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January 2, 2012

Breaking News

Filed under: News & Articles — Tim Roberts @ 6:07 am

 

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February 15, 2012

In this issue

OSHA’s free On-site Consultation Program helps fund innovative safety training center in Maine

In addition to providing free and confidential advice to small and medium-sized businesses in all states across the country, OSHA’s On-site Consultation Program helped fund a new state-of-the-art SafetyWorks! Safety Training Institute in Augusta, Maine. The funding assistance from OSHA allowed Maine’s On-site Consultation Program, SafetyWorks!, to build the new Institute.

SafetyWorks! is an outreach program designed to reduce job-related injuries, illnesses and deaths and provide free training and consultation to Maine employers. The new SafetyWorks! Institute offers traditional classrooms as well as innovative hands-on training equipment, including a full-size fork lift, a confined space simulator and rescue station, an ergonomics station, an electrical panel and a scaffolding station. For more information see the news release.

Like Maine’s program, OSHA’s On-site Consultation services are separate from enforcement and do not result in penalties or citations. Consultants from state agencies or universities work with employers to identify workplace hazards, provide advice on compliance with OSHA standards, and assist in establishing safety and health management systems. To request an on-site consultation, call 1-800-321-OSHA [6742] or visit http://www.osha.gov/dcsp/smallbusiness/consult.html.

OSHA extends temporary enforcement measures in residential construction

OSHA will extend for six months its temporary enforcement measures in residential construction. The temporary enforcement measures, extended through September 15, 2012, include priority free on-site compliance assistance, penalty reductions, extended abatement dates, measures to assure consistency and increased outreach. Fatalities from falls are the number one cause of workplace death in construction.

Over the past year, OSHA has worked closely with the industry, conducting over 1,000 outreach sessions nationwide to assist employers in complying with the new directive. OSHA will continue to work with employers to ensure a clear understanding of, and to facilitate compliance with, the new policy.

OSHA’s Web page also has a wide variety of educational and training materials to assist employers with compliance, including multiple easy-to-read fact sheets, PowerPoint and slide presentations, as well as other educational materials. To access these materials, visit OSHA’s Fall Protection in Residential Construction page.

OSHA cites grain company after 2 teenage workers suffer leg amputations at Kremlin, Okla., facility

OSHA has cited Zaloudek Grain Co. with four serious safety violations following an incident involving two 17-year-olds in August 2011. Both suffered leg amputations when they became caught in an inadequately guarded screw auger while cleaning out a grain flat storage structure at the company’s facility in Kremlin. OSHA investigators found serious violations including failures to affix or secure the machine guard over the moving screw auger, provide training for workers assigned to enter grain structures, ensure the storage structure’s exit was free and unobstructed, and provide exit signs from the storage structure. Proposed penalties total $21,500. See the news release for more information.

In September, OSHA’s Oklahoma City Area Office opened a separate, comprehensive safety inspection of the Kremlin facility under the agency’s Regional Emphasis Program for Grain Handling Facilities that uncovered five additional serious violations. Citations, with fines totaling $12,500, were issued on Dec. 20 and contested by the employer.

OSHA has fined grain operators in Wisconsin, Illinois, Colorado, South Dakota, Ohio, Oklahoma and Nebraska following preventable fatalities and injuries in grain storage bins. In addition to enforcement actions, OSHA sent a notification letter to 13,000 grain elevator operators warning them of proper safety precautions.

OSHA proposes $365,500 in fines to Wal-Mart for repeat and serious safety and health hazards at Rochester, N.Y., store

OSHA cited Wal-Mart Stores Inc. for a total of 24 alleged repeat and serious violations of workplace safety and health standards at its supercenter store No. 2859 in Rochester. The Bentonville, Ark.-based retailer faces a total of $365,500 in proposed fines following inspections conducted by OSHA’s Buffalo Area Office initiated in response to a complaint.

The Rochester inspections led OSHA to identify fall hazards, obstructed exit routes, an absence of lockout/tagout procedures for energy sources that would allow workers to safely perform maintenance on a compactor, an unguarded grinder, no training for workers using personal protective equipment, a lack of eye and face protection, and a lack of information and training on hazardous chemicals in the workplace. These conditions resulted in citations for 10 repeat violations with $288,000 in fines. See the news release for more information.

IOSHA cites 3 employers following investigations after fatal injuries at 2011 Indiana State Fair

Indiana OSHA has cited three organizations involved in the Indiana State Fair accident on August 13, 2011 that resulted in fatal injuries of two workers. Fifty-eight people were injured and 7 were killed when a gust of wind toppled stage equipment just before the band Sugarland was scheduled to perform.

IOSHA cited the Indiana State Fair Commission with one serious violation for failure to conduct a life safety evaluation and cited Local 30 of the International Alliance of Theatrical Stage Employees for 3 serious violations. Violations included failure to consider soil conditions when placing cable anchor points for the grandstand stage; failure to provide fall protection for workers 4 feet or more above ground level; and, failure to conduct a personal protective equipment hazard assessment of the worksite to determine the personal protective equipment required while erecting the load bearing roof and the grandstand.

IOSHA also cited Mid-America Sound Corporation for 3 knowing violations, including failure to develop and implement an Operations Management Plan, failure to develop a risk assessment plan, failure to maintain and use current engineering calculations and documentation, and failure to provide appropriate, qualified supervision. See the news release* for more information.

OSHA proposes $169,000 in fines to Hartford, Conn., contractor for repeatedly exposing workers to cave-in hazards

OSHA proposed a total of $169,000 in fines against contractor Penney Construction Co. LLC, in Hartford, Conn., chiefly for exposing its workers to cave-in hazards while repairing a sewer line in a 10-foot-deep trench. An inspection by OSHA’s Hartford Area Office found that not only did the trench lack any protection to prevent the walls from collapsing onto workers, the cave-in hazard was intensified by the presence of an unsupported sidewalk and catch basin overhanging the trench. OSHA standards require that trenches or excavations 5 feet or deeper be protected against collapse through shoring, sloping of the soil or use of a protective trench box. Even after being informed that the conditions posed an imminent danger, the employer continued to send workers into the trench. Detailed information on trenching and excavation hazards as well as safe working procedures is available on the OSHA Web site.

OSHA has placed Penney Construction in its Severe Violator Enforcement Program, which mandates targeted follow-up inspections to ensure compliance with the law. Initiated in June 2010, the program focuses on recalcitrant employers that endanger workers by committing willful, repeat or failure-to-abate violations. See the news release for more information.

OSHA cites Beasley Forest Products in Georgia for combustible dust and other hazards; $78,000 proposed in penalties

OSHA has cited Beasley Forest Products Inc. for 21 safety and health violations at its Sandersville hardwood sawmill production facility. OSHA opened an inspection in October after receiving a complaint. Proposed penalties total $78,000.

Twelve serious safety violations involve failing to develop specific lockout/tagout procedures for the energy sources of equipment, properly use compressed air for cleaning, install guardrails on walkways to prevent workers from falling 5-18 feet, provide standard handrails on stairways, provide signage prohibiting unauthorized foot or vehicle traffic where logs were being loaded and unloaded, provide machine guards, repair a damaged ladder, allow access to the circuit breaker box, and install covers on electrical boxes for the sorter control cab and the sorter system.

Four serious health violations include failing to establish and implement a hazard communication program for workers exposed to combustible dust, prevent the accumulation of combustible dust, implement a hearing conservation program, and properly store oxygen and acetylene cylinders. See the news release for more information.

Revised Acetylene Standard to take effect March 5 will enhance worker safety

OSHA’s direct final rule revising the Acetylene Standard for general industry goes into effect March 5. The revised standard replaces a reference to an outdated consensus standard with an updated reference from the Compressed Gas Association Pamphlet G-1-2009, Acetylene. The update will provide employers with guidance that reflects current industry practices to better protect their workers from injury or death.

In a Dec. 5 Federal Register notice, OSHA announced the direct final rule would go into effect after three months, barring any significant adverse comments on the rule. OSHA received only one comment, which it determined was not a significant adverse comment.

Secretary of Labor Hilda L. Solis promotes international worker rights through new collaborations

In two recent meetings, Secretary of Labor Hilda L. Solis pledged to collaborate on international worker rights issues. At a Feb. 1 meeting in Washington, D.C., Secretary of Labor Hilda L. Solis met with Colombia Minister of Labor Rafael Pardo to discuss Colombia’s recent achievements in protecting workers’ rights, address challenges that remain, and award a grant of $2 million to the International Labour Organization (ILO) to develop a robust presence in Colombia.

The following day, Secretary Solis and Minister of Labour and Employment Mallikarjun Kharge of the Republic of India signed a memorandum of understanding to encourage dialogue and cooperation between the United States and India on labor and employment issues. The memorandum will enable the Labor Department to begin dialogue with its counterpart in India occupation safety and health issues as well as other labor topics, with their counterparts in India.

New Mexico OSHA and Oil & Gas Association announce collaborative effort to increase worker safety

The New Mexico Occupational Health and Safety Bureau (NM OSHA) and the New Mexico Oil & Gas Association (NMOGA) signed an agreement Jan. 25 that establishes an alliance to foster safer and more healthful New Mexico workplaces. As part of the Alliance Agreement, a team of representatives from both organizations will meet quarterly to develop a plan of action, determine working procedures, and identify roles and responsibilities of the participants. The two organizations will also work together during state safety conferences and encourage participation from industry representatives through development of materials, training programs, workshops, seminars, and lectures. The Alliance will remain in effect for two years. See the news release* for more information.

New fact sheet provides information on protecting shipyard workers from eye injuries during welding and cutting operations

A new OSHA fact sheet, Eye Protection against Radiant Energy during Welding and Cutting in Shipyard Employment,* is intended to help prevent worker eye injuries in the maritime industry. Electromagnetic energy given off by an arc or flame, commonly referred to as radiant energy or light radiation, can injure workers’ eyes. For protection from radiant energy, employers must ensure that workers use the necessary personal protective equipment, such as safety glasses, goggles, welding helmets or welding face shields. This equipment must have filter lenses with a shade number that provides the appropriate level of protection. A shade number indicates the intensity of light radiation that is allowed to pass through a filter lens to one’s eyes. The higher the shade number, the darker the filter and the less light radiation that will pass through the lens. Tables in the fact sheet provide the proper shade numbers to be used under various conditions when performing welding operations including gas and metal arc welding and oxygen cutting.

Nurses’ miscarriages linked to chemicals at work

A new study from the National Institute for Occupational Safety and Health (NIOSH) has found a greater-than-expected risk of miscarriages among nurses exposed to hazardous substances at work. Occupational exposure to chemotherapy drugs and disinfectants were associated with increased risk of miscarriage. The published article is available in the American Journal of Obstetrics & Gynecology.

More workers are injured in the healthcare and social assistance industry sector than any other. Health care workers face a number of serious safety and health hazards, including bloodborne pathogens, chemicals, gases, lifting and repetitive tasks, workplace violence, radioactive materials, and x-rays. For more information, visit OSHA’s Safety and Health topics page about healthcare facilities.

NIOSH webinar today on workers’ compensation among health care workers

In a webinar today, February 15, the National Institute for Occupational Safety and Health (NIOSH) will address the use of intervention evaluation research to address the leading causes of workers’ compensation among health care workers.

Dr. Jim Collins, Associate Director for Science for the NIOSH Division of Safety Research will discuss how hazards in healthcare facilities can be understood by evaluating the injury risks associated with patient lifting, slips, trips, and falls. Webinar participants will learn “best practices” for safety and health and develop a plan for reducing risks at their own facilities.

The webcast, available here, will run from 12-1pm EST.

OSHA alerts workers to falls and other hazards when removing snow from rooftops

A new OSHA hazard alert warns workers of falls and other hazards that every year result in deaths and serious injuries during snow or ice removal from rooftops and elevated surfaces. Workers are at risk for falling off roof edges, through skylights, and from ladders and aerial lifts. Workers may also be injured or killed by a roof collapse. The alert provides methods for preventing these hazards, such as using snow removal methods that do not involve workers going on roofs, evaluating the maximum weight a roof or structure can bear, requiring that workers use fall protection equipment, and ensuring that workers use ladders and aerial lifts safely. Other hazards include injuries associated with the use of snow blowers and other mechanized equipment, entrapment and suffocation under falling snow drifts or snow piles, shock/electrocution hazards from contacting power lines or damaged extension cords, frostbite or hypothermia from cold and windy conditions and musculoskeletal injuries from overexertion.

OSHA also recently created a Winter Storms Web page to provide information on protecting workers from hazards during winter storm response and recovery operations.

Job openings

Are you interested in a career with the Department of Labor? DOL has job opportunities throughout the country, including openings in OSHA.

Feb. 1, 2012

New RAND study on the effectiveness of California’s Injury and Illness Prevention Program rule

According to a new study by the RAND Corporation, a longstanding injury and illness prevention program in California succeeds in protecting workers when coupled with effective enforcement practices.

The first-ever evaluation of the California Injury and Illness Prevention Program identified specific components of the California program, such as training and accident investigation, that are effective in preventing injuries. In addition, the report found that the approach used in California can significantly reduce workplace injuries, but only if it is adequately enforced.

John Mendeloff, lead author of the study and a senior public policy researcher for RAND, suggested that safety and health impacts for workers are greater when employers treat illness and injury prevention as more that just a paper program. According to Mendeloff, the positive impacts are more pronounced when inspectors go beyond a simple review of employers’ written documents.

OSHA recently published a new Injury and Illness Prevention Programs White Paper and is very much focused on learning from California’s experience, as well as those of the many other states that require or encourage Injury and Illness Prevention Programs. Read more on OSHA’s Injury and Illness Prevention Programs Web page.

OSHA reminds employers to post injury/illness summaries beginning Feb. 1

Beginning Feb. 1, employers who are required to keep the OSHA Form 300 Injury and Illness log must post a summary of the log. Employers must post OSHA’s Form 300A from Feb. 1 to April 30, 2012 in a common area wherever notices to workers are usually posted.

The summary must list the total numbers of job-related injuries and illnesses that occurred in 2011. All establishment summaries must be certified by a company executive.

Copies of the OSHA Forms 300, 300A and 301 are available for download on the OSHA Recordkeeping Web page. See OSHA’s Recordkeeping Handbook for more information on posting requirements for OSHA’s Form 300A.

New OSHA training videos in English and Spanish help educate workers on respirator use

OSHA has posted a series of 17 videos to help workers learn about the proper use of respirators on the job. These short videos, nine in English and eight in Spanish, provide valuable information to workers in general industry and construction. Topics include OSHA’s Respiratory Standard, respirator use, training, fit-testing and detecting counterfeit respirators. The clips are available with closed captioning for streaming or download from OSHA’s Web site.

OSHA’s Safety and Health topics page on Respiratory Protection also includes additional training materials, information about occupational respiratory hazards in different industries, and details of OSHA’s Respiratory Protection Standard (29 CFR 1910.134 and 29 CFR 1926.103).

California Attorney General announces settlement requiring honest advertising over Brazilian Blowout products

California Attorney General Kamala D. Harris reached a settlement with the manufacturer of Brazilian Blowout hair straightening products that will require the company to warn California consumers and hair stylists that two of its most popular hair smoothing products emit formaldehyde gas. The Jan. 30 settlement requires GIB LLC, which does business under the name Brazilian Blowout, to cease deceptive advertising that describes two of its popular products, “Brazilian Blowout Acai Smoothing Solution” and “Brazilian Blowout Professional Smoothing Solution,” as formaldehyde-free and safe. A complaint filed by the Attorney General’s office alleged that because the manufacturer did not inform customers or workers that formaldehyde gas was being released during a Brazilian Blowout treatment, product users did not take steps to reduce their exposure, such as increasing ventilation. As a result of the settlement agreement, the company must also make significant changes to its Web site and pay $600,000 in fees, penalties and costs. See the news release for more information.

OSHA’s Hair Salons Web page provides information about potential formaldehyde exposure from working with certain hair smoothing and straightening products, including a hazard alert to hair salon owners and workers.

OSHA orders AirTran Airways to reinstate pilot and pay more than $1 million in back wages and damages

OSHA ordered AirTran Airways, a subsidiary of Dallas, Texas-based Southwest Airlines Co., to reinstate a former pilot who was fired after reporting numerous mechanical concerns. The agency also ordered that the pilot be paid more than $1 million in back wages plus interest and compensatory damages. An investigation by OSHA’s Whistleblower Protection Program found reasonable cause to believe that the termination was an act of retaliation in violation of the whistleblower provision of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, known as AIR21.

OSHA enforces the whistleblower provision of AIR21, as well as 20 other statutes protecting employees who report violations of various securities, trucking, workplace health and safety, nuclear, pipeline, environmental, rail, maritime, health care, consumer product and food safety laws. Employees who believe that they have been retaliated against for engaging in protected conduct may file a complaint with the secretary of labor for an investigation by OSHA’s Whistleblower Protection Program. See the news release for more information.

DOL files complaint to require DeMoulas Super Markets to address hazards at Market Basket stores in Massachusetts and New Hampshire

The Department of Labor’s regional solicitor’s office in Boston filed a complaint against DeMoulas Super Markets Inc., doing business as Market Basket, with the Occupational Safety and Health Review Commission (OSHRC). The complaint asks the commission to order the Tewksbury, Mass.-based chain to comply with OSHA’s safety standards designed to protect employees from fall and laceration hazards at the employer’s more than 60 stores in Massachusetts and New Hampshire. This request for enterprise-wide relief is based upon hazards OSHA found during inspections of various DeMoulas stores, including the agency’s most recent inspections at Market Basket stores in Rindge and Concord, N.H. Those inspections resulted in citations and proposed OSHA fines totaling $589,200, which DeMoulas contested to OSHRC. See the news release for more information.

Owner of N.H. gunpowder plant faces criminal charges after 2010 explosion that killed two workers

A grand jury convened in Coos County, N.H., has indicted Craig Sanborn, owner of gunpowder manufacturer Black Mag LLC, for manslaughter and negligent homicide as a result of a deadly 2010 explosion that took the lives of two workers at the company’s Colebrook, N.H., worksite. The workers, Jesse Kennett and Donald Kendall, who had been on the job for only a month, were being required to hand feed explosive powder into operating equipment because the employer failed to implement essential protective controls. The multiple explosions that occurred when the powder detonated killed both men and blew out the walls and roof of the worksite. Four months earlier another worker had suffered serious burns from a flash fire at the facility.

OSHA issued 54 citations to Black Mag with penalties totaling $1,232,500 following an investigation that found the employer had shown willful indifference to protecting the safety and lives of his workers by failing to provide training, locate operators at safe locations while equipment was operating and separate workstations by distance or barriers. The employer also failed to provide fire resistant clothing, face shields and gloves; to safely store gun powder; and to identify explosion hazards in the company’s operating procedures. See the October 2010 news release for more examples of Black Mag’s numerous safety and health violations.

Cal/OSHA Issues $256,445 in citations to warehouse operators

The California Department of Industrial Relations’ Division of Occupational Safety and Health (Cal/OSHA) issued $256,445 in citations to two companies in Chino, Cal., for violations discovered during warehouse inspections that found unsafe working conditions. Cal/OSHA issued citations to warehouse owner National Distribution Centers and its temporary staffing contractor, Tri State Staffing, for more than 60 violations at four warehouses. The violations include lack of fall protection for high-rise pickers, unstable storage stacking and unguarded machinery.

Cal/OSHA found a dual-employer relationship-where one employer hires workers and provides them to another employer-at three of the four warehouses inspected. In this situation, both employers are potentially liable for violations of safety and health regulations that are meant to prevent workers’ injuries or illnesses.

The warehouse inspections were prompted by complaints received from Warehouse Workers United and a worker’s heat illness injury in August 2011. The employer failed to recognize the symptoms as heat-related or address conditions that led to the worker’s illness. See the news release for more information.

OSHA cites Jennie-O Turkey Store for 11 safety violations after amputation of worker’s arm at Barron, Wisc., processing facility

OSHA fined Jennie-O Turkey Store Inc. $318,000 and cited the company for 11 safety violations after a worker’s arm was amputated below the shoulder. OSHA initiated an inspection after a July 2011 incident, in which the employee’s arm became caught in an energized machine while the employee was conducting cleaning activities alone in a confined space. Afterward, the employee had to walk down a flight of 25 stairs and 200 feet across the production floor to get the attention of a co-worker for assistance. In many instances, employees who work in confined spaces risk exposure to serious physical injury from hazards such as entrapment, engulfment and hazardous atmospheric conditions. See the news release for more information.

OSHA cites Illinois-based Growmark with 5 safety violations for failing to protect grain bin workers at Ixonia, Wis., facility

OSHA cited Growmark, which operates Frontier FS, a grain handling facility in Ixonia, with five safety violations, including one willful violation for failing to de-energize and lock out sweep augers before workers entered grain bins. OSHA initiated an investigation in August under its local emphasis program for grain handling facilities. Proposed fines total $84,000.

In addition to the willful violation, two serious violations involve failing to provide body harnesses or alternative protection as well as rescue equipment for work inside grain bins where engulfment hazards are present. See the news release for more information.

Administrative law judge orders Newport, Del.-based Daisy Construction to pay $59,000 for willful trenching violations

In a recent victory for excavation workers who regularly face dangerous trenching conditions, an administrative law judge with the Occupational Safety and Health Review Commission has found that Newport, Del.-based Daisy Construction willfully violated OSHA’s trenching standards.

Judge Dennis L. Phillips ordered the company to pay $59,000 in penalties, resolving litigation that followed citations issued by OSHA based on a 2010 investigation. Two willful violations were issued for failing to provide workers working in a trench with an adequate protection system to prevent cave-ins and protect employees by removing them from the unprotected trench. One serious violation was issued for failing to instruct workers on how to recognize and avoid unsafe conditions. The company contested the citations, and the case was litigated before the commission. See the news release for more information.

Detailed information on excavation hazards and safeguards is available on OSHA’s Trenching and Excavation Web page.

OSHA schedules meeting of the Maritime Advisory Committee for Occupational Safety and Health

OSHA will hold a meeting of the Maritime Advisory Committee for Occupational Safety and Health (MACOSH) February 22-23 in Washington, D.C. Work groups will meet February 22 and the full committee will meet February 23. The MACOSH agenda will include discussions on working safely around radiation; person in water (man overboard); confined space ventilation; safe entry and cleaning practices for vessel sewage tanks; best practices for eye injury reduction; hot work on hollow structures; injury and illness prevention programs; container handling equipment; semi-tractor tip-over; top/side handler operation safety; staying focused on safety while working on or around cargo handling equipment; safety zones between railcars and cargo handling equipment; and preventing chassis drivers from jostling in the cabs. The formal announcement of the meeting will appear in a Feb. 3 Federal Register notice, which will include information on submitting comments and requests to speak.

OSHA and the American Pipeline Contractors Association renew Alliance to protect the safety and health of workers in the pipeline industry

OSHA has renewed its Alliance with the American Pipeline Contractors Association (APCA) to continue working together to protect workers from serious job hazards during equipment operation, trenching and excavation, and hydrostatic testing. During the two-year agreement, renewed Jan. 30, the Alliance will share information on occupational safety and health standards, and workers’ rights and employer responsibilities through forums, exhibits and stakeholder meetings. The Alliance will also focus on issues related to small businesses, distracted driving, and non-English and limited-English-speaking workers. See the news release for more information.

Through the Alliance Program, OSHA works with groups committed to worker safety and health to prevent workplace fatalities, injuries and illnesses. These groups include unions, consulates, trade or professional organizations, faith- and community-based organizations, businesses and educational institutions. OSHA and the groups work together to develop compliance assistance tools and resources, share information with workers and employers, and educate workers and employers about their rights and responsibilities.

New OSHA worker educational publication on protection from noise in construction

OSHA published a new educational publication for construction workers, Protecting Yourself from Noise in Construction. The booklet, written for workers and employers, provides information on the hazards of loud noise in construction, how noise levels are measured, and how to find out if noise on the job site or from tools is loud enough to cause hearing loss. It also gives examples of administrative and engineering controls employers can use to reduce worker exposure to noise, as well as information on the proper selection and use of personal hearing protection. To order copies of this or other OSHA publications please call 1-800-321-OSHA or 202-693-1999 or visit OSHA’s Publications Web page.

OSHA educational facts sheets provide information on preventing falls in residential construction

Three recent Fact Sheets published by OSHA address fall prevention during roofing operations in residential construction. These and other Fact Sheets can be downloaded from OSHA’s Publications Web page:

OSHA publishes new fact sheet on filing whistleblower complaints under Sarbanes Oxley Act

A new OSHA Fact Sheet provides information on whistleblower protection for workers who report alleged mail, wire, bank, or securities fraud. The Filing Whistleblower Complaints under the Sarbanes-Oxley Act* Fact Sheet is available on OSHA’s Publications Web page.

Job openings

Are you interested in a career with the Department of Labor? DOL has job opportunities throughout the country, including openings in OSHA.

January 17, 2012

OSHA publishes Injury and Illness Prevention Programs White Paper

OSHA has published a new Injury and Illness Prevention Programs White Paper on the agency’s Web site. An injury and illness prevention program is a proactive process to help employers find and fix workplace hazards before workers are hurt. These programs are effective at reducing injuries, illnesses, and fatalities. Many workplaces have already adopted such approaches, for example as part of OSHA’s cooperative programs. Not only do these employers experience dramatic decreases in workplace injuries, but they often report a transformed workplace culture that can lead to higher productivity and quality, reduced turnover, reduced costs, and greater employee satisfaction.

Thirty-four states and many nations around the world already require or encourage employers to implement such programs. The key elements common to all of these programs are management leadership, worker participation, hazard identification and assessment, hazard prevention and control, education and training, and program evaluation and improvement.

OSHA believes that adoption of injury and illness prevention programs based on simple, sound, proven principles will help millions of U.S. businesses improve their compliance with existing laws and regulations, decrease the incidence of workplace injuries and illnesses, reduce costs (including significant reductions in workers’ compensation premiums) and enhance their overall business operations. Read more on OSHA’s Injury and Illness Prevention Programs Web page.

OSHA has also initiated a Small Business Regulatory Enforcement Fairness Act (SBREFA) Panel Process on a draft Injury and Illness Prevention Program rule on January 6, 2012. The SBREFA Panel process is an opportunity, prior to publishing a proposed rule, for affected small entities (including small businesses, small local governments and small not-for-profit entities) to provide input on the impacts of a draft proposed rule–as well as alternatives that OSHA is considering–on small business and to suggest ways such impacts might be decreased, consistent with agency statutory goals. OSHA convened a SBREFA Panel, which consists of members from OSHA, the Small Business Administration’s Office of Advocacy, and the Office of Management and Budget’s Office of Information and Regulatory Affairs (5 U.S.C. 609 (b)(3)). Visit the OSHA Web site for more information on the SBREFA process.

The high costs of falls in construction for employers

A new OSHA PowerPoint presentation shows the heavy financial cost resulting from falls in construction. OSHA analyzed workers’ compensation data for injuries resulting from falls from elevations suffered by roofers and carpenters. The data, which covers 2005-2007, comes from 38 states, which comprises approximately 1/3 of total workers’ compensation benefits.

OSHA’s analysis of fall injuries for roofers and carpenters found that: falls from elevations by roofers cost an average of approximately $106,000 each; falls from elevations by carpenters cost an average of over $97,000 each. To find out more information, view the PowerPoint presentation of Workers’ Compensation Costs of Falls in Construction* posted on OSHA’s Residential Fall Protection Web page.

OSHA orders Union Pacific Railroad Co. to reinstate and pay more than $300,000 to terminated whistleblower

OSHA ordered Omaha, Neb.-based Union Pacific Railroad Co. to immediately reinstate an employee in Idaho who was terminated after reporting a work-related injury. OSHA also has ordered the company to pay the employee more than $300,000 in back wages, compensatory damages, attorney’s fees and punitive damages. The employee filed a whistleblower complaint with OSHA, alleging suspension without pay and then termination 23 days after notifying the company of an on-the-job injury. OSHA’s investigation found reasonable cause to believe that the disciplinary charges and termination were not based on the complainant breaking a work rule but on the complainant reporting an injury to the railroad, which violates the whistleblower protection provisions of the Federal Railroad Safety Act (FRSA). In addition to reinstatement and monetary compensation, OSHA has ordered the railroad to refrain from retaliating against the employee for exercising rights guaranteed under the FRSA. See the news release for more information.

OSHA’s Whistleblower Protection Program enforces the whistleblower provisions of the FRSA and 20 other statues protecting employees who report violations of various securities, trucking, airline, nuclear, pipeline, environmental, public transportation, workplace safety and health, consumer product safety, health care reform and financial reform laws. Under these laws enacted by Congress, employers are prohibited from retaliating against employees who raise various protected concerns or provide protected information to the employer or to the government.

OSHA proposes more than $1 million in fines to Houston, Texas, employer for willful and serious violations

OSHA cited Piping Technology and Products Inc. for 13 willful and 17 serious violations for exposing workers to the risk of amputations and other serious injuries from dangerous machinery, as well as other hazards, at the company’s Houston facility. Proposed penalties total $1,013,000.

Earlier this year a worker filed a complaint with OSHA alleging a lack of brakes on overhead cranes and unguarded presses at Piping Technology. In addition to substantiating the complaint items, OSHA’s inspection found that employees were permitted to cut metal I-beams and pipes without the proper machine guarding, which exposed them to possible severe injuries. Additionally, OSHA inspectors found that the company had failed to guard seven band saws and to lock out all of the sources of hazardous energy to six pieces of equipment before service and maintenance.

OSHA placed Piping Technology in its Severe Violator Enforcement Program, which mandates targeted follow-up inspections to ensure compliance with the law. Initiated in June 2010, the program focuses on employers that endanger workers by committing willful, repeat or failure-to-abate violations. See the news release for more information.

Grain company fined nearly $100,000 for exposing workers to unsafe conditions

OSHA issued LaBolt Farmers Grain Company, Inc. in LaBolt, S.D., 13 citations for exposing workers to unsafe conditions at its grain handling facility where a worker was caught in a moving bin sweep auger and suffered severe injuries to his leg and arm. Proposed penalties total $95,920. OSHA issued LaBolt four willful, six repeat and three serious citations. The willful citations address the alleged failure of the employer to develop and implement a written confined space program, ensure all equipment that presents a danger is neutralized, complete confined space and grain bin entry permits, and provide a competent person as an entrance observer. A willful violation is one committed with intentional knowing or voluntary disregard for the law’s requirements, or with plain indifference to worker safety and health. See the news release for more information.

OSHA has fined grain operators in Wisconsin, Illinois, Colorado, North Dakota, South Dakota, Ohio and Nebraska following preventable fatalities and injuries. In addition to enforcement actions and training, Assistant Secretary of Labor for OSHA Dr. David Michaels sent a notification letter in August 2010 and another in February 2011 to grain elevator operators warning them not to allow workers to enter grain storage facilities without proper equipment, precautions and training.

OSHA posts Summary Report of Stakeholder Meeting on Preventing Occupational Hearing Loss

OSHA held an informal stakeholder meeting Nov. 3, 2011, on preventing occupational hearing loss to provide a public forum and gather information on the best practices for noise reduction in the workplace. The meeting included discussions on personal protective equipment, hearing conservation programs and engineering controls. The purpose of the meeting was to elicit the views of employers, workers, and noise control and safety and health professionals about the hazards of occupational exposure to noise and how best to control them. OSHA held this stakeholder meeting as part of its commitment to work with stakeholders on approaches to prevent hearing loss. The meeting had 30 participants, representing industry, trade organizations, academia, unions, and government agencies, as well as consultants, attorneys, and other parties. All participants were given the opportunity to provide verbal comments at the meeting. A Summary of the stakeholder meeting is posted on OSHA’s Web site.

OSHA Web page offers information to protect workers during winter storm response and recovery operations

OSHA has created a Winter Storms Web page to provide information on protecting workers from hazards they may face during winter storm response and recovery operations. The Web page provides guidance on how employers and workers involved in cleanup and recovery operations can recognize snow storm-related hazards and the necessary steps that employers must take to keep workers safe while working in these conditions. The page includes guidance for workers clearing heavy snow in front of workplaces and from rooftops, workers encountering downed power lines or traveling on icy roads, and utility workers restoring power after winter storms. The new Winter Storms Web page includes links to guidance from OSHA, the Federal Emergency Management Agency, the American Red Cross, the National Weather Service, the National Oceanic and Atmospheric Administration, the Centers for Disease Control and Prevention, the National Safety Council and other agencies and organizations. See the news release for more information.

OSHA directive continues targeted inspection program for protecting federal workers

OSHA recently updated its Federal Agency Targeting Inspection Program (FEDTARG) directive for fiscal year 2012. FEDTARG directs programmed inspections of federal agency establishments that experienced high numbers of lost time injuries during FY 2011. The directive outlines the procedures for carrying out programmed inspections at some of the most hazardous federal workplaces. Changes to this directive include provisions for reviewing alternate and supplementary standards for federal agencies, which are the equivalent of private sector variances from OSHA standards. Other changes include clarifications of how OSHA Area Directors determine the appropriate number and location of on-site inspections for establishments with multiple services or operations.

FEDTARG12 continues OSHA’s nationwide inspection targeting program for federal worksites. OSHA’s Office of Federal Agency Programs (FAP) provides leadership and guidance to the heads of federal agencies to assist them with their occupational safety and health responsibilities. See the news release for more information.

New evaluation of OSHA effectiveness: Enforcement inspections and safety consultation visits effective in reducing compensable workers’ compensation claims rates

A recent study of 10 years of Washington Department of Labor and Industries (L&I) Division of Occupational Safety and Health (WA DOSH) enforcement inspections and safety consultation visits found that those interventions were effective in reducing compensable workers’ compensation claims rates and lowering employer costs in the year following the visit. The issuance of DOSH citations for violations of standards, in particular, was shown to have a powerful effect on reducing compensable time-loss injuries. The focus of Washington State DOSH inspections is on hazards related to traumatic injuries that are covered by specific WA DOSH standards, such as unguarded machinery, lockout/tagout practices and fall hazards. At worksites where citations were issued, compensable claims rates for these types of injuries fell by more than triple the amount than at those having an enforcement visit without citation. The study was conducted by Washington L&I’s Safety and Health Assessment and Research for Prevention (SHARP) program, and was reported at the recent NACOSH meeting. A summary of the study is available from Washington L&I’s Web site.

ACCSH and NACOSH make recommendations to OSHA

The Advisory Committee on Construction Safety and Health (ACCSH) and the National Advisory Committee on Occupational Safety and Health (NACOSH) both met between Dec. 14-16 at Department of Labor headquarters in Washington, D.C., to advise OSHA on workplace safety and health issues.

At the conclusion of the ACCSH meeting, the committee’s Backing Operations Work Group submitted its report on hazards related to backing up construction equipment and recommended that OSHA develop two Backing Operations Web pages that separately address hazards in construction and general industry and address operating equipment with an obstructed view in any direction of travel. Other ACCSH recommendations included additions to OSHA’s next Standard Improvement Project and basic principles for developing an injury and illness prevention programs proposal to effectively address multi-employer construction workplaces.

NACOSH members recommended that OSHA keep the injury and illness prevention program proposed rule as the highest priority on the agency’s Regulatory Agenda; enhance its efforts to issue the proposed silica rule so that the public hearing and comment period can commence and a final standard issued to protect workers from this serious workplace hazard; and support and fund, along with the National Institute for Occupational Safety and Health and other appropriate parties, a symposium to present best practices of small, medium, and large workplaces on injury and illness prevention programs.

OSHA announces new online Outreach Training Program providers

OSHA Selected 10 OSHA authorized training providers to deliver 25 online courses as part of its Outreach Training Program. The OSHA Outreach Training Program teaches workers how to identify, prevent, and eliminate workplace hazards. The program also informs workers of their rights, employer responsibilities, and how to file a complaint. The courses are voluntary and are not required by OSHA, but they provide training that can help protect workers’ safety and health and help employers reduce the high costs of worker injuries and illnesses. The organizations selected by OSHA to offer the online courses will provide a variety of 10- and 30-hour classes designed for Construction, Maritime and General Industry. Since OSHA began authorizing training providers to offer Web-based distance learning in 2001, the online Outreach Training Program has grown significantly. More than 135,000 workers were trained online in 2011? a five-fold increase from the number of online students trained in 2007. Access to courses and other information about the program are available from OSHA’s Outreach Training Program Web page. Read the news release for more information.

Scrap metal processor improves workplace safety with help of OSHA’s free On-site Consultation Service

As part of a commitment to protect its employees from workplace injuries, General Recycling LLC, a Flowood, Miss., scrap metal processor company, requested a free safety evaluation from OSHA’s On-site Consultation Program to help the company expand its safety and health management system. Based on the information provided by the consultant during his visit to the plant, the company quickly corrected all identified safety and health hazards and improved elements of their safety and health management system.

Just over a year after the initial visit to the facility, the consultant returned to General Recycling to conduct a follow-up visit and observed that the company’s employees and managers were working together to improve safety. As a result of General Recycling’s strong safety and health program and record, the company was accepted into OSHA’s Safety and Health Achievement Recognition Program (SHARP).

Indiana Safety & Health Expo and Conference to be held in March

National speakers and the most current safety and health industry information will be highlighted at the 2012 Indiana Safety and Health Conference, to be held March 12-14 at the Indianapolis Marriott East. The three-day event draws over 70 exhibitors and offers more than 50 courses with a variety of education tracks. These include construction safety; occupational health, industrial hygiene; worker’s compensation and ergonomic safety; safety management practices; and safety fundamentals. Course information is designed to benefit safety managers/directors, industrial hygienists, contractors, plant managers, safety engineers, human resources managers, maintenance supervisors and other related personnel. See the conference Web site for more information and to register online.

Nebraska VPP Caucus shares best practices to promote continuous improvement in workplace safety and health

The Nebraska VPP Caucus, an informal organization of Nebraska’s Voluntary Protection Programs sites, meets on a semi-annual basis to promote continuous improvement through the sharing of best practices. As an offshoot of these meetings, the Caucus initiated an outreach campaign that establishes each VPP site as the focal point for outreach programs in their respective communities. To date, the Caucus has held three meetings and plans to continue meeting semi-annually. Each day-long program is hosted by a participating VPP facility. Meetings consist of a discussion of emerging OSHA issues, strategic planning for community outreach, a presentation by the host facility and a “Best Practices” workshop.

The Caucus’ community-based outreach efforts include the Omaha Area OSHA Office’s “Getting to Zero” campaign focused on reducing fatalities in the state through education and awareness, and an emphasis on young worker safety through such methods as adopting community schools, offering 10-Hour OSHA Outreach training to students, or hosting plant tours for students. In addition, VPP participant organizations regularly mentor other businesses in their communities, with regard to implementing effective safety and health management systems.

Duke University Web page provides information to prevent worker injuries from nail guns

The mission of Duke University’s Web site, Nail Gun Safety: The Facts, is to help prevent nail gun injuries, which hospitalize more construction workers than any other tool-related injury and are responsible for approximately 37,000 emergency room visits annually. Most nail gun injuries are puncture wounds to hands and fingers, but some accidents have caused far more serious injuries and even death. It’s not just people who use nail guns who are at risk, but also people who work beside them. Information about nail gun use on the Web site is intended to provide some training tools to help reduce injuries, save lives, promote safe work practices and to inform regulators and other industry stakeholders who can make the safe use of nail guns an even greater priority. Last fall, OSHA and the National Institute for Occupational Safety and Health (NIOSH) released the booklet, Nail Gun Safety – A Guide for Construction Contractors*, to help construction employers and workers prevent work-related nail gun injuries.

Job openings

Are you interested in a career with the Department of Labor? DOL has job opportunities throughout the country, including openings in OSHA.

December 15, 2011

OSHA continues to cite beauty salons and manufacturers for formaldehyde exposure from some hair smoothing products

OSHA is continuing its efforts to protect workers from the dangers of formaldehyde exposure. In November, OSHA issued citations and fines to two salons for failing to implement precautions to protect workers from exposure to formaldehyde when using certain hair-smoothing products. Formaldehyde can irritate the eyes and nose; can cause allergic reactions of the skin, eyes and lungs; and is a cancer hazard. Salon owners who decide to use products that may contain or release formaldehyde must follow the requirements of OSHA’s formaldehyde and hazard communication standards to keep workers safe.

OSHA continues to respond to complaints and referrals of formaldehyde exposure in salons, beauty schools and manufacturing facilities. To date in calendar year 2011, federal OSHA has issued citations to 23 salon owners and beauty schools in Connecticut, Massachusetts, Pennsylvania, Florida, Illinois, New York, New Jersey and Ohio, with fines ranging up to $17,500 for failing to protect workers from overexposure and potential exposure to formaldehyde. OSHA also has issued citations to three manufacturers and two Florida-based distributors of hair products containing formaldehyde for failing to protect their own workers from possible formaldehyde exposure as well as to communicate the hazards of formaldehyde exposure to salons, stylists and consumers.

OSHA already has conducted significant outreach to salons, beauty schools and manufacturers to alert them about the hazards of hair smoothing products and the requirements of OSHA’s standards. In late September, OSHA issued a second hazard alert to hair salon owners and workers about potential formaldehyde exposure from working with certain hair smoothing and straightening products. This alert, which revised the initial alert issued last spring, was prompted by the results of additional agency inspections, a warning letter issued by the U.S. Food and Drug Administration, and factually incorrect information recently sent to salons by Brazilian Blowout, a company that manufactures hair products.

MSHA cites corporate culture as root cause of Upper Big Branch Mine disaster

The Department of Labor’s Mine Safety and Health Administration (MSHA) has imposed a $10,825,368 fine, the largest in agency history, following its investigation into the April 2010 explosion at the Upper Big Branch-South Mine, which was operated by Performance Coal Co. (PCC), a subsidiary of Massey Energy Co. The investigation followed an explosion that killed 29 miners and injured two – the worst U.S. coal mining disaster in 40 years. A report concludes that Massey’s corporate culture was the root cause of the tragedy. MSHA has issued Massey and PCC 369 citations and orders, including for an unprecedented 21 flagrant violations, which carry the most serious civil penalties available under the law.

MSHA’s presentation of findings follows a non-prosecution agreement — which includes nearly $210 million for remedial safety measures at all the company’s mines, a trust fund for improvements in mine safety and health, payment of outstanding civil penalties for all former Massey mines and restitution payments for the victims’ families — that resolves criminal liability for the company but does not provide protection against criminal prosecution of any individuals. Read the news release for more information.

OSHA improves It’s the Law” poster Web page to make it more accessible

OSHA has revised its Web page on the OSHA Job Safety and Health: It’s the Law poster (OSHA poster), to make it easier to use. Employers are required to display this free poster prominently in their workplaces. The revised Web page provides instructions on how employers can get free copies, and links to information about other Department of Labor posters. The OSHA poster, which informs workers of their rights under the Occupational Safety and Health Act, is available in English, Spanish, and Polish (online only). Call 1-800-321-OSHA or 202-693-1999 to order the poster or visit OSHA’s Publications page.

OSHA settles litigation against grain bin operator following preventable suffocation deaths of two teen workers

The Department of Labor (DOL) has reached an agreement with Haasbach LLC in Mount Carroll, Ill., resolving 25 citations issued by OSHA and child labor civil money penalties assessed by DOL’s Wage and Hour Division. The resolution follows the preventable deaths of Wyatt Whitebread, 14, and Alex Pacas, 19, at the company’s Mt. Carroll grain bin facility in July 2010. A 20-year-old worker also was seriously injured in the incident.

“This tragedy has had a profound effect on the community of Mt. Carroll and the grain industry nationwide,” said Assistant Secretary of Labor for OSHA Dr. David Michaels. “We hope that the deaths of these two young men send a profound and unmistakable message throughout the grain industry that loss of life can and must be prevented.”

At the time of the accident, the workers were “walking down the corn” to make it flow while machinery used to convey the grain was running. All three became trapped in corn more than 30 feet deep, and Whitebread and Pacas suffocated.

OSHA cited Haasbach for 12 willful, 12 serious and one other-than-serious violation of the agency’s Grain Handling Facilities standard. Following the agreement reached in this case, the company must pay $200,000 in penalties. The agreement also maintains all of the willful violations as issued. (A willful violation is one committed with intentional knowing or voluntary disregard for the law’s requirements, or with plain indifference to worker safety and health.) A separate investigation by the Labor Department’s Wage and Hour Division found that Haasbach violated the child labor provisions of the Fair Labor Standards Act (FLSA) by employing workers under age 18 to perform hazardous jobs that are prohibited by the FLSA. Under the agreement, Haasbach will pay $68,125, the full civil money penalty originally assessed as a result of those violations. Read the news release for more information.

OSHA inspector prevents potentially fatal fall

During a November inspection of an Illinois worksite as part of a Local Emphasis Program (LEP) on Falls*, OSHA Compliance Safety and Health Officer Tony Nozzi identified a roofing contractor’s employees and a building restoration employee working on a church roof without any fall protection. Before leaving the worksite, Nozzi made sure that all employees put on harnesses and lanyards and secured themselves with rope grabs before he left the worksite.

After Nozzi departed, an employee who worked for the building restoration company was assigned to power wash the steeple of the church. Shortly after the employee began his work, he slipped and slid down the church’s pitched roof. The life line became tight on the lanyard and he stopped right before the edge of the roof. His fall protection equipment prevented serious and potentially fatal injuries and the employee was then able to walk back up the roof towards the steeple and safely complete his work. See OSHA’s Residential Fall Protection page and Safety and Health Topics Page on Fall Protection for information on how to keep workers safe from fall hazards.

D.C. Circuit court upholds OSHA’s multi-employer citation policy

The D.C. Circuit upheld OSHA’s multi-employer citation policy, in a Dec. 14 decision against Summit Contractors Inc. OSHA cited the company for providing electrical equipment without ground fault circuit interrupters (GFCIs) to its subcontractors in violation of section 1926.404(b)(1)(ii) of OSHA’s Electrical Wiring Design and Protection standard. OSHA’s multi-employer citation policy provides that an employer may under specified circumstances be cited for violations even if none of its own employees were exposed to the hazard. Summit contested the citation before an Administrative Law Judge (ALJ), who affirmed the citation, as did the Occupational Safety and Health Review Commission (OSHRC), which affirmed the citation on the ground that Summit was a “controlling employer” (because of its authority over the site in general and the electrical equipment in particular) as well as a “creating employer” (because it obtained and supplied the noncompliant equipment). The D.C. Circuit ruled that OSHA was not required to promulgate through notice and comment rulemaking its multi-employer citation policy and could impose multi-employer liability through adjudication before the OSHRC. The Court also rejected Summit’s claim that multi-employer liability establishes a common law duty of care to subcontractor employees in violation of section 4(b)(4) of the OSH Act. Last, the Court found substantial evidence supported OSHRC’s determination that Summit had constructive knowledge of the violation. Summit required its subcontractors to use the non-compliant equipment but failed to take reasonable steps, such as specifying or inspecting for GFCIs, to ascertain compliance.

OSHA publishes Direct Final Rule on Acetylene Standard

OSHA published a revision to its Acetylene Standard in the December 5, 2011, Federal Register that replaces a reference to an outdated consensus standard with an updated reference that reflects current industry practices in the acetylene industry. The reference was originally updated in 2009 based on recommendations by the Compressed Gas Association and the U.S. Chemical Safety Board. The current update is a continuation of the project intended to make OSHA regulations reflect state-of-the-art technology and current industry practice. The Direct Final Rule will take effect March 5, 2012, unless OSHA receives significant adverse comments within 30 days of publication. In that case, the accompanying Notice of Proposed Rulemaking will allow OSHA to continue the rulemaking as a “Notice and Comment” rulemaking. Individuals must submit comments on the Direct Final Rule and Notice of Proposed Rulemaking by January 4, 2012.

OSHA fines Liberty, Texas, manufacturer Boomerang Tube more than $400,000 following severe injuries to three workers

OSHA fined Boomerang Tube LLC $468,000 and cited the company for six willful, nine serious and one other-than-serious violation at the company’s facility in Liberty, Texas, where three employees were seriously injured within a five-month period.

OSHA began its investigation in response to a complaint from one of the injured employees that workers faced unsafe conditions while operating cranes and slitter, rolling and thread machines; performing service and maintenance work; and stacking and loading pipes in the yard and on trucks. In April, an employee was caught in an operating machine and injured and in May, a second employee was struck by a piece of steel and knocked into a 5-foot-10-inch concrete pit. In September, another employee was caught in machinery and injured. All three had to be flown to a local hospital due to the severity of their injuries.

The willful violations were cited for failing to repair a damaged under-hung crane, which lifts and lowers materials; failing to ensure the use of lockout/tagout procedures to control the energy sources of equipment; and failing to provide the required machine guarding on the pipe manufacturing line. 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. Read the news release for more information.

OSHA cites Seminole, Okla., meat processing plant for exposing workers to falls, other workplace hazards

OSHA cited Sigma Processed Meats Inc. for 16 serious and three repeat violations following an inspection that found workers were exposed to fall and other hazards at the company’s processing plant in Seminole. Proposed penalties total $204,800. OSHA began its investigation at the plant after receiving a complaint. Inspectors found serious violations that included failing to provide guardrails as fall protection for employees working on elevated walking/working surfaces, failing to provide personal protective equipment such as goggles or face shields, failing to train employees on the use of hazardous chemicals, and failing to address hazards created by deficiencies in the company’s process safety management system for anhydrous ammonia. The company was also cited for repeat violations that included failing to develop and implement a lockout/tagout program for isolation of energy sources as well as failing to provide training for employees on the use of lockout/tagout devices. Read the news release for more information.

Waymar Construction Co. in Shelby, Ohio, cited for child labor and safety violations after 16-year-old injured on job site

The Department of Labor cited Waymar Construction LLC for child labor and safety violations after a 16-year-old worker suffered cranial trauma and fractures from falling off a scissor lift during roofing operations at a Sandusky, Ohio, job site. OSHA fined Waymar $20,020 and cited the company for failing to provide fall protection training and ensure workers were protected from fall hazards. DOL’s Wage and Hour Division assessed civil penalties of $30,350 against the company for allowing a minor to operate a hoisting device and perform roofing work in violation of the Fair Labor Standards Act’s (FLSA) child labor provisions. Waymar was also found to be in violation of the overtime provisions of the FLSA, for paying workers “straight time” wages for hours worked over 40 in a week. Read the news release for more information.

OSHA issued a hazard alert earlier this year about the hazards of using portable, hydraulic-powered scissor lifts. Hazards associated with scissor lifts include using the equipment during high winds or bad weather; overloading the equipment with heavy objects; removing the guardrails during operation; and driving the lift while in an elevated position over uneven or unstable ground.

OSHA’s free On-site Consultation program helps small businesses improve workplace safety and health

Compliance with OSHA requirements is critical to protecting workers from occupational injuries and illnesses. To assist small businesses with compliance, OSHA’s On-site Consultation provides a free, confidential service for small businesses with fewer than 250 employees at a site (and no more than 500 employees nationwide). On-site consultation services are separate from enforcement and do not result in penalties or citations. In addition, OSHA has Compliance Assistance Specialists throughout the nation who can provide compliance assistance. To find the contact information for the OSHA Federal or State Program office nearest you, visit http://www.osha.gov/html/RAmap.html.

Study finds investing in occupational health “best practices” improves outcomes for injured workers

A new study of occupational health care in Washington State shows that improving medical care for injured workers can dramatically reduce lost work time. The study is published in the December 2011 issue of the American Public Health Association journal, Medical Care. Dr. Gary Franklin, medical director for the Washington Department of Labor & Industries (L&I), which enforces the state’s occupational safety and health standards, was one of the researchers involved in the study.

“Work-related disability is a major public health problem that’s largely overlooked in the U.S.,” Franklin said. “This study shows that using occupational health best practices when treating injured workers can have an important effect on their recovery.”

L&I’s community-based Centers of Occupational Health and Education (COHE) work with medical providers to encourage the best ways to treat injured workers. These “best practices” focus on the safe, healthy return of injured workers to full function and full employment. The study found that injured workers treated by health-care providers operating under COHE best practices had 19.7 percent fewer disability days than other injured workers receiving treatment, and a reduction in total disability and medical costs of $510 per claim. Workers suffering from back strain had a reduction in disability days of 29.5 percent. Read the news release for more information.

Oregon construction safety summit to be held in January

Oregon’s Occupational Safety and Health Division (Oregon OSHA) is one of several partners presenting the Mid-Oregon Construction Safety Summit at the Riverhouse Resort and Convention Center in Bend on Jan. 24, 2012. The conference, designed for residential and commercial construction workers, is themed “Bridging the Safety Gap.” Continuing education credits are pre-approved for the Construction Contractors Board, Building Codes Division (plumbers and electricians), and Landscape Contractors Board. Conference topics include fall protection, multi-employer worksite safety, electrical safe work practices, work zone safety, crane rule updates and ergonomics. Visit the conference Web site for more information or to register online.

OSHA celebrates 40 years of helping to ensure healthier workers, safer workplaces and a stronger America

Throughout 2011, OSHA is presenting a series of materials and activities to celebrate the agency’s 40th anniversary. Visit the OSHA at 40 Web page for resources including a short video using old and new footage to highlight key moments in the agency’s history, an interactive timeline and a commemoration of the 1911 Triangle shirtwaist factory fire. The page also links to an anniversary message from OSHA Assistant Secretary David Michaels as well as a video of his participation in a panel discussion on the nation’s progress in worker safety and health over the past forty years and the challenges that lie ahead.

Job openings

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Season’s Greetings!

OSHA wishes you and yours happy holidays and a safe, healthful and prosperous new year. QuickTakes will not be published on Jan. 1, so please continue to visit the agency’s Web site for news and updates. Look for your next issue of QuickTakes on Jan. 16, 2012.

December 1, 2011

OSHA issues new National Emphasis Program for chemical facilities

OSHA issued a new National Emphasis Program (NEP) for chemical facilities to protect workers from catastrophic releases of highly hazardous chemicals. The new NEP replaces OSHA’s 2009 pilot Chemical Emphasis Program which covered several OSHA regions around the country. The program* establishes policies and procedures for inspecting workplaces that are covered by OSHA’s process safety management (PSM) standard. The program’s inspection process includes detailed questions designed to gather facts related to PSM requirements and verification that employers’ written and implemented PSM programs are consistent. The intent of the NEP is to conduct quick inspections at a large number of facilities that will be randomly selected from a list of worksites likely to have highly hazardous chemicals in quantities covered by the standard.

“Far too many workers are injured and killed in preventable incidents at chemical facilities around the country,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “This program will enable OSHA inspectors to cover chemical facilities nationwide to ensure that all required measures are taken to protect workers.” See the news release for more information.

Article highlights positive impact of OSHA’s Susan Harwood Training Grant on worker safety in metalcasting facilities

An article in Modern Casting magazine details how eleven metalcasting facilities in the Ohio Valley Region improved worker safety as a result of a training program funded by an OSHA Susan Harwood Training Grant. Metalcasting operations rank among the 25 industries with the highest workplace injury rates. Most of these injuries are attributed to strains and sprains, which can be reduced through training and engineering and administrative controls. Workers at each of the small businesses participating in the training program attended half-day workshops to and managers attended a full-day program. During the training workers and managers learned how to identify risk factors including heavy loads and repetitive lifting, heat and noise, and factors specific to individual workers such as differences in employees’ age and gender.

Follow up visits were conducted at each of the 11 metalcasting facilities from one to three months after the training to evaluate the effectiveness of the program. Overall, that the training improved worker’s ergonomic knowledge by 24%. In addition, employers at every facility had implemented engineering or administrative controls, or both, to reduce employee’s exposure to risk factors and thereby improve safety. These included installing an electric power lift, or lift and tilt tables that allow workers to adjust their workstations to ensure proper posture, and using pallets to raise workstation heights and eliminate the need for unnecessary bending. See OSHA’s Web site for more information on OSHA’s Susan Harwood Training Grant Program.

New tire charts will help workers safely service single-piece and multi-piece rim wheels

OSHA has revised its tire servicing materials to address current hazards in the industry and help workers safely perform maintenance on large vehicle tires. The materials address OSHA’s Materials Handling and Storage standard that protects workers who service single-piece and multi-piece rim wheels. Following recent talks with representatives from tire, rubber, and wheel manufacturers, OSHA determined a need for new materials with updates from sources such as the Tire Industry Association. The updated information, available in a portable manual or as three poster-sized charts, is easier to access and use. OSHA’s revised “Multi-piece Rim Matching Chart” provides an updated list of current and obsolete components and the old “Demounting and Mounting Procedures for Truck/Bus Tires” chart is now expanded into two charts that deal individually with tubeless and tube-type tires. The revised materials can be downloaded from OSHA’s Publications page See the news release for more information.

OSHA orders trucking company to reinstate whistleblower and pay back wages and damages

OSHA ordered Knoxville-based Heartland Transportation Inc. to reinstate a former employee and pay the individual $62,090 in compensatory and punitive damages plus more than two years of back wages, interest, benefits and reasonable attorney’s fees. The order follows OSHA’s determination that the company violated the employee’s rights under the whistleblower provisions of the Surface Transportation Assistance Act by terminating the employee for complaining about defective vehicles.

The employee had complained about trucks with mechanical failures on a number of occasions, but the problems recurred. He informed his employer that he would not drive trucks with such failures in the future. Soon after this, the driver found that his name had been removed from the driving schedule. He inquired about this development, and was informed that his employment was terminated. The employee then submitted a whistleblower complaint to OSHA. See the news release for more information.

OSHA files whistleblower lawsuit against medical clinic for firing employee who reported hazards

OSHA filed a lawsuit against the Brighton Medical Clinic in Brighton, Colo., and its owner, Dr. Luithuk Zimik, on behalf of an employee who was terminated in violation of the whistleblower provisions of the OSH Act. The employee had complained about safety and health hazards to the clinic’s management staff before filing a formal complaint about the hazards with OSHA. The employee was later discharged and then filed a whistleblower complaint with OSHA. The agency’s Whistleblower Protection Program conducted an investigation and determined the former employee’s allegations had merit. After being notified of OSHA’s findings, the defendants refused to reinstate the employee to the same or a substantially equivalent position and to pay back wages or other employment benefits. Filed in the U.S. District Court for the District of Colorado, OSHA’s complaint seeks to reinstate the employee, secure compensatory damages and lost back pay. See the news release for more information.

Cable manufacturer fined nearly $180,000 for exposing workers to electrical, chemical, mechanical, fire and exit hazards

OSHA cited Loos & Co. Inc. for 29 alleged violations of workplace safety standards. The Pomfret cable manufacturer faces a total of $177,000 in proposed fines following safety and health inspections conducted by OSHA’s Hartford Area Office. OSHA inspectors found untrained employees working on live electrical equipment without adequate personal protective equipment and not using hazardous energy control procedures during maintenance of machinery; ungrounded lamps and electrical receptacles; damaged and misused electrical equipment; unguarded moving machine parts; uninspected lifting slings; excessive buildup of combustible dust; spray painting with flammable paint within 20 feet of spark-producing equipment; excessive noise levels and the lack of controls to reduce noise levels; improper dispensing of flammable liquids; inadequate eyewash facilities for employees working with chemicals; unlabeled containers of hazardous chemicals; failure to conduct initial monitoring for hexavalent chromium; and exit routes arranged so employees would have to travel toward high-hazard areas when exiting the plant in an emergency. The company was also cited for one for inadequate machine safeguarding. A similar hazard was cited by OSHA following a 2008 inspection of the plant. See the news release for more information.

OSHA fines firearms manufacturer $170,000 for exposing workers to toxic substances and other hazards

OSHA fined Remington Arms Co. Inc. cited Remington Arms Co. Inc. for 35 alleged serious violations of workplace safety and health standards at its Ilion, N.Y., manufacturing plant. The firearms manufacturer faces a total of $170,000 in proposed penalties for a variety of mechanical, electrical and chemical hazards identified during inspections by OSHA’s Syracuse Area Office.

OSHA found violations involving a lack of personal protective equipment and worker exposure to toxic substances lead and cadmium. The inspection also identified numerous electrical hazards and instances of unguarded moving machine parts; improper storage and transfer of flammable liquids; a lack of procedures to lock out machines’ power sources to prevent their unintended startup during maintenance; unguarded openings and defective ladders; inadequate fire extinguisher training and availability; unlabeled containers of hazardous chemicals; and several exit deficiencies including a locked exit door, obstructed exit routes, unmarked exits, and non-functioning emergency and exit lighting. See the news release for more information.

NACOSH and ACCSH to hold December meetings in Washington, DC

OSHA has scheduled a meeting of the National Advisory Committee on Occupational Safety and Health (NACOSH) Dec. 14-15, in Washington, D.C. NACOSH is a continuing advisory committee established under the OSH Act of 1970 that has advised the Secretaries of Labor, and Health and Human Services for nearly 40 years on worker safety and health issues.

The tentative agenda includes remarks from the Assistant Secretary of Labor for Occupational Safety and Health and the Director for the National Institute for Occupational Safety and Health; Work Group reports; and discussions on electronic health records and prevention through design. A final agenda will be made available on the NACOSH website. Work Groups will meet on the morning of December 14 and report back to the full committee on the December 15. NIOSH officials will also make presentations to the committee on the afternoon of December 14. Official presentations from Assistant Secretary Dr. David Michaels and NIOSH will be made when the full committee meets on December 15. Individuals interested in submitting comments or requests to speak must do so by Dec. 7 online, by mail or by fax. See the Federal Register notice for details.

OSHA will also hold a meeting of the Advisory Committee on Construction Safety and Health (ACCSH) Dec. 13-16 in Washington, D.C. ACCSH, established under the Contract Work Hours and Safety Standards Act and the Occupational Safety and Health Act of 1970, advises the Secretary of Labor and Assistant Secretary of Labor for Occupational Safety and Health on construction standards and policy matters.

The agenda includes an update on OSHA’s construction enforcement and outreach efforts, rulemaking projects, a presentation from the Seattle Tunnel and Rail Team (START); ACCSH’s consideration of, and recommendations on a direct final rule/proposed rule to update personal protective equipment standards on head protection for construction work and a proposed rule on Standards Improvement Project (SIP) IV; and a presentation from the Office Engineering Services on sewage treatment plant failure. The full committee will meet December 15-16. Work Groups will meet December 13-14. Comments and requests to speak may be submitted online, by mail or by fax. See the Federal Register notice for details. Comments and requests to speak must be submitted by Dec. 2.

The agency is accepting nominations to fill eight vacancies on the 15-member committee. Nominations will be accepted for representatives in the employee, employer, state safety and health agencies, and public categories. Nominations may be submitted online, by mail or by fax. Please see the Federal Register notice for details. Nominations must be submitted by January 23, 2012.

Employers get help from OSHA’s free On-site Consultation Program: Worker safety and health improves

With a small business where workers risk both falls and dangerous chemical exposures, the owners of Tri-State Building Services LLC decided to call OSHA for help. The results, Tri-State improved their safety and health management programs through working with the New York State Department of Labor’s (NYDOL) On-site Consultation Program. “It seemed like a no-brainer. Why not take advantage of the nation’s top authority on safety?” said Dave and Jim Grady, co-owners of the upstate New York cleaning and property maintenance company.

Tri State contacted OSHA’s free On-site Consultation Program, which provides small business workplaces with assistance in identifying and correcting workplace safety and health hazards, as well as guidance on improving their injury and illness prevention program. Thanks to OSHA’s visit, Tri-State has made significant safety and health improvements, including purchasing and installing eye wash stations, properly labeling equipment and chemicals, and enhancing the company’s safety manuals. The company has also increased efforts to communicate safety and health information to Spanish speaking workers and to provide training to all workers on topics including scaffolding, aerial lifts, window cleaning, and general construction. The results can be seen in their injury rates which are significantly lower than the industry averages.

“To maintain a safety and health environment, Tri-State has learned to train, re-train, and reinforce. The company examines their safety and health management program constantly by re-evaluating and modifying their overall existing program, searching for improvement,” said Grady. “The On-site Consultation visits have helped the organization to enforce its safety and health expectations by encouraging Tri-State’s employees to be safety conscious throughout the entire organization.” See the online success story for more information.

Oregon OSHA wins award for efforts to inform the public about formaldehyde hazards from hair products

Oregon OSHA took home a Spotlight Award, the highest award given by the Portland chapter of the Public Relations Society of America, for the agency’s work on formaldehyde in hair straightening and smoothing products. Judges gave Oregon OSHA high marks for research and planning and remarked, “Excellent documentation of results,” and “Great results and coverage.”

Federal OSHA issued a hazard alert to warn hair salon owners and workers about potential formaldehyde exposure from working with certain hair smoothing and straightening products. The hazard alert notifies salons that if they use products that contain or release formaldehyde (like timonacic acid), they must follow the requirements in OSHA’s formaldehyde standard. The alert also includes a list of other names for formaldehyde (e.g. methylene glycol, formalin, and methanal) and details about required information to be listed on product labels and material safety data sheets of products that contain or could release formaldehyde.

Department of Transportation unveils ‘OMG’ PSA to warn teens about the dangers of distracted driving

The U.S. Department of Transportation unveiled “OMG,” a new public service announcement (PSA) to warn teenagers against the dangers of distracted driving. The PSA is available on the newly redesigned Distraction.gov website, along with new materials designed especially for young drivers. The new PSA is designed to reach teenagers using imagery that relates to popular shorthand text messages such as “L8R” for “later” or “LOL” for “laugh out loud.” Two versions of the PSA will air. A version geared towards a teenage audience will run exclusively on 6,589 movie screens in 526 cinemas across the country. A more somber version will air on the 12,000 screens that top pumps at high traffic gas stations across the United States. To view the new ads click here.

The human toll is tragic,” said OSHA Assistant Secretary David Michaels about the consequences of distracted driving. “The Department of Transportation reports that in 2009, more than 5,400 people died in crashes linked to distraction and thousands more were injured. Texting while driving has become such a prominent hazard that 30 states now ban text messaging for all drivers. It is an employer’s responsibility and legal obligation to create and maintain a safe and healthful workplace, and that would include having a clear, unequivocal and enforced policy against the hazard of texting while driving.” In an Oct. 20 blog post, Michaels said, “Companies are in violation of the Occupational Safety and Health Act if, by policy or practice, they require texting while driving, or create incentives that encourage or condone it, or they structure work so that texting is a practical necessity for workers to carry out their job.” For more information, visit OSHA’s Distracted Driving Web page.

November 15, 2011

OSHA announced the top ten most frequently cited standards following inspections of worksites by federal OSHA during FY 2011. OSHA publicizes this list to alert employers about these frequently cited standards so they can take steps to find and fix recognized hazards addressed in them before a worker suffers a preventable injury, illness or death.

  1. Scaffolding (C)
  2. Fall Protection (C)
  3. Hazard communication
  4. Respiratory protection
  5. Lockout/tagout
  6. Electrical: wiring
  7. Powered industrial trucks
  8. Ladders (C)
  9. Electrical systems design
  10. Machine guarding

**   (C) = Construction Standards

 

Michaels issues statement on increase of nonfatal occupational injuries among health care workers

Data released Nov. 9 by the Department of Labor’s Bureau of Labor Statistics showed an increase in the injury and illness rates among members of certain health care professions. Data on nonfatal occupational injuries and illnesses requiring days away from work in 2010 showed a six percent increase from the previous year in the incidence rate for health care support workers-almost 2 1/2 times the rate for all private and public sector workers. The rate among nursing aides, orderlies and attendants rose seven percent. Additionally, the rate of musculoskeletal disorder cases with days away from work for nursing aides, orderlies and attendants increased 10 percent.

“It is unacceptable that the workers who have dedicated their lives to caring for our loved ones when they are sick are the very same workers who face the highest risk of work-related injury and illness,” said OSHA Assistant Secretary David Michaels. “The rates of injuries and illnesses among hospital and health care workers underscore OSHA’s concern about the safety and health of these workers,” he said. In response, OSHA will launch, in the next few months, a National Emphasis Program on Nursing Home and Residential Care Facilities. See Michaels’ full statement for more information.

Retailers can prevent holiday sales events tragedies through safe crowd management

OSHA is again encouraging major retail employers to take precautions to prevent worker injuries during Black Friday and other major sales events during the holiday season. In 2008, a worker was trampled to death while a mob of shoppers rushed through the doors of a large store to take advantage of an after-Thanksgiving Day Black Friday sales event. The store was not using the kind of crowd management measures recommended in OSHA’s fact sheet, which provides employers with recommended elements for crowd management plans. Plans should include having trained security personnel or police officers on-site, setting up barricades or rope lines for pedestrians and crowd control well in advance of customers arriving at the store, and having security personnel or customer service representatives explain approach and entrance procedures to the arriving public. See the news release for more information.

OSHA educational videos show how to protect workers from construction hazards

OSHA has released 12 educational videos about potential hazards in the construction industry. The educational videos are brief, easy to understand, and geared to the needs of employers and workers. One in every five workers killed on the job nationwide is in construction-totaling nearly 800 construction worker deaths every year. The videos are based on real-life incidents and include detailed depictions of hazards and the safety measures that would have prevented these injuries and fatalities. OSHA’s videos cover falls in construction, workers who are struck by vehicles and heavy equipment, sprains and strains, trenching and excavation hazards, and carbon monoxide poisoning.

Most of the videos are two-to-four minutes in length, and all but one are animated. Each video is available in English and Spanish for Web viewing. All video scripts will be available online soon. See the news release for more information.

OSHA receives international award for public awareness campaign on heat illness prevention

OSHA received a platinum MarCom Award from the Association of Marketing and Communications Professionals for the agency’s national Heat Illness Prevention Campaign. The MarCom Awards are an international creative competition for concept, writing and design of print, visual, audio and web materials and programs. The awards honor excellence and recognize the creativity, hard work and generosity of marketing and communication professionals. The competition is possibly the largest of its kind, with about 5,000 entries per year. The Department of Labor and the Air Force are the only federal U.S. agencies that won platinum awards, the highest honor in the Publicity Campaign category.

OSHA initiated its national Heat Illness Prevention Campaign to educate workers and their employers about the hazards of working outdoors in the heat. Online and in print resources include educational materials, a curriculum for workplace training, worksite and community posters, and print ads in color and black & white, all available in English and Spanish. Multiple copies of heat campaign publications can be ordered from OSHA’s Web site. OSHA also created a smartphone heat safety tool app (available for Android and iPhone operating systems) that allows users to calculate their worksite heat index and provides descriptions of the corresponding protective measures necessary to prevent heat-related illnesses.

OSHA seeks public comments on regulations protecting whistleblowers who report financial fraud

OSHA is requesting public comment on the interim final rule published in the Nov. 3 Federal Register to revise regulations governing whistleblower protections for workers who report violations of any provision of federal law relating to fraud against shareholders. OSHA’s Whistleblower Protection Program investigates worker complaints filed under the Sarbanes-Oxley Act of 2002 (SOX), which protects employees of publicly traded companies and their subsidiaries, and of certain other employers, from retaliation for reporting mail fraud, wire fraud, bank fraud, securities fraud and violations of SEC rules or regulations. OSHA’s interim final rule addresses amendments to the whistleblower protection provisions of SOX by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, which, among other changes, expand the number of employers covered and double the statute of limitations for filing a complaint. The revised rules also improve the complaint process by allowing workers to file SOX complaints orally and in any language, and enhance the sharing of information between parties throughout the investigation. Comments on the interim final rule may be submitted online, by phone or by fax by the Jan. 3, 2012 deadline. See the news release for more information.

Michaels tells National Safety Council: OSHA standards save lives, spur business innovation

OSHA Assistant Secretary David Michaels outlined current and future OSHA goals and activities Nov. 1 as the keynote speaker at the National Safety Council (NSC) Congress and Expo in Philadelphia. Michaels told the audience that “OSHA standards do not kill jobs, OSHA standards stop jobs from killing workers.” In his presentation at the NSC conference, Michaels gave examples of the effectiveness of OSHA standards in reducing workplace fatalities and serious injuries and illnesses. Over its 40-year history, “OSHA has been very successful” and has made “a big difference” in the lives of countless workers, Michaels said.

Michaels also voiced his support for the national Injury and Illness Prevention Program standard that OSHA is preparing to propose. Thirty-four states already require or encourage employers to implement programs similar to those envisioned under the proposal OSHA is developing, he told the conference attendees. He said, “injury and illness prevention programs protect workers and improve the bottom line.”

OSHA holds conversation with stakeholders on preventing occupational hearing loss

OSHA hosted an informal stakeholder meeting Nov. 3 about occupational hearing loss prevention. OSHA heard from 30 participants at the meeting, which was also attended by approximately 40 observers. The purpose of OSHA’s public meeting was to gather information from stakeholders on best practices for worker hearing conservation programs, personal protective equipment and feasible workplace engineering controls. Participants also provided examples of companies that operate effective noise control programs and key elements of their programs. Notes from the meeting will be posted to the OSHA Web site in the near future. OSHA held this meeting as part of its commitment to work with stakeholders on approaches for preventing occupational hearing loss. Visit OSHA’s Occupational Noise Exposure Web page for background on health effects of noise exposure, warning signs of hearing loss and examples of workplace engineering controls.

FACOSH will meet in December to advise OSHA on federal worker safety and health issues

The Federal Advisory Council on Occupational Safety and Health will meet Dec. 1 at Department of Labor headquarters in Washington, D.C., to advise OSHA on matters relating to the occupational safety and health of federal employees. FACOSH provides advice on how to reduce and keep to a minimum the number of injuries and illnesses in the federal workforce and how to encourage each federal executive branch department and agency to establish and maintain effective occupational safety and health programs. The tentative agenda for the FACOSH meeting includes a report on the analysis of Permissible Exposure Limits applicable to Federal agencies; training recommendations; and an end-of-year report on the President’s Protecting Our Workers and Ensuring Reemployment (POWER) Initiative. See the notice in the Nov. 16 Federal Register for more information.

Pet food company fined more than $750,000 for exposing workers to combustible dust and other hazards

OSHA fined All-Feed Processing & Packaging Inc. $758,450 and cited the company for 23 safety and health violations at its pet food production and packaging facility in Galva, Ill. OSHA cited All-Feed for willful violations of OSHA’s air contaminant, respiratory protection and hearing conservation standards. The company’s failure to provide appropriate fire and explosion protection in locations where concentrations of combustible dust existed was cited under OSHA’s “general duty” clause, which requires employers to provide workplaces “free from recognized hazards that are causing or are likely to cause death or serious physical harm to [their] employees.”

OSHA issued willful citations after All-Feed required employees to work in areas where they were exposed to total dust in excess of permissible limits, and failed to protect multiple dust collection units from fire and explosion hazards. Other willful citations were issued to the company for failing to administer a continuing and effective hearing conservation program for employees exposed to excessive noise; and allowing the use of liquid propane-powered industrial trucks in atmospheres where combustible dust may be ignited. See the news release for more information.

Food manufacturer fined more than $400,000 for exposing workers to noise and machinery hazards

OSHA fined Bridgford Foods Corp. $422,600 and cited the company for 27 safety and health violations at its food manufacturing facility in Dallas. The violations include failing to establish and maintain a hearing conservation program for workers exposed to noise hazards beyond the permissible exposure limit, and failing to establish a lockout/tagout program for energy sources to protect workers from machines starting up unexpectedly. OSHA has placed Bridgford in its Severe Violator Enforcement Program (SVEP), which mandates targeted follow-up inspections to ensure compliance with the law. Initiated in June 2010, the program focuses on recalcitrant employers that endanger workers by committing willful, repeat or failure-to-abate violations. See the news release for more information.

FACOSH recommends safety and health training for federal workers

Secretary of Labor Hilda L. Solis recently approved recommendations made by the Federal Advisory Council on Occupational Safety and Health (FACOSH) that will improve the training of federal government employees responsible for the development and maintenance of effective federal agency worker safety and health programs. The recommendations made to OSHA include identifying necessary training and experience for the advancement of federal safety and health officers, developing consistent safety and health management training requirements across the federal government, and working with the National Institute for Occupational Safety and Health (NIOSH) to help the GSA identify core skills and appropriate training for personnel responsible for the design, function, operation and maintenance of federal buildings.

OSHA’s free On-site Consultation program helps small businesses improve workplace safety and health

OSHA’s On-site Consultation Program offers free and confidential advice to small and medium-sized businesses in all states across the country, with priority given to high-hazard worksites. In FY 2010, responding to requests from small employers looking to create or improve their safety and health management systems, OSHA’s On-site Consultation Program conducted over 30,000 visits to small business worksites covering over 1.5 million workers across the nation.

On-site Consultation services are separate from enforcement and do not result in penalties or citations. Consultants from state agencies or universities work with employers to identify workplace hazards, provide advice on compliance with OSHA standards, and assist in establishing safety and health management systems.

Wyoming OSHA proposes changes to rules on workplace safety in oil and gas industry

Wyoming OSHA will hold a public hearing Dec. 2 to welcome stakeholders’ comments on proposed rule amendments* that would revise the agency’s Occupational Health and Safety Rules and Regulations for Oil and Gas Well Drilling standards. Wyoming OSHA is proposing this rulemaking action to improve, streamline and update existing oil and drilling standards after the agency and representatives of the oil and gas industry identified several requirements for better employee protection — including personal protective equipment, improved emergency communications, fall rescue plans and documented training. Coal Bed Methane drilling practices were added, prompted by industry suggestions. Wyoming OSHA believes that improving these standards will help employers to better understand their obligations and promote safety and health for their employees.

OSHA celebrates 40 years of helping to ensure healthier workers, safer workplaces and a stronger America

Throughout 2011, OSHA is presenting a series of materials and activities to celebrate the agency’s 40th anniversary. Visit the OSHA at 40 Web page for resources including a short video using old and new footage to highlight key moments in the agency’s history, an interactive timeline and a commemoration of the 1911 Triangle shirtwaist factory fire. The page also links to an anniversary message from OSHA Assistant Secretary David Michaels as well as a video of his participation in a panel discussion on the nation’s progress in worker safety and health over the past forty years and the challenges that lie ahead.

Job openings

Are you interested in a career with the Department of Labor? DOL has job opportunities throughout the country, including openings in OSHA for Safety and Occupational Health Specialists and a Supervisory Electronics Engineer.

 

November 1, 2011

Bureau of Labor Statistic releases workplace injury and illness data for 2010

The Department of Labor’s Bureau of Labor Statistics (BLS) announced Oct. 20 that there were 3.1 million nonfatal workplace injuries and illnesses among private industry employers in 2010–approximately 200,000 fewer incidents than there were in 2009. The rate of injuries and illnesses also dropped in 2010 from the previous year.

In a statement responding to BLS’s findings, Secretary of Labor Hilda L. Solis said, “We are encouraged by the reported decline in incidence rates for workplace injuries and illnesses, which is reflective of the joint effort of government, business, unions and other organizations. Nevertheless, 3.1 million injuries and illnesses in the workplace are too high. Serious injuries and illnesses can knock a working family out of the middle class. Workers should not have to sacrifice their health and safety to earn a paycheck.”

 

Decline in private sector workplace injuries and illnesses. The efforts of OSHA and its partners in state and local governments to ensure the safety and health of America’s workers has played a major role in the more than 50 percent decline in private sector workplace injuries and illnesses from 6.8 million in 1994 to 3.1 million in 2010.

OSHA publishes new and updated materials on worker safety and health

OSHA recently published new and updated educational brochures on a number of topics including workers’ rights, employers’ rights following an OSHA inspection, as well as how to protect workers from hazards in the construction, general and maritime industries. OSHA’s Workers’ Rights* booklet describes the rights to which workers are legally entitled under the Occupational Safety and Health Act. The booklet, Employer Rights and Responsibilities Following an OSHA Inspection*, reviews what happens after an inspection and is provided to employers during an OSHA inspection. The agency also recently published an updated Construction Industry Digest*, and a new Small Entity Compliance Guide for Respiratory Protection Standard*, Laboratory Safety Guidance*, a series of new QuickCards, and new publications to help protect construction, general industry and shipyard workers. Please call 1-800-321-OSHA or 202-693-1999 to order copies or visit OSHA’s Publications page to order them online.

Blog: Employers must neither require nor condone workers texting while driving

OSHA Assistant Secretary Dr. David Michaels sent a clear message in his Oct. 20 blog post that employers must neither require nor condone their workers sending or reading text or e-mail messages while driving. In 2009, distracted drivers contributed to more than 5,400 traffic fatalities, accounting for 16 percent of all traffic deaths that year. OSHA responded last year by partnering with the Department of Transportation (DOT) to launch an initiative to combat this deadly practice.

Michaels reminded employers in his blog post, “Companies are in violation of the Occupational Safety and Health Act if, by policy or practice, they require texting while driving, or create incentives that encourage or condone it, or they structure work so that texting is a practical necessity for workers to carry out their job. When OSHA receives a credible complaint that an employer requires texting while driving or organizes work so that texting is a practical necessity, we will investigate and where necessary issue citations and penalties to end this practice.”

Chemical exposure related to bathtub refinishing results in 13 worker deaths

Federal OSHA has identified at least 13 worker deaths since 2000 related to bathtub refinishing with stripping agents containing methylene chloride. In the majority of the identified cases, the workers were working alone, in poorly ventilated bathrooms, with inadequate respiratory protection and little or no training on the hazards of the chemicals they were using. Michigan recently investigated one of these cases through its Fatality Assessment & Control Evaluation (FACE) program and issued a hazard alert* to inform employers and workers. The alert highlights the hazards of working with methylene chloride-based stripping agents, safe work practices when using them and alternative paint stripping chemicals and processes.

Methylene chloride is a volatile solvent and cancer-causing chemical that is easily absorbed into the body through the lungs and skin. Short-term exposures to high levels of methylene chloride can cause headaches, fatigue, dizziness and lack of coordination. The liver metabolizes methylene chloride to carbon monoxide, and elevated levels of carbon monoxide in the blood can cause heart attacks, irregular heart rhythms and sudden death. OSHA’s methylene chloride standard (29 CFR 1910.1052) requires employers to control occupational exposure to methylene chloride through the use of exposure monitoring, engineering and work practices, respiratory protection and medical surveillance. OSHA is collaborating with the National Institute for Occupational Safety and Health to develop further guidance for employers and workers in the bathtub refinishing industry.

NIOSH predicts shortage of qualified occupational safety and health professionals

A survey by the National Institute for Occupational Safety and Health (NIOSH) indicates that the national demand over the coming year and beyond for occupational safety and health services will significantly surpass the number of men and women with the necessary training, education and experience. Although employers plan to hire at least 25,000 occupational safety and health professionals over the next five years, only about 12,000 new graduates are expected to be available from the academic programs that provide the national pool of expertise.

The report on the survey, “National Assessment of the Occupational Safety and Health Workforce,” attributes the shortage to declines in funding for degree programs in occupational safety and health; inadequate or limited financial aid and lack of knowledge about these degree programs; and the desire of employers to hire workers with added training in leadership and communication. Visit the NIOSH Web page to read the full report.

OSHA forms Alliance to help protect restaurant workers

OSHA recently formed an Alliance with the Restaurant Opportunities Centers United (ROC-United), a national restaurant workers organization with 7,500 members. The Alliance will help prevent worker exposures to musculoskeletal injuries, falls, cuts and burn hazards, and will address workplace safety and health issues of young workers and small businesses. See the news release for more information.

Through the Alliance Program, OSHA works with groups committed to worker safety and health to prevent workplace fatalities, injuries and illnesses. These groups include businesses, employer associations, unions, consulates, trade or professional organizations, and community based organizations,. OSHA and the groups work together to develop and share compliance assistance tools and resources, and educate workers and employers about their rights and responsibilities.

Supermarket chain fined nearly $600,000 after failing to ensure injured worker received proper medical attention

OSHA issued $589,200 in fines to DeMoulas Supermarket Inc., doing business as Market Basket, and cited the company for 30 alleged willful, repeat and serious violations of workplace safety standards at its stores in Rindge and Concord, N.H. The Tewksbury, Mass., grocery chain, which has stores in New Hampshire and Massachusetts, was fined chiefly for recurring fall and laceration hazards and also for improperly responding to a worker’s serious injury.

The inspection of the Market Basket store began after an employee sustained broken bones and head trauma on April 17 when he fell 11 feet to a concrete floor from an inadequately guarded storage mezzanine. Instead of calling for emergency help, store management lifted the injured worker from the floor, put him in a wheelchair and pushed him to the store’s receiving dock to wait for a relative to take him to the hospital. OSHA also found that employees were exposed to falls of over 11 feet while working on top of produce coolers, freezers and storage lofts that lacked adequate guardrails to prevent falls. Employees were also exposed to severe laceration hazards from knives due to the grocery chain’s failure to provide hand protection to employees in the produce, deli and bakery departments. See the news release for more information.

Grain handling company fined nearly $260,000 after worker is engulfed in grain bin

OSHA cited Corpus Christi Grain Co. in Corpus Christi, Texas, for 26 violations and fined the company $258,900 after a worker was engulfed while emptying grain from a storage bin. The employee was rescued due to the exceptional efforts of the Corpus Christi Fire Department. Inspectors found that the company willfully exposed workers to potentially fatal safety hazards by failing to provide personal protective equipment, such as a body harness and life line, to employees working with stored grain; failing to perform lockout/tagout procedures for the energy sources of equipment, such as augers and conveyors, while workers are inside the grain bins; and failing to have a competent attendant present with rescue equipment when workers enter grain storage bins. See the news release for more information.

OSHA citations and fines upheld against contractor for cave-in hazards

The independent Occupational Safety and Health Review Commission has upheld willful and serious citations and $137,200 in fines issued by OSHA to Sand Cut Properties LLC, a Danbury, Conn., contractor. OSHA cited Sand Cut Properties in November 2008 after inspectors at a Brookfield, Conn., worksite found an employee working in a collapsing 6- to 9-foot-deep excavation that lacked cave-in protection and had piles of excavated materials overhanging its edge as well as water seeping into its bottom. The company contested the willful violations and accompanying fines to the review commission in December 2008. In a Sept. 22 decision, Administrative Law Judge Dennis L. Phillips affirmed the citations and ordered Sand Cut Properties to pay $137,200 in fines. See the news release for more information.

OSHA appoints new chairman to its construction advisory committee

OSHA announced Oct. 25 that Erich J. (Pete) Stafford has been appointed as the new chair of the agency’s Advisory Committee on Construction Safety and Health (ACCSH). Stafford, who is a current member of the committee, replaces long-serving member Frank L. Migliaccio Jr. as the committee chair. Mr. Stafford has nearly 30 years experience in occupational safety and health in the construction industry. He presently serves as safety and health director for the AFL-CIO’s Building and Construction Trades Department, and executive director of the Center for Construction Research and Training (CPWR). Gerald Ryan will fill Mr. Migliaccio’s vacant seat as one of the committee’s five employee representatives. Mr. Ryan is Director of Training, Health and Safety for the Operative Plasterers’ and Cement Masons’ International Association of the United States and Canada (OPCMIA).

ACCSH advises the Secretary of Labor and Assistant Secretary of Labor for Occupational Safety and Health on construction standards and policy matters. See the news release for more information.

New study shows increased cancer risk among nylon flock workers

A new study published in the current issue of the International Journal of Occupational and Environmental Health found an increased incidence of lung cancer among a group of nylon flock workers at a Rhode Island manufacturing facility. Nylon flock workers can develop a disease called flock worker’s lung caused by exposure to tiny particles that can be breathed into the lungs during the cutting of synthetic fibers like nylon. These small fibers (flock) are applied to adhesive coated fabric surfaces to produce a material commonly called microfiber which is used for apparel, upholstery, industrial filters, and cleaning products. The authors of the study found a threefold increase of lung cancer in the original study group of 162 flock workers. The authors’ recommendations for flock workers include notifying them of their increased risk of lung cancer, having them discuss any new respiratory symptoms with their physician, and considering them for early detection lung screening programs.

OSHA issues new guidelines for inspecting pyrotechnics facilities

OSHA has issued a new directive that provides guidance to the agency’s compliance officers on how to conduct safety and health inspections of pyrotechnics facilities. The directive, Compliance Policy for the Manufacture, Storage, Safe, Handling, Use and Display of Pyrotechnics*, clarifies under what situations OSHA may issue citations for pyrotechnics hazards that may cause worker injuries and deaths. This directive cancels the 1986 OSHA Instruction CPL 2.73 – Fireworks Manufacturer: Compliance Policy.

California OSHA offers new and revised safety and health resources

California OSHA (Cal/OSHA) has issued 11 new or updated publications from its Research and Education unit. The new publications include a “Guide for Working Safely with Supported Scaffolds*,” while the updated items include topics such as setting up tailgate/toolbox safety meetings*, high voltage overhead lines*, confined space* and trenching* safety. These publications may be viewed and downloaded from the Publications page of the Cal/OSHA Web site. In addition, Cal/OSHA’s eTools Web page includes information on Record Keeping, Youth in Construction, Effective Workplace Training, and Heat Illness Prevention training materials in both English and Spanish.

Oregon to host pulp and paper industry safety conference

Oregon’s Occupational Safety and Health Division (Oregon OSHA) is one of several partners presenting the Western Pulp and Paper Workers Safety and Health Conference Nov. 29 – Dec. 2. Workers, contractors and employers in Oregon’s pulp and paper industry are invited to attend the four-day conference designed to showcase workplace safety and health ideas. Twenty-eight workshops and several roundtable discussions are scheduled to provide training on workplace issues that affect pulp, paper and converting employers and contractors. Other workshops will address safety committee effectiveness, mobile equipment safety and accident investigations. The conference will be held at the Jantzen Beach Red Lion Hotel in Portland. See the news release for more information and visit the conference Web site to register online.

Washington DOSH study shows inspections improve safety and save money

A study of 10 years of Washington Department of Labor and Industries (L&I) Division of Occupational Safety and Health (WA DOSH) enforcement inspections and safety consultation visits to employers found that those visits were linked to lower workers’ compensation claims and lower costs for employers. The study, conducted by the Washington Department of Labor and Industries’ Safety and Health Assessment and Research for Prevention (SHARP) program, excluded work-related musculoskeletal disorder (WMSD) claims for which there were no hazard-specific rules. The study found that:

  • WA DOSH enforcement and consultation activities significantly contributed to reduced worker compensation claims rates and costs in the year following the visit.
  • For the 10-year period studied, worker compensation savings for employers in the study was $3.9 million annually due to WA DOSH enforcement activities.

See the news release for more information.

OSHA celebrates 40 years of helping to ensure healthier workers, safer workplaces and a stronger America

Throughout 2011, OSHA is presenting a series of materials and activities to celebrate the agency’s 40th anniversary. Visit the OSHA at 40 Web page for resources including a short video using old and new footage to highlight key moments in the agency’s history, an interactive timeline and a commemoration of the 1911 Triangle shirtwaist factory fire. The page also links to an anniversary message from OSHA Assistant Secretary David Michaels as well as a video of his participation in a panel discussion on the nation’s progress in worker safety and health over the past forty years and the challenges that lie ahead.

 Job openings

Are you interested in a career with the Department of Labor? DOL has job opportunities throughout the country, including openings in OSHA.

 

October 17, 2011

OSHA to host stakeholder conversation on occupational hearing loss

OSHA will host an informal stakeholder meeting to solicit comments and suggestions on occupational hearing loss prevention. The purpose of OSHA’s public meeting is to provide a forum and gather information from stakeholders on best practices for hearing conservation programs, personal protective equipment and feasible engineering controls. OSHA is holding this meeting as part of its commitment to work with stakeholders on approaches for preventing occupational hearing loss. The meeting will take place Nov. 3 from 9 a.m. to 1 p.m. at Department of Labor headquarters in Washington, D.C. Parties interested in attending must register online, by phone or by fax by the Oct. 27 deadline. See the Federal Register notice for more information on the meeting and visit OSHA’s Occupational Noise Exposure Web page for background on health effects of noise exposure, warning signs of hearing loss and examples of workplace engineering controls.

Michaels testifies before Congress about OSHA’s success protecting America’s workers and businesses

“The primary purpose of OSHA’s enforcement program is deterrence,” OSHA Assistant Secretary Dr. David Michaels told congressional leaders at an Oct. 5 House of Representatives subcommittee hearing titled “Workplace Safety: Ensuring a Responsible Regulatory Environment.” In his testimony, Michaels told lawmakers that “OSHA’s enforcement program specifically targets the most dangerous workplaces and the most recalcitrant employers.” Michaels testified about OSHA’s common-sense standards and the importance of injury and illness prevention programs. He cited the positive feedback received by the agency from private companies on their use of those programs, and he discussed that OSHA standards have protected workers while industries have continued to flourish. “OSHA doesn’t kill jobs,” Michaels added. “It stops jobs from killing workers.”

Farmer cooperative reaches $550,000 settlement with OSHA to improve grain bin safety training and abate hazards

OSHA filed a settlement agreement with the Occupational Safety and Health Review Commission between the agency and Cooperative Plus Inc., after the farmer-owned Wisconsin cooperative agreed to pay $550,000 in penalties, increase employee grain bin safety training and abate all safety issues at its grain handling facilities in Whitewater, Burlington, East Troy and Genoa City, Wis. As part of the settlement agreement, Cooperative Plus will provide site-specific training for all employees exposed to potential hazards identified by OSHA’s grain handling, permit-required confined space and lockout standards. The cooperative also will schedule confined space and bin entry rescue drills semiannually, and provide 10 hours of training to newly hired and current employees whose duties expose them to potential hazards addressed by these standards. See the news release for more information.

Web page provides information on preventing the spread of seasonal flu in the workplace

OSHA’s Seasonal Flu Web page includes information about how to reduce the spread of the flu in workplaces. It provides information on the basic precautions, such as frequent hand washings and covering coughs and sneezes with a tissue, that should be used by employers and workers in all workplaces as well as the additional precautions that should be used by employers and workers in healthcare settings, such as strictly following infection control practices and using gloves, gowns, surgical masks and other protective equipment to reduce exposures. Visitors to the employer and worker information Web pages can also test their knowledge about the flu through the interactive “Flu I.Q.” quiz produced by the Department of Health and Human Services/Centers for Disease Control and Prevention. OSHA’s Seasonal Flu page also includes a link to additional information on planning for the possible outbreak of pandemic flu.

OSHA publishes new educational materials to help protect workers from laboratory hazards

OSHA’s new educational materials on laboratory safety provide information for laboratory managers on protecting their workers from exposure to chemical, biological and physical hazards. The new materials include the Laboratory Safety Guidance* document, which describes how electrical, fire, explosions and falls, among other hazards, can be minimized or eliminated if employers use safety plans, worker training, engineering controls and personal protective equipment. New laboratory safety materials also include fact sheets that each focus on a specific hazard related to laboratory environments. Practices and precautions to protect laboratory personnel include safety guidance for using autoclaves, use of chemical fume hoods, labeling and transferring chemicals, and latex exposure. See the news release for more information. To order the Laboratory Safety Guidance, please call 1-800-321-OSHA or 202-693-1999.

New small businesses document explains OSHA’s respiratory protection standard

OSHA’s revised Small Entity Compliance Guide for the Respiratory Protection Standard* is intended to help small businesses protect workers from respiratory hazards. The updated guide, directed at businesses with fewer than 250 workers, explains how to comply with OSHA’s Respiratory Protection Standard. It provides instruction on how to select and fit test appropriate respirators to protect workers in many different industries. It includes new illustrations to help employers and workers identify different respirators, and describes how and where they should be used. The revised guide also explains how Assigned Protection Factors (APFs) and Maximum Use Concentrations (MUCs), detailed in OSHA’s revised standard, can help workers and employers assess the level of protection necessary in a given workplace. To order the respiratory standard compliance guide, please call 1-800-321-OSHA or 202-693-1999.

OSHA’s Respiratory Protection Web page includes hazard alerts and training materials. In addition, OSHA provides assistance to small businesses through the free On-site Consultation Service. Employers with fewer than 250 workers can call 1-800-321-OSHA to request this service, free of charge, to help identify and correct hazards, as well as improve comprehensive safety and health programs. Consultation services are separate from enforcement activities and do not result in penalties or citations.

 

New eTool provides information on the safe use of hanging scaffolding in shipyard employment

A newly added section to OSHA’s Shipyard Employment eTool provides information on marine hanging staging (MHS). This refers to the use of suspended scaffolding systems hung from overhead anchorages on ships, which are especially useful when workers are performing abrasive blasting and painting work in or on a vessel or vessel section. This new component of the OSHA maritime eTool supplements the already existing scaffolds section by providing information on the design, inspection, assembly, use, and dismantling of marine hanging staging in a manner that is safe for workers. The MHS eTool has been reviewed by subject matter experts in private industry, as well as members of OSHA’s Maritime Advisory Committee for Occupational Safety and Health, to assist in developing a beneficial training tool for workers and employers alike. The MHS eTool replaces a 2005 educational document entitled Safe Work Practices for Marine Hanging Staging.

OSHA settles case against air-conditioning company for violating worker’s whistleblower protection rights

The Department of Labor reached a $150,000 settlement agreement with Houston-based Goodman Manufacturing Co. LP to resolve OSHA’s findings that the company illegally terminated an employee for complaints about record-keeping practices, in violation of the Occupational Safety and Health Act. OSHA conducted its investigation after receiving a whistleblower complaint that Goodman failed to properly record employee injuries and illnesses on its OSHA 300 logs. Instead of addressing the concerns, OSHA found that the company decided to transfer the complainant to a much less desirable job. The complainant was then terminated by Goodman for refusing to be transferred. In the settlement agreement, the company agreed to pay $150,000 to the whistleblower and purge all references to the complainant’s termination in its personnel files, modify the files to reflect a voluntary resignation and provide a neutral job reference upon request. See the news release for more information on the terms of the agreement. Employees who believe that they have been retaliated against for engaging in conduct protected under the 21 whistleblower statutes enforced by OSHA may file a complaint for an investigation by contacting OSHA’s Whistleblower Protection Program.

Barge facility fined more than $220,000 after two workers are killed in fire

OSHA fined Texas Barge & Boat Inc. $221,200 and cited the company for 40 violations following the death of two workers killed in a fire at the company’s facility in Freeport, Texas. OSHA initiated its inspection following a report from the local sheriff’s department that an explosion had occurred and two workers were unaccounted for. Nine employees were performing cutting operations and fire watch operations in a confined space, between the cargo hold and the bottom plate of a vessel, when the flash fire occurred. OSHA found that the company showed a willful disregard for the law’s requirement or plain indifference to employee safety and health by failing to conduct air monitoring tests prior to employees entering the confined and enclosed spaces to perform oxygen and fuel gas cutting operations. See the news release for more information.

Recycling company fined more than $180,000 after worker is killed in refuse sorting machine

Marietta Industrial Enterprises Inc. was fined $186,300 and cited for 21 safety violations by OSHA after a worker was found dead inside the rotating drum assembly of a machine used to screen recyclables from other refuse at the Refuse Recycling facility operated by the company in Marietta, Ohio. OSHA found that the company showed a willfully failure to implement lockout/tagout procedures to prevent equipment from becoming unexpectedly energized and to train workers in lockout/tagout procedures. OSHA also cited the company for serious violations that included failing to provide machine guarding and adequate guardrails, failing to ensure that employees used electrical protective equipment, and failing to develop an exposure control plan for bloodborne pathogens. See the news release for more information.

Man who extorted tens of thousands of dollars from New York City construction sites receives jail term

Anthony Lewis of Brooklyn, N.Y., was sentenced Oct. 4 to seven to 21 years in prison for posing as a government inspector to extort tens of thousands of dollars from New York City building contractors. Lewis and another man created an organization, the Committee on Contract Compliance, to extort money from building contractors by threatening to report fake violations at job sites. Many of the contractors victimized were members of minority groups or were immigrants, primarily from Asia or the Middle East. Lewis, his partner, and other members of their organization visited construction job sites carrying clipboards and video cameras, and wearing hardhats bearing their organization’s name, making it appear that they worked for a government agency. They threatened to report contractors to regulatory agencies unless the contractors paid them. Sixteen victims listed anonymously in the indictment made payoffs ranging from $300 to $10,000. If contractors refused to pay, reports of false violations and hazards were made to New York City agencies, including the Department of Buildings and the Police and Fire Departments, and federal agencies, such as OSHA and the Department of Housing and Urban Development.

State Plans in Michigan and Hawaii turn over protection of certain workers to federal OSHA

Michigan

Federal OSHA approved a change to the state of Michigan’s occupational safety and health state plan to exclude coverage of establishments on Indian reservations owned or operated by employers who are enrolled members of Indian tribes. Under the terms of an agreement between OSHA and the Michigan Occupational Safety and Health Administration (MIOSHA), jurisdiction and enforcement have been relinquished back to federal OSHA for conducting safety and health inspections and interventions within the borders of all Indian reservations for employers who are members of Indian tribes. Non-member employers within the reservations and member employers located outside the territorial borders of Indian reservations remain under MIOSHA jurisdiction. See the Oct. 12 Federal Register notice for more

Hawaii

Federal OSHA also approved a change to the state of Hawaii’s occupational safety and health state plan to exclude coverage of private sector employers and employees at all military installations. Hawaii’s Department of Labor and Industrial Relations requested that Hawaii Occupational Safety and Health’s (HIOSH)

Material handling company achieves safety excellence with help from OSHA’s free On-site Consultation Program

The Horsley Company of Salt Lake City, Utah, had injury and illness rates below the national average for its industry, but the material handling company wanted to do even better. Horsley learned that OSHA’s On-site Consultation Program offers free and confidential advice to small and medium-sized businesses in all states across the country, with priority given to high-hazard worksites. Horsley contacted the On-site Consultation Program and arranged for its consultants to conduct an initial site visit. During the visit, OSHA Consultation identified several potential hazards. As a result of the site visit, hazards were immediately corrected and appropriate personal protective equipment (PPE) was assigned whenever the hazard called for it. Since the OSHA Consultation site visit and follow-up discussions, Horsley has continued to effectively implement processes and procedures that promote workplace safety. In the fall of 2009, OSHA formally recognized the company for having an exemplary safety and health management system by accepting Horsley into the agency’s Safety and Health Achievement Recognition Program (SHARP). See the online success story for more information.

OSHA celebrates 40 years of helping to ensure healthier workers, safer workplaces and a stronger America

Throughout 2011, OSHA is presenting a series of materials and activities to celebrate the agency’s 40th anniversary. Visit the OSHA at 40 Web page for resources including a short video using old and new footage to highlight key moments in the agency’s history, an interactive timeline and a commemoration of the 1911 Triangle shirtwaist factory fire. The page also links to an anniversary message from OSHA Assistant Secretary David Michaels as well as a video of his participation in a panel discussion on the nation’s progress in worker safety and health over the past forty years and the challenges that lie ahead.

Job openings

Are you interested in a career with the Department of Labor? DOL has job opportunities throughout the country.

 

 

October 03, 2011

In this issue

OSHA updates hazard alert on formaldehyde dangers to hair salon owners and workers

OSHA issued a revised hazard alert to hair salon owners and workers about potential formaldehyde exposure from working with certain hair smoothing and straightening products. Formaldehyde can irritate the eyes and nose; cause allergic reactions of the skin, eyes and lungs; and is a cancer hazard. The revised alert was prompted by the results of agency investigations, a warning letter issued by the U.S. Food and Drug Administration (FDA) and incorrect information recently sent to salons by a company that manufactures hair products. The revised hazard alert notifies salons that if they use products that contain or release formaldehyde (like timonacic acid), they must follow the requirements in OSHA’s formaldehyde standard. The alert also includes a list of other names for formaldehyde (e.g. methylene glycol, formalin, and methanal) and details about required information to be listed on product labels and material safety data sheets of products that contain or could release formaldehyde.

During recent investigations, OSHA’s air tests showed that workers were exposed to formaldehyde above OSHA’s limits in salons using Brazilian Blowout Acai Professional Smoothing Solution and Brasil Cacau Cadiveu, resulting in citations for multiple violations. The FDA issued a warning letter Aug. 22 to the importer and distributer of Brazilian Blowout Acai Professional Smoothing Solution stating that the product is adulterated and misbranded. Although the solution contains methylene glycol, which can release formaldehyde during the normal conditions of use, the product is labeled “formaldehyde free” or “no formaldehyde” and does not list formaldehyde on the material safety data sheet. Following an Aug. 24 letter sent by Brazilian Blowout to salon owners claiming that all OSHA air tests on its product yielded results below OSHA’s standard for exposure, the agency sent a letter* Sept. 22 to the company refuting that assertion. See the news release for more information.

OSHA issues updated Whistleblower Investigations Manual

OSHA released a new edition of its Whistleblower Investigations Manual, one of a series of measures announced in August to improve OSHA’s Whistleblower Protection Program. The new edition of the manual will provide further guidance to help ensure the consistency and quality of whistleblower investigations. It contains updates to case handling procedures and information on the new laws enacted since the manual was last updated in 2003. Key changes to the manual include a requirement that investigators make every attempt to interview the complainant in all cases; clarification that whistleblower complaints may be filed in any language either orally or in writing, and that OSHA will be accepting electronically filed complaints on its Whistleblower Protection Program Web site; and expanded guidance on dealing with uncooperative respondents and issuing administrative subpoenas during whistleblower investigations. See the news release for more information.

New guidance document aims to help employers prevent nail gun injuries

OSHA and the National Institute for Occupational Safety and Health (NIOSH) developed Nail Gun Safety – A Guide for Construction Contractors* to help construction employers and workers prevent work-related nail gun injuries, which are responsible for approximately 37,000 emergency room visits annually. Construction workers, particularly those in residential construction, use nail guns nearly every day. Although this tool is easy to operate and increases productivity, injuries occur as a result of unintended nail discharge; nails that bounce off a hard surface or miss the work piece and become airborne; and disabling the gun’s safety features, among other causes. Injury prevention is possible if contractors take steps such as using full sequential trigger nail guns. See the news release for more information.

Preventing worker deaths from trench collapses is goal of new OSHA publications

OSHA has three new guidance products to educate employers and workers about the hazards in trenching operations. Unprotected trenches are among the deadliest hazards in the construction industry and the loss of life is devastating: since 2003, more than 200 workers have died in trench cave-ins, and hundreds more have been seriously injured. The new products include a fact sheet*, QuickCard* and a poster* that warns, “An Unprotected Trench is an Early Grave.” The three documents may be ordered in English- and Spanish-language versions from the Publications page of OSHA’s Web site. See the news release for more information.

OSHA extends comment period on proposed revisions to the occupational injury and illness tracking and reporting requirements

OSHA reopened the rulemaking record to extend the comment period on revising the recordkeeping and reporting requirements for work-related injuries and illnesses. OSHA is extending the comment period in response to a stakeholder request. Individuals interested in submitting comments must do so by Oct. 28.

Under the revised proposal, employers would be required to report to OSHA any work-related fatalities and all in-patient hospitalizations within eight hours, and work-related amputations within 24 hours. OSHA currently requires employers to report to OSHA, within eight hours, all work-related fatalities and in-patient hospitalizations of three or more employees. OSHA is also proposing to update the list of partially exempt industries from the requirements to maintain work-related injury or illness logs. These industries received partial exemption because of their relatively low injury and illness rates. See the Federal Register notice for details on how to submit comments.

OSHA seeks stakeholder input on agency training program

OSHA is hosting an extended Web forum Oct. 3-31 to solicit stakeholder input on how to improve occupational safety and health training offered to private sector workers, supervisors, and employers through the OSHA Training Institute (OTI) Education Centers Program. Individuals can submit suggestions online.

OTI Education Centers offer courses and seminars on a variety of safety and health topics and assist the agency in administering the OSHA Outreach Training Program. With a national network of more than 17,000 independent trainers, OTI Education Centers have trained more than 300,000 students, and the number of participants has increased every year since the program began in 1992.

See the news release for more information about the Web Forum.

New Web page provides safety and health training resources for employers and workers

OSHA’s new Safety and Health Training Resources page was developed to help users locate occupational safety and health training materials. The page provides links to materials developed by Susan Harwood Training Grant awardees, trainer materials, videos available through OSHA’s Resource Center Loan Program, OSHA-developed materials and links to training resources by other organizations. All materials are free and many are available in several languages.

OSHA offers a wide range of training resources to help broaden worker and employer knowledge on how to recognize, avoid and prevent safety and health hazards in their workplaces.

 Asbestos contractor sentenced to six years in prison for violating Clean Air Act and lying to OSHA

The Department of Justice (DOJ) announced Sept. 22 that asbestos contractor Keith Gordon-Smith, owner of Gordon-Smith Contracting, convicted of multiple counts of violating the Clean Air Act and lying to OSHA inspectors, was sentenced to 72 months in prison and ordered to pay $300,000 in restitution. DOJ stated that the defendant caused employees of Gordon-Smith Contracting Inc. to improperly remove asbestos during the partial demolition of a building on the site of the former Genesee Hospital in Rochester, N.Y.

“The Court’s sentence properly punishes Gordon-Smith and his company for the egregious crimes that placed workers and their families at risk and for his complete disregard of the environmental laws that protect human health and the environment,” said Ignacia S. Moreno, Assistant Attorney General for the Environment and Natural Resources Division of the Department of Justice.

Among other things, Gordon-Smith ordered workers to tear out copper pipes and scrap metal from a six-story building that contained over 70,000 square feet of asbestos. When the workers–who were not provided with any masks or protective clothing–removed the pipes, ceiling tiles and scrap metal, they were repeatedly exposed to asbestos which they told jurors was falling on them “like snow.” Workers testified that Gordon-Smith repeatedly told them that the material was not asbestos. Following worker complaints, OSHA sent an inspector to the Genesee Hospital to ensure that the workers were protected. On three separate occasions, Gordon-Smith falsely denied that any pre-abatement disturbance of asbestos took place. He falsely stated that tiles and scrap metal were torn out by other, unknown parties, when in fact he had himself ordered his workers to do so. See the news release* for more information.

Fall Protection: New compliance assistance factsheets provide information for preventing fatal falls in residential construction

OSHA has three new fact sheets offering information on reducing falls during residential construction. The fact sheets focus on Installing Roof Trusses*, Installing Tile Roofs* and Roof Repair*. They include information on the hazards involved in working on roofs, the proper use of ladders, scaffolds, aerial lifts and Personal Fall Arrest Systems (PFAS) such as body harnesses, lanyards and lifelines. These fact sheets are just a few of the training and compliance assistance materials available in many formats on OSHA’s Residential Fall Protection Web page to help the residential construction industry comply with the new residential construction fall protection directive. They include a slide presentation that describes safety methods for preventing injuries and deaths from falls, and explains techniques currently used by employers during various stages of construction. These techniques involve the use of conventional fall protection systems including safety nets, guardrails, and PFAS.

Trailer manufacturer fined nearly $1 million for failing to protect workers from serious safety and health hazards

OSHA fined PJ Trailers Manufacturing Co. Inc. and another company it owns, Delco Trailers Co. Inc., $949,800 for exposing workers to unguarded machinery, fall hazards, accumulations of potentially hazardous dust, and other dangers. OSHA cited the company for seven willful, 26 serious and nine repeat violations. OSHA initiated its inspection following a complaint that employees were not adequately protected from being injured by rotating machinery parts and inhaling toxic welding fumes while fabricating trailers. Since 2008, at least 15 workers suffered eye injuries requiring medical treatment and or days away from work at the facility. See the news release for more information.

Company ordered to pay $500,000 for violating worker’s whistleblower protection rights

OSHA found Bond Laboratories Inc. and former CEO Scott Landow in violation of the whistleblower protection provisions of the Sarbanes-Oxley Act for improperly firing an employee. The company and Landow were ordered to re-hire the employee and pay approximately $500,000 in back wages, interest and compensatory damages. The findings follow an OSHA investigation begun in response to a complaint from the employee. Landow and Bond Laboratories, formerly based in Solana Beach, Calif., allegedly terminated the complainant, an officer, for objecting to the manipulation of sales figures that misrepresented the company’s value to potential investors. OSHA determined that the complainant’s repeated objections contributed to the decision to terminate the complainant. See the news release for more information.

OSHA seeks member nominations for advisory groups on maritime and federal worker occupational safety and health

NACOSH

OSHA is seeking nominations for membership to the National Advisory Committee on Occupational Safety and Health (NACOSH). NACOSH was established under the Occupational Safety and Health Act of 1970 to advise the Secretaries of Labor and Health and Human Services on matters relating to the administration of the Act. 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. Nominations can be submitted online, by mail, or by fax. Nominations must be submitted no later than Nov. 28. See the Federal Register notice for more information.

FACOSH

OSHA is extending the deadline for submitting membership nominations to the Federal Advisory Council on Occupational Safety and Health (FACOSH). OSHA is extending the deadline to Oct. 31. Nominees will fill three labor and three management representative vacancies. FACOSH advises the Secretary of Labor on occupational safety and health issues related to the federal workforce. This includes providing federal agencies with advice on how to reduce the number of injuries and illnesses in the workforce and how to encourage federal agencies to establish and maintain effective occupational safety and health programs. Nominations may be submitted online, by mail, or by fax. See the Federal Register notice for more information.

Maritime advisory committee provides OSHA with recommendations at recent meeting

OSHA held a meeting Sept. 20-21 of the Maritime Advisory Committee for Occupational Safety and Health (MACOSH) at the Eastland Park Hotel in Portland, Maine. MACOSH advises the Assistant Secretary of Labor for Occupational Safety and Health on worker safety and health in the maritime industries. The 15-member committee discussed person in water (man overboard); cargo handling equipment; confined space ventilation; selection of welding shade protection; safe entry and cleaning practices in vessel sewage tanks; best practices in eye injury reduction; toxic materials; and injury and illness prevention programs. At the conclusion of the meeting, MACOSH made a recommendation that OSHA publish the Welding Shade fact sheet approved by the committee.

Safety video contest opens to Oregon students

High school students across Oregon are invited to enter the 2012 “Save a Friend. Work Safe.” video contest. The top three entries will take home cash prizes ranging from $300 to $500 and students will earn a matching amount for their school. Oregon OSHA and The Oregon Young Employee Safety Coalition (O[yes]) are among the organizations sponsoring the contest. The contest is designed to increase awareness about safety on the job for young people. Students must create a 45-second public service announcement with the overall theme of “Save a Friend. Work Safe.” The deadline for submissions is Feb. 1, 2012. See the news release* for more information.

Fiberglass company achieves safety excellence with help from OSHA’s free On-site Consultation Program

Tecton Products LLC designs and manufactures custom fiberglass products at a Fargo, N.D., facility that operates 24 hours-per-day, seven days-per-week. Tecton requested a visit from OSHA’s free On-site Consultation Program to find out about potential hazards at its facility and improve its occupational safety and health management system. Implementing recommendations made by OSHA’s consultant, Tecton became the first company in North Dakota to earn OSHA’s Safety and Health Achievement Recognition Program (SHARP) designation for its exemplary safety and health management systems. Continuing its efforts to achieve safety and health excellence, Tecton applied and was accepted to OSHA’s Voluntary Protection Programs (VPP), which recognize employers and workers who have implemented effective safety and health management systems and maintain injury and illness rates below national averages in their industry. Tecton’s Director of Engineering, Tom Gohdes, said, “Safety is a part of our culture. It comes from attitude and actions. Our associates begin safety training on their first day. The process never stops.” See the online success story for more information.

OSHA convenes roundtable of Alliance partners in the construction industry

During a Sept. 20 meeting with the Alliance Program Construction Roundtable, OSHA provided participants with updates on the agency’s activities and priorities related to the construction industry. Roundtable members heard presentations on OSHA’s new compliance assistance materials and efforts to reach workers with limited English proficiency, and were asked for their feedback on OSHA’s Heat Illness Prevention Campaign. The National Institute for Occupational Safety and Health (NIOSH) presented information on its recent Prevention Through Design Conference. The roundtable was created to discuss and share information on workplace safety and health, as well as develop and share construction-related compliance assistance tools and other resources for workers and employers.

OSHA celebrates 40 years of helping to ensure healthier workers, safer workplaces and a stronger America

Throughout 2011, OSHA is presenting a series of materials and activities to celebrate the agency’s 40th anniversary. Visit the OSHA at 40 Web page for resources including a short video using old and new footage to highlight key moments in the agency’s history, an interactive timeline and a commemoration of the 1911 Triangle shirtwaist factory fire. The page also links to an anniversary message from OSHA Assistant Secretary David Michaels as well as a video of his participation in a panel discussion on the nation’s progress in worker safety and health over the past forty years and the challenges that lie ahead.

Job openings

Are you interested in a career with the Department of Labor? DOL has job opportunities throughout the country, including openings in OSHA.

 

 Sept. 15, 2011

OSHA awards $10.7 million in safety and health training grants

OSHA awarded $10.7 million in Susan Harwood Training Grants to 37 new and 32 returning grantees, including nonprofit and community/faith-based groups, business and trade associations, labor unions, joint labor/management associations, and colleges and universities. Susan Harwood Training Grants support programs that train and educate workers and employers in industries with high injury and fatality rates, young workers, and small businesses. The grants provide in-person hands-on training and educational programs for at-risk workers including those with low literacy or limited English proficiency.

The grants include $3.2 million in Capacity Building Developmental grants to 20 new organizations that will develop their expertise and capacity to provide occupational health and safety education to their constituents, and $400,000 to five organizations for pilot grants to lay the groundwork for a self-sufficient safety and health education program. OSHA also awarded approximately $1.3 million to 10 organizations to provide Targeted Topic Training grants, and $100,000 to two organizations for Training and Educational Material Development grants which must address one of the occupational safety and health topics designated by OSHA. In addition, the agency also awarded approximately $5.7 million in returning or follow-on funding to 32 recipients of prior year Capacity Building Developmental grants that had demonstrated satisfactory performance. See the news release for more information and visit the OSHA Web site for a complete list of the 2011 Susan Harwood grant recipients.

OSHA issues compliance directive to address workplace violence

 

OSHA issued a second citation to a salon for exposing workers to dangerous levels of formaldehyde from hair-smoothing products. OSHA found worker exposure levels in the salon higher than the OSHA protective short term limit. In addition, OSHA cited two manufacturers and two distributors of hair-smoothing products for violations that included failing to list formaldehyde on both product labels and Material Safety Data Sheets. See the news release for more information.

OSHA issued a hazard alert in April that let salons know that if they use products that contain or release formaldehyde, they must follow the requirements in OSHA’s Formaldehyde standard (29CFR1910.148). The standard requires that employers test the air to determine the level of formaldehyde present in the air when the product is being used. If the test shows that formaldehyde is present at levels above OSHA’s safe limits, then the employer must implement measures to reduce employee exposure to safe levels.

Bank of America ordered to hire back employee and pay $930,000 after violating whistleblower protection provisions

OSHA found Bank of America Corp. to be in violation of the whistleblower protection provisions of the Sarbanes-Oxley Act in a case involving a former employee of Countrywide Financial Corp., which merged with Bank of America in July 2008. OSHA found that the company had terminated an employee for leading internal investigations that revealed widespread and pervasive wire, mail and bank fraud involving Countrywide employees. The company was ordered to hire back the complainant and pay her approximately $930,000, which includes back wages, interest, compensatory damages, and attorney fees. See the news release for more information.

OSHA enforces the whistleblower provisions of the Sarbanes-Oxley Act and 20 other statutes protecting employees who report violations of various airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health care reform, nuclear, pipeline, public transportation agency, railroad, maritime and securities laws. Under these laws, employers are prohibited from retaliating against employees who raise various protected concerns or provide protected information to the employer or to the government. Employees who believe that they have been retaliated against for engaging in protected conduct may file a complaint with the secretary of labor to request an investigation by OSHA’s Whistleblower Protection Program.

Adhesive company fined $917,000 after explosion injures workers

OSHA fined Bostik Inc. $917,000 for violating safety standards that led to a March 13 explosion at the company’s Middleton, Mass., plant in which four workers were injured. Bostik was cited for 50 violations of workplace safety and health standards, including nine willful violations for serious deficiencies in the company’s process safety management (PSM) program–a detailed set of requirements and procedures employers must follow to proactively address hazards associated with processes and equipment that involve large amounts of hazardous chemicals.

OSHA issued Bostik nine citations for willfully committing violations with disregard for the law’s requirements, or with plain indifference to worker safety and health. These violations included failing to address previous incidents with a potential for catastrophic results, as well as human factors such as operator error, communication between shift changes and employee fatigue from excessive overtime. The agency also issued 41 citations for serious violations that the company knew or should have known had a substantial probability of resulting in serious physical harm or death to its workers. These violations included an incomplete and deficient emergency response plan, inadequate training for employees required to fight fires, obstructed exit access, electrical and respirator hazards, and additional PSM deficiencies. See the news release for more information.

Grain cooperative fined nearly $230,000 for exposing workers to combustible dust, fall and other hazards

OSHA fined Cenex Harvest States Inc., doing business as Central Montana Co-Op., $229,000 for willfully disregarding OSHA requirements by failing to test for hazardous atmospheres in permit-required spaces at its Columbus, Mont., facility. The company was also cited for repeat violations involving unguarded pit and floor holes, and dangerous accumulations of potentially explosive dust. OSHA investigated the facility as part of its regional emphasis program targeting grain handling establishments. The company was cited in August 2010 and February 2011 for similar violations at two of its other facilities. See the news release for additional information on the company’s safety and health violations.

OSHA sent a notification letter in August 2010 and another in February 2011 to a total of more than 13,000 grain elevator operators, warning them of proper safety precautions outlined in the Grain Handling Facilities standard. These include prohibiting entry in grain storage facilities while grain is being emptied out or flowing in or out of the bin, prohibiting employees from “walking down the grain” and ensuring that employees enter the bin with the proper safety equipment.

OSHA issues annual inspection plan for protecting workers in high-hazard workplaces

OSHA issued its annual inspection plan under the Site-Specific Targeting 2011* (SST-11) program to help the agency direct enforcement resources to high-hazard workplaces where the highest rates of injuries and illnesses occur. The SST program is OSHA’s main programmed inspection plan for non-construction workplaces that have 20 or more workers. High-hazard workplaces identified in the SST program reported above-average work-related injury and illness rates, based on data collected from a 2010 OSHA Data Initiative survey of 80,000 larger establishments in selected high-hazard industries. Establishments are randomly selected for inspection from a primary list of 3,700 manufacturing, non-manufacturing, and nursing and personal care facilities. Two changes have been made to this year’s SST program. In 2010, only those establishments in the selected industries with 40 or more employees were subject to inspections under the SST plan; this year, that number has been reduced to 20 or more. An evaluation study measuring the program’s impact on future compliance with OSHA standards has also been introduced for the 2011 program. See the news release for more information.

OSHA settles with roofing company and 14 affiliates to enhance safety and health for workers nationwide

OSHA reached an enterprise-wide settlement agreement with Nations Roof LLC and Nations Roof of New England LLC that resolves litigation stemming from citations and penalties issued to the latter for hazards at a Hudson, N.H., work site. Nations Roof LLC and its 14 affiliated companies agreed to completely reinvent a uniform safety and health program, which will include significant improvements to employee training, safety and health planning, work site inspections, and management structure and accountability.

Under the agreement, Nations Roof will appoint safety/health directors for all of the companies. Each director and a supervisory employee will complete OSHA’s 30-hour construction safety course; the safety/health directors will be required to become certified to teach the 30-hour course; and all other potentially exposed employees will receive at least the OSHA 10-hour safety course plus eight additional hours dedicated to fall protection. The company also will submit compliance reports to OSHA; report jobs, injuries and illnesses to the agency; and allow OSHA to monitor compliance with the agreement. Finally, Nations Roof will pay $34,750 in fines and verify correction of all hazards cited at the Hudson work site. See the news release for more on the settlement agreement.

Michaels addresses World Congress for Safety and Health at Work

OSHA Assistant Secretary Dr. David Michaels delivered a video address to attendees of the XIX World Congress for Safety and Health at Work held Sept. 11-15 in Istanbul, Turkey. The goal of the World Congress is to ensure the opportunity for the exchange of new information on occupational health and safety with the aim of introducing a culture of workplace injury and illness prevention worldwide. The conference is attended by occupational safety and health researchers and practitioners, national authorities, policy makers, social security institutions and employers’ and workers’ organizations.

In his remarks, Michaels spoke of shared challenges and responsibilities for improving global worker protections, especially as economies become increasingly linked and as more employers take on multinational dimensions. “In a globally competitive marketplace, we can’t afford to have wasteful, inefficient industries, and nothing is more wasteful than workers who are sickened, injured and die from preventable hazards,” said Michaels.

OSHA Web page provides information on protecting wildfire response and recovery workers

As wildfires continue to sweep through Central Texas, OSHA’s updated Wildfires Safety and Health Topics Page offers information on how to protect workers from hazards associated with response and recovery operations. Wildfires can spread quickly, particularly during dry conditions. The page is designed to help workers and employers prepare for a wildfire and to protect themselves in the wildfire’s aftermath. The Preparedness page provides information on evacuation plans, safety zones around buildings, and equipment to have on hand in case a wildfire occurs. The Response/Recovery page details hazards that may be present in areas affected by wildfires, such as unstable structures, heavy equipment, heat stress, hazardous materials, carbon monoxide and other respiratory hazards, and slips, trips, and falls.

OSHA fines three contractors at U.S. Marine Corps base nearly $190,000 for crane and trenching violations

OSHA cited Piedmont Mechanical Inc., Jim Boyd Construction Inc. and Chevron Energy Solutions Inc. for safety hazards after a worker received burns from an electrical shock during the installation of a new landfill gas processing and compression facility at the U.S. Marine Corps Logistic Base in Albany, N.Y. OSHA cited the contractors for a total of 11 safety violations and fined them $189,700 following an inspection begun in March after the incident, in which the boom tip of a crane contacted an overhead power line with a carrying capacity of more than 12,000 volts. Electricity traveled down the crane through a line that was connected to the load being moved by the crane and shocked the employee on the ground, who was holding the line. OSHA cited all three companies for safety violations involving trenching and excavation at the site. See the news release for more information.

Manufacturer achieves safety excellence with help from OSHA’s free On-site Consultation Program

The safety specialist for Florida-based Orbeco-Hellige (Orbeco), a manufacturer of water quality instrumentation and reagents, contacted OSHA’s On-site Consultation Program after determining that the company’s outdated safety and health management programs needed to be completely overhauled. Orbeco requested a comprehensive on-site consultation safety evaluation in support of the company’s efforts to operate a safe and healthful work environment. During the walk-through, the OSHA consultant observed safety and health hazards related to electrical equipment, including the absence of lockout tags for certain equipment and damaged electrical distribution strips. The consultant also identified the need for additional fire exit signs and proper chemical storage. Orbeco corrected the identified hazards within 30 days.

Since the initial consultation visit, Orbeco continued to develop and implement comprehensive safety and health management programs. The company conducted safety training sessions and worked with the local fire department to review fire safety guidelines and to learn how to properly use fire extinguishers. A safety committee was instituted to keep the staff abreast of workplace safety and health issues. Orbeco earned recognition in the On-site Consultation Program’s Safety and Health Achievement Recognition Program (SHARP) in 2010. See the online success story for more information.

OSHA celebrates 40 years of helping to ensure healthier workers, safer workplaces and a stronger America

Throughout 2011, OSHA is presenting a series of materials and activities to celebrate the agency’s 40th anniversary. Visit the OSHA at 40 Web page for resources including a short video using old and new footage to highlight key moments in the agency’s history, an interactive timeline and a commemoration of the 1911 Triangle shirtwaist factory fire. The page also links to an anniversary message from OSHA Assistant Secretary David Michaels as well as a video of his participation in a panel discussion on the nation’s progress in worker safety and health over the past forty years and the challenges that lie ahead.

OSHA compliance assistance material and help available on protecting workers from falls in residential construction

OSHA has developed a variety of training and compliance assistance materials in many formats to help the residential construction industry comply with the new residential construction fall protection directive. The latest of these is an educational slide presentation that describes safety methods for preventing injuries and deaths from falls, and explains techniques currently used by employers during various stages of construction. These techniques involve the use of conventional fall protection systems including safety nets, guardrails, and personal fall arrest systems such as body harnesses, lanyards and lifelines. The slide presentation and other compliance assistance materials are available on OSHA’s Residential Fall Protection Web page. In addition, OSHA Area offices have conducted more than 490 presentations to the residential construction industry nationwide, and will continue this robust outreach program.

OSHA also provides a free service for small businesses (with no more than 250 employees at any one facility, and no more than 500 nationwide) to assist those that have questions about compliance with this or any other OSHA directive. OSHA’s on-site consultation services are separate from the agency’s enforcement operations and do not result in penalties or citations. OSHA has compliance assistance specialists in area offices throughout the country. To locate the Consultation Office nearest you, visit OSHA’s On-site Consultation Web page or call 1-800 OSHA.

2011 Drive Safely Work Week October 3-7

Observe 2011 Drive Safely Work Week October 3-7! The Network of Employers for Traffic Safety (NETS) has partnered with the U.S. Department of Transportation to offer a free downloadable, comprehensive toolkit to help companies address distracted driving. The toolkit, available in both English and Spanish, can be downloaded from the NETS Web site. The theme of this year’s campaign is “Focus360°…Getting there safely is everyone’s business.”

Job openings

Are you interested in a career with the Department of Labor? DOL has job opportunities throughout the country, including openings in OSHA for Safety and Occupational Health Specialists.

 

Sept. 1, 2011

OSHA provides information and assistance to protect workers from hazards during Hurricane Irene cleanup

OSHA is providing technical assistance and outreach on worker safety and health issues to those areas hardest hit by both the flooding and downed trees and power lines caused by Hurricane Irene. As residents along the east coast of the United States and Puerto Rico recover from Irene’s impact, OSHA is urging workers and members of the public engaged in hurricane cleanup activities to be aware of the hazards they might encounter and the steps they should take to protect themselves. OSHA’s Hurricane Response and Recovery Web page provides information on precautions that workers and employers should take during hurricane clean up operations. The page contains fact sheets, concise “QuickCards,” frequently asked questions, safety and health guides and additional information in English and Spanish.

OSHA also unveiled a new Floods Web page to assist workers and the public on how to make an evacuation plan, emergency supply kits, and flood watches and warnings. The page also provides guidance on the hazards when flooding occurs, such as areas to avoid when using a vehicle, and safety and health hazards such as downed electrical lines, mold and wild animals.

Bureau of Labor Statistics releases 2010 preliminary workplace fatality data

Preliminary results from the Bureau of Labor Statistics’ National Census of Fatal Occupational Injuries show little change in the number of workplace fatalities in 2010 compared with 2009. Last year, 4,547 workers died from work-related injuries, down from a final count of 4,551 fatal work injuries in 2009.

“No worker should have to sacrifice his or her life to earn a living,” said Secretary of Labor Hilda L. Solis in a statement. “An average of 12 workers die on the job every day, and that reality continues to drive the work of the Labor Department. When the Occupational Safety and Health Act was passed in 1970, the National Safety Council estimated that 14,000 workers died each year on the job. Now, with a workforce that has doubled in size, the annual number of fatalities has dropped significantly. But it’s not enough. We cannot relent from our enforcement of laws that keep our nation’s workers safe. One worker killed or injured on the job is one too many.” Full details of the National Census of Fatal Occupational Injuries are available from the Bureau of Labor Statistics.

Solis and ambassadors of three Central American countries sign declarations protecting migrant workers’ rights

Secretary of Labor Hilda L. Solis applauds the participation of Ambassador Muni Figueres of Costa Rica during the Aug. 29 signing ceremony that also included ambassadors from the Dominican Republic and El Salvador.

Secretary of Labor Hilda L. Solis signed declarations on August 29 in Washington, D.C. with the ambassadors of Costa Rica, the Dominican Republic, and El Salvador to protect the labor rights of migrant workers from those countries who are employed in the United States. Also attending the ceremony were the ambassadors of Mexico, Nicaragua and Guatemala, who previously signed agreements with the Labor Department. The event was held on the first day of Labor Rights Week, during which the Labor Department and a network of 50 Mexican consulates across the country work together to educate migrant workers and their employers. Under the declarations, the embassies and consulates of the Dominican Republic, Costa Rica and El Salvador will cooperate with the regional enforcement offices of OSHA and DOL’s Wage and Hour Division to distribute information about U.S. health, safety and wage laws.

In conjunction with the declarations, OSHA Assistant Secretary Dr. David Michaels signed letters of agreement declaring that OSHA will continue efforts to improve workplace safety and health conditions as well as provide outreach and assistance to Spanish-speaking workers and employers. Nancy J. Leppink, acting administrator of DOL’s Wage and Hour Division, also signed letters of agreement that focus on protecting the rights of migrant workers in low-wage industries such as hospitality and agriculture. See the news release in English or Spanish for more information.

OSHA orders two railroads to pay more than $900,000 for violating whistleblower provisions

OSHA ordered Union Pacific Railroad to pay $615,215 to three employees for violating their whistleblower rights. Separate investigations by OSHA’s Kansas City and San Francisco offices determined that the railroad violated the whistleblower provisions of the Federal Railroad Safety Act by terminating two employees and suspending one in retaliation for reporting workplace safety concerns and a work related injury. “Workers have the right to report work-related injuries and safety concerns without fear of retaliation,” said OSHA Assistant Secretary Dr. David Michaels. See the news release for more details.

OSHA also ordered Burlington Northern Santa Fe Railway Co. of Seattle to pay an employee more than $300,000 in damages after the employee was suspended for filing a complaint with OSHA. The employee alleged that she was suspended without pay for 30 days after notifying the company of a work-related injury. OSHA’s investigation substantiated the allegation and found reasonable cause to believe that the railroad had retaliated against the worker in violation of the Federal Railroad Safety Act’s whistleblower protection provisions. See the news release for more information.

Illinois feed company ordered to allow OSHA inspection or pay fines of $500 a day

U.S. District Court Judge John Gorman ordered All-Feed Processing & Packaging Inc. to allow OSHA to inspect its Alpha, Ill., facilities or face significant fines. After finding the company in contempt for failing to allow OSHA to inspect its pet food research and packaging facility in Galva, Ill., the judge imposed a daily fine of $500 that began on May 4. Following a January inspection, OSHA fined All-Feed $167,090 and cited the company for repeatedly failing to provide respirators and monitor workers’ exposure to dust at the Galva facility. Those violations qualified the company for placement in OSHA’s Severe Violator Enforcement Program, which focuses enforcement resources on employers with a history of safety violations that endanger workers by demonstrating indifference to their responsibilities under the law. See the news release for more information.

OSHA secures federal court order and injunction to protect workers from fall hazards at N.J. construction site: Contractor repeatedly placed workers in imminent danger

OSHA secured a consent order and injunction requiring Sousa Contractors Inc. to comply with OSHA regulations at a West Windsor, N.J., construction site by providing fall protection equipment to employees working from heights of 6 feet or greater as well as proper scaffolding for employees who are installing roof trusses. OSHA cited the framing contractor in June for exposing employees to fall hazards and proposed $107,900 in penalties. Subsequently, inspectors repeatedly observed workers placed in imminent danger–one that could reasonably be expected to cause death or serious physical harm–while installing roof trusses approximately 35 feet above the ground without any fall protection.

The U.S. District Court order and injunction also include requirements that the company retain an experienced independent safety consultant for the duration of the work at the West Windsor site; have a foreman, manager or consultant who has completed OSHA’s 30-hour construction safety course supervise work on all of the company’s work sites; provide OSHA’s 10-hour construction safety course to all employees; and notify OSHA of every construction project that is projected to take more than one week to complete. Sousa Contractors also is required to pay all outstanding penalties imposed by OSHA. See the news release for more information.

DOL improves enforcement databases to improve public access

The Department of Labor has enhanced its online enforcement database to improve public access to DOL’s enforcement actions. New features include map displays of inspection and violation data from OSHA and the Mine Safety and Health Administration as well as the ability to view individual inspection records and the enforcement history of a particular company or mine. “These improvements to our online enforcement database are part of our commitment to open, transparent enforcement,” said Secretary of Labor Hilda L. Solis. In addition to mapping capabilities, the updated site allows users to easily view important agency metrics; perform keyword searches; filter data by year, violations or penalties; and export search results or an entire data set into downloadable formats.

OSHA posts new educational video on preventing fatal falls in residential construction

OSHA’s narrated Residential Fall Protection slide presentation is the latest compliance assistance tool available to help the residential construction industry comply with the requirements of the agency’s Fall Protection standard. The presentation describes safety methods for preventing injuries and deaths from falls, and explains techniques currently used by employers during various stages of construction. These techniques include the use of bracket scaffolds, anchors, safety net systems, safety harnesses and lines, and guardrails for activities such as installing roof trusses and sheathing, decking, reroofing and installing walls, among others. Falls are the leading cause of death for workers involved in residential construction. Data from the Bureau of Labor Statistics’ 2009 Census of Fatal Occupational Injuries showed that 78 workers died from falls while constructing residential buildings. OSHA hopes the presentation will help employers protect their workers and reverse this deadly trend.

OSHA teams with Florida construction companies to promote heat illness prevention

OSHA Compliance Assistance Specialist Vergie Bain (left) meets with 250 construction workers Aug. 15 at a Bal Harbour, Fla., work site to discuss the need to take action to prevent heat-related illnesses.

OSHA’s area offices in Florida joined construction companies in a state-wide effort to educate construction workers about the serious dangers of heat illness when working outdoors. Companies stopped work on job sites around the state Aug. 15 to talk to their workers about preventing such illness. A Heat Illness Prevention Seminar, held Aug. 12, provided employers throughout South Florida with the resources and tools necessary to teach their employees about the importance of staying hydrated during the hot summer months, taking frequent and regular rest periods, and taking those breaks in shaded areas. See the slideshow on the OSHA Web site.

 

NFL players tweet about heat app

The National Football League Player’s Association (NFLPA) put out the word about OSHA’s heat safety tool app in an Aug. 26 Twitter post. NFL players who tweeted the information included St. Louis Rams running back Steven Jackson, Baltimore Ravens linebacker Brendon Ayanbedejo, and retired Tampa Bay Buccaneers defensive end Stephen White.

OSHA initiated its national Heat Illness Prevention Campaign to educate workers and their employers about the hazards of working outdoors in the heat. Online resources include educational materials, a curriculum for workplace training and print ads in color and black & white, all available in English and Spanish. Multiple copies of heat campaign publications can be ordered from OSHA’s Web site. OSHA recently unveiled a smartphone heat safety tool app that allows users to calculate their worksite heat index and provides descriptions of the corresponding protective measures necessary to prevent heat related illnesses.

Committee will meet Sept. 21 to advise OSHA on protecting the safety and health of shipyard workers

OSHA will hold a meeting Sept. 20-21 of the Maritime Advisory Committee on Occupational Safety and Health (MACOSH) at the Eastland Park Hotel in Portland, Maine. Work groups will meet Sept. 20 and the full committee will meet Sept. 21. The MACOSH agenda will include discussions on person in water (man overboard); cargo handling equipment; confined space ventilation; selection of welding shade protection; safe entry and cleaning practices in vessel sewage tanks; best practices in eye injury reduction; toxic materials; and injury and illness prevention programs. MACOSH meetings are open to the public. Individuals have until Sept. 14 to submit comments and requests to speak by mail, fax or online through the Federal eRulemaking Portal. See the notice in the Sept. 2 Federal Register for details.

Hazard alert warns of dangers to workers from incorrectly rebuilt circuit breakers

OSHA issued a hazard alert, warning workers and employers of the dangers of using certain Eaton/Cutler-Hammer molded-case circuit breakers that were incorrectly rebuilt. A third-party rebuilder may have altered the circuit breakers–identified by model numbers E²K and E²KM–by using incorrect parts that can cause the breakers to malfunction.

The breakers were originally manufactured by Eaton/Cutler-Hammer as part of its E² mining series breakers. The circuit breakers may appear to be new or properly rebuilt, but the third party rebuilder changed them from the manufacturer’s original design. The alert includes instructions for what employers should do if their worksites are using the affected breakers, such as having a qualified person shut off power to the breakers, following proper lockout/tagout procedures, removing this equipment from service and replacing it with one that a Nationally Recognized Testing Laboratory (NRTL) has properly certified. See the news release for more information.

NFPA issues new gas process safety standard after power plant explosion that killed six workers

The National Fire Protection Association (NFPA) has issued a new standard to prevent tragedies like the 2010 explosion at the construction site of the Kleen Energy Systems LLC power plant in Middletown, Conn., that killed six workers and injured nearly 50 others. The 2012 edition of NFPA’s Standard for Fire and Explosion Prevention During Cleaning and Purging of Flammable Gas Piping Systems applies to fire and explosion prevention during cleaning and purging activities for new and existing flammable gas piping found in electric-generating plant, industrial, institutional and commercial applications. Among other provisions, the standard prohibits the use of flammable gas for internal cleaning of piping systems and requires the development of written safety procedures.

OSHA issued $16.6 million in penalties for 364 workplace safety violations to 15 on-site contractors following the Kleen Energy power plant explosion. The blast occurred when flammable natural gas under high pressure was used to clean new fuel lines. The gas was vented into areas where it could not easily disperse, contacted an ignition source and exploded. Employers had allowed welding and other work to continue nearby at the time, creating an extremely dangerous situation.

Air Force base contractor fined more than $50,000 for exposing workers to hazardous air contaminants

OSHA fined contractor Affordable Engineering Services LLC $51,850 and cited the company for 12 serious safety and health violations related to exposing workers at Hill Air Force Base in Ogden, Utah to hazardous contaminants. OSHA inspected the base in January under its Federal Agency Targeting Inspection Program, which focuses on federal work sites with a high number of work-related injuries and illnesses. Affordable Engineering Services provides aircraft maintenance for the U.S. Air Force. The serious violations include exposing workers to air contaminants including hexavalent chromium, cadmium and methylene chloride; lack of engineering controls for air contaminants; lack of engineering controls for noise exposures; and inadequate medical surveillance for employees exposed to hexavalent chromium and cadmium. See the news release for more information.

Precast concrete company achieves safety excellence with help from OSHA’s free On-site Consultation Program

In 2010, OSHA sent Gate Precast Company, of Kissimmee, Fla., a Site-Specific Targeting letter due to an elevated injury and illness incident rate at the company. The letter recommended that the company take advantage of the free consultative services offered as part of OSHA’s On-site Consultation Program. After entering into a relationship with OSHA’s On-site Consultation, the managers at Gate Precast wanted to take their safety and health program to a higher level at the Kissimmee plant. They wanted to greatly improve their knowledge regarding OSHA standards and standards interpretations; strengthen their safety and health programs, policies and procedures; and find ways to better communicate this information to their employees and associates. According to Gate Precast’s safety manager, managers and their employees were eager to work with OSHA Consultation to accomplish this goal.

The company started by correcting all of the hazards identified and communicated by OSHA Consultation within the agreed-upon timeframe. Next, the company began to hold daily, instead of weekly, safety meetings. Everyone in the company–plant manager, vice president, steel shop/safety manager, supervisors, foremen/leads, and employees–became involved in the process of hazard recognition, communication and prevention. In 2011, one year after contacting OSHA On-site Consultation, the Gate Precast Company’s Kissimmee Plant, and three other sister plants, have succeeded in achieving recognition in OSHA’s Safety and Health Achievement Recognition Program (SHARP). See the online success story for more information.

New York DOL to cosponsor conference on Safe Patient Handling

The New York Department of Labor’s Division of Safety and Health is cosponsoring the 5th annual Safe Patient Handling Conference October 18-19 at the Albany Marriott Hotel in Albany, NY. This conference will showcase proven practices to safely lift, reposition and transfer patients, residents or people being cared for in residential and community settings, using new and emerging technology. This year the agenda includes Resident Handling and Equipment Solutions which is part of a Safe Resident Handling Training program developed by the Western New York Council on Occupational Safety and Health and funded by a Susan Harwood grant. Visit the conference Web site to register by October 7 or contact Carmela Sarcinelli at 716-847-7133 or sarcinelli.carmela@dol.gov for more information.

Oregon OSHA to host safety and health conference Sept. 21-22

Oregon’s Occupational Safety and Health Division (Oregon OSHA) and the Central Oregon Safety and Health Association will hold their annual Central Oregon Occupational Safety and Health Conference Sept. 21-22 in Redmond. Oregon OSHA encourages workers and employers to attend the event to help improve safety and health performance. The conference will feature a number of new safety topics for first responders as well as topics including safe spray finishing, top elements of a good safety program and emergency preparedness. Visit Oregon OSHA’s conference Web page for more information and to register online.

Washington state holds competition to promote safe forklift operation

Drivers use expert operating skills to negotiate a challenging driving course in Washington’s Forklift Rodeo.

Washington state will hold its annual forklift rodeo at the 60th Annual Governor’s Industrial Safety and Health Conference September 28-29. Fifteen professional forklift drivers will compete in this statewide event meant to encourage safety among forklift operators and raise awareness of the hazards associated with forklift use. The rodeo includes a written exam, pre-drive inspection and a skills demonstration on an obstacle course. Each year, tens of thousands of injuries related to forklifts, also known as powered industrial trucks (PITs), occur in U.S. workplaces.

 

OSHA celebrates 40 years of helping to ensure healthier workers, safer workplaces and a stronger America

Throughout 2011, OSHA is presenting a series of materials and activities to celebrate the agency’s 40th anniversary. Visit the OSHA at 40 Web page for resources including a short video using old and new footage to highlight key moments in the agency’s history, an interactive timeline and a commemoration of the 1911 Triangle shirtwaist factory fire. The page also links to an anniversary message from OSHA Assistant Secretary David Michaels as well as a video of his participation in a panel discussion on the nation’s progress in worker safety and health over the past forty years and the challenges that lie ahead.

 

July 15, 2011

Secretary of Labor Solis travels to Florida to bring message on protecting workers from heat-related illnesses

Secretary of Labor Hilda Solis traveled to Florida July 13 to take OSHA’s message of Water-Rest-Shade to workers. Taking a tour and meeting with workers at a Florida Power and Light (FPL) generation plant in Dania Beach, the Secretary spoke to local media about the importance of OSHA’s Heat Illness Campaign. The FPL site was chosen because the company has worked hard with their unionized employees (International Brotherhood of Electrical Workers) to put together a program focused on the hazards of heat stress. This site is also a participant in OSHA’s Voluntary Protection Programs.

“We’re obviously concerned about utility workers, berry pickers, landscapers and brick layers. But our message is just as important for the baggage handlers who transport luggage across the hot tarmac at Miami International Airport or car salesmen who pace the hot asphalt lots at dealerships that line Northwest 36th Street and 27th Avenue, as well as those working on road crews in heavy safety gear revamping North Miami Avenue and I-195,” Solis explained. “Statistically, we know that Latino workers are at the greatest risk of heat illness. They are more likely to work in outdoor industries such as agriculture and construction and are at greater risk of ending up hospitalized or worse from heat stroke.”

After the tour and a series of quick interviews, Solis headed for an informal luncheon at the OSHA Area Office in Fort Lauderdale to thank OSHA, Wage and Hour and EBSA employees for their efforts in protecting workers.

OSHA schedules stakeholder meetings to discuss occupational exposure to infectious diseases

OSHA will hold two informal stakeholder meetings July 29 in Washington, D.C., to solicit comments on exposure to infectious diseases in the workplace. OSHA will use information gathered during these meetings to explore the possible development of a proposed rule to protect workers from occupational exposure to infectious agents in healthcare settings where direct patient care is provided and other settings where workers perform tasks with occupational exposure. Based on responses to OSHA’s May 2010 Request for Information on Infectious Diseases and an ongoing review of literature on this subject, OSHA is considering development of a proposed program standard to control worker exposures to infectious agents. The two meetings will be held July 29 from 9 a.m. to noon and from 1:30 to 4:30 p.m. at DOL headquarters in Washington, D.C. See the news release for more information.

Safety summit in New York reaches out to Asian American/Pacific Islander workers

Director of OFCCP Patricia Shiu gives her keynote address at the AAPI Worker Protection Summit in Flushing, N.Y.

Nearly 150 participants attended the New York Asian American/Pacific Islander (AAPI) Worker Protection Summit hosted July 9 by OSHA and DOL’s Wage and Hour Division at Flushing Town Hall in Flushing, N.Y. The summit was co-sponsored by community service and advocacy organizations, membership-based organizations and labor unions representing AAPI workers. Office of Federal Contract Compliance Programs (OFCCP) Director Patricia A. Shiu gave the keynote speech. Educational materials were available in Chinese, Korean and Vietnamese and breakout groups had staff fluent in Cantonese, Mandarin and Korean. This was a unique opportunity to build bridges between government agencies and workers in the community, and to discuss workplace safety and health issues, workplace wage and hour issues, worker rights and how to voice concerns when those rights are violated.

OSHA holds Web chat on Semiannual Regulatory Agenda

OSHA officials held a Web chat July 11 to discuss the agency’s new regulatory agenda with the public and members of the press. Executive Order 12866 requires the semiannual publication of an agenda of regulations that contains a listing of all the regulations the Department of Labor expects to have under active consideration for promulgation, proposal, or review during the coming one-year period. During the hour-long Web chat, OSHA staff responded to more than 80 questions.

OSHA issues hazard alert on use of scissor lifts to film events and other functions

OSHA issued a hazard alert about the hazards of using scissor lifts to film events and functions. Scissor lifts are portable, hydraulic-powered lifts that are commonly used by colleges and high schools to film athletic and band activities. Hazards associated with scissor lifts include using the equipment during high winds or bad weather; overloading the equipment with heavy objects; removing the guardrails during operation; and driving the lift on uneven or unstable ground. The alert recommends precautions to reduce the risk of these and other hazards. See the news release for more information.

In October 2010, a 20-year-old University of Notre Dame employee was killed during a football practice while filming the team from a scissor lift that was blown over by high winds. The worker, who reportedly was not trained to properly operate the equipment, raised the lift more than 39 feet into the air on a day in which winds exceeded 50 miles per hour. After investigating the incident, the Indiana Occupational Safety and Health Administration fined the university $77,500 and cited it with the most serious safety violation allowable under Indiana law.

National Advisory Committee on Occupational Safety and Health makes recommendations to OSHA

The National Advisory Committee on Occupational Safety and Health (NACOSH) recommended at a June 22 meeting in Washington, D.C., that OSHA keep the Injury and Illness Prevention Program proposed rule as the highest priority in its regulatory agenda by keeping it on a timely schedule as it moves through the regulatory process. NACOSH also expressed support for the efforts of OSHA, in consultation with the National Institute for Occupational Safety and Health (NIOSH), to modernize the system for collection of injury and illness data to assure that it is timely, complete, accurate and both accessible and useful to employers, employees, responsible government agencies and members of the public. NACOSH’s other recommendations included NIOSH working with employers and employees to assure completeness and accuracy of injury and illness data and OSHA taking whatever steps are necessary and possible to issue the proposed silica rule without further delay. See NACOSH’s complete recommendations for more information.

Committee will meet July 27-28 to advise OSHA on protecting the safety and health of construction workers

OSHA will hold a meeting of the Advisory Committee on Construction Safety and Health (ACCSH) July 27-28 at DOL headquarters in Washington, D.C. ACCSH, an advisory body established under the Contract Work Hours and Safety Standards Act and the Occupational Safety and Health Act of 1970, has advised the secretary of labor and assistant secretary of labor for occupational safety and health for more than 35 years on construction standards and policy matters. The ACCSH agenda will include remarks from OSHA Assistant Secretary David Michaels. The agenda also will include updates from the Directorates of Construction and Cooperative and State Programs, and an update on the Injury and Illness Prevention Program rulemaking. ACCSH work groups will meet July 27, and the full committee will meet July 28. Individuals have until July 21 to submit comments and requests to speak by mail, fax or online through the Federal eRulemaking Portal. See the Federal Register notice for details.

Michaels seeks nominations for Federal Advisory Committee on Occupational Safety and Health

OSHA Assistant Secretary David Michaels is seeking nominations for membership on the Federal Advisory Committee on Occupational Safety and Health (FACOSH), which advises the secretary of labor on all matters relating to the occupational safety and health of federal employees. This includes providing advice on how to prevent injuries and illnesses in the federal workforce and how to encourage the establishment and maintenance of effective occupational safety and health programs in each federal agency. FACOSH is comprised of 16 members, eight representing management and eight representing labor organizations. Michaels is seeking nominations to fill three positions each from management and labor. Interested parties have until Sept. 6 to submit nominations online, by mail, or by fax. See the Federal Register notice for more information.

OSHA revises directive for reducing and eliminating hazards in commercial diving operations

OSHA recently revised a directive* that provides guidance on OSHA procedures aimed at eliminating hazards and reducing worker injuries, illnesses and deaths during commercial diving operations. OSHA’s commercial diving standard (29 CFR 1910 Subpart T), issued in 1977, applies to diving and related support operations in the general, construction and maritime industries. Changes in the current directive include:

  • listing answers to commonly asked questions about commercial diving operations
  • clarifying the requirements for and duties of workers who assist divers with their diving suits and gear, communications equipment and other functions

Included in the directive are inspection procedures for before, during and after dives; equipment maintenance; and recordkeeping requirements. The directive is available on OSHA’s Safety and Health Topics page on Commercial Diving, along with commercial diving standards specific to shipyard employment, marine terminals and longshoring, hazards and solutions, and safety and health programs. See the news release for more information.

Michaels participates in European Union talks on worker safety

OSHA Assistant Secretary David Michaels traveled to Brussels, Belgium, to speak at a July 13 meeting of the European Parliament Committee on Employment and Social Affairs. Michaels spoke to the committee members about the state of occupational safety and health in the United States and the opportunities for global progress by working with the European Union. Speaking about the importance of Injury and Illness Prevention Programs, Michaels said, “Our successful collaboration can serve as a blueprint to develop the tools employers and workers need to successfully implement these programs. We benefit from each other’s perspectives, and we move forward to improve conditions for our workers, our economies and our societies.”

DOL resolves OSHA citations against gunpowder manufacturer for explosion that killed two workers

As part of an agreement with the U.S. Department of Labor, Black Mag LLC, doing business as BMI and as Black Mag Industries, and Craig Sanborn, the company’s president, managing member and primary owner, have surrendered Black Mag LLC’s explosives manufacturing license and will permanently refrain from employing workers in any explosives-related business enterprise. OSHA fined Black Mag LLC $1.2 million in October 2010 and cited the company for more than 50 willful, egregious and serious violations of safety standards in connection with a May 14, 2010, explosion at the company’s Colebrook, N.H., facility. The explosion killed two employees who were manufacturing a gunpowder substitute. The employer contested the citations and fines to the independent Occupational Safety and Health Review Commission, but has since withdrawn its notice of contest and agreed to entry of an order that it violated the Occupational Safety and Health Act. See the news release for more information.

Two employers fined more than $600,000 after four workers suffer amputations
Companies placed in OSHA’s Severe Violator Enforcement Program

OSHA fined Quality Stamping Products Co. $426,100 and cited the company for 27 safety and health violations, including one willful violation for failing to report two amputation injuries that occurred at the company’s metal stamping plant in Cleveland. Two employees had fingers severed and crushed while operating mechanical power presses in the plant prior to OSHA’s January inspection. As a result, the company was cited for a total of nine willful safety violations, which also included failing to train press operators in safe work methods and failing to ensure the flywheels on the mechanical power presses were adequately guarded. The company was also cited with one willful health violation for its lack of proper chemical hazard communication and training. See the news release for more information. OSHA fined T & D Metal Products LLC $214,830 and cited the company with four safety violations, after two workers suffered amputation injuries at the company’s Watseka, Ill., metal stamping facility. Inspectors found that the company willfully disregarded the law’s requirements by failing to lock out/tag out hazardous energy sources prior to performing maintenance operations and to have point-of-operation guarding on two press brakes that caused the worker amputations in two separate incidents. OSHA also cited the company with a serious safety violation for failing to use safety blocks when dies were being adjusted and repaired. Prior to this inspection, the company had been cited by OSHA for 47 violations since 1988. See the news release for more information.

Contractor fined more than $350,000 after repeatedly exposing workers to trenching cave-in hazards

OSHA fined contractor P. Gioioso & Sons Inc. $354,000 after exposing its workers to cave-in hazards at Massachusetts work sites in Cambridge and Framingham. The company, which is primarily engaged in the construction of underground water and sewer mains, has a long history of violating workplace safety standards. Since 2000, Gioioso was cited seven times for repeat violations of OSHA’s trenching and excavation safety standards prior to these most recent citations. The Cambridge inspection was opened when an OSHA inspector observed a Gioioso employee working in an unprotected trench. During the inspection, a section of the trench wall collapsed while the employee was still in the trench. The second inspection began after a concerned passer-by informed OSHA of workers in an unguarded trench. In both cases, OSHA found that the trenches lacked cave-in protection and a ladder or other safe means for workers to exit the trenches. See the news release for more information.

OSHA staff help provide assistance to ensure the safety and health of workers during tornado cleanup in Joplin

An OSHA industrial hygiene Compliance Safety and Health Officer (right) using a respirable dust monitor and discussing his findings with a contractor in Joplin, Mo., following the May 22 tornado that devastated the city.

OSHA Area office personnel have been on the ground providing assistance and monitoring cleanup operations in Joplin, Mo., since the city was hit by a devastating tornado May 22 to see that workers are being protected from hazards during the recovery process. Conservative estimates are that there are more than three million cubic yards of debris left behind by the tornado that workers must collect and transport to local landfills for disposal. Region VII OSHA staff completed approximately 200 interventions to date with federal, state, local, and private sector entities working in Joplin. Concerns range from worker exposure to asbestos and other hazardous materials, heat stress, cuts, falls, and large vehicle traffic. OSHA personnel have made every effort to ensure work practices are well-planned and employee exposures are addressed. See OSHA’s Tornado Preparedness and Response Web page for information on preventing worker injuries and illnesses during tornado recovery operations.

Manufacturer reduces worker injuries and illnesses with help from OSHA’s free On-site Consultation Program

Rynone Manufacturing Corporation, a family owned and operated manufacturer of marble countertops, contacted OSHA’s free On-site Consultation Program to request assistance in improving their safety and health management system. During an initial comprehensive visit at Rynone’s Sayre, Pa., facility the consultant identified hazards related to process operations and provided training on hazard recognition. As a result of the assistance it received from the On-site Consultation personnel, the company enhanced its safety and health management system and achieved recognition in the On-site Consultation Program’s Safety and Health Achievement Recognition Program (SHARP). See the online success story for more information.

Wyoming OSHA and state oil and gas industry form alliance to protect worker safety

The Wyoming Occupational Safety and Health Administration and the Wyoming Oil & Gas Industry Safety Alliance (WOGISA) signed an alliance* June 15 to increase safety in the oil and gas industry. WOGISA comprises oil and gas employers throughout the state, including producers, drillers, service companies, support activities and others. The three major goals of the Wyoming OSHA/WOGISA alliance are to:

  • Develop training and education programs regarding specific hazard recognition and prevention associated within the Wyoming oil and gas energy industry.
  • Create a forum for employers and employees to work together to resolve workplace safety and health issues.
  • Deliver, arrange for, or assist in the delivery of the OSHA 10-Hour Construction and OSHA 10-Hour General Industry courses, and other applicable training.

In addition to education efforts, the alliance will facilitate better communication between Wyoming OSHA and industry safety and health professionals. See the news release for more information.

Water, rest and shade: Protecting workers from heat-related illness

OSHA initiated its national Heat Illness Campaign to educate workers and their employers about the hazards of working outdoors in the heat. OSHA is leveraging relationships with other state and local partners, employers, trade organizations, unions, community groups, educational institutions and healthcare professionals, to disseminate training materials across the country. Online resources include educational materials, a curriculum for workplace training and print ads in color and black & white, all available in English and Spanish. Multiple copies of heat campaign publications can be ordered from OSHA’s Web site. OSHA is also partnering with the National Oceanic and Atmospheric Administration (NOAA) on weather service alerts to incorporate worker safety precautions when heat alerts are issued across the United States. NOAA is also including pertinent worker safety information on its Heat Watch Web page.

OSHA celebrates 40 years of helping to ensure healthier workers, safer workplaces and a stronger America Throughout 2011, OSHA is presenting a series of materials and activities to celebrate the agency’s 40th anniversary. Visit the OSHA at 40 Web page for resources including a short video using old and new footage to highlight key moments in the agency’s history, an interactive timeline and a commemoration of the 1911 Triangle shirtwaist factory fire. The page also links to an anniversary message from OSHA Assistant Secretary David Michaels as well as a video of his participation in a panel discussion on the nation’s progress in worker safety and health over the past forty years and the challenges that lie ahead.
OSHA photo contest to end in August OSHA’s photo contest celebrating the agency’s 40th anniversary ends Aug. 12. Picture It! Safe Workplaces for Everyone challenges anyone with a passion for photography to capture an image of workplace safety and health and share it with OSHA. See the contest Web site for more information.

Job openings

Are you interested in a career with the Department of Labor? DOL has job opportunities throughout the country, including openings in OSHA for a Safety and Occupational Health Specialist (Construction) and Director, Cooperative and State Programs.

July 1

NOAA extreme heat weather alerts contain worker safety information
Solis and Michaels hold news conference with meteorologists to discuss need for nationwide awareness

OSHA is partnering with the National Oceanic and Atmospheric Administration (NOAA) on weather service alerts to incorporate worker safety precautions when heat alerts are issued across the United States. NOAA is also including important worker safety information on its Heat Watch Web page. Each year, thousands of outdoor workers experience heat illness, which often manifests as heat exhaustion. If not quickly addressed, heat exhaustion can become heat stroke, which killed more than 30 workers last year.

To bring greater awareness to this issue, Secretary of Labor Hilda L. Solis and OSHA Assistant Secretary David Michaels participated in a June 21 conference call with meteorologists and other television and radio reporters who cover the weather to discuss how to alert outdoor workers and their employers about the dangers of extreme heat. Solis and Michaels informed the meteorologists and reporters about OSHA’s National Heat Illness Campaign (see below), offered recommendations for protection and encouraged news coverage to help spread to viewers and listeners everywhere the simple message: water, rest, shade.

OSHA requests comments on proposed updates to occupational injury and illness recording and reporting requirements

OSHA is requesting public comments on a Notice of Proposed Rulemaking announced in the June 22 Federal Register that updates two aspects of the agency’s recordkeeping and reporting requirements for work-related injuries and illnesses. Comments must be submitted by Sept. 20, 2011. See the Federal Register notice for details on how to submit comments.

Under the proposal, employers would be required to report to OSHA any work-related fatalities and in-patient hospitalizations within eight hours, and work-related amputations within 24 hours. Under the current regulation, employers are required to report any work-related fatality and only work-related in-patient hospitalizations of three or more workers and are not required to report amputations.

OSHA is also proposing to update Appendix A of the recordkeeping rule (Part 1904 Subpart B) that lists industries partially exempt from the requirements to maintain work-related injury or illness logs because of their relatively low injury and illness rates. The Standard Industrial Classification (SIC) system used in the current list of industries would be replaced by the North American Industry Classification System (NAICS) used by most federal agencies. See the news release and Frequently Asked Questions page for more information.

Solis and ambassadors of Guatemala and Nicaragua sign declarations protecting migrant workers’ rights

From left: Secretary of Labor Hilda L. Solis, Nicaraguan Ambassador Francisco Campbell and OSHA Assistant Secretary David Michaels at the signing of declarations that will make it easier to protect the rights of Guatemalan and Nicaraguan citizens working in the United States.

Joined by Guatemalan Ambassador Francisco Villagrán De Léon and Nicaraguan Ambassador Francisco Campbell, Secretary Solis signed declarations at a June 16 ceremony that will better protect the rights of Guatemalans and Nicaraguans working in the United States. OSHA Assistant Secretary David Michaels and Nancy J. Leppink, acting administrator of DOL’s Wage and Hour Division, also signed agreements to implement the declarations. “Individuals from Guatemala and Nicaragua make important contributions to the U.S. economy, and their workplace rights should be protected,” Solis said. “I am pleased that the U.S., Guatemalan and Nicaraguan governments are working together to help make that happen.”

OSHA will continue efforts to improve workplace safety and health conditions while simultaneously providing outreach and assistance to Spanish-speaking workers and employers. Additionally, through OSHA and the Wage and Hour Division, DOL will be better able to identify problems experienced by migrant workers and to target labor law enforcement efforts. For more information, see the news release, available in English or Spanish.

OSHA resources can help employers prevent fireworks-related injuries during July 4th celebrations

As July 4th approaches, OSHA is reminding employers of the workplace hazards associated with fireworks manufacturing, storage, transportation, display and retail sales. Resources addressing common hazards and controls for both the retail sales and display of fireworks are available on the OSHA Assistance for the Pyrotechnics Industry Web page. Pyrotechnics include many devices to launch, detonate, or initiate an explosive material. OSHA’s Pyrotechnics Industry page includes links to lists–available as posters and pocket-sized cards–of top 10 precautions employers should take in fireworks sales and display to help keep their workers safe on the job and prevent workplace injuries and fatalities. The site also includes OSHA Safety Guidelines for Display Fireworks Sites*, to advise display fireworks operators and other affected employers of procedures to help ensure that display fireworks are used safely.

OSHA and FDA launch joint effort to improve communication and cooperation

OSHA signed a memorandum of understanding June 16 with the Food and Drug Administration (FDA) recognizing the importance of close cooperation and collaboration between the FDA and OSHA–two enforcement agencies responsible for preventing injuries and illnesses. To better protect both workers and consumers, the two agencies have agreed to share relevant information obtained during inspections of facilities where food is produced, processed or held.

Both agencies developed and implemented formal communications procedures and processes, including staff training. The training covered each agency’s mission and responsibilities, what each agency regulates and how to identify the types of situations each agency would like employees to watch for and report. “The intent of the training program was to share information that may assist each agency. This is not an attempt to make OSHA inspectors become FDA Investigators or vice- versa. This training is intended to raise everyone’s awareness level so that information can be shared,” said OSHA Assistant Secretary David Michaels. “Our combined efforts to share information on possible violations of OSHA and FDA standards will help minimize the potential for injuries, illnesses and deaths.”

New report on carcinogens may affect employer Hazard Communication Programs

The U.S. Department of Health and Human Services recently released the National Toxicology Program’s (NTP) 12th Report on Carcinogens (RoC), one of the two cancer lists referenced in OSHA’s Hazard Communication Standard (HCS). As a result, employers that manufacture, distribute, or use any of the eight chemicals with new or updated listings in the 12th RoC need to determine if the changes have any impact on their existing hazard communications programs. The 12th RoC added two substances–formaldehyde and aristolochic acids–to its list of known human carcinogens, and six substances–captafol, cobalt-tungsten carbide (in powder or hard metal form), certain inhalable glass wool fibers, o-nitrotoluene, riddelliine (a botanical, not be confused with the drug Ritalin) and styrene–to its list of chemicals and biological agents that are reasonably anticipated to be human carcinogens. For chemicals like styrene and formaldehyde, which are already listed as carcinogens by the NTP or other organizations, the impact of the listings in the 12th RoC is likely to be minimal because many of the HCS requirements have already been triggered by the previous listings.

Chemicals listed in the RoC are considered carcinogens under OSHA’s Hazard Communication Standard. Therefore, manufacturers and importers of a chemical or a product containing a chemical listed in the RoC must list the chemical on Material Safety Data Sheets (MSDSs) if it is present at a concentration of 0.1% or greater when the product has not been tested as a whole, and they must include warning information about cancer in the MSDS. Chemicals listed on the RoC that are present at less than 0.1% must also be listed if they could be released from the product in concentrations that could present a health risk to workers. The MSDS must also indicate that the NTP lists the chemical as a carcinogen.

Employers that use chemicals with new or updated cancer listings in the RoC or products that contain these chemicals should review incoming MSDSs for new information and must train workers about any new chemical or product hazards. Employers must also look at how the chemical or product is used in their workplaces and make sure that the precautions and protective equipment they require are sufficient to protect workers from anticipated exposures. See the news release for more information about the 12th Report on Carcinogens and OSHA’s Safety and Health Topics Page on Carcinogens to learn more about employer responsibilities to protect workers from exposure to these hazardous substances.

OSHA sues real estate management company to protect whistleblower

OSHA is suing CMM Realty Inc. in Columbia, S.C., for allegedly firing an employee who reported workplace and environmental concerns regarding asbestos at one of the company’s worksites. In November 2010, OSHA enforced the whistleblower provisions of the Clean Air Act by ordering the company to reinstate the individual and pay him $56,222 in compensatory damages and back wages. OSHA is now suing the company in federal court for violating Section 11(c) of the Occupational Safety and Health Act, which forbids companies from discriminating against employees who file a complaint. See the news release for more information.

Under the various whistleblower provisions enacted by Congress, employers are prohibited from retaliating against employees who raise various protected concerns or provide protected information to an employer or to the government. OSHA enforces the whistleblower provisions of Section 11(c) of the OSH Act, as well as 20 other statutes protecting employees who report violations of various securities laws; trucking, airline, nuclear power, pipeline, environmental, rail, workplace safety and health regulations; and consumer product safety laws. Employees who believe that they have been retaliated against for engaging in protected conduct may file a complaint with the secretary of labor for an investigation by OSHA’s Whistleblower Protection Program.

OSHA issues new directive on Corporate-Wide Settlement Agreements

OSHA issued a new compliance directive June 22 that updates the agency’s directive for administering Corporate-Wide Settlement Agreements (CSAs) with employers. The new guidelines are part of the agency’s emphasis on using corporate-wide or enterprise-wide settlement agreements as part of its strategy for leveraging limited resources to accomplish the broadest possible compliance.

“OSHA has made limited use of CSAs in recent years,” said OSHA Assistant Secretary David Michaels. “However, we believe that the revised directive will be an effective tool to secure worker safety and health protections. Through an employer’s formal agreement to abate serious hazards at multiple facilities, CSAs are an improvement over traditional enforcement measures that could take much longer.”

The new directive emphasizes CSAs as a strategy for leveraging the agency’s resources to accomplish the greater compliance. OSHA has used CSAs as a compliance tool to more effectively address specific topics for employers who have a significant pattern of non-compliance with the OSH Act across multiple site locations including cases that fall under the increased scrutiny of the Severe Violator Enforcement Program (SVEP). Agreements are now required to include a termination date or sunset clause with a maximum of two years from the settlement date. OSHA posts Corporate-wide Settlement Agreements on its Web site.

New Local Emphasis Programs in four states target injuries and deaths related to powered industrial trucks

OSHA recently initiated Local Emphasis Programs (LEPs) in Alabama, Florida, Georgia and Mississippi focused on reducing fatalities and serious injuries related to powered industrial trucks. Inspections conducted under these LEPs will primarily focus on operator training, maintenance and repair, and the pathways the trucks travel to ensure clear visibility and determine any possible struck-by hazards. The LEPs began May 29 and will continue until Sept. 30, 2012, unless extended.

LEPs are enforcement strategies designed and implemented at the Regional Office or Area Office levels. These programs are intended to address hazards or industries that pose a particular risk to workers in the Office’s jurisdiction.

DOL to hold Asian American/Pacific Islander summit in New York on July 9

OSHA and DOL’s Wage and Hour Division will host the New York Asian American/Pacific Islander (AAPI) Worker Protection Summit July 9 at Flushing Town Hall in Flushing, N.Y. The summit is co-sponsored by community service and advocacy organizations, membership-based organizations and labor unions representing AAPI workers. This is a unique opportunity to build bridges between government agencies and workers in the community, and to discuss workplace safety and health issues, workplace wage and hour issues, worker rights and how to voice concerns when those rights are violated. Simultaneous translation will be provided in Chinese and Korean to facilitate communication. See the event flyer* for more information.

Committee will meet July 19 to advise OSHA on protecting the safety and health of shipyard workers

OSHA will hold a meeting July 19-20 of the Maritime Advisory Committee on Occupational Safety and Health (MACOSH) at the San Diego Marriott Del Mar. Work groups will meet July 19 and the full committee will meet July 20. The MACOSH agenda will include discussions on single and multi-piece rim wheels; working safely around radiation; person in water (man overboard); fire watch responsibilities; ventilation safety; selection of welding shade; safe entry and work in vessels’ sewage tanks; best practices in eye injury reduction; electrical safety; and injury and illness prevention programs. MACOSH meetings are open to the public. Individuals have until July 10 to submit comments and requests to speak by mail, fax or online through the Federal eRulemaking Portal. See the Federal Register notice for details.

Michaels discusses worker safety and health at national conference of safety engineers

OSHA Assistant Secretary David Michaels (center) and National Institute for Occupational Safety and Health Director John Howard (right) discussed their agencies’ perspective on workplace safety and health with American Society of Safety Engineers’ Diana Stegall at ASSE’s annual conference.

OSHA Assistant Secretary David Michaels joined Dr. John Howard, director of the National Institute of Occupational Safety and Health, for a panel discussion on key issues and concerns of safety professionals at the American Society of Safety Engineers’ Professional Development Conference June 13 in Chicago. Michaels spoke about the importance of Injury and Illness Prevention Programs in finding and addressing hazards before they cause harm to workers.. He also congratulated the ASSE on its 100th anniversary. “We know how hard you work every day and night doing everything you possibly can to protect your co-workers. We sincerely thank you. You are the silent heroes of the workplace.”

Tire company and two contractors fined more than $250,000 for exposing workers to combustible dust and other hazards

OSHA cited Cooper Tire and Rubber Co. and two of its maintenance contractors $254,900 and cited them with 25 safety violations at Cooper’s Tupelo, Miss., plant, including exposing workers to hazards associated with combustible dust. OSHA opened a December 2010 inspection in Tupelo following an inspection at the company’s Findlay, Ohio, plant that uncovered multiple workplace hazards.

Cooper was fined for 14 violations that included willfully disregarding requirements to provide workers with protection from fires and explosions in the plant’s ductwork, particle size separators, dust collectors and conveyor systems, and to install equipment and use wiring methods that were approved specifically for hazardous locations. Other violations included failing to replace or repair defective safety latches on a hoist, failing to use a standard guardrail to protect employees from dangerous equipment, and allowing combustible dust to accumulate in the handling systems.

Two maintenance contractors working with Cooper, JESCO Maintenance Corp. and IH Services, were cited with a total of 11 violations that included allowing explosive carbon black to accumulate; exposing workers to electrical hazards; and allowing the wiring and installations of equipment in hazardous locations not designed or approved for those locations. See the news release for more information.

Excavation company fined more than $150,000 after one worker is killed and another injured in trench cave-in

OSHA fined Bontrager Excavating LTD in Uniontown, Ohio, $157,710 and cited the company for two alleged willful, two serious and one repeat safety violation for failing to protect workers from cave-ins during trenching operations. An inspection was initiated after one worker was killed and another injured in a trench collapse.

OSHA inspectors found that Bontrager showed plain indifference to worker safety and disregard for the law’s requirements by willfully exposing its employees to trenching and excavation hazards in trenches that were not adequately protected to prevent cave-ins. During the installation of sewer lines in a residential neighborhood, a trench wall collapse resulted in the death of a foreman and injury to another worker. OSHA issued Bontrager a repeat violation for failing to provide a safe means of exit to employees working inside a trench. The company was cited for the same violation in 2007. In addition, inspectors found that the company had exposed workers to the risk of death or serious physical harm by failing to safely determine the location of underground utilities and to ensure a trench shield system was no more than 2 feet off the bottom of a trench floor.

OSHA has placed Bontrager Excavating in its Severe Violator Enforcement Program, which mandates targeted follow-up inspections to ensure compliance with the law. See the