How often do you visit a construction site and see electrical tape on extension cords?  The question always comes up: “Is it an OSHA violation?”  Recently OSHA issued two new letters on April 4, 2010 http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=27353 and April 12, 2010 http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=27356  Both of these letters state that the cord in question can be repaired as long as it is repaired back to its original “approved” state. 

However, one must understand what is the original “approved” state?  According to OSHA, the definition for “approved” (29 CFR1926.449) is:
“Acceptable to the authority enforcing this subpart.  The authority enforcing this subpart is the Assistant Secretary of Labor for the Occupational Safety and Health.”

Under this same section of the standard, the term “Acceptable” is defined as:
(a) If it is accepted, or certified, or listed, or labeled, or otherwise determined to be safe by a qualified testing laboratory capable of determining the suitability of materials and equipment for installation and use in accordance with this standard; or
(b) With respect to an installation or equipment of a kind which no qualified testing laboratory accepts, certifies, list. Labels or determines to be safe, if it is inspected or tested by another Federal agency, or by a State, municipal, or other local authority responsible for enforcing occupational safety provisions of the National Electrical Codes, and found in compliance with those provisions; or
(c) With respect to custom-made equipment or related installations which are designed, fabricated for, and intended for use by a particular customer, if it is determined to be safe for its intended use by its manufacturer on the basis of test data which the employer keeps and keeps available for inspection to the Assistant Secretary and his authorized representatives.

Cords are approved as a complete whole factory item based on their design, capacity, materials, and construction. The use of electrical tape changes the design, capacity, materials, and construction; therefore, to be approved it must be sent out to a qualified testing laboratory to ensure that it still meets the requirements as it was designed to be an “Approved” Cord.

So, in short, hold the electrical tape and go buy a new drop cord.

MOBILE, Ala. — The U.S. Department of Labor’s Occupational Safety and Health Administration is proposing $63,700 in penalties against Daehan Solution Alabama LLC in Hope Hull, Ala., for safety violations.

An inspection in October 2009 began after an employee sustained an amputation of three fingers on one hand. The investigation revealed that the company had violated OSHA standards by failing to provide proper machine guarding. The employer allowed the light curtains, an invisible infra-red beam used for employee protection, to be overridden and remain inoperable for a period of two years. If the light curtain had been operating correctly, the amputation could have been avoided.

As a result, OSHA is proposing one willful violation carrying $49,000 in proposed penalties. The agency defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.

Seven serious violations, with proposed penalties of $14,700, included open-sided floors, electrical hazards, other machine guarding deficiencies and failure to label stop buttons.

“If the employer had implemented the recommended safety procedures by having proper machine guarding on equipment, these needless injuries could have been avoided,” said Kurt Petermeyer, OSHA’s area director in Mobile.

The U.S. Consumer Product Safety Commission, in cooperation with Howard Berger Company, has announced a voluntary recall of Indoor and Outdoor Extension Cords and Power Strips. Consumers should stop using recalled products immediately unless otherwise instructed.  There are about 12,000 of these units currently in use.

It has been determined that the extension cords and power strips have inadequate coating material around the cords and copper conductors that are smaller than required, posing a fire hazard to consumers.  This recall involves Brightway heavy duty outdoor extension cords and Brightway indoor household extension cords and power strips. Model numbers involved in the recall are R2600 through R2615 (outdoor extension cords), EE6 through EE20 (indoor extension cords) and MP6DG (power strips). “Brightway” is printed on the cords. Model numbers are printed on the product’s packaging.

These units were sold at hardware and discount stores nationwide from August 2009 through October 2009 for between $1 and $20.  Consumers should immediately stop using the extension cords and power strips and return them to the place of purchase for a full refund.

For additional information, contact Howard Berger at (800) 221-6895 between 8 a.m. and 5 p.m. PT Monday through Friday, visit the firm’s Web site at www.hberger.com. Consumers can also email the firm at robertwinterstein@hberger.com

Federal OSHA has cited the Allen Family Foods Inc. poultry processing facility in Harbeson Delaware for exposing workers to a variety of workplace safety hazards. Proposed penalties total $182,200.

OSHA initiated an investigation on Sept. 9, 2009, in response to a referral made by Maryland Occupational Safety and Health after numerous serious and willful violations were issued at a similar processing facility in Maryland.

OSHA has cited the company with 45 serious violations and proposed a penalty of $182,000, and two other-than-serious violations with a proposed penalty of $200. The serious violations address hazards with industrial trucks, falls, personal protective equipment, machine guarding, electrical hazards, process safety management, respirators and emergency response.

“It is vital that the company abate these hazards as quickly as possible to ensure that safety and health of workers at that facility are not at risk,” said Domenick Salvatore, director of OSHA’s Wilmington, Del., office.

The Maryland inspection netted three proposed “willful” violations involving Lockout/Tagout and machine guarding.  Proposed penalties of $109,750.

COMPUSPAR USA Inc. has been cited again by OSHA for failing to abate previously cited workplace safety and health violations. Penalties total $101,700.

OSHA initiated its investigation on Sept. 15, 2009, to determine the abatement status of previously identified hazards. As a result of the investigation, the company has been cited with four failure to abate violations with a penalty of $83,400. The company also has been cited for six repeat violations with a penalty of $11,400; six serious violations with a penalty of $6,900; and one other-than-serious violation, which carries no penalty.

“The company’s refusal to abate these violations leaves its employees exposed to a variety of hazards and at risk of injury and illness,” said Jean Kulp, area director of OSHA’s Allentown office. “It is imperative that COMPUSPAR take all necessary steps to remove these hazards to ensure the safety and health of workers at the Allentown facility.”

The failure to abate citations address the company’s failure to maintain OSHA 300 logs for two years; to develop and implement a hazard communication program; to train employees on hazardous chemicals; and to develop and implement a respiratory protection program. The repeat violations include the company’s failure to maintain a material safety data sheet for hazardous chemicals used in the spray painting operation; failure to cover flammable liquids; use of unapproved electrical equipment in hazardous locations; lack of proper ventilation in a spray booth and the lack of cleanliness of the spray area. OSHA issues a repeat violation when an employer previously was cited for the same or similar violation of any standard, regulation, rule or order at any other facilities in federal enforcement states within the last three years.

The serious violations are due to the company’s failure to properly label a drum containing hazardous chemicals; failure to properly guard machinery; improper use of electric boxes and the use of a power strip as an alternative to fixed wiring.

COMPUSPAR USA Inc. repairs and reworks electronic and electromechanical equipment, and employs 76 workers at its Allentown Pennsylvania site.

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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Federal OSHA has proposed $97,500 in fines against C&S Wholesale Grocers for alleged repeat and serious violations of safety standards following inspections of company warehouses in Windsor Locks and Suffield, Conn. The bulk of the citations and fines address the recurrence of hazards cited during a 2008 OSHA inspection of the Windsor Locks warehouse.

“Unfortunately, several of the hazardous conditions cited in 2008 have returned, again putting workers at risk of serious injuries or death from electrical and crushing hazards,” said Robert Kowalski, OSHA’s acting area director in Hartford. “The sizable fines proposed here reflect both the gravity and recurring nature of these hazards. This employer must implement effective and continual corrective action to eliminate these hazards at all its locations, now and in the future.”

The current OSHA inspection found damaged storage racks, an ungrounded energized dock light, an energized wall outlet box lacking a knockout plug, and unguarded moving machine parts at Windsor Locks; no auxiliary lighting for powered pallet jacks at Suffield that were operating in areas where the dock lights were not in working order; and exposed energized electrical conductors on loading dock lamps at both locations. Since OSHA cited the company in July 2008 for similar hazards, these latest conditions resulted in the issuance of seven repeat citations with $82,500 in proposed fines.

Three serious citations, with $15,000 in fines, were issued for allowing the use of man basket lifts on powered industrial trucks without first obtaining the manufacturer’s approval, exposed live electrical parts and exposed electrical conductors.

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Federal OSHA issued three Mueller Industries Inc. subsidiaries in Fulton Mississippi 128 citations for allegedly exposing workers to safety and health hazards. The privately-held corporation headquartered in Memphis, Tenn., owns and operates 20 facilities located in eight states and two foreign countries.

OSHA began its investigation in July 2009 after a maintenance worker employed by Mueller Copper Tube Co. Inc., a subsidiary of Mueller Industries, was killed, and two other workers were injured when naphtha, a flammable liquid of hydrocarbon mixtures, leaked from an electric pump and ignited.

“Mueller Industries subsidiaries’ dangerous practices exposed workers at their facilities to a variety of hazards that ultimately took one worker’s life,” said Assistant Secretary of Labor for OSHA Dr. David Michaels. “The significant fines of $683,000 cannot replace this worker’s life or bring peace to the family, but they will go a long way in letting this employer know disregarding worker safety and health will not be tolerated.”

Mueller Copper Tube has been issued willful, repeat and serious citations. A willful citation with a penalty of $40,000 alleges the failure to repair a corroded live electrical disconnect, which exposed workers to electrical shock. Ten repeat citations with penalties of $150,000 allege failure to guard machinery; unsafe electrical equipment and practices; and failure to label hazardous chemicals. Sixty-nine serious citations, with proposed penalties of $223,500, allege unsafe cranes; fall hazards; unsafe ladders; blocked and inadequate exits; unsafe flammable liquid and compressed gas use and storage; locking out hazardous energy sources during maintenance and service; a lack of machine guards; unsafe electrical equipment and practices; and failure to establish a respiratory protection program.

The initial safety inspection at Mueller Cooper Tube was expanded to include Mueller Fittings LLC and Mueller Packaging LLC, two additional subsidiaries of Mueller Industries. Mueller Fittings has been issued 22 serious citations, with penalties of $64,000, alleging the failure to lock out energy sources, unsafe propane storage and handling, overexposure to noise, unsafe material storage, and the likelihood of exposure to bloodborne pathogens. Eight repeat citations also have been issued, with penalties of $102,500, alleging a lack of machine guarding, electrical hazards and the inadequate labeling of hazardous chemicals.

Mueller Packaging has been issued 12 serious citations, with penalties of $28,000, alleging unsafe crane operation, failing to lock out sources of hazardous energy, hazardous chemical exposures, and overexposure to noise; five repeat citations, with penalties of $75,000, alleging an unsafe forklift modification, electrical hazards and inadequate labeling under the hazard communication standard; and one other-than-serious violation, with no penalty, for an electrical deficiency.

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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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Sony Recalls Computer AC Adapters Due to Shock Hazard

The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed.

69,000 of the Sony VAIO AC  Adapters out of San Diego, California were recalled.  It appears that the insulation inside the adapter can fail over time, posing an electrical shock hazard. There have been four reports of the adapters short circuiting.  None of these occurred in the US and no injuries have been reported.

Consumers should turn off their computer, unplug it and stop using the recalled AC adapters immediately and contact Sony to arrange for a free replacement of the affected AC adapter.The recalled AC adapter model is the Sony VGP-AC19V17, which was supplied for use with the following Sony products:

Product Types Using the AC Adapters

• All-in-one VAIO Desktop Computers
• VAIO Docking Stations

Product Models Using the AC Adapters

• VGC-LT series and VGC-JS2 series
• VGP-PRBX1 and VGP-PRFE1

These adapters were sold at SonyStyle stores and Web site, authorized electronics retailers and authorized business- to- business dealers nationwide from September 2005 through October 2009 for between $900 and $3300 for desktop computers and $250 and $300 for docking stations.

Consumer Contact: For more information, contact Sony toll-free at (877) 361-4481 anytime, or visit the firm’s Web site at esupport.sony.com/ac19adapter

CPSC is still interested in receiving incident or injury reports that are either directly related to this product recall or involve a different hazard with the same product. Please tell us about it by visiting

https://www.cpsc.gov/cgibin/incident.aspx

The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of serious injury or death from thousands of types of consumer products under the agency’s jurisdiction. The CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard. The CPSC’s work to ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters, and household chemicals - contributed significantly to the decline in the rate of deaths and injuries associated with consumer products over the past 30 years.

To report a dangerous product or a product-related injury, call CPSC’s Hotline at (800) 638-2772 or CPSC’s teletypewriter at (301) 595-7054. To join a CPSC e-mail subscription list, please go to https://www.cpsc.gov/cpsclist.aspx. Consumers can obtain recall and general safety information by logging on to CPSC’s Web site at www.cpsc.gov.

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