Workers Exposed to Excessive Noise, Lack of Machine Guarding, and Other Hazards

OSHA cited American Marazzi Tile Inc. with 25 safety and health violations for exposing workers to excessive noise levels, machine guarding hazards, and other dangerous conditions at its facility in Sunnyvale, TX. Proposed penalties total $318,000.

OSHA’s Dallas Area Office initiated an investigation on July 13 at the company’s Clay Road facility as part of the agency’s Site-Specific Targeting Program, which directs enforcement resources to workplaces with higher-than-average injury and illness rates.

“This company knowingly failed to implement necessary safety and health programs to protect employees from coming into contact with moving parts of machinery and prevent hearing loss,” said John Hermanson, OSHA’s regional administrator in Dallas. “It’s the employer’s responsibility to know the hazards and safeguard workers from these hazards in order to provide a working environment free of injuries and illnesses.”

Three willful violations involve failing to establish and maintain a hearing conservation program for workers exposed to noise levels exceeding 85 decibels; provide the required machine guards for exposed belts, pulleys, chains and sprockets; and establish a lockout/tagout program for energy sources to protect workers from the unexpected start up of machinery. 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.

Twenty-one serious violations involve failing to provide personal protective equipment, provide confined space training, provide machine guarding to prevent workers from coming into contact with rotating parts, develop energy control procedures for machines with more than one energy source, provide fire extinguisher training, properly store oxygen and acetylene cylinders, develop a bloodborne pathogens program, and train employees on hazardous chemicals used in the facility. 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.

One other-than-serious violation is for failing to post a copy of the hearing conservation standard in the workplace. 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.

American Marazzi Tile employs about 254 workers who produce ceramic wall and floor tile products at the Sunnyvale location. OSHA has placed the company 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.

The citations can be viewed at:

http://www.osha.gov/ooc/citations/AmericanMarazziTile_314183450_0112_12.pdf*

http://www.osha.gov/ooc/citations/AmericanMarazziTile_314183492_0112_12.pdf*.

37 Violations Received after Fatality

OSHA cited Resource Management Cos. at its Earth City, MO recycling facility for 37 safety and health violations. An inspection was opened after a worker died from injuries sustained on June 12 when he entered a baling machine to clear a jam and it became energized.  Proposed fines total $195,930.

“Resource Management Cos. has a responsibility to ensure that its workers are protected from hazardous working conditions, especially ones related to dangerous equipment such as baling machines,” said Charles E. Adkins, OSHA’s regional administrator in Kansas City, Mo. “Employers are required by law to ensure that work environments are safe and healthful. OSHA is committed to protecting workers on the job, especially when employers fail to do so.”

Twenty-two serious safety violations have been cited, including failing to lock out and tag out the energy sources of equipment and install adequate machine guarding. They also involve hazards related to fall protection, exits, flammable liquids, fire extinguishers, powered industrial trucks, and welding and electrical equipment. Additionally, eight serious health violations involve inadequate housekeeping, excessive noise, improper personal protective equipment, permit required space program, and blood borne pathogens 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.

One repeat safety violation has been cited relating to defective powered industrial trucks that were not taken out of service. 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. The company was cited in April 2010 for a similar violation.

Six other-than-serious safety and health violations have been cited, involving egress, fire extinguisher, personal protective equipment and hazard communications deficiencies. 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.

The citations can be viewed at:
http://www.osha.gov/ooc/citations/ResourceMgt_315652776_1206_11.pdf*
http://www.osha.gov/ooc/citations/ResourceMgt_315464289_1206_11.pdf*

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.

The citations can be viewed here.

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Queensbury, NY, location hit for $57 Grand and OSHA urges the Pennsylvania-based retailer to examine safety at their other stores

The U.S. Department of Labor’s Occupational Safety and Health Administration has cited Dick’s Sporting Goods for six alleged violations of workplace safety standards after an OSHA inspection identified several hazards at the retailer’s store at the Aviation Mall in Queensbury. The Pennsylvania-based retailer faces a total of $57,300 in proposed fines.

OSHA inspectors found that workers at the Queensbury store were periodically required to enter a trash compactor that had not first been de-energized in order to remove cardboard blockages. Additionally, the store lacked the means and procedures for employees to enter and work safely in such a confined space, and training was not provided on the hazards and safeguards associated with work in a confined space. Finally, access to fire extinguishers was blocked and employees were not trained in how to use fire extinguishers in the event of a fire.

“Even in a retail outlet, employees can be exposed to deadly or disabling hazards if the proper safeguards and training are absent, as they were here,” said Edward Jerome, OSHA’s area director in Albany. “These workers could have been crushed or burned. For the safety and health of all of its employees, I urge this employer to examine safety and health issues at its other stores and promptly take corrective action.”

Two repeat violations with $33,000 in fines were cited for the blocked fire extinguishers and lack of fire extinguisher training. Four serious violations with $24,300 in fines were cited for the confined space hazards and a missing fire extinguisher.

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. 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. In this case, the repeat citations stem from OSHA having cited the retailer in May 2010 for similar hazards at a Melville, N.Y., store.

“One means of preventing hazards such as these is for employers to establish an injury and illness prevention program in which workers and management continually work to identify and eliminate hazardous conditions,” said Robert Kulick, OSHA’s regional administrator in New York.

The U.S. Department of Labor’s Occupational Safety and Health Administration has cited Pallflex Co. in Connecticut for 29 alleged violations of workplace safety and health standards at its Putnam manufacturing plant. The filter manufacturer faces a total of $121,650 in proposed fines following a comprehensive OSHA inspection opened in January.

“The sizable penalties proposed here reflect the breadth and severity of the conditions found during this inspection,” said Paul Mangiafico, OSHA’s area director in Hartford. “Left uncorrected, they expose employees to injury, illness or death from falls, lacerations, being caught in moving machinery, electrocution, fire, hearing loss, or being overcome by an oxygen-deficient or toxic atmosphere while working in a confined space. Effective steps must be taken to correct these conditions and prevent their recurrence.”

OSHA’s inspection identified a variety of hazards that can occur in a manufacturing environment, resulting in citations for 24 serious violations carrying $120,650 in proposed fines. They include fall hazards from unguarded tank platforms; improper storage and dispensing of flammable liquids; inadequate personal protective equipment; lack of a confined space program and procedures to safeguard workers who enter storage tanks; no annual fire extinguisher training; unguarded operating machine parts; several electrical-related hazards; lack of a hearing conservation program; and failure to perform initial formaldehyde exposure monitoring.

Additionally, five other-than-serious violations with $1,000 were cited, including improperly maintained OSHA illness and injury logs.

Scenario: You are the safety manager of a medium sized manufacturing company.  In the past, you provided annual fire extinguisher training to a number of employees who have been designated able to fight incipient stage fires as part of your emergency action plan.  Your policy has been to supply portable fire extinguishers and designate certain employees as authorized to use them to fight fires.   All other employees in the fire area are required to evacuate the affected area immediately upon the sounding of a fire alarm. You have always been of the belief that this choice implicitly requires you  to establish an emergency action plan meeting the requirements of [1910.38] and comply with the requirements in 1910.157(c), (e), (f), (g)(3) and (g)(4) regarding general requirements for fire extinguishers as well as inspection, maintenance and testing, hydrostatic testing, and training.  Your fire extinguisher training has always consisted of classroom instruction and a practical hands on element for those designated to fight incipient fires.

Your company hired a new Human Recourses Manager to whom  you now report.  This manager tells you that going forward you are to provide educational materials, without classroom instruction, through the use of instruction sheets or flyers for those designated to fight incipient stage fires with the fire extinguishers provided by your employer.  You believe your boss is wrong and you use 29cfr1910.157(g) as your argument.  Are you correct?

Answer:  In a letter of Interpretation by OSHA involving emergency action plans and the use of fire extinguishers the following is stated:

29 CFR 1910.157(g)(1) [and (2)] requires that, where an employer has provided portable fire extinguishers for employee use in the workplace, he shall also provide an educational program to familiarize employees with the general principles of fire extinguisher use and the hazards involved with incipient stage fire fighting and training in the use of appropriate equipment. The education shall be provided upon initial employment and at least annually thereafter. In meeting the requirements of these standards, the employer may provide educational materials, without classroom instruction, through the use of employee notice campaigns using instruction sheets or flyers or similar types of informal programs; or he may provide on site training which exposes employees to the actual “feeling” of fire fighting by simulated fires for training employees in the proper use of extinguishers.

OSHA has cited HomeGoods for 16 alleged violations of workplace safety standards. The retailer faces a total of $233,500 in proposed fines, chiefly for exit access, fire and crushing hazards at its Commack, N.Y., store.

Responding to an employee complaint, OSHA found exit routes obstructed by stock and equipment, an exit route too narrow for passage, stacked material that prevented employees from identifying the nearest exit, blocked access to fire extinguishers, workers not trained in fire extinguisher use and boxes stored in unstable 8-foot high tiers.

OSHA had cited Home Goods in 2006 and 2007 for similar conditions at the company’s Mount Olive, N.J., and Somers, N.Y., locations. As a result of what OSHA calls “recurring conditions”, OSHA issued the company five repeat citations, with $200,000 in proposed fines, for the hazards at the Commack store.

“It’s been 99 years since the fire at The Triangle Shirtwaist Co. in New York City took the lives of nearly 150 workers and almost 19 years since two workers were killed when they were unable to exit the McCrory’s store in Huntington Station, N.Y., during a fire,” said Assistant Secretary of Labor for OSHA Dr. David Michaels. “Blocked fire exits can be deadly. It is that simple.”

OSHA’s Commack inspection identified additional hazards, including a defective fire alarm box, a missing exit sign, electrical hazards and inadequate chemical hazard communication. These conditions resulted in nine serious citations, with $32,500 in fines. Finally, the store was issued one other-than-serious citation, with a $1,000 fine, for not providing injury and illness logs.

“There can be no delay in exiting a workplace during a fire or other emergency when the difference between escape and injury or death can be measured in seconds,” said Michaels. “Employers must ensure that exit routes are unobstructed at all locations.”

“One means of preventing recurring hazards is for employers to establish an effective comprehensive workplace safety and health program through which involve their employees in proactively evaluating, identifying and eliminating hazards,” said Robert Kulick, OSHA’s regional administrator in New York.

A fact sheet covering emergency exit routes is available at http://www.osha.gov/OshDoc/data_General_Facts/emergency-exit-routes-factsheet.pdf.

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Federal OSHA proposes more than $266,000 in penalties against Tucker, Ga., manufacturer following worker amputations. Crespac Inc. is cited with three willful, four repeat and 19 serious safety violations.

Crespac Inc. in Tucker, Ga., has been cited with 34 safety and health violations by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA). Proposed penalties total $266,400.

“OSHA began its comprehensive safety and health inspection after learning of two separate incidents resulting in amputations within a 30-day period,” said Gei-Thae Breezley, director of OSHA’s Atlanta-East Area Office. “In both instances, management knew of deficiencies but acted with plain indifference by failing to correct the problems in a timely manner that could have prevented these amputations.”

The agency is citing the company with three willful, four repeat, 19 serious and one other-than-serious safety violations, as well as five serious and two other-than-serious health violations. OSHA is proposing penalties of $249,200 for the safety violations and an additional $17,200 for the health violations.

The willful citations result from the company’s failure to ensure that all machines had proper safety guards, functional emergency stop cords and usable safety interlock switches installed on machinery.

The company is being cited for repeat violations related to having slippery and wet floors, lack of safety guards on machines, machines being operated with broken parts and employees being exposed to electrical shocks.

Serious violations include fall hazards, slipping and tripping hazards, entrapment hazards, failure to provide proper fire training and equipment, failure to properly train forklift operators, electrical hazards, noise hazards, exposure to hazardous chemicals and an insufficient respirator program for employees.

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OSHA has proposed more than $1.1 million in penalties to Milk Specialties Co.

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OSHA fines Kohl’s for workplace safety and health hazards at two Pennsylvania stores

OSHA has cited Kohl’s department stores in Yardley and Whitehall, Pa., for workplace safety and health hazards, proposing $79,000 in penalties. OSHA initiated its inspection of the Yardley store on Nov. 13, 2008, in response to a complaint. As a result of the inspection, the store has been cited for three repeat violations with a proposed penalty of $55,000, two serious violations with a $4,000 proposed penalty and one other-than-serious violation which carries no penalty. The alleged repeat violations were due to the company’s failure to adequately train employees on the use of fire extinguishers, failure to maintain exit routes that were free and unobstructed, and improperly storing materials that inhibited employees from freely exiting the facility, including the work space around the electrical equipment.