Endres Processing LLC, headquartered in Rosemount, MN., and its subsidiary, Endres Processing Ohio LLC, have been cited by OSHA with safety and health violations that include exposing workers to combustible dust hazards. The firm manufactures an animal feed supplement from unsold bakery products. Proposed fines total $472,900.

OSHA began a health inspection in June after receiving information that fires had occurred in the Ohio plant, and that large amounts of dust from the manufacturing process had accumulated throughout the worksite.

Following the health inspection, OSHA issued four willful violations with penalties totaling $252,000 and five serious violations with penalties totaling $14,900. The willful violations allege the lack of explosion protection, the failure to equip process equipment with combustible dust collection systems, hazardous accumulations of dust, and the use of electrical equipment that was unsafe to use in areas with combustible dust accumulation. The serious violations address hazards from workers breathing the dust, allowing combustible materials in areas where workers were welding, and unsafe electrical equipment and practices. The proposed health violation fines total $266,900.

A safety inspection was also initiated, and OSHA issued two willful violations with penalties totaling $126,000 and 21 serious violations with penalties totaling $80,000 following that inspection. The willful violations allege confined space hazards and failing to train employees in using the fire fighting system. The serious violations allege a variety of hazards. They include fall hazards, problems with emergency exit lighting, failure to train on and exposure to hazardous machine-energy sources, and additional unsafe electrical equipment and practices. The proposed safety violation fines total $206,000.

The Upper Sandusky site, then owned by Advanced Organics Inc., has been inspected twice since 2004, with serious citations issued for fall protection, combustible dust issues, electrical hazards, machine guarding and fall hazards following the earlier inspections.

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Do you think the ladder access point to this platform meets the OSHA standard for guarding?

OSHA’s general industry standard dealing with walking and working surfaces 1910.23(c) “Protection of open-sided floors, platforms, and runways.” Section (1) states the following: Every open-sided floor or platform 4 feet or more above adjacent floor or ground level shall be guarded by a standard railing (or the equivalent as specified in paragraph (e)(3) of this section) on all open sides except where there is an entrance to a ramp, stairway, or fixed ladder.

If you just read that section of the standard it would be reasonable to think you must have protection around all open sides of this platform except the entry point where there are stairs, ramps, or fixed ladders.

However, a recent memo written by Richard Fairfax, Director of OSHA Enforcement has a different take on this issue.

In his letter Mr. Fairfax states that the governing requirement for the guarding of ladderway floor openings and platforms is not in paragraph 1910.23 (c) but rather in paragraph 1910.23(a)(2): that states: “Every ladderway floor opening or platform shall be guarded by a standard railing with standard toeboard on all exposed sides (except at entrance to opening), with the passage through the railing either provided with a swinging gate or so offset that a person cannot walk directly into the opening.”

Mr. Fairfax goes on to state: “This paragraph applies to ladders that extend to another working surface, even if the ladder attaches to the edge of the working surface or the platform, since the opening at the ladder access point is also a floor opening. The ladders states the passage through the railing must be protected by a swinging gate or offset so that a person cannot walk directly into the opening.”

OSHA believes the intent of the exemption in paragraph (c) was to allow other than a standard, fixed, guardrail at the entrance to a fixed ladder.

Simply put, if you have a fixed ladder access to a floor or platform four feet or more above the adjacent floor or ground level, whether it is through an opening in the platform or along the edge, the access point to that floor or platform must be guarded by either an acceptable swing gate or a railing offset so the person cannot walk directly into that opening.

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Scenario: You are the Safety Manager for your company and are responsible for completing the OSHA 300 Log. It is time for you to have your new Plant Manager sign the “Summary of Work-Related Injuries and Illnesses” Form 300-A so you can post it as required by the standard. You spent quite a bit of time explaining to him how the whole OSHA recordkeeping process works, and he demonstrated quite an interest in what you were doing and the types of injuries your plant was experiencing.

As you are leaving his office, he makes the following statement to you: “When it comes to safety, we have no secrets around here. I think it would be a great idea if you post the entire 300 Log along with the Summary so people see just exactly what type of injuries we are having.”

Question:  How should you respond to his statement?

Answer:  The instructions that accompany the OSHA recordkeeping forms do include the following Question and Answer: “When must you post the Summary? You must post the Summary only–not the Log–by February 1 of the year following the year covered by the form and keep it posted until April 30 of that year.”

The following was taken from a letter of interpretation: “12/18/2003 - Posting requirements for the OSHA 300 Log and OSHA 300-A Summary Form“.

“While our rules do not require the Form 300 to be posted, the regulation also does not prohibit an employer from posting the Form 300 along with the Form 300-A. However, if the employer does choose to post the full Form 300 Log, they should post the Log in an area only accessible by those granted access under the rule (i.e., employees, former employees, employee representatives, and an authorized employee representative). If the posting area is accessible by others (e.g., members of the public) the employer must remove or hide all names of the injured or ill employees as set out in Section 1904.29(b)(10). In addition, 1910.29 prohibits the employer from including the employee’s name for “privacy concern” cases whenever the Form 300 Log is made available to coworkers, former employees, or employee representatives.”

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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.

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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:

http://www.osha.gov/SLTC/asbestos/index.html

and http://www.osha.gov/SLTC/asbestos/construction.html

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OSHA has cited Atlas Excavating Inc. in West Lafayette, IN with two alleged willful violations for failing to follow federal workplace safety standards at a trenching operation. Proposed penalties total $130,200.

OSHA opened an inspection in May 2009 at excavation jobsites in Danville, IL after receiving information that employees were working in excavations as deep as 8 feet without cave-in protection. As a result of the inspection, OSHA has issued two willful violations to the company for failing to protect workers from cave-in hazards and one serious violation for failing to provide workers in a trench a means of exit.

OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health. 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.

“It has long been known that cave-in fatalities are entirely preventable,” said OSHA Area Director Nick Walters in Peoria, Ill. “Any employer involved in trenching and excavation can protect its workers by following OSHA’s clear regulations. Those who ignore safe practices and OSHA regulations are inviting tragedy into the lives of workers and their families.”

Atlas Excavating has been inspected in Indiana by OSHA seven times since 2000 with numerous serious violations issued.

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.

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OSHA and the Wage and Hour Division together have fined Tempel Grain Elevators LLP of Wiley, Colo., more than $1.6 million following the May 29 death of a teenage worker at the company’s Haswell, Colo., grain storage operation. The youth suffocated after being engulfed by grain in one of the facility bins. The company also exposed three other teenage workers to the cited hazards.

“Tempel Grain ignored long-established standards addressing safety in grain handling facilities. It was well aware of the hazards and knowingly put its young workers in harm’s way,” said Secretary of Labor Hilda L. Solis. “From safety to wage and hour issues, the company created a hazardous and illegal working environment for its workers. This situation must be addressed swiftly and completely.”

Following its investigation, OSHA proposed $1,592,500 in fines for 22 alleged willful and 13 alleged serious citations. The willful citations include not providing an emergency action plan prior to entering grain bins, failing to train workers in safe bin entry, a lack of grain engulfment protection, failure to shut off and lock out equipment while employees were working inside bins, a lack of rescue equipment, and allowing hazardous accumulations of grain dust that could contribute to fire and explosion. 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.

The serious citations include unguarded conveyors, fall hazards, a lack of first aid supplies and trained medical personnel, incomplete fire extinguisher inspections, using extension cords in place of permanent wiring and failing to inspect electrical equipment. An OSHA violation is serious if death or serious physical harm can result from a hazard an employer knew or should have known exists. The company has 15 business days from receipt of all OSHA citations to comply, request an informal conference with OSHA’s area director or contest the findings before the independent Occupational Safety and Health Review Commission.

The Wage and Hour Division conducted a separate investigation that disclosed 77 child labor violations involving 15 minor employees. These include employing underage workers, allowing teenage employees to work hours prohibited by the Fair Labor Standards Act (FLSA), and allowing them to work in jobs prohibited by the act’s occupation standards as well as by the department’s hazardous occupations orders. These violations carry fines totaling $64,487. The investigation also found 59 workers due a total of $56,285 in back wages for minimum wage and overtime violations of the FLSA.

Violations include employment of a 13-year-old, and having 14- and 15-year-olds work prohibited hours and in prohibited occupations in connection with transportation, storage and warehousing of the grain and power-driven equipment. Employees ranging from 14 to 17 years of age were operating prohibited hazardous equipment, including hoisting apparatus such as skid loaders, front end loaders and forklifts, and riding elevator man lifts. Minors engaged in prohibited activities such as motor vehicle driving and working on or around the roofs of elevators.

The FLSA’s youth employment provisions identify 17 hazardous orders that prohibit specific activities for workers under 18, as well as hours restrictions. The law further states that 14 is the minimum age for employment. Employees 14 and 15 years of age may work only in non-manufacturing and non-mining occupations specifically permitted by the secretary of labor. For more information on youth employment laws, visit http://www.youthrules.dol.gov or call the Wage and Hour Division’s toll-free helpline at 866-4US-WAGE (487-9243).

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US Labor Department’s OSHA issues compliance directive to address flu prevention for health care workers.

For the protection of frontline health care and emergency medical workers at high risk of infection, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) today issued a compliance directive to ensure uniform procedures when conducting inspections to identify and minimize or eliminate high to very high risk occupational exposures to the 2009 H1N1 influenza A virus.

The directive closely follows the Centers for Disease Control’s (CDC) guidance.

“OSHA has a responsibility to ensure that the more than nine million frontline health care workers in the United States are protected to the extent possible against exposure to the virus,” said acting Assistant Secretary of Labor for OSHA Jordan Barab. “OSHA will ensure health care employers use proper controls to protect all workers, particularly those who are at high or very high risk of exposure.”

In response to complaints, OSHA inspectors will ensure that health care employers implement a hierarchy of controls, and encourage vaccination and other work practices recommended by the CDC. Where respirators are required to be used, the OSHA Respiratory Protection standard must be followed, including worker training and fit testing. The directive also applies to institutional settings where some workers may have similar exposures, such as schools and correctional facilities.

The CDC recommends the use of respiratory protection that is at least as protective as a fit-tested disposable N95 respirator for health care personnel who are in close contact (within 6 feet) with patients who have suspected or confirmed 2009 H1N1 influenza.

Where respirators are not commercially available, an employer will be considered to be in compliance if the employer can show a good faith effort has been made to acquire respirators.

Where OSHA inspectors determine that a facility has not violated any OSHA requirements but that additional measures could enhance the protection of employees, OSHA may provide the employer with a hazard alert letter outlining suggested measures to further protect workers.

The 2009 H1N1 influenza is transmitted via direct or indirect person-to-person spreading of infectious droplets passed when an influenza patient coughs, sneezes, talks or breathes. Transmission occurs when expelled infectious droplets or particles make direct or indirect contact with the mucus membranes of the mouth, nose or eyes of an uninfected person. The OSHA directive and other guidelines show steps to eliminate the hazard.

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Children’s Hooded Sweatshirts and Jackets Recalled by Century 21 Promotions, Inc. Due to Strangulation Hazard.

The U.S. CPSC, in cooperation with Century 21 Promotions, Inc., today announced a voluntary recall of Youth Hooded Sweatshirts and Jackets.  Consumers should stop using recalled products immediately unless otherwise instructed.

Century 21 Promotions., Inc. of Seattle, Washington imported 17,000 of these Hooded Sweatshirts and jackets from China. The sweatshirts have a drawstring through the hood which can pose a strangulation hazard to children. In February 1996, CPSC issued guidelines  to help prevent children from strangling or getting entangled on the neck and waist drawstrings in upper garments, such as jackets or sweatshirts.  No Injuries have been reported.

This recall involves children’s sweatshirts and jackets sold in sizes XS – XXL in colors: navy blue, black, brown, pink, red, white, green, grey, blue, yellow, and orange. The recalled garments contain the following embroidered logos: “Montauk,” “Avalon,” “Stone Harbor,” “Cape May,” “Sea Isle,” “Ocean City,” “Alaska,” “Nantucket,” “Maine,” “Long Beach Island,” “Lavallette,” “Seaside Park,” “Newport,” “Monterey,” “Carmel,” “Skaneateles,” “1000 Islands,” “Block Island” and “Seattle.”

The following retail and gift shops: Montauk Clothing, Riptide East, Shirt Shops of Cape May, Summer Sweats, Rip Current Sportswear, B&B Dept. Stores, Trapper Jack’s, Annie & The Tees, Emporium, Inc., The Trading Co., Mackerel Jack’s, Carmel Classics, Rolands, The Ship Gift Shop, Star Dept. Store, Seattle Shirt and Simply Seattle from September 2005 through September 2009 for between $25 and $35. Most stores are located in New England with two stores each in Seattle, Washington and Alaska.

Consumers should immediately remove the drawstrings from the sweatshirts to eliminate the hazard, or return the garment to the place of purchase for a full refund.

Consumer Contact: For additional information, contact Century 21 Promotions at (800) 935-2100 between 9 a.m. and 5 p.m. PT Monday through Friday.

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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