“OSHA has found that BP often ignored or severely delayed fixing known hazards in its refineries,” said Secretary of Labor Hilda L. Solis. “There is no excuse for taking chances with people’s lives. BP must fix the hazards now.”

OSHA began its inspection at the refinery located near Toledo, Ohio, in September 2009 as part of the agency’s Refinery National Emphasis Program and as a follow-up to a 2006 inspection and a 2007 settlement agreement between OSHA and BP at this location. Although the 2009 inspection found that BP had complied with the settlement agreement, OSHA found numerous violations at the plant not previously covered by the agreement.

The inspection revealed that workers were exposed to serious injury and death in the event of a release of flammable and explosive materials in the refinery because of numerous conditions constituting violations of OSHA’s process safety management standard. OSHA has issued willful citations for numerous failures to provide adequate pressure relief for process units, failures to provide safeguards to prevent the hazardous accumulation of fuel in process heaters, and exposing workers to injury and death from collapse of or damage, in the event of a fire, to nine buildings in the refinery. Additional willful citations allege various other violations of OSHA’s standard addressing process safety management. These citations carry proposed penalties totaling $2,940,000.

The serious citations address a variety of other hazards, including violations of other requirements of the process safety management standard. These carry proposed penalties totaling $102,000.

Since 1991, this refinery has been inspected 12 times. Nationally, BP Products North American has been inspected by OSHA 44 times at various sites and is facing pending cases in which 439 willful citations and failure-to-abate notices were issued to its Texas City Refinery as a result of a 2009 inspection. Proposed penalties in those pending cases total $87 million, the largest penalties by far ever proposed by OSHA. BP’s Texas City Refinery experienced a devastating explosion and fire in 2005 that killed 15 workers and injured 170. A large portion of the penalties proposed for the Texas City Refinery results from OSHA’s allegations that BP failed to fully live up to a settlement agreement entered into after the explosion. BP has contested the citations, notifications of failure-to-abate and the proposed penalties in those cases.

BP North American Inc. operates and jointly owns the refinery with Canadian-based Husky Energy Inc. The company has 15 business days from receipt of the citations to comply, request an information conference with the OSHA area director or contest the findings before the independent Occupational Safety and Health Review Commission.

Toledo Refinery Citations and Proposed Penalties

Forty-two willful citations with proposed penalties totaling $2,940,000 are proposed as follows:

1. Thirty-eight (38) per-instance, willful citations with penalties totaling $2,660,000 allege as follows:

a. Twenty-six instances allege deficient pressure relief, a violation of 29 CFR parts 1910.119(d)(3) and 1910.119(j)(5), with total penalties of $1,820,000;

b. Three instances allege the lack of flame-out protection on heaters and a furnace, a violation of 29 CFR 1910.119(d)(3), with total penalties of $210,000; and

c. Nine instances allege facility-siting hazards, a violation of 29 CFR 1910.119(e)(5), with total penalties of $630,000.

2. Four willful citations with penalties totaling $280,000, allege as follows:

a. Lack of pressure vessel information, a violation of 29 CFR 1910.119(d)(3), with a penalty of $70,000;

b. Cross-connections between fire-emergency water supplies and process systems, a violation of 29 CFR parts 1910.119(d)(3) and 1910.119(e)(5), with a penalty of $70,000;

c. Failure to conduct thickness measurements at designated test sites and as required at the flare header, a violation of 29 CFR 1910.119(j)(4)(ii), with a penalty of $70,000; and

d. Failure to conduct thickness measurements in accordance with RAGAGEP, a violation of 29 CFR 1910.119(j)(4)(iii), with a penalty of $70,000.

Twenty serious citations with total penalties of $102,000 allege the following failures: to support pipes properly; to maintain heat transfer information for refractory-lined vessels; to assure the accuracy of P&IDs, the maintenance of pressure vessel nameplates, and proper documentation of pressure relief design information; to document implementation of the vessel grounding program; to assure that car-sealing practices were used for intervening valves; to password protect safety instrumented systems; to assure that PHAs addressed combustion safeguards, pressure relief, and human factors, and reflected updated layer of protection analysis and safety integrity levels; to establish and to implement a written program for refinery valve car-seal procedures; to consult employees on the frequency of refresher training; to implement procedures for operating limits changes and other matters; to investigate contamination of the fire-water system; to include contributing factors and recommendations in accident investigation reports; to audit a statistically significant number of pressure vessels, piping and instrument controls during compliance audits; to assure that LOTO procedures were implemented during burner maintenance; to assure that LOTO devices were applied during service and maintenance; and to assure that electric lighting equipment was appropriate for hazardous atmosphere classifications.

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“The failure of employers to provide clean water to workers they are required to house can lead to serious infections and dehydration,” said Ken Nishiyama Atha, OSHA’s regional administrator in San Francisco. “We are vigorously enforcing the standards for adequate housing and safety for all workers, including H-2B temporary workers, especially as construction and other industries ramp up in support of the planned relocation of Marine Corps personnel and their dependents from Okinawa, Japan, to Guam.

OSHA has cited the company for one alleged willful violation and 28 alleged serious violations. The willful violation is for failing to provide workers with an adequate water supply for drinking, cooking, bathing, flushing and laundry. The proposed penalty for the willful violation is $70,000. A willful violation is one committed with intentional knowing or voluntary disregard for the law’s requirements or with plain indifference to employee safety and health.

The serious violations are for safety and health hazards related to poor living conditions at the employees’ barracks as well as at the worksite. Some include failing to maintain the fire alarm system; maintain toilet rooms in sanitary condition; install cooking and heating equipment to meet local ordinances codes and regulations; provide proper food-handling facilities and garbage containers; and provide first aid facilities and maintain a trained first aid person. The proposed penalty for the serious violations is $69,500 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.

OSHA cited this company six times in the two years prior to this inspection. Four of the inspections resulted in a total of nine serious violations.

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There are about 50,000 in the United States and about 15,000 in Canada.  The coil nailers are used to project nails into drywall, wood or other materials. The model number is NV83A2 and can be found on the body of the product. Only those units manufactured between October 2002 and September 2005 are included in this recall. The manufacturing date can be identified by the serial number engraved at the end of the handle, the first digit representing the month (1 for January, 2 for February, 3 for March, 4 for April, 5 for May, 6 for June, 7 for July, 8 for August, 9 for September, O for October, N for November and D for December) and the second digit representing the year (2 for 2002, 3 for 2003, 4 for 2004 and 5 for 2005).

These units have been sold at Lowe’s, Home Depot, other home improvement and building supply stores and online at Amazon.com nationwide from November 2002 through March 2006 for between $350 and $400.
The nailers could have a faulty feeder that can allow nails to be ejected sideways, posing a serious injury hazard to the user or bystanders.  The firm has received 37 reports of nails being ejected sideways, including 15 reports of injuries. The injuries were primarily in the eye region, including five reports of partial blindness.

Consumers should immediately stop using the recalled coil nailer and contact Hitachi Koki U.S.A., Ltd. for a free repair. For additional information, contact Hitachi Koki U.S.A., Ltd. at (800) 706-7337 between 8 a.m. and 8 p.m. ET, Monday through Friday or visit the firm’s Web site at www.hitachipowertools.com

Note: Health Canada’s press release is available at http://cpsr-rspc.hc-sc.gc.ca/PR-RP/recall-retrait-eng.jsp?re_id=959

CPSC is still interested in receiving incident or injury reports that are either directly related to this product recall or involve a different hazard with the same product. Please tell us about it by visiting https://www.cpsc.gov/cgibin/incident.aspx

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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.

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Proper Combustible Gas Monitoring Among Seven Key Safety Lessons from a CSB Investigation of Multiple Hot Work Disasters

 Wausau, Wisconsin, March 4, 2010 – The U.S. Chemical Safety Board (CSB) today issued a safety bulletin warning of the hazards of conducting hot work in a variety of industries and identifying seven key lessons aimed at preventing worker deaths during hot work in and around storage tanks containing flammable materials.

Hot work is defined as any work activity that involves burning, welding, cutting, brazing, grinding, soldering, or similar spark-producing operations that can ignite a flammable atmosphere

The CSB began investigating hot work hazards following an explosion that occurred on July 29, 2008, at the Packaging Corporation of America (PCA) corrugated cardboard mill in Tomahawk, Wisconsin, which killed three maintenance workers and injured another. The CSB determined the explosion resulted from welding above an 80-foot-tall storage tank that contained highly flammable hydrogen gas – the product of bacterial decomposition of organic fiber waste inside the tank.

You can Read the rest of the article here on the U.S. Chemical Safety Board web site.

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#501 - Trainer Course in OSHA Standards for General Industry, April 27-30, 2010 in Louisville, KY

This course is designed for personnel in the private and public sector interested in teaching the OSHA 10- and 30-hour general industry safety and health outreach program to their employees and other interested groups. Special emphasis is placed on those topics that are required in the 10- and 30-hour programs as well as on those that are the most hazardous, using OSHA standards as a guide. Course participants are briefed on effective instructional approaches and the effective use of visual aids and handouts. This course allows the student to become a trainer in the Outreach Program and to conduct both a 10- and 30-hour general industry safety and health course and to issue cards to participants verifying course completion. Prerequisites: Course #511 and five years of general industry safety experience. A college degree in occupational safety and health, a Certified Safety Professional (CSP), or Certified Industrial Hygienist (CIH) designation, in the applicable training area may be substituted for two years of experience. NOTE: Students in Course #501 who wish to participate as authorized trainers in the Outreach Program must successfully pass a written exam at the end of the course. Outreach trainers are required to attend Course #503 at least once every four years to maintain their trainer status.

#503 - Update for General Industry Outreach Trainers, April 27-29, 2010 in Louisville, KY

This course is designed for private sector personnel who have completed course #501 Trainer Course in Occupational Safety and Health Standards for General Industry and who are active trainers in the outreach program. It provides an update on OSHA general industry standards and OSHA policies. Prerequisites: Course #501. NOTE: Outreach trainers are required to attend this course once every four years to maintain their trainer status. Students must bring their current trainer’s card for validation.

To register please contact Josh Dahl at with Eastern Kentucky University at (859)622-2961 or josh.dahl@eku.edu

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But this year’s inspection data from the Office of Compliance inspections is an improvement over last year’s.

More than 70 percent of congressional offices have violated worker safety standards over the past year.

While the majority of all lawmaker offices on Capitol Hill have at least one health or safety hazard violation, this year’s inspection data from the Office of Compliance inspections is an improvement over last year’s.

The number of Occupational Safety and Health Administration (OSHA) violations found in each office has significantly decreased over the years as well — from an average of about 8.15 violations per office in 2007 to an average of 1.75 hazards in each office this year.

You can see the rest of the article here on the thehill.com

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Candidate will provide safety and health consulting services to a federal agency. Candidate will manage safety or occupational health program elements. Specific tasks could include (1) developing or implementing programs to reduce the frequency, severity, and cost of accidents and occupational illnesses; (2) applying safety and occupational health laws, regulations, principles, theories, practices, and procedures to advise on or resolve technical matters dealing with occupational safety and health requirements; (3) inspecting or surveying workplaces, processes, products, or other systems for compliance with established safety and occupational health policies or standards and to identify potential new hazards; (4) designing or modifying workplaces, processes, products, or other systems to control or eliminate hazards; and (5) training of workers, supervisors, managers, or other safety and occupational health personnel in safety or occupational health subjects.

Candidate must have an undergraduate degree in a technical, scientific, or engineering discipline. Candidate must also have five to ten years of related experience and knowledge of federal, state, and local safety legislation as they apply to industrial organizations. Excellent oral and written communication skills are required, as is the ability to work independently and supervise personnel. Professional certification as a Certified Safety Professional or a Certified Industrial Hygienist is preferred, but not required.

Candidate must be a US citizen, and able to pass a rigorous background check and federal security clearance by TSA. This position is assigned to the project’s North Central region. The region’s main office is located in Detroit, MI. The candidate will work from a home-based office within the region. Occasional travel is required. Annual salary will fall within the Grade 10 Base General Schedule pay scale (see http://www.opm.gov/oca/08tables/pdf/gs.pdfl).

If interested, contact us at info@advancedsafetyhealth.com and we will put you in contact with the hiring agency. This announcement is dated: March 2, 2010

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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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“Asbestos is well recognized as a health hazard since inhalation of asbestos fibers may lead to lung cancer and other diseases,” said Brenda Gordon, OSHA’s area director for Boston and southeastern Massachusetts. “OSHA standards are designed to minimize the risk of exposure and its potential impact on workers’ health, but they are effective only so long as employers adhere to them.”

OSHA’s inspection found that Berry employees were removing laboratory ventilation hoods with asbestos-containing panels without proper respiratory protection and required safeguards to minimize exposure. Specifically, the contractor failed to conduct an initial asbestos exposure assessment and monitor the worksite daily for asbestos exposure, establish regulated work areas, provide protective clothing and a decontamination area, use HEPA vacuums to collect debris and clean workers’ clothing, label containers of asbestos-containing materials, train employees in asbestos work, and ensure that the site was inspected and the work overseen by a competent person. Several respirator-related deficiencies also were identified.

As a result, OSHA has issued William A. Berry & Son one willful citation, with a $55,000 fine, for not establishing a regulated work area and 17 serious citations, with $80,000 in fines, for the remaining items. The employer also has been issued one other-than-serious citation, with a $1,000 fine, for not providing OSHA injury and illness logs in a timely manner.

OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for worker safety and health, while serious citations are issued when death or serious physical harm is likely to result from hazards about which the employer knew or should have known. Detailed information on asbestos hazards and safeguards is available at http://www.osha.gov/SLTC/asbestos/index.html and http://www.osha.gov/SLTC/asbestos/construction.html.

William A. Berry & Son Inc. has 15 business days from receipt of its citations and proposed penalties to comply, participate in an informal conference with the OSHA area director or contest the findings before the independent Occupational Safety and Health Review Commission. The inspection was conducted by OSHA’s Braintree Area Office; telephone 617-565-6924.

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

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