OSHA has cited Endres Processing LLC of Kansas City for alleged violations of the Occupational Safety and Health Act following an inspection alleging fire and explosion hazards from combustible dust. Proposed penalties total $137,250.

“There is no excuse for the lack of attention to accumulation of combustible dusts in any mill or grain elevator, especially given our nation’s history of such horrific combustible dust explosions resulting in a high number of employee fatalities,” said Charles Adkins, OSHA’s regional administrator in Kansas City, Mo. “It is imperative that employers take the necessary steps to eliminate hazards and provide a safe working environment for all their employees to prevent accidents from occurring.”

OSHA’s inspection of the Endres facility resulted in three alleged willful and four alleged serious violations. The willful violations address the inappropriate location of an air material separator that lacked explosion venting; an inadequate housekeeping program; and allowing combustible dusts to collect at depths greater than one-eighth of an inch. OSHA issues a willful violation when an employer exhibits plain indifference to, or intentional disregard for, employee safety and health.

The serious violations stem from the company’s failure to have an adequate number of exit routes; the lack of a written emergency action plan; an improperly rated powered industrial truck being operated in a hazardous atmosphere; and preventative maintenance records not being maintained. OSHA issues a serious citation when death or serious physical harm is likely to result from a hazard about which an employer knew or should have known.

The company is engaged in recycling inedible food products by milling them into feed for pigs and chickens.

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OSHA has cited Fibrelite for 21 alleged violations of workplace safety standards at its Pawcatuck, Connecticut plant. The manufacturer of composite manhole covers faces a total of $90,500 in proposed fines, chiefly for dust related fire and explosion hazards.

OSHA’s inspection found that combustible particulate solids, which were generated during trimming and repair operations, were not collected into an adequately designed dust collection system, were allowed to accumulate on machinery and surfaces, and were not adequately cleaned up to prevent such buildup. The combustible material was exposed to several potential ignition sources, including an LP gas-powered industrial truck, exposed wiring and a spark producing tool.

“A combustible dust explosion can be a catastrophic and fatal event, yet its dangers can be minimized if employers identify and promptly address combustible dust hazards,” said Robert Kowalski, OSHA’s acting area director in Hartford. “An effective dust collection system, proper industrial hygiene and frequent cleaning are critical to preventing a dangerous and potentially fatal buildup of combustible dust in the workplace.”

Other hazards identified during OSHA’s inspection include improper storage of waste material saturated with combustible residue, flammable liquid waste allowed to drip into an open bucket, inadequate precautions to avoid ignition sources for flammable liquids, a spray booth lacking a sprinkler and adequate grounding, a lack of an emergency action plan, unguarded power presses, a lack of specific energy control procedures for various machines, excess air pressure for a cleaning hose and several electrical hazards.

These conditions resulted in Fibrelite being issued 20 serious citations with $89,500 in fines. The company also has been issued one other-than-serious citation, with a $1,000 fine, for incorrectly recording injuries and illnesses.

Detailed information on combustible dust hazards and safeguards, including a concise fact sheet, is available online at http://www.osha.gov/dsg/combustibledust/index.html and http://www.osha.gov/pls/publications/publication.athruz?pType=Industry&pID=250.

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Federal OSHA is proposing $217,500 in penalties against Hearthmark LLC, doing business as Jarden Home Brands, for safety violations at its Birmingham Alabama location.

The inspection began in July 2009, after an employee was burned when hot wax he was transferring from a railcar erupted. The investigation, including an evaluation for combustible dust, was expanded to all areas of the Birmingham facility when inspectors observed a number of safety hazards during their initial walk through.

OSHA has cited the company with two willful violations with a proposed penalty of $110,000 for failing to develop and use specific lockout/tagout (of accidental energy start-up) procedures for workers engaged in servicing and performing maintenance activities and housekeeping issues related to the accumulation of combustible dust.

The company is also being cited for 31 serious safety violations with $107,500 in proposed penalties. The violations include failing to establish and implement procedures for employees transferring wax from railcars to holding tanks, unguarded platforms, fixed stairs not having standard guard rails, lack of machine guarding, numerous electrical hazards (including unapproved electrical equipment being used in areas containing combustible dust), not filling required permits for confined spaces, belts, pulleys and shafts not being guarded, and failing to utilize restraint systems on powered industrial trucks.

“OSHA determined that this company is fully aware of the deficiencies it has in its safety program and what needs to be changed to provide safe work conditions for employees but hasn’t acted to correct those deficiencies,” said Roberto Sanchez, director of OSHA’s Birmingham Area Office.

Hearthmark LLC is headquartered in Dareville, Ind., and has facilities in North Carolina, Texas, California and Ontario. The company manufactures fire logs under the Pine Mountain, Java-Log and StarterLogg brands.

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Investigations reveal combustible dust, noise, lack of machine guards, and guardrails producing over $250,000 in fines

Federal OSHA is proposing 41 safety and health violations against Birdsong Corp.’s facilities in Sylvester and Blakely, Ga.

According to Robert Vazzi (OSHA Area Director) “Our inspections, and a worker fatality at the Blakely plant, show the need for management to get serious about the safety and health of its employees.”

OSHA began an inspection of Birdsong’s Sylvester plant in June 2009. Compliance officers found 21 serious safety violations and one other-than-serious safety violation, including lack of machine guards, fall hazards, electrical hazards, a lack of emergency lighting and unmarked exit doors. In July 2009, a separate inspection was opened to address possible noise hazards at the plant, resulting in three serious and one other-than-serious health violations.

In September 2009, OSHA moved on to the company’s Blakely, Ga., facility following a fatality at the site in which a worker was caught in a conveyor belt. That investigation led to the issuance of three serious safety violations and one other-than-serious safety violation, including lack of machine guarding and lack of guardrails.

During the course of the fatality investigation, the compliance officer grew concerned about possible combustible dust hazards at the plant. A separate combustible dust inspection was begun and resulted in the issuance of 11 serious violations.

The inspections resulted in proposed penalties of $137,250, $88,200 for the Sylvester plant and $49,050 for the Blakely plant.

Birdsong Corp. is headquartered in Suffolk, Va., and has facilities in Georgia, Texas and Virginia.

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Endres Processing LLC, headquartered in Rosemount, MN., and its subsidiary, Endres Processing Ohio LLC, have been cited by OSHA with safety and health violations that include exposing workers to combustible dust hazards. The firm manufactures an animal feed supplement from unsold bakery products. Proposed fines total $472,900.

OSHA began a health inspection in June after receiving information that fires had occurred in the Ohio plant, and that large amounts of dust from the manufacturing process had accumulated throughout the worksite.

Following the health inspection, OSHA issued four willful violations with penalties totaling $252,000 and five serious violations with penalties totaling $14,900. The willful violations allege the lack of explosion protection, the failure to equip process equipment with combustible dust collection systems, hazardous accumulations of dust, and the use of electrical equipment that was unsafe to use in areas with combustible dust accumulation. The serious violations address hazards from workers breathing the dust, allowing combustible materials in areas where workers were welding, and unsafe electrical equipment and practices. The proposed health violation fines total $266,900.

A safety inspection was also initiated, and OSHA issued two willful violations with penalties totaling $126,000 and 21 serious violations with penalties totaling $80,000 following that inspection. The willful violations allege confined space hazards and failing to train employees in using the fire fighting system. The serious violations allege a variety of hazards. They include fall hazards, problems with emergency exit lighting, failure to train on and exposure to hazardous machine-energy sources, and additional unsafe electrical equipment and practices. The proposed safety violation fines total $206,000.

The Upper Sandusky site, then owned by Advanced Organics Inc., has been inspected twice since 2004, with serious citations issued for fall protection, combustible dust issues, electrical hazards, machine guarding and fall hazards following the earlier inspections.

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OSHA and the Wage and Hour Division together have fined Tempel Grain Elevators LLP of Wiley, Colo., more than $1.6 million following the May 29 death of a teenage worker at the company’s Haswell, Colo., grain storage operation. The youth suffocated after being engulfed by grain in one of the facility bins. The company also exposed three other teenage workers to the cited hazards.

“Tempel Grain ignored long-established standards addressing safety in grain handling facilities. It was well aware of the hazards and knowingly put its young workers in harm’s way,” said Secretary of Labor Hilda L. Solis. “From safety to wage and hour issues, the company created a hazardous and illegal working environment for its workers. This situation must be addressed swiftly and completely.”

Following its investigation, OSHA proposed $1,592,500 in fines for 22 alleged willful and 13 alleged serious citations. The willful citations include not providing an emergency action plan prior to entering grain bins, failing to train workers in safe bin entry, a lack of grain engulfment protection, failure to shut off and lock out equipment while employees were working inside bins, a lack of rescue equipment, and allowing hazardous accumulations of grain dust that could contribute to fire and explosion. A willful violation is one committed with intentional, knowing or voluntary disregard for the law’s requirements, or with plain indifference to employee safety and health.

The serious citations include unguarded conveyors, fall hazards, a lack of first aid supplies and trained medical personnel, incomplete fire extinguisher inspections, using extension cords in place of permanent wiring and failing to inspect electrical equipment. An OSHA violation is serious if death or serious physical harm can result from a hazard an employer knew or should have known exists. The company has 15 business days from receipt of all OSHA citations to comply, request an informal conference with OSHA’s area director or contest the findings before the independent Occupational Safety and Health Review Commission.

The Wage and Hour Division conducted a separate investigation that disclosed 77 child labor violations involving 15 minor employees. These include employing underage workers, allowing teenage employees to work hours prohibited by the Fair Labor Standards Act (FLSA), and allowing them to work in jobs prohibited by the act’s occupation standards as well as by the department’s hazardous occupations orders. These violations carry fines totaling $64,487. The investigation also found 59 workers due a total of $56,285 in back wages for minimum wage and overtime violations of the FLSA.

Violations include employment of a 13-year-old, and having 14- and 15-year-olds work prohibited hours and in prohibited occupations in connection with transportation, storage and warehousing of the grain and power-driven equipment. Employees ranging from 14 to 17 years of age were operating prohibited hazardous equipment, including hoisting apparatus such as skid loaders, front end loaders and forklifts, and riding elevator man lifts. Minors engaged in prohibited activities such as motor vehicle driving and working on or around the roofs of elevators.

The FLSA’s youth employment provisions identify 17 hazardous orders that prohibit specific activities for workers under 18, as well as hours restrictions. The law further states that 14 is the minimum age for employment. Employees 14 and 15 years of age may work only in non-manufacturing and non-mining occupations specifically permitted by the secretary of labor. For more information on youth employment laws, visit http://www.youthrules.dol.gov or call the Wage and Hour Division’s toll-free helpline at 866-4US-WAGE (487-9243).

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OSHA invites interested parties to participate in informal stakeholder meetings on the workplace hazards of combustible dust. OSHA plans to use the information gathered at these meetings in developing a proposed standard for combustible dust.

The first of these meetings are December 14th in Washington, DC and additional meetings are planned for early 2010, and will be announced in one or more subsequent notices.

OSHA intends to develop a standard that will comprehensively address the fire and explosion hazards of combustible dust. The Agency has issued an Advanced Notice of Proposed Rulemaking (ANPR) (74 FR 54334) requesting comments, including data and other information, on issues related to the hazards of combustible dust in the workplace. OSHA plans to use the information received in response to the ANPR and at the stakeholder meetings in developing a proposed standard for combustible dust.

The stakeholder meetings will be conducted as a group discussion on views, concerns, and issues surrounding the hazards of combustible dust. To facilitate as much group interaction as possible, formal presentations will not be permitted. Formal input should be submitted as indicated in the ANPR referenced earlier in this notice. OSHA believes the stakeholder meeting discussion should center on major issues such as:

• Possible regulatory approaches.
• Scope.
• Organization of a prospective standard.
• The role of consensus standards.
• Economic impacts.
• Additional topics as time permits.

OSHA plans to hold additional meetings in the early part of 2010, after the ANPR comment period has closed and the Agency has begun to analyze the comments received. One or more additional notices will be published with the information for those meetings. Stakeholders interested in participating in a 2010 meeting may express their intent through one of the methods specified in the ADDRESSES section of this notice under Registration. You will be contacted regarding the dates and locations of the future meetings.

If you plan to attend you must submit your notice of intent to participate in one of the scheduled or future stakeholder meetings by one of the following means:

Electronic: Register at https://www2.ergweb.com/projects/conferences/osha/register-osha-stakeholder.htm  (follow the instructions online).

Facsimile: Fax your request to: (781) 674-2906, and label it “Attention: OSHA Combustible Dust Stakeholder Meeting Registration.”

Regular mail, express delivery, hand (courier) delivery, and messenger service:

Send your request to: ERG, Inc., 110 Hartwell Avenue, Lexington, MA 02421

Attention: OSHA Combustible Dust Stakeholder Meeting Registration

The 2010 meeting dates and locations wil be announced in one or more subsequent notices.

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In early October the U.S. Chemical Safety Board (CSB) released a new nine-minute safety video on the combustible dust explosion at the Imperial Sugar refinery in Port Wentworth, Georgia, which claimed the lives of 14 workers, injured 36, and caused extensive property damage on February 7, 2008.

Entitled “Inferno: Dust Explosion at Imperial Sugar,” the video includes a new four-minute 3-D computer animation depicting the first explosion – known as a “primary event” – that likely occurred inside a recently enclosed sugar conveyor, which was followed by massive secondary dust explosions that destroyed the plant’s sugar packing buildings.

As CSB Chairman John Bresland noted in the video, “The accident at Imperial Sugar was the deadliest industrial dust explosion in the United States in decades. It illustrates the extremely serious nature of combustible dust hazards.”

View Video:

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OSHA moving forward with advanced notice of proposed rule making for new combustible dust standard.

As indicated for the past several months OSHA has publish an advance notice of proposed rulemaking (ANPR) in the Oct. 21 edition of the Federal Register.   This is the initial step in the development of a full blown standard to address the hazards of combustible dust.

This has been a hot button issue for both the U.S. Secretary of Labor Hilda L. Solis and the acting OSHA Chief Jordan Barab.  There is also strong support for a combustible dust standard coming from the U.S. Chemical Safety Board.  In 2006 and again in 2008 during a congressional hearing the board said a new standard, combined with enforcement and education, could save workers’ lives.

“Last year, 14 workers lost their lives in a combustible dust explosion at Imperial Sugar in Port Wentworth, Ga. Since 1980, more than 130 workers have been killed and more than 780 injured in combustible dust explosions,” added acting Assistant Secretary of Labor for OSHA Jordan Barab.

OSHA has been conducting a Combustible Dust National Emphasis Program (NEP) since October 2007; a very in-depth status report is available on OSHA’s Combustible Dust Safety and Health Topics page.  However OSHA doesn’t feel the NEP is enough.  They feel there is a need for a comprehensive standard.

Combustible dusts are solids ground into fine particles, fibers, chips, chunks or flakes that can cause a fire or explosion when suspended in air under certain conditions. Types of dust likely to combust include metal (aluminum and magnesium), wood, plastic or rubber, coal, flour, sugar and paper.

The public has 90 days to comment on the proposed ANPR. The agency also will conduct stakeholder meetings and will analyze all information and comments received from the public in developing a proposed rule on combustible dust.  Expect this standard to continue to be a high priority for the current administration.

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OSHA levies hefty $518,520 fine on All-Feed Processing and packaging Inc. for willfully violating OSHA standards.

GALVA, Ill. — The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has cited All-Feed Processing and Packaging Inc. in Galva, Ill., with alleged serious, repeat, willful and failure to abate citations of federal workplace safety and health standards. Proposed fines total $518,520.

OSHA began its safety and health inspections at the pet food research and packaging facility in response to a fire in April that sent three workers to a local hospital. The resulting inspection revealed nine alleged willful, four serious, two repeat and two failure to abate violations.

Hazards identified as willful violations addressed the lack of explosion prevention systems for combustible dust, inadequate housekeeping where dust could accumulate, insufficient personal protective equipment, training deficiencies, failure to lockout energy sources during maintenance and other lockout/tagout issues, and the lack of warning signs where combustible dust was being processed. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.

Serious violations included fall hazards and issues pertaining to employees entering or working in confined spaces where a variety of hazards could be present. A serious citation is issued when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

The repeat violation cites the company’s failure to compile a list of hazardous chemicals used at the plant and the failure to include such a list in the hazardous communication program, and for the lack of proper employee training. The company had been previously cited for these violations and had agreed to correct the problems but had not done so. The failure to abate violations included use of flexible cords as a substitute for fixed wiring and equipment and wiring was not approved for hazardous locations.

“Recent events have shown the damage that can result from the failure to control dust and dust explosions,” said OSHA Area Director Nick Walters, Peoria, Ill. “The cost of human life and health is far too great a price to pay for anyone to ignore this hazard. All of us want to see working men and women go home safe at the end of every work shift.”

In business since 1997, the company has been inspected by OSHA on seven occasions since January 2000. These inspections have resulted in the issuance of 31 serious, nine willful, four repeat and seven other-than-serious citations.

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

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

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