Compressed Gas Association Issues Safety Alert

Due to recent incidents caused by incorrectly installed or poorly maintained carbonated beverage systems, the Compressed Gas Association, Inc. has issued a safety alert.  Faulty systems can cause carbon dioxide to leak and hazardous levels of the gas to build up in enclosed areas leading to illnesses or even deaths to restaurant customers and workers and to emergency responders.  Carbon dioxide is used in numerous workplaces and has been recognized for many years as a workplace hazard.

The principle issue with carbon dioxide gas is that it can quickly accumulate without the knowledge of the individuals present in the area.  It is colorless and doesn’t smell.  Since carbon dioxide is heavier than air, it gathers at floor level in improperly ventilated areas, including basements, pits, tanks, and sumps and outside areas like trenches or depressions where it displaces oxygen.

Carbon dioxide is naturally present in the air at low levels and normally does not cause any harmful effects.  At higher levels, however, the physical effects include feeling an inability to breathe, increased pulse, headache, sweating, disorientation. With exposure to very high concentrations and/or over longer periods of time, damage to the retina, difficulty breathing, impaired hearing, nausea and vomiting, convulsions, and loss of consciousness can result.  Deaths due to asphyxiation have occurred.

According to the Compressed Gas Association, some sources of hazardous concentrations of carbon dioxide are:

“-Carbon dioxide storage containers that are not properly vented to a well-ventilated area outside of the building not just into walls or ceilings;
-Leaking fittings, connections, piping/tubing/hoses, or storage container plumbing;
-Leaking carbonators, syrup pumps, bag in box (BIB) racks (i.e., any equipment using carbon dioxide); and
-Leaking beer keg connections and equipment.”

To avoid harm from carbon dioxide, detectors with alarm systems should be installed in areas where equipment is used.  All systems using carbon dioxide should be installed and maintained according to the manufacturer’s directions.  Proper ventilation is essential.  Employees and any others using the equipment should be trained on how to use the systems and on the dangers and characteristics of carbon dioxide.

For more information, please visit www.cganet.com.

35 Serious Safety and Health Violations Discovered

Remington Arms Co. Inc. was cited by OSHA for 35 alleged serious violations of workplace safety and health standards at its Ilion, NY manufacturing plant. The firearms manufacturer faces a total of $170,000 in proposed penalties for a variety of mechanical, electrical, and chemical hazards identified during inspections by OSHA’s Syracuse Area Office.

“Left uncorrected, these conditions expose the plant’s workers to electrocution, falls, burns, lacerations, amputation, crushing and “struck-by” injuries, as well as exposure to hazardous substances and being caught in operating or unintentionally energized machinery,” said Christopher Adams, OSHA’s area director for central New York. “For the safety and health of these workers, this employer must ensure that these hazards are corrected and take effective steps to prevent their recurrence.

“Specifically, OSHA found violations involving a lack of personal protective equipment; accumulations of toxic substances lead and cadmium on surfaces in the plant; food and beverages stored and consumed at cadmium-contaminated work stations; failing to provide workers with training and information on lead and cadmium; and not determining cadmium exposure levels. The inspection also identified numerous electrical hazards and instances of unguarded moving machine parts; improper storage and transfer of flammable liquids; a lack of procedures to lock out machines’ power sources to prevent their unintended startup during maintenance; unguarded openings and defective ladders; defective powered industrial trucks and untrained drivers; inadequate fire extinguisher training and availability; unlabeled permit-required confined spaces; no continuous, effective extermination program for vermin; unlabeled containers of hazardous chemicals; and several exit deficiencies including a locked exit door, obstructed exit routes, umarked exits, and non-functioning emergency and exit lighting. 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.

“An effective illness and injury prevention program in which employers and employees work together to identify and eliminate hazards is one way of preventing initial and recurring workplace hazards such as these,” said Robert Kulick, OSHA’s regional director in New York.

The citations can be viewed at

http://www.osha.gov/ooc/citations/RemingtonArms_314352477_1104_11.pdf
and http://www.osha.gov/ooc/citations/RemingtonArms_314352329_1104_11.pdf

OSHA cites Northeastern Wisconsin Wood Products for 18 safety and health violations; fines total nearly $379,000

Company has history of noncompliance with worker protection standards

POUND, Wis. – The U.S. Department of Labor’s Occupational Safety and Health Administration has cited Northeastern Wisconsin Wood Products in Pound for a total of 18 alleged health and safety, including 13 willful, violations. The company is facing $378,620 in proposed penalties following a January inspection.

“Northeastern Wisconsin Wood Products has a history of failing to comply with OSHA standards. The company has yet to abate many violations cited in a previous inspection,” said Michael Connors, OSHA’s regional administrator in Chicago. “When employers knowingly ignore safety and health requirements, they are unduly placing their workers at risk for illnesses and injuries, and that is unacceptable.”

Northeastern Wisconsin Wood Products was first inspected by OSHA in 2006 and issued eight citations. A follow-up inspection in 2007 found that most of the originally cited hazards remained unabated. Following the May 2010 issuance of a secretary of labor petition for summary enforcement, the company was given 30 days to work with a Wisconsin state consultation service to abate the violations. The consultation service is alleged to have ended the abatement process due to a lack of cooperation by the company. Many of the originally cited violations once again were cited during the January 2011 inspection.

Five willful health violations involve failing to implement a hearing conservation program for employees whose noise exposure exceeded 85 decibels; perform and certify a hazard assessment of the workplace; develop and implement a hazard communication program to include training for employees; maintain copies of material data sheets; and provide appropriate eye protection for workers. Additionally, the company allowed unsanitary conditions to pose serious fire and explosion hazards by letting sawdust accumulate in a pile of approximately 4 feet by the outer wall and several inches on horizontal surfaces such as pipes, wall supports and ledges.

Eight willful safety violations involve a lack of machine guarding on belts, pulleys, gears and band saw blades; a lack of guardrails; unguarded open-sided floors and platforms presenting a fall hazard greater than 4 feet; not using electrical equipment correctly; and not effectively closing openings in boxes and cabinets. A willful violation is one committed with intentional knowing or voluntary disregard for the law’s requirements, or with plain indifference to worker safety and health. Proposed penalties for the 13 willful citations total $360,800.

The company also was cited for one repeat safety violation, with a proposed penalty of $7,920, for failing to provide potable water for drinking. 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.

Three serious safety violations, with proposed penalties of $9,900, include failing to periodically inspect energy control procedures, use group lockout devices and train employees in electrical safety. 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, with no monetary penalty, was cited for failing to provide an illuminated exit sign. 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 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.

Scenario:  You are the newly hired safety director of a medium sized manufacturing plant.  In the course of getting settled in to your position, you discover that when a chemical or product is no longer in use at your facility the previous safety director would remove the MSDS from the binder and throw it away.

You share with your new boss that this is not acceptable because you have heard it presented to you in more than one safety training class the material safety data sheets had to be maintained 30 years after  that product was no longer is use at the facility.  Your new boss is still testing you on your knowledge of safety matters and asks you to show him where it says that in the OSHA standard.  You grab your general industry standards book and open it to the hazard communication standard and suddenly have difficulty in locating the exact standard.

Question:  Are you looking in the right place?  If not where is it?  Is what you have been told and lead to believe accurate? 

Answer:  You will not find a requirement to maintain material safety data sheets in the hazard communication standard 29cfr190.1200.  However, what you have been told is accurate to a point.   If you go to 29cfr1910.1020 “Access to employee exposure and medical records”, you will find what you are looking for. 

1910.1020(d)(1)(ii)(B)  States that Material safety data sheets and paragraph (c)(5)(iv) records concerning the identity of a substance or agent need not be retained for any specified period as long as some record of the identity (chemical name if known) of the substance or agent, where it was used, and when it was used is retained for at least thirty (30) years.

There is an additional footnote to this section stating material safety data sheets must be kept for those chemicals currently in use that are effected by the Hazard Communication Standard in accordance with 29 CFR 1910.1200(g).  In 1910.1020 section (c) it goes on to explain that the information about chemicals used in the workplace is viewed as an employee exposure record.

So while it isn’t required for you to maintain an MSDS for 30 years, there is specific information contained in the MSDS that must be kept.

Crystal manufacturer fined over half a million dollars

Federal OSHA has cited NDK Crystals Inc. in Belvedere Illinois with fines of $510,000 for alleged egregious willful and serious violations of federal workplace safety standards following an explosion at the company’s crystal manufacturing building that took the life of a truck driver parked at a nearby service station. Workers at this facility were exposed to hazards that created a dangerous environment.

“The employer knowingly operated high pressure vessels even after being warned of the potential for a catastrophic failure due to material design and fabrication defects,” said Assistant Secretary of Labor for OSHA Dr. David Michaels. “This simply is unacceptable, and OSHA will use the full extent of the law to ensure the company is held accountable for its actions.”

Following its investigation, OSHA cited NDK Crystals with seven willful and five serious violations. The willful violations, one for each of seven individual high pressure vessels, involved the company’s continued operation of these high quality quartz production vessels even though it knew the vessels were susceptible to explosion and catastrophic failure as a result of defective design and fabrication. Willful violations are those committed with intentional, knowing or voluntary disregard for legal requirements, or plain indifference to employee safety and health.

The serious violations include failing to evaluate the building for a catastrophic event; failing to have an emergency evacuation program; failing to implement a hazard communication program; and a lack of personal protective equipment assessment and training certification.

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.

Atlanta Intown Granite Company has been cited by Federal OSHA for continuing to expose its employees to health hazards more than a year after OSHA had cited the company for similar violations.

OSHA is proposing $133,875 in penalties against the company for exposing workers to excess amounts of silica by not fully implementing a respiratory protection program, failing to fully implement a hearing conservation program and failing to establish a written hazard communication program on exposure to hazardous substances.

Exposure to silica can lead to silicosis, a disabling, nonreversible and sometimes fatal lung disease. The National Institute for Occupational Safety and Health reports that each year more than 250 people die from and hundreds more are disabled by silicosis.

“Silica and noise exposure remain serious hazards to employees at work, but both hazards are 100 percent preventable if employers fully implement protection programs,” said Andre Richards, director of OSHA’s Atlanta-West Area Office.
OSHA inspected this company in September 2008 and cited it with five serious violations for similar hazards. The current inspection followed up on the earlier one to determine if the hazards had been corrected.

The agency also is citing the stone countertop manufacturer with one serious safety violation and a proposed penalty of $2,000 for not equipping portable tools with machine guards.

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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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Need help with developing your emergency action plan call Advanced Safety & Health at 1-866-339-8040

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Jan. 7, 2010
Contact: Office of Communications
Phone: 202-693-1999

OSHA announces informal public hearing on hazard communication rule

WASHINGTON — The Occupational Safety and Health Administration will hold three informal public hearings to accept comments and testimony on the proposed rule to align the agency’s Hazard Communication Standard (HCS) with the United Nations’ Globally Harmonized System of Classification and Labelling of Chemicals (GHS).

The first hearing will begin March 2 at 9:30 a.m. in the auditorium of the U.S. Department of Labor, 200 Constitution Ave., N.W., Washington, D.C. 20210. Additional hearings are scheduled for March 31 in Pittsburgh and April 13 in Los Angeles. OSHA will provide the location for the Pittsburgh and Los Angeles hearings in a future notice.

A number of countries, including the United States, and international organizations participated in developing the GHS to address inconsistencies in hazard classification and communications. The system provides a single, harmonized system to classify chemicals, labels and safety data sheets with the primary benefit of increasing the quality and consistency of information provided to workers, employers and chemical users.

Those interested in attending the hearings must provide a notice of intention to appear by January 18, 2010. Notices may be submitted through the Federal eRulemaking Portal at http://www.regulations.gov. Notices can also be submitted by regular mail to the OSHA Docket Office, Docket No. OSHA-H022K-2006-0062, U.S. Department of Labor, Room N-2625, 200 Constitution Ave., Washington, D.C. 20210. Submissions not exceeding 10 pages can be faxed to the OSHA Docket Office at 202-693-1648.

Technical inquiries should be directed to Maureen Ruskin, OSHA, Office of Chemical Hazards-Metals, 202-693-1950. Press inquiries should be directed to Jennifer Ashley, OSHA, Office of Communications, 202-693-1999.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing a safe and healthful workplace for their employees. OSHA’s role is to assure safe and healthful working 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.

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