The Safe Workplace

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).


Wednesday, March 10, 2010

OSHA Notifies 15,000 Workplaces Nationwide With High Injury and Illness Rates

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.

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Thursday, November 05, 2009

Preliminary Top OSHA Violations For 2009

OSHA has revealed the preliminary top 10 most-frequent workplace safety violations for 2009 as part of a presentation at the NSC's annual Congress & Expo. The number of top 10 violations has increased almost 30 percent over the same time period in 2008.

"We appreciate our colleagues at OSHA presenting their new violation data to such a receptive audience," said National Safety Council President and CEO Janet Froetscher. "The sheer number of violations gives us new resolve in raising awareness about the importance of having sounds safety procedures."

The workplace violations are:

1. Scaffolding - 9,093 violations

Scaffold accidents most often result from the planking or support giving way, or from the employee slipping or being struck by a falling object.

2. Fall Protection - 6,771 violations

Any time a worker is at a height of four feet or more, the worker is at risk and needs to be protected. Fall protection must be provided at four feet in general industry, five feet in maritime and six feet in construction.

3. Hazard Communication - 6,378 violations

Chemical manufacturers and importers are required to evaluate the hazards of the chemicals they produce or import, and prepare labels and safety data sheets to convey the hazard information to their downstream customers.

4. Respiratory Protection - 3,803 violations

Respirators protect workers against insufficient oxygen environments, harmful dusts, fogs, smokes, mists, gases, vapors and sprays. These hazards may cause cancer, lung impairment, other diseases or death.

5. Lockout-Tag out - 3,321 violations

"Lockout-Tag out" refers to specific practices and procedures to safeguard employees from the unexpected startup of machinery and equipment, or the release of hazardous energy during service or maintenance activities.

6. Electrical (Wiring) - 3,079 violations

Working with electricity can be dangerous. Engineers, electricians and other professionals work with electricity directly, including working on overhead lines, cable harnesses, and circuit assemblies. Others, such as office workers and sales people, work with electricity indirectly and may also be exposed to electrical hazards.

7. Ladders - 3,072 violations

Occupational fatalities caused by falls remain a serious public health problem. The US Department of Labor (DOL) lists falls as one of the leading causes of traumatic occupational death, accounting for eight percent of all occupational fatalities from trauma.

8. Powered Industrial Trucks - 2,993 violations

Each year, tens of thousands of injuries related to powered industrial trucks (PIT), or forklifts, occur in US workplaces. Many employees are injured when lift trucks are inadvertently driven off loading docks, lifts fall between docks and an unsecured trailer, they are struck by a lift truck, or when they fall while on elevated pallets and tines.

9. Electrical - 2,556 violations

Working with electricity can be dangerous. Engineers, electricians, and other professionals work with electricity directly, including working on overhead lines, cable harnesses, and circuit assemblies. Others, such as office workers and sales people, work with electricity indirectly and may also be exposed to electrical hazards.

10. Machine Guarding - 2,364 violations

Any machine part, function, or process that may cause injury must be safeguarded. When the operation of a machine or accidental contact injures the operator or others in the vicinity, the hazards must be eliminated or controlled.

The final report on the Top 10 for 2009 violations will be published in December.

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Thursday, October 01, 2009

Get Ready For A More Aggressive OSHA

An article on HealthCarePOV, an online blog of Advance News magazines, provides a overview of the "new" OSHA. The article opens with the statement:

The Obama administration's "new OSHA" has a simple message for U.S. industry. This message has been delivered loudly and clearly by both Secretary of Labor Hilda Solis and Acting Assistant Secretary for Occupational Safety and Health Jordan Barab. Their message: "There is a new sheriff in town." And we all know what sheriffs do. They aggressively enforce the law. That is exactly what the new Occupational Safety and Health Administration (OSHA) intends to do.

Written by James A. Lastowka, a partner in the law firm of McDermott Will & Emery LLP, the article discusses the new OSHA's leadership team; the Top priorities for the new OSHA; and What companies must do to prepare for the new OSHA

You can read the entire article here: The New OSHA

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Wednesday, September 30, 2009

New OSHA Injury and Illness Recordkeeping National Emphasis Program

Recently, several academic studies have asserted varying degrees of under-recording of workplace injuries and illnesses on the OSHA Form 300. At the request of the Senate Committee on Health, Education, Labor and Pensions and the House Committee on Education and Labor, the Government Accountability Office (GAO) initiated a study on the accuracy of employer injury and illness records.

In an effort to identify and correct under-recorded and incorrectly recorded cases and to work cooperatively with the GAO, OSHA is initiating this NEP. This NEP also complements the Bureau of Labor Statistics’ efforts to investigate factors accounting for differences in the number of workplace injuries and illnesses estimated by the BLS and other data sources.

OSHA postulates the most likely places where under-recorded injuries and illnesses may exist would be low rate establishments operating in historically high rate industries. The NEP will pilot test OSHA’s ability to effectively target establishments to identify under-recording of occupational injuries and illnesses.

This NEP is one component of OSHA’s effort to address the issue of inaccurate recording of occupational injuries and illnesses. In addition to this NEP, OSHA will address the issue through comprehensive training of its compliance staff to identify and correct violations of the recordkeeping regulation. OSHA will also develop other enforcement and quality assurance programs to address the recordkeeping issue in establishments and industries outside the scope of this NEP (e.g., the construction industry, Partnerships, VPP and SHARP establishments).

You can read the OSHA notice on this NEP here.

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Monday, September 21, 2009

OSHA Document Describes Silica Control

Controlling Silica Exposures in Construction, a guidance document recently published by the OSHA addresses the control of worker exposure to dust containing crystalline silica, known to cause the lung disease silicosis.

The publication, intended to assist employers in providing a safe and healthful workplace, includes methods for controlling silica such as wet cutting during construction operations. Wet cutting controls silica dust generated when using hand-held saws, grinders and jackhammers. Wetting materials at the point of impact makes the dust particles heavier and more likely to stick to each other, reducing the chance of dust becoming airborne.

Vacuum dust collection systems also effectively control silica by drawing dust particles away from the worker's breathing zone and depositing them into a filtered dust collection chamber.

"Workers in the construction trades not only suffer serious injuries and illnesses resulting from unsafe equipment but also from inhaling harmful dusts," said acting Assistant Secretary of Labor for OSHA Jordan Barab. "Providing guidance for reducing potentially fatal hazards associated with occupational exposure to silica dust is one of this agency's priorities."

Employers should conduct periodic monitoring of silica exposure by testing air samples at the construction site to determine if the level of silica in the air exceeds the permissible exposure limit (PEL) outlined in the construction PEL standard. As one of OSHA's areas of emphasis, the agency has developed standards for silica to assure work practice controls are effective.

For more information, visit OSHA's Safety and Health Topics page on crystalline silica.

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OSHA Opens Record On Proposed Rule On Electric Power Generation, Transmission and Distribution

OSHA announced today that it is opening the record on a Notice of Proposed Rulemaking on electric power generation, transmission, and distribution and for electrical protective equipment. This limited opening seeks to obtain comments related to safe proximity between a worker and exposed electrical parts.

OSHA published a proposed rule to revise the general industry and construction standards for electric power generation, transmission, and distribution and for electrical protective equipment, such as insulating blankets, gloves and rubber sleeves. That proposal included revised minimum approach distances (MAD) to determine how close a worker or an object that the worker is holding can get to an electrical part. The Institute of Electrical and Electronics Engineers later made further corrections for calculating MAD and the current proposed rule includes those revisions.

"We want to incorporate the most accurate data for keeping workers at safe distances from dangerous electrical sources," said acting Assistant Secretary of Labor for OSHA Jordan Barab. "Extending this rulemaking process will provide us with the information we need to provide the best possible protection for working men and women."

A public hearing will be held Oct. 28 from 9:30 a.m. to 1:30 p.m. The agency will accept comments on the proposed rule until Oct. 15. Interested parties who intend to speak at the hearing must submit notices of intention to appear no later than Oct. 1. Submit comments to the OSHA Docket Office, Docket No. OSHA-S215-2006-0063, U.S. Department of Labor, Room N-2625, 200 Constitution Ave., N.W., Washington, D.C. 20210. Comments may also be submitted to http://www.regulations.gov, the federal eRulemaking portal or faxed to the OSHA Docket Office at 202-693-1648.

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Wednesday, July 29, 2009

Employers Must Record At-Work 'Horseplay' Injuries

OSHA has issued an interpretation letter covering recording injuries resulting from horseplay in the workplace. It states that workplace injuries resulting from "horseplay" must be recorded in OSHA logs. Here is that letter:

Dear Mr. Winkelman:

Thank you for your December 2, 2008, letter to the Occupational Safety and Health Administration (OSHA) regarding the Recordkeeping regulation found at 29 CFR Part 1904. Specifically, you requested guidance from OSHA on a case regarding "horseplay."

Scenario: In your letter, you describe an instance where two of your supervisors had completed their work for the day and had entered the change trailer to change clothes and proceed home. There was some bantering back and forth concerning how to beat the traffic at shift's end. The discussion escalated into a physical confrontation where one supervisor allegedly pulled a knife and struck the other in the right bicep, causing a laceration that required sutures to close.

Issue: You have asked OSHA to endorse your contention that, because the work environment did not contribute to the "horseplay gone badly," as you described the situation, the injury was not work-related and thus was non-recordable under OSHA regulations.

Response: Under 29 CFR Subpart C, "Recordkeeping Forms and Recording Criteria," an injury must be recorded if it is work-related, is a new case, and meets one or more of the general recording criteria (such as requiring medical treatment beyond first aid). See 29 CFR §1904.4(a). An injury is presumed to be work-related if it results from an event occurring in the work environment, unless an enumerated exception to this geographic presumption applies. See 29 CFR §1904.5(a). The work environment includes any location where one or more employees are working or are present as a condition of their employment. See 29 CFR §1904.5(b)(1). We assume that the supervisors were in the change trailer as a part of their work or as a condition of their employment. If our assumption is correct, the injury resulted from an event (the altercation between the two supervisors) occurring in the work environment and was thus work-related. When a work-related injury requires treatment beyond first aid, it is recordable unless it falls within one of the §1904.5(b)(2) exceptions to the geographic presumption.

Violence in the workplace does not generally qualify as an exception. OSHA's Frequently Asked Question 5-2 (found at http://osha.gov/recordkeeping/detailedfaq.html#1904.4) provides guidance on this issue:
Question 5-2: Are cases of workplace violence considered work-related under the new Recordkeeping rule?

The Recordkeeping rule contains no general exception, for purposes of determining work-relationship, for cases involving acts of violence in the work environment. However, some cases involving violent acts might be included within one of the exceptions listed in section 1904.5(b)(2). For example, if an employee arrives at work early to use a company conference room for a civic club meeting and is injured by some violent act, the case would not be work-related under the exception in section 1904.5(b)(2)(v).
Furthermore, the geographic presumption (that is, an injury is work-related if it occurs in the work environment) covers cases in which an injury or illness results from activities that occur at work but that are not directly productive, such as horseplay. See the preamble to the final rule (66 Fed. Reg. 5916, 5929 (Jan. 19, 2001)).

Applying these principles to your situation, it is OSHA's position that the injury was work-related and required medical treatment beyond first aid. This is so whether the incident leading to the injury is characterized as horseplay or as workplace violence, neither of which is covered by any exception to the geographic presumption. Therefore, the injury is recordable.

Both the Note to Subpart A of the regulation (29 CFR §1904.0) and the Overview to OSHA Form 300 (http://osha.gov/recordkeeping/new-osha300form1-1-04.pdf) expressly state that recording a case does not indicate that an employer or employee was at fault or that an OSHA standard was violated. In addition, OSHA recognizes that injury and illness rates do not necessarily indicate an employer's lack of interest in safety and health. Recording a case indicates only three things: (1) that an injury or illness has occurred; (2) that the employer has determined that the case is work-related (using OSHA's definition of that term); and (3) that the case is non-minor, i.e., that it meets one or more of the OSHA injury and illness recording criteria. See 66 Fed. Reg. at 5933.

Thank you for your interest in occupational safety and health. We hope you find this information helpful. OSHA requirements are set by statute, standards, and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. In addition, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at http://www.osha.gov.

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Tuesday, July 28, 2009

OSHA Explains Exposure Monitoring Requirements For Ethylene Oxide

Ethylene oxide exposure levels and monitoring requirements are addressed in OSHA's recently published Small Business Guide for Ethylene Oxide. The guidance document helps employers understand the ethylene oxide (EtO) standard and explains how to monitor the air quality in workplaces where EtO is processed, used or handled.

The document includes clarification of the various types of EtO exposure monitoring, lists and explains the exposure levels used by OSHA and provides an outline of what employers should do when monitoring shows EtO exposure levels exceed the allowable limits.

"Because ethylene oxide cannot be detected by sight or smell, workers can be exposed to dangerous levels and not realize it," said acting Assistant Secretary of Labor for OSHA Jordan Barab. "Understanding OSHA's EtO standard is vital to ensuring that employers know how to measure exposure levels so that workers are not exposed to potentially serious illnesses."

The odorless, colorless EtO gas is widely used in hospitals to sterilize surgical equipment. Among other common products, EtO also is found in antifreeze, detergents, adhesives and spices. Short-term exposure to EtO can cause difficulty breathing and nausea, among other symptoms. Long-term exposure can cause more severe conditions such as damage to the nervous system and cancer.

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Thursday, July 23, 2009

OSHA Plans July 31 Firing Of Professed Whistleblower

The Charlotte Observer reports that "Bob Whitmore, an OSHA official who has publicly criticized his agency for failing to get tough with companies that try to hide workplace injuries, has lost a key round in his fight to hold on to his job."

Mr. Whitmore has been outspoken about OSHA letting companies under report workplace injuries through careless record keeping. The result was that workplaces appeared to be safer than they really were.

Charlotte Observer "reporters spoke with Whitmore starting in spring 2006 while reporting on injuries inside poultry plants. The newspaper's investigation, published in February 2008, found that many injured employees weren't showing up on company injury logs. That made plants appear safer than they actually were."

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Friday, June 12, 2009

OSHA Seeking Nominations For the National Advisory Committee on Occupational Safety and Health.

OSHA has announced that nominations are being accepted for persons to serve on the 12-member National Advisory Committee on Occupational Safety and Health.

Nominations will be accepted for representatives in the following categories: public, management, labor, occupational safety and occupational health. Members will serve a two-year term.

If submitting nominations by mail, hand delivery or messenger service, send three copies to the OSHA Docket Office, Room N-2625, U.S. Department of Labor, 200 Constitution Ave. NW, Washington, D.C. 20210; telephone 202-693-2350.

Nominations may be sent electronically to http://www.regulations.gov, the Federal eRulemaking Portal, or by facsimile at 202-693-1948. All nominations for NACOSH must include the agency name and docket number, OSHA-2009-0012. Nominations must be submitted no later than July 11, 2009.

Questions concerning the NACOSH nominations process can be addressed to Deborah Crawford at 202-693-1932 or crawford.deborah@dol.gov.

NACOSH was established under section 7(a) of the Occupational Safety and Health Act of 1970 to advise the Secretary of Labor and the Secretary of Health and Human Services on matters relating to the administration of the Act.

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Monday, May 18, 2009

Labor Dept. To Withdraw Risk Assessment Proposal

The Wall Street Journal's Washington Wire reports that the U.S. Department of Labor will withdraw the proposal for a risk assessment of new workplace safety standards. The article reports that the "risk assessment proposal will be withdrawn in June. Critics have said the proposed rule would add extra steps to an already slow regulatory process by making it harder to prove the level of risk workers face when exposed to toxins on the job."

The complete article is available here.

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Friday, May 01, 2009

OSHA Program Suspended By OSHA Head Jordan Barab

A special worker health and safety program that targets employers that repeatedly put their workers in harms way is not working and needs to be refocused, witnesses told the Workforce Protections Subcommittee of the House Education and Labor Committee today.

"After six years of operation, it’s clear that the Enhanced Enforcement Program original design is flawed, and that OSHA under the Bush administration did not implement the program as intended," said U.S. Rep. Lynn Woolsey (D-CA), chair of the subcommittee. "We need to know why the program is not working and what we can do to fix it. The EEP has failed hundreds of workers like Jesus Rojas, and that is just not acceptable."

The Enhanced Enforcement Program, created in 2003 by the Bush administration after an exposé into the poor safety and health record of the McWane Corporation, identifies high risk employers by their past behavior and targets them for additional scrutiny. However, the U.S. Department of Labor Inspector General found the Bush federal Occupational Safety and Health Administration did not properly carry out the initiative and it failed to effectively deter employers from putting workers’ lives at risk.

"It is essential that OSHA target its limited resources to inspect workplaces with the highest risk of hazardous conditions that have greater potential to cause injuries and fatalities," said Elliot Lewis, assistant inspector general for audits at the U.S. Department of Labor. "While we cannot conclude that the enhanced enforcement would prevent subsequent fatalities, full and proper application of EEP procedures may have deterred and abated workplace hazards at the worksites of 45 employers where 58 subsequent fatalities occurred."

The Inspector General report also referenced additional businesses that should have been included in the Enhanced Enforcement Program, but never were. The report cited the death of Raul Figueroa, a mechanic at Waste Management in Florida who was killed while repairing a truck. OSHA cited Waste Management for a serious violation that resulted in the death of Figueroa.

"For some time before his death, my stepfather complained about safety problems at the facility,” said Jesus Royas, Figueroa’s stepson. "Companies like Waste Management should not be allowed to cut corners and compromise safety."

Witnesses also said the current program is too limited in scope because it does not focus on corporate-wide investigations and does not focus on the most flagrant violations that occur before workers are killed.

"What is needed is a more systemic, holistic examination of the current OSHA enforcement regime," said Eric Frumin, director of health and safety at Change to Win. "Waste Management's OSHA violations increased by 28 percent over the period 2003 to 2007. If Waste Management had implemented a comprehensive safety program, and held its managers accountable, Raul Figueroa might well be alive today."

The current head of OSHA testified that the agency is working on improving the Enhanced Enforcement Program.

"The Enhanced Enforcement Program was designed…to focus enforcement efforts on recalcitrant employers," said Jordan Barab, acting head of OSHA. "OSHA is exploring ways to reinvigorate the EEP, and the OIG report provides a starting point for our efforts to do this in the most effective way."

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Thursday, April 02, 2009

OSHA's New Guidance Document Focuses On Mandatory Respirator Selection Provisions Added To The Existing Respiratory Protection Standard

Assigned Protection Factors (APF), a new guidance document published by the Occupational Safety and Health Administration (OSHA), provides employers with vital information for selecting respirators for employees exposed to contaminants in the air.

OSHA revised its existing Respiratory Protection standard in 2006 to add APFs and Maximum Use Concentration (MUC) provisions. APF means the workplace level of respiratory protection that a respirator or class of respirators is able to provide to workers. The higher the APF number (5 to 10,000), the greater the level of protection provided to the user. APFs are used to select the appropriate class of respirators that will provide the necessary level of protection against airborne contaminants. Such exposures can come from particles or a gas or vapor.

MUC represents the limit at which the class of respirator is expected to provide protection. Whenever a hazard's exposure level exceeds MUC, employers should select a respirator with a higher APF. MUC means the maximum atmospheric concentration of a hazardous substance for which a worker can be expected to be protected when wearing a respirator.

"Proper respirator selection prevents exposure to hazardous contaminants and is an important component of an effective respiratory protection program," said Deputy Assistant Secretary of Labor for OSHA Donald G. Shalhoub. "This guidance document serves as another useful resource for protecting the health and safety of workers at risk for respiratory illnesses."

APF and MUC are mandatory respirator selection requirements that can only be used after respirators are properly selected and are used in compliance with the entire standard. The Respiratory Protection standard requires fit testing, medical evaluations, specific training and proper respirator use. The standard applies to general industry, construction, longshoring, shipyard and marine terminal workplaces.

Related Past Posts:
OSHA Issues Final Rule On PPE
Is PPE Compliance A Challenge In Your Facility?
PPE Compliance, A Top Workplace Concern

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Monday, March 09, 2009

OSHA Above Ground

A new blog, written by an OSHA employee, started up on Janary15th. It provides some interesting insights, and level-headed commentary about what OSHA does and how things work inside OSHA. It is called OSHA Aboveground.

I particularly found the post from last Friday, title Clowns To The Left... to be interesting. It is about the OSHA rule making process.

Although it is just getting started, this blog looks like it is going to be very good reading.

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Monday, March 02, 2009

OSHA proposes $41,000 in Fines Against Sauerkraut Manufacturer

OSHA has cited Great Lakes Sauerkraut Co. LLC with $41,400 in proposed fines following inspections conducted under OSHA's Site Specific Targeting Plan. The agency cited the Shortsville, N.Y., sauerkraut maker with 16 alleged serious violations of safety and health standards at its manufacturing facility.

"These citations encompass a cross-section of mechanical, electrical, fall, noise, confined space and other hazards that should have been addressed prior to the inspection," said Christopher Adams, OSHA's area director in Syracuse.

Specifically, OSHA's inspection found numerous instances of moving machine parts not guarded against accidental employee contact; lack of a hazardous energy control program, training and equipment to prevent the accidental startup of machinery; unguarded live electrical parts; improper storage of compressed gas cylinders; and fall hazards stemming from a lack of fall protection, inadequate ladder safety, uncovered floor openings and unguarded open-sided work platforms and stairways.

Additional hazards included the lack of a confined space training program for employees whose duties involve entering sauerkraut tanks; lack of a hearing conservation program for employees exposed to excessive noise levels; and lack of training in fire extinguisher use and hazards associated with incipient stage fire fighting.

"One way of helping ensure and maintain a safe and healthful workplace is through the establishment of an effective safety and health management system in which employees and management work together to proactively evaluate, identify and eliminate hazardous conditions," said Adams.

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. Great Lakes Sauerkraut has 15 business days from receipt of the citations and proposed penalties to comply or contest them to the independent Occupational Safety and Health Review Commission. This inspection was conducted by OSHA's Syracuse Area Office; telephone 315-451-0808.

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OSHA Proposes $273,000 In Fines For Lack Of Asbestos Safeguards

OSHA cited Blackstone Business Enterprises Inc. of Jamestown, N.Y., for 18 alleged willful and serious violations of OSHA standards for failing to protect contract employees against asbestos hazards.

The sheet metal and structural steel fabricator faces $273,000 in proposed fines for failing to provide required safeguards for temporary employees who were hired to remove asbestos-containing insulation from steam pipes at the company's Blackstone Avenue plant.

"The sizable fines proposed here reflect the fact that this company knew several of these critical safeguards were necessary yet chose not to provide them," said Arthur Dube, OSHA's area director in Buffalo. "Inhalation of asbestos fibers by workers may lead to lung disease and other disorders. That is why it is essential that effective protective measures be in place and in use whenever necessary. One means of identifying and preventing hazards such as these is to develop and maintain an effective safety and health management system."

Specifically, Blackstone did not perform air monitoring to determine the level of asbestos exposure nor did it provide workers with respirators, protective clothing and asbestos training. These conditions resulted in four willful citations, carrying $224,000 in proposed fines. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.

The company also has been issued 14 serious citations, with $49,000 in fines, for failing to determine the presence, location and quantity of asbestos-containing material; establish a regulated work area; properly clean and dispose of asbestos-containing material and contaminated clothing; inform employees and tenants of the asbestos removal; label asbestos-containing insulation and trash bags; and have the work overseen by a competent person. 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.

The company has 15 business days from receipt of the citations to comply, request an informal conference with OSHA's area director in Buffalo or contest the citations and penalties before the independent Occupational Safety and Health Review Commission. 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. Employers and employees with questions about workplace safety may call the agency's Buffalo Area Office at 716-551-3053; a toll-free hotline at 800-321-6742 may be used to report workplace accidents, fatalities or situations posing imminent danger to workers.

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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."

"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.

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Monday, February 02, 2009

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.

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Tuesday, January 13, 2009

Revised OSHA Field Operations Manual Enhances Compliance Assistance And Enforcement

A revised Occupational Safety and Health Administration (OSHA) Field Operations Manual now provides OSHA Compliance Officers with a single source of updated information and guidance to more effectively protect employees from occupational injuries, illnesses, and fatalities.

The Field Operations Manual is the guiding document for OSHA's Compliance Officers, whose mission is to assure the safety and health of America's working men and women. The manual assists Compliance Officers in scheduling and conducting inspections, enforcing regulations, and encouraging continual improvement in workplace safety and health. The manual also guides Compliance Officers on how to inform employers about cooperative programs—such as On-Site Consultation, Strategic Partnerships, and the Voluntary Protection Program—to help them eliminate potential or existing hazards from the workplace.

"The new Field Operations Manual is a comprehensive resource of existing OSHA policy and procedural documents," said Acting Assistant Secretary of Labor for OSHA Thomas M. Stohler. "It gives Compliance Officers important guidance in implementing OSHA's balanced approach to workplace safety and health: enforcement, education and training, and cooperative programs. The Field Operations Manual will also be a resource for employees and employers, giving them a consolidated reference on how OSHA expects workplaces to be made safe and healthy. This is part of OSHA's continuing commitment to make its standards and enforcement activities transparent and understandable to all parties."

The Field Operations Manual (FOM), formerly called the Field Inspection Reference Manual, constitutes OSHA's general enforcement policy and procedures for use by the field offices in conducting inspections, issuing citations and proposing penalties.

Read the OSHA Field Operations Manual here (321 pages).

The significant changes in the new FOM are:
• Cancels and replaces the Field Inspection Reference Manual (FIRM).
• Cancels sections D. and E. of Chapter VI of the prior Field Operations Manual.
• Cancels Chapter XII of the prior Field Operations Manual.
• Will consist of the following chapters:
Chapter 1. Introduction
Chapter 2. Program Planning
Chapter 3. Inspection Procedures
Chapter 4. Violations
Chapter 5. Case File Preparations and Documentation
Chapter 6. Penalties and Debt Collection
Chapter 7. Post-Citation Procedures and Abatement Verification
Chapter 8. Settlements
Chapter 9. Complaint and Referral Processing
Chapter 10. Industry Sectors
• I. Agriculture
• II. Construction [Reserved]
• III. Maritime [Reserved]
Chapter 11. Imminent Danger, Fatality, Catastrophe and Emergency Response
Abstract-4
Chapter 12. Specialized Inspection Procedures
• I. Multi-Employer Workplace/site Policy [Reserved]
• II. Temporary Labor Camps
Chapter 13. Federal Agency Safety and Health Programs [Reserved]
Chapter 14. Health Inspection Enforcement Policy [Reserved]
Chapter 15. Legal Issues
Chapter 16. Disclosure under the Freedom of Information Act (FOIA)

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Friday, January 09, 2009

Top Ten OSHA Violations In 2008

Graphic Products is offering a free copy of a guide to the Top Ten OSHA Violations In 2008.

This guide provides two top ten lists. The top ten OSHA violations based on the number of violations in fiscal year 2008, and the top ten violations based on the total amount of the assessed fines.

In addition to listing the violations, the guides provides a reference to the OSHA regulations that apply, as well as providing a brief description.

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Monday, December 15, 2008

OSHA Issues Final Rule On PPE

OSHA issues final rule on clarifying employers' duty to provide personal protective equipment and train each employee.

The final rule on Clarification of Employers' Duty to Provide Personal Protective Equipment and Train Each Employee was published in Friday's Federal Register. The rule revises OSHA standards to clarify that, for employers to be in compliance, they must provide personal protective equipment (PPE) and hazards training for each employee covered by the standards.

Each employee not protected may be considered a separate violation and penalties assessed accordingly. This revised language is consistent with language in other standards for which per-employee citations have been upheld.

The final rule amendments do not add new compliance obligations. Employers are not required to provide new kinds of PPE or hazards training or use a different approach than what is already required. Additionally, employers are not required to provide PPE or training to employees not already covered by existing requirements.

"This technical correction to the PPE standard brings it in line with other OSHA safety and health standards," said Acting Assistant Secretary of Labor for OSHA Thomas M. Stohler. "By making this change, those few employers who egregiously violate the OSHA PPE standard can be held fully accountable for violations affecting each employee who is not provided proper PPE. This kind of vigorous enforcement is a vital component of OSHA's balanced approach to workplace safety and health."

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Monday, November 17, 2008

Challenges Small Businesses Face In Complying With Federal Regulations

Electronic tools helping small businesses evaluate workplace safety and health management programs was among the topics presented at a recent Occupational Safety and Health Administration (OSHA) forum "Challenges Small Businesses Face in Complying with Regulations."

Nicholas Owens (right), Small Business Administration national ombudsman, said the Occupational Safety and Health Administration "provides helpful, easy to use resources that help small businesses be in compliance with OSHA's standards." Owens was joined by Vincent Santoro (center), vice president of Ideal Jacobs Corp., and Elyce Biddle, a senior economist at the National Institute of Occupational Safety and Health during presentations at OSHA's Office of Small Business Assistance 'Business of Small Business' forum. It was the ninth event in the series that has included topics on teen summer job safety and maritime safety and health issues.
The ninth in the "Business of Small Business Series," these forums provide another venue for small businesses to obtain safety and health management information. Topics ranging from teen summer job safety to lean manufacturing are presented to an average of 40-50 attendees. Speakers from government agencies and private industry share guidance, resources and best practices to help small businesses implement and improve on their safety and health management systems.

Speaker Nicholas Owens (see photo), national ombudsman for the U.S. Small Business Administration (SBA), discussed the role of the SBA as a liaison between small businesses and regulatory agencies. Fairness in enforcement, Owens said, was a major concern as it relates to small business compliance with regulations. He acknowledged OSHA's commitment to regulatory fairness and noted the tools and resources the agency provides to make compliance easier and more business-friendly.

The message that OSHA offers small businesses a helping hand with regulatory compliance was emphasized by National Institute for Occupational Safety and Health (NIOSH) senior economist Elyce Biddle. She discussed a series of electronic tools that businesses can use to determine costs associated with implementing safety and health systems. Included was OSHA's "$afety Pays" program that helps employers estimate the costs of occupational injuries and illnesses. Biddle said this tool is one of the resources OSHA offers to minimize challenges small employers face with regulatory compliance.

Compliance with federal regulations was less complicated for the Ideal Jacobs Corporation, a screen printing manufacturer. Vincent Santoro, vice president of global manufacturing, acknowledged his company benefitted from OSHA's On-site Consultation Program addressing worksite hazards that were identified and subsequently corrected.

As a member of OSHA's Safety and Health Achievement Recognition Program (SHARP), Santoro said, "Customers look at a company differently when they see it takes safety seriously. SHARP made us think about everything from a different perspective. Is what you're paying for safety worth it? Of course, it's always worth it," he said.

SHARP recognizes small employers who operate an exemplary safety and health management program. Businesses accepted into the program are considered models for worksite safety and health.

The above is a press release from OSHA.

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Thursday, October 09, 2008

OSHA Launches National Initiative On Cranes And Derricks

To coincide with the proposed rule on Cranes and Derricks in Construction, published in today's Federal Register, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has initiated a National Crane Safety Initiative to address safety hazards during construction crane operation.

The Crane Safety Initiative also builds on a number of steps taken by OSHA earlier this year to raise awareness on crane safety and increase enforcement of the current standards, including launching local emphasis programs in a number of regions to inspect high-rise construction, stakeholder outreach and additional training on crane safety.

"Three important features of this initiative are that it will provide information and outreach to the construction industry and other stakeholders, offer enhanced resources to OSHA inspectors who address crane safety and implement a National Emphasis Program on Crane Safety," said Assistant Secretary for Occupational Safety and Health Edwin G. Foulke Jr. "The Bureau of Labor Statistics recently reported the 2007 fatality rate was the lowest in recorded history, including a reported five percent reduction in fatalities for the construction industry. This initiative builds upon this successful record."

Through its agency partners in the construction industry, OSHA will increase awareness of and provide information on how to avoid crane hazards. The agency's compliance safety and health officers will receive enhanced resources on crane safety. Additionally, the National Emphasis Program will incorporate increased targeted inspections of construction worksites to identify crane hazards and promote compliance with workplace crane safety requirements.

OSHA's proposed rule on cranes and derricks addresses the key hazards associated with construction cranes and derricks.

Our previous posts on crane safety include:
Tower Crane Safety
OSHA To Issue Proposed Cranes and Derricks Construction Standard
Unqualified Hardhats Feared As Fake Crane-Safety Papers Found
OSHA Investigates Crane Accident

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Friday, September 26, 2008

OSHA Sets Public Hearing On Personal Protective Equipment and Employee Training Requirements

OSHA) will hold a public hearing Oct. 6 and 7 to receive comments on its proposal to clarify the remedies available for violations of its personal protective equipment (PPE) and employee training requirements. The hearing will be held at the U.S. Department of Labor's Frances Perkins Building, 200 Constitution Ave. N.W., Conference Room C-5320 #6, in Washington, D.C.

OSHA encourages all interested members of the public to participate. A notice of hearing is available at http://federalregister.gov/OFRUpload/OFRData/2008-21852_PI.pdf and includes instructions for submitting a required notice of intention to appear by no later than Sept. 26.

The proposed revisions are to implement OSHA's longstanding position that its PPE and training standards impose a separate compliance duty to each employee covered by the PPE or training requirements. An employer who violates one of these provisions commits a separate violation for each employee who is not trained or does not receive the proper PPE.

In this proposal, OSHA seeks to amend its PPE and training standards to clarify the nature of the employer's obligation to each employee and to conform with the language that the Occupational Safety and Health Review Commission has approved as the basis for per-employee citations. More information about the proposal may be found in the Notice of Proposed Rulemaking published in the Aug. 19 edition of the Federal Register (73 FR 48335).

Members of the public with questions about the hearing may contact Veneta Chatmon at 202-693-1999.

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OSHA publishes an Advance Notice of Proposed Rulemaking on Tree Care Operations

OSHA has published an Advance Notice of Proposed Rulemaking (ANPR) addressing tree care operations, including hazards, fatalities and control measures. OSHA is requesting data, information and comments on effective measures to control hazards in tree care operations and prevent injuries and fatalities.

"This rulemaking will assist us in determining effective measures to control hazards and prevent employee injuries and fatalities," said Assistant Secretary of Labor for OSHA Edwin G. Foulke, Jr. "Input from the public is important as we proceed in our efforts to protect the safety and health of the men and women working in tree care operations."

The ANPR includes several questions for public comment related to current employer practices, along with tasks, tools, equipment, machines, vehicles, processes, controls and procedures involved in tree care operations. Additionally, OSHA requests comment on regulatory alternatives to reduce injuries and fatalities, as well as what requirements a standard addressing hazards in this industry should include and the potential costs and benefits of such a standard.

Comments must be submitted by Dec. 17, 2008. To submit electronically, visit http://www.regulations.gov, the Federal eRulemaking Portal and follow the instructions. If your comments do not exceed 10 pages, you may fax them to 202-693-1648. If submitting by mail, hand delivery, or messenger/courier service, send three copies of your comments and attachments to the OSHA Docket Office, Docket No. OSHA-2008-0012, U.S. Department of Labor, 200 Constitution Ave., N.W., Room N-2625, Washington, DC 20210; telephone 202-693-2350. Please include the docket number on all submissions.

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Tuesday, July 08, 2008

Is A Handgun Considered PPE?

Here are some brief stories that caught my eye today...

Which OSHA Requirement Would You Toss? - This is an article in Occupational Hazards by David K. Ermer in which he proposes eliminating the requirement that MSDS's be retained for 30 years.

Occupational Health & Safety reports today that the International Labour Organization calls the declaration that came out of a meeting that preceded the 18 World Congress on Safety and Health at Work as a "'Major New Blueprint' for Global Safety". "The declaration says governments should consider ratifying the ILO Promotional Framework for Occupational Safety and Health Convention, 2006, as a priority, and should ensure workers are protected by an adequate system of enforced safety and health standards."

Is A Handgun Considered PPE? - The police union at Princeton University filed a complaint with OSHA because the University did not provide them with handguns they felt they needed to protect themselves. Read this Daily Princetonian article to find out how OSHA ruled. (OSHA said "no".)

New ASTM Task Group Works on Standard for Safe Handling of Annealed Glass - "Recent accidents involving annealed glass along with requests from OSHA have led ASTM International to form a new task group that will work on the development of a proposed standard guide for the safe handling of annealed glass."

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Monday, June 16, 2008

OSHA Accepts Anonymous Complaints

In their Sunday edition the Boston Globe answers this question from a worker:

"My co-workers and I are subject to what we believe are harmful fumes. Management is aware of the problem, but has refused to take measures to improve air quality. My co-workers and I are hesitant to speak out due to fear of retaliation. What actions can we take to ensure safe conditions without risking our jobs?"

Read the answer in the Boston Globe

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Monday, May 05, 2008

New Rules To Control Explosive Dust May Be Required

Last week the U.S. House of Representatives voted 247-165 to require OSHA to adopt rules to control explosive dust in factories (HR 5522). There was also a vote that would have delay the requirement for new OSHA rules until the investigation into an explosion at a Georgia sugar refiner is finished, That was defeated by a vote of 178-237.

If passed into law the Congressional Budget Office (CBO), based on information provided by OSHA and other safety analysts, estimates that implementing H.R. 5522 would cost $1 million in fiscal year 2009 and $41 million over the 2009-2013 period. These costs consist of $1 million in 2009 for economic and feasibility studies to support the development of the final standard, and $10 million a year—about a five percent increase in OSHA's enforcement workload—beginning in 2010 for enforcement of the final standard. Enacting the bill would not affect revenues or direct spending.

This estimate does not includes state or private industry costs.

The bill will now go to the Senate. U.S. Senator Mike Enzi, R-WY, Ranking Member of the Senate Health, Education, Labor and Pensions Committee (HELP Committee), last week urged Members of the Committee to "think outside the box" to establish effective, innovative strategies to enhance workplace safety and prevent on-the-job injuries and fatalities. "No penalty can make up for the loss of a loved one," Enzi said.

Enzi noted several workplace safety programs that have been proven to be effective, including the Voluntary Protection Programs, workplace drug-testing, and Workplace Compensation Insurance strategies, which vary from state to state.

"These programs have been able to make workplaces safer and even save money," Enzi said. "Let's take a look at the best practices out there and determine how these programs can be translated to the federal level."

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Monday, April 28, 2008

Informal Public Hearing On Proposed Rule On Confined Spaces in Construction

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) announced in the April 21 Federal Register that it will hold an informal public hearing to receive testimony and documentary evidence on the proposed rule for Confined Spaces in Construction. The hearing is scheduled for 10 a.m. on July 22, 2008, at the Department of Labor's Frances Perkins Building in Washington, D.C. If a second or third day is necessary, the hearing will begin at 9 a.m. on those days.

"The proposed rule is intended to address construction-specific issues as they relate to confined spaces and establish comprehensive procedures to protect employees," said Assistant Secretary of Labor for OSHA Edwin G. Foulke, Jr. "This hearing will allow interested parties the opportunity to provide input on the proposed rule."

OSHA published the proposed Confined Spaces in Construction Standard on November 28, 2007 (72 FR 67351) and the public was given until February 28, 2008, to submit comments. Those who intend to present testimony at the hearing must notify OSHA in writing of their intention to do so no later than May 21, 2008. Parties who request more than 10 minutes for their presentations at the hearing and those who will present documentary evidence must provide the agency with copies of their full testimony and all documentary evidence no later than June 20, 2008.

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Wednesday, April 09, 2008

OSHA To Award $6.7 Million In Training Grants

OSHA has announced in the Federal Register that it will be awarding $6,700,000 in grants for safety and health training.

OSHA awards grants to nonprofit organizations on a competitive basis through its Susan Harwood Training Grant Program. Grants are awarded to provide training and education programs for employers and employees on the recognition, avoidance, and prevention of safety and health hazards in their workplaces. OSHA selects the safety and health topics and holds a national competition to award grants. The program
emphasizes four areas:
  • Educating employees and employers in small businesses. For
    purposes of this grant program, a small business is one with 250 or
    fewer employees.

  • Training employees and employers about new OSHA standards.

  • Training at-risk employee and employer populations.

  • Training employees and employers about high risk
    activities or hazards identified by OSHA through the Department of
    Labor's Strategic Plan, or as part of an OSHA special emphasis program.

Nonprofit organizations, including community and faith-based organizations, that are not an agency of State or local government, are eligible to apply. State and local government supported institutions of higher education are also eligible to apply.

OSHA has an annual competition for grants. The Harwood solicitation for grant applications (SGA) opportunity is published in the Federal Register. Once it has been published in the Federal Register, the SGA is posted on the government-wide Grants.gov web site. Grants.gov allows organizations to electronically find and apply for Federal grants. Grants.gov is the single access point for over 1,000 grant programs offered by all Federal grant making agencies.

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Tuesday, February 05, 2008

Acquiring 'Free' OSHA Publications and Posters

OSHA has an alert on there home page concerning solicitations for purchasing copies of OSHA publications and posters.

OSHA reports that they continue to learn of complaints from employers who have received "official looking" announcements and -- in some cases -- threatening notices, messages, or telephone calls from various companies requiring that employers purchase OSHA documents from them in order to remain in compliance with OSHA rules and regulations. The most popular document being offered for sale is the OSHA Workplace Poster (also available in Spanish). OSHA has also learned of a few cases in which individuals, falsely identifying themselves as Department of Labor or OSHA employees, contacted employers threatening fines if they do not purchase specific materials.

It's important that all employers do not become victim of fraudulent solicitation practices or incur unnecessary costs where these resources are concerned.

OSHA's publications and posters are available free to anyone who asks simply by visiting the publications page on the agency's Web site at http://www.osha.gov/pls/publications/pubindex.list. The publications, posters, fact sheets, etc., can be ordered through the publications office or, in most cases, downloaded directly from the Web site.

As a reminder, employers are required to continually display a poster prepared by the Department of Labor that informs employees of protections afforded under the Occupational Safety and Health Act. The poster must be displayed in a conspicuous place where employees, as well as applicants for employment, can view it. Private employers may use the poster available from OSHA's Web site, or a suitable reproduction or facsimile.

If you feel you've received a fraudulent solicitation, contact the OSHA at 1-800-321-OSHA (6742). You can also contact any OSHA area office throughout the nation for information on specific workplace safety and health requirements. Those office addresses and phone numbers are available on the agency's Web site at http://www.osha.gov/html/RAmap.html.

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Monday, February 04, 2008

OSHA Reminds Employers to Post Injury/Illness Summaries Beginning Feb. 1, 2008

The Occupational Safety and Health Administration on Friday reminded employers that beginning Feb. 1, 2008, they must post a summary of the total number of job-related injuries and illnesses that occurred during 2007. Employers are required to post OSHA Form 300A (summary). The 2007 summary must be posted from Feb. 1 to April 30, 2008.

"The OSHA 300 logs provide employers and employees a broad view of where injuries and illnesses are occurring at their worksites," stated Assistant Secretary of Labor for OSHA Edwin G. Foulke, Jr. "Identifying and posting injury and illness information provides employers and employees with useful information to help ensure a more safe and healthful workplace."

The summary must include the total number of job-related injuries and illnesses that occurred in 2007 and were logged on the OSHA Form 300. To assist in calculating incidence rates, information about the annual average number of employees and total hours worked during the calendar year is also required. If a company recorded no injuries or illnesses in 2007, the employer must enter "zero" on the total line. The form must be signed and certified by a company executive. Form 300A should be displayed in a common area where notices to employees are usually posted.

Employers with 10 or fewer employees and employers in certain industries are normally exempt from federal OSHA injury and illness recordkeeping and posting requirements. A complete list of exempt industries in the retail, services, finance, insurance and real estate sectors is posted on the OSHA Web site.

The Department of Labor's Bureau of Labor Statistics may still select exempted employers to participate in an annual statistical survey. All employers covered by OSHA need to comply with safety and health standards. All accidents that result in one or more fatalities or in the hospitalization of three or more employees must be reported verbally within eight hours to the nearest OSHA office.

Copies of OSHA Forms 300 and 300A are available on the OSHA Recordkeeping Web page in either Adobe PDF or Microsoft Excel Spreadsheet format.

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Wednesday, January 23, 2008

OSHA Extends the Comment Period for the Confined Spaces in Construction NPRM

The following is a press release that OSHA issued today:

WASHINGTON -- The Department of Labor's Occupational Safety and Health Administration (OSHA) announced today in the Federal Register (www.osha.gov) that they have extended the public comment period for 30 days on the Agency's Confined Spaces in Construction Notice of Proposed Rulemaking. The Notice was originally published in the November 28, 2007, Federal Register (72 FR 67351).

The proposed rule addresses issues specific to the construction industry. It uses a step-by-step approach to confined space safety by explaining how to assess the hazards, classify the space, and implement effective procedures to protect employees. The rule would also require controlling contractors to coordinate confined space operations among a site's multiple employers.

Public comments must be submitted no later than February 28, 2008, and may be sent by regular mail, express mail, hand delivery, messenger, or by courier service. Comments should be sent to the OSHA Docket Office, Docket No. OSHA -2007-0026, U.S. Department of Labor, Room N-2625, 200 Constitution Avenue, NW, Washington, DC 20210. Comments are accepted electronically at www.regulations.gov. Comments may be submitted via FAX to 202-693-1648.

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Monday, December 31, 2007

OSHA Surpasses Goal For 2007 Inspections

The following is an OSHA press release:

WASHINGTON -- The Occupational Safety and Health Administration (OSHA) recently released its annual enforcement statistics, confirming that the agency's enforcement programs are producing positive results for the benefit of American workers.

In FY 2007, OSHA conducted 39,324 total inspections, a 4.3 percent increase over its stated goal of 37,700. Total violations of OSHA's standards and regulations were 88,846, a 6 percent increase from Fiscal Year (FY) 2006. The agency cited 67,176 serious violations, a 9 percent increase from the previous year and a more than 12 percent increase over the past four years. The number of cited repeat violations also rose from 2,551 in FY 2006 to 2,714 in FY 2007.

"The fact that OSHA surpassed its inspection goal for FY 2007 proves our enforcement commitment remains strong," said Assistant Secretary of Labor for OSHA Edwin G. Foulke, Jr. "The significant increase in citations for serious and repeat violations documents OSHA's focus on identifying and eliminating severe hazards in the workplace."

Fatality and injury and illness rates have continued to decline to record lows. The injury and illness incidence rate of 4.4 per 100 employees for calendar year (CY) 2006 was the lowest that the Bureau of Labor Statistics (BLS) has ever recorded. Workplace fatality rates hit an all-time low in CY 2006 with 3.9 fatalities per 100,000 employees.

OSHA's results show that a strong, fair and effective enforcement program, along with outreach to employees and employers and partnerships and cooperative programs, add value to the workplace for both employers and employees by reducing injuries, illnesses and fatalities.

For more information, visit www.osha.gov.

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Thursday, December 13, 2007

New OSHA Cleaning Industry Safety and Health Resources Web Page

A new U.S. Department of Labor Occupational Safety and Health Administration web page will help cleaning and maintenance industry employers protect the safety and health of their employees.

The new Safety and Health Topics page, "OSHA Assistance for the Cleaning Industry," provides information on potential hazards, such as slips, trips and falls, OSHA standards, and links to free resources from OSHA and other organizations. The web page was developed by OSHA with input from ISSA, a cleaning industry trade association, as part of the OSHA and ISSA Alliance.

"OSHA is the leading resource on safety and health issues for employers and employees in all industries," said Assistant Secretary of Labor for OSHA Edwin G. Foulke, Jr. "This new Safety and Health Topics page is another example of OSHA’s commitment to assist employees with identifying and preventing workplace hazards in the cleaning industry."

The page features information from OSHA and other organizations on the types of hazards common in the cleaning and maintenance industry. Visitors may examine topics related to hazardous or toxic substances, cleaning chemicals and electrical risks, and possible solutions to avoid these hazards. In addition, the page features links to standards frequently cited by OSHA in this industry, such as bloodborne pathogens, asbestos and hazard communication.

OSHA and ISSA have worked together under the Alliance for two years, providing more than 77,000 ISSA members and other stakeholders with valuable information and training resources. ISSA represents more than 4,800 distributor, manufacturer, building service contractor and in-house service provider members.

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Wednesday, October 10, 2007

OSHA Announces Awards Of Grants For Safety Training

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) announced last week that more than $10.1 million in Susan Harwood Training Grants have been awarded to 55 nonprofit organizations for safety and health training and educational programs.

"Outreach and education are at the heart of our compliance assistance efforts for employers and employees," said Assistant Secretary of Labor for OSHA Edwin G. Foulke Jr. "The Harwood grants will help OSHA expand its educational resources to protect working men and women."

The Susan Harwood Grants support workplace safety programs and the development of training materials to educate employees in high-hazard industries, those with limited English proficiency, those who are hard-to-reach and those in industries with high fatality rates, as well as small business employers.

The grants support training programs to educate employees on targeted topics such as construction hazards; general industry hazards; and other safety and health topic areas including pandemic flu and driver safety.

A complete list of the 2007 Susan Harwood Grant recipients is posted at www.osha.gov/dcsp/ote/sharwood.html.

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Wednesday, July 11, 2007

Storage Tanks Module Added to OSHA Safety and Health Topics Page

OSHA recently added a Storage Tanks Module to its Oil and Gas Well Drilling, Servicing and Storage Safety and Health Topics Web page. The module is a product of the Safe Tank Alliance between OSHA, the American Petroleum Institute, the National Fire Protection Association, and the Steel Tank Institute. The module features requirements and solutions for working in permit- and non-permit required confined spaces in aboveground storage tanks.

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Friday, April 06, 2007

Electrical Hazard Recognition

Many workers are unaware of the potential electrical hazards present in their work environment, which makes them more vulnerable to the danger of electrocution. OSHA provides a variety of references that help recognize hazards associated with electrical work. OSHA makes all of these available through a single resources page titled Electrical Hazard Recognition.

The available resources include:

  • Working Safely with Electricity, OSHA Fact Sheet

  • Portable Generator Safety, OSHA Quick Card

  • Using Portable Generators Safely, OSHA Fact Sheet

  • Electrical Safety Hazards of Overloading Cable Trays, OSHA Fact Sheet

  • Construction Pocket Guide

  • Electrical safety web page that provides links to information about electrical safety and electrocutions.

  • OSHA Assistance for the Maritime Industry

  • Pulp, Paper, and Paperboard Mills web page provides links to safety and health information.

  • Electrical Safety: Safety and Health for Electrical Trades Student Manual

  • Fire Fighters Exposed to Electrical Hazards During Wildland Fire Operations

  • Electrocutions Fatality Investigation Reports

  • Construction Industry Safety and Health Outreach Program

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Monday, February 19, 2007

Master Lock Lockout / Tagout

The American Federation of State, County, and Municipal Employees has a health and safety section on their web site which includes information about lockout/tagout. It provides an excellent overview of this important topic. It covers:

Identifying hazardous energy
What is lockout/tagout?
When is lockout/tagout needed?
What does OSHA require?
Tagout vs. Lockout
Tagout Program
Lockout Tagout equipment
Applying Lockout/Tagout
Release From Lockout/Tagout
Periodic Inspections
Training
Retraining

The information was developed using a grant from OSHA. One of the introductory paragraphs states:

"The Occupational Safety and Health Administration (OSHA) has a regulation on the Control of Hazardous Energy (Lockout/Tagout) on September 1, 1989. This regulation, (29CFR 1910.147) helps safeguard employees from hazardous energy while they are performing service or maintenance on machines and equipment. The OSHA regulation requires that employer have documented clearance procedures to ensure that machinery does not start up while an employee is working on it."

We offer the Master Lock line of Safety Lockout/Tagout products. Master Lock provides an exclusive line of Lockout/TagOut equipment and supplies that include innovative and patent-pending cable lockouts, gate valve, ball valve, circuit breaker, plug covers and more. It is called the Master Lock Safety Series of products.

Master Lock Safety Series products are designed to help you successfully develop and implement the best possible lockout/tagout system for your facility. While it’s important to satisfy regulations, preventing accidents and protecting your employees is critical. You can rely on Master Lock Safety Series lockout and tagout products to perform to the high standards you expect from Master Lock.

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Tuesday, December 19, 2006

Labeling Requirements Under OSHA's HAZCOM Standards

OSHA's responds to letters asking for clarification and interpretation of rules, codes and standards. OSHA then publishes those responses on their web site. The College of American Pathologists asked several interesting questions about labeling requirements which OSHA answered here.

Their questions include:

Is it necessary to label each bottle of reagent even if it will be used in a timely manner?

Are coding systems acceptable in place of writing precautionary information on secondary containers?

Does this requirement apply only to hazardous chemicals or to all chemicals used by a laboratory?

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