Safe Workplace and Safety News

$3,000,000 OSHA Fine Against BP North America

noreply@blogger.com (Steve Hudgik) — Wed, 10 Mar 2010 14:43:00 +0000

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

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

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

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

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

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

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

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

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

Toledo Refinery Citations and Proposed Penalties

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

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

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

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

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

noreply@blogger.com (Steve Hudgik) — Wed, 10 Mar 2010 14:39:00 +0000

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.

Least Nobody's Been Hit By A Meteor

noreply@blogger.com (Steve Hudgik) — Wed, 03 Mar 2010 22:38:00 +0000

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

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

CSDA / OSHA Alliance Releases Electrical Safety Best Practice

noreply@blogger.com (Steve Hudgik) — Wed, 03 Mar 2010 22:35:00 +0000

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

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

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

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

Read and Download CSDA Alliance Best Practices

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

Reducing Silica - CSDA-OBP-1002
- Spanish version

Defensive Driving - CSDA-OBP-1003
- Spanish version

Electrical Safety - CSDA-OBP-1004

Heroic Electrical Crew Uses Job Safety Training To Respond To A Car Accident

noreply@blogger.com (Steve Hudgik) — Tue, 02 Mar 2010 22:49:00 +0000

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

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

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

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

Read the entire article at the Chillicothe Gazette.

Navy's 3rd Fleet Stands Down Pending LOTO Review

noreply@blogger.com (Steve Hudgik) — Tue, 02 Mar 2010 22:36:00 +0000

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

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

You can read the complete Navy Times article here.

Free Table Saw Safety Training Program

noreply@blogger.com (Steve Hudgik) — Mon, 01 Mar 2010 17:42:00 +0000

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

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

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

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

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

The Five Threats To Worker's Safety

noreply@blogger.com (Steve Hudgik) — Wed, 24 Feb 2010 21:10:00 +0000

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

But... what was the underlying cause?

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

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

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

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

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

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

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

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

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

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

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

About the Silent Danger Study

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

OSHA cites C.A. Franc $539,000 For Willful Fall Hazard Violations

noreply@blogger.com (Steve Hudgik) — Mon, 15 Feb 2010 22:03:00 +0000

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

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

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

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

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

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

US Business Opposes Work Safety Proposal

noreply@blogger.com (Steve Hudgik) — Thu, 04 Feb 2010 18:33:00 +0000

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

noreply@blogger.com (Steve Hudgik) — Thu, 04 Feb 2010 18:17:00 +0000

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

noreply@blogger.com (Steve Hudgik) — Mon, 01 Feb 2010 21:11:00 +0000

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

noreply@blogger.com (Steve Hudgik) — Wed, 27 Jan 2010 20:30:00 +0000

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

noreply@blogger.com (Steve Hudgik) — Wed, 20 Jan 2010 15:06:00 +0000

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

noreply@blogger.com (Steve Hudgik) — Wed, 20 Jan 2010 14:42:00 +0000

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

noreply@blogger.com (Steve Hudgik) — Thu, 14 Jan 2010 23:00:00 +0000

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

noreply@blogger.com (Steve Hudgik) — Thu, 14 Jan 2010 22:49:00 +0000

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

noreply@blogger.com (Steve Hudgik) — Tue, 12 Jan 2010 21:04:00 +0000

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

noreply@blogger.com (Steve Hudgik) — Tue, 12 Jan 2010 20:58:00 +0000

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

noreply@blogger.com (Steve Hudgik) — Fri, 08 Jan 2010 15:03:00 +0000

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

noreply@blogger.com (Steve Hudgik) — Fri, 08 Jan 2010 14:55:00 +0000

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

noreply@blogger.com (Steve Hudgik) — Tue, 05 Jan 2010 23:11:00 +0000

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

noreply@blogger.com (Steve Hudgik) — Wed, 30 Dec 2009 18:11:00 +0000

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

noreply@blogger.com (Steve Hudgik) — Wed, 30 Dec 2009 18:07:00 +0000

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!

noreply@blogger.com (Steve Hudgik) — Wed, 23 Dec 2009 15:06:00 +0000

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!