BUFFALO, N.Y. - The U.S. Department of Labor’s Occupational Safety and Health Administration has cited the Ford Motor Co. Buffalo Stamping Plant in Hamburg, N.Y., with an alleged willful violation of safety standards for not repairing or removing unsafe overhead cranes from service. The citation follows an OSHA inspection opened in January 2010 in response to a complaint from workers at the plant.

OSHA standards require that employers inspect cranes to identify unsafe conditions and remove the cranes from operation until the hazards are corrected. OSHA’s inspection found five instances where overhead cranes used to lift and set dies or lift coils of steel were allowed to remain in service after defects were identified during inspections conducted in 2008, 2009 and 2010. The defects included worn brake drums, loose or sheared coupling bolts, and worn or damaged gears.

“Management’s ongoing knowledge of and failure to correct these repeatedly recognized defects exposed workers to potential crushing injuries had one or more of these cranes failed,” said Arthur Dube, OSHA’s area director for western New York. “It should not take an OSHA inspection and enforcement action to prompt an employer to complete necessary repairs that should have been made months, even years, ago.”

The willful citation carries a proposed fine of $70,000. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for worker safety and health.

“One means of preventing hazards such as these is to establish an effective comprehensive workplace safety and health program, in which workers and employers work together to proactively evaluate, identify and eliminate hazardous conditions,” said Robert Kulick, OSHA’s regional administrator in New York.

Ford 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 Buffalo Area Office; telephone 716-551-3053. To report workplace accidents, fatalities or situations posing imminent danger to workers, call OSHA’s toll-free hotline at 800-321-6742.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to assure these 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.

BUFFALO, N.Y. - The U.S. Department of Labor’s Occupational Safety and Health Administration has proposed a total of $357,300 in fines against UCB Manufacturing Inc., for alleged willful and serious violations of workplace health and safety standards at its Rochester, N.Y., pharmaceutical manufacturing plant. The citations chiefly concern the company’s failure to address hazards for workers whose duties involve exposure to methylene chloride, a potential carcinogen.

OSHA’s inspection found that some plant employees were exposed to excess levels of methylene chloride, and the company did not have effective controls and work practices to reduce those exposure levels. In addition, the company did not supply the workers with appropriate respirators, and failed to provide all required monitoring, medical surveillance and information about methylene chloride. These conditions resulted in the issuance of six willful citations, with $351,000 in proposed fines. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for worker safety and health.

“These sizable fines reflect the gravity of these hazards and the employer’s knowledge of and failure to correct them,” said Arthur Dube, OSHA’s area director for western New York. “Employees exposed to methylene chloride are at increased risk of developing cancer, adverse effects on the heart, central nervous system and liver, and skin or eye irritation. Effective safeguards are vital to the health and well-being of the workers.”

OSHA also found that the plant failed to determine each employee’s exposure to methylene chloride, develop and inspect hazardous energy control procedures for all equipment, and inform employees of the existence, location and availability of exposure and monitoring records. As a result, OSHA has issued three serious citations with $6,300 in fines. 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 hazards such as these is for employers to establish an effective comprehensive workplace safety and health program in which their workers take an active role in evaluating, identifying and eliminating hazards,” said Robert Kulick, OSHA’s regional administrator in New York.

Detailed information on methylene chloride is available at http://www.osha.gov/SLTC/methylenechloride/index.html. 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 Buffalo Area Office; telephone 716-551-3053. To report workplace accidents, fatalities or situations posing imminent danger to workers, call OSHA’s toll-free hotline at 800-321-6742.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to assure these 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.

BURWELL, Neb. - The U.S. Department of Labor’s Occupational Safety and Health Administration has cited Loup Valley Alfalfa Inc. of Burwell for alleged violations of the Occupational Safety and Health Act, following a December 2009 inspection of the grain handling facility. The agency has proposed $293,000 in penalties against the company.

“This employer had no business conducting work inside the grain bins without taking protective measures to ensure that its employees were working in a safe environment,” said Charles Adkins, OSHA’s regional administrator in Kansas City, Mo. 

OSHA’s inspection found seven alleged willful, 16 alleged serious and three alleged other-than-serious violations. The willful violations stem from the company’s failure to provide fall protection on open-sided platforms; operation of mechanical equipment, known as augers, while employees worked within the grain bin; failure to test the atmosphere prior to grain bin entry; instructing employees to walk down the grain; lack of a retrieval system for grain bin entries; lack of an attendant during bin entry operations, and fugitive grain dust that exceeded one-eighth inch depth. OSHA issues a willful violation when an employer exhibits plain indifference to or intentional disregard for employee safety and health. 

The serious violations include deficient guardrail systems; unapproved powered industrial truck modifications; a lack of inspections on mechanical and safety control equipment; energized electric wiring left exposed, in disrepair, and/or inappropriately used; a lack of/or deficient machine guarding; and a failure to label hazardous chemical containers. OSHA issues a serious citation when death or serious physical harm is likely to result from a hazard about which an employer knew or should have known. 

Loup Valley Alfalfa has 15 business days from receipt of the citations to comply, request an informal conference with OSHA’s area director in Omaha, Neb., or contest the findings before the independent Occupational Safety and Health Review Commission. 

To report workplace accidents, fatalities or situations posing imminent danger to workers, call OSHA’s toll-free hotline at 800-321-6742. 

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to assure these 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

WASHINGTON - The U.S. Department of Labor’s Occupational Safety and Health Administration has fined the South Dakota Wheat Growers Association of Aberdeen, S.D., more than $1.6 million following the Dec. 22, 2009, death of a worker at the company’s McLaughlin, S.D., grain handling operation. The worker suffocated after being engulfed by grain in one of the facility’s bins. OSHA’s investigation found that five additional workers were also at risk of being engulfed when they were sent into the bin to dig the victim out.

“The South Dakota Wheat Growers Association ignored long-established standards addressing safety in grain handling operations,” said Secretary of Labor Hilda L. Solis. “The company’s intentional disregard for its safety and health responsibilities put its workers at risk, and more egregiously, led to an unnecessary loss of life. Worker safety must be a top priority.”

Following its investigation, OSHA proposed $1,610,000 in fines for 23 alleged willful violations of the grain handling and confined space standards, including: failing to prohibit workers from walking on top of clumped grain; failing to prohibit entry into the grain bins where the buildup of grain existed; failing to shut off and lock out equipment to prevent grain from moving through the bin while workers were inside; failing to equip workers with grain engulfment protection; failing to provide observers equipped to provide assistance; failing to train workers; failing to issue permits to control entry into grain bins; failing to test the atmosphere; a lack of rescue equipment; and failing to implement an emergency action plan prior to entry. 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.

“We know that safety precautions could have prevented this tragedy,” said Dr. David Michaels, assistant secretary of labor for OSHA. “The dangers of grain bin entry are well known in the industry, yet the South Dakota Wheat Growers Association chose to ignore these hazards.”

The death in South Dakota follows a similar May 2009 death of a 17-year old employee of Tempel Grain LLP in Haswell, Colo. That worker also suffocated after being engulfed by grain. OSHA issued $1,592,500 in fines for 22 alleged willful and 13 alleged serious violations in that case.

OSHA has implemented a regional emphasis inspection program in the grain handling industry to address the serious hazards associated with grain bins and confined spaces, and operators and industry associations have been sent letters announcing the program. OSHA’s area offices covering Colorado, Montana, North Dakota and South Dakota are also providing assistance to help grain storage facilities comply with safety standards.

The company has 15 business days from receipt of all OSHA citations to pay the penalties, request an informal conference with OSHA’s area director or contest the findings before the independent Occupational Safety and Health Review Commission. 

Under the Occupational Safety and Health Act, OSHA’s role is to promote safe and healthful working conditions for America’s working men and women by setting and enforcing standards, and providing training, outreach and education. For more information, visithttp://www.osha.gov.

Worker suffocated in December 2009 after being engulfed in grain

Federal OSHA has fined the South Dakota Wheat Growers Association of Aberdeen, S.D., more than $1.6 million following the Dec. 22, 2009, death of a worker at the company’s McLaughlin, S.D., grain handling operation. The worker suffocated after being engulfed by grain in one of the facility’s bins. OSHA’s investigation found that five additional workers were also at risk of being engulfed when they were sent into the bin to dig the victim out.

“The South Dakota Wheat Growers Association ignored long-established standards addressing safety in grain handling operations,” said Secretary of Labor Hilda L. Solis. “The company’s intentional disregard for its safety and health responsibilities put its workers at risk, and more egregiously, led to an unnecessary loss of life. Worker safety must be a top priority.”

Following its investigation, OSHA proposed $1,610,000 in fines for 23 alleged willful violations of the grain handling and confined space standards, including: failing to prohibit workers from walking on top of clumped grain; failing to prohibit entry into the grain bins where the buildup of grain existed; failing to shut off and lock out equipment to prevent grain from moving through the bin while workers were inside; failing to equip workers with grain engulfment protection; failing to provide observers equipped to provide assistance; failing to train workers; failing to issue permits to control entry into grain bins; failing to test the atmosphere; a lack of rescue equipment; and failing to implement an emergency action plan prior to entry. 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.

“We know that safety precautions could have prevented this tragedy,” said Dr. David Michaels, assistant secretary of labor for OSHA. “The dangers of grain bin entry are well known in the industry, yet the South Dakota Wheat Growers Association chose to ignore these hazards.”

The death in South Dakota follows a similar May 2009 death of a 17-year old employee of Tempel Grain LLP in Haswell, Colo. That worker also suffocated after being engulfed by grain. OSHA issued $1,592,500 in fines for 22 alleged willful and 13 alleged serious violations in that case.

OSHA has implemented a regional emphasis inspection program in the grain handling industry to address the serious hazards associated with grain bins and confined spaces, and operators and industry associations have been sent letters announcing the program. OSHA’s area offices covering Colorado, Montana, North Dakota and South Dakota are also providing assistance to help grain storage facilities comply with safety standards.

Crystal manufacturer fined over half a million dollars

Federal OSHA has cited NDK Crystals Inc. in Belvedere Illinois with fines of $510,000 for alleged egregious willful and serious violations of federal workplace safety standards following an explosion at the company’s crystal manufacturing building that took the life of a truck driver parked at a nearby service station. Workers at this facility were exposed to hazards that created a dangerous environment.

“The employer knowingly operated high pressure vessels even after being warned of the potential for a catastrophic failure due to material design and fabrication defects,” said Assistant Secretary of Labor for OSHA Dr. David Michaels. “This simply is unacceptable, and OSHA will use the full extent of the law to ensure the company is held accountable for its actions.”

Following its investigation, OSHA cited NDK Crystals with seven willful and five serious violations. The willful violations, one for each of seven individual high pressure vessels, involved the company’s continued operation of these high quality quartz production vessels even though it knew the vessels were susceptible to explosion and catastrophic failure as a result of defective design and fabrication. Willful violations are those committed with intentional, knowing or voluntary disregard for legal requirements, or plain indifference to employee safety and health.

The serious violations include failing to evaluate the building for a catastrophic event; failing to have an emergency evacuation program; failing to implement a hazard communication program; and a lack of personal protective equipment assessment and training certification.

OSHA Fines Small Employer nearly $1,000 per employee. 

WAUKESHA, Wis. — The U.S. Department of Labor’s Occupational Safety and Health Administration has cited KBRK Inc., doing business as Baird Display in Waukesha, with $60,750 in proposed penalties for alleged willful and serious violations of federal workplace safety standards.

As a result of a January 2010 inspection, OSHA has issued a willful citation to the company with a proposed penalty of $35,000. OSHA discovered that employees were bypassing safety switches in order to reach into running machinery to un-jam it without shutting down the machine. A willful violation is one committed with intentional, knowing or voluntary disregard for the law’s requirement, or plain indifference to employee safety and health.

OSHA also has issued the company 18 serious citations with proposed penalties of $25,750. Some of the alleged violations include: failure to provide guardrails and other fall protection from platforms; to establish a lockout/tagout energy control program; to produce procedures for controlling potentially hazardous energy sources on equipment or provide proper training; and to have proper guarding on machinery or rotating shafts. An OSHA violation is serious if death or serious physical harm can result from a hazard an employer knew or should have known exists.

“There is no excuse for a company to disregard the safety and welfare of its workers by not following the OSHA safety guidelines,” said OSHA Area Director George Yoksas in Milwaukee, Wis. “Those who ignore safe practices and OSHA regulations are inviting tragedy into the lives of their workers.”

The company, which manufactures displays and employs 68 people at its Waukesha factory, has 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA’s area director or contest the findings before the independent Occupational Safety and Health Review Commission. To report workplace accidents, fatalities or situations posing imminent danger to workers, call OSHA’s toll-free hotline at 800-321-6742.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to assure these 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.

JACKSON, Miss. - The U.S. Department of Labor’s Occupational Safety and Health Administration has fined VT Halter Marine Inc., a shipbuilder, for $1,322,000 following a November 2009 explosion and fire that killed two workers and seriously injured two other workers. The incident occurred in the inner bottom void of a tugboat that was being constructed at the company’s Escatawpa, Miss., facility.

“This was a horrific and preventable situation. The employer was aware of the hazards and knowingly and willfully sent workers into a confined space with an explosive and toxic atmosphere,” said Secretary of Labor Hilda L. Solis. “Loss of life can never be something considered acceptable or as a course of doing business.”

Following its investigation, OSHA has cited the company for 17 willful and 11 serious violations. The willful citations are for failing to inspect and test the confined space prior to entry, to prevent entry into confined spaces where concentration of flammable vapors exceed the prescribed limits and to use explosion proof lighting in a hazardous location. 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 violations include a lack of machine guarding, allowing the use of defective electrical equipment, failing to use approved containers for disposing flammable liquids, the lack of a rescue service available for a confined space entry, failing to properly ventilate a confined space, and missing or incomplete guardrails. 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.

Eight other-than-serious violations also have been issued. These concern recordkeeping, failing to provide lavatory facilities with tepid running water, failing to ensure workplace floors were free from water accumulation and electrical grounding hazards.

“VT Halter knowingly and willfully failed to protect the lives of its workers in a confined space even though it had the knowledge and equipment necessary to do so,” said Assistant Secretary of Labor for OSHA Dr. David Michaels. “We will not tolerate this type of blatant and egregious disregard for the health and safety of workers. Employers need to know there will be consequences.”

The company has 15 business days from receipt of the citations and penalties 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 site was inspected by staff from OSHA’s Jackson Area Office, 3780 I-55 North, Suite 210; telephone 601-965-4606. To report workplace accidents, fatalities or situations posing imminent danger to workers, call OSHA’s toll-free hotline at 800-321-6742.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to assure these 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.

OSHA seeks to partner with local building inspectors to give them more eyes in the workplace.

The U.S. Department of Labor’s Occupational Safety and Health Administration is launching a pilot program seeking to partner with building inspectors in 11 American cities in an effort to reduce injuries and fatalities at construction sites.

Secretary of Labor Hilda L. Solis has sent letters to the mayors of the selected cities, proposing that OSHA work with and train local building inspectors on hazards associated with the four leading causes of death at construction sites. Under this program, building inspectors would notify OSHA when they observe, during the course of their work, unsafe work conditions. Which they can already do, but it appears OSHA wants to bolster the program. Once notified by the inspector OSHA would then send a federal agency compliance officer to that workplace for a safety inspection.

In her letters, Secretary Solis wrote, “I believe workplace enforcement is not only our responsibility but our moral obligation. We need your help to send our inspectors where they can make the biggest difference.”

According to David Michaels the Assistant Secretary of Labor for OSHA, this initiative allows us to expand our eyes and ears.  He goes on to say “Although we are adding 110 new inspectors this year, OSHA simply cannot inspect every construction site in the country.”

OSHA is currently looking to partner with building inspectors in the following cities in this pilot program:

• Austin, Texas
• Boise, Idaho
• Cincinnati, Ohio
• Concord, N.H.
• Greenwood Village, Colo.
• Madison, Miss. 
• Atlanta Metropolitan area, Ga.
• Newark, N.J.
• Oakland, Calif.
• Washington, D.C.
• Wichita, Kan.

GRAND ISLAND, Neb. - The U.S. Department of Labor’s Occupational Safety and Health Administration has cited Graham Tire Co., in Grand Island for alleged violations of the Occupational Safety and Health Act following the investigation of a complaint. Proposed penalties total $52,500. 

“Our inspection identified safety hazards that must be addressed,” said Charles Adkins, OSHA’s regional administrator in Kansas City, Mo. “It is imperative that employers take the necessary steps to eliminate hazards and provide a safe working environment for all of their employees.”

OSHA’s investigation, initiated in March, found one alleged repeat, one serious and two other-than-serious violations of the OSH Act.

The repeat violation is for failing to provide functioning safety latches on the hydraulic automobile lifts at the facility. A repeat violation is issued when an employer previously was cited for the same or similar violation of any standard, regulation, rule or order at any other facilities in federal enforcement states within the last three years.

The serious citation is for missing face plates on electrical outlets. OSHA issues a serious citation when death or serious physical harm is likely to result from a hazard about which an employer knew or should have known. The two other-than-serious violations are for recordkeeping and hazard communication deficiencies.

Graham Tire has 15 business days from receipt of the citations to comply, request an informal conference with OSHA’s area director in Omaha, Neb., or contest the findings before the independent Occupational Safety and Health Review Commission. 

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to assure these 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.