Two Teens Died in Tragic Incident

An agreement was reached with Haasbach LLC in Mount Carroll, IL resolving 25 citations issued by OSHA and child labor civil money penalties assessed by its Wage and Hour Division. The resolution follows the deaths of Wyatt Whitebread, 14, and Alex Pacas, 19, at the company’s Mt. Carroll grain bin facility in July 2010. A 20-year-old worker also was seriously injured in the incident.

“This tragedy has had a profound effect on the community of Mt. Carroll and the grain industry nationwide,” said Assistant Secretary of Labor for OSHA Dr. David Michaels. “We hope that the deaths of these two young men send a profound and unmistakable message throughout the grain industry that loss of life can and must be prevented.”

At the time of the incident, the workers were “walking down the corn” to make it flow while machinery used to convey the grain was running. All three became trapped in corn more than 30 feet deep, and Whitebread and Pacas suffocated.

OSHA cited Haasbach for 12 willful, 12 serious and one other-than-serious violation of the agency’s grain standards. Following the agreement reached in this case, which was approved by an administrative law judge of the independent Occupational Safety and Health Review Commission, the company must pay $200,000 in penalties, an amount amended from the original fines assessed. Haasbach is no longer in business.

Since 2009, OSHA has fined grain operators in Illinois, Colorado, South Dakota and Wisconsin following similar preventable fatalities and injuries. In addition to enforcement actions, Michaels sent a notification letter to grain elevator operators warning them not to allow workers to enter grain storage facilities without proper equipment, precautions and training. “OSHA will not tolerate noncompliance with the Grain Handling Facilities standard,” said Michaels in the letter. “We will continue to use our enforcement authority to the fullest extent possible.”

OSHA’s Region V, which includes Illinois, Ohio and Wisconsin, initiated a Grain Safety Local Emphasis Program in August 2010. This program focuses on hazards associated with grain engulfment, machine guarding, lockout/tagout of dangerous equipment to prevent accidental start up, electricity, falls, employee training and combustible dust hazards.

A separate investigation by the Labor Department’s Wage and Hour Division found that Haasbach violated the Fair Labor Standards Act’s child labor provisions by employing workers under age 18 to perform hazardous jobs that are prohibited by the FLSA. Under the agreement, Haasbach will pay $68,125, the full civil money penalty originally assessed as a result of those violations.

“It is against the law to put the health and well-being of minors at risk by requiring them to perform prohibited hazardous jobs,” said Nancy Leppink, deputy administrator of the Wage and Hour Division. “It is the employer’s responsibility to know and adhere to child labor laws and regulations. If violators decide not to follow the law, they should know that the Wage and Hour Division will not hesitate to use all available tools, including litigation, to pursue those who put young workers in harm’s way.”

Under the FLSA’s child labor provisions, the secretary of labor has declared certain jobs too hazardous for anyone younger than 18 to perform and other jobs too dangerous for anyone younger than 16. For example, employing and requiring anyone younger than 16 to work in occupations involving warehousing or transportation, including in a grain bin operation, is a violation. Similarly, employing a worker younger than 18 to climb on top of a high grain bin violates a hazardous order, as does having a minor work in a hazardous occupation involving the operation of a power-driven hoisting device. These rules must be followed unless a specific exemption applies. More information on child labor rules can be found at http://www.dol.gov/elaws/youth.html, and information about hazardous occupations orders is available at http://www.dol.gov/elaws/esa/flsa/docs/haznonag.asp.

The Labor Department has proposed a regulation that would, among other changes, create a new hazardous occupations order involving the nonagricultural employment of individuals under age 18. The regulation would prohibit them from being employed in the storing, marketing and transporting of farm-product raw materials. Prohibited places of employment would include country grain elevators, grain bins, silos, feed lots, stockyards, livestock exchanges and livestock auctions. For more information on the proposed rule, visit http://www.dol.gov/whd/CL/AG_NPRM.htm.

Texting While Driving is Becoming a Big Business Concern

More and more states have laws banning texting while driving for all drivers. Currently, 35 states have such laws, and many also include a ban on cell phone use.  The US Transportation Secretary Ray LaHood recently announced the final rule prohibiting interstate truck and bus drivers from using hand-held cell phones while operating their vehicles.  Civil penalties will result for violators.

Further, OSHA’s Dr. David Michaels stated in his October 20, 2011 blog:

“Companies are in violation of the Occupational Safety and Health Act if, by policy or practice, they require texting while driving, or create incentives that encourage or condone it, or they structure work so that texting is a practical necessity for workers to carry out their job.” He went on to say: “When OSHA receives a credible complaint that an employer requires texting while driving or who organizes work so that texting is a practical necessity, we will investigate and where necessary issue citations and penalties to end this practice.”

How Does This Apply to My Business?

You may ask: ‘Why all of the fuss about texting and why is this important to me and my business?”  According to an OSHA flyer on distracted driving, the statistics speak for themselves:

• Texting while driving claimed more than 16,000 lives from 2001 to 2007.
• Drivers who are texting take their eyes off the road 400% more than when they are not texting.
• Texting leads to more crashes.  With each additional 1 million text messages, fatalities from distracted driving rose more than 75%.
• Texting is becoming one of the primary forms of communication, so accidents and injuries are on the rise.

Employers face increased worker compensation costs and tort claims by employees injured or who caused accidents when texting while driving.  Even though many of the texts may be created when an employee is not officially on working time, the reasons for the texts were for business and are decided to fall under the work comp umbrella.

How Can You Protect Yourself?

Proactive businesses should develop a strong policy prohibiting texting while driving. The policy should be implemented with full support of all management, and employees should be trained and educated on the policy’s application.  Many companies require their employees to sign an acknowledgement of receipt of the policy.  Lastly, the company must strictly and uniformly enforce their policy including necessary disciplinary action for any employee, including a management level person, who violates it.  A sample policy may be viewed here and adapted for your use.

Every company should know the laws regarding texting and cell phone use in their state(s).  Do you?  A complete listing of each state’s laws is available for you to check.  If your state doesn’t have a law banning texting while driving, it may soon.

Here are some other useful links for further information on distracted driving:
http://www.distraction.gov/
http://www.osha.gov/distracted-driving/initiative.html

Proper Combustible Gas Monitoring Among Seven Key Safety Lessons from a CSB Investigation of Multiple Hot Work Disasters

 Wausau, Wisconsin, March 4, 2010 – The U.S. Chemical Safety Board (CSB) today issued a safety bulletin warning of the hazards of conducting hot work in a variety of industries and identifying seven key lessons aimed at preventing worker deaths during hot work in and around storage tanks containing flammable materials.

Hot work is defined as any work activity that involves burning, welding, cutting, brazing, grinding, soldering, or similar spark-producing operations that can ignite a flammable atmosphere

The CSB began investigating hot work hazards following an explosion that occurred on July 29, 2008, at the Packaging Corporation of America (PCA) corrugated cardboard mill in Tomahawk, Wisconsin, which killed three maintenance workers and injured another. The CSB determined the explosion resulted from welding above an 80-foot-tall storage tank that contained highly flammable hydrogen gas – the product of bacterial decomposition of organic fiber waste inside the tank.

You can Read the rest of the article here on the U.S. Chemical Safety Board web site.

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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Jan. 8, 2010
Contact: Office of Communications
Phone: 202-693-1999

New OSHA videos provide respirator and facemask safety guidance

WASHINGTON — The Occupational Safety and Health Administration has developed two new videos for healthcare workers that feature training and guidance on respirator safety.

OSHA’s “Respirator Safety” video demonstrates how to correctly put on and take off common types of respirators, such as N95s. “The Difference between Respirators and Surgical Masks” video explains how they prevent exposure to infectious diseases.

“Respirators play an important role in protecting many workers from exposure to chemical and biological hazards in the workplace,” said Assistant Secretary of Labor for OSHA David Michaels. “At a time when pandemic influenza has highlighted the risk to healthcare workers, these videos will prepare and protect workers from the very illnesses they are responsible for treating.”

The videos also explain how workers can perform a user seal check to test whether a respirator is worn properly and will provide the expected level of protection. Viewers may watch both English and Spanish versions by visiting OSHA’s Respiratory Protection page or the Department of Labor’s YouTube site.

According to OSHA’s respiratory protection standard 29 CFR 1910.134, respirators must be used as part of a comprehensive respiratory protection plan.

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.

http://www.youtube.com/usdepartmentoflabor#p/u/4/Tzpz5fko-fg

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Cincinnati Contractor Very Familiar to OSHA Hit with More Fines for Exposing Workers to Lead

OSHA levies $321,000 in fines against bridge and tower painter UCL Inc. in Cincinnati for exposing workers to lead

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has cited bridge and water tower painter UCL Inc. in Cincinnati with alleged willful, egregious and serious violations of federal workplace safety and health standards for exposing workers to lead. Proposed fines total $321,000.

OSHA began its inspection in May where UCL was abrasive blasting paint from two bridge overpasses on I-75 near Middletown, Ohio. The inspection revealed nine alleged willful and two serious violations.

Hazards identified as willful allege a variety of violations of the federal lead in construction standard, including a lack of appropriate respirators and protective clothing, failing to maintain eating areas free of lead contamination and failing to remove lead dust from equipment before workers entered designated eating areas.

Four of the willful violations, relating to the employer’s failure to provide clean protective clothing to workers on a daily basis, are also classified as egregious. By designating violations as egregious, OSHA can assess penalties for each time the violation occurs, rather than proposing a single penalty for all violations of a specific agency regulation.

The two serious violations address an inadequate lead compliance program and failing to provide adequate hand washing facilities for employees.

“Few Americans are aware of lead’s deadly effects or the fact that lead taken home on clothing and work tools can infect an entire family,” said OSHA Area Director Richard Gilgrist in Cincinnati. “The cost of employee and family health is far too great a price to pay for anyone to ignore this hazard. All of us want to see working men and women go home safe and without carrying toxic substances into their homes at the end of every work shift.”

While UCL has been in business since 1999, the company owner previously owned United Painting Co., a business that according to OSHA has been cited repeatedly for lead standard violations. UCL also has received numerous citations, many of which were for violations of federal lead standards. An Aug. 27 fatal accident at another bridge painting worksite of UCL, along the same I-75 construction corridor, is still under investigation.

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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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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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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:

http://www.osha.gov.

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