37 Violations Received after Fatality

OSHA cited Resource Management Cos. at its Earth City, MO recycling facility for 37 safety and health violations. An inspection was opened after a worker died from injuries sustained on June 12 when he entered a baling machine to clear a jam and it became energized.  Proposed fines total $195,930.

“Resource Management Cos. has a responsibility to ensure that its workers are protected from hazardous working conditions, especially ones related to dangerous equipment such as baling machines,” said Charles E. Adkins, OSHA’s regional administrator in Kansas City, Mo. “Employers are required by law to ensure that work environments are safe and healthful. OSHA is committed to protecting workers on the job, especially when employers fail to do so.”

Twenty-two serious safety violations have been cited, including failing to lock out and tag out the energy sources of equipment and install adequate machine guarding. They also involve hazards related to fall protection, exits, flammable liquids, fire extinguishers, powered industrial trucks, and welding and electrical equipment. Additionally, eight serious health violations involve inadequate housekeeping, excessive noise, improper personal protective equipment, permit required space program, and blood borne pathogens hazards. 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 repeat safety violation has been cited relating to defective powered industrial trucks that were not taken out of service. 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. The company was cited in April 2010 for a similar violation.

Six other-than-serious safety and health violations have been cited, involving egress, fire extinguisher, personal protective equipment and hazard communications deficiencies. 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 citations can be viewed at:
http://www.osha.gov/ooc/citations/ResourceMgt_315652776_1206_11.pdf*
http://www.osha.gov/ooc/citations/ResourceMgt_315464289_1206_11.pdf*

OSHA Cites Dallas Facility for Exposing Workers to Noise & Energized Machine Hazards

Anaheim, CA based Bridgford Foods Corp. was cited for 27 safety and health violations at its food manufacturing facility in Dallas, with proposed penalties totaling $422,600. The violations include, among others, failing to establish and maintain a hearing conservation program for workers exposed to noise hazards beyond the permissible exposure limit, and failing to establish a lockout/tagout program for energy sources to protect workers from machines starting up unexpectedly.

“Bridgford Foods has a history of failing to implement necessary safety and health programs to prevent the unexpected start-up of machines and prevent hearing loss,” said OSHA Regional Administrator John Hermanson in Dallas. “Under the law, it is the employer’s responsibility to provide a safe and healthy workplace.”

OSHA’s investigation of the facility on South Good Latimer Expressway found 20 serious violations carrying $129,000 in penalties. They include failing to provide guardrails on mixers, ovens and ice machines; provide machine guarding to prevent workers from coming into contact with rotating parts; develop energy control procedures for machinery with more than one energy source; and ensure that employees were trained on the use of energy control procedures. 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.

Six repeat violations, with penalties of $292,500, include failing to provide training on the hazards of electrical equipment, ensure that workers operating powered industrial trucks are evaluated at least every three years, establish and maintain an audiometric testing program, and train employees on hearing protection who are exposed to noise levels at or above an 8-hour time-weighted average of 85 decibels. 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. OSHA cited the company for similar violations in February 2008 with penalties of $8,000, in September 2008 with penalties of $33,900, and again in January 2010 with penalties of $106,000.

One other-than-serious violation, with a penalty of $1,100, was cited for failing to post a copy of the hearing conservation standard in the workplace. 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. OSHA has placed Bridgford in its Severe Violator Enforcement Program, which mandates targeted follow-up inspections to ensure compliance with the law. Initiated in June 2010, the program focuses on recalcitrant employers that endanger workers by committing willful, repeat or failure-to-abate violations. For more information on SVEP, click here.

View the citations here and here.

Are You Inspecting Your Forklifts and/or Cranes?   Do You Have the Documentation to Prove It?

Do you have powered industrial trucks (PITs), such as forklifts, at your facility?  What about cranes and hoists?

If you have forklifts and/or cranes, are you inspecting them properly?  OSHA requires daily inspections of both types of equipment before use.  Many of the inspections are to be performed by each shift in facilities with more than one shift. Inspections will help assure that your forklifts and cranes are maintained properly and repaired when needed and will prevent unnecessary injuries and property damage.

To assist in your inspections, Advanced Safety & Health has developed durable inspection tags for either powered industrial trucks or cranes and hoists.  One side of the tags lists the items to be checked and the other side allows the operators to record the date, month, year, and shift for each inspection.  All tags are laminated and may be customized for your particular equipment or facility.  Contact Jamie Jarboe at 502-240-6910 or jjarboe@advancedsafetyhealth.com for pricing and further information.

The tags provide excellent documentation that your facility is performing the necessary inspections and meeting the OSHA requirements.  See 1910.179(j)(1) overhead and gantry cranes and 1910.178(q)(7) powered industrial trucks for complete OSHA standard information on inspections.

Best Buy Co. Inc. store on Pleasant Hill Road in Duluth Georgia has been cited by OSHA with five safety violations after a worker suffered severe head injuries from a fall in January.

The employee was stacking televisions on a storage rack while standing on an elevated powered industrial truck’s platform when it suddenly tilted and caused the employee to fall approximately 12 feet.

Two repeat violations include failing to provide personal protective equipment that fit the employee and guardrails for a 12-foot fall hazard. 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. The company was cited in 2008 at an Illinois location involving similar equipment.

One serious violation involves allowing modifications to a powered industrial truck without manufacturer approval by taping shut the drive limit switch. 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.

Two other-than-serious violations include failing to properly fill out the OSHA 300 log of workplace-related injuries and illnesses in 2008, and failing to certify the log in 2008 and 2009. 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.

“This injury resulted from managers’ complacency, as they failed to oversee powered industrial truck operators to make sure that fall protection was being used,” said Bill Fulcher, director of OSHA’s Atlanta-East Area Office. “The fact that the body belt was too big for the operator shows a lack of concern and a desire to get the job done regardless of danger to the worker.”

Initial penalties total $76,000.  However, the OSHA Website shows an informal settlement has taken the fines down to $32,000 and one of the repeat citations has been changed to a serious citation.
http://www.osha.gov/pls/imis/establishment.inspection_detail?id=314207135

Champion Builders exposed employees to falls of up to 53 feet at hotel construction site resulting in $143,000 in fines

BRIDGEPORT, Conn. – The U.S. Department of Labor’s Occupational Safety and Health Administration has cited Champion Builders LLC for alleged willful, serious and repeat violations of workplace safety standards following OSHA’s inspection of a hotel construction site in Madison. The Bristol steel erection contractor faces a total of $143,000 in proposed fines, chiefly for fall hazards at the 94 West Wharf Road work site.

OSHA found employees exposed to falls of up to 53 feet while working without protection on the building’s roof, and to falls of 7 to 25 feet from unprotected or inadequately protected wall and window openings. Other fall hazards stemmed from an unguarded floor hole, missing or inadequate stair railings, and a lack of training for workers to recognize and address fall hazards. In addition, the operator of a powered industrial truck used to move steel around the job site was not trained in its safe operation, exposing employees to being struck or crushed by the vehicle.

“The sizable fines proposed here reflect not only the gravity of these conditions but the employer’s knowledge of them and history of similar violations,” said Robert Kowalski, OSHA’s area director in Bridgeport. “The citations address the employer’s failure to comply with basic construction safety requirements. These conditions must be effectively addressed so they do not occur again.”

As a result of its inspection, OSHA issued Champion Builders two willful citations with $110,000 in proposed fines for the rooftop and powered industrial truck hazards; three serious citations with $19,000 in fines for hazards relating to the floor hole, stair rail and lack of training; and one repeat citation with a $14,000 fine for the unguarded window and wall openings.

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. 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. The repeat citation stems from OSHA having cited the company in June 2007 for a similar hazard in East Hartford.

Volvo Aero Connecticut has been cited by OSHA for 17 alleged serious violations of workplace safety standards at its Newington manufacturing plant. The airplane engine parts manufacturer faces a total of $83,400 in proposed fines for a cross section of hazards identified during a comprehensive OSHA inspection.

“Our inspection found employees exposed to a range of hazards that could result in potentially serious or fatal injuries if not promptly and effectively corrected,” said Paul Mangiafico, OSHA’s area director in Hartford. “Workers at this plant face the risks of falls, fires, explosions, electrocution, struck-by injuries, chemical exposure and being caught in unguarded operating machinery. For the safety and health of its workers, the company must address these issues so that they do not occur again.”

Specific violations cited by OSHA included workers being hoisted on the load hook of an overhead crane; an improperly designed combustible dust collection system; a lack of personal protective equipment; uncovered containers of flammable liquids; improper disposal of combustible rags; failure to conduct air monitoring to determine employees’ exposure to hexavalent chromium; unguarded milling machines, belts, pulleys and grinders; and failure to re-evaluate workers’ ability to safely operate fork trucks and provide operators with refresher training.

In addition, the company was cited for several electrical safety violations. These included electrical equipment unapproved for a Class II (combustible dust) location, flexible cords used in lieu of permanent wiring, defective electrical equipment, a lack of an electrical safety-related work practices program and failure to provide such training to maintenance employees.

OSHA cites Associated Milk Producers, Bechel Bros. and seven additional milk haulers in probe following worker death.

The U.S. Department of Labor’s Occupational Safety and Health Administration has issued Associated Milk Producers Inc. of Blair and Bechel Bros. Inc. of Plum City, Wis., one willful safety citation each for failing to provide fall protection for workers. Associated Milk has received additional citations. All citations stem from an investigation prompted by the Aug. 23, 2010, death of a Bechel Bros. driver who fell from a delivery truck at an Associated Milk Producers’ intake facility in Blair. Serious citations also have been issued to seven other milk transporters for failing to provide fall protection.

“Associated Milk Producers and Bechel Bros. willfully ignored the law and failed to provide adequate fall protection for employees at the Blair intake facility. Associated Milk Producers has demonstrated an awareness of the OSHA requirement by installing adequate fall protection at its 12 other Midwest intake facilities,” said Mark Hysell, the agency’s area director in Eau Claire, Wis. “Additionally, seven other milk hauling companies failed to protect their workers from falls during the intake process and while cleaning milk trailers. Employers are responsible for knowing what hazards exist in their workplaces and ensuring that workers are not exposed to risks that could result in injury or death.”

OSHA issued the willful citation to Associated Milk Producers for allegedly failing to fully implement and properly install fall protection for workers performing milk unloading operations. Additionally, two serious citations were issued for not providing training, evaluation and certification for operators of powered industrial vehicles. The cooperative faces fines of $72,500 as a result of the investigation.

OSHA also issued Bechel Bros. one willful citation alleging that the company failed to provide proper fall protection while requiring its workers to wash out milk trailers from above. A worker died from injuries sustained after falling more than 10 feet from the top of a truck. The proposed penalty for failing to provide proper fall protection is $14,000.

OSHA has placed Bechel Bros. Inc. in its Severe Violator Enforcement Program, which mandates targeted follow-up inspections to ensure compliance with the law. Initiated in the spring of 2010, SVEP focuses on recalcitrant employers that endanger workers by committing willful, repeat or failure-to-abate violations. For more information on SVEP, see http://www.osha.gov/dep/svep-directive.pdf*.

Seven other milk haulers that deliver to Associated Milk Producers’ Blair facility each were issued one serious citation and a $4,200 fine for failing to provide fall protection for their drivers during unloading operations. Six of those companies are based in Wisconsin: Neitzel’s Trucking Inc. of Alma, Scott Wunk Trucking of Fountain City, A. J. Overhouse Transport LLC of La Crosse, Sampson Trucking Inc. of Melrose, and Mark L. Hutchinson LLC and Myrens Trucking LLC, both of Eleva. Von Arx Brothers Inc. is based in Hokah, Minn.

Associated Milk Producers Inc. is a dairy marketing cooperative with 3,200 members who operate dairy farms in Wisconsin, Minnesota, Iowa, Nebraska, South Dakota and North Dakota. Additionally, the company operates 12 milk processing facilities in the Midwest. The Blair facility receives approximately 60 milk deliveries daily.

Associated Milk Producers Inc. has been inspected by OSHA three times in the last five years and has had eight state enforcement inspections. In 2006, the cooperative was cited for failing to ensure employees were protected from falls when accessing hatches on top of milk delivery trucks at its Plainview, Neb., facility. The eight other milk hauling companies, including Bechel Bros., previously had not been inspected by OSHA.

OSHA fines Texas Linen in Austin, Texas more than $126,000 for fall hazards and repeat violations

AUSTIN, Texas – The U.S. Department of Labor’s Occupational Safety and Health Administration has issued Texas Linen Co. Ltd. five serious and 15 repeat citations following a safety and health inspection at the company’s facility in Austin. Proposed penalties total $126,400.

“This is not the first time this company has exposed its employees to workplace hazards,” said Casey Perkins, OSHA’s area director in Austin. “OSHA’s safety and health standards must be followed to prevent injuries and accidents.”

OSHA began its inspection June 10 at the company’s worksite on Smith Road and found employees operating a forklift without wearing a seat belt, as well as wet floors in passageways, aisles and laundry work areas.

OSHA issued serious citations alleging a failure to provide fall protection for employees working at an elevation of 16 feet; to provide an adequate number of locks and enforce lockout procedures during machine servicing to prevent injuries from unexpected re-start of machines and equipment; and to ensure a fiberglass ladder was set up and used correctly.

Repeat citations were issued alleging a failure to keep flooring dry; cover floor holes; provide machine guards for rotating parts, points of operation, and sprockets and chains; provide illuminated exit signs and clear exit access; provide properly identified locks for machine servicing; and provide working and easily accessible portable fire extinguishers. A repeat citation is issued 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.

In 2008, the company was fined more than $150,000 and cited for more than 40 safety and health violations at this same location, including a willful citation for not providing Hepatitis B vaccinations to employees within 10 days of being assigned to handle soiled health care linens.

Scenario: Your company is about to set up a battery charging station and servicing area in your facility.  Part of the employees’ responsibilities will be to check the battery water levels and add water when necessary.  You recognize that this may expose employees to injurious corrosive material, and an eyewash station or combination eyewash station and emergency shower needs to be located within the work area for immediate emergency use to comply with OSHA standard 1910.151(c).  You had heard from other safety people advising that the eyewash station must be within 10 seconds travel time from the hazard. 

Question: Where in the standard does OSHA state that an eyewash station must be located within 10 seconds travel time? Can OSHA cite an employer for failing to meet this requirement?

Answer: Federal OSHA doesn’t give too many details when it comes to the specifics on location or the type of quick drenching facilities that are required.  When researching the specifics of protecting against corrosives, a lot of questions may come up.  For example: do I need an eyewash or combination eyewash/shower, does the water need to be tempered, what about privacy curtains, alarm systems, etc? 

OSHA standard 1910.151(c) is short and simple and leaves the specifics up to you the employer to decide.  The standard states: “Where the eyes or body of any person may be exposed to injurious corrosive materials, suitable facilities for quick drenching or flushing of the eyes and body shall be provided within the work area for immediate emergency use”.  Many people quote the requirements set in the ANSI document Z358.1 as the requirements set by OSHA, but the Occupational Safety and Health Administration has not incorporated this document by reference under 1910.6. 

OSHA states that the ANSI Z358.1 document is simply a guideline for employers to use, but it is up to the employer to determine the specifics for finding the appropriate type, location, gallons per minute flow, flow time, etc. for protecting employees from corrosive liquids.  Employers could face the possibility of a citation even if they are following the requirements of ANSI Z358.1 because this is not the requirement.  The requirement is stated very generally and is open for interpretation and employer/site specifics to determine if the hazard(s) have been appropriately addressed. 

Remember, this discussion is in reference to Federal OSHA requirements.  Some State Plans, including Kentucky, have adopted a version of the Z-358.1 and are incorporated by reference for that state with some specific provisions.  We encourage employers to check with their State Plans to determine their requirements. 

SCHILLER PARK, Ill. – The U.S. Department of Labor’s Occupational Safety and Health Administration has cited Schiller Park-based Interstate Brands Corp., a manufacturer of bakery products, with 20 alleged safety violations for failing to properly train workers who operate powered industrial trucks, and protect workers from electrical shock hazards and dangerous high-speed rotating equipment. Proposed penalties, from two OSHA inspections at the company’s plant, total $274,500.

“Employers have a responsibility to train workers on the proper use of equipment and to protect them from workplace hazards,” said Diane M. Turek, OSHA’s area director in Des Plaines, Ill. “OSHA is committed to ensuring workers have a safe and healthy workplace, and failing to train, monitor and evaluate employees’ skills puts workers at unnecessary risk.”

IBC has been cited with three alleged willful violations for failing to properly lock out/tag out electrical equipment for maintenance and sanitation, ensure all persons operating powered industrial trucks were properly trained and evaluated, and ensure machinery guards were in place at points of operation. The violations carry proposed fines of $210,000. A willful violation is one committed with intentional, knowing or voluntary disregard for the law’s requirements, or plain indifference to employee safety and health.

The company also was cited with 17 serious violations including failing to keep all aisles and passageways in good repair and maintain proper exit routes, annually inspect energy control procedures, ensure all powered industrial trucks were examined for defects prior to the start or end of each work shift, ensure guards were in place on all equipment points of operation, provide employees with hardware to isolate and secure equipment from energy sources, and ensure fans less than 7 feet above work level were provided with guards. Proposed penalties are $64,500. An OSHA violation is serious if death or serious physical harm could result from a hazard an employer knew or should have known exists.