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(c) 2010-2024 Jon L Gelman, All Rights Reserved.

Tuesday, September 13, 2011

Acetone Explosion Results in $917,000 OSHA Fine for Bostik Inc.

US Labor Department’s OSHA cites 50 safety violations, proposes $917,000 in fines against Bostik Inc. following Middleton, Mass., explosion

The U.S. Department of Labor's Occupational Safety and Health Administration has cited Bostik Inc. for 50 alleged violations of workplace safety standards following a March 13 explosion at the company's Middleton plant in which four workers were injured. The adhesives manufacturer faces a total of $917,000 in proposed fines.

OSHA's inspection identified several serious deficiencies in the company's process safety management 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. In this case, the chemical was acetone, used in a PSM-covered process known as direct solvation. On the day of the explosion, a valve on a transfer line inadvertently was left open, resulting in the release of flammable acetone vapors. The vapors exploded after being ignited by an undetermined source.

"The requirements of OSHA's PSM standard are stringent and comprehensive because the stakes are so high," said Assistant Secretary of Labor for OSHA Dr. David Michaels. "Failure to evaluate, anticipate, address and prevent hazardous conditions associated with a process can result in a catastrophic incident such as an explosion."

"In this case, Bostik knew from prior third party and internal compliance audits conducted at the plant that aspects of its PSM program were incomplete or inadequate, and misclassified electrical equipment was in use. The company did not take adequate steps to address those conditions," said Jeffrey A. Erskine, OSHA's area director for northeastern Massachusetts. "Luckily, the explosion happened when there were few workers in the plant. Otherwise, this incident could have resulted in a catastrophic loss of life."

Specifically, OSHA found that the process safety information for the solvation process was incomplete. The employer's analysis of hazards related to the process did not address previous incidents with a potential for catastrophic results, such as forklifts that struck process equipment, and did not address human factors such as operator error, communication between shift changes and employee fatigue from excessive overtime. In addition, the company did not ensure that a forklift and electrical equipment, such as a light fixture, switches and a motor, were approved for use in Class 1 hazardous locations where flammable gases or vapors are present.

As a result, OSHA has issued Bostik nine willful citations, with $630,000 in proposed fines, for these conditions. 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.

Bostik Inc. also has been issued 41 serious citations, with $287,000 in fines, for a range of other conditions, including an incomplete and deficient emergency response plan, inadequate training for employees required to fight fires, obstructed exit access and electrical hazards, and additional PSM deficiencies. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.



Bostik Inc. has 15 business days from receipt of its citations and proposed penalties to comply, meet with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission. The investigation was conducted by OSHA's Andover Area Office; telephone 978-837-4460.

To report workplace incidents, fatalities or situations posing imminent danger to workers, call OSHA's toll-free hotline at 800-321-OSHA (6742).

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

Monday, September 12, 2011

Workers Compensation Do It Yourselfers Get Help

Workers Compensation claims can be complicated and difficult so some states offer assistance to those who want to handle their own cases. Minnesota is the latest in a series of jurisdictions to offer assistance to both injured workers and employers.

The Department of Labor and Industry (DLI) has established a new Office of Workers' Compensation Ombudsman to provide advice and assistance to employees and small businesses.

"Our goal is to help injured workers and small businesses who are having problems navigating the workers' compensation system," said Ken Peterson, DLI commissioner. "The ombudsman will complement the other services provided by our agency's Safety and Workers' Compensation Division and will be an additional resource for parties who need in-depth help in resolving problems they encounter in the workers' compensation system."

Various stakeholders have long sought an ombudsman function to help injured workers who are often at a disadvantage because they know very little about how the sometimes complex benefit entitlement system works in workers' compensation. In February 2009, after studying DLI's oversight of workers' compensation, the Minnesota Office of the Legislative Auditor issued a report that encouraged the establishment of an ombudsman function to "help those injured workers who are overwhelmed with the workers' compensation process."

The ombudsman assists injured workers by:
  • providing advice and information to help them protect their rights and to pursue a claim;
  • contacting claims adjusters and other parties to help resolve disputes;
  • assisting in preparing for settlement negotiations or mediation; and
  • making appropriate referrals to other agencies or entities when further resources are needed.

The ombudsman assists small businesses by:
  • providing information regarding what to do when an employee reports an injury;
  • directing them to appropriate resources for assistance in obtaining and resolving issues regarding workers' compensation insurance; and
  • responding to questions pertaining to employers' responsibilities under Minnesota's workers' compensation law.
Hopefully more states will recognize that their to assist employees and employers in what has become a very complicated process. The Minnesotta effort will go along way to relieve stress and anxiety for everyone involved in the process.

For over 3 decades the Law Offices of Jon L. Gelman  1.973.696.7900  jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.


Saturday, September 10, 2011

What Congress Really Needs To Do To Solve the Asbestos Epidemic

The Republican House Majority is again putting on its old and tired dog and pony show to blame the victims of asbestos disease for their occupational illness that were in fact caused by employers and manufactures of asbestos products. The Industry is pulling out the old fraud card and soap box at a scheduled Congressional hearings next week.


Asbestos has been known to be a fatal carcinogen for decades. It is a cause of latent disease that may take decades to manifest after the initial exposure. Minimal exposure to asbestos may be fatal. Asbestos has been linked to asbestosis, and malignancies such as mesothelioma and lung cancer. There is no universal ban on the use of asbestos fiber in the US. Asbestos victims have been held hostage by Congress to give up more rights for compensation as the debate for imposition of a national ban on asbestos continues.


Decades of litigation, originating in US workers' compensation claims, and  liability claims, has revealed that employers and manufacturers concealed important information from employees who were exposed to deadly asbestos fiber. That malfeasance has resulted in benefits and awards to injured workers and their families through the US civil justice system and bankruptcy claim process.


Asbestos litigation has evolved in waves or surges of claims over the decades. It is very long term litigation. Sometimes amounting to  decades of processing after manifestation of the disease  process. Recently there has been an upswing in the number of bystanders and household contacts who suffer disease. This is caused by  yet another generation of workers, their family members and bystanders who have been exposed to asbestos fiber. Some has been the result of mere home demolition and rehabilitation. Ironically, many of the victims, first responders and innocent bystanders of  The September 11th Attack were exposed by the pulverization of asbestos containing building materials on the attack on the World Trade Center.


It is an unfortunate turn of events when the Republican dominated Congress points the finger at the innocent asbestos victims. The nation would be better served if the focus were on the real culprits, those who manufactured the epidemic of asbestos disease, and an effort made to increase research for a cure to asbestos related illness. It is hopefully time for Congress to help the victims get access to benefits, invest in medical research, and to impose a universal ban of asbestos in the nation.

For over 3 decades the Law Offices of Jon L. Gelman  1.973.696.7900  jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.

Thursday, September 8, 2011

OSHA Cites Manufacturers and Distributors of Formaldehyde Hair Products

Companies failed to protect workers, warn product users of hazards


The U.S. Department of Labor's Occupational Safety and Health Administration has cited two Florida manufacturers and two Florida-based distributors of hair products containing formaldehyde for 16 health violations involving alleged failures to protect their employees from possible formaldehyde exposure and to communicate with the products' users, such as salons and stylists, about the hazards of formaldehyde exposure. Proposed penalties for the companies total $49,200.

"Employers are responsible for identifying the risks associated with producing and using these hair products, as well as for taking appropriate measures to ensure that they protect their own employees and other workers who may be using their products, such as stylists, from any potential hazards," said Cindy Coe, OSHA's regional administrator in Atlanta.

OSHA's inspections were initiated based on a referral by Oregon's Occupational Safety and Health Division, which tested more than 100 product samples at 50 salons using hair smoothing or straightening products. Some products causing formaldehyde exposure were traced back to the Florida manufacturers and distributors. Formaldehyde can irritate the eyes and nose, and cause coughing and wheezing. It is a sensitizer, which means that it can cause allergic reactions of the lungs, skin and eyes, such as asthma, rashes and itching. It also has been linked to cancer.

Both M&M International Inc. in Delray Beach, a distributor of the straightening hair product "Marcia Teixeira," and Copomon Enterprises in Boca Raton, a distributor of the keratin-based hair product "Keratin Complex Smoothing Therapy," have been cited for three serious violations and fined $12,600 each for failing to ensure that material safety data sheets reflected the content of formaldehyde in the products or the hazards associated with formaldehyde exposure, as well as for failing to develop a written hazard communication program for their own employees. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

Pro Skin Solutions Inc. in Orlando, a manufacturer of keratin-based products used for hair straightening, has been cited for five serious violations with penalties of $15,000. Violations include failing to establish a written respiratory protection plan, provide an emergency eyewash station, develop appropriate procedures to protect employees in the event of an emergency and develop or implement a written hazard communication program. The company also failed to address formaldehyde exposure and inhalation hazards, including possible cancer-causing effects, on material safety data sheets for the formaldehyde-containing products.

Additionally, Pro Skin Solutions has been cited for two other-than-serious violations with no monetary penalties for failing to maintain air sampling records and provide written procedures for evaluating chemical hazards. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.

Keratronics Inc. in Coral Springs, a manufacturer of keratin-based products used for hair straightening, has been cited for three serious violations with penalties of $9,000 for failing to provide an eyewash station for employees using corrosive products, evaluate the hazards of keratin-based products for development of the material safety data sheets, and develop or maintain a written hazard communication program on handling chemicals such as timonacic acid, formalin, acetic acid and hydrolyzed keratin.

All manufacturers, importers and distributers are required by OSHA standards to identify formaldehyde on any product that contains more than 0.1 percent formaldehyde, either as a gas or in a solution that can release formaldehyde at concentrations greater than 0.1 part per million. The material safety data sheet that comes with the product also must include this information, as well as explain why the chemical is hazardous, what harm it can cause, what protective measures should be taken and what to do in an emergency. The sheets are used by employers to determine products' potential health hazards and methods to prevent worker exposure.

Federal OSHA issued a hazard alert earlier this year to hair salon owners and employees about potential formaldehyde exposure resulting from working with some hair smoothing and straightening products. It can be viewed at http://www.osha.gov/SLTC/formaldehyde/hazard_alert.html.

In addition, the U.S. Food and Drug Administration recently issued a warning letter to GIB LLC in North Hollywood, Calif., doing business as Brazilian Blowout, concerning misbranding relating to formaldehyde. That letter is available at http://www.fda.gov/ICECI/EnforcementActions/WarningLetters/ucm270809.htm.

Keratronics, M&M International and Copomon Enterprises were inspected by OSHA's Fort Lauderdale Area Office, 1000 S. Pine Island Road, Suite 100, Fort Lauderdale, Fla. 33324; telephone 954-424-0242. Pro Skin Solutions was inspected by OSHA's Tampa Area Office, located at 5807 Breckenridge Parkway, Suite A, Tampa, Fla. 33610; telephone 813-626-1177. To report workplace incidents, fatalities or situations posing imminent danger to workers, call the agency's toll-free hotline at 800-321-OSHA (6742).

The companies have 15 business days from receipt of the citations and proposed penalties to comply, request a conference with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission.

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

Wednesday, September 7, 2011

Distracted Driving Accidents Echo Intoxication Caused Injuries

The New England Journal of Medicine reports that the activism against driving while intoxicated is beginning to be mirrored in distracted driving crashes. This parallel will probably cause workers' compensation courts and state legislature to shortly revisit the compensability of certain claims caused by employees who engage in distracted driving and will likely bar them from eligibility as workers compensation claims.


"As cell phone technology improved, texting while driving, which necessitates taking one’s eyes off the road, also became a major concern. The new term 'distracted driving' encompasses many behaviors that divert attention from driving, hampering awareness and performance and increasing risk."


The moral outrage being generated from distracted driving behavior will most likely mandate the imposition of technological changes to restrict cell phone use in moving vehicles. While that technology is being developed and deployed, workers and their employers should take heed of the growing public policy against such conduct.

Turning Over in Bed Not Compensable Event

A NJ Workers' Compensation Court has held that turning over in bed to shut off an alarm clock, an act that aggravating a pre-existing back injury, was not a compensable workers' compensation event. The Court held that the subsequent event, turning in bed, was an intervening, superseding event unrelated to the original work related accident.

The Court enunciated that in workers' compensation claims the injured worker has the burden of proof to establish the causal relationship of the subsequent event to the prior event. This "bridging" of causal relationship is well defined in the law of torts under the so-called "but for rule." The second event, turning in bed, was considered an unrelated intentional act and not compensable.

Judge Philip A. Tornetta stated in his opinion, "... There was not a scintilla of evidence to refute the fact that petitioner’s turning in bed was nothing more than an innocent, unintentional act , which no doctor had restricted him from doing."

Ippolitto v County of Bergen, et al., NJ Division of Workers' Compensation, CP 2007-25283, 2010-17376, Decided August 1, 2011.

Tuesday, September 6, 2011

9-11 Photographic Remembrance - Photographer Joe McNally Comments on His Project

Joe McNally, an incredibly skilled professional photographer discusses his project commemorating the 10 anniversary of the World Trade Center attack in New York City. Joe's recent blog reveals his dedication, commitment and endurance in photographing the horrific event 10 years ago and then updating the project for the 10th Anniversary. His project is now on display at the Time-Warner Center in New York City.


Click here to read the Blog Post:  http://bit.ly/n7rR7v