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.

Federal OSHA has cited the Allen Family Foods Inc. poultry processing facility in Harbeson Delaware for exposing workers to a variety of workplace safety hazards. Proposed penalties total $182,200.

OSHA initiated an investigation on Sept. 9, 2009, in response to a referral made by Maryland Occupational Safety and Health after numerous serious and willful violations were issued at a similar processing facility in Maryland.

OSHA has cited the company with 45 serious violations and proposed a penalty of $182,000, and two other-than-serious violations with a proposed penalty of $200. The serious violations address hazards with industrial trucks, falls, personal protective equipment, machine guarding, electrical hazards, process safety management, respirators and emergency response.

“It is vital that the company abate these hazards as quickly as possible to ensure that safety and health of workers at that facility are not at risk,” said Domenick Salvatore, director of OSHA’s Wilmington, Del., office.

The Maryland inspection netted three proposed “willful” violations involving Lockout/Tagout and machine guarding.  Proposed penalties of $109,750.

MSA North America Announces a Recall of High Impact Propionate Visors

MSA North America announced on February 9 a Stop-Use and Recall Notice for some high impact propionate visors.  Through their supplier Paulson Manufacturing and through internal and third party tests, the visors did not to meet the high velocity and high mass impact tests required by ANSI Z87.1-2003.  All other performance requirements of the standard were met.

The visors in question were manufactured from February, 2004 to January, 2010.  The part number, material type, and date of manufacture are identified on each visor label.  These are the following part numbers to look for: 10005883, 10005885, 10006024, 10086994, 10086998, 10087000, and 10087022.  Visor part number 10005883 is also being recalled from Canadian customers due to incorrect labeling.

If you receive a Stop-Use and Recall Notice http://media.msanet.com/www/PDFs/MSANorthAmerica/SafetyNotices/10001-02(stop_use_notice).pdf from MSA, locate all affected visors and remove them from service.  The company is offering alternate visors to replace these products at no cost to their customers.  Complete directions for returning the visors are outlined in the notice.

MSA has not received any complaints or returns of these visors, but is issuing the notice as a precautionary measure.  They are working with the manufacturer to correct all problems.  You may contact MSA at their North America headquarters in Pittsburgh at 800-672-2222 or via their website at www.msanet.com.

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

New OSHA videos provide respirator and facemask safety guidance

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

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

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

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

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

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing a safe and healthful workplace for their employees. OSHA’s role is to assure safe and healthful working conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

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

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OSHA issued CES Environmental Services Inc. 15 willful and 54 serious citations after an investigation into a fatal explosion at the company’s Griggs Road facility in Houston Texas. Proposed penalties total $1,477,500.In July 2009, an employee cleaning a tank was killed in an explosion when an altered piece of equipment ignited flammable vapors inside the tank. The fatality was the third death in less than a year at this employer’s facilities; two hydrogen sulfide exposure-related deaths at a related facility, Port Arthur Chemical & Environmental Services LLC (PACES), occurred in December 2008 and April 2009.

“Proper precaution prevents deaths,” said Secretary of Labor Hilda L. Solis. “Employers should take steps to eliminate hazards and provide a safe working environment for their workers. That is the law.”

Based on the most recent investigation, OSHA has issued 15 willful citations with proposed penalties totaling $1,050,000, alleging that 15 pieces of electrical equipment were unsafe to use in the tank wash area due to the presence of flammable and combustible vapors. Two additional willful citations with proposed penalties totaling $125,000 have been issued. One alleges that CES failed to ventilate tanks in which employees were working, exposing the workers to toxic atmospheric hazards. The other alleges that CES stored flammable and reactive chemicals together, which posed fire and explosion hazards.

In addition, OSHA has issued 54 serious violations with proposed penalties totaling $302,500. These include allegations that CES failed to implement all aspects of the process safety management standard; provide proper respiratory protection, confined space rescue equipment and adequate fall protection; properly install and maintain boiler equipment; implement an emergency response plan, and adequate energy control procedures; train powered industrial truck operators; guard and to anchor machinery adequately; store compressed gas cylinders safely; and label hazardous chemicals.

OSHA previously cited PACES following the Dec.18, 2008 and the April 14, 2009, fatalities and proposed penalties of $16,600 and $207,800, respectively. Both of those fatalities occurred in Port Arthur, Texas. Those citations were contested and are being litigated before the independent Occupational Safety and Health Review Commission. CES and PACES together employ 155 workers.

See related Articles:
http://www.chron.com/disp/story.mpl/hotstories/6798145.html

http://ohsonline.com/articles/2010/01/04/osha-sends-message-with-filing.aspx?admgarea=news
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OSHA has cited Chapman Printing Co. in Huntington, WV for workplace safety and health violations. Proposed penalties total $158,400.

OSHA initiated its inspection on June 18 in response to a complaint. As a result of the investigation, the company has been issued citations for six willful violations, with a penalty of $126,000; eight serious violations, with a penalty of $27,900; and five other-than-serious violations, with a penalty of $4,500

The willful violations address OSHA’s belief that the company failed to provide adequate energy control procedures and a hearing conservation program. OSHA defines a willful violation as one committed with plain indifference to, or intentional disregard for, employee safety and health.

The serious violations include a lack of machine guarding, failure to conduct a hazard assessment of the workplace to determine the need for personal protective equipment, failure to provide personal protective equipment for employees, and failure to provide and use protective equipment when working on or near energized electrical equipment.

The other-than-serious violations are due to the company’s inadequate recordkeeping.

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

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

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

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

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

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

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

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

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

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OSHA issued citations to Cambria Contracting Inc. for 11 alleged willful violations of the OSHA construction asbestos standard for failing to train and protect its workers at a Buffalo jobsite. The Lockport, N.Y., demolition contractor faces a total of $484,000 in proposed penalties.

“These significant penalties reflect the fact that this employer, an asbestos contractor with extensive knowledge of the OSHA standards that govern asbestos removal and handling, chose not to follow these standards and put its workers, including young, inexperienced college students, in harm’s way,” said acting Assistant Secretary for OSHA Jordan Barab.

OSHA found that several Cambria Contracting workers, who were cleaning up debris at the former AM&A department store warehouse on Washington Avenue, had not been trained in asbestos hazards and how to protect themselves. The workers also lacked proper respirators and protective clothing, and had not been informed of the presence of asbestos at the site. In addition, the employer failed to determine the asbestos exposure level and to establish a regulated work area for asbestos removal and handling. It also did not use vacuums with HEPA filters to collect debris but used methods to move debris with asbestos-containing material that typically can cause asbestos to be released into the air.

“This employer knew that training and other safeguards, which are well-known in the industry, were required, yet chose not to provide them,” said Robert Kulick, OSHA’s New York regional administrator. “That is unacceptable and needlessly placed the health of these workers at risk.”

“Asbestos is well recognized as a health hazard since inhalation of asbestos fibers may lead to lung cancer and other diseases,” said Arthur Dube, OSHA’s Buffalo area director. “As exposures frequently occur during renovation and demolition work, we strongly urge contractors to ensure that their workers are adequately trained and protected against asbestos hazards.”

Detailed information on asbestos is available on OSHA’s Web site at:

http://www.osha.gov/SLTC/asbestos/index.html

and http://www.osha.gov/SLTC/asbestos/construction.html

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According to OSHA what is an effective hearing conservation program for construction?

Employers who are required to follow General Industry standards for Occupational Noise Exposure have pages and pages of requirements and guidelines that are published by OSHA.  It lays out specific requirements and responsibilities for employers, employees, and audiometric testing personnel along with other details. 

What if you are in the construction industry and you know you have a noise problem?  The standard is pretty simple: determine your noise level and if it exceeds Table D2 then feasible engineering & administrative controls must be implemented and an effective and continuing hearing conservation program must be administered.  If these are not effective in bringing the noise to acceptable levels then hearing protection must be fitted and worn to reduce the noise.  If the person in charge of the construction safety program did not read anything more than the half page standard, things would seem pretty simple.  But what is an “effective hearing conservation program?”   Discussions have occurred about proposed revisions to this standard, but no official changes yet. However, OSHA has been asked this question before.

There are some standard interpretations published by OSHA which lay out additional requirements that are similar to the General Industry Requirements.  One letter states an effective hearing conservation program consists of the following elements:

1. Monitoring of employee noise exposures.
2. The institution of engineering, work practice, and administrative controls for excessive noise.
3. The provision of each overexposed employee with an individually fitted hearing protector with an adequate noise reduction rating.
4. Employee training and education regarding noise hazard and protection measures.
5. Baseline and annual audiometry.
6. Procedures for preventing further occupational hearing loss by an employee whenever such and event has been identified.
7. Record keeping.

If you would like assistance or guidance on the implementation of an effective hearing conservation program feel free to contact Advanced Safety & Health at (502) 240-6910.

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