Copyright

(c) 2010-2024 Jon L Gelman, All Rights Reserved.
Showing posts sorted by relevance for query osha. Sort by date Show all posts
Showing posts sorted by relevance for query osha. Sort by date Show all posts

Thursday, January 10, 2013

OSHA posts results of sampling for contaminants at Sandy cleanup areas in New York and New Jersey


Employers reminded they must protect their workers from exposure to health hazards

The U.S. Department of Labor's Occupational Safety and Health Administration has posted results of its initial industrial hygiene sampling of locations in New York and New Jersey where recovery work in connection with Hurricane Sandy is being performed. The results are posted on OSHA's website at: http://www.osha.gov/sandy/sample_results.html.

The purpose of the sampling is to measure potential or actual employee exposure to potential health hazards during recovery operations. Sampling was conducted in a variety of locations throughout the storm affected areas. The results of this first round of sampling show that while some contaminants were present, such as carbon monoxide, asbestos and silica, they have so far not exceeded any of OSHA's Permissible Exposure Limits, which can be found at: http://www.osha.gov/dsg/topics/pel/index.html.

"These initial results should not be taken by employers as an "all clear" signal regarding potential exposure to health hazards," said Robert Kulick, OSHA's regional administrator in New York. "It is important that each employer continually ensure that workers are not overexposed. Employers can accomplish this by performing site assessments to determine potential hazards and institute effective measures to protect workers against exposure to toxic substances such as asbestos, lead and mold."

OSHA will continue to conduct industrial hygiene monitoring on a rotating basis at various locations where recovery work is being performed. The results will be posted on OSHA's website. The monitoring is one element of OSHA's ongoing efforts to protect the safety and health of workers cleaning up after Sandy.

Since the storm struck, OSHA has been conducting daily briefings, safety and health field interventions and other outreach activities to identify and remove employees from hazards and to provide Sandy cleanup workers and employers with safety and health information. To date, OSHA has conducted over 4,400 briefings and interventions, reaching nearly 61,000 workers and employers performing recovery work in Sandy-impacted areas. OSHA's work is ongoing. Guidance, fact sheets and other information can be found on OSHA's Hurricane Sandy web page, located at www.osha.gov/sandy/.

Saturday, July 7, 2012

OSHA Saves Lives & Reduces Workers Compensation Costs 26%


Statement of Jordan Barab
Deputy Assistant Secretary for
Occupational Safety and Health
U.S. Department of Labor
Before the
Subcommittee on Workforce Protections
Committee on Education and the Workforce
U.S. House of Representatives
June 28, 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 Michael Toffel and David Levine, business school economists at Harvard University and the University of California, respectively, which demonstrates OSHA workplace inspections not only improve safety, but also save billions of dollars for employers through reduced workers' compensation costs. The study, entitled "Randomized Government Safety Inspections Reduce Worker Injuries with No Detectable Job Loss1," reports that companies subject to random inspections by CAL/OSHA showed a 9.4 percent decrease in injury rates compared with uninspected firms in the four years following the inspection. With no evidence of a negative impact on jobs, employment, or profitability of the inspected firms, the decrease in injuries led to a 26 percent reduction in workers' compensation costs – translating to an average savings of $350,000 per company. Savings were observed among both small and large employers, and, if extrapolated to the full, nation-wide extent of OSHA inspection activities, would amount to savings of roughly $6 billion nationwide. These findings lend support to our belief that OSHA regulatory enforcement save lives while reducing workers' compensation costs for American businesses."


....
For over 3 decades the Law Offices of Jon L. Gelman1.973.696.7900jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.


More Blog Postings About OSHA
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 21, 2012
Transportation injuries at work lead the list of industrial accidents and OSHA is now enforcing safety procedures to hopefully reduce trucking injuries. Historically the trucking and transportation industry has take a "hard line" ...
Jun 19, 2012
Three concurrent investigations were completed by OSHA's offices in Columbia, S.C.; Nashville, Tenn.; and Harrisburg, Pa. The investigations revealed reasonable cause to believe that the employees' reporting of their ...
Jun 11, 2012
"This company is risking worker injury and possible death by failing to provide proper fall protection," said Kris Hoffman, director of OSHA's Parsippany Area Office, which conducted the inspection. "Employers need to know ...


Friday, January 3, 2014

OSHA announces proposed new rule to improve tracking of workplace injuries and illnesses

"Three million injuries are three million too many," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "With the changes being proposed in this rule, employers, employees, the government and researchers will have better access to data that will encourage earlier abatement of hazards and result in improved programs to reduce workplace hazards and prevent injuries, illnesses and fatalities. The proposal does not add any new requirement to keep records; it only modifies an employer's obligation to transmit these records to OSHA."The Occupational Safety and Health Administration today issued a proposed rule to improve workplace safety and health through improved tracking of workplace injuries and illnesses. The announcement follows the Bureau of Labor Statistics' release of its annual Occupational Injuries and Illnesses report, which estimates that three million workers were injured on the job in 2012.

The public will have 90 days, through Feb. 6, 2014, to submit written comments on the proposed rule. On Jan. 9, 2014, OSHA will hold a public meeting on the proposed rule in Washington, D.C. A Federal Register notice announcing the public meeting will be published shortly.OSHA is also proposing that establishments with 20 or more employees, in certain industries with high injury and illness rates, be required to submit electronically only their summary of work-related injuries and illnesses to OSHA once a year. Currently, many such firms report this information to OSHA under OSHA's Data Initiative.The proposed rule was developed following a series of stakeholder meetings in 2010 to help OSHA gather information about electronic submission of establishment-specific injury and illness data. OSHA is proposing to amend its current recordkeeping regulations to add requirements for the electronic submission of injury and illness information employers are already required to keep under existing standards, Part 1904. The first proposed new requirement is for establishments with more than 250 employees (and who are already required to keep records) to electronically submit the records on a quarterly basis to OSHA.

OSHA plans to eventually post the data online, as encouraged by President Obama's Open Government Initiative. Timely, establishment-specific injury and illness data will help OSHA target its compliance assistance and enforcement resources more effectively by identifying workplaces where workers are at greater risk, and enable employers to compare their injury rates with others in the same industry. Additional information on the proposed rule can be found athttp://www.dol.gov/find/20131107/ and http://www.osha.gov/recordkeeping/proposed_data_form.html.

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 www.osha.gov.

Friday, July 25, 2014

United Airlines cited at Newark, N.J., airport for repeat and serious safety hazards


Company faces $101,300 penalty following OSHA inspection
United Airlines Inc. has exposed ground operation workers at the Newark airport to hazardous conditions, prompting the U.S. Department of Labor"s Occupational Safety and Health Administration to issue 16 citations and propose penalties of $101,300.
The safety violations were found during a January 2014 inspection that is part of an OSHA effort to focus on workplaces with high rates of injuries and illness. The inspection found three repeat violations that had been discovered by OSHA during inspections in 2011 and 2013.
"United Airlines should immediately address these safety violations to prevent worker injuries and ensure a safe workplace," said Kris Hoffman, director of OSHA"s Parsippany Area Office. "These workers face electrical hazards, falls, and being struck-by objects and equipment daily. Their safety is critical. Airline ground operations safety is of vital importance, not only to the workers, but to the millions of Americans who depend on air travel every day."
Carrying a $55,000 penalty, the repeat violations were cited for United Continental Holdings Inc."s failing to clearly mark exits located inside facilities where food service employees, baggage handlers and gate agents worked; keep unused openings closed on an electrical box where conduit or knockout plugs were located; and use extension cords as a substitute for required permanent wiring at Newark Liberty International Airport. A repeat violation exists when an employer previously has been cited for the same or a similar violation at any other facility in federal enforcement states within the last five years.
The company was cited for nine serious violations, with a $46,300 penalty, including exposing aircraft mechanics to fall hazards while working from a ground support vehicle and struck-by hazards by storing materials, such as aircraft parts including landing gear tires and aircraft struts and fasteners, on storage racks, which were damaged and not anchored. United Airlines also failed to:
  • Properly guard equipment, store materials and dispose of waste materials.
  • Ensure exits were unobstructed and wide enough and place directional signs in areas where exits were not apparent.
  • Ensure employees operating tugs to transport luggage used seat belts.
  • Use power strips according to manufacturer"s recommendations.
  • Use ladders for purposes intended by the manufacturer, and remove damaged ladders from service.
A serious citation is issued when there is substantial probability that death or serious physical harm could result and the employer knew, or should have known, of the hazard.
Three other safety violations involved failing to maintain clean and orderly work areas, and not providing fire extinguisher training for ground operation workers and welders. Additionally, powered industrial trucks in need of repair were not taken out of service, and placards on the trucks were illegible.
For more information on safety and health in the airline industry, visit https://www.osha.gov/SLTC/airline_industry/index.html
United Airlines has 15 business days from receipt of its citations and penalties 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.
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 Parsippany Area Office at 973-263-1003.
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.
….

Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thompson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson-Reuters). For over 4 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.

Friday, March 5, 2010

OSHA is Listening

The Occupational Safety and Health Administration (OSHA) is soliciting suggestions and comments concerning workplace safety. OSHA's concern is that, "No one should have to be injured or killed for a paycheck."


The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) held a public meeting, "OSHA Listens," to solicit comments and suggestions from OSHA stakeholders on key issues facing the agency. The meeting was scheduled for Feb. 10 from 9 a.m. to 5 p.m. EST in Washington, D.C.

"Public involvement in the government's activities is a priority for this administration and is important to enhancing OSHA efforts to protect the safety and health of workers," said Assistant Secretary of Labor for OSHA Dr. David Michaels. "This public meeting gives us an opportunity to hear your ideas, suggestions and comments on key issues facing this agency."

Some of the questions OSHA invited public input on included:
  1. What can the agency do to enhance and encourage the efforts of employers, workers and unions to identify and address workplace hazards?
  2. What are the most important emerging or unaddressed health and safety issues in the workplace, and what can OSHA do to address these?
  3. How can the agency improve its efforts to engage stakeholders in programs and initiatives?
  4. What specific actions can the agency take to enhance the voice of workers in the workplace, particularly workers who are hard to reach, do not have ready access to information about hazards or their rights, or are afraid to exercise their rights?
  5. Are there additional measures to improve the effectiveness of the agency's current compliance assistance efforts and the on site consultation program, to ensure that small businesses have the information needed to provide safe workplaces?
  6. Given the length and difficulty of the current OSHA rulemaking process, and given the need for new standards that will protect workers from unaddressed, inadequately addressed and emerging hazards, are there policies and procedures that will decrease the time to issue final standards so that OSHA may implement needed protections in a timely manner?
  7. As we continue to progress through a new information age vastly different from the environment in which OSHA was created, what new mechanisms or tools can the agency use to more effectively reach high risk employees and employers with training, education and outreach? What is OSHA doing now that may no longer be necessary?
  8. Are there indicators, other than worksite injuries and illness logs, that OSHA can use to enhance resource targeting?
  9. In the late 1980s, OSHA and its stakeholders worked together to update the Permissible Exposure Limits (PELs) (exposure limits for hazardous substances; most adopted in 1971), but the effort was unsuccessful. Should updating the PELs be a priority for the agency? Are there suggestions for ways to update the PELs, or other ways to control workplace chemical exposures?
After a written comment period closes on March 30, 2010, a link to the Meeting Transcript will be posted on the Internet. Comments received through March 3rd are now available on line.


Meeting Agenda

9 a.m.  Welcome and Introductory Comments
   David Michaels, Assistant Secretary, OSHA
   Deborah Berkowitz, Chief of Staff, OSHA
9:10-9:50 Panel 1
   Tonya Ford, Uncle killed at ADM facility in 2009
   Katherine Rodriguez, Father killed at British Petroleum in 2004
   Wanda Morillo, Husband killed in a NJ industrial explosion in 2005
   Celeste Monforton, American Public Health Association
   Linda Reinstein, Asbestos Disease Awareness Organization
9:50-10:30 Panel 2
   Marc Freedman, U.S. Chamber of Commerce
   Keith Smith, National Association of Manufacturers
   Frank White, ORC
   Stephen Sandherr, Association of General Contractors
10:30-10:40 Break
10:40-11:20 Panel 3
   Workers United
   Peg Seminario, AFL-CIO
   Scott Schneider, Laborers' Health and Safety Fund
   Mike Wright, United Steel Workers
11:20-11:50 Panel 4
   Chris Patton, American Society for Safety Engineers
   Katharine Kirkland, Association of Occupational and Environmental Clinics
   Aaron Trippler, American Industrial Hygiene Association
11:50-12:30 Panel 5
   Kathleen McPhaul, American Public Health Association, Univ. of Maryland Nursing
   Hestor Lipscomb, Duke University Medical School
   Rick Neitzel, National Hearing Conservation Association
   Matt Schudtz, University of Maryland Law School
12:30-1:30 Lunch
1:30-2:00 Panel 6
   Karen Harned, Nat'l Federation of Independent Business, Small Business Legal Center
   Cynthia Hilton, Institute of Makers of Explosives
   Thomas Slavin, Navistar, Inc.
2:00-2:30 Panel 7
   Andrew Youpel, Brandenburg Industrial Service Company
   Robert Matuga, National Association of Home Builders
   Tom Broderick, Construction Safety Council
2:30-3:00  Panel 8
   Don Villarejo, California Institute for Rural Studies
   Luzdary Giraldo, NY Committee for Occupational Safety and Health
   Roger Cook/Peter Dooley, Western NY Council on Occupational Safety and Health
3:00-3:40 Panel 9
   Rick Engler, NJ Work Environmental Council
   Tom O'Connor, National Council for Occupational Safety and Health
   Norman Pflanz, Nebraska Appleseed Center for Law
   Chris Trahan, Building and Construction Trades Department
3:40-3:50 Break
3:50-4:10 Panel 10
   John Masarick, Independent Electrical Contractors
   Davis Layne, VPPPA
4:10-4:40 Panel 11
   Bruce Lapham, Valcourt Building Services, LC
   Scott A. Mugno, FedEx Express
   Marc Kolanz, Brush Wellman Inc.
4:40-5:10 Panel 12
   Pamela Vossenas, Unite Here! International
   John Morawetz, International Chemical Workers Union Council
   Dinkar Mokadam, Association of Flight Attendants-CWA
5:10-5:50 Panel 13
   Rick Inclima, International Brotherhood of Teamsters
   Jason Zuckerman, Employment Law Group
   Richard Renner, National Whistleblowers Center
   Tim Sharp, Alaska Review Board & Laborer's Council
Click here to read more about OSHA and workers' compensation.

Friday, November 1, 2013

OSHA releases new resources to better protect workers from hazardous chemicals

Each year in the United States, tens of thousands of workers are made sick or die from occupational exposures to the thousands of hazardous chemicals that are used in workplaces every day. The U.S. Department of Labor's Occupational Safety and Health Administration today launched two new web resources to assist companies with keeping their workers safe.

While many chemicals are suspected of being harmful, OSHA's exposure standards are out-of-date and inadequately protective for the small number of chemicals that are regulated in the workplace. The first resource OSHA has created is a toolkit to identify safer chemicals that can be used in place of more hazardous ones. This toolkit walks employers and workers step-by-step through information, methods,
tools and guidance to either eliminate hazardous chemicals or make informed substitution decisions in the workplace by finding a safer chemical, material, product or process. The toolkit is available at http://www.osha.gov/dsg/safer_chemicals/index.html.

"We know that the most efficient and effective way to protect workers from hazardous chemicals is by eliminating or replacing those chemicals with safer alternatives whenever possible," said Dr. David Michaels, assistant secretary of labor for occupational safety and health.

Wednesday, March 17, 2010

Legislation Introduced to Reform OSHA to Make the Workplace Safer


Congresswoman Dina Titus of Nevada’s Third District introduced the Ensuring Worker Safety Act  (H.R. 4864) this morning.  The legislation aims to protect workers by assuring that state OSHA plans are at least as effective as federal standards and enforcement, while protecting states’ rights by giving OSHA additional options when a state plan is found to be underperforming.
“The tragic deaths of numerous workers in Southern Nevada highlighted the need to ensure that state OSHA plans are doing their job of protecting workers,” Congresswoman Titus said.  “Unfortunately under current law, federal OSHA is left with only two options, both at the extreme end of the spectrum, when it finds state plans that are ineffective.  This legislation provides OSHA with an important middle ground so it is not left with the choice of doing nothing or the drastic step of terminating a state plan. ”
The Occupational Safety and Health Act of 1970 sets out a federal-state framework for workplace safety and health.  Under existing law, states may either apply to the federal Department of Labor to operate their own state health and safety program or remain under federal OSHA authority.  To be approved, states must demonstrate that their program standards and enforcement are “at least as effective” as federal OSHA.  Currently, there are 22 states and territories, including Nevada, where health and safety enforcement is done by state health and safety programs.
Once federal OSHA issues final approval for a state plan, OSHA is extremely limited in its authority to hold state plans accountable.  If OSHA determines that an approved state plan is not “at least as effective as” federal standards and enforcement, its only recourse to compel changes to an underperforming program is to terminate the state plan, a drastic step that would remove state control, leave state and local government employees unprotected, and add costs to DOL for funding and running a health and safety program in the state.
Specifically, the Ensuring Worker Safety Act establishes a formal mechanism for OSHA to identify a problem with a state plan and compel a remedy without beginning the process for withdrawing approval.  It also ensures the continued application of health and safety regulations by providing OSHA with concurrent enforcement authority while a state plan is remedying deficiencies.  Finally, the bill holds federal OSHA accountable for providing strong oversight and guidance to state plans by establishing a regular Government Accountability Office study – one every five years – to look at the effectiveness of state plans and the Secretary of Labor’s oversight of such plans.
A number of deaths on the job led to Nevada being the first state in the country to have an in-depth review that highlighted the problems facing Nevada OSHA.  This review made it clear to Titus that federal OSHA needs an additional option to work with states that are not meeting federal standards.

Wednesday, May 23, 2012

OSHA Targets Fall at New Jersey Companies


US Department of Labor's OSHA issues 'call to action' to
New Jersey construction companies to prevent worker falls

Robert Kulick, OSHA regional administrator in New York
Following four recent construction incidents that took place in Northern New Jersey, the U.S. Department of Labor's Occupational Safety and Health Administration is calling on construction companies to ensure that employees working above 6 feet have the proper equipment to protect themselves from falls on the job.

OSHA has opened investigations following a worker fall through a roof into a vat of acid in Clifton, N.J.; a worker fall from the roof on a residential construction site in Bayonne, N.J.; a worker fall while installing a steel frame in Madison, N.J.; and a worker fall from an aerial lift in Secaucus, N.J.

"This is a call to action for every contractor in the state," says Robert Kulick, OSHA regional administrator in New York. "These incidents are tragic reminders of the dangers posed to workers when they are not adequately protected from fall hazards."

There are a number of ways to protect workers from falls, including guardrail systems, safety net systems and personal fall arrest systems, including properly anchored body harnesses and lanyards, as well as the use of safe work practices and thorough training. "Whether working on a roof, a scaffold or in an aerial lift, all workers must have and correctly use the proper equipment to prevent falls," Kulick adds.

In April, Secretary of Labor Hilda L. Solis announced a new campaign to provide employers and workers with lifesaving information and educational materials about working safely from ladders, scaffolds and roofs in an effort to prevent deadly falls in the construction industry. In 2010, more than 10,000 construction workers were injured as a result of falling while working from heights, and more than 250 workers were killed. OSHA's fall prevention campaign was developed in partnership with the National Institute of Occupational Safety and Health and NIOSH's National Occupational Research Agenda program. More detailed information is available in English and Spanish on fall protection standards at http://www.osha.gov/stopfalls.

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).

Under the Occupational Safety and Health Act of 1970, OSHA's role is to promote safe and healthful working conditions for America's working men and women by setting and enforcing standards, and providing training, outreach and education. 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.


Saturday, January 30, 2010

US Department of Labor's OSHA proposes recordkeeping change to improve illness data


The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) is proposing to revise its Occupational Injury and Illness Recording and Reporting (recordkeeping) regulation by restoring a column on the OSHA Form 300 to better identify work-related musculoskeletal disorders (MSDs). The rule does not change existing requirements for when and under what circumstances employers must record musculoskeletal disorders on their injury and illness logs.

Many employers are currently required to keep a record of workplace injuries and illnesses, including work-related MSDs, on the OSHA Form 300 (Log of Work-Related Injuries and Illnesses). The proposed rule would require employers to place a check mark in a column for all MSDs they have recorded.

The proposed requirements are identical to those contained in the OSHA recordkeeping regulation that was issued in 2001. Prior to 2001, OSHA's injury and illness logs contained a column for repetitive trauma disorders that included noise and MSDs. In 2001, OSHA separated noise and MSDs into two separate columns, but the MSD column was deleted in 2003 before the provision became effective. OSHA is now proposing to restore the MSD column to the OSHA Form 300 log.

"Restoring the MSD column will improve the ability of workers and employers to identify and prevent work-related musculoskeletal disorders by providing simple and easily accessible information," said Assistant Secretary of Labor for OSHA Dr. David Michaels. "It will also improve the accuracy and completeness of national work-related injury and illness data."

For more information, view OSHA's proposal at:
http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=FEDERAL_REGISTER&p_id=21314. This notice will be published in the Jan. 29 edition of theFederal Register.

Interested parties may submit comments on the proposed rule electronically at
http://www.regulations.gov, the federal e-rulemaking portal; or by mailing three copies to the OSHA Docket Office, Room N-2625, U.S. Department of Labor, 200 Constitution Ave. NW, Washington, DC 20210; or by fax at 202-693-1648 if the comments and attachments do not exceed 10 pages.

Comments must include the agency name and docket number for this rulemaking (Docket Number OSHA-2009-0044). The deadline for submitting comments is March 15. OSHA will hold a public meeting on the proposed rule March 9.

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

Sunday, February 8, 2015

OSHA finds welders unaware of toxic, explosive fumes

Blast kills temporary worker, critically injures another 4 companies violate safety laws at Omega Protein plant


MOSS POINT, Miss. — Two temporary workers hired to cut and weld pipes at the Omega Protein plant in Moss Point on July 28, 2014, had no idea and had no training to know that the storage tank beneath them contained explosive methane and hydrogen sulfide gases. One of the two men found out later as he lay in a hospital with a fractured skull, internal injuries and broken bones. The second, a 25-year-old man named Jerry Taylor, died when the tank exploded.

The U.S. Department of Labor's Occupational Safety and Health Administration investigated the incident and has found four companies violated safety regulations that could have prevented the tragedy. The companies are Accu-Fab & Construction Inc., Omega Protein, and JP Williams Machine & Fabrication, all in Moss Point, and Global Employment, in Pascagoula.

Accu-Fab, a metal fabricator, was contracted by Omega Protein to manufacture and erect a wastewater storage tank that required modification of existing pipes. A staffing agency, Global Employment Services, provided Accu-Fab with the employees needed at Omega. JP Williams Machine, which provides industrial service and repair, was on-site the day of the explosion performing unrelated maintenance activities.

"The Omega Protein plant explosion shines a spotlight on how critical it is for employers to verify, isolate and remove fire and explosion hazards in employee work areas," said Eugene Stewart, OSHA's area director in Jackson. "If the employer ensured a safe environment, this tragic incident could have been prevented."



Omega Protein plant in Moss Point, Mississippi.

OSHA issued 13 citations to Omega Protein, a producer of omega-3 fish oil and specialty fish meal products, for willful, repeated and serious safety violations. OSHA issued a willful citation for exposing employees to fire and explosion hazards due to Omega management's failure to inform Accu-Fab that the storage tank contained wastewater that could generate hydrogen sulfide andmethane gases, which can be highly explosive and toxic, even at low concentrations. The repeated violations involve not having standard railings on open-sided floors and platforms and failing to label electrical boxes properly.

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 ...


Monday, August 29, 2022

Appeals Court Rejects Effort to Compel OSHA to Retain Healthcare ETS

On Friday, an Appellate Court rejected the UNIONS' effort, including the National Nurses, United, to compel the Occupational Safety and Health Administration (OSHA) to retain the Healthcare Emergency Temporary Standard (ETS).

Friday, September 21, 2012

OSHA cites Jersey City, NJ, company for workplace safety and health hazards at Kearny warehouse

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 violations.

OSHA has cited Continental Terminals Inc., based in Jersey City, with 18 alleged safety and health violations at the company's warehouse in Kearney. OSHA initiated an inspection upon receiving a complaint. Proposed fines total $162,400.

Citations carrying $98,000 in penalties have been issued for two willful violations that involve permitting employees to ride on the forks of forklifts and a failure to provide fall protection on platforms. 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.

Fifteen serious violations include locked or sealed emergency exit doors, improperly labeled doors, the improper storage of liquid propane tanks, unsanitary restrooms, unsafe material storage, unauthorized personnel being allowed to ride on powered industrial trucks, powered industrial trucks left unattended with a load raised and the engine running, not taking power industrial trucks out of service when in need of repair, permitting employees to operate a compactor without guards or an interlock in place and exposing employees to live electrical parts. The violations also include failing to implement a hazard communication program, provide training or material safety data sheets to employees handling hazardous chemicals, have a continual and effective hearing conservation program for employees exposed to noise at 85 decibels or greater as a time-weighted average, have a noise monitoring program for employees exposed to 85 decibels or greater, have an audiometric testing program for employees exposed to noise and provide auxiliary directional lighting on powered industrial trucks for areas where the general lighting was less than two lumens per square foot. The citations carry $64,400 in penalties.

One other-than-serious violation is failing to provide Appendix D of the respiratory protection standard to employees who voluntarily wear filtering face piece respirators. This citation does not carry a penalty.

"These violations reflect the company's lax attitude toward workplace safety and health," said Kris Hoffman, director of OSHA's Parsippany Area Office. "Without the proper safeguards in place, employees are vulnerable to accidents that can cause injuries and even death."

The citations can be viewed at: http://www.osha.gov/ooc/citations/ContinentalTerminals_444574_0914_12.pdf* andhttp://www.osha.gov/ooc/citations/ContinentalTerminals_281192_0914_12.pdf*.

Continental Terminals, with 10 employees at its Kearny warehouse, 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.

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 Parsippany office at 973-263-1003. 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 enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov

Read more about forklift safety issues
Sep 13, 2011
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.
Jun 21, 2012
... include failing to perform a personal protective equipment hazard assessment; provide an eyewash station for workers exposed to corrosive chemicals; provide fire extinguisher training; provide training for forklift operators; ...
Jan 24, 2010
An attorney for an injured worker quickly requested that a potentially defective forklift be preserved, but did not hastily have an expert conduct a physical inspection. Ciapinski v Crown Equipment Corp., 2010 WL 183903 (N.J. ...