OSHA 10 and 30 Hour Training now requires a two hour “Intro to OSHA” with emphasis on workers’ rights.

“Introduction to OSHA,” a revised training component with a huge emphasis on workers’ rights, is now required content in every OSHA 10 and 30 hour Outreach Training Program class. This was developed because of the Secretary of Labor’s desire to “strengthen the voice of workers”.

During the 10 and 30 hour outreach training program classes, OSHA trainers will now be required to spend a significant amount of time on the topics of whistleblower rights and filing a complaint and will provide samples of the weekly fatality and catastrophe report, a material data safety sheet, and the OSHA Log of Work-Related Injuries and Illnesses.

This is the first time OSHA has developed a PowerPoint presentation for these widely used programs that trainers are required to use.  There are also twelve handouts that the trainer must utilize in the training. 

According to OSHA’s Assistant Secretary of Labor for OSHA David Michaels:  “For too long workers have avoided making claims of unsafe work conditions out of fear of losing their jobs, we are confident that this new training will embolden workers to speak up when they find work practices that endanger their lives and the lives of their co-workers.”

Opponents to the change claim all this information is and was already a component of the 10 and 30 hour training. The level of coverage is now disproportionate to the level of the overall program and takes valuable time away from the true intent of the training, which has always been hazard recognition and avoidance.  Another major objection is that one item in the new introduction to OSHA is how to read a Material Safety Data Sheet.  Most trainers cover this in the Hazard Communication section of the training, already a required element. 

The OSHA Outreach Training Program is a voluntary program that seeks to teach workers about their rights and how to identify, reduce, avoid, and prevent job-related hazards. The program includes 10 and 30 hour courses in construction, general or maritime industry safety, and health hazard recognition and prevention; classes are taught through a network of OSHA-authorized trainers. Over the past three years, nearly two million students have received this training, and several states have made the program mandatory for some workers. 

AUGUSTA, Maine — The U.S. Department of Labor’s Occupational Safety and Health Administration has cited the U.S. Postal Service for alleged willful and repeat violations of safety standards following an inspection at the Southern Maine Processing and Distribution Center in Scarborough, Maine. The Postal Service faces a total of $430,000 in fines, chiefly for exposing workers to electrical hazards.

“These citations and sizable fines reflect the Postal Service’s failure to equip its workers with the necessary knowledge and skills to safely work with live electrical parts,” said Assistant Secretary of Labor for OSHA Dr. David Michaels. “The Postal Service knew that proper and effective training was needed for the safety of its workers but did not provide it.”

OSHA’s inspection, which began Dec. 29, 2009, in response to a complaint from workers at the Scarborough facility, found employees working with or near live electrical equipment without adequate training or qualifications, personal protective equipment, safety-related work practices and warning signs.

These conditions exposed the workers to electric shock, arc flashes and arc blasts and resulted in OSHA issuing six willful citations, with $420,000 in proposed fines, to the Postal Service. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.

In addition, OSHA found that access to electrical panels was blocked in several instances by materials being stored adjacent to them. This situation resulted in one repeat citation, with a $10,000 fine, since the Postal Service had been cited in November 2007 for the same type of hazard at a Toledo, Ohio, postal facility.

The Postal Service has 15 business days from receipt of its citations and proposed penalties to comply, meet with the OSHA area director or contest the findings before the independent Occupational Safety and Health Review Commission. This inspection was conducted by OSHA’s Augusta Area Office; telephone 207-626-9160. 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.

EL PASO, Texas - The U.S. Department of Labor’s Occupational Safety and Health Administration has cited Schneider Electric, doing business as Square D, in El Paso for alleged workplace safety violations following the electrocution fatality of a worker at the company’s facility on Northwestern Drive.

“Employees deserve a safe workplace,” said Jack Rector, OSHA’s area director in El Paso. “If the company had followed OSHA’s standards to ensure that testing equipment was free of electrical hazards, this tragedy could have been avoided.”

OSHA’s El Paso Area Office began its inspection on Jan. 21 after a worker was electrocuted when he grabbed the test leads on a shop-made cart the company used to test equipment. The investigation found that Schneider Electric, which employs about 160 workers at its El Paso facility, exposed workers to various electrical hazards during the testing process of equipment the company manufactures.

OSHA has cited the company with nine serious violations including failing to ensure personal protective equipment was tested and maintained; to ensure that workers who were testing the equipment wore proper electrical rated gloves, footwear and/or fire resistant clothing; to provide written procedures for equipment testing; to ensure that qualified employees were allowed to work on energized electrical parts or equipment, and to ensure that all electrical openings in boxes were properly covered and closed. A serious violation is one in which there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

Proposed penalties total $42,300.

The company has 15 business days from receipt of citations to comply, request an informal conference with OSHA’s area director in El Paso, or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission. Employers and workers with questions about workplace safety and health standards can call the El Paso Area Office at 915-534-6251 or OSHA’s toll-free hotline at 800-321-6742 to report workplace accidents, fatalities or situations posing imminent danger to workers.

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.

CHANNELVIEW, Texas - The U.S. Department of Labor’s Occupational Safety and Health Administration has cited Sneed Shipbuilding Inc. for alleged serious, repeat and other-than-serious violations for exposing employees to electrical and other safety hazards at the company’s facility on Market Street in Channelview. Proposed penalties total $59,300.

“Welders were using damaged welding leads, and the company failed to repair damaged electrical junction boxes,” said David Doucet, director of OSHA’s Houston North Area Office. “Electrical hazards like these can cause electrocution.”

OSHA’s Houston North Area Office began its investigation on April 27, finding structural deficiencies on one of the crawler cranes Sneed Shipbuilding maintained and operated, as well as electrical hazards throughout the shipyard. OSHA has issued 19 serious citations, including failing to provide employees with fall protection, guards on grinders, covers over open manholes in decks, and fire extinguishers in areas where flammable paint and solvents are used. A serious violation is one that could cause death or serious physical harm to employees when the employer knew or should have known of the hazard.

A repeat violation has been issued for failing to provide employees operating crawler cranes with load rating charts. A repeat violation is issued when an employer previously was cited for the same or a similar violation of any standard, regulation, rule or order at any other facility in federal enforcement states within the last three years.

Two other-than-serious citations have been issued for failing to properly complete the required Summary of Work-Related Injuries and Illnesses form, and to maintain a written respiratory protection program for employees exposed to inhalation hazards. 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.

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

Employers and employees with questions regarding workplace safety and health standards can call OSHA’s Houston North Area Office at 281-591-2438 or the agency’s toll-free hotline at 800-321-6742 to report workplace accidents, fatalities or situations posing imminent danger to workers.

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 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.

We recently came across the following letter of interpretation and thought some of you might find it interesting. You can find the original posting here.

February 16, 2010 

Mr. D. Scott Hayes, M.S.
Hayes Environmental Services, Inc.
3242 Executive Parkway, Suite 208
Toledo, OH 43606 

Dear Mr. Hayes: 

Thank you for your recent letter to the Occupational Safety and Health Administration (OSHA) regarding the recordkeeping regulation contained in 29 CFR Part 1904 – Recording and Reporting Occupational Injuries and Illnesses. In an effort to provide you with prompt and accurate responses, we developed and continue to refine a set of Frequently Asked Questions (FAQ), in addition to maintaining a log of Letters of Interpretation (LOI) on the OSHA Recordkeeping website. 

You ask for a specific interpretation of OSHA’s regulation at Section 1904.5, “Determining Work Relatedness.” 

Scenario: A client’s employee working for a construction company is paid to work from 7:00 am to 12:00 pm and 12:30 pm to 5:30 pm as bound by the National Maintenance Agreement that applies to craft employees working at this work site. At 12:20 pm (while off the clock), the employee exits a restroom and falls awkwardly, causing a deep laceration which requires sutures to close. 

Question: Does this case fall within the exception in Section 1904.5(b)(2)(v) for injuries and illnesses that are solely the result of employees doing personal tasks (unrelated to their employment) at the establishment outside of their assigned work hours. 

Response: Under 29 CFR Subpart C, “Recordkeeping Forms and Recording Criteria,” an injury must be recorded if it is work-related, is a new case, and meets one or more of the general recording criteria (such as requiring medical treatment beyond first aid). See 29 CFR §1904.4(a). An injury is presumed to be work-related if it results from an event occurring in the work environment, unless an enumerated exception to this geographic presumption applies. See 29 CFR §1904.5(a). The work environment includes any location where one or more employees are working or are present as a condition of their employment. See 29 CFR §1904.5(b)(1). The geographic presumption (that is, an injury is work-related if it occurs in the work environment) covers cases in which an injury or illness results from activities that occur at work but that are not directly productive. See the preamble to the final rule (66 Fed. Reg. 5916, 5929 (Jan. 19, 2001)). 

Under Section 1904.5(b)(2)(v), an injury or illness is not work-related if it is solely the result of an employee doing personal tasks (unrelated to their employment) at the establishment outside of the employee’s assigned working hours. In order for this exception to apply, the case must meet both of the stated conditions [i.e., the injury or illness must (1) be solely the result of the employee doing personal tasks (unrelated to their employment), and (2) occur outside of the employee’s assigned working hours]. For purposes of OSHA recordkeeping, “assigned working hours” means “those hours the employee is actually expected to work, including overtime.” See, OSHA’s Frequently Asked Question 5-4 at http://www.osha.gov. This means that, in order for the exception in Section 1904.5(b)(2)(v) to apply, the injury or illness must occur outside the time the employee is normally expected to be present in the work environment. 

Historically, OSHA has not considered the employee’s pay status at the time of the incident or the fact that he or she punches in and out with a time clock (or signing in and out) to be relevant when determining whether a case is work-related. See, OSHA’s Frequently Asked Questions 5-11, and OSHA’s March 10, 2005 letter of interpretation to Dr. Milagros C. Flores, Instead, the focus has been on whether the event or exposure took place when the employee was present in the work environment as a condition of employment. 

In your scenario, the exception in Section 1904.5(b)(2)(v) would not apply because the injury occurred during the employee’s normal work schedule (lunch break). The exception in Section 1904.5(b)(2)(v) only applies if an injury or illness occurs when the employee is conducting personal tasks while present in the work environment at a time either (1) before the start of the normal work schedule, or (2) after the normal work schedule has ended. In other words, the exception does not apply to injuries and illnesses that occur during breaks (either formal or informal) in the employee’s normal work schedule. Therefore, the case you describe in your letter is work-related and must be recorded because it meets the general recording criteria in Section 1904.7 (the injury required sutures). 

You can also see our Letters of Interpretation dated January 15, 2004 to Ms. Leann M. Johnson-Koch; May 12, 2006 to Ms. Donna Cale, andFebruary 9, 2009 to Mr. Joe Winkelman (horseplay case). 

Thank you for your interest in occupational safety and health. We hope you find this information helpful. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA’s interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA’s website at http://www.osha.gov. 

Sincerely, 



Keith Goddard, Director
Directorate of Evaluation and Analysis

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

TAMPA, Fla. - The U.S. Department of Labor’s Occupational Safety and Health Administration has cited Scuba Clean Inc. in St. Petersburg, Fla., for alleged safety and health violations. OSHA initiated an inspection after receiving a complaint in December 2009. Penalties total $200,900.

Scuba Clean Inc. has been cited with three willful safety violations and proposed penalties of $147,000 for hazards associated with divers not being trained, divers not being accompanied by another diver with continuous visual contact and using air hoses not rated for diving. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employees’ safety and health. 

The company also has been cited for 16 serious safety and health violations with proposed penalties of $53,900. These violations are related to “hookah,” a method of diving that uses a surface air supply to deliver air rather than a scuba tank. The employer failed to provide equipment needed to safely perform “hookah” dive operations, to secure compressed air cylinders, and to develop and maintain a written chemical hazard communication program. Violations also include deficiencies relating to the storage of chlorine with other flammable and combustible liquids.

One other-than-serious violation has been cited with no proposed penalty. The violation concerns voluntary respirator users not being provided information contained in Appendix D of OSHA’s respirator standards. 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.

“Management has demonstrated disregard for its employees’ safety and health, and needs to take action immediately before there is a serious injury or fatality,” said Les Grove, OSHA’s area director in Tampa.

The company has 15 business days from receipt of the citations and proposed penalties to comply, request an informal conference with the OSHA area director or contest the findings before the independent Occupational Safety and Health Review Commission. The site was inspected by staff from OSHA’s area office in Tampa, 5807 Breckenridge Parkway, Suite A; telephone 813-626-1177.

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.

PITTSBURGH, Pa. - The U.S. Department of Labor’s Occupational Safety and Health Administration has cited the U.S. Postal Service for workplace safety violations related to electrical hazards found at the Pittsburgh mail processing facility located at 1001 California Ave. Proposed penalties total $299,500.

OSHA initiated an inspection in October 2009 in response to a complaint alleging the hazards. Inspectors cited the Postal Service with four willful violations carrying a penalty of $265,000; one repeat violation, with a penalty of $25,000; and two serious violations with a penalty of $9,500. 

“The Postal Service’s blatant disregard for workplace safety standards has left workers at this facility exposed to unnecessary risk of serious injury,” said Assistant Secretary of Labor for OSHA Dr. David Michaels. 

The willful violations include inadequate training for employees exposed to electrical hazards, failure to provide electrical protective equipment to protect employees from arc-flash hazards and electrical current, and failure to use appropriate safety signs, safety symbols or accident prevent tags to warn employees about electrical hazards. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.

The repeat violation is due to the facility’s failure to use approved covers for electrical junction boxes. A repeat citation is issued when a substantially similar violation is found at any of an employer’s facilities in federal enforcement states within three years of a previous citation. 

The serious violations include the use of an unapproved junction box in a wet and damp location, and a failure to provide voltage-rated tools. OSHA issues a serious citation when there is substantial probability that death or serious physical harm could result and the employer knew, or should have known, of the hazard.

The Postal Service has 15 business days from receipt of its citations to comply, meet with the OSHA area director or contest the findings before the independent Occupational Safety and Health Review Commission. This inspection was conducted by OSHA’s Pittsburgh Area Office; telephone 412-395-4903. 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.