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Showing posts sorted by date for query petroleum. Sort by relevance Show all posts
Showing posts sorted by date for query petroleum. Sort by relevance Show all posts

Saturday, August 27, 2022

NJ Sues Several Companies for Environmental Pollution

Acting Attorney General Matthew J. Platkin and Commissioner of Environmental Protection (DEP) Shawn M. LaTourette announced today the filing of seven new environmental enforcement actions across the state.

Thursday, November 12, 2020

NJ Files Lawsuits Against Two Waterfront Sites for Contamination

As part of the State of New Jersey’s continuing commitment to protect public health and restore natural resources degraded by those who refuse accountability, Attorney General Gurbir S. Grewal and Department of Environmental Protection (DEP) Commissioner Catherine R. McCabe today announced the filing of two lawsuits to compel the clean-up of contamination and recover Natural Resource Damages (NRDs).

Monday, January 18, 2016

Sanders Proposes Universal Health Care: The Path to Federalization


Presidential candidate Bernie Sanders has announced a plan to move forward with a Universal Medical Care program in the US. The concept will absorb the nation's ailing the medical workers' compensation delivery system into a universal care system.

Thursday, June 25, 2015

The Path to Federalization: US Supreme Court Again Validates the Affordable Care Act

The US Supreme Court again affirmed the validity of The Affordable Care Act. The Obamacare program, as it has been nicknamed, will continue to lead to a medical delivery program than eventually will have major repercussions on the antiquated and ineffective medical care system of the existing patch work of state workers' compensation insurance acts.

Tuesday, October 7, 2014

The Economy: German Industrial Output Drops

The economy drives workers' compensation premiums and benefits. Revenue is the blood of the system. Predicting the future is problematic. Several recent news items are indicators of a ponzi scheme: the US wages remain down even though employment supposedly is pre-election and the stable of the European economy is fracturing in Germany. Lower US gas prices signal low demand internationally for petroleum. If the US economy slips yet again, event though interest rates are low and the US Government keeps printing money, the workers' compensation insurance industry maybe headed for big economic trouble. How much more can you trim from the benefit system and still say that it works as efficiently and effectively? Today's post is share from wsj.com/
German industrial output declined sharply in August, data from the country’s economy ministry showed Tuesday, raising fears that German growth in the third quarter will be minimal, if at all.
The figures, the second piece of downbeat economic data from Europe’s largest economy in as many days, showed that factory output in adjusted terms fell 4% on the month—the sharpest decline since 2009.
The fall was well below analysts’ expectations of a 1.5% decline, according to a survey conducted by The Wall Street Journal.
Germany’s economy ministry also reduced its July figure to growth of 1.6% from the 1.9% gain originally reported.
The data came a day after a surprise decline of 5.7% in manufacturing orders for August—also the sharpest since January 2009, when the world was mired in financial crisis. Though orders data don’t translate immediately into production numbers, Monday’s data release amplified concerns about Germany’s growth outlook.
The German economy is “likely to have stagnated at best,” in the third quarter, said Ralph Solveen, an economist at Commerzbank. Following a 0.6% annualized decline in the second quarter, a contraction in the third quarter would meet a common definition for a recession, namely two consecutive quarters of economic decline.
Tuesday’s data were weak across the board, with manufacturing output down 4.8% and construction output down 2.0%. Energy output eked out a...
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Saturday, April 26, 2014

Jury awards Texas family nearly $3 million in fracking case

Fracking in Texas

Today's post was shared by FairWarning and comes from www.latimes.com

In a landmark legal victory that centered on fracking, a middle-class north Texas ranching family won nearly $3 million from a big natural gas company whose drilling, they contend, caused years of sickness, killed pets and livestock, and forced them out of their home for months.

Tuesday's $2.95-million civil verdict by a six-person Dallas jury is thought to be the first of its kind in the nation. Other landowners have sued over drilling and reached settlements, but legal experts think this is the first jury verdict.

Robert and Lisa Parr filed suit against Aruba Petroleum Inc. in 2011, contending that its operations near their land had contaminated the air and harmed their health. Their lawsuit has been closely watched by both critics and supporters of hydraulic fracturing, or fracking, which involves pumping water laced with chemicals into shale formations to unlock trapped oil and gas.

"I am just overwhelmed," Lisa Parr said in a telephone interview Wednesday. "I feel like I am just this little bitty girl, this little family who just beat the biggest, most powerful industry in the world."

Aruba Petroleum, based in Plano, Texas, said it had done nothing wrong and had operated within safe and legal guidelines. "We contended the plaintiffs were neither harmed by the presence of our drilling operations nor was the value of their property diminished because of our natural gas development," Aruba said in a statement.

The company said it would...

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Saturday, April 5, 2014

National Settlement Yields Hundreds of Millions for Superfund Sites in New Jersey and New York; Parties Reach Agreement for More than $4 Billion to Pay for Environmental Cleanups, with More than...

Today's post was shared by US EPA News and comes from yosemite.epa.gov

 

Release Date: 04/03/2014

      (New York, N.Y.) A historic settlement announced today with the Kerr-McGee Corporation and certain of its affiliates (“New Kerr-McGee”), and their parent Anadarko Petroleum Corporation today will greatly benefit environmental cleanups at the Welsbach Superfund site in Gloucester City, New Jersey and the GCL Tie and Treating Superfund site in Sidney, New York, and reimburse the federal government for substantial cleanup costs at the Federal Creosote Superfund site in Manville, New Jersey. The United States has entered into the settlement agreement with the companies in a fraudulent conveyance case brought by the United States and co-plaintiff Anadarko Litigation Trust in the bankruptcy of Tronox Inc.

      The bankruptcy court had previously found, in December 2013, that the historic Kerr-McGee Corporation (“Old Kerr-McGee”) fraudulently conveyed assets to New Kerr-McGee to evade its debts, including its liability for environmental clean-up at contaminated sites around the country. Pursuant to the settlement agreement, the defendants agree to pay $5.15 billion to settle the case, of which approximately $4.4 billion will be paid to fund environmental clean-up and for environmental claims. This is the largest environmental enforcement recovery ever by the Department of Justice.

      “The Superfund program works best when the polluter pays and today the polluter is paying in a very big way,” said EPA Regional Administrator...

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Tuesday, February 25, 2014

Throw The Book At 'Em

There seems to be no limit in the amount of fraudulent conduct that transpires within the workers' compensation system. If employer fraud is not enough, the system is constantly undergoing abuse from business interests, ie. medical provo\iders, who abuse the system. The Federal Governments role in enforcement is ever increasing and expansion is trending wider. The gobal expanssion nationally of a universal program for monitoring and enforcement of medical fraud is encouraging. Today's post is shared from David DePaolo http://daviddepaolo.blogspot.com/

It's a shame that hundreds, if not thousands, of injured workers underwent unnecessary spinal fusion surgeries and must live with the debilitating aftermath of significant disability because of people whose greed overrides the well being of fellow humans.

I had learned about Michael Drobot and Pacific Hospital of Long Beach, and their co-conspirators, preying on workers' compensation patients some time ago.

On Friday though, Federal prosecutors announced that Michael D. Drobot faces up to 10 years in prison after he pleaded guilty to paying kickbacks in a $500 million fraud scheme relating to spinal fusions and admitted to bribing state Sen. Ron Calderon to delay legislation to repeal the separate reimbursement for spinal hardware.

Calderon, D-Montebello, was indicted one day earlier on 24 charges, including bribery, money laundering, wire fraud and filing a false tax return. His brother, former...

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Read more about "Federalization of Workers' Compensation"
Jul 05, 2012
United States Supreme Court has taken a giant leap forward to facilitate the Federalization of the entire nation's workers' compensation system. By it's recent decision, upholding the mandate for insurance care under the ...
Dec 23, 2010
Yesterday the US Congress passed and sent to the President, The World Trade Center Health Program, marking yet another advance on the path to federalize the nation's workers' compensation program. The Federally ...
Jul 05, 2010
The trend toward Federalization of workers' compensation benefits took a giant step forward by recent Presidential action creating the British Petroleum Oil Compensation Fund. While the details remain vague, the broad and ...
Jun 14, 2012
Yesterday the US Congress passed and sent to the President, The World Trade Center Health Program, marking yet another advance on the path to federalize the nation's workers' compensation program. The Federally .


Friday, January 3, 2014

North Dakota blast prompts review of oil train safety

A federal safety alert Thursday warned that crude oil flowing out of new fields in North Dakota may be more flammable than expected, a caution that comes several days after a train carrying about 3.5 million gallons of the same oil crashed in the state and set off a massive explosion.
The accident on the BNSF Railway, the fourth such explosion in North America involving crude oil trains, has fed mounting concerns over public safety as the rail industry sharply increases the use of rail to transport surging crude production in North Dakota, Texas and Colorado.
Following the latest derailment and crash, which forced the evacuation of more than 1,000 residents from the town of Casselton, the National Transportation Safety Board has launched the nation's first broad examination of the safety of moving petroleum by rail.
Trains carrying oil have multiplied across the country as environmental concerns and political maneuvering have delayed approval of a major new pipeline to transport oil to Gulf Coast refineries. The issue may be most crucial for cities in the West, which were often founded and developed by railroads so that main lines go directly through the centers of today's urban areas.
Crude oil shipments by rail have shot up 25-fold in the last several years as producers rush oil from newly developing shale fields to market. California alone has seen a fourfold increase over the last year, with current shipments of about 200,000 barrels a month.
Refinery operators this...
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Friday, November 1, 2013

Canadian Pipeline Incidents Have Doubled In The Past Decade

Today's post was shared by Huffington Post and comes from www.huffingtonpost.com


Oct 28 (Reuters) - The rate of safety-related incidents on federally regulated pipelines in Canada doubled over the last decade, while the rate of reported spills and leaks was up threefold, according to an investigative report by Canada's national broadcaster.

The total number of incidents, which included everything from spills to fires, swelled from 45 in 2000 to 142 in 2011, the CBC reported on Monday, citing data from the National Energy Board (NEB) obtained through access-to-information requests.

That translated to a doubling from one incident for every 1,000 km (620 miles) of federally-regulated pipeline in 2000, to two in 2011.

The CBC investigation also found that the rate of product reported releases - spills and leaks - rose threefold, from four releases for every 10,000 km in 2000, to 13 in 2011.

The NEB regulates all pipelines that cross provincial or international borders, but does not monitor smaller pipelines that are only in a single province.

The safety of shipping petroleum products via pipelines has become a hot topic in recent years, with companies like Enbridge Inc and TransCanada Corp developing major new projects to move crude from Canada's oil sands to markets in the United States and Asia.

Opponents say a pipeline leak can cause catastrophic environmental damage and often cite a 2010 incident where an Enbridge pipeline carrying crude from Alberta ruptured, spilling huge amounts of oil into the Kalamazoo River in Michigan.

But pipeline companies say their...
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Monday, September 23, 2013

Tribunal finds Chevron not liable for environmental claims in Ecuador

Today's post was shared by Legal Newsline and comes from legalnewsline.com


Chevron Corp. announced Wednesday that an international arbitration tribunal has found the company not liable for environmental claims in Ecuador.

The tribunal is convened under the authority of the U.S.-Ecuador Bilateral Investment Treaty, also known as the BIT, and administered by the Permanent Court of Arbitration.

The PCA, located in The Hague, Netherlands, administers cases arising out of international treaties and other agreements to arbitrate.
On Tuesday, the tribunal issued a partial award in favor of Chevron and its subsidiary, Texaco Petroleum Company, or TexPet.

The tribunal found that the settlement and release agreements that the government of Ecuador entered into with TexPet released TexPet and its affiliates of any liability for all public interest or collective environmental claims.

The arbitration stems from Ecuador’s interference in the ongoing environmental lawsuit against the company.

“The game is up. This award by an eminent international tribunal confirms that the fraudulent claims against Chevron should not have been brought in the first place,” Hewitt Pate, Chevron’s vice president and general counsel, said in a statement. “It is now beyond question that efforts by American plaintiffs lawyers and the government of Ecuador to enforce this fraudulent judgment violate Ecuadorian, U.S. and international law.

“Continuing to support this fraud only increases the government of...
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Friday, August 9, 2013

BP ordered to pay $130 million to oil spill claims administrator

Today's post was shared by JURIST and comes from jurist.org

[JURIST] Judge Sally Shushan of the US District Court for the Eastern District of Louisiana [official website] on Wednesday ordered British Petroleum (BP) [corporate website] to pay the third quarter and some fourth quarter expenses for the gulf oil spill claim administration program [official website website]. The budget and fees for the program totaled over $130 million. This order comes as the FBI esearches allegations by BP that the disbursement process has been corrupted. Although Shushan acknowledged that BP raised legitimate concerns about claims administrators approving false filings for a percentage of the payouts, she concluded that the program could not be halted on short notice based on the allegations alone. Although BP appealed immediately, US District Judge Carl Barbier, who is overseeing the spill litigation, upheld the decision within hours. The claim administration program is expected to continue operations while the court-appointed administrator and several former employees are investigated for fraud [FBI summary].

The 2010 Deepwater Horizon oil spill [JURIST news archive] in the Gulf of Mexico is one of the largest commercial disasters in modern history, and was responsible for the destruction of protected wildlife habitats that are still under reconstruction to this day. Two weeks ago, the US Department of Justice (DOJ) [official website] announced that Halliburton Energy Services [corporate website; JURIST news archive] agreed to plead guilty to...

[Click here to see the rest of this article]

Friday, May 24, 2013

Cancer Alley: NJ Meadowlands to be Tested for Cancer Causing Substances

The area around the NJ Turnpike has long been called "Cancer Alley," the the US EPA is now going to investigate past dumping of cancer causing substances in the New Jersey Meadowlands near the Hackensack River.

The U.S. Environmental Protection Agency today announced a legal agreement with

Apogent Transition Corp., Beazer East, Inc., Cooper Industries, LLC and Occidental Chemical Corporation to conduct a study of the contamination at the Standard Chlorine Chemical Company, Inc. Superfund site in Kearny, New Jersey as part of the cleanup plan for the site. The site, which is in the New Jersey Meadowlands and is next to the Hackensack River, is contaminated with a number of hazardous chemicals including polychlorinated biphenyls (PCBs) and dioxin. The study of the nature and extent of the contamination and an evaluation of potential cleanup methods are essential steps in the cleanup process. The estimated value of the study work is $750,000. The companies will also pay for the EPA’s costs in overseeing the performance of the study.

Fish consumption advisories have been issued for the Hackensack River due to the PCBs and dioxin contamination, originating in part from the Standard Chlorine site. PCBs are likely cancer causing chemicals and can have serious neurological effects. Exposure to dioxin can also result in serious health effects, including cancer.

“This agreement marks an important step in the cleanup of the Standard Chlorine Chemical site,” said EPA Regional Administrator Judith A. Enck. “Today’s agreement illustrates how the Superfund law works to make polluters, not taxpayers, pay to clean up sites like this one.”

The 25-acre site was formerly used for chemical manufacturing by various companies from the early 1900s to the 1990s. Operations at the site included the refinement of naphthalene for use in the production of certain industrial products, the processing of liquid petroleum naphthalene and the manufacturing of lead-acid batteries, drain-cleaner products and the packing of dichlorobenzene products. The soil, ground water and two lagoons were contaminated with dioxin, benzene, naphthalene, PCBs and volatile organic compounds. The site was originally littered with tanks and drums containing hazardous substances including dioxin and asbestos. Prior to placement on the Superfund list, the New Jersey Department of Environmental Protection sampled and studied the site and partially cleaned it up along with instituting measures to contain the pollution in the short-term. At the request of the NJDEP, the EPA added the site to the Superfund list in September 2007.

Friday, May 17, 2013

Obamacare Will Be Collecting Workers' Compensation Medical Records

The implementation of Affordable Care Act data collection regulations will include the collection of medical information concerning work related accidents and injuries.  The coalition of this information will broadly advance the concept of universal medical care and impose yet another route for the Centers for Medicare and Medicare to strengthen enforcement under the Medicare Secondary Payer Act.

The largest and most expansive database of personalized medical information is being established under the umbrella of an newly created unit under the authority granted to the Internal Revenue Service, The Federal Data Services Hub. Personal medical records, including electronic medical records, will be incorporated into the program. 

"On March 23, 2010, the President signed into law the Patient Protection and Affordable Care Act 
(P.L. 111-148). On March 30, 2010, the Health Care and Education Reconciliation Act of 2010 
(P.L. 111-152) was signed into law. The two laws are collectively referred to as the Affordable 
Care Act. The Affordable Care Act creates new competitive private health insurance markets –
called Exchanges – that will give millions of Americans and small businesses access to 
affordable coverage and the same insurance choices members of Congress will have. Exchanges 
will help individuals and small employers shop for, select, and enroll in high quality, affordable 
private health plans that fit their needs at competitive prices. The IT systems will support a 
simple and seamless identification of people who qualify for coverage through the Exchange, tax 
credits, cost-sharing reductions, Medicaid, and CHIP programs. By providing a place for onestop shopping, Exchanges will make purchasing health insurance easier and more understandable 
and will put greater control and more choice in the hands of individuals and small businesses."

Read more about "Federalization" and workers' compensation:

Friday, November 30, 2012

OSHA cites Mississippi Phosphates for 40 safety and health violations following 2 worker fatalities

The U.S. Department of Labor's Occupational Safety and Health Administration has cited Mississippi Phosphates Corp. with 40 safety and health violations following the deaths of two workers in separate incidents at the company's Pascagoula facilities. The fatalities led to comprehensive inspections by OSHA.

On May 22, an operator attempting to start up a steam turbine in sulfuric acid plant No. 2 was struck by flying metal debris when the turbine housing ruptured due to apparent overpressurization. In a similar incident on June 1, an operator restarting a tripped steam turbine in sulfuric acid plant No. 3 also was killed by flying metal debris when the turbine housing ruptured due to overpressurization.

OSHA has cited the company for three serious safety violations related to the fatalities, including exposing workers to "struck-by" hazards by not protecting them against overpressurization, and failing to maintain and service equipment in accordance with the company's maintenance program to prevent overpressurization.

An additional 23 serious safety violations involve failing to test and inspect pressure relief devices throughout the facility, provide handrails on fixed stairways, guard floor holes that could cause workers to trip and fall, provide fixed stairs to access tank gauging, address engineering controls during a process hazard analysis, and guard belt roller nip points, horizontal shafts, rotating shafts and horizontal V-belts. The violations also include various electrical hazards such as exposing workers to shocks, missing panel knockouts, broken face plates, unguarded light bulbs and an open ground in an outlet circuit.

Ten serious health violations involve failing to conduct an initial process hazard analysis, update the process hazard analysis every five years, conduct compliance audits for process safety management and determine the presence of asbestos prior to working on equipment, as well as to label hazardous substances such as caustic soda, acid and petroleum products that are used throughout the facility. 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.

One repeat health violation has been cited for a lack of housekeeping. 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 facility in federal enforcement states within the last five years. A similar violation was cited in May 2009.

Three other-than-serious safety violations are failing to mount a fire extinguisher so it is readily available, not labeling circuit breakers, and using flexible cords and equipment cables that do not have strain relief. 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.

"Employers need to be proactive to ensure that all operating equipment is properly maintained and functional," said Clyde Payne, director of OSHA's Jackson Area Office. "Had this employer done so, these tragic events could have been prevented."
Mississippi Phosphates is a producer and marketer of diammonium phosphate, which is used as a fertilizer. The company's manufacturing facilities consist of two sulfuric acid plants, a phosphoric acid plant and diammonium phosphate granulation plant.
The citations for the serious and repeat violations carry total proposed penalties of $165,900. The citations for the other-than-serious violations do not carry monetary penalties. All citations can be viewed at
The company has 15 business days from receipt of the citations and penalties to comply, request an informal conference with the OSHA area director or contest the findings before the independent Occupational Safety and Health Review Commission.
To ask questions, obtain compliance assistance, file a complaint, or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742) or the agency's Jackson office at 601-965-4606.

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.

Read more about OSHA


Nov 08, 2012
"Falls are the leading cause of death for workers in residential construction," said Brian Sturtecky, OSHA's area director in Jacksonville. "Employers must take responsibility for ensuring that workers have and wear proper ...
Nov 05, 2012
"Storm recovery workers are working around the clock to clean up areas impacted by the storm," said Robert Kulick, OSHA's New York regional administrator. "We want to make sure that workers are aware of the hazards ...
Sep 21, 2012
Forklift injuries produce serious workers' compensation claims, so it is no surprise that the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) is acutely concerned about forklift safety rule ...
Sep 14, 2012
"Asbestos is an extremely hazardous material that can potentially cause lifelong, irreversible health conditions," said John Hermanson, OSHA's regional administrator in Dallas. "It is imperative that OSHA's safety and health ...



Tuesday, October 2, 2012

OSHA cites manager of Nassau Veterans Memorial Coliseum on Long Island for asbestos and other hazards


SMG @ Nassau Coliseum faces $88,000 in proposed fines
The U.S. Department of Labor's Occupational Safety and Health Administration has cited SMG @ Nassau Coliseum LLC, doing business as SMG, with 16 alleged serious violations of workplace health and safety standards. The company, which manages the day-to-day operations of the Nassau Veterans Memorial Coliseum on Long Island, faces a total of $88,000 in proposed fines for asbestos, electrical, chemical and other hazards facing workers at the coliseum.

OSHA's Long Island Area Office opened an inspection in response to an employee complaint. Investigators found that maintenance workers and electricians were exposed to asbestos or materials potentially containing asbestos while working in various locations – including the coliseum's ice plant, catwalks and a loading dock – and that SMG did not take adequate steps to address the hazards. These conditions occurred in areas not accessible to the general public.

Specifically, SMG did not identify the presence, location and quantity of materials containing or potentially containing asbestos, use engineering controls and work practices to reduce exposure levels, ensure that all Class III asbestos work (such as repair and maintenance operations where materials presumed to contain asbestos are disturbed) was conducted in regulated areas, ensure proper respirator use, post warning signs and provide asbestos awareness training for workers.

"Inhalation of asbestos fibers can lead to lung disease and cancer. That's why it is imperative that this employer take effective action to identify and minimize asbestos hazards and ensure that workers are protected against exposure," said Anthony Ciuffo, OSHA's Long Island area director.

In addition, OSHA found inadequately lighted exit routes, inoperable emergency lighting, lights not guarded against damage, defective forklifts, unsecured liquefied petroleum gas containers, electrical circuits not locked out and unguarded open-sided floors. The company also failed to provide workers with bloodborne pathogen and chemical hazard communication training. Finally, the company failed to develop procedures and provide hardware to lock out power sources to prevent the unintended activation of machinery. 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.

"A key means of preventing hazards such as these is for employers to establish and maintain effective illness and injury prevention programs in which they work with their employees to proactively identify and eliminate hazards," said Robert Kulick, OSHA's regional administrator in New York.

Asbestos is the name given to a group of naturally occurring minerals that are resistant to heat and corrosion. Asbestos has been used as insulation for pipes, floor tiles and building materials, and in vehicle brakes and clutches. Breathing asbestos fibers can cause a buildup of scar-like tissue in the lungs called asbestosis, which can result in a loss of lung function that often progresses to disability or death. Asbestos also causes lung cancer and other diseases such as mesothelioma of the pleura, which is a fatal malignant tumor of the membrane that lines the cavity of the lung or stomach. Detailed information on asbestos hazards and safeguards, including an asbestos self-inspection checklist, is available online at http://www.osha.gov/SLTC/asbestos/index.html.

SMG 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.

To ask questions, obtain compliance assistance, file a complaint, or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742) or the agency's Long Island office in Westbury at 516-334-3344.

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.

....
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 work related accident and injuries.

More about asbestos
Sep 14, 2012
"Asbestos is an extremely hazardous material that can potentially cause lifelong, irreversible health conditions," said John Hermanson, OSHA's regional administrator in Dallas. "It is imperative that OSHA's safety and health ...
Sep 15, 2012
Canada's Industry Minister announced yesterday that the country would finally concede to international pressure and label asbestos that it exports as a health hazard. Now Canada, and the United States, need to take the next ...
Sep 04, 2012
The Canadian Journal of Medicine had also endorsed a ban on Canadian asbestos production. "Canada's government must put an end to this death-dealing charade. Canada must immediately drop its opposition to placing .
Jul 20, 2012
An increased risk of developing asbestos related disease, including mesothelioma, was identified in a recent study. Asbestos exposure has caused an epidemic of claims for workers' compensation benefits in the United ...


Saturday, August 4, 2012

OSHA Sanctions Chicago Company With $325,700 in Fines for Safety Violations


OSHA cites A. Finkl & Sons in Chicago for 26 safety violations, including failing to maintain cranes and places the company into the Severe Violator Enforcement Program.


The U.S. Department of Labor's Occupational Safety and Health Administration has cited specialty metal forgings producer A. Finkl & Sons Co. with 26 safety violations at the company's Chicago facility, including two willful violations that involve failing to provide fall protection around open pits and rectify multiple hazards found in crane inspections. Proposed penalties total $352,700.

OSHA initiated an inspection in February after receiving a complaint alleging that cranes used in the facility were in disrepair, including having malfunctioning hoisting brakes, and that powered industrial trucks were being operated by untrained workers.

Specifically, the willful violations are failing to ensure that open pits are guarded by standard railings and/or covers to protect employees from falling in, and failing to correct deficiencies identified by crane inspections such as missing bolts, inoperable radio controls, and problems with bridges, trolleys and main hoist brakes. 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.

Twenty-two serious violations involve failing to install hoist guards on industrial cranes, ensure that independent hoisting units on all cranes that handle hot metal have at least two holding brakes, ensure that all crane trolleys and bridges are equipped with brakes that have ample thermal capacity for the equipment's frequency of operation and which prevent the impairment of functions due to overheating, ensure that a thorough inspection of all crane ropes is completed, ensure that loads are lifted in a manner to prevent swinging on cranes and have a responsible person on-site with knowledge of cranes. Other violations include failing to ensure that ladders are placed in a manner that provides secure footing for workers, store liquefied petroleum gas containers away from stairways or other exit areas, adequately outline the rules for lockout/tagout procedures, guard live electrical parts over 50 volts, protect electrical conductors entering boxes from abrasion, and visually inspect portable plug- and cord-connected equipment for defects. 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.

One repeat violation involves failing to ensure that powered industrial trucks are examined prior to being placed into service as well as keep the trucks in a clean condition, free from lint, excess oil and grease. 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. A similar violation was cited in 2006 at the same facility.

One other-than-serious violation is failing to create, certify and post the OSHA 300A summary log of injuries and illnesses or an equivalent form for the year 2011 by Feb. 1, 2012. 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.

"A. Finkl & Sons Co. has demonstrated a blatant disregard for the safety of its employees. When employers fail in their responsibility to provide a safe workplace, OSHA will take all necessary action to protect workers on the job," said Nick Walters, OSHA's regional administrator in Chicago.

Due to the willful and repeat violations and the nature of the hazards, OSHA has placed A. Finkl & Sons Co. in the agency's Severe Violator Enforcement Program, which mandates targeted follow-up inspections to ensure compliance with the law. The program focuses on recalcitrant employers that endanger workers by committing willful, repeat or failure-to-abate violations. For more information about the program, visit http://s.dol.gov/J3.

The company previously has been inspected by OSHA 24 times since 1970, with 17 inspections resulting in citations for various violations. The two most recent previous inspections, in 2006 and 2007, resulted in citations for willful and repeat violations related to fire and fall hazards.

The citations can be viewed at http://www.osha.gov/ooc/citations/AFinklandSons_191122.pdf.

A. Finkl & Sons Co. employs 398 workers at its Chicago plant. The company 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.

More articles about OSHA
Jul 21, 2012
"What we found at this work site were hazards unacceptably similar to those cited during prior inspections at the employer's other sites," said Diana Cortez, OSHA's area director in Tarrytown. "It's clear that this employer must...
Jun 27, 2012
A finding of a willful OSHA violation is not conclusive in determining whether the employer committed an intentional wrong for the purposes of the Workers' Compensation Act. Instead, it is one factor among the totality of ...
Jun 13, 2012
"This employer knowingly put workers at risk of injury or death by failing to implement well-recognized measures that would protect employees from physical assaults by inmates," said Clyde Payne, OSHA's area director in ...
Jul 07, 2012
"Regarding the importance and effectiveness of OSHA's enforcement programs, recent studies confirm the effectiveness of enforcement in ensuring the safety and health of workers. We were very heartened by research from ...