hearings on its proposal to revise the Hazard Communication Standard. On September 30, 2009, OSHA published a proposed rule to revise the Hazard Communication Standard (HCS) to conform with the United Nations' (UN) Globally Harmonized System of Classification and Labelling of Chemicals (GHS) (74 FR 50280).

DATES: The hearings will begin at 9:30 a.m. local time, on the following dates and locations:

March 2, 2010, in Washington, DC;
March 31, 2010, in Pittsburgh, PA; and
April 13, 2010, in Los Angeles, CA.

If You Have Crews Working This Holiday Season, Be Safe!

2009-12-23T07:06:00.000-08:00

Accidents don't take a break for the holiday. It's our job to be sure our employees, and their families, don't have heart-breaking Christmas.

Just in today's news for Massachusetts:

The Eagle-Tribune in North Andover, MA reports that one worker died and other was injured in fall from roof. They were repairing a roof on a residential home.

The Sun-Chronicle in Attleboro, MA reports an employee of a local trucking company was killed in an apparent accident when he was pinned between a forklift and cement pole.

Stay alert. Always be thinking. Don't take shortcuts. Don't assume. Be safe!

Construction Supply Worker Killed by Granite Slabs

2009-12-23T06:46:00.000-08:00

This time of year I wonder whether I should stay on the lighter side and "be happy." In past years I've used the last week of the year to focus on posts about new videos I've run into throughout the year. But... yes there is a but, I'm struck by the number of fatal accidents I'm reading about in today's news reports. I wonder if instead of just being happy for the holidays, there should be an extra emphasis on safety... just so we don't lose our focus, miss a detail and someone gets hurt or killed.

There's a line in the following story, dated December 22nd, that bothers me.

In an apparent freak accident, a construction worker was killed by slabs of granite in a New York City construction supply store.

The New York Post reports that the 47-year-old man was killed when a number of the heavy slabs used to make bathroom and kitchen countertops fell on him, with one striking him in the head.

What bothers me is that the story quotes David Perecman, a New York personal injury attorney, as saying: "There are so many ways and means people can be injured. Some, like this one practically defy categorization. However an injury accident is an injury accident and if the workplace is at fault, the family of the victim deserves rightful compensation for the death. Was it a fluke accident or was it due to a lack of safety regulations?"

Are there any "fluke" accidents? By that I mean, are there accidents that are just going to happen and nothing could have been done to prevent them? Maybe from an attorney's perspective there are fluke accidents, but from a safety point of view I don't think there are fluke accidents. I'll grant that there may be what are called acts of God (an unexpected high wind blows over a tree, for example), but that's the exception to the rule.

What do you think?

White Paper Details Best Practices of US Airways Occupational Hearing Conservation Program

2009-12-18T06:32:00.000-08:00

Any good proof is based upon assumptions: if the assumptions are good, the proof is valid. If the assumptions are bad, then the proof is worthless, or as writer Angelo Donghia puts it, "Assumption is the mother of screw-up."

In the world of personal protective equipment, bad assumptions are hazardous and can result in injury — or worse. Unfortunately, despite 25 years of solid regulation, some persistent bad assumptions are very widespread in Hearing Conservation Programs (HCPs). A new white paper identifies six of the most common bad assumptions about hearing protection for noise-exposed workers. Perpetuated unchecked, these assumptions torpedo an otherwise healthy Hearing Conservation Program, and leave the door open for hearing loss among workers exposed to hazardous noise.

The white paper titled, "Best Practices in a Hearing Conservation Program: US Airways," details how the merger between US Airways and America West led the newly formed company to enhance its occupational Hearing Conservation Program.

The white paper examines how, in the time since America West merged with US Airways to become the number four carrier in the United States, the new US Airways endeavored to consolidate and enhance its corporate safety program — and specifically its Hearing Conservation Program.

The white paper identifies and discusses the best practices of an occupational Hearing Conservation Program including:

* Involving employees in the hearing protection device process.
* Making audiometric testing accessible to all employees.
* Using motivational materials to support employee understanding of the Hearing Conservation Program.

"The program was developed by combining the strongest and most effective elements of each of the two original airlines’ programs. The result is a lesson in best practices management," said Renee S. Bessette, COHC, Marketing Manager, Howard Leight/Sperian Hearing Protection, LLC.

"All workers have a role in making a Hearing Conservation Program successful. By educating employees about noise-induced hearing loss, hearing safety and hearing protection devices, and by making the knowledge regarding the program and its components accessible, the company is able to not only strengthen its Hearing Conservation Program but improve overall personal safety awareness in the workplace as well," she said.

To download the new white paper, click here: "Best Practices in a Hearing Conservation Program: US Airways,”.

OSHA Fines New Jersey Company More Than $212,000

2009-12-14T07:18:00.000-08:00

OSHA has cited Solid Waste Transfer & Recycling Inc. for alleged safety and health violations. Proposed penalties total $212,400.

OSHA initiated an inspection on June 3 as part of its proactive program targeting companies in industries with high injury and illness rates. As a result, the company has been issued citations for four willful violations with a penalty of $198,000 and six serious violations with a penalty of $14,400.

The willful violations address the company's failure to have an adequate lockout procedure and a lack of machine guards. OSHA defines a willful violation as one committed with plain indifference to, or intentional disregard for, employee safety and health.

The serious violations include blocked exits, inadequate energy control procedures, lack of training, failure to properly mark compressed gas cylinders and effectively close electrical box openings. A serious citation is issued when there is a substantial probability that death or serious physical harm could result and the employer knew, or should have known, of the hazard.

"Lockout procedures are designed to safeguard workers from the unexpected startup of machinery and equipment, or the release of hazardous energy during service or maintenance activities," said Phil Peist, area director of OSHA's office in Parsippany, N.J. "It is imperative that the company correct the identified hazards to protect the safety and health of its workers."

"One means of helping ensure worker safety is for employers is to establish an effective safety and health management system through which they and their employees work together to proactively evaluate, identify and eliminate hazards before they result in injury or illness," said Robert Kulick, OSHA's regional administrator in New York.

The Newark company has 15 business days from receipt of the citations to comply, request an informal conference with OSHA's area director, or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission. This investigation was conducted by OSHA's Philadelphia Area Office; telephone: 215-597-4955.

OSHA Proposes More Than $266,000 In Penalties Against Manufacturer

2009-12-14T07:16:00.000-08:00

Crespac Inc. in Tucker, Ga., has been cited with 34 safety and health violations by OSHA. Proposed penalties total $266,400.

"OSHA began its comprehensive safety and health inspection after learning of two separate incidents resulting in amputations within a 30-day period," said Gei-Thae Breezley, director of OSHA's Atlanta-East Area Office. "In both instances, management knew of deficiencies but acted with plain indifference by failing to correct the problems in a timely manner that could have prevented these amputations."

The agency is citing the company with three willful, four repeat, 19 serious and one other-than-serious safety violations, as well as five serious and two other-than-serious health violations. OSHA is proposing penalties of $249,200 for the safety violations and an additional $17,200 for the health violations.

The willful citations result from the company's failure to ensure that all machines had proper safety guards, functional emergency stop cords and usable safety interlock switches installed on machinery. 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 company is being cited for repeat violations related to having slippery and wet floors, lack of safety guards on machines, machines being operated with broken parts and employees being exposed to electrical shocks.

Serious violations include fall hazards, slipping and tripping hazards, entrapment hazards, failure to provide proper fire training and equipment, failure to properly train forklift operators, electrical hazards, noise hazards, exposure to hazardous chemicals and an insufficient respirator program for employees. An OSHA violation is serious if death or serious physical harm can result from a hazard an employer knew or should have known exists. OSHA issues repeat violations when it finds a substantially similar violation of any standard, regulation, rule or order at any of a company's other facilities in federal enforcement states.

Other-than-serious violations relate to the company's failure to conduct timely inspections of overhead cranes and related equipment and recordkeeping deficiencies in required OSHA incident logs.

The company has 15 business days from receipt of the citations to comply, request an informal conference with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission. The site was inspected by staff from OSHA's Atlanta-East Area Office, 2183 Northlake Parkway, Building 7, Suite 110, Tucker, Ga.; telephone 770-493-6644.

Employers wary of changes in approach, focus at OSHA

2009-12-14T07:11:00.000-08:00

Business Insurance reports about an increasing concern among employers about increased OSHA regulation. The article reports:

"Fueling some concerns was a proposal last week by the Department of Labor and OSHA to require that employers report worker musculoskeletal disorders, known as MSDs, as part of their Form 300 injury logs.

Employer organizations said they fear that the increased MSD reporting could set the stage for mandatory workplace ergonomics standards."

Read the article here.

Challenging The Value Of Safety Training

2009-12-14T07:07:00.000-08:00

I should call this post "odds & ends." I run into all sorts of interesting information that I usually don't have time to write about. Today I thought I'd pass on links, without any additional comments, to a few other blogs and news stories.

Worker Still In Court 27 Years Later For Little Toe Injury

Can An Employer Enforce A Dress Code?

Chris Goulart Challenges the Value of Safety Training

OSHA Costs Me Money - It's Part Of Doing Business

OSHA Levies $321,000 In Fines Against Bridge And Tower Painter UCL Inc.

2009-12-07T14:50:00.000-08:00

OSHA has cited bridge and water tower painter UCL Inc. in Cincinnati with alleged willful, egregious and serious violations of federal workplace safety and health standards for exposing workers to lead. Proposed fines total $321,000.

OSHA began its inspection in May where UCL was abrasive blasting paint from two bridge overpasses on I-75 near Middletown, Ohio. The inspection revealed nine alleged willful and two serious violations.

Hazards identified as willful allege a variety of violations of the federal lead in construction standard, including a lack of appropriate respirators and protective clothing, failing to maintain eating areas free of lead contamination and failing to remove lead dust from equipment before workers entered designated eating areas. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.

Four of the willful violations, relating to the employer's failure to provide clean protective clothing to workers on a daily basis, are also classified as egregious. By designating violations as egregious, OSHA can assess penalties for each time the violation occurs, rather than proposing a single penalty for all violations of a specific agency regulation.

The two serious violations address an inadequate lead compliance program and failing to provide adequate hand washing facilities for employees. 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.

"Few Americans are aware of lead's deadly effects or the fact that lead taken home on clothing and work tools can infect an entire family," said OSHA Area Director Richard Gilgrist in Cincinnati. "The cost of employee and family health is far too great a price to pay for anyone to ignore this hazard. All of us want to see working men and women go home safe and without carrying toxic substances into their homes at the end of every work shift."

While UCL has been in business since 1999, the company owner previously owned United Painting Co., a business that was cited repeatedly by OSHA for lead standard violations. UCL also has received numerous citations, many of which were for violations of federal lead standards. An Aug. 27 fatal accident at another bridge painting worksite of UCL, along the same I-75 construction corridor, is still under investigation.

The company has 15 business days from receipt of the citations to comply, request an informal conference with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission.

ASSE States Transportation-Related Falls Covered Under the Z359 Fall Protection/Arrest Standards

2009-12-02T06:37:00.000-08:00

The American Society of Safety Engineers (ASSE) recently noted that falls in the transportation industry are covered under the American National Standard Institute (ANSI)/ASSE Z359 Fall Protection standards, including rolling stock, which refers to all vehicles, such as trailers, that move on a railway. The response is due to a recent request from a safety product manufacturer for interpretation of rolling stock as it applies to the Z359.0-2009 and ANSI/ASSE Z359.2-2007 Fall Protection standards.

The Z359 Accredited Standards Committee (ASC) stated that an interpretation was not necessary, as the committee agreed that the scope of the Z359 ASC and its projects and standards have always included rolling stock and therefore it is not exempt from the standard. The question of whether Z359.0 and Z359.2 apply to rolling stock was asked due to a proposal that the Z359 Committee develop a standard addressing fall protection specific to rolling stock. However, the committee notes that the transportation industry as a whole has also always been covered under the standards, and is not exempt.

Transportation-related incidents continue to be the number one cause of on-the-job-deaths; and according to the U.S. Bureau of Labor Statistics (BLS), in 2008, the number of fatal work injuries in rail transportation increased. The Z359 ASC is concerned with falls from heights in the transportation industry including stationary vehicles, equipment, and railroad cars. Transportation professionals can turn to the current standards for guidance regarding fall protection.

ASSE serves as the secretariat for the Z359 Fall Protection standards, or Fall Protection Code. The ASSE Fall Protection Code currently includes nine standards: Z359.0-2009 “Definitions and Nomenclature Used for Fall Protection and Fall Arrest;” Z359.1-2007 “Safety Requirements for Personal Fall Arrest Systems, Subsystems and Components;” Z359.2-2007 “Minimum Requirements for a Comprehensive Managed Fall Protection Program;” Z359.3-2007 “Safety Requirements for Positioning and Travel Restraint Systems;” Z359.4-2007 “Safety Requirements for Assisted-Rescue and Self-Rescue Systems, Subsystems and Components;” Z359.6-2009 “Specification and Design Requirements for Active Fall Protection Systems;” Z359.12-2009 “Connecting Components for Personal Fall Arrest Systems;” Z359.13-2009 “Personal Energy Absorbers and Energy Absorbing Lanyards” as well as the historical ANSI/ASSE Z359.1-1992 (R1999).

For more information on the Z359 Fall Protection Code, version 2.0, visit https://www.asse.org/cartpage.php?link=z359-v2. For more information on the rolling stock issue, go to ASSE Transportation Practice Specialty’s interactive online TransActions newsletter at http://viewer.zmags.com/publication/5c406127#/5c406127/1 and turn to page 27.

OSHA Proposes $484,000 In Penalties For Asbestos Hazards In Buffalo, NY

2009-12-02T06:33:00.000-08:00

On Monday OSHA issued citations to Cambria Contracting Inc. for 11 alleged willful violations of the OSHA construction asbestos standard for failing to train and protect its workers at a Buffalo jobsite. The Lockport, N.Y., demolition contractor faces a total of $484,000 in proposed penalties.

"These significant penalties reflect the fact that this employer, an asbestos contractor with extensive knowledge of the OSHA standards that govern asbestos removal and handling, chose not to follow these standards and put its workers, including young, inexperienced college students, in harm's way," said acting Assistant Secretary for OSHA Jordan Barab.

OSHA found that several Cambria Contracting workers, who were cleaning up debris at the former AM&A department store warehouse on Washington Avenue, had not been trained in asbestos hazards and how to protect themselves. The workers also lacked proper respirators and protective clothing, and had not been informed of the presence of asbestos at the site. In addition, the employer failed to determine the asbestos exposure level and to establish a regulated work area for asbestos removal and handling. It also did not use vacuums with HEPA filters to collect debris but used methods to move debris with asbestos-containing material that typically can cause asbestos to be released into the air.

OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for worker safety and health.

"This employer knew that training and other safeguards, which are well-known in the industry, were required, yet chose not to provide them," said Robert Kulick, OSHA's New York regional administrator. "That is unacceptable and needlessly placed the health of these workers at risk."

"Asbestos is well recognized as a health hazard since inhalation of asbestos fibers may lead to lung cancer and other diseases," said Arthur Dube, OSHA's Buffalo area director. "As exposures frequently occur during renovation and demolition work, we strongly urge contractors to ensure that their workers are adequately trained and protected against asbestos hazards."

Detailed information on asbestos is available on OSHA's Web site at: http://www.osha.gov/SLTC/asbestos/index.html and http://www.osha.gov/SLTC/asbestos/construction.html.

Cambria Contracting has 15 business days from receipt of its citations and proposed penalties to comply, meet with OSHA or contest the findings before the independent Occupational Safety and Health Review Commission. The inspection was conducted by OSHA's Buffalo Area Office; telephone 716-551-3053.