OSHA cites Marietta Industrial Enterprises in Marietta, Ohio for $186,000 after worker’s death at recycling facility.

The Occupational Safety and Health Administration has cited Marietta Industrial Enterprises Inc., which operates Refuse Recycling in Marietta Ohio for 21 safety, including two willful, violations. OSHA opened an inspection after a worker was found dead inside the rotating drum assembly of a machine used to screen recyclables from other refuse on March 30.

“Marietta Industrial Enterprises showed an intentional disregard for employee safety by failing to provide lockout/tagout training to workers performing maintenance inside rotating drums, which could easily be restarted if their energy sources were not properly cut off,” said Deborah Zubaty, OSHA’s area director in Columbus. “No one should ever lose his or her life because safety procedures were not followed. It is the employer’s responsibility to train workers and ensure that the workplace is free from unnecessary hazards.”

Two willful violations involve failing to implement lockout/tagout procedures to prevent equipment from becoming unexpectedly energized and to train workers in lockout/tagout procedures. 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.

Additionally, 14 serious violations involve failing to provide machine guarding, provide adequate guardrails, mark and illuminate emergency and exit signs, evaluate the workplace to determine if there were any confined spaces that would require permits, examine powered industrial trucks prior to each shift, ensure that employees used electrical protective equipment, provide electrically insulated tools, develop an exposure control plan for bloodborne pathogens, offer hepatitis B vaccines and label biohazard containers. A serious violation occurs 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.

Finally, five other-than-serious violations involve using work areas for storage, as well as failing to record work-related injuries, maintain clean conditions, provide a written respiratory protection program and provide employees with information for voluntary respirator use. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious injury.

As a result of the investigation, Marietta Industrial Enterprises has been placed in OSHA’s Severe Violator Enforcement Program. Initiated in June 2010, SVEP is intended to focus on recalcitrant employers that endanger workers by committing willful, repeat or failure-to-abate violations in one or more of the following circumstances: a fatality or catastrophe, industry operations or processes that expose workers to severe occupational hazards, employee exposure to hazards related to the potential releases of highly hazardous chemicals and all per-instance citation (egregious) enforcement actions. For more information on SVEP, visit http://www.osha.gov/dep/svep-directive.pdf*.

Proposed penalties total $186,300. The citations can be viewed at: http://www.osha.gov/ooc/citations/MARIETTA_INDUSTRIAL_ENTERPRISES_314593690_0922_11.pdf

US Labor Department’s OSHA cites 50 safety violations, proposes $917,000 in fines against Bostik Inc. following Middleton, Massachusetts explosion.

Federal OSHA has cited Bostik Inc. for 50 alleged violations of workplace safety standards following a March 13 explosion at the company’s Middleton plant in which four workers were injured. The adhesives manufacturer faces a total of $917,000 in proposed fines.

According to OSHA their inspection identified several serious deficiencies in the company’s process safety management program.. In this case, the chemical was acetone, used in a PSM-covered process known as direct solvation. On the day of the explosion, a valve on a transfer line inadvertently was left open, resulting in the release of flammable acetone vapors. The vapors exploded after being ignited by an undetermined source.

“The requirements of OSHA’s PSM standard are stringent and comprehensive because the stakes are so high,” said Assistant Secretary of Labor for OSHA Dr. David Michaels. “Failure to evaluate, anticipate, address and prevent hazardous conditions associated with a process can result in a catastrophic incident such as an explosion.”

“In this case, Bostik knew from prior third party and internal compliance audits conducted at the plant that aspects of its PSM program were incomplete or inadequate, and misclassified electrical equipment was in use. The company did not take adequate steps to address those conditions,” said Jeffrey A. Erskine, OSHA’s area director for northeastern Massachusetts. “Luckily, the explosion happened when there were few workers in the plant. Otherwise, this incident could have resulted in a catastrophic loss of life.”

Specifically, OSHA found that the process safety information for the solvation process was incomplete. The employer’s analysis of hazards related to the process did not address previous incidents with a potential for catastrophic results, such as forklifts that struck process equipment, and did not address human factors such as operator error, communication between shift changes and employee fatigue from excessive overtime. In addition, the company did not ensure that a forklift and electrical equipment, such as a light fixture, switches and a motor, were approved for use in Class 1 hazardous locations where flammable gases or vapors are present.

As a result, OSHA has issued Bostik nine willful citations, with $630,000 in proposed fines, for these conditions. There were an additional 41 serious citations issued, with $287,000 in fines, for a range of other conditions, including an incomplete and deficient emergency response plan, inadequate training for employees required to fight fires, obstructed exit access and electrical hazards, and additional PSM deficiencies.

The Bostik Inc. citations are available at http://www.osha.gov/ooc/citations/Bostik_Inc_315298281.pdf  and http://www.osha.gov/ooc/citations/Bostik_Inc_315298307.pdf

September 9, 2011
Contact: Office of Communications
Phone: 202-693-1999

OSHA issues 2011 annual inspection plan for protecting workers in high-hazard workplaces
WASHINGTON – The U.S. Department of Labor’s Occupational Safety and Health Administration issued its annual inspection plan under the Site-Specific Targeting 2011 (SST-11) program to help the agency direct enforcement resources to high-hazard workplaces where the highest rates of injuries and illnesses occur.

The SST program is OSHA’s main programmed inspection plan for non-construction workplaces that have 20 or more workers. High-hazard workplaces identified in the SST program reported above-average work-related injury and illness rates, based on data collected from a 2010 OSHA Data Initiative survey of 80,000 larger establishments in selected high-hazard industries. Establishments are randomly selected for inspection from a primary list of 3,700 manufacturing, non-manufacturing, and nursing and personal care facilities.

“By focusing our inspection resources on employers in high hazard industries who endanger their employees, we can prevent injuries and illnesses and save lives,” said Assistant Secretary of Labor for OSHA David Michaels. “Through the SST program we examine all major aspects of these operations to determine the effectiveness of their safety and health efforts.”

Two changes have been made to this year’s SST program. In 2010, only those establishments in the selected industries with 40 or more employees were subject to inspections under the SST plan; this year, that number has been reduced to 20 or more. An evaluation study measuring the program’s impact on future compliance with OSHA standards has also been introduced for the 2011 program.

In addition to the SST program, OSHA implements both national and local emphasis inspection programs to target high-risk hazards and industries. OSHA currently has 14 National Emphasis Programs that intensify inspections related to amputations, lead, crystalline silica, shipbreaking, trenching/excavations, petroleum refinery process safety management, process safety management covered chemical facilities, hexavalent chromium, diacetyl, recordkeeping, federal agencies, air traffic control tower monitoring, primary metals and combustible dust. OSHA also has approximately 140 Regional and Local Emphasis Programs (REPs and LEPs).

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 ensure 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 cites Northeastern Wisconsin Wood Products for 18 safety and health violations; fines total nearly $379,000

Company has history of noncompliance with worker protection standards

POUND, Wis. – The U.S. Department of Labor’s Occupational Safety and Health Administration has cited Northeastern Wisconsin Wood Products in Pound for a total of 18 alleged health and safety, including 13 willful, violations. The company is facing $378,620 in proposed penalties following a January inspection.

“Northeastern Wisconsin Wood Products has a history of failing to comply with OSHA standards. The company has yet to abate many violations cited in a previous inspection,” said Michael Connors, OSHA’s regional administrator in Chicago. “When employers knowingly ignore safety and health requirements, they are unduly placing their workers at risk for illnesses and injuries, and that is unacceptable.”

Northeastern Wisconsin Wood Products was first inspected by OSHA in 2006 and issued eight citations. A follow-up inspection in 2007 found that most of the originally cited hazards remained unabated. Following the May 2010 issuance of a secretary of labor petition for summary enforcement, the company was given 30 days to work with a Wisconsin state consultation service to abate the violations. The consultation service is alleged to have ended the abatement process due to a lack of cooperation by the company. Many of the originally cited violations once again were cited during the January 2011 inspection.

Five willful health violations involve failing to implement a hearing conservation program for employees whose noise exposure exceeded 85 decibels; perform and certify a hazard assessment of the workplace; develop and implement a hazard communication program to include training for employees; maintain copies of material data sheets; and provide appropriate eye protection for workers. Additionally, the company allowed unsanitary conditions to pose serious fire and explosion hazards by letting sawdust accumulate in a pile of approximately 4 feet by the outer wall and several inches on horizontal surfaces such as pipes, wall supports and ledges.

Eight willful safety violations involve a lack of machine guarding on belts, pulleys, gears and band saw blades; a lack of guardrails; unguarded open-sided floors and platforms presenting a fall hazard greater than 4 feet; not using electrical equipment correctly; and not effectively closing openings in boxes and cabinets. A willful violation is one committed with intentional knowing or voluntary disregard for the law’s requirements, or with plain indifference to worker safety and health. Proposed penalties for the 13 willful citations total $360,800.

The company also was cited for one repeat safety violation, with a proposed penalty of $7,920, for failing to provide potable water for drinking. A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years.

Three serious safety violations, with proposed penalties of $9,900, include failing to periodically inspect energy control procedures, use group lockout devices and train employees in electrical safety. A serious violation occurs 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.

One other-than-serious violation, with no monetary penalty, was cited for failing to provide an illuminated exit sign. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.

US Labor Department’s OSHA cites 3 Brooklyn, NY, tortilla manufacturers for safety and health hazards following worker fatality

OSHA has cited three Brooklyn tortilla manufacturers for a total of 34 alleged violations of workplace safety and health standards following inspections conducted in the wake of the January death of a worker at Tortilleria Chinantla Inc., located at 975 Grand St.

Juan Batten, a 22-year-old Guatemalan immigrant, died when he became caught in the auger of a mixing machine. OSHA’s inspection found that the mixer was not guarded to prevent employees from coming into contact with its points of operation.

“Proper and effective machine guarding would have eliminated this hazard and prevented this young worker’s death,” said Kay Gee, OSHA’s area director for Brooklyn, Manhattan and Queens. “This was a clearly recognizable hazard that should have been addressed.”

In addition to other machine guarding hazards identified during the inspection, Tortilleria Chinantla lacked a hazardous energy control – or “lockout/tagout – program to prevent the unintended startup of machinery, a chemical hazard communication program and the required training for operators of powered industrial trucks. The company also failed to record the worker’s death on its illness and injury log. As a result, Tortilleria Chinantla was cited for one willful, six serious and one other-than-serious violation, carrying a total of $62,400 in proposed fines.

A willful violation is one committed with intentional knowing or voluntary disregard for the law’s requirements, or with plain indifference to worker safety and health. A serious violation occurs 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.

Separately, and in response to reports of possible hazards, OSHA also inspected two other tortilla manufacturers: Buena Vista Tortillas Corp., located at 219 Johnson Ave., and La Tortilleria Mexicana Los Tres Hermanos Corp., located at 271 Star St. Buena Vista Tortillas was cited for 13 serious and one other-than-serious violation with $39,000 in proposed fines for machine guarding, electrical, lockout/tagout, fire extinguisher, exit route, hazard communication and fall hazards. La Tortilleria Mexicana Los Tres Hermanos was cited for 12 serious violations with $33,600 in proposed fines for machine guarding, electrical, exit route, powered industrial truck and formaldehyde hazards.

“What is particularly disturbing is that we found a number of similar hazards at all three facilities,” said Gee. “While no fatalities have occurred at the other locations, I call upon these and other similar employers to review their workplaces to identify and eliminate hazards.”

“Safeguarding workers against occupational injuries and illnesses depends in great part on ensuring that workers know and understand the hazards and safeguards associated with their jobs. That is especially important in workplaces where English may not be the employees’ primary language,” said Diana Cortez, OSHA’s regional diverse workforce coordinator. “Employers must provide information and training in a way their workers will understand. OSHA has numerous resources available for Spanish-speaking workers and employers. I encourage both groups to seek out this vital information online or in person.”

The U.S. Department of Labor’s Occupational Safety and Health Administration has cited Pallflex Co. in Connecticut for 29 alleged violations of workplace safety and health standards at its Putnam manufacturing plant. The filter manufacturer faces a total of $121,650 in proposed fines following a comprehensive OSHA inspection opened in January.

“The sizable penalties proposed here reflect the breadth and severity of the conditions found during this inspection,” said Paul Mangiafico, OSHA’s area director in Hartford. “Left uncorrected, they expose employees to injury, illness or death from falls, lacerations, being caught in moving machinery, electrocution, fire, hearing loss, or being overcome by an oxygen-deficient or toxic atmosphere while working in a confined space. Effective steps must be taken to correct these conditions and prevent their recurrence.”

OSHA’s inspection identified a variety of hazards that can occur in a manufacturing environment, resulting in citations for 24 serious violations carrying $120,650 in proposed fines. They include fall hazards from unguarded tank platforms; improper storage and dispensing of flammable liquids; inadequate personal protective equipment; lack of a confined space program and procedures to safeguard workers who enter storage tanks; no annual fire extinguisher training; unguarded operating machine parts; several electrical-related hazards; lack of a hearing conservation program; and failure to perform initial formaldehyde exposure monitoring.

Additionally, five other-than-serious violations with $1,000 were cited, including improperly maintained OSHA illness and injury logs.

OSHA proposes more than $1.9 million in fines against Alabama lumber mill for egregious and other safety violations

A lumber mill in Phenix Alabama is no stranger to Federal OSHA.  The latest visit has caused OSHA to propose penalties of $1,939,000 to the company and its principal, John M. Dudley, for egregious and other safety violations, including exposing employees to amputation and fall hazards.

Prior to these citations, Phenix Lumber Company had been cited 77 times by OSHA for serious safety and health violations since 2007.

“Phenix Lumber continues to put workers at risk by choosing not to implement safety measures that would prevent serious injuries to their employees,” said Secretary of Labor Hilda L. Solis. “Employers have a responsibility to keep their workers safe and healthy. One worker injured on the job is one too many.”

OSHA began an inspection on Dec. 15, 2010, in response to a complaint that employees working in the planer mill were exposed to amputation hazards while maintaining, cleaning and clearing jams on pieces of machinery that did not have their energy sources locked out to prevent their unexpected start up. Two months later, OSHA received a second complaint that an employee had suffered a partial finger amputation while clearing a piece of machinery that had not been locked out. At the opening of an inspection following the second complaint, the compliance officer learned of another employee who had just suffered a severe hand injury while working on unguarded machinery. Phenix Lumber had been cited numerous times during the past four years for allowing employees to work on unguarded machinery while it was operating.

“This situation reflects a systemic problem with the way this company approaches safety and demonstrates an egregious disregard for workers’ safety and health,” said Assistant Secretary of Labor for OSHA Dr. David Michaels.

OSHA has issued Phenix Lumber 13 citations for 24 willful violations, including failure to properly shut down and lock out 13 pieces of machinery before employees were required to perform tasks such as clearing jams and cleaning. These failures exposed employees to amputation hazards, as well as to the possibility of being caught between or struck by pieces of the machinery and falling lumber. The employer also failed to train 11 employees who performed this work on the hazards and how to shut down and lock out the machinery so that they could perform their tasks safely. OSHA proposed the maximum $70,000 penalty for each violation, totaling $1,680,000.

Citations for three additional willful violations allege that a worker was exposed to fall hazards while working from the top of a machine, locks were not issued to employees as required by the lockout standard, and the company failed to follow established lockout/tagout procedures. These citations carry additional penalties of $70,000 each, for a total of $210,000.

A willful violation is one committed with intentional knowing or voluntary disregard for the law’s requirements, or with plain indifference to worker safety and health. OSHA may propose separate penalties for distinct willful violations of the same OSHA standard where one or more of the seven criteria are met as identified in the OSHA directive “Handling of Cases to be Proposed for Violation-By-Violation” (compliance directive 02-00-080). The criteria include that the employer’s conduct taken as a whole amounts to clear bad faith in the performance of duties under the Occupational Safety and Health Act.

One citation for a repeat violation with a $35,000 fine was issued for failing to place machine guards on seven chains and sprockets. A violation is “repeated” if the employer previously was cited for a substantially similar condition, and the citation is a final, affirmed order of the independent Occupational Safety and Health Review Commission. This time is the third within three years that Phenix Lumber has been cited for failing to guard this type of equipment.

Citations for two serious violations, each with a maximum proposed penalty of $7,000, were issued for failing to guard a pinch point at a hydraulic pusher plate, which exposed employees to amputation hazards and caused one of the injuries; and to ensure that employees performing lockout/tagout tasks applied and removed their own locks. A serious violation occurs 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.

Copies of the citations are available at http://www.osha.gov/dep/citations/MDLGPhenixLumber315135954.pdf* and http://www.osha.gov/dep/citations/MDLGPhenixLumber315111930.pdf*.

OSHA

has proposed that the employer be included in the agency’s Severe Violators Enforcement Program. Initiated in 2010, the program is intended to focus on employers that endanger workers by committing willful, repeat or failure-to-abate violations in one or more of the following circumstances: a fatality or catastrophe; industry operations or processes that expose workers to severe occupational hazards; exposure to hazards related to the potential releases of highly hazardous chemicals; and all instance-by-instance enforcement actions under compliance directive 02-00-080. Inclusion in the program subjects employers to mandatory follow-up inspections; increased company/corporate awareness of OSHA enforcement; and, where appropriate, corporate-wide agreements, enhanced settlement provisions and federal court enforcement under Section 11(b) of the OSH Act. For more information, visit http://www.osha.gov/dep/svep-directive.pdf*.

OSHA cites Alabama canopy company for exposing workers to fall hazards; proposes more than $202,000 in fines

Federal OSHA has cited Chapman Canopy Inc. with 12 safety violations, chiefly for exposing workers to fall hazards while installing canopies in Pinson, Albertville and Tuscaloosa. Proposed penalties total $202,040.

In November 2010, OSHA began its inspection at a work site in Pinson as part of a regional emphasis program focused on fall hazards. Inspectors observed workers being exposed to fall hazards while installing a canopy at a new gas station. Later inspections were conducted at job sites in Albertville and Tuscaloosa, which revealed similar fall hazards.

At the Pinson site, five repeat violations with $96,400 in penalties were cited for exposing workers to overhead hazards by failing to ensure head protection was worn, failing to fully plank the scaffold platform, failing to have fall protection for employees working from a scaffold, using the top step of a ladder to gain access to the top of the scaffolding, and not having a safe entry and exit to the upper level of the canopy. A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years. Chapman Canopy was most recently cited in August 2009 for similar violations at a Madison location.

One serious and two repeat safety violations were cited at the Albertville site with $81,220 in penalties for failing to provide a fully planked scaffold platform, exposing workers to fall hazards and not extending the ladder 3 feet above the top of the canopy to prevent falling during transition from the ladder to the canopy. A serious violation occurs 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.

One serious and three repeat safety violations were cited at the Tuscaloosa site with $24,420 in penalties for exposing workers to overhead hazards by failing to ensure head protection was worn, failing to properly plank the scaffold platform, using the top step of a ladder to gain access to the top of the scaffolding and not using an appropriate personal fall protection system that would prevent the worker from making contact with a lower level.

“Chapman Canopy’s refusal to implement proper fall protections reflects a careless approach to workplace safety, leaving workers at risk of serious injury and possible death,” said Roberto Sanchez, OSHA’s area director in Birmingham. “This company needs to take immediate steps to eliminate these hazards.”

Chapman Canopy manufactures and installs canopies used at convenience stores and gas stations. It conducts business in the Southeast, mainly in Alabama, Mississippi and Tennessee, with headquarters in Hueytown, Ala.

OSHA cites Shawnee, OK milling company $146,000 for 25 serious workplace violations

The U.S. Department of Labor’s Occupational Safety and Health Administration has cited Shawnee Milling Co. with 25 alleged serious violations following an inspection at the company’s facility in Shawnee that found multiple safety and health hazards. Proposed penalties total $146,000.

“An employer’s failure to effectively implement OSHA’s regulations exposes workers to potential hazards that could lead to serious injuries or death. Such safety and health violations will not be tolerated,” said David Bates, OSHA’s area director in Oklahoma City.

OSHA’s Oklahoma City Area Office began its investigation Nov. 23, 2010, at the company’s facility on South Broadway Street. About 276 workers produce consumer products such as flour, cornmeal and animal feed at the facility.

The violations include failing to properly reclassify confined spaces from permit-required to non-permit-required, to have the mandatory confined space entry permits, to provide adequate respirators to employees for emergency evacuation in the event of toxic chemical release, to provide an adequate lockout/tagout program of energy sources and to provide required machine guarding.

OSHA fines employer more than $1.2 million for exposing workers to asbestos hazards without protection

The Occupational Safety and Health Administration has issued penalties of $1,247,400 to AMD Industries Inc. in Cicero after five unprotected and untrained workers allegedly were required to conduct asbestos removal exposing them to this cancer-causing material.

The company was issued 19 willful and eight serious health citations following an OSHA inspection at its facilities in December 2010, in response to a referral from the Illinois Environmental Protection Agency.

“AMD failed in its duty to protect the health and safety of its workers,” said Secretary of Labor Hilda L. Solis. “Such disregard will not be tolerated by the Labor Department. No one should risk serious illness or death to earn a paycheck.”

OSHA investigators found that AMD Industries had commissioned a safety audit of its Cicero facility in 2002, which uncovered the presence of asbestos-containing materials on boilers, heating units and connected piping. In November 2010, the company began an asbestos removal project using in-house and untrained workers. The Illinois Environmental Protection Agency became aware of the work and asked the Illinois Attorney General’s Office to proceed with an enforcement action for the improper removal, handling and disposal of asbestos-containing material. An agreed order was entered into by the company to implement a program to remediate the asbestos contamination. Workers allegedly were exposed to materials containing 20-50 percent asbestos.

“Asbestos exposure can be deadly,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “AMD Industries knew it was assigning workers to asbestos removal work and failed to take the most basic safety precautions. This employer did not provide protective respirators or even warn the workers of the risk to their health from removing the material.”

OSHA issued 15 willful citations, with proposed penalties of $945,000, for the employer’s failures to provide the employees engaged in the hazardous work with the proper training, and protective clothing and equipment. Proper protective clothing is required to make sure employees do not carry asbestos fibers outside of the facility and into their cars and homes.

Additionally, AMD Industries was fined $252,000 for four willful violations for the following alleged failures: to identify or inform workers of the location and quantity of asbestos; to monitor airborne concentrations of asbestos; to use high-efficiency particulate air vacuums and wet methods to control the dust; and to promptly and properly dispose of asbestos-contaminated waste.

OSHA also issued eight serious citations, with proposed fines of $50,400, for failing to implement a respirator protection program; failing to use engineering controls and work practices for Class I asbestos work; not conducting asbestos work in regulated areas; and failing to provide hygiene facilities for workers removing the dangerous material. A serious violation occurs 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.

A copy of the citations is available at http://www.osha.gov/dep/citations/AMD-Industries.pdf*.

This investigation falls under the requirements of OSHA’s Severe Violators Enforcement Program. Initiated in the spring of 2010, the program focuses on recalcitrant employers that endanger workers by committing willful, repeat or failure-to-abate violations. For more information, visit http://www.osha.gov/dep/svep-directive.pdf*.