OSHA has cited APC Paper Co. Inc. for alleged willful, repeat and serious violations of workplace safety and health standards following the July 26, 2010, death of a worker at the company’s paper mill in Claremont, N.H. Penalties are $288,000.

The worker died after he was pulled into the running nip points of a paper roller while hand-feeding paper into the roller. OSHA’s inspection found that the company failed to provide an effective means of directing paper into the roller’s nip points that would have precluded the hand-feeding. The company also failed to guard various other moving parts on the paper machine against employee contact. As a result, OSHA issued APC Paper three willful citations for these conditions. A willful violation exists when an employer has demonstrated either an intentional disregard for the requirements of the law or plain indifference to employee safety and health.

“Had the company utilized a safe and effective means of automatically feeding the roller, instead of relying on hand-feeding, this incident and the resulting loss of this worker’s life would not have occurred,” said Rosemarie Ohar, OSHA’s area director for New Hampshire.

OSHA issued the company seven serious citations for more hazards at the mill, including lack of guardrails on the paper machine and the building’s roof; not training employees who worked on and tested live electrical equipment; not de-energizing live equipment and employing safe electrical work practices; not providing employees with hearing protection refitting and retraining when hearing loss was detected; and additional machine guarding hazards. OSHA issues a serious citation 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 other-than-serious citations were issued for incomplete and inadequate recording of hearing loss, and other illness and injury data.

The company was issued one repeat citation for not guarding the calendar stack on the paper machine, a hazardous condition similar to one that OSHA cited in November 2009 at the company’s Norfolk, N.Y., plant. A repeat violation is issued 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.

APC Paper Co. Inc. faces a total of $288,000 in proposed fines, including $210,000 for the willful citations, $40,000 for the serious citations, $3,000 for the other-than-serious citations and $35,000 for the repeat citation.

OSHA cites Miami business for deliberately failing to protect employees from lead exposure and issues Lead Enterprises Inc. 32 citations and more than $307,000 in penalties. Parent company no stranger to OSHA.

The U.S. Department of Labor’s Occupational Safety and Health Administration has issued citations to Lead Enterprises Inc. in Miami, Fla., alleging that the company knowingly neglected to protect employees from lead exposure. The company is being cited with 32 safety and health violations, and $307,200 in total proposed penalties.

“This company was well aware of what it needed to do to protect its workers from a well-known hazard but failed to provide that protection,” said Assistant Secretary of Labor for OSHA Dr. David Michaels. “Lead exposure can cause many serious health issues including brain damage, kidney disease and harm to the reproductive system. Such a blatant disregard for OSHA’s lead standard is shameful and will not be tolerated.”

Lead Enterprises is a lead recycling and manufacturing company that produces lead products, including fish tackle, lead diving weights and lead-lined walls used in medical radiology facilities.

As a follow-up to a 2009 inspection, OSHA conducted a July 2010 inspection that resulted in four willful citations and proposed penalties of $224,000. The citations allege violations of OSHA’s lead standard including exposing workers to lead above the permissible exposure limit; not providing engineering controls to reduce exposure; failure to perform ventilation measurements; failure to provide a clean change area; and failure to provide a suitable shower facility for workers exposed to lead above the permissible level. A willful violation exists when an employer has demonstrated either an intentional disregard for the requirements of the law or plain indifference to employee safety and health.

Additionally, 21 serious citations with proposed penalties of $70,400 allege that Lead Enterprises failed to perform an initial exposure determination for workers who clean the facility, to conduct quarterly monitoring, to notify workers of air monitoring results, to provide appropriate protective clothing, to maintain surfaces free from lead accumulation, to properly store oxygen and acetylene tanks in the facility, properly install production equipment, and to fix or remove defective forklift trucks. 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 management of Lead Enterprises acknowledged awareness of the OSHA lead standard and the dangers associated with lead exposure but continued to allow the hazard to exist, exposing employees to a serious health risk,” said Darlene Fossum, OSHA’s area director in Fort Lauderdale.

Three repeat citations with a proposed penalty of $11,200 have been issued, alleging that the company failed to cover electrical wires on a furnace fan motor and record injuries on the OSHA recordkeeping forms for 2008 and 2010. A repeat citation is issued 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.

Two other-than-serious citations were issued with $1,600 in proposed penalties for failing to record instances of medical removal on OSHA 300 logs, and label containers that held lead-contaminated clothing. Two additional other-than-serious citations with no monetary penalties have been issued for failing to certify forklift operators and notify the laundering facility of lead exposure dangers.

In August 2010, OSHA issued citations to E.N. Range Inc. in Miami, a sister company of Lead Enterprises. E.N. Range is the primary lead supplier for Lead Enterprises, and both companies have the same owner. The earlier citations alleged that E.N. Range knowingly neglected to protect employees who clean gun ranges from serious overexposure to lead. E.N. Range also was cited for providing, without medical supervision, non-Food and Drug Administration-approved treatments for lead exposure. The company was cited for more than 50 violations of the lead and other standards, with total proposed penalties of $2,099,600. It is currently contesting the citations and penalties.

US Labor Department’s OSHA proposes $238,000 in fines against US Postal Service for electrical hazards at Shrewsbury, Mass., mail processing facility

The U.S. Department of Labor’s Occupational Safety and Health Administration has cited the U.S. Postal Service for willful and serious violations of safety standards following an inspection at the Central Massachusetts Processing and Distribution Center in Shrewsbury, Mass. The Postal Service faces a total of $238,000 in fines, chiefly for exposing workers to electrical hazards.

“These sizable fines reflect the Postal Service’s knowledge of and failure to address these hazards,” said Assistant Secretary of Labor for OSHA Dr. David Michaels. “For years, the Postal Service knew that allowing untrained employees to work on electrical equipment exposed workers to serious injury or worse. Despite this knowledge, the Postal Service did not take the necessary steps to change its practices and eliminate the hazards.”

OSHA’s inspection, which began June 29 in response to a worker complaint, found that unqualified employees at the Shrewsbury location were allowed to work on and test energized electrical circuits and equipment. In addition, electrical equipment had not been de-energized prior to maintenance being performed, and employees were not supplied with insulated tools and equipment.

These conditions resulted in the issuance of three willful citations, with $210,000 in proposed fines. OSHA defines a willful violation as one committed with intentional knowing or voluntary disregard for the law’s requirements, or with plain indifference to worker safety and health.

OSHA also issued the Postal Service four serious citations, with $28,000 in fines, for lack of employee training in safety-related electrical work practices, lack of personal protective equipment, inadequate voltage meters and failing to perform periodic inspections of the Shrewsbury facility’s energy control procedures. OSHA issues serious citations 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.

SCHILLER PARK, Ill. – The U.S. Department of Labor’s Occupational Safety and Health Administration has cited Schiller Park-based Interstate Brands Corp., a manufacturer of bakery products, with 20 alleged safety violations for failing to properly train workers who operate powered industrial trucks, and protect workers from electrical shock hazards and dangerous high-speed rotating equipment. Proposed penalties, from two OSHA inspections at the company’s plant, total $274,500.

“Employers have a responsibility to train workers on the proper use of equipment and to protect them from workplace hazards,” said Diane M. Turek, OSHA’s area director in Des Plaines, Ill. “OSHA is committed to ensuring workers have a safe and healthy workplace, and failing to train, monitor and evaluate employees’ skills puts workers at unnecessary risk.”

IBC has been cited with three alleged willful violations for failing to properly lock out/tag out electrical equipment for maintenance and sanitation, ensure all persons operating powered industrial trucks were properly trained and evaluated, and ensure machinery guards were in place at points of operation. The violations carry proposed fines of $210,000. A willful violation is one committed with intentional, knowing or voluntary disregard for the law’s requirements, or plain indifference to employee safety and health.

The company also was cited with 17 serious violations including failing to keep all aisles and passageways in good repair and maintain proper exit routes, annually inspect energy control procedures, ensure all powered industrial trucks were examined for defects prior to the start or end of each work shift, ensure guards were in place on all equipment points of operation, provide employees with hardware to isolate and secure equipment from energy sources, and ensure fans less than 7 feet above work level were provided with guards. Proposed penalties are $64,500. An OSHA violation is serious if death or serious physical harm could result from a hazard an employer knew or should have known exists.

BLUEFIELD, W.Va. – The U.S. Department of Labor’s Occupational Safety and Health Administration has cited the U.S. Postal Service for workplace safety violations found at a mail processing facility located at 3010 East Cumberland Road in Bluefield. Proposed penalties total $287,000.

“These citations and sizable fines reflect the Postal Service’s failure to ensure that the proper safety practices were being used by employees working with live electrical parts, leaving them vulnerable to multiple hazards,” said Assistant Secretary of Labor for OSHA Dr. David Michaels. “The Postal Service knew that proper and effective training was needed for the safety of its workers but did not provide it.”

OSHA initiated an inspection in May in response to a complaint alleging the hazards. Inspectors cited the Postal Service with four willful violations carrying a penalty of $280,000 and one serious violation with a penalty of $7,000.

The willful violations cite the facility’s failure to label electrical cabinets, properly train employees, use safety-related work practices when exposed to energized electrical parts and provide proper electrical protective equipment. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.

The serious citation was issued for allowing an unauthorized employee to perform inspections. OSHA issues a serious citation when there is substantial probability that death or serious physical harm could result and the employer knew, or should have known, of the hazard.

The U.S. Department of Labor has filed an enterprise-wide complaint against the U.S. Postal Service for electrical safety violations. The complaint asks the Occupational Safety and Health Review Commission to order the Postal Service to correct electrical violations at all its facilities nationwide. This complaint marks the first time OSHA has sought enterprise-wide relief as a remedy.

OSHA has cited Cooper Tire & Rubber Company for combustible dust, flammable liquids, and fall hazards.

OSHA hit the Ohio manufacturer of automotive and truck tires with 10 alleged safety and health violations for failing to provide proper hazardous chemical protection to its workers, unnecessarily exposing them to fire and explosion hazards, and failing to provide fall protection from distances of more than 9 feet. Proposed penalties total $213,500.

“The lack of employee protection from fire, explosions and hazardous chemicals is completely unacceptable,” said Jule Hovi, OSHA’s area director in Toledo, Ohio. “OSHA is committed to ensuring workers have a safe and healthful workplace, and failing to follow proper safety and health procedures puts workers at unnecessary risk.”

Cooper Tire has been cited with two alleged willful violations for failing to protect workers from fire and explosion hazards by not providing fire suppression controls on processing equipment that contains explosive combustible dust, and failing to limit the accumulation of combustible dust on equipment and the building superstructure. The violations carry proposed fines of $140,000. A willful violation is one committed with intentional, knowing or voluntary disregard for the law’s requirements, or plain indifference to employee safety and health.

The company also has been cited with six serious violations, with proposed fines of $38,500, for failing to assure flammable liquids were safety dispensed; ensure proper electrical tools were used in areas where flammable vapors and liquids were present; provide proper eye and face protection to workers handling flammable liquids; protect workers from electrical shock hazards; and train workers on combustible dust hazards. 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.

OSHA also has issued two repeat violations, with a proposed penalty of $35,000, for failing to provide workers with chemical protective equipment when exposed to contact with flammable liquids and to provide required fall protection. A repeat violation is issued when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years.

The Occupational Safety and Health Administration has cited the U.S. Postal Service for five alleged willful violations of safety standards following an inspection at the Portsmouth, N.H., Processing and Distribution Center. The Postal Service faces a total of $350,000 in fines, chiefly for exposing workers to electrical hazards.

OSHA’s inspection, conducted in response to employee complaints, found untrained or inadequately trained employees at the Portsmouth distribution center performing troubleshooting and voltage testing on or near live electrical equipment and wiring that had not first been de-energized. The workers also lacked personal protective equipment and were not instructed on proper electrical lockout/tagout procedures.

As a result of its inspection, OSHA has issued five willful citations to the Postal Service for the conditions at the Portsmouth facility. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.

“These citations and the sizable fines proposed here reflect the Postal Service’s ongoing knowledge of and failure to address conditions that exposed its workers to the severe and potentially deadly hazards of electric shock, arc flashes and arc blasts,” said Assistant Secretary of Labor for OSHA Dr. David Michaels.

The Labor Department has filed an enterprise-wide complaint against the U.S. Postal Service for electrical work safety violations. The complaint asks the Occupational Safety and Health Review Commission to order the USPS to correct electrical violations at all of its facilities nationwide. This complaint marks the first time OSHA has sought enterprise-wide relief as a remedy.

OSHA proposes nearly $115,000 in fines against Rochester, NY, machine shop for uncorrected and recurring hazards.

The Occupational Safety and Health Administration has proposed $114,750 in additional fines against Pierce Industries, a Rochester, N.Y., machine shop, chiefly for failing to correct hazards cited during a previous OSHA inspection. The company was cited in December 2009 for a variety of hazards, including failing to test its piping system to ensure it was gas-tight under pressure and to adequately train its workers in the safe operation of forklifts.

The company agreed to correct these conditions, but OSHA’s follow-up inspection found this had not been done. A recurring hazard of improperly used electrical outlet boxes also was identified. As a result of these conditions, OSHA has issued the company two failure-to-abate citations with $105,750 in proposed fines for the uncorrected hazards, and one repeat citation with a $3,000 fine for the recurring electrical hazard. OSHA issues failure-to-abate citations and additional penalties when an employer fails to correct previously cited hazards. A repeat violation is issued when an employer previously was cited for the same or similar violation of any standard, regulation, rule or order at any other facility in federal enforcement states within the last three years.

“An uncorrected hazard is an ongoing threat to the safety and health of workers. Employers need to understand that ignoring or putting off corrective action can be costly in financial as well as human terms,” said Arthur Dube, OSHA’s area director in Buffalo. “In cases like this, OSHA will check to verify that cited hazards have been corrected and, if not, employers will be subject to additional and potentially much larger fines.”

Pierce Industries also has been issued two serious citations with $6,000 in fines for two new hazards, incomplete procedures and employee training to ensure that machines’ power sources were properly locked out of service before maintenance. OSHA issues serious citations when death or serious physical harm is likely to result from hazards about which the employer knew or should have known.

“One means of eliminating recurring hazards such as these is for employers to establish a safety and health program in which workers and management jointly work to identify and eliminate hazardous conditions on a continual basis,” said Robert Kulick, OSHA’s regional administrator in New York.

OSHA proposes $420,000 in fines against US Postal Service for electrical hazards at Vermont mail processing facility.

The Occupational Safety and Health Administration has cited the U.S. Postal Service for six alleged willful violations of safety standards following an inspection at the White River Junction Processing and Distribution Center in White River Junction, Vt. The Postal Service faces a total of $420,000 in fines, chiefly for exposing workers to electrical hazards.

OSHA’s inspection, which began Jan. 30, 2010, in response to worker complaints, found untrained or unqualified employees at the White River Junction distribution center routinely performing troubleshooting, servicing, voltage testing and maintenance on or near live electrical equipment, such as mail sorting and cancelling machines. The machines had not first been deenergized and the workers also lacked personal protective equipment, insulated tools and were not provided electrical lockout/tagout procedures to use.

“The conditions cited here exposed workers to the swift and potentially deadly hazards of electric shock, arc flashes and arc blasts,” said Assistant Secretary of Labor for OSHA Dr. David Michaels. “This large fine reflects both the gravity of these hazards and the Postal Service’s ongoing knowledge of and failure to correct them.”

As a result of its inspection, OSHA has issued six willful citations to the Postal Service for the conditions at the White River Junction facility. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.

The U.S. Department of Labor has filed an enterprise-wide complaint against the U.S. Postal Service for electrical work safety violations. The complaint asks the Occupational Safety and Health Review Commission to order the USPS to correct electrical violations at all its facilities nationwide. This complaint marks the first time OSHA has sought enterprise-wide relief as a remedy.

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.