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

Wednesday, June 13, 2012

OSHA Cites Correctional Facility for Exposing Employees to Workplace Violence


Mississippi correctional facility cited by US Department of Labor's OSHA for
workplace violence and other hazards; more than $104,000 in fines proposed

The U.S. Department of Labor's Occupational Safety and Health Administration has cited The GEO Group Inc. with six safety and health violations, including one willful, for exposing employees to workplace violence and failing to take adequate measures to reduce the risk of violence following a December 2011 inspection stemming from a complaint about the Meridian correctional facility. Proposed penalties total $104,100.

"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 Jackson. "Prisons may be inherently dangerous workplaces, but the employer is still required to take every reasonable precaution to protect corrections officers and other staff against safety and health hazards, including assaults."

A willful safety violation has been cited, with a $70,000 penalty, for failing to knowingly provide adequate staffing, fix malfunctioning cell door locks or provide required training to protect employees from incidents of violent behavior by inmates, including stabbings, bites and other injuries. 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.

One repeat health violation, with a $16,500 penalty, also has been cited for failing to conduct medical evaluations for workers required to wear respirators. 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 November 2010 at GEO's Pompano Beach, Fla., facility.

Two serious health and one serious safety violation, carrying a total of $17,600 in penalties, include failure to conduct a fit test for employees required to wear respirators, have a written exposure control plan for employees exposed to bloodborne pathogens and complete a personal protective equipment hazard assessment. 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 other-than-serious safety violation has been cited for failing to provide a written energy control procedure for workers exposed to electrical shock hazards. No penalty was assessed. 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 GEO Group Inc. is a correctional and detention organization with approximately 80,000 beds and 116 facilities located in the United States, the United Kingdom, Australia and South Africa. The company's East Mississippi correctional facility houses 1,318 low, medium and high security inmates, as well as inmates with mental illness.

Information on workplace violence is available at http://www.osha.gov/SLTC/workplaceviolence/index.html.

The citations can be viewed at
http://www.osha.gov/ooc/citations/The_GEO_Group_Inc_315306803_06_11_2012.pdf*,
http://www.osha.gov/ooc/citations/The_GEO_Group_Inc_315306357_06_11_2012.pdf*.

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

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.

Wednesday, September 17, 2014

OSHA seeks damages for wrongly terminated employee who made safety complaint

The U.S. Department of Labor has filed a lawsuit in the U.S. District Court for the District of Idaho against Sandpoint Gas 'n' Go & Lube Center Inc., in Sandpoint, Idaho, and its owner Sydney M. Oskoui, individually, for violating the whistleblower protection provisions of the Occupational Safety and Health Act of 1970. The investigation determined that Sandpoint and its owner terminated a mechanic for raising safety and health concerns in the workplace.
OSHA investigated a complaint filed by the work and cited the employer for safety and health violations. Upon receipt of the citations and proposed penalties, the employer fired the employee. The department determined that the employee was fired for filing a safety complaint with the Occupational Safety and Health Administration's Boise Area Office.
"We are committed to protecting workers' rights to raise work-related safety and health concerns without fear of losing his or her job," said Galen Blanton, OSHA's acting regional administrator in Seattle. "We will not tolerate the reprehensible behavior exhibited by Sandpoint in this case."
The employer is expected to pay to the fired employee back wages with interest, benefits and punitive damages. The suit also requests an order from the court permanently enjoining Sandpoint and its owner from violating the anti-retaliation provisions of the OSH Act and requires that a notice be posted for employees regarding their rights under the OSH Act.
OSHA enforces the whistleblower provisions of more than 21 statutes protecting employees who report violations of various commercial motor carrier, airline, nuclear, pipeline, environmental, public transportation agency, consumer product, motor vehicle safety, railroad, maritime, health care reform, food safety, securities and financial reform laws. Detailed information on employee whistleblower rights, including fact sheets with information on how to file a complaint with OSHA, is available online at http://www.whistleblowers.gov.
###
Perez v. Sandpoint Gas 'n' Go & Lube Center Inc. and Sydney M. Oskoui, individually
Civil Action Number: 2:14-cv-00357-BLW

Saturday, August 18, 2012

OSHA proposes $82,500 in fines to chemical manufacturer for workplace hazards at Newark, NJ, facility


The U.S. Department of Labor's Occupational Safety and Health Administration has cited Cardolite Corp. with one willful and 13 serious health and safety violations for exposing workers to chemical and other hazards at the company's Newark facility. OSHA initiated its March investigation in response to a complaint and also as part of the agency's national emphasis program on process safety management for covered chemical facilities. Proposed penalties total $82,500.

"Process safety management prevents or mitigates a catastrophic release of toxic, reactive or flammable liquids and gases in chemical processes," said Kris Hoffman, director of OSHA's Parsippany Area Office. "By not complying with PSM requirements, Cardolite jeopardized the safety of its chemical operators and others working at the site by exposing them to dangerous fire hazards. This negligent behavior will not be tolerated."

The willful violation is failing to monitor employees' formaldehyde exposure at six-month intervals. 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. The citation carries a $44,000 penalty.

The serious violations include failing to ensure that workers are not overexposed to formaldehyde, implement effective engineering controls and work practices to reduce formaldehyde exposure, provide medical surveillance to workers overexposed to formaldehyde, ensure that process safety information is accurate and in place, provide a hazard analysis of the facility in the event of a chemical release and its impact, provide refresher training to chemical operators on the epichlorohydrin process, inspect and test epichlorohydrin piping within the process building, and identify deficiencies in process safety management compliance audits. A serious violation occurs when there is a substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known. The citations carry $38,500 in penalties.

Cardolite Corp., which employs about 70 workers at its Newark location, develops and manufactures products based on cashew nutshell liquid for the coating, friction material and adhesive markets. The company 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.

The investigation was conducted by OSHA's Parsippany office; telephone 973-263-1003. To report workplace incidents, fatalities or situations posing imminent danger to workers, call the agency'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.

Read more about Formaldehyde
Aug 16, 2012
"Johnson & Johnson, which makes a range of personal care products like baby shampoo, acne cream and antiwrinkle lotion, announced plans Wednesday to remove a host of potentially harmful chemicals, like formaldehyde, ...
Oct 03, 2011
After a long period of deliberation the mostly unregulated cosmetic industry's own trade association, through its reviewing agency, the Cosmetic Ingredient Review Expert Panel (CIR) has declared formaldehyde and ...
Apr 19, 2011
"In fact, those chemical concoctions are loaded with formaldehyde, which numerous prestigious health bodies, most recently, a National Academy of Sciences panel, have labeled a human carcinogen. Formaldehyde is also a ...
Sep 08, 2011
The U.S. Department of Labor's Occupational Safety and Health Administration has cited two Florida manufacturers and two Florida-based distributors of hair products containing formaldehyde for 16 health violations involving ...

Friday, July 25, 2014

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."
No more falling workers. Disturbing trend in communication towers-related worker deaths. 2011 = 6; 2012 = 2; 2013 = 13. Source: CY data from OSHA Integrated Management Information System.
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.

Thursday, August 15, 2013

IMPROVING CHEMICAL FACILITY SAFETY AND SECURITY

Today's post was shared by WCBlog and comes from www.whitehouse.gov

The White House

EXECUTIVE ORDER
- - - - - - -
IMPROVING CHEMICAL FACILITY SAFETY AND SECURITY

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:

Section 1. Purpose. Chemicals, and the facilities where they are manufactured, stored, distributed, and used, are essential to today's economy. Past and recent tragedies have reminded us, however, that the handling and storage of chemicals are not without risk. The Federal Government has developed and implemented numerous programs aimed at reducing the safety risks and security risks associated with hazardous chemicals. However, additional measures can be taken by executive departments and agencies (agencies) with regulatory authority to further improve chemical facility safety and security in coordination with owners and operators.

Sec. 2. Establishment of the Chemical Facility Safety and Security Working Group. (a) There is established a Chemical Facility Safety and Security Working Group (Working Group) co-chaired by the Secretary of Homeland Security, the Administrator of the Environmental Protection Agency (EPA), and the Secretary of Labor or their designated representatives at the Assistant Secretary level or higher. In addition, the Working Group shall consist of the head of each of the following agencies or their designated representatives at the Assistant Secretary level or higher:

(i) the Department of...

[Click here to see the rest of this article]


Thursday, August 30, 2012

OSHA cites Brick, NJ-based contractor for continuing to expose workers to falls and other hazards at Secaucus work site

The U.S. Department of Labor's Occupational Safety and Health Administration has cited Brick-based La Conti Concrete & Masonry Inc. for nine safety and health, including two repeat, violations at a Secaucus work site. OSHA's March investigation was initiated in response to an imminent danger complaint alleging employees were working on the fifth level of a supported scaffold without fall protection. Proposed penalties total $74,830.

The repeat safety violations, with a $53,900 penalty, involve failing to provide safe access to a scaffold and ensure workers were not exposed to a 35-foot fall while working on an unguarded scaffold. A repeat violation occurs 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 2006, 2007 and 2011.

Six serious safety and health violations, with a $20,930 penalty, include failing to properly store propane tanks; ensure a competent person inspected a scaffold before employees worked on it; establish and implement a written respiratory protection program for workers required to wear respirators, including medical evaluations and respiratory protection training; develop and implement an effective written hazard communication program for workers exposed to hazardous chemicals, including crystalline silica; provide chemical hazard training to employees working with hazardous chemicals; and maintain material safety data sheets. A serious violation occurs when there is a substantial probability that death or serious physical harm could result from dangerous tasks without proper safety measures.

"This employer continues to jeopardize the safety and health of its workers by failing to correct these hazards, which is unacceptable," said Kris Hoffman, director of OSHA's Parsippany Area Office. "Employers are responsible for providing a safe and healthful workplace, and will be held legally accountable when they fail to do so."

The company also has received one other-than-serious violation, with no penalty, for failure to provide respirator fit testing and evaluate employees for safe use of powered industrial truck. 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.

La Conti Concrete & Masonry Inc. employed 34 workers at the Secaucus work site and 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.

In April, Secretary of Labor Hilda L. Solis announced a campaign to provide employers and workers with life-saving 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.

Read more about scaffolding
Jun 11, 2012
The willful violations carry a $92,400 penalty and are due to a lack of fall protection for employees working on a scaffold that was not fully planked. A willful violation is one committed with intentional knowing or voluntary ...
Feb 19, 2011
OSHA found employees exposed to fall hazards ranging from 27 to 41 feet while working without fall protection on a scaffold that was not fully guarded, climbing atop the scaffold's guardrails and standing on an empty plastic ...
Feb 07, 2012
The serious violations, with $36,960 in penalties, include failing to protect workers from fall and impalement hazards, ensure scaffold platforms were laid correctly, provide proper ladder rung construction, make sure guardrails...
May 23, 2012
"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 ...
.....
For over 3 decades the Law Offices of Jon L. Gelman  1.973.696.7900  jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.

Tuesday, March 29, 2011

Symposium on Prevention of Occupationally-Related Distracted Driving

Distracted driving (including texting while driving and cell phone use) is a major cause of motor vehicle crashes. Many workers may be distracted while performing work-related driving or during vehicle operations. Reducing distracted work-related driving and increasing awareness of the risk to employees that result from distracted driving is an important mission for safety and health professionals, employers and employees. This Symposium is designed to bring together a variety of stakeholder groups who are interested in reducing work-related driving distractions and generate recommendations for action, including new directions for research. This Symposium will include didactic presentations, interactive discussions and opportunities for networking, and demonstrations of training materials.

Monday, April 18, 2011
8:30 AM - 4:00 PM

Kossiakoff Conference Center
11100 Johns Hopkins Road
Laurel, Maryland 20723
1-800-548-3647

8:30 - 9:00 am:
Registration and continental breakfast

9:00 - 9:15 am:
Welcome and Review of the Agenda
Mary Doyle, MPH,RN, COHN-S/CM
Director, ERC Continuing Education Program
Johns Hopkins Bloomberg School of Public Health
Meeting Moderator

9:15 - 9:30 am:
Mission of the Symposium and Call to Action
Christine Branche, PhD
Principal Associate Director
The National Institute for Occupational Safety and Health
Centers for Disease Control and Prevention

9:30 - 9:50 am:
U.S. DOT Perspective on Distracted Driving
Peter Appel
Administrator, Research and Innovative Technology Administration
Department of Transportation

9:50 - 10:10 am:
OSHA’s Perspective on Distracted Driving
David Michaels, PhD, MPH
Assistant Secretary of Labor for OSHA
Department of Labor

10:10 - 10:40 am:
What Does the Research Tell Us?
Jeffrey S. Hickman, PhD
Virginia Tech Transportation Institute
Center for Truck and Bus Safety
Virginia Polytechnic Institute and State University

10:40 - 11:00 am:
Audience Q & A/Feedback for morning sessions

11:00 – 11:15 am
Break and Networking

11:15 - 12:00 pm:
Panel Discussion: Elements of Model Programs: Implementation Challenges
Moderator: Jack Hanley
Executive Director
Network of Employers for Traffic Safety

Panelists:

Joseph Van Houten, PhD, CSP
Senior Director, Worldwide EHS
Johnson & Johnson

Tom Bennett
SH&E/OIMS Advisor, Fuels Marketing
Downstream & Chemical SSH&E

Amy Lokken, ARM
Group Director, North American Health & Safety
Coca-Cola Refreshments

David Hopps
Vice President, Risk Management Operations & Environment, Safety & Health
ServiceMaster

12:00 – 12:15 pm:
Audience Discussion and Feedback on Model Programs Panel

12:15 - 1:15 pm:
Lunch (provided on-site)

1:15 - 2:00 pm:
Panel Discussion: In-vehicle Technology to Address Distracted Driving
Moderator: Peter Appel
Administrator, Research and Innovative Technology Administration
Department of Transportation

Panelists:

Eric Collins, JD
Chief Operations Officer
Mobile Posse

Michael Petricone, JD
Senior VP, Government Affairs
Consumer Electronics Association

2:00 - 2:15 pm
Audience Discussion and Feedback on In-Vehicle Technology Panel

2:15 - 3:00 pm:
Panel Discussion: Worker Perspectives
Moderator: James August, MPH
Health and Safety Consultant

Panelists:

LaMont Byrd
Director, Safety and Health Department
International Brotherhood of Teamsters

Rich Duffy
Assistant to the General President for Occupational Health, Safety and Medicine
International Association of Fire Fighters – AFL/CIO

Ed Watt, MS
Director of Health and Safety
Transportation Workers Union of America

3:00 - 3:15 pm
Audience Discussion and Feedback on Workers’ Perspective Panel

3:15 - 3:45 pm:
Facilitated Discussion with Audience
Leslie Nickels, PhD, MEd
Senior Health Communications Fellow
National Institute for Occupational Safety and Health
Centers for Disease Control and Prevention

3:45 - 4:00 pm:
Closing
Mary Doyle, Meeting Moderator

4:00 - 5:00 pm: 
Reception (on site)

Monday, April 11, 2011

US OSHA Warns Workers of Brazilian Blowout Formaldehyde Hazards

US Labor Department’s OSHA issues hazard alert to hair salon owners, workers on smoothing and straightening products that could release formaldehyde
The U.S. Department of Labor's Occupational Safety and Health Administration is issuing a hazard alert to hair salon owners and workers about potential formaldehyde exposure from working with some hair smoothing and straightening products.
The hazard alert, available on OSHA's website at http://www.osha.gov/SLTC/formaldehyde/hazard_alert.html, provides information about OSHA's investigations, the health hazards of formaldehyde and how to protect people who are working with hair smoothing and straightening products.
Responding to complaints and referrals about possible exposure to formaldehyde, federal OSHA and many state occupational safety and health agencies are conducting investigations. Oregon's Occupational Safety and Health Administration, Connecticut's Department of Public Health, and agencies in several other states already have issued warnings.
Federal OSHA has found formaldehyde in the air when stylists used hair smoothing products, some of which do have formaldehyde listed on their labels or in material safety data sheets as required by law. During one investigation, the agency's air tests showed formaldehyde at levels greater that OSHA's limits for a salon, even though the product tested was labeled as formaldehyde-free. California's Occupational Safety and Health Administration recently issued violations to an importer and distributer of smoothing products labeled formaldehyde-free for failing to list formaldehyde as a hazardous ingredient on the company's product labels and in the material safety data sheets.
Formaldehyde presents a health hazard if workers are exposed. It can irritate the eyes and nose; cause allergic reactions of the skin, eyes and lungs; and is linked to nose and lung cancer.
OSHA requires manufacturers, importers and distributors of products that contain formaldehyde as a gas or in solution, or that can release formaldehyde during use, to include information about formaldehyde and its hazards on product labels and in the material safety data sheets that are sent to employers.
"Workers have the right to know the risks associated with the chemicals with which they work, and how to protect themselves," said federal OSHA Assistant Secretary Dr. David Michaels. "Employers need to know these risks in order to ensure the safety and health of their employees."
To eliminate potential worker exposure, OSHA recommends that salon owners use products that do not contain formaldehyde, methylene glycol, formalin, methylene oxide, paraform, formic aldehyde, methanal, oxomethane, oxymethylene or Chemical Abstract Service Number 50-00-0.
If a salon owner decides to continue using a formaldehyde-containing hair smoothing product, then he or she must follow OSHA's formaldehyde standard. Important requirements of this standard include conducting air monitoring, installing ventilation where needed and training workers about formaldehyde, as well as providing protective equipment such as gloves, chemical splash goggles, face shields and chemical resistant aprons.
The material safety data sheet includes important information about what a product contains and how the ingredients can affect a worker's health. Salon owners and other employers must have a material safety data sheet for any of the products they use that contain hazardous chemicals. They must also make the sheet available to stylists and other workers.
OSHA currently has a number of ongoing investigations at salons and of importers/distributors/manufacturers relating to hair smoothing and straightening products. Some citations have been issued.
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 occupational disease.

Sunday, July 18, 2021

OSHA Cites Dental Practice for Coronavirus Retaliation

The U.S. Department of Labor has taken legal action against two North Texas dentists on behalf of a dental hygienist and a dental assistant who were not reinstated after expressing concerns about what coronavirus safety measures would be in place when the practice reopened in spring 2020.

Tuesday, December 6, 2011

US Labor Department's MSHA cites corporate culture as root cause of Upper Big Branch Mine disaster

Solicitor of Labor M. Patricia Smith
Massey issued 369 citations and orders with $10.8 million in civil penalties
ARLINGTON, Va. — The U.S. Department of Labor's Mine Safety and Health Administration today announced that it has imposed a fine of $10,825,368, the largest in agency history, following its investigation into the April 2010 explosion at the Upper Big Branch-South Mine, which was operated by Performance Coal Co., a subsidiary of Massey Energy Co. The investigation followed an explosion that killed 29 miners and injured two of the worst U.S. coal mining disaster in 40 years. A report concludes that Massey's corporate culture was the root cause of the tragedy. MSHA has issued Massey and PCC 369 citations and orders, including for an unprecedented 21 flagrant violations, which carry the most serious civil penalties available under the law.
Secretary of Labor Hilda L. Solis, Solicitor of Labor M. Patricia Smith, MSHA Assistant Secretary Joseph A. Main and MSHA Administrator for Coal Kevin Stricklin met with families today to share the agency's findings.
"The tragic explosion at Upper Big Branch left dozens of families without husbands, fathers, brothers and sons," said Secretary Solis. "I made a pledge to the families of those we lost, and the entire mining community, to conduct the most complete and thorough investigation possible in order to find the cause of this disaster. The results of the investigation lead to the conclusion that PCC/Massey promoted and enforced a workplace culture that valued production over safety, and broke the law as they endangered the lives of their miners. By issuing the largest fine in MSHA's history, I hope to send a strong message that the safety of miners must come first."
The agency's presentation of findings follows a non-prosecution agreement reached today among the U.S. Attorney's Office for the Southern District of West Virginia, the U.S. Department of Justice, Alpha Natural Resources Inc. and Alpha Appalachia Holdings Inc., formerly known as Massey Energy Co. The agreement — which includes nearly $210 million for remedial safety measures at all Alpha mines, a trust fund for improvements in mine safety and health, payment of outstanding civil penalties for all former Massey mines and restitution payments for the victims' families — resolves criminal liability for Alpha but does not provide protection against criminal prosecution of any individuals.
"This agreement can go a long way toward changing a safety culture that was clearly broken at Massey's mines," said Secretary Solis. "Although this agreement is significant, it in no way absolves any individuals responsible for this terrible tragedy of their criminal liability. We will continue to cooperate with the U.S. Attorney's Office to ensure that the responsible parties will be brought to justice."
MSHA concluded that the 29 miners died in a massive coal dust explosion that started as a methane ignition. While the investigation found the physical conditions that led to the coal dust explosion were the result of a series of basic safety violations at UBB, which PCC and Massey disregarded, the report cites unlawful policies and practices implemented by PCC and Massey as the root cause of the explosion: including the intimidation of miners, advance notice of inspections, and two sets of books with hazards recorded in UBB's internal production and maintenance book but not in the official examination book. The investigation found that the operator promoted and enforced a workplace culture that valued production over safety, including practices calculated to allow it to conduct mining operations in violation of the law.
"Every time Massey sent miners into the UBB Mine, Massey put those miners' lives at risk. Massey management created a culture of fear and intimidation in their miners to hide their reckless practices. Today's report brings to light the tragic consequences of a corporate culture that values production over people," said Main. "The secretary and I are committed to improving the health and safety of America's miners. To honor the memory of the lives lost at UBB, we will use the lessons learned from this terrible tragedy to fulfill that commitment."
MSHA issued PCC and Massey 12 citations and orders deemed contributory to the cause of the accident, and nine of those violations were assessed as flagrant, which carry the highest possible penalties. Violations include illegally providing advance notice to miners of MSHA inspections; failing to properly conduct required examinations; allowing hazardous levels of loose coal, coal dust and float coal dust to accumulate; failing to adequately apply rock dust to the mine; failing to adequately train miners; and failing to comply with approved ventilation plans and approved roof control plans. MSHA also issued 357 citations and orders to PCC and Massey that did not contribute directly to the explosion, including 11 assessed as flagrant. Additionally, MSHA issued two contributory and two non-contributory violations to David Stanley Consulting LLC — a contractor that supplied examiners and other miners to work at UBB — for its examiner's failure to properly conduct examinations. These violations carry penalties of $142,684.
MSHA conducted its investigation under the authority of the Federal Mine Safety and Health Act of 1977, which requires that authorized representatives of the secretary of labor carry out investigations in mines for the purpose of obtaining, utilizing and disseminating information relating to the causes of the accidents.
MSHA conducted the underground investigation in coordination with the West Virginia Office of Miners' Health Safety and Training, the Governor's Independent Investigative Panel and Massey Energy. The United Mine Workers of America participated in the investigation in its capacity as a representative of miners designated pursuant to the Mine Act, as did Moreland & Moreland l.c.
The accident investigation report, along with supplementary documents, is available on the agency's UBB single source page at http://www.msha.gov/PerformanceCoal/PerformanceCoal.asp.

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
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