Your Form 300A Must Be Posted as of February 1

On February 1 of each year, employers with 10 or more employees must post the OSHA-required Form 300A, which summarizes an employer’s recordable injuries and illnesses for the prior year. The Form 300A posting period is February 1 to April 30. An employer subject to this requirement must post the OSHA 300A even if the employer had no recordable injuries/illnesses in the prior year.

All of the data required for the OSHA 300A is taken from the Form 300. Form 300 is not typically posted as it contains confidential medical information. Employees with no fixed work site or no access to posted sites, such as field sales reps, must be provided with a copy of the report.

Some industries are partially exempt from keeping the Form 300A.  A list of partially exempt industries may be found at http://www.osha.gov/recordkeeping/ppt1/RK1exempttable.html .  Remember that regardless of your size or industry exemption, if an employer has a fatality, or hospitalization of three or more employees from the same event then you must contact OSHA within eight hours.  Please note that some State Plans have even lower thresholds for reporting injuries and it is advisable that you check with your state plan for their requirements.

OSHA provides information on its recordkeeping and posting  requirements on its Web site at www.osha.gov/recordkeeping/index.html.  There you will find Frequently Asked Questions on the requirements, as well as the “OSHA Recordkeeping Handbook” and the recordkeeping forms. The most recent forms are dated as revised in January 2004.

If you need assistance in OSHA recordkeeping feel free to contact us.

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OSHA has cited Fibrelite for 21 alleged violations of workplace safety standards at its Pawcatuck, Connecticut plant. The manufacturer of composite manhole covers faces a total of $90,500 in proposed fines, chiefly for dust related fire and explosion hazards.

OSHA’s inspection found that combustible particulate solids, which were generated during trimming and repair operations, were not collected into an adequately designed dust collection system, were allowed to accumulate on machinery and surfaces, and were not adequately cleaned up to prevent such buildup. The combustible material was exposed to several potential ignition sources, including an LP gas-powered industrial truck, exposed wiring and a spark producing tool.

“A combustible dust explosion can be a catastrophic and fatal event, yet its dangers can be minimized if employers identify and promptly address combustible dust hazards,” said Robert Kowalski, OSHA’s acting area director in Hartford. “An effective dust collection system, proper industrial hygiene and frequent cleaning are critical to preventing a dangerous and potentially fatal buildup of combustible dust in the workplace.”

Other hazards identified during OSHA’s inspection include improper storage of waste material saturated with combustible residue, flammable liquid waste allowed to drip into an open bucket, inadequate precautions to avoid ignition sources for flammable liquids, a spray booth lacking a sprinkler and adequate grounding, a lack of an emergency action plan, unguarded power presses, a lack of specific energy control procedures for various machines, excess air pressure for a cleaning hose and several electrical hazards.

These conditions resulted in Fibrelite being issued 20 serious citations with $89,500 in fines. The company also has been issued one other-than-serious citation, with a $1,000 fine, for incorrectly recording injuries and illnesses.

Detailed information on combustible dust hazards and safeguards, including a concise fact sheet, is available online at http://www.osha.gov/dsg/combustibledust/index.html and http://www.osha.gov/pls/publications/publication.athruz?pType=Industry&pID=250.

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Federal OSHA is proposing $217,500 in penalties against Hearthmark LLC, doing business as Jarden Home Brands, for safety violations at its Birmingham Alabama location.

The inspection began in July 2009, after an employee was burned when hot wax he was transferring from a railcar erupted. The investigation, including an evaluation for combustible dust, was expanded to all areas of the Birmingham facility when inspectors observed a number of safety hazards during their initial walk through.

OSHA has cited the company with two willful violations with a proposed penalty of $110,000 for failing to develop and use specific lockout/tagout (of accidental energy start-up) procedures for workers engaged in servicing and performing maintenance activities and housekeeping issues related to the accumulation of combustible dust.

The company is also being cited for 31 serious safety violations with $107,500 in proposed penalties. The violations include failing to establish and implement procedures for employees transferring wax from railcars to holding tanks, unguarded platforms, fixed stairs not having standard guard rails, lack of machine guarding, numerous electrical hazards (including unapproved electrical equipment being used in areas containing combustible dust), not filling required permits for confined spaces, belts, pulleys and shafts not being guarded, and failing to utilize restraint systems on powered industrial trucks.

“OSHA determined that this company is fully aware of the deficiencies it has in its safety program and what needs to be changed to provide safe work conditions for employees but hasn’t acted to correct those deficiencies,” said Roberto Sanchez, director of OSHA’s Birmingham Area Office.

Hearthmark LLC is headquartered in Dareville, Ind., and has facilities in North Carolina, Texas, California and Ontario. The company manufactures fire logs under the Pine Mountain, Java-Log and StarterLogg brands.

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January 26th, 2010
Yesterday the U.S. Department of Labor made six datasets publicly available.  The datasets released include information from the OSHA, which will make it possible for anyone in the public to track injury statistics in the American workplace.  This is all part of the Federal Government’s “transparency” initiative.

Aside from the six datasets released yesterday, a few months ago OSHA made available a dataset to report weekly fatalities and catastrophes as reported by its area offices.

The OSHA dataset released yesterday by OSHA is the — Establishment Specific Injury and Illness Rates http://www.data.gov/details/1461     Also see on OSHA’s Web site at http://www.osha.gov/pls/odi/establishment_search.html

Each year, OSHA collects work-related injury and illness data from employers within specific industry and employment size specifications. This data collection is known as the OSHA Data Initiative or ODI. The data are used by OSHA to calculate establishment specific injury and illness incidence rates.  Then helps them target their inspection activities. Data from 1996 to 2007 are now searchable online.  So now you can search establishment’s reported injury and illness data.

Now I am not sure how this makes our Government more transparent but if you are the owner or senior leadership of the establishments listed, you just got more transparent. 

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Federal OSHA has proposed $97,500 in fines against C&S Wholesale Grocers for alleged repeat and serious violations of safety standards following inspections of company warehouses in Windsor Locks and Suffield, Conn. The bulk of the citations and fines address the recurrence of hazards cited during a 2008 OSHA inspection of the Windsor Locks warehouse.

“Unfortunately, several of the hazardous conditions cited in 2008 have returned, again putting workers at risk of serious injuries or death from electrical and crushing hazards,” said Robert Kowalski, OSHA’s acting area director in Hartford. “The sizable fines proposed here reflect both the gravity and recurring nature of these hazards. This employer must implement effective and continual corrective action to eliminate these hazards at all its locations, now and in the future.”

The current OSHA inspection found damaged storage racks, an ungrounded energized dock light, an energized wall outlet box lacking a knockout plug, and unguarded moving machine parts at Windsor Locks; no auxiliary lighting for powered pallet jacks at Suffield that were operating in areas where the dock lights were not in working order; and exposed energized electrical conductors on loading dock lamps at both locations. Since OSHA cited the company in July 2008 for similar hazards, these latest conditions resulted in the issuance of seven repeat citations with $82,500 in proposed fines.

Three serious citations, with $15,000 in fines, were issued for allowing the use of man basket lifts on powered industrial trucks without first obtaining the manufacturer’s approval, exposed live electrical parts and exposed electrical conductors.

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Federal OSHA issued three Mueller Industries Inc. subsidiaries in Fulton Mississippi 128 citations for allegedly exposing workers to safety and health hazards. The privately-held corporation headquartered in Memphis, Tenn., owns and operates 20 facilities located in eight states and two foreign countries.

OSHA began its investigation in July 2009 after a maintenance worker employed by Mueller Copper Tube Co. Inc., a subsidiary of Mueller Industries, was killed, and two other workers were injured when naphtha, a flammable liquid of hydrocarbon mixtures, leaked from an electric pump and ignited.

“Mueller Industries subsidiaries’ dangerous practices exposed workers at their facilities to a variety of hazards that ultimately took one worker’s life,” said Assistant Secretary of Labor for OSHA Dr. David Michaels. “The significant fines of $683,000 cannot replace this worker’s life or bring peace to the family, but they will go a long way in letting this employer know disregarding worker safety and health will not be tolerated.”

Mueller Copper Tube has been issued willful, repeat and serious citations. A willful citation with a penalty of $40,000 alleges the failure to repair a corroded live electrical disconnect, which exposed workers to electrical shock. Ten repeat citations with penalties of $150,000 allege failure to guard machinery; unsafe electrical equipment and practices; and failure to label hazardous chemicals. Sixty-nine serious citations, with proposed penalties of $223,500, allege unsafe cranes; fall hazards; unsafe ladders; blocked and inadequate exits; unsafe flammable liquid and compressed gas use and storage; locking out hazardous energy sources during maintenance and service; a lack of machine guards; unsafe electrical equipment and practices; and failure to establish a respiratory protection program.

The initial safety inspection at Mueller Cooper Tube was expanded to include Mueller Fittings LLC and Mueller Packaging LLC, two additional subsidiaries of Mueller Industries. Mueller Fittings has been issued 22 serious citations, with penalties of $64,000, alleging the failure to lock out energy sources, unsafe propane storage and handling, overexposure to noise, unsafe material storage, and the likelihood of exposure to bloodborne pathogens. Eight repeat citations also have been issued, with penalties of $102,500, alleging a lack of machine guarding, electrical hazards and the inadequate labeling of hazardous chemicals.

Mueller Packaging has been issued 12 serious citations, with penalties of $28,000, alleging unsafe crane operation, failing to lock out sources of hazardous energy, hazardous chemical exposures, and overexposure to noise; five repeat citations, with penalties of $75,000, alleging an unsafe forklift modification, electrical hazards and inadequate labeling under the hazard communication standard; and one other-than-serious violation, with no penalty, for an electrical deficiency.

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The U.S. Consumer Product Safety Commission, in cooperation with Acer America Corporation, of San Jose, California announced a voluntary recall of Certain Acer Aspire-series Notebook Computers. Consumers should stop using recalled products immediately unless otherwise instructed.

There are about 22,000 units that are of concern. An internal microphone wire under the palm rest can short circuit and overheat. This poses a potential burn hazard to consumers.  Acer has received three reports of computers short circuiting, resulting in slight melting of the external casing. No incidents occurred in the United States. No injuries have been reported.

The recalled notebook computer models are the Acer AS3410, AS3410T, AS3810T, AS3810TG, AS3810TZ and AS3810TZG. The computer’s screen size is about 13.3 inches measured diagonally. Not all units are affected. Consumers should contact Acer to determine if their unit is included in the recall.

These computers were sold at ABS Computer Technologies, D&H Distributing, Fry’s Electronics, Ingram Micro, Radio Shack, SED/American Express, Synnex Corporation, SYX Distribution, Tech Data Corporation and other retailers nationwide and Amazon.com from June 2009 through October 2009 for between $650 and $1,150.

Consumers should stop using the recalled notebook computers immediately and contact Acer to determine if their notebook is affected and to receive a free repair.  For additional information, contact Acer toll-free at (866) 695-2237 anytime, or visit the firm’s Web site at www.acer.com

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The U.S. Consumer Product Safety Commission, in cooperation with No-Spill LLC announced a voluntary recall of the No-Spill 5-gallon Gasoline Cans. Consumers should stop using recalled products immediately unless otherwise instructed.

The gas containers can leak fuel at the black plastic collar where the spout connects to the can, posing fire and burn hazards to consumers. The 5-gallon gas cans are made from heavy-duty red plastic and carry date codes AIP09202 through AIP09222. The date code is located on the bottom of the can. Not all cans in this date range are affected.

These cans are sold at Lawn & garden stores nationwide, hardware retailers and online from August 2009 through November 2009 for about $30.  Consumers should test their gas cans to determine whether they leak and immediately stop using the leaky cans. Consumers should contact No-Spill to receive a free replacement.

For additional information, contact No-Spill toll-free at (877) 928-0049 between 8:30 a.m. and 4:30 p.m. CT Monday through Friday or visit the firm’s Web site at www.nospill.com/recall

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The U.S. Consumer Product Safety Commission, in cooperation with MooreCo, Inc. announced a voluntary recall of the Spine Align and Posture Perfect Ergonomic Office Chairs.  Consumers should stop using recalled products immediately unless otherwise instructed.

The legs of the chair can break, posing fall hazard to the user.  The company has received five reports of the legs of the chairs breaking, resulting in three minor injuries and in the aggravation of an existing back injury.

This recall involves the Spine Align and the Posture Perfect Ergonomic Office Chairs with model numbers 34571 and 34556 respectively. The base of the chair is made of hard plastic and the chair has no marks or labels. Chairs bearing marks or labels are not included in this recall. The model number is found in the packaging.

These chairs are sold through catalogs and online by United Stationers, Staples, S.P. Richards, and W.B. Mason from December 2007 through October 2009 for between $320 and $650.

Consumers should stop using the recalled chairs immediately and contact MooreCo for a free repair or a replacement chair.  For additional information, contact MooreCo toll free at (888) 446-5161 between 8 a.m. and 5 p.m. Monday through Friday, or visit the company’s Web site at www.chairrecall.com

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July 2009 explosion at Midcontinent Express Pipeline site resulted in fatality and injuries

January 13, 2010

Three companies are being cited by OSHA for exposing workers to hazards during the construction of gas pipeline meter stations in Mississippi. Mustang Engineering L.P., Grand Bluff Construction LLC and Priority Energy Services received citations for failing to protect their workers after one died and three others were critically injured.

OSHA began its investigation after a July 2009 explosion at a meter station construction site in Raleigh, Miss., killed one worker. A second Priority Energy Services worker was critically injured, along with two Grand Bluff Construction workers.

“This tragedy could have been avoided if the companies involved had followed government and industry standards when conducting their pressure tests,” said Clyde Payne, director of OSHA’s Jackson Area Office.

OSHA has cited Mustang Engineering with two willful violations for exposing workers to struck-by hazards while performing pressure tests. Grand Bluff Construction has been cited with one willful and three serious violations related to exposing workers to struck-by hazards and failing to provide adequate training. Priority Energy Services has been cited with two serious violations for also exposing workers to struck-by hazards and one serious violation for allowing the use of a stairway without a railing.

Proposed penalties for the three companies total $189,400, of which Mustang Engineering is receiving penalties of $112,500; Grand Bluff Construction, $67,900 and Priority Energy Services, $9,000.

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