I often hear the horror stories of OSHA experiences. Some are determined to be embellishments of an actual experience, but others justify certain levels of outrage and frustration.  I receive a monthly publication listing the results of OSHA inspections conducted in the state of Kentucky.  I was just reading the January edition of the publication and thought I would share with you a few findings that help to fuel the feelings people may have against OSHA.

In an event where two employees were killed after anhydrous ammonia was released while repairing a freezer pump, the employer was fined a total of $17,500. Now the interesting part about this is that 29% ($5,000) of the total dollar amount was because the employer did not notify OSHA within eight hours of being aware of the fatalities. 

In another situation, OSHA discovered five employees working on a roof 19 feet above the ground with no fall protection that netted (no pun intended) a serious violation of $2,500. So, this could leave one to think that delaying a phone call to OSHA after a fatality is twice as bad as actually exposing employees to a potential death hazard? 

I also found an occurrence where not having an emergency eyewash and shower was labeled as a serious violation and was accompanied with a monetary penalty of $4,500, yet the same violation was listed as an “other than serous” with no monetary penalty for another employer. 

In a situation with an employee who had a finger amputated, the hazards that caused the amputation were listed as a serious violation and cost the employer $4,500. The employer was then fined $3,250 for not reporting the event within 72 hours. Once again are we saying not reporting the event is almost as serious as the actual hazard that casued the event?

Now this one boggles my mind! Another employer was fined $6,600 due to an employee injury, but the entire monetary portion of the citation revolved around not reporting and not recording the injury.  The ensuing OSHA inspection found that the area around a cooker tank was not kept in a clean and dry condition and that the employer did not have proper lockout/tagout procedures in place nor have proper training certification for forklift operators.  Total dollar amount for those findings?  Zero dollars.  Yes, I said zero dollars.

Further down the page, I saw where a little “mom and pop” deli near my house was fined $1,250 for some water on the floor from a leaky roof. So is OSHA telling me grease and oil on the floor around a cooker tank isn’t a hazard but water is? 

One of the most frustrating inspection outcomes was when Kentucky OSHA fined a nonprofit charity organization “Methodist Mountain Mission” $250 for a toilet that “did not flush properly”.   Based on these findings, I can only assume an improperly flushing toilet is more serious than improper lockout procedures?  

Now I don’t pretend to know all the details around these events, but it doesn’t take much to see what could be perceived as significant inconsistencies in enforcement and levels of seriousness.  You want to know why OSHA sometimes gets a bad rap?  Well, just read.  

Note:  So they can get back to clothing and finding gainful employment for the poor in the mountains of Eastern Kentucky, I inserted a link to the Methodist Mountain Mission of KY just in case you might like to donate to their OSHA fine fund.

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TSP Co., Inc. of Lexington Kentucky receives $420,000 in fines for safety violations discovered by Kentucky OSHA from a construction site inspection that occurred in October of 2009 at 100 Trojan Way in Vine Grove Kentucky.

The employer received nine Willful citations related to scaffolding violations.  Citations included employee was working on scaffolding that was more than 25 inches from wall with no fall protection.   Employees were seen climbing scaffolding to access work area; scaffold did not have proper means of access.  The employer did not ensure competent person inspected scaffolding before each work shift. Employees were working on scaffolding that was not erected under supervision of competent person. There were Masonry employees working on scaffolding at least 13 feet above lower level with no fall protection. There was an employee working near unguarded platform edge with no fall protection and Scaffolding did not have proper toe boards or other safety measures to protect three employees working below.  OSHA also observed scaffolding that was not properly joined together vertically by coupling or stacking pins or other means.

The final two willful citations involved the employer not providing training for employees working on scaffolds in fall and other hazards and not properly training employees on hazards associated with erecting, dismantling and working from scaffolds.

TSP also received an inspection in 2007 that is still listed as open by Kentucky OSHA that involves six similar citations with one being a repeat violation and five serious violations.  The current proposed fines for this inspection are $26,600.

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PITTSBURGH — The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has cited Mariani & Richards Inc. for failing to protect workers from falls on a construction site following the investigation of a worker who fell 225 feet to his death.

OSHA began its investigation on Aug. 18, 2009, and found that Mariani & Richards did not provide workers with any fall protection while they were performing maintenance on The Pennsylvanian Building, a historic landmark in downtown Pittsburgh. As a result of the investigation, the company has been cited with one willful violation and a proposed penalty of $70,000.

“This company was cited for the same violation in November 2007 but never took the proper steps to ensure workers were safe at this worksite, resulting in this tragedy,” said Robert Szymanski, director of OSHA’s Pittsburgh office. “OSHA will not tolerate employers who flagrantly ignore the regulations designed to protect workers on the job.”

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Owner pleads guilty to related criminal charge

Federal OSHA has fined the C.A. Franc construction company $539,000 following the investigation of a roofing worker who fell 40 feet to his death at a Washington worksite. The Valencia, Pa.-based roof installer – whose owner is Christopher A. Franc – was cited for 10 per instance willful citations for failing to protect workers from falls.

“Mr. Franc knowingly and willfully failed to protect his workers from falling to their death,” said Assistant Secretary of Labor for OSHA Dr. David Michaels. “Despite repeated requests from workers that he provide fall protection, on this steep roof, Mr. Franc refused to provide readily available protection. We will not tolerate this type of blatant and egregious disregard for the health and safety of workers.”

OSHA began its investigation immediately following the worker’s death on Aug. 15, 2009, and found the C.A. Franc company had failed to provide any fall protection to its employees working on a pitched roof 40 feet off the ground. In addition, Mr. Franc failed to train a newly hired college student in hazards and the necessary safety measures for roofing work. As a result of the investigation, the company has been cited for 10 alleged per-instance willful violations, one for each employee working unprotected on the roof, with a proposed penalty of $490,000, and one additional alleged willful violation for failing to train the new employee, with a penalty of $49,000.

General contractor Hospitality Builders Inc. also has been cited with one willful violation and a proposed penalty of $70,000 for failing to ensure that C.A. Franc workers had fall protection.

“This fall fatality was one of five that occurred during a 15-day span in the Pittsburgh area,” said John M. Hermanson, OSHA’s regional administrator in Philadelphia, Pa. “Falls are the leading cause of fatalities in the construction industry. Failure to provide employees with fall protection is unconscionable. We urge construction companies to take the necessary action to ensure their workers are protected.”

OSHA Believes that they have detailed information about fall hazards and safeguards is available on it’s Web site at http://www.osha.gov/SLTC/fallprotection/construction.html.

In a related criminal charge, Christopher A. Franc today entered a guilty plea in federal court to a violation of 29 U. S. C. Section 666(e). Sentencing is scheduled for June 18.

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Business Owners being charged with contempt order and payment of over $250,000 in fines and growing.

Federal OSHA announced on February 11th the issuance of contempt of court orders against Brian Andre, former owner of Andre Tuckpointing and Brickwork (AT&B), Andre Stone and Mason Work Inc. (AS&MW) and Regina Shaw, owner of AS&MW. The U.S. Court of Appeals for the Eighth Circuit issued the contempt orders against the St. Louis-area company and individuals for failing to comply with court orders enforcing citations of the Occupational Safety and Health Review Commission (OSHRC).

“Companies that expose employees to hazards, and then blatantly ignore citations requiring correction of those hazards, will not be overlooked,” said Charles E. Adkins, OSHA regional administrator in Kansas City, Mo. “Employers must fulfill their responsibility to keep employees safe, as well as satisfy any sanctions levied for failing to do so.”

The cases stem from numerous citations OSHA issued to AT&B and its successor, AS&MW, for willful, repeat and serious violations related to fall hazards, scaffolding erection deficiencies, power tool guarding and other hazards in connection with multiple projects in the St. Louis area.

When the companies failed to comply with the court’s order enforcing OSHRC’s final order, the secretary of labor filed petitions for contempt. As a result, a special master of the Court of Appeals concluded that Brian Andre, AS&MW and Regina Shaw were in contempt of the order, and recommended various sanctions. The Eighth Circuit substantially accepted the master’s recommendations, found all three parties in contempt, and imposed sanctions, including: Brian Andre, AS&MW and Regina Shaw must pay outstanding monetary penalties, which continue to accrue interest, and other miscellaneous fees, in the current amount of $258,582.08; AS&MW and Regina Shaw must pay a $100 daily penalty, calculated from the time of default, in early 2008, on the OSHRC final order; AS&MW must provide OSHA weekly notification of all current jobs, and known future jobs, at least 72 hours prior to commencement of work for a period of three years; and, AS&MW must provide “competent person” training to all people currently and subsequently designated as jobsite “competent persons,” prior to beginning any work, and provide the secretary records of such training.

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Federal OSHA has has cited O.S. Interior Systems Inc. for alleged workplace safety violations following a fatality at the company’s worksite at 20555 State Highway 249 in Houston. Proposed penalties total $112,000.

“This employer failed to advise its employees on the locations of electrical lines,” said Dean McDaniel, OSHA’s regional administrator in Dallas. “If the company had followed OSHA’s standards, it is possible this tragic accident could have been avoided.”

OSHA’s Houston North Area Office began its inspection on Aug. 14 when an employee who was removing a demountable wall made contact with a live wire and died. The company was cited for two alleged willful violations for failing to adequately protect employees from energized electrical circuits and failing to inform employees about the hazards involved with energized electrical circuits.

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In fiscal 2009, Federal OSHA conducted 797 fatality inspections, down from 936 the previous year. The year before that, the agency performed 1,043 fatality inspections; the year before that, 1,081; and the year before that, 1,114.

The percentage of violations issued as serious also has been rising over the last five years, increasing from 72 percent in 2005 to 77 percent in 2009.

In fiscal 2009, OSHA conducted 39,004 inspections, a 0.9 percent increase over the 38,667 inspections in 2008.

The agency also issued 87,663 citations in fiscal 2009, up 0.5 percent from the 87,210 citations the previous year.

The 2009 in-compliance rate was 25 percent, meaning 75 percent of the time OSHA inspectors found hazards and issued citations. In 2008 the rate was 23 percent.

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Trenching safety hazards at two Massachusetts worksites have led to $166,950 in proposed fines for a Methuen, Mass., contractor. The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) cited L. Perrina Construction Co. Inc. for a total of 23 alleged willful, serious and other-than-serious violations of safety standards following inspections at worksites in Quincy and Lynnfield, where the company was installing water mains.

OSHA found that employees at both locations were exposed to cave-in hazards while working in trenches more than 6 feet deep that were not protected against the collapse of their sidewalls, exposed to struck-by hazards from material stored at a trench’s edge in Quincy and an undermined sidewalk in Lynnfield, and were not trained to recognize and avoid such hazards at either location. The Quincy trench also lacked a safe means of exit.

Additional hazards included damaged, inadequate or misused access ladders, a lack of inspections and safety training, electrical hazards, improper storage of flammables and incomplete recording of injuries and illnesses in Quincy. They also included damaged lifting slings, electrical hazards, no backup alarm on an earth mover and a lack of jobsite safety inspections in Lynnfield.

“An unguarded excavation is a tomb in waiting. Its walls can collapse in moments, crushing and burying workers beneath tons of soil before they have a chance to react or escape,” said Paul Mangiafico, OSHA’s area director for Middlesex and Essex counties.

“This deadly hazard is exacerbated when workers are not provided an effective means of safely entering and exiting the trench. No worker should enter a trench unless and until all required safeguards are in place and in use,” said Brenda Gordon, OSHA’s area director for Boston and southeastern Massachusetts.

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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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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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