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.
OSHA issued CES Environmental Services Inc. 15 willful and 54 serious citations after an investigation into a fatal explosion at the company’s Griggs Road facility in Houston Texas. Proposed penalties total $1,477,500.In July 2009, an employee cleaning a tank was killed in an explosion when an altered piece of equipment ignited flammable vapors inside the tank. The fatality was the third death in less than a year at this employer’s facilities; two hydrogen sulfide exposure-related deaths at a related facility, Port Arthur Chemical & Environmental Services LLC (PACES), occurred in December 2008 and April 2009.
“Proper precaution prevents deaths,” said Secretary of Labor Hilda L. Solis. “Employers should take steps to eliminate hazards and provide a safe working environment for their workers. That is the law.”
Based on the most recent investigation, OSHA has issued 15 willful citations with proposed penalties totaling $1,050,000, alleging that 15 pieces of electrical equipment were unsafe to use in the tank wash area due to the presence of flammable and combustible vapors. Two additional willful citations with proposed penalties totaling $125,000 have been issued. One alleges that CES failed to ventilate tanks in which employees were working, exposing the workers to toxic atmospheric hazards. The other alleges that CES stored flammable and reactive chemicals together, which posed fire and explosion hazards.
In addition, OSHA has issued 54 serious violations with proposed penalties totaling $302,500. These include allegations that CES failed to implement all aspects of the process safety management standard; provide proper respiratory protection, confined space rescue equipment and adequate fall protection; properly install and maintain boiler equipment; implement an emergency response plan, and adequate energy control procedures; train powered industrial truck operators; guard and to anchor machinery adequately; store compressed gas cylinders safely; and label hazardous chemicals.
OSHA previously cited PACES following the Dec.18, 2008 and the April 14, 2009, fatalities and proposed penalties of $16,600 and $207,800, respectively. Both of those fatalities occurred in Port Arthur, Texas. Those citations were contested and are being litigated before the independent Occupational Safety and Health Review Commission. CES and PACES together employ 155 workers.
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).
OSHA Cites Seafood Processor Following Worker Death in Ice Machine
OSHA has cited Northern Wind Inc., a New Bedford, MA, seafood processor, for 23 alleged violations and $66,800 in penalties after a worker was killed on May 4 when he became caught in the moving parts of a large industrial ice-making machine that activated while he was performing maintenance work inside it.
OSHA found that the plant lacked specific steps and procedures to power down and lock out the ice machine’s power source before employees entered it. The agency’s investigation also found that workers were not trained to recognize and address the hazard of the machine operating without warning. In addition, the plant lacked a program and employee training for working in confined spaces, such as the ice machine, and ladders were not available to ensure safe entry and exit from the ice machine.
Additionally, OSHA’s inspection identified unmarked exit doors and a lack of emergency exit route lighting, no eyewash or drenching facilities for employees working with corrosive chemicals, a lack of material safety data sheets and chemical hazard communication training, unguarded open-sided floors, a missing safety latch on a hoisting hook and several electrical-related hazards.
All told, these conditions resulted in the issuance of 19 serious citations, with $62,800 in proposed fines. The company also has been fined $4,000 for four other-than-serious hazards, including incomplete recording of injuries and illnesses. The combined penalties total $66,800.
OSHA is proposing $364,350 in penalties against Frit Car Inc. in Brewton, Ala., for alleged safety and health violations. The inspection began April 3 when four workers were overcome by vapors while working in a confined space.
The company is being cited with five willful violations with a proposed penalty of $315,000 relating to failing to have an assigned attendant outside a limited space work area; not having procedures for alerting emergency services for rescuing workers in a confined space; not having a procedure that would prevent unauthorized personnel from attempting a rescue; failing to train workers who perform work in a confined space; failing to ensure the entry supervisors verified that all the entries were known; and failing to train each member of the emergency response team in confined space rescue.
The facility is also being cited with 17 serious safety and health violations with $47,950 in proposed penalties. The safety hazards include several deficiencies in the company’s enclosed and limited space program, hazards associated with poor housekeeping, no guardrails on walkways, unsuitable eye wash and shower facilities, inoperable safety interlocks on a baler machine, no tongue guard on a bench grinder and a damaged tool. The health violations concern hazards associated with several deficiencies related to noise overexposure, the employer’s respiratory program and a damaged welding lead on the mobile service truck.
Two other-than-serious citations with a $1,400 proposed penalty are being issued to the company for recordkeeping deficiencies and not properly storing air-supplied air respirators after usage.
“This incident could have resulted in fatal consequences because Frit Car management knowingly violated OSHA safety and health standards,” said Kurt Petermeyer, director of OSHA’s Mobile Area Office.
OSHA has proposed $314,000 in fines against Dana Container Inc. of Summit, Ill., for alleged willful, serious and repeat violations of federal workplace safety standards.
As a result of a safety and health inspection, OSHA has cited the company for three willful violations with a proposed penalty of $210,000. The willful citations address the company’s alleged failure to have adequate written programs and permits required for working in confined spaces and not insuring proper working conditions before allowing workers to enter those confined spaces. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.
The company also has been cited for 16 serious violations with proposed penalties of $86,500. Some of the citations allege the company failed to provide proper training and procedures on uses of personal protective equipment such as respirators; review permit space entry operations and permit required confined space programs; install guardrails on elevated runways; provide proper identification and warnings on hazardous material tanks; and provide an adequate hazard communication program.
Dana also has received one citation for a repeat violation with a penalty of $17,500. The alleged repeat violation addresses failure to provide emergency eyewash and a safety shower for employees working with corrosive materials. OSHA issues a repeat violation when it finds a substantially similar violation of any standard, regulation, rule or order at any of an employer’s facilities in federal enforcement states when an initial one previously was cited.
“Injuries and fatalities from accidents such as asphyxiation due to overexposure of hazardous gases are preventable,” said Gary Anderson, OSHA’s area director in Calumet City, Ill. “Employers must remain dedicated to keeping the workplace safe and healthful or face strong enforcement actions by OSHA.”
Dana Container Inc. is a tank washing company that employs about 375 workers nationally. Its facility has been inspected seven times by OSHA, including two inspections after worker fatalities, and the company has received numerous citations from these past inspections.
OSHA has proposed more than $1.1 million in penalties to Milk Specialties Co.
OSHA has cited Milk Specialties Co. in Whitehall with numerous violations of the OSHA standards and proposed $1,145,200 in penalties. OSHA began a December 2008 inspection in response to a complaint alleging a variety of safety hazards at the company’s whey processing plant. Willful citations have been issued for the employer’s failure to comply with OSHA’s confined space entry and Lockout/Tagout requirements. Untrained employees entered confined spaces and performed maintenance and cleaning on powered equipment without protection from various hazards. Proposed penalties for the 17 willful violations total $1,071,000. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.
“I am committed to ensuring workers return home to their families safe and healthy at the end of every shift,” said Secretary of Labor Hilda L. Solis. “Employers must fully address hazards, properly train their employees and plan their work in a safe manner.”
Seventeen serious citations, with proposed penalties totaling $52,400, include combustible dust and electrical hazards; lack of exit route lighting and signage; lack of confined space evaluations; uninspected fire extinguishers; and untrained and uncertified powered industrial truck operators, among other issues.
Four repeat violations with penalties totaling $21,800 address the guarding of floor and wall openings, ladders and respiratory protection, and other issues addressed in previous inspections of this company. OSHA issues a repeat citation when it finds an employer’s violation is substantially similar to a previously cited condition that was affirmed as a violation through a final order of the Occupational Safety and Health Review Commission.
Milk Specialties has been inspected by OSHA 15 times since 1974, including four inspections in Wisconsin between 2006 and 2008, with citations resulting from many of the same safety and health hazards cited in the most recent inspection.
The company engages in the research, development and manufacture of protein and fat products for nutritional applications and feeding regimes that include products such as pasteurized milk extenders, spray-dried protein encapsulated fats, dried whey permeates, and condensed whey and liquid whey products.
More often than not in the course of conversation about my beloved profession the question comes up these days about OSHA , safety, and where it is all headed under the new administration. I have come to the conclusion that my answer is “we are on the verge of a Perfect Storm”. Let me put the factors in motion for you. When the actual Perfect Storm occurred around Halloween of 1991 it was a culmination of three significant weather related events. These events were a low pressure system, a Hurricane, and a high pressure system. I am seeing the same thing today with what is going on with OSHA.
The Low Pressure System - The life cycle of OSHA:
In it’s heyday of the 70’s the agency was new and aggressive and grew to its peak in the Carter administration with almost a “crazed activist” demeanor. During both terms of Reagan and the George H.W. Bush term the agency was still powerful and responsible for such new regulations as Hazard Communication, Control of Hazardous Energy (Lockout/Tagout), Respiratory Protection, and several others.
It wasn’t until the two terms of the Clinton administration that we saw the agency begin to mellow and drift from its origional mission. If you will recall it was Al Gore who proposed a more “mature” OSHA focused around creative partnerships with business and industry and it was only at the midnight hour of the Clinton administration when the poorly written Ergonomic standard was shoved out the door so the George W. Bush administration would have time to kill it, and be blamed for its demise.
Many now refer to OSHA as the toothless tiger and the EPA has significantly upstaged it on the “Fear” meter over the years with a much greater potential of seven figure fines and jail time for business owners and leadership. Â As OSHA is preparing to turn 40 years old many are calling for a complete overhaul of the organization.
The Hurricane - The Recession:
This current economic downturn has become a storm like many businesses have never seen before. Many were not prepared, or simply hit so hard that no amount of preparation would have protected them from its wrath. Employers are hurting. Many are failing and don’t have the luxury of the government jumping in to prop them up through this storm.
Contrary to what some believe, the majority of employers are not the bad guys. They want to do what is the correct and ethical thing.  But in these struggling economic times many have been forced to throw anything they possibly can overboard just to stay afloat. In many instances this may include their occupational safety and health personnel and programs. Right or wrong it was a decision that had to be made.  After all, worker’s compensation premiums and OSHA fines are not what is nipping at the business owner’s heels. It is payroll, cash flow, lost sales, and creditors.  A close friend and Safety Director for a major corporation made a comment to me the other day that when you are consuming all your financial resources to bail the boat, you are not too concerned about your safe boating certification.Â
The High Pressure System – Obama Administration:
Enter the “New OSHA” under the direction of Labor Secretary Hilda Solis. Ms. Solis has been an outspoken critic of OSHA for some time and has made it clear under her direction OSHA is about to heat up enforcement and promulgate new standards. In a speech given by Solis in April she made the following statements.
“Under my watch, enforcement of our labor laws will be intensified to provide an effective deterrent to employers who put their workers’ lives at risk. OSHA and MSHA will be about workers — not voluntary programs and alliances.”
Then Jordon Barab, Solis’ pick to run OSHA (for now) who’s opinions and thoughts are easy to find and read due to his five year diatribe on safety, OSHA, and his antipathy toward the republican party on his blog that he calls “confined space“. It is quite possible that he could be the most radical and aggressive OSHA leader since Eula Bingham during the Carter administration. OSHA under Barab has already committed to an increased budget, adding over a hundred new enforcement officers and the rapid development of over a half a dozen new regulations. There is strong congressional action as well that would increase the monetary amount of OSHA fines as well as the likelihood of jail time for individuals for specific OSHA violations.
Convergence:
As these three factors begin to converge I suspect the worst possible scenario. What was once viewed by many as pretty much a toothless tiger is rapidly evolving into a hungry beast with an attitude. Employers distracted by other issues and in a survival mood being caught unaware and unprepared now become the victim of their own ignorance and the changing winds of this growing storm.
I don’t have a crystal ball but from my perspective some of this is pretty obvious. Expect much more aggressive enforcement of OSHA regulations. We are already seeing it on a federal level with more utilization of willful and repeat penalties that are carrying the maximum allowed fines.Look for significant increases in criminal prosecution of business owners and senior leadership when it comes to work place fatalities, catastrophes, and serious injuries. Just a few weeks ago a California business owner was given nine months in jail and ordered to personally pay nearly $250,000 in restitution due to two workers falling through skylights during roofing work.   I am afraid these types of stories are going to become more commonplace when employers are forced to make hard decisions in order to keep their business afloat as they stretch their resources even thinner. If businesses don’t have the capital then they can’t replace aging machinery and processes, they will be forced to cut back on preventive maintenance, personnel, equipment and training. We will begin to see more catastrophic events such as the ConAgra explosion in North Carolina, the ammonia leak in Kentucky and many others.
Expect to see new regulations in relative short order. These will include Occupational Exposure to Crystalline Silica, Occupational Exposure to Beryllium, Methylene Chloride, Occupational Exposure to Diacetyl, Confined Space in Construction, Cranes and Derricks in Construction, Ergonomics, and Combustible Dust. This will stretch employers even further as they struggle to implement these new programs. Are they necessary? Probably some, but I fear the current administration is going to be the preverbal “Bully in the Playground” and the scene is not going to be pretty.
On top of all of this, when you look at where workers are really getting killed while in the work environment, 57% of the occupational fatalities in 2007 occurred in either auto or transportation related events; or due to homicide or other workplace violence events. OSHA has no regulations for either of these, nor are they in the hopper for rule making. I ask why? As an example the OSHA standard for powered industrial trucks does not specifically require the operator to wear a seat belt or other restraint device.
Don’t bother to contact me and tell me OSHA can and does cite for powered industrial truck operators who don’t wear seat belts. I know they use the general duty clause. My point is it’s not in the standard.
Outcome:
Some will not survive the storm. A few business owners will be put out of business and made an example of, with costly fines and prison time. Some will throw up their hands in defeat and either sell the company or close their doors for good. A number will take the risk, do nothing and slip under the radar screen, at least for a while. There is also a number with superior safety and health plans who are basically in compliance already. The vast majority will go to great pains and expense to achieve compliance the best they can.
After all this, I predict we will see little decline in the overall injury and fatality rates over the next several years but a lot of casualties along the way.
This commentary presented by Dwayne Towles Vice President of Advanced Safety & Health. To receive our monthly electronic safety newsletter click here and scroll to the bottom right corner of the page.Â
OSHA has cited Victoria-Calhoun Grain Co., following a worker’s fatality, with three alleged willful and 32 serious violations of safety standards totaling just over $100,000 at the company’s facility in Placedo, Texas.“Employers must ensure employees are fully trained and protected from all hazardous conditions in and around grain storage units,” said Michael Rivera, OSHA’s area director in Corpus Christi, Texas. “In this case, the employee was walking on top of the grain using a pole to loosen it. When the grain collapsed beneath him, he became engulfed and suffocated.”OSHA’s Corpus Christi Area Office began its investigation Oct. 1, 2008, at the company’s facility on Main Street in Placedo. The investigation found willful violations including failing to provide lockout/tagout safeguards during confined space entry and failing to provide workers with personal protective equipment. OSHA defines a willful violation as one committed with intentional disregard of, or plain indifference to, the requirements of the Occupational Safety and Health Act.Serious violations include failing to train employees about hazardous conditions associated with grain storage facilities and confined space entry, to ensure that floor openings holes were properly guarded and to implement a respiratory protection program. 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.Victoria-Calhoun Grain, which employs about 25 workers at its Placedo location, is an agricultural storage facility engaged in buying, receiving and marketing grain, such as corn, sorghum and oats, from farmers.
OSHA has cited Oxbow Calcining LLC of Kremlin for $75,600 and Kansas City, Mo.-based Geo. P. Reintjes Co. Inc. for $49,050 for alleged safety and health violations following the death of a worker on North 30th Street in Kremlin.OSHA’s Oklahoma City Area Office began its inspection Sept. 22, 2008, following a release of steam and heated petroleum coke - materials heated in an industrial process - that occurred the day before while workers were removing refractory brick used for lining furnaces in kiln chambers. Three workers employed by Geo. P. Reintjes Co. Inc., the subcontractor, were severely burned, one of whom later died.
Oxbow Calcining, a subsidiary of the Oxbow Group headquartered in West Palm Beach, Fla., was cited with one willful violation for failing to follow written procedures for demolition of a refractory kiln. Citations also included two serious violations for failing to ensure employees were informed about the hazards associated with hot petroleum coke and failing to ensure workers were using the required personal protective equipment.
Geo. P. Reintjes Co. Inc., doing business as Reintjes Refractory Contractors, was cited with nine serious violations, including failing to use safe operating procedures for normal shut-down and tear-out of refractory materials at the kiln chamber, failing to provide necessary machine guarding and failing to adequately erect scaffolding.
