Cranesville Aggregate Co., doing business as Scotia Bag Plant, Scotia, N.Y., faces a total of $509,000 in proposed fines from OSHA. The plant, which bags cement and asphalt, has been cited for 33 alleged willful, repeat and serious violations of workplace safety and health standards following comprehensive OSHA inspections over the past six months.
OSHA representatives felt workers have been needlessly exposed to potentially disabling or fatal respiratory illness, falls, crushing injuries, burns, lacerations, amputation and electrocution.
OSHA found that plant employees who bagged cement were exposed to excess levels of cement dust without adequate ventilation, respiratory protection, personal protective equipment and training. In addition, the plant did not evaluate and identify respiratory hazards, train forklift operators or prevent an employee from working under a suspended load. As a result, OSHA has issued the plant six willful citations, with $375,000 in fines.
Seven repeat citations, with $75,000 in fines, have been issued for conditions similar to those cited in earlier OSHA inspections of Cranesville facilities in Kingston, Glens Falls and Fishkill, N.Y. These included an unsanitary workplace, unlabeled containers of hazardous chemicals, and fall and electrical hazards. Twenty serious citations, with $59,000 in fines, have been issued for ineffective respirator training, a lack of personal protective equipment, a lack of emergency eyewashes, obstructed exits, unguarded machinery, and additional forklift and electrical hazards.
OSHA issued citations to Cambria Contracting Inc. for 11 alleged willful violations of the OSHA construction asbestos standard for failing to train and protect its workers at a Buffalo jobsite. The Lockport, N.Y., demolition contractor faces a total of $484,000 in proposed penalties.
“These significant penalties reflect the fact that this employer, an asbestos contractor with extensive knowledge of the OSHA standards that govern asbestos removal and handling, chose not to follow these standards and put its workers, including young, inexperienced college students, in harm’s way,” said acting Assistant Secretary for OSHA Jordan Barab.
OSHA found that several Cambria Contracting workers, who were cleaning up debris at the former AM&A department store warehouse on Washington Avenue, had not been trained in asbestos hazards and how to protect themselves. The workers also lacked proper respirators and protective clothing, and had not been informed of the presence of asbestos at the site. In addition, the employer failed to determine the asbestos exposure level and to establish a regulated work area for asbestos removal and handling. It also did not use vacuums with HEPA filters to collect debris but used methods to move debris with asbestos-containing material that typically can cause asbestos to be released into the air.
“This employer knew that training and other safeguards, which are well-known in the industry, were required, yet chose not to provide them,” said Robert Kulick, OSHA’s New York regional administrator. “That is unacceptable and needlessly placed the health of these workers at risk.”
“Asbestos is well recognized as a health hazard since inhalation of asbestos fibers may lead to lung cancer and other diseases,” said Arthur Dube, OSHA’s Buffalo area director. “As exposures frequently occur during renovation and demolition work, we strongly urge contractors to ensure that their workers are adequately trained and protected against asbestos hazards.”
Detailed information on asbestos is available on OSHA’s Web site at:
OSHA is proposing $69,550 in penalties against Wheel Repair Solutions, doing business as World of Wheels & Hubcaps, for safety and health violations at its Decatur, Ga., location.
OSHA observed seven failure-to-abate violations while conducting a follow-up inspection at World of Wheels & Hubcaps. The employer failed to develop a written hazard communication program, failed to provide a hazard communication training, failed to certify that a hazard assessment for personal protection had been conducted, failed to develop or implement a written respiratory protection program, and did not train workers who wear tight-fitting respirators. In addition, the employer allowed workers to use compressed air greater than 30 pounds square inch (PSI) for cleaning and did not provide employees with hazard communications training. The proposed penalty for the failure-to-abate violations is $66,750.
The citations also include three repeat violations with a proposed penalty of $2,800 for employees wearing tight-fitting respirators without a medical evaluation and not being fit-tested for the equipment, and for the employer storing compressed cylinders of oxygen and acetylene together.
The company has received one other-than-serious violation with no monetary penalty for not having a visible exit sign.
“All workers deserve a safe workplace. This company is fully aware of what needs to be corrected with its safety and health program. It is time that World of Wheels & Hubcaps takes responsibility for its employees’ safety and health,” said Gei-Thae Breezley, director of OSHA’s Atlanta-East Area Office.
OSHA cites Little Falls, N.Y., paper mill for 33 safety and health violations after worker is caught in machine Burrows Paper Corp. faces $136,500 in fines
OSHA has cited Burrows Paper Corp. for 33 alleged violations of workplace health and safety standards after a worker sustained serious arm injuries following being partially pulled into the roller of a paper machine at the company’s Little Falls, N.Y., paper mill on April 28. The paper manufacturer faces a total of $136,500 in proposed fines.
OSHA’s inspection found that the roller had not been guarded against contact, and the machine’s power source had not been locked out to prevent contact with moving parts while the worker was cleaning paper off the rolls. OSHA identified several other instances of unguarded machinery, fall hazards, a locked exit, a blocked exit access, uninspected and untested lifting equipment, improper storage of compressed gas cylinders, electrical hazards, a failure to monitor employees for chromium hazards, an inadequate hearing conservation program and several deficiencies with the mill’s confined space entry program.
“These conditions, which exposed the mill’s workers to risk of lacerations, amputation, crushing injuries, falls, electrocution and burns, as well as injuries due to being unable to swiftly exit the mill in the event of a fire or other emergency, must be addressed completely and effectively to protect safety and health,” said Christopher Adams, OSHA’s area director in Syracuse.
OSHA has issued the company two repeat citations for the unguarded roller and for unguarded open-sided work platforms, as it had cited the employer in January 2008 for similar hazards at another worksite. In addition, the mill has been issued 29 serious citations for the remaining hazards, and two other-than-serious citations for incomplete illness and injury reporting and not posting a copy of OSHA’s noise standard. 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 preventing accidents and injuries is through an effective safety and health management system in which employers and employees work together to proactively evaluate, identify and eliminate hazards,” said Robert Kulick, OSHA’s regional administrator in New York.
The company has 15 business days from receipt of its citations and proposed penalties to comply, meet with OSHA’s area director or contest the findings before the independent Occupational Safety and Health Review Commission. The inspection was conducted by OSHA’s Syracuse Area Office; telephone 315-451-0808.
Under the Occupational Safety and Health Act of 1970, OSHA’s role is to promote safe and healthful working conditions for America’s men and women by setting and enforcing standards, and providing training, outreach and education. For more information, visit:
Does the Current Use of the Globally Harmonized System Comply with OSHA’s HazCom Standard?
In line with the recent OSHA announcement to move toward adopting Globally Harmonized System (GHS) OSHA released a letter of interpretation on its current policy on GHS complying with OSHA’s Hazard Communication Standard (HCS).
A writer asked specific questions regarding the use of the GHS of Classification and Labeling of Chemicals. The following responses constitute OSHA’s interpretation of only the requirements discussed and may not be applicable to any questions not delineated outside of the listed scenarios and questions. The paraphrased scenario and questions are below, followed by OSHA’s responses.
Scenario: Your company manufactures various ink products for industrial inkjet printers and some of these ink products are considered hazardous within the context of:
OSHA’s Hazard Communication Standard (HCS), 29 CFR 1910.1200;
Canada Hazardous Products Act;
European Union (EU) Regulation EC/1272/2008 (EU GHS);
United Nations (UN) Globally Harmonized System of Classification and Labeling of Chemicals (UN GHS).
Question 1: Would you consider an EU GHS label sufficient to meet the spirit and intent of OSHA’s current HCS?
Reply 1: A qualified yes, as long as the label complies with the provisions of the HCS as discussed herein. The HCS was promulgated to ensure that the hazards of all chemicals produced in or imported into the U.S. are evaluated and that information concerning their hazards is transmitted to employers and employees. The transmittal of information is to be accomplished by means of comprehensive hazard communication programs which include container labeling and other forms of warning covered under 29 CFR 1910.1200(f).
The HCS requires that labels contain the identity of the chemical; appropriate hazard warnings; and the name and addresses for the chemical manufacturer, importer, or other responsible party [29 CFR 1910.1200(f)(1)]. The identity of a chemical is the chemical name or common name that is also used on the material safety data sheet (MSDS), and a hazard warning means words, pictures, symbols, or a combination thereof which conveys the specific physical and health hazards, including the target organ effects [29 CFR 1010.1200(c)]. Manufacturers, importers, and distributors must ensure that containers of hazardous chemicals leaving their facilities have labels which contain these elements.
Classification schemes in the EU and other countries may be different from those in OSHA’s HCS. These classification schemes may affect the information provided on both the safety data sheet and the label. However, as long as the EU GHS label contains the information required by the HCS, OSHA will consider the EU GHS label sufficient.
OSHA is proposing to amend the HCS to incorporate the GHS. If these changes are ultimately adopted, then EU GHS labels should generally meet the requirements of the HCS.
Question 2: Would you take enforcement action under your current regulations against manufacturers, importers or distributors that market products that have been appropriately labeled according to EU GHS requirements?
Reply 2: OSHA would not issue any citations so long as the chemical label and other forms of warning include the information required by OSHA’s HCS, as discussed above.
Question 3: Would you take enforcement action under your current regulations against employers or users of a product that has been appropriately labeled according to EU GHS requirements?
Reply 3: Employers obligations under the HCS are distinct from those of manufacturers, importers, or distributors. According to the Hazard Communication Directive, CPL 02-02-038, Paragraph (E)(1)(d)(1), available on OSHA’s website: “Employers are not to be held responsible for inaccurate information on the MSDS/label which they did not prepare and they have accepted in good faith from the chemical manufacturer, importer, or distributor. The “responsible party” named on the MSDS and the label would be held responsible for the accuracy of the information and potentially subject to citation if a violation of the HCS was determined to exist.”
Manufacturers, importers and distributors of hazardous chemicals are required to determine the hazards of the chemical(s) they produce or import and provide that information downstream to employers and employees through MSDSs and labels that comply with 29 CFR 1910.1200.
OSHA Cites Seafood Processor Following Worker Death in Ice Machine
OSHA has cited Northern Wind Inc., a New Bedford, MA, seafood processor, for 23 alleged violations and $66,800 in penalties after a worker was killed on May 4 when he became caught in the moving parts of a large industrial ice-making machine that activated while he was performing maintenance work inside it.
OSHA found that the plant lacked specific steps and procedures to power down and lock out the ice machine’s power source before employees entered it. The agency’s investigation also found that workers were not trained to recognize and address the hazard of the machine operating without warning. In addition, the plant lacked a program and employee training for working in confined spaces, such as the ice machine, and ladders were not available to ensure safe entry and exit from the ice machine.
Additionally, OSHA’s inspection identified unmarked exit doors and a lack of emergency exit route lighting, no eyewash or drenching facilities for employees working with corrosive chemicals, a lack of material safety data sheets and chemical hazard communication training, unguarded open-sided floors, a missing safety latch on a hoisting hook and several electrical-related hazards.
All told, these conditions resulted in the issuance of 19 serious citations, with $62,800 in proposed fines. The company also has been fined $4,000 for four other-than-serious hazards, including incomplete recording of injuries and illnesses. The combined penalties total $66,800.
OSHA issues proposed rule to adopt the Globally Harmonized Hazard Communication System
WASHINGTON - A proposed rule to align the Occupational Safety and Health Administration’s Hazard Communication Standard (HCS) with provisions of the United Nations Globally Harmonized System of Classification and Labelling of Chemicals (GHS) will be published in the September 30 Federal Register.
The current HCS requires chemical manufacturers and importers to evaluate the hazards of the chemicals they produce or import and provide information to subsequent users. The current standard requires all employers to have a hazard communication program for workers exposed to hazardous chemicals. The program includes materials such as container labels, safety data sheets, and employee training.
A number of countries, including the United States, international organizations and stakeholders participated in developing the GHS to address inconsistencies in hazard classification and communications. The GHS was developed to provide 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. Under the GHS, labels would include signal words, pictograms, and hazard and precautionary statements. Additionally, information on safety data sheets would be presented in a designated order.
“The proposal to align the hazard communication standard with the GHS will improve the consistency and effectiveness of hazard communications and reduce chemical-related injuries, illnesses and fatalities,” said acting Assistant Secretary of Labor for OSHA Jordan Barab. “Following the GHS approach will increase workplace safety, facilitate international trade in chemicals, and generate cost savings from production efficiencies for firms that manufacture and use hazardous chemicals.”
Under the Occupational Safety and Health Act of 1970, OSHA’s role is to promote safe and healthful working conditions for America’s men and women by setting and enforcing standards and providing training, outreach, and education. For more information, visit www.osha.gov.
WASHINGTON - Hazard Communication Guidance for Combustible Dusts(PDF) is a new guidance document recently published by the Occupational Safety and Health Administration (OSHA) that is intended to assist chemical manufacturers and importers in recognizing the potential for dust explosions, identifying appropriate protective measures and the requirements for disseminating this information on material safety data sheets and labels.
OSHA goes on to state that combustible dusts are solids finely ground into fine particles, fibers, chips, chunks or flakes that can cause a fire or explosion when suspended in air under certain conditions. Types of dusts include metal (aluminum and magnesium), wood, plastic or rubber, biosolids, coal, organic (such as flour, sugar and paper, among others), and dusts from certain textiles.
The document addresses the combustible dust hazards in relation to the Hazard Communication Standard, which is designed to ensure that chemical hazards are evaluated and the information concerning them is transmitted to employers and workers.
“Recent events have shown the devastation of combustible dust explosions resulting in worker loss of life and injuries,” said acting Assistant Secretary of Labor for OSHA Jordan Barab. “This guidance document is a useful resource to prevent potentially catastrophic events.”
OSHA is proposing $145,800 in penalties against SKAPS Industries for 32 safety and health violations that exposed workers to possible injury or death at their three locations in Athens, Commerce and Pendergrass, Ga.
SKAPS Industries is a fabricator of geosynthetic and nonwoven drainage products for environmental and civil use. The Athens and Pendergrass plants are each being cited for one willful violation with a proposed penalty of $44,000 for audiograms not being conducted annually for exposing workers to harmful noise. The agency defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.
The three locations are being cited with a total of 24 serious violations and $51,800 in proposed penalties for not developing or implementing a written hazards communication program, having unmarked emergency exits, not instructing the affected operators with lockout and tag-out requirements and a lack of protection from arc welding rays and electrical 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.
Additionally, the Pendergrass plant is receiving four other-than-serious violations carrying a $3,000 fine for not correctly filling out OSHA 300 logs for calendar year 2007-2009 and not maintaining separate 300 logs for 2007-2009. The Commerce facility has been given one other-than-serious violation with a proposed penalty of $3,000 for not correctly filling out OSHA 300 logs for calendar year 2006-2008. The Athens and Pendergrass locations are each receiving one other-than-serious violation for not posting hearing conservation standards in the workplace, with no penalty assessed, but the company is required to make the necessary changes to bring it into compliance with all OSHA standards.
“This company should not wait until a serious injury or death occurs to any of its more than 225 employees before making needed changes in its safety procedures,” said Gei-Thae Breezley, director of OSHA’s Atlanta-East Area Office. “When a company persists in ignoring its responsibilities, OSHA will step in to protect workers’ safety.”
OSHA has proposed $118,650 in fines against 4 Brothers Stucco Co., a Cleveland, Tenn., stucco contractor, for 15 alleged repeat and serious violations of safety standards at a Torrington, Conn., worksite.OSHA’s inspection found employees working on scaffolding, in an aerial lift and on the roof at the 492 East Main St. worksite, were exposed to falls of up to 22 feet. The inspection also identified electrical, overhead and chemical hazard communication deficiencies at the worksite.
“These sizable fines reflect both the seriousness and recurring nature of several of the conditions cited here,” said C. William Freeman III, OSHA’s area director in Hartford. “Keep in mind that falls are the number one killer in construction work and can occur in an instant. Be it a scaffold, an aerial lift or a roof, proper and effective fall protection must be in place and in use at all times.”Specifically, 4 Brothers, which also operates as VP Stucco Co. Inc., was issued six repeat citations, with $84,000 in proposed penalties, for no fall protection for employees in an aerial lift; lack of guardrails on the scaffold; employees climbing the scaffold’s side and cross braces; employees not trained to recognize scaffold hazards; no protective helmets; and failing to have the scaffold erected and dismantled under the supervision of a competent person. A review of the OSHA website shows OSHA had cited the company in 2004, 2006, 2007 and 2008 for similar hazards at other worksites. Some of these inspections resulted in repeat violations as well.
The Torrington inspection also resulted in nine serious citations, with $34,650 in proposed penalties, for employees working on a roof without fall protection; an improperly supported scaffold; unguarded walkways between scaffolds; using an ungrounded extension cord to power a mixing drill; and lack of a hazard communication program, training, material safety data sheets, and protective gloves for employees working with cement and hazardous chemicals. 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.
WASHINGTON - 