OSHA cites willful safety violation after workers expected to 'free climb' 195-foot tower without adequate fall protection

Two workers were free climbing, or climbing without safety lines, a 195-foot communication tower under construction without adequate fall protection in Coolville. As a result, Morlan Enterprises has been cited for one willful and eight serious safety violations by the U.S. Department of Labor's Occupational Safety and Health Administration. OSHA has proposed penalties of $52,500.

"Free climbing a communication tower is extremely dangerous, and it was this company's responsibility to ensure appropriate fall protection was provided and used," said Deborah Zubaty, OSHA's area director in Columbus. "Employers and cell tower owners and operators must do everything possible to stop senseless, preventable tragedies in the communication tower industry."

In 2013, 13 workers were fatally injured at communication work sites. The majority of these deaths were a result of falls. OSHA requires employers to provide fall protection equipment, train employees how to use the safety equipment and ensure that they use it properly and consistently.

Morlan Enterprises was contracted by New Era Broadband Services of Coolville to perform tower construction and antenna installation services at 20 locations in the Meigs County area. The New Era Broadband construction project is being funded by a grant, administered through the U.S. Department of Agriculture-Rural Utilities Service, to bring broadband services to underserved communities in the area.

The willful violation cites the company for failing to ensure workers climbing the tower were using effective and adequate fall protection, including installing a climbing cable to the tower. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirement, or with plain indifference to employee safety and health.

Eight serious violations were cited for failing to provide workers with training on fall hazards, provide personal protective equipment, such as shock-absorbing lanyards and hard hats, and requiring workers to purchase their own fall arrest harnesses and other protective equipment. Other violations involved failing to make provisions for prompt medical attention* before starting work and having first aid kits available for emergencies.

An OSHA violation is serious if death or serious physical harm could result from a hazard an employer knew or should have known exists.

OSHA is concerned about the alarming increase in preventable injuries and fatalities at communication tower work sites. As a result, OSHA is collaborating with the National Association of Tower Erectors and other industry stakeholders to ensure that every communication tower employer understands how to protect workers performing this high-hazard work.

More fatalities occurred in this industry in 2013 than in the previous two years combined. This disturbing trend appears to be continuing, with seven worker deaths occurring so far in 2014. To prevent these tragic incidents, OSHA has sent a letter to communication tower employers urging compliance and strict adherence to safety standards and common-sense practices. OSHA has also created a new Web page targeting the issues surrounding communication tower work. This outreach follows a November 2013 memo to OSHA's compliance officers and regional administrators* mandating increased attention, education and data collection on the industry.

Morlan Enterprises, based in Parkersburg, West Virginia, has 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA's area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

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Lead Exposure: OSHA Cites USA Brass Company Inc. of Bozeman, Mont., for overexposing workers to lead

The U.S. Department of Labor's Occupational Safety and Health Administration has cited USA Brass Company Inc. in Bozeman for 10 serious violations, with $45,500 in proposed penalties, after a May inspection conducted under the agency's national emphasis program for lead found workers overexposed to the metal. The company buys and provides brass for individual reloaders and commercial ammunition manufacturers.

Staff from OSHA's Billings Area Office found serious violations, including failure to conduct initial determinations of worker overexposure to lead; implement engineering and work practice controls to reduce lead exposure; provide workers with adequate respiratory protection and personal protective clothing; prohibit food and beverages from areas with excessive accumulations of lead; and train workers on lead hazards.

"The toxic effects of occupational exposure to lead have been well-known for a long time, but this employer did not have basic safeguards to protect workers against this hazard," said Jeff Funke, the agency's area director in Billings. "Employees exposed to lead must be evaluated to assess exposure levels accurately and, if necessary, implement engineering controls to train and ensure the use of personal protective clothing and equipment, including respirators."

Other serious violations include failing to implement respiratory protection, hearing conservation and hazard communication programs; have adequate housekeeping procedures; perform required medical examinations; and post required signs in hazardous areas. 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.

USA Brass was also cited for one other-than-serious violation for not certifying forklift operators' training and evaluations. 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.

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

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Get the Download on Ladder Safety

Today's post was shared by US Dept. of Labor and comes from The Labor Department’s Occupational Safety and Health Administration is learning how international collaboration and mobile technology can make for a fresh approach to educating employers and vulnerable workers about workplace safety.

Last year, OSHA Director of Construction Jim Maddux delivered a presentation on OSHA’s new campaign to prevent fatal falls at the annual conference of the American Society of Safety Engineers. When he finished, one of the conference leaders rushed over, eager to introduce Maddux to representatives from another agency with a similar mission of stopping falls in construction:

Singapore’s Ministry of Manpower.

Falls are the No. 1 killer in construction in the United States and are a problem in the construction industry worldwide. The Singapore group showed Maddux a number of outreach publications they used to educate workers, employers, supervisors and foremen about how to work safely from heights, including a short English- and Chinese-language pamphlet on ladder safety.

Worker Fatality in Moorestown NJ Leads to OSHA Citation

The U.S. Department of Labor's Occupational Safety and Health Administration has cited American Biltrite Inc. for one repeat and nine serious safety and health violations at its Moorestown facility. An OSHA investigation was initiated in November 2011 following the death of a worker who was crushed in a coating machine while attempting to clear a jam. The company failed to use energy control, or "lockout/tagout," procedures prior to allowing the employee to enter the machine's danger area.

The serious violations include failing to provide a lockout/tagout program for the energy sources of equipment, provide appropriate working space around electrical equipment, provide an eyewash station, ensure that proper equipment guards were in place to prevent workers from coming into contact with moving parts, ensure the proper use of flexible cords, take adequate precautions to prevent the ignition of flammable vapors and require employees to wear goggles when handling corrosive chemicals. 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.

The repeat violation is permitting Class I flammable liquids to be dispensed into containers without the nozzle and the container being electrically connected, which creates the potential for ignition. The company was cited for the same violation in 2010. A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years.

"This company continues to compromise the safety of its workers by disregarding OSHA's safety and health standards," said Paula Dixon-Roderick, director of OSHA's Marlton Area Office. "Employers are responsible for ensuring safe and healthful workplaces, and will be held legally accountable when they fail to do so."

Wellesley Hills, Mass.-based American Biltrite Inc. manufactures and distributes commercial flooring and performance sheet rubber throughout America, and employs 130 workers at the Moorestown site. Proposed penalties total $51,300.

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

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• OSHA cites Newton, NJ, manufacturer for workplace safety and health violations- proposes nearly $49,000 in fines

OSHA cites Newton, NJ, manufacturer for workplace safety and health violations- proposes nearly $49,000 in fines

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The U.S. Department of Labor's Occupational Safety and Health Administration has cited retaining ring manufacturer Schneider & Marquard Inc. for 21 workplace safety and health violations. OSHA initiated an inspection in response to a complaint alleging several workplace hazards at the company's Newton facility. Proposed fines total $48,840.

Three repeat safety violations with $23,760 in penalties involve obstructed exit routes, lack of proper machine guarding and deficient record keeping for power press inspections. A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years. The company was cited for similar violations in 2009.

Twelve serious safety and health violations with $21,120 in penalties involve failing to implement a hearing conservation program that includes noise monitoring, audiometric testing and training; properly mount and identify portable fire extinguishers; provide powered industrial truck training; implement a hazard communication program that includes training; ensure proper use and listing of electrical equipment; ensure compressed air was reduced to 30 pounds per square inch; and ensure proper functioning and maintenance of mechanical power presses. 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.

Six other-than-serious safety violations with $3,960 in penalties involve failing to record workplace injuries and illnesses on the OSHA 300 log. 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.

"These hazards should be immediately addressed to ensure a safe and healthful workplace for employees," said Kris Hoffman, director of OSHA's Parsippany Area Office. "OSHA will continue to hold employers responsible when they violate federal laws."

Schneider & Marquard Inc., which employs about 24 workers at its Newton site, has 15 business days from receipt of the citations to comply, ask for an informal conference with OSHA's area director or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.

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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.

The Bostik Inc. citations are available at http://www.osha.gov/ooc/citations/Bostik_Inc_315298281.pdf andhttp://www.osha.gov/ooc/citations/Bostik_Inc_315298307.pdf.

Detailed information on process safety management is available athttp://www.osha.gov/SLTC/processsafetymanagement/index.html and http://www.osha.gov/pls/publications/publication.athruz?pType=Industry&pID=166.

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.

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