OSHA cited American Felt & Filter Co. for 35 alleged violations of workplace safety and health standards at its New Windsor plant. The company, which manufactures woolen felt for a variety of products, faces a total of $146,300 in proposed fines following an inspection by OSHA’s Albany Area Office.
“Our inspections identified numerous safety and health hazards, including several similar to those cited during earlier OSHA inspections of this facility,” said Arthur Dube, the agency’s acting area director in Albany.” Left uncorrected, these hazards expose employees to possible electrocution, crushing and struck-by injuries, being caught in moving machine parts, hearing loss, falls, eye and hand injuries, asbestos and lead.”
In addition to identifying machine guarding and electrical hazards, OSHA found that the plant failed to inspect cranes and lifting devices; remove an unsafe powered industrial truck from service; properly stack materials; monitor noise levels, and test and train employees exposed to excessive noise levels; provide first-aid supplies, eye and hand protection, and an emergency eyewash; ensure appropriate respiratory protection and other safeguards for employees exposed to lead; perform asbestos exposure monitoring; identify and label asbestos-containing materials; and provide training for employees on asbestos hazards. These conditions resulted in citations for 32 serious violations carrying $118,580 in penalties. 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.
Three repeat violations carrying $27,720 in fines involve unguarded lathes and failure to implement an effective respiratory protection program. A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years. OSHA cited the plant for similar hazards in 2007.
“One means of preventing new and recurring hazards is to implement and maintain an effective illness and injury prevention program in which management and employees work together to proactively identify and eliminate hazardous conditions,” said Robert Kulick, OSHA’s regional administrator in New York.
Piping Technology and Products Misled OSHA about Amputation Hazard
Following a complaint from an employee, OSHA cited Piping Technology and Products Inc. for 13 willful and 17 serious violations for exposing workers to the risk of amputations and other serious injuries from dangerous machinery, as well as other hazards, at the company’s Houston facility. Proposed penalties total $1,013,000.
“Repeatedly ignoring the law while risking workers’ lives and providing misleading information to federal investigators will not be tolerated,” said Secretary of Labor Hilda L. Solis. “Employers who endanger the lives and limbs of their employees must be held accountable.”
A worker at Piping Technology contacted OSHA earlier this year, alleging a lack of brakes on overhead cranes and unguarded presses at the company’s facility on Holmes Road. This complaint triggered an investigation by OSHA’s Houston South Area Office. In addition to substantiating the complaint items, the inspection found that employees were permitted to cut metal I-beams and pipes without the proper machine guarding, which exposed them to possible severe injuries. Additionally, OSHA inspectors found that during machine maintenance, workers were exposed to the unexpected release of stored energy because of improper safeguards.
“Piping Technology deliberately exposed its workers who operate band saws and other dangerous machinery to amputation hazards while misleading OSHA investigators about the use of these machines,” said Assistant Secretary of Labor for OSHA Dr. David Michaels.
The willful violations involve the failure to guard seven band saws and to lock out all of the sources of hazardous energy to six pieces of equipment before service and maintenance. Each of the 13 citations carries a penalty of $70,000, for a total of $910,000. 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 17 serious violations, with penalties totaling $103,000, involve the failure to guard other machines and grinders properly, ensure that openings on electrical equipment were securely closed, provide fall protection training and ensure that employees wore hard hats when exposed to overhead hazards. 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.
Piping Technology had knowledge of OSHA requirements due to citations issued in 1986, 1994, 2004 and 2005 that specifically addressed the need to guard the band saws used in production processes. In 2004 and 2005, OSHA cited the company with penalties totaling $82,500 and $33,000, respectively, for a variety of workplace hazards that included lockout/tagout violations.
OSHA has placed Piping Technology in its Severe Violator Enforcement Program, which mandates targeted follow-up inspections to ensure compliance with the law. Initiated in June 2010, the program focuses on recalcitrant employers that endanger workers by committing willful, repeat or failure-to-abate violations. For more information on SVEP, visit http://s.dol.gov/J3.
OSHA cited Boomerang Tube LLC for six willful, nine serious, and one other-than-serious violation at the company’s facility in Liberty, TX where three employees were seriously injured within a period of five months. Proposed penalties total $468,000.
“This employer jeopardized the safety of its employees by failing to follow OSHA’s safety standards for energy control procedures and machine guarding,” said John Hermanson, OSHA’s regional administrator in Dallas. “It is very unfortunate that these workers were so seriously injured when the causes should have been prevented.”
OSHA’s Houston North Area Office began an investigation June 14 in response to a complaint from one of the injured employees that workers faced unsafe conditions while operating cranes and slitter, rolling and thread machines; performing service and maintenance work; and stacking and loading pipes in the yard and on trucks at the company’s work site on Farm to Market 3361. In April, an employee was injured from becoming caught in an operating machine and in May, a second employee was struck by a piece of steel and knocked into a 5-foot-10-inch concrete pit. In September, another employee was injured from becoming caught in machinery. All three had to be flown to a local hospital due to the severity of their injuries.
The willful violations were cited for failing to repair a damaged under-hung crane, which lifts and lowers materials; ensure the use of lockout/tagout procedures to control the energy sources of equipment; and provide the required machine guarding on the pipe manufacturing line. 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 violations include failing to repair defective hook latches on operating cranes; ensure the facility was clear of trip and fall hazards, such as providing a cover for an open pit; and failing to ensure that loads did not exceed the rated capacity of industrial trucks. 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
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The other-than-serious violation was for failing to maintain required records of injuries and illnesses. 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.
OSHA cited Legend Tube and Metal Sales Inc. in Cleveland for 21 safety (including three willful) and health violations for operating unsafe cranes that struck and injured two workers at the steel service center. The company faces proposed fines of $157,200.
“Legend Tube and Metal Sales has a responsibility to ensure that its workers are protected from hazards associated with crane operations and to comply with relevant OSHA standards,” said Howard Eberts, OSHA’s area director in Cleveland. “Employers must be aware of the hazards that exist at their facilities and take appropriate measures to protect workers’ health and safety.”
An investigation was initiated after OSHA received complaints that two workers had been struck by overhead cranes at the facility, one on May 9 and another on May 10. The three willful safety violations, with proposed penalties of $126,000, were cited for operating a 20-ton, cab-operated crane and a 5-ton, floor-operated crane with the hoist blocks and hooks stuck in position approximately 6 feet off the ground, causing a “struck-by” hazard for workers; failing to establish a preventive maintenance program for the company’s eight cranes; and failing to have a gong or other effective warning signal on a 20-ton, cab-operated crane.
A willful violation is one committed with intentional, knowing or voluntary disregard for the law’s requirement, or plain indifference to employee safety and health.Eleven serious safety violations, with proposed fines of $29,400, were cited for failing to provide machine guarding on the horizontal band saw and radial arm saw, failing to develop an energy control program, using defective and worn slings throughout the facility, permitting various electrical violations to exist and using electrical equipment in need of repair. 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.
Seven other-than-serious health violations, with proposed fines of $1,800, were cited for failing to record workplace injuries and illnesses on the OSHA 300 log, including the incidents that occurred on May 9 and 10; failing to maintain fire extinguishers; exposing electrical equipment to water from a leaking roof; and failing to provide sufficient space around electrical equipment. 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 injury.
Are You Inspecting Your Forklifts and/or Cranes? Do You Have the Documentation to Prove It?
Do you have powered industrial trucks (PITs), such as forklifts, at your facility? What about cranes and hoists?
If you have forklifts and/or cranes, are you inspecting them properly? OSHA requires daily inspections of both types of equipment before use. Many of the inspections are to be performed by each shift in facilities with more than one shift. Inspections will help assure that your forklifts and cranes are maintained properly and repaired when needed and will prevent unnecessary injuries and property damage.
To assist in your inspections, Advanced Safety & Health has developed durable inspection tags for either powered industrial trucks or cranes and hoists. One side of the tags lists the items to be checked and the other side allows the operators to record the date, month, year, and shift for each inspection. All tags are laminated and may be customized for your particular equipment or facility. Contact Jamie Jarboe at 502-240-6910 or jjarboe@advancedsafetyhealth.com for pricing and further information.
The tags provide excellent documentation that your facility is performing the necessary inspections and meeting the OSHA requirements. See 1910.179(j)(1) overhead and gantry cranes and 1910.178(q)(7) powered industrial trucks for complete OSHA standard information on inspections.
OSHA published the rule in August 2010 to address the number of worker injuries and deaths associated with the use of cranes and derricks in construction. The rule also addresses technological advances in equipment since the old rule was issued in 1971.
“Over the past four decades, we’ve continued to see a significant number of worker injuries and deaths from electrocution, crushed-by and struck-by hazards while performing cranes and derricks operations,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “This guide will help employers understand what they must do to protect their workers from these dangerous, sometimes fatal incidents.”
The small business guide is divided into chapters that correspond to sections of the standard. This guide accompanies other OSHA compliance materials on crane-related topics available on the agency’s Web site including a PowerPoint overview, Web chat transcript, Webinar, list of frequently asked questions, and fact sheets. Visit OSHA’s Cranes and Derricks in Construction Web page to view these products.
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to assure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.
OSHA announced in late July that it is issuing a new rule addressing the use of cranes and derricks in construction, which will replace a decades-old standard. Approximately 267,000 construction, crane rental and crane certification establishments employing about 4.8 million workers will be affected by this new rule.
“The significant number of fatalities associated with the use of cranes in construction led the Labor Department to undertake this rulemaking,” said Secretary of Labor Hilda L. Solis. “After years of extensive research, consultation and negotiation with industry experts, this long overdue rule will address the leading causes of fatalities related to cranes and derricks, including electrocution, boom collapse and overturning.”
The previous rule, which dated back to 1971, was based on 40-year-old standards. Stakeholders from the construction industry recognized the need to update the safety requirements, methods and practices for cranes and derricks, and to incorporate technological advances in order to provide improved protection for those who work on and around cranes and derricks.
“The rule addresses critically important provisions for crane operator certification, and crane inspection, set-up and disassembly,” said Assistant Secretary of Labor for OSHA Dr. David Michaels. “Compliance with the rule will prevent needless worker injuries and death, and provide protection for the public and property owners.”
The new rule is designed to prevent the leading causes of fatalities, including electrocution, crushed-by/struck-by hazards during assembly/disassembly, collapse and overturn. It also sets requirements for ground conditions and crane operator assessment. In addition, the rule addresses tower crane hazards, addresses the use of synthetic slings for assembly/disassembly work, and clarifies the scope of the regulation by providing both a functional description and a list of examples for the equipment that is covered.
In 2003, the secretary of labor appointed 23 experienced Cranes and Derricks Advisory Committee members representing manufacturers and trade associations, who met 11 times until a consensus on the regulatory text was reached in July 2004. The proposed rule was published Oct. 9, 2008, and the public was invited to submit comments until Jan. 22, 2009. Public hearings were held in March 2009, and the public comment period on those proceedings closed in June 2009. OSHA staff incorporated input from the public comments and testimony to develop the final regulatory text.
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. 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.
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.
To coincide with the proposed rule on Cranes and Derricks in Construction, published in the October 10th Federal Register, OSHA has initiated a National Crane Safety Initiative to address safety hazards during construction crane operation.
The Crane Safety Initiative also builds on a number of steps taken by OSHA earlier this year to raise awareness on crane safety and increase enforcement of the current standards, including launching local emphasis programs in a number of regions to inspect high-rise construction, stakeholder outreach and additional training on crane safety.
“Three important features of this initiative are that it will provide information and outreach to the construction industry and other stakeholders, offer enhanced resources to OSHA inspectors who address crane safety and implement a National Emphasis Program on Crane Safety,” said Assistant Secretary for Occupational Safety and Health Edwin G. Foulke Jr. “The Bureau of Labor Statistics recently reported the 2007 fatality rate was the lowest in recorded history, including a reported five percent reduction in fatalities for the construction industry. This initiative builds upon this successful record.”
Through its agency partners in the construction industry, OSHA will increase awareness of and provide information on how to avoid crane hazards. The agency’s compliance safety and health officers will receive enhanced resources on crane safety. Additionally, the National Emphasis Program will incorporate increased targeted inspections of construction worksites to identify crane hazards and promote compliance with workplace crane safety requirements.
OSHA’s proposed rule on cranes and derricks addresses the key hazards associated with construction cranes and derricks.
OSHA is proposing a rule to protect employees from the hazards associated with hoisting equipment when used to perform construction activities. Under this proposed rule, employers would first determine whether the ground is sufficient to support the anticipated weight of hoisting equipment and associated loads.
The employer then would be required to assess hazards within the work zone that would affect the safe operation of hoisting equipment, such as those of power lines and objects or personnel that would be within the work zone or swing radius of the hoisting equipment. Finally, the employer would be required to ensure that the equipment is in safe operating condition via required inspections and employees in the work zone are trained to recognize hazards associated with the use of the equipment and any related duties that they are assigned to perform.
Do you have powered industrial trucks (PITs), such as forklifts, at your facility? What about cranes and hoists?
WASHINGTON – The Occupational Safety and Health Administration today issued the 