I said "people die going out of the trench box". I have no sympathy for going out the box and getting caught by OSHA. I investigated a fatality in in South Beloit in 1985 where the foremen went out of the box for 30 seconds and it caved in on him and he died. 100% preventable.
Case after case, OSHA has shown the trench collapses are unpredictable. In fact OSHA inspectors got out the workers in several instances before it collapse and killed the workers. See https://www.osha.gov/doc/quickaction.html
Even though he had been in the trenching business for 20 years, he had zero training on the OSHA rules in trenching. He had to take a trenching safety class as part on informal settlement agreement from a recent inspection. He had been cited repeats for $12,000. I said he got off cheap. I showed him an example of a contractor called Witt Plumbing. .
Witt Plumbing in NE got cited $70,000 each for no ladder access and no cave-in protection. They paid half the penalty. See
https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=NEWS_RELEASES&p_id=24279
One of the students said "do you want a $70,000 ladder citation" and laughed. You could have bought a cadillac for that price.
We went over the recent criminal indictments and said this could be you. People deserve a safe place to work and people send photos in to OSHA. You need to dig the trench safely, not only because it is the OSHA rule, but it is the right thing to do.
One of the students went on to tell us that he lost his dad in a 1982 bridge collapse in a preventable incident. Now he is a safety professional for a large nationwide underground contractor.
There are hundreds of contractors doing the right and safe methods every year when digging a trench. In IL, we went from a death a week on a trench collapse when I started in 1983 to the point maybe, one person dies in a cave-in a year. That is progress. If OSHA was not out inspecting these trenches, we would have lost over 1000 workers form trench collapses in the last 30 years. There is no excuse and no sympathy for those that want to cheat these minimum safety rules.
Tuesday, December 31, 2013
Thursday, December 12, 2013
November 2013 OSHA News
This month’s powerpoint is dock safety. 11 fatalities at larger companies show that this problem has not gone away. This draft ppt is a good start to some issues. If you improve on it, please send me a copy.
Several good articles in safety are at the end. December is the worst month for CO issues. Take preventive action and get some CO detectors. Relax and enjoy the holidays.
Here is the news for November
1) Good interpretation on responsibilities of Temp agencies and host employers. https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=28598
2) OSHA changed the rules on signs. https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=FEDERAL_REGISTER&p_id=23990
Sec. 1926.200 Accident prevention signs and tags.
* * * * *
(b) Danger signs. (1) Danger signs shall be used only where an
immediate hazard exists, and shall follow the specifications
illustrated in Figure 1 of ANSI Z35.1-1968 or in Figures 1 to 13 of
ANSI Z535.2-2011, incorporated by reference in Sec. 1926.6.
* * * * *
(c) Caution signs. (1) Caution signs shall be used only to warn
against potential hazards or to caution against unsafe practices, and
shall follow the specifications illustrated in Figure 4 of ANSI Z35.1-
1968 or in Figures 1 to 13 of ANSI Z535.2-2011, incorporated by
reference in Sec. 1926.6.
3) OSHA has eliminated the weekly inspections on punch presses if no one objects. OSHA will align the existing standard's maintenance and repair
provisions to the American National Standards Institute standard for safety requirements for mechanical power presses. This standard would explicitly state that maintenance and repair must be completed before the mechanical power press is operated and, in keeping with the ANSI standard, employers would certify maintenance and repair for the entire machine rather than for certain parts of the power press.
See Federal Register notice at
https://www.federalregister.gov/articles/2013/11/20/2013-27695/record-requirements-in-the-mechanical-power-presses-standard for more details.
4) 54 people died in the roof collapse this month in Latvia. Roof collapses are preventable.
Many roofs have a design loading so snow, AC units, gardens can all push the roof beyond the rated load.
Substandard construction has caused several collapses. Annual inspections of the supports can reveal cracks, broken truss welds, exterior corrosion, and bowing due to weight.
Workers on the roof need fall protection. Skylights are the worse fall hazard and should be covered. If at the edge, fall arrest should be worn if there are no guardrails. Never get on the roof without 100% fall arrest if the roof is rusty and leaking. Too many people are going through rotten decking.
5) The Occupational Safety and Health Administration has scheduled a public meeting to allow interested parties to comment on the proposed rule to improve tracking of workplace injuries and illnesses. OSHA's proposed rule amends its current recordkeeping regulations to add requirements for the electronic submission of injury and illness information employers are already required to keep under existing standards, Part 1904.
The meeting will be held from 9 a.m. to 4:30 p.m., Thursday, Jan. 9, 2014, at the U.S. Department of Labor in Washington, D.C. Requests to attend or speak at the meeting may be submitted electronically at http://www.regulations.gov, the Federal eRulemaking Portal or by mail or facsimile. The deadline to request to attend the meeting as a speaker or observer is Friday, Dec. 13, 2013.
6) About 80% of the medium size companies did the GHS training on time. Many used a quiz to test the knowledge which will help when some forget.
7) OSHA has been citing blocked exits. Often storage is tight and it gets tempting to put a pallet of material by the exit. Regular checks need to be perform to catch this issue.
8) A construction employee fell 35 feet at O’Hare airport on November 21. I have not seen much on the details of the accident.
9) A $40 Carbon Monoxide detector with digital readout can alert you to unsafe levels. Any industry with CO should have them.
10) Thanks to all the people who helped out for the people affected by the tornadoes in IL. The devastation was extensive. Early warning helped save many lives.
OSHA Citations in November
Penalty State Major Issues
1) $66,220 CT Repeat GHS, Grinders, eyewash, Metal finisher
2) $70,000 NE Fatal roof fall, roofer
3) $82,000 WI Repeat Respirators, Recycler
4) $97,200 TX Fatal forklift, Plastic mfr
5) $55,400 GA Fail-to-Abate GHS, Logistic company
6) $156,240 WI Willful lockout death, shingle mfr
7) $147,000 NY Willful powerline death, Telecom Utility
8) $60,900 RN Willful crane inspection death, Highway contractor
9) $77,000 FL Willful fall death, Masonry
10) $177,100 MS Repeat fall protection, electrical, machine guarding, Boat mfr
11) $58,100 TX Guarding, Electrical, Methylene Chloride, Foam mfr
12) $313,000 PA Demolition death
13) $84,000 PA Demolition Death
14) $89,760 PA Willful Fall Protection, stucco contractor
15) $169,000 NY Willful, Blocked exits, retailer,
16) $77,000 AR Willful, Not using listed label equipment, Pipe Manufacturer
17) $70,070 WI Repeat ladder access, competent person, cave-in protection trenching citations,
18) $121,720 NY arc flash, machine guarding, fall protection, Food mfr
19) $158,015 IL Will fall protection, Roofer,.
20) $51,100 MT Flash fire bonding and grounding fatality, Auto Repair
21) $51,800 NJ SST, fire exits, respirator, noise, Pipe mfr
22) $108,080 NY Fail to Abate GHS, Falls, Exits, Refrigeration mfr
23) $165,200 CT Crane collapse, Marina Construction contractor
24) $108,000 American Samoa Willful fall protection fatality, General construction
25) $55,800 OH Flyash engulfment fatality, Concrete company
26) $77,000 OH Willful guarding rotary digester, Pul and Paper mfr
27) $42,300 NJ Heat, GHS, BBP, ep B vaccinations, Nursing Home
28) $82,080 MA Repeat exits, table saw guarding, fencing mfr
29) $49,700 TX PPE, Chromium, cranes, Plating company
Large Work Payouts
None
Summary of the Major News Stories
1) Thanks Craig. US Supreme court to rule on compensation for wearing PPE. http://www.washingtonpost.com/politics/court-asked-to-define-clothes/2013/11/04/42cbcc90-4588-11e3-a196-3544a03c2351_story.html?hpid=z3
2) Shoddy work by two electricians led to the death of a man at a west Houston hotel swimming pool, police said. Jason Joseph Gorczyca, 35, and James Ray Pyle, 34, were charged on Friday with criminally negligent homicide. Officials said the electricians' work on a pool at the Hilton Houston Westchase was done in a "substandard fashion" and led to the death of Raul Hernandez. http://www.chron.com/news/houston-texas/houston/article/Electricians-charged-in-electrocution-of-man-at-4968736.php?cmpid=houtexhcat
3) David Michaels, an US assistant secretary of labor, says Campbell and Benschop “sacrificed worker and public safety through the deliberate neglect of demolition safety fundamentals. This tragic incident,” he adds, “could and should have been prevented.” Murder Charges detailed. http://articles.philly.com/2013-11-27/news/44490135_1_building-collapse-stb-investments-corp-murder-charges
4) The U.S. Chemical Safety & Hazard Investigation Board last week released its report ona 2009 explosion at a quartz crystal manufacturing plant in Illinois operated by NDK America. CSB determined that a corrosive environment led to cracks in a pressure vessel’s steel walls, resulting in its failure. The blast blew a piece of steel 650 feet to a nearby gas station, where it fatally injured one truck driver.
When they were in operation, the six 50-foot tall crystallization vessels at the plant were loaded with raw mined quartz, 800 gallons of 4% sodium hydroxide in water, a “small amount” of lithium nitrate, and seed crystals of pure quartz, the CSB report says. Once sealed, they were heated to 370 °C and pressurized to 29,000 psig for 100 to 150 days.
The vessels’ steel walls were eight inches thick. Sodium hydroxide and silica will react with iron in steel to produce a layer of sodium iron silicate, or acmite. ADK believed that the acmite layer would prevent corrosion of the steel, but neither the company nor the state ever inspected the vessels’ interiors. In 2007, one of the vessels leaked through a connection in its lid. A consultant hired by NDK determined that the leak was caused by stress corrosion cracking and found cracks in three other lids. The company continued to operate the remaining vessels without inspections, the CSB report says.
For more detail and for CSB’s recommendations to the American Society of Mechanical Engineers, the National Board of Boiler & Pressure Vessel Inspectors, the Office of the Illinois State Fire Marshal, and NDK, see CSB’s report. The agency also produced its usual excellent summary video:
Monday, November 4, 2013
October 2013 OSHA News
Here is a Powerpoint on National Electrical Code 2014 updates that I made. I find that people charge to learn the updates. I just read the code and pick the changes that I thought would affect safety in the workplace. Let me know if you think there are other code updates that are important for safety. You can view the code free atwww.nfpa.org
I am noticing many companies not having the correct PPE for electric work not even AC Voltage detectors. A portable GFCI extension cord cost $23, Class 0 gloves cost $70 and an AC voltage tester $20. These three items would prevent many electrical fatalities.
I recommend also the OSHA Harwood grant product on electrical safety too. It is at https://www.osha.gov/dte/grant_materials/fy10/sh-20999-10/electrical_safety_manual.pdf
I have been teaching at a record pace in October. Confined space safety, electrical hazard awareness, crane signaling, trenching safety and, rigging awareness are the hot topics this month.
John
Here is the news for October
1) The Construction Safety Council is starting their annual 145 Hour class for safety. Many safety professionals and superintendents have taken this in the last few years. Many go on to get the CHST certification. http://www.richblackwell.com/CCSC/Events/131210-145.pdf
2) Spoil pile at the edge is is considered to be added to the trench depth. If you dig a 3.5 feet deep trench and put the spoil 3 feet at the edge. OSHA will say you are in a 6.5 feet trench.
3) I am still seeing employees lower meters into confined spaces vs. using the test hose supplied by the tester manufacturer.
4) Congrats to Elia Zabaneh who retired from the Chicago North Area Office as the Assistant Area Director. Claudia Irizarry will fill his shoes. She recently was the OSHA Harwood Grant Administrator for the Chicago Region and was the IL Consultation supervisor before joining OSHA. Diane Turek will retire at the end of the year so say hello to her before then.
5) I learned today that you can link a confined space gas meter to wireless email so it sends the readings remotely to the corporate office. It also sends an email to the safety director if turned off when alarming.
6) Can a webinar satisfy GHS training for employees? Maybe. Thanks Mark.
Here are the quotes that stand out from the Federal Register. .
"However, OSHA believes that additional training would be necessary to ensure that employees understand some elements of the new system."
"GHS will require more training in their programs to ensure people understand the information."
"For example, ANSI Z535.3, the American National Standard that addresses criteria for safety symbols, contains a test method for determining the effectiveness of a pictogram."
"Training is designed to ensure that employees understand the chemical hazards in their workplace and are aware of protective measures to follow."
Webinar training usually does not meet this criteria. I would want to see a test given after the webinar with plenty of time for interactive questions otherwise the "understood the training" is going to be an issue for OSHA. The weakness is that people does not know how to read their own chemcial's SDS. I am seeing trainers cover pictograms and the new label elements, but no one is digging out the SDS and reviewing the hazards with the workers. It has been quite the shock for companies to read these new SDS. Chlorine cleaners often require eye washes now. Solvent ones say use supplied air.
7) Jail time for executive who plead guilty to OSHA violations. http://dfw.cbslocal.com/2013/10/28/ex-chemical-firm-exec-gets-prison-for-worker-death/
8) NIOSH is campaigning against having kids ride in a parent’s lap. This 5 year old was another victim. http://www.ccenterdispatch.com/police/article_f2bb7a76-3d9d-11e3-aa6f-0019bb30f31a.html
Some good Ag Safety posters showing the NIOSH campaign. I like "Bury a Tradition" http://www.childagsafety.org/TractorCampaign.htm
9) ILFA has a good ammonia training online for farmers. Take the assessment and see if you can pass. http://www.ifca.com You must register and allow popups.
10 ) I still get employers think they are exempt from OSHA if they have ten or less employees. That is mainly for the recordkeeping rules. If you have one employee, you probably are under OSHA.
11) Black Friday is always problem. I urge retailers to review guidelines at https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=NEWS_RELEASES&p_id=23259
12) CPWR did a great set of new Tool Box Talks.
Significant OSHA Enforcement Action
October 2013
Penalty State Major Issues
1) $280,880 NH Respirators, scaffold, Power Plant Construction
2) $90,900 NJ Confined Space, respirators, silica, Concrete
3) $56,000 NY Hearing Conservation, hexchome, flammables. Metal Hatch mfr.
4) $115,400 NJ Lockout, fire, Aerial lifts, Steel mfr
5) $707.000 WY PSM, Refinery
6) $140,000 WI Willful confined space, Lockout, fatality, ethanol mfr
7) $77,000 NY Willful Exits, retailer
8) $115,000 OH Repeat lockout, Fabric mfr.
9) $147,600 OH Willful power presses, Garage door mfr
10) $136,400 OH Fail to Abate lockout, respirators, lockout, fire safety, Marble/tile mfr
11) $113,400 AR Willful confined space fatality, trucking
Large Work Payouts
1) $8.5 million damage against CM who saw father and son in unshored trench. http://www.chicago-personal-injury-lawyer-blawg.com/2011/01/cook_county_construction_site_1.html
Summary of the Major News Stories
1) MSHA hobbled by the shutdown. http://www.huffingtonpost.com/2013/10/07/government-shutdown-2013-miners-killed_n_4059829.html
2) Shutdown affects OSHA staffing. http://www.bna.com/government-shutdown-reduces-n17179877504/
3) Black Lung and workers. Nightline clip - http://abcnews.go.com/Nightline/video/investigation-black-lung-doctors-coal-companies-20736771
Wednesday, October 9, 2013
Excavation Safety. Five hot buttons.
A "lively" roundtable with Excavation Contractors early today. I was asked to cover the "hot" OSHA topics. I definitely pushed some hot buttons.
1. Partnership. Many in the group are unhappy that OSHA Partnerships are not happening much anymore. They feel that they learned from the interchange with OSHA. I would like to see it increase after the sequestration and shutdown are over. But the partnership must produce a tangible result not make everyone warm and fuzzy. One suggested that if OSHA can't travel to do speeches, that they should have the excavator safety meeting in an OSHA conference room.
2. Confined Space Rescue. Many never practice rescue. 911 is the plan which is not acceptable. It doesn't work in many cases and needless people have died. Some felt they shouldn't have to have tripods, respirators and rescue equipment. I pointed out the 1910.146 and the ANSI Confined Space Standard require rescue training. Some contractors bring in the local emergency response to look at the manholes for rescue. Others put the employees through annual rescue training. Another hires contractor services for rescue. Perhaps an NEP on confined space is needed?
3. Employee interviews. Many disagree that the foreman couldn't be the employee's representative. They said that is what the employee wants. That runs counter to my 30 years. Not once did I see an employee ask for a manager to be the rep unless it was their dad. I said employees have a right to a private interview with OSHA. If they want a rep, that is their right, but it should be a labor rep not the company manager or company attorney. There is an ethic issue if an attorney reps the company and the employee under attorney-client privilege. The attorneys that were present were polite and disagreed.
4. Nothing Positive. Some of the negative comments was that nothing positive is coming from OSHA and that is some felt it is a police state. I reminded them that 30 years ago there were hundreds of trenching deaths. Now in the Midwest, it is in the single digit. The trenching rules were put in place because it took hundreds of workers to die before it became a law. I mentioned that 3 IL trenching contractors were cited several thousand dollars for REPEATED violations. We are not talking esoteric nitpicking items. this is basic cave-in protection. I think OSHA does need to put up best practices on the webpage for any NEP or LEP sector like trenching.
5. Swing radius on Excavators. Another salty issue that was a surprise to many. I have investigated death and accidents by the excavators and OSHA cites it. Most cone off the area or have devices put on the excavator prevent entry or serve as warning.
There was much venting also because the shutdown means that no one is answering the general phone lines at OSHA. One of the things they miss is getting an answer fairly quickly to a question that they have. My session went over an hour longer than budgeted, but they were engaged and it showed that are passionate about the issues.
1. Partnership. Many in the group are unhappy that OSHA Partnerships are not happening much anymore. They feel that they learned from the interchange with OSHA. I would like to see it increase after the sequestration and shutdown are over. But the partnership must produce a tangible result not make everyone warm and fuzzy. One suggested that if OSHA can't travel to do speeches, that they should have the excavator safety meeting in an OSHA conference room.
2. Confined Space Rescue. Many never practice rescue. 911 is the plan which is not acceptable. It doesn't work in many cases and needless people have died. Some felt they shouldn't have to have tripods, respirators and rescue equipment. I pointed out the 1910.146 and the ANSI Confined Space Standard require rescue training. Some contractors bring in the local emergency response to look at the manholes for rescue. Others put the employees through annual rescue training. Another hires contractor services for rescue. Perhaps an NEP on confined space is needed?
3. Employee interviews. Many disagree that the foreman couldn't be the employee's representative. They said that is what the employee wants. That runs counter to my 30 years. Not once did I see an employee ask for a manager to be the rep unless it was their dad. I said employees have a right to a private interview with OSHA. If they want a rep, that is their right, but it should be a labor rep not the company manager or company attorney. There is an ethic issue if an attorney reps the company and the employee under attorney-client privilege. The attorneys that were present were polite and disagreed.
4. Nothing Positive. Some of the negative comments was that nothing positive is coming from OSHA and that is some felt it is a police state. I reminded them that 30 years ago there were hundreds of trenching deaths. Now in the Midwest, it is in the single digit. The trenching rules were put in place because it took hundreds of workers to die before it became a law. I mentioned that 3 IL trenching contractors were cited several thousand dollars for REPEATED violations. We are not talking esoteric nitpicking items. this is basic cave-in protection. I think OSHA does need to put up best practices on the webpage for any NEP or LEP sector like trenching.
5. Swing radius on Excavators. Another salty issue that was a surprise to many. I have investigated death and accidents by the excavators and OSHA cites it. Most cone off the area or have devices put on the excavator prevent entry or serve as warning.
There was much venting also because the shutdown means that no one is answering the general phone lines at OSHA. One of the things they miss is getting an answer fairly quickly to a question that they have. My session went over an hour longer than budgeted, but they were engaged and it showed that are passionate about the issues.
Sunday, October 6, 2013
September 2013 News
This month powerpoint is on waste water treatment plants. I use it as part of a two day training session on the sector. I find people like reading about accidents in their sector vs. general fatality statistics. Most of these came from news stories and I try to provide the link below.
Thanks to Eric and the Dupage Forest Preserves, Exceeded my 100 people trained in General industry! I am up to 115 trained in the OSHA 10 hour course for General Industry in 2013.
I am noticing the repeat citations constantly, so I will put that designation on the summary violations.
Here is the news for September
1) Congrats to John Bastert for his August 2013 retirement from the IL Consultation program. John did a lot of work with sanitary treatment plants so the ppt is for him.
2) Congrats to Larry John for his promote to the Lansing MI Area office. He was recently a supervisor in the Peoria Area Office.
3) Thanks Matt Stein for “The last MMWR I saw on silica, which was from about 7 years ago, showed rates were reduced by 93% from 1968 to 2002. OSHA, MSHA, and ACGIH are 3 definite reasons reasons for the reduction. Here is the article: http://www.cdc.gov/mmwr/
4) IPAF is sponsoring a webinar, will be holding a live aerial lift safety event in Chicago on Oct. 21-22. View information on this event athttp://www.ipaf.org/en/
5) Congrats to Anthony Touhy Jr. for being selected as Director of the OSHA Training Institute.
6) Harwood Grantee offer free OSHA training. For Example, the Construction Safety Council has free classes in Spanish Call 1-888-595-5972. Here are the 2013 awards for next year. https://www.osha.gov/pls/
7) I had student on my class mention there are some trainers telling them they can unhitch the fall arrest in an ANSI A92.5 aerial lifts once they are at a stationary location. That is incorrect. Workers must always have fall arrest worn in these lifts. Many lifts have been hit by equipment/lose hydraulic and catapult workers out of the lift.
8) ANSI Z359-2007 requires the snaphooks to have 3600 gate strength. There are many old snaphooks out there and they should replace them if there is any chance the gate could be sideloaded in use.
9) Congrats to all the Fairview OSHA office for being upgraded to an Area Office.
10) Tree-service owner charged with manslaughter of a child after 14-year-old fell to his death
Significant OSHA Enforcement Action
September 2013
Penalty State Major Issues
1) $42,120 GA combustible dust, wood builder
2) $51,800 MO Electrical fatality, Steel mfr
3) $53,000 IL Machine guarding, lockout, hot dog mfr
4) $63,490 OH Machine guarding, lockout, shower-tub mfr
5) $185,560 WI Machine guarding, stairs, hazcom, Packaging co.
6) $262,000 IL PSM, Explosion, paint mfr
7) $42,000 NJ Work zone safety, Traffic control,
8) $61,600 OH Amputation bandsaw, packaging company
9) $62,000 GA BBP FTA, Medical facility
10) $83,415 MS Floor hole fall, Oil Mill
11) $48,510 IL Repeat trenching
12) $53,900 NJ Repeat falls, Decking contractor
13) $45,100 TX Repeat Falls, Roofing
14) $75,000 IL Repeat blocking exits, Shelving Manufacturing
15) $199,500 NY Repeat blocked exits, fire safety, Drugstore
16) $336,200 MA Repeat truss bracing violations. Carpentery
17) $67,760 IL Repeat Trenching,
18) $137,400 MO Finger amputation, lockout, glass mfr
19) $75,460 IL Repeat Trenching
20) 119,000 GA Lockout, explosion, power plant
21) $59,000 GA confined space, respirators Marina
22) $69,200 AL Fall protection, working during storms, Steel Erection
23) $81,000. OH Machine guarding winding machines. Plastics mfr
24) $132,800 NE PSM, cold storage warehouse
25) $45,500 NJ Repeat Blocked exits, conveyor guarding, distribution center
26) $249,920 NY Fall Protection, scaffolds, Hirise construction
27) $58,410 NY Fall, Support beam failure, Construction
28) $83,300 TX Confined Space, Tank Cleaner
29) $166,000 TX Lockout, Extruder
30) $61,600 FL Repeat Lockout, Pallet mfr
31) $41,000 NY Bloodborne, Nursing home,
32) $49,500 NJ Exits, machine guarding, Shirtmaker
33) $128,000 NY Exits, bandsaw guarding, PPE, supermarket
34) $175,000 AR Indoor crane, Nuclear plant
35) $88,200 TX Machine guarding, Tank mfr
36) $49,500 WI Styrene, Fiberglass mfr
Friday, September 20, 2013
One Company. Many Deaths. Not on SVEP.
I have a feeling this 2008 report will come back up. "OSHA’s history with Patterson-UTI Drilling Company, one of the worst violators ......................Since 2003, 13 workers have
been killed at Patterson jobsites in the state of Texas alone."
http://www.philaposh.org/pdf/2008KennedyReport.pdf
Patterson UTI is not on the current SVEP list.
"On June 18, 2010, OSHA instituted the Severe Violator Enforcement Program (SVEP) to more effectively focus enforcement efforts on recalcitrant employers" https://www.osha.gov/dep/enforcement/svep_white_paper.pdf
So how many have died since 2003? The OIS is not matching Senator Kennedy's data.
Here is what I found on OIS for patterson deaths.
303675565 02/12/2001 0830500 CO Accident Partial 2999 Patterson Drilling Company
110039393 04/16/2001 0636900 TX Accident Partial 1381 213111 1 Patterson Drilling Company Lp
303405427 05/30/2001 0653510 NM Accident Partial 1381 213111 1 Patterson Uti Drilling Company
304508039 05/29/2002 0626600 TX Accident Partial 1382 1 Patterson Uti Drilling
306204256 11/25/2003 0636900 TX Accident Partial 1381 213111 Patterson Uti Drilling Co.
306207366 07/29/2004 0636900 TX Accident Partial 1381 213111 1 Patterson Drilling - Uti Rig #99
310223805 08/30/2006 0627400 TX Accident Partial 1381 213111 Patterson Uti Drilling Company, Lp
313619629 05/05/2010 0627510 TX Accident Partial 1381 213111 2 Patterson - Uti Drilling Company, Lp
314160847 01/14/2011 0317700 PA Accident Complete 1381 213111 1 Patterson Uti Drilling Co Llc
315510123 07/11/2011 0653510 NM Accident Complete 1381 213111 1 Patterson Uti Drilling Company
190392.015 01/30/2012 0830300 ND Accident Partial 213111 1 Patterson Uti
Here is Senator Kennedy's total's from the report.
In November 2003, a worker was killed – and several others were “exposed to potential injury and/or death”– after being struck by a heavy piece of machinery at a jobsite in Midland, Texas of Patterson-UTI Drilling Company, which is headquartered in Snyder TX. The Inspector issued three serious citations and assessed $21,000 in penalties. However, after the employer contested the citations, OSHA supervisors settled the case by deleting three of the four violations and reducing total penalties to $7,000, a cut of 66%.
The employer was designated as an EEP target, but no followup inspections were conducted at the
Midland jobsite or other Patterson jobsites in Texas between this inspection at the February fatality in Sundown.
Just three weeks later, another worker was killed at a Patterson jobsite in Ponder, TX. No penalties were issued by the inspector.
On January 16, 2004, a worker was killed at a Patterson jobsite in Canadian, TX. The inspector issued a serious citation and penalties of $4,900. After Patterson contested the violations, however, OSHA dropped the citations and penalties completely.
In February 2004, a worker was killed at a Patterson jobsite in Sundown, Texas. The inspector noted that “employees … were exposed to hazards associated with falls from heights of approximately 90 feet and resultant bodily impact with objects located at ground level, created by the improper installation of the Geronimo escape device.” The inspector issued five serious violations and assessed $13,500 in penalties.
Again, the company contested the citations and OSHA settled the case, reducing the total penalties to $8,500, a 37% cut.
The employer was again targeted under the EEP program, but no EEP followup inspections were
conducted either at the Sundown jobsite or other Patterson jobsites in Texas between this inspection and the July fatality in Rhome. OSHA conducted a planned inspection at a site in Wellman, TX in April, but OSHA records show no connection to EEP.
In July 2004, a worker was killed at a Patterson jobsite in Rhome, Texas. The inspector assessed $5,000 in penalties, which OSHA reduced to $4,000 in a settlement after the company contested the citations.
On April 20, 2005, a worker was killed at a Patterson jobsite in Decatur, Texas. The inspector issued two repeat and one serious citations and assessed total penalties of $75,000. However, in settling the case, OSHA supervisors deleted one serious and one repeat citation and cut total penalties by 54% to $35,000. Patterson was cited for identical safety violations in a August 2004 fatality in Oklahoma.
In January 2006, a worker was electrocuted and killed at a Patterson jobsite in Pierce, Texas. The inspector issued five serious citations and assessed penalties of $25,000. Again, Patterson contested the citations, and again in a formal settlement OSHA massively cut total penalties by 80% to $5,000. Patterson was cited for an identical safety violations in a November 2005 fatality in Colorado.
The employer was again targeted under the EEP program. OSHA records show that a programmed
inspection (not a followup through EEP) was conducted a few days after the fatality. It is unclear whether this inspection was part of the fatality investigation, or a separate programmed inspection. After this inspection, the inspector issued nine serious and two repeat violations and assessed $85,000 in penalties.
The company again contested the citations, and again OSHA massively cut the inspector’s penalties, deleting both repeat citations, one serious citation, and cutting total penalties 82% to $15,000.
In June 2006, a worker was killed and another seriously injured at a Patterson jobsite in Zapata, TX. The employee was killed by pressurized mud and gas ejected from a pipe. The inspector issued five serious citations, two repeat citations, and two other than serious citations and assessed total penalties of $35,500.
Again, Patterson contested the citations, and again OSHA supervisors reduced the penalties in a formal settlement by 72% to $10,000 and deleted one serious and one repeat citations. While the inspection is designated EEP on OSHA’s public website, it is not listed in the EEP log maintained by the National Office (see e.g. CPL 02-00-145).
In July 2006, two workers were killed at a Patterson jobsite in Kermit, TX from fatal falls. The inspector issued three serious and six other than serious citations and assessed total penalties of $8,000. Again, Patterson
contested the citations, and again OSHA supervisors reduced the penalties in a formal settlement to $2,250, a 72% cut. OSHA also deleted one serious and four other than serious citations. While the inspection is designated EEP on OSHA’s public website, it is not listed in the EEP log maintained by the National Office (see e.g. CPL 02-00-145).
On August 30, another worker was killed at the Kermit TX Patterson jobsite when a manlift machine caught the leg of the worker and ran over him. No safety penalties were assessed. The next day, a worker was killed at another Patterson jobsite in Zapata TX. The inspector issued seven serious
citations, two repeat citations and seven other-than-serious citation and assessed $57,500 in fines. In the repeat citation, the inspector notes that workers were “exposed to a fall hazard due to the improper installation of the Geronimo emergency escape device” and that this exact violation was previously cited “on 08/11/2004.” Patterson had also been previously cited for identical safety violations in the June 2006 and February 2004 fatality investigations.
The company contested the citations, and OSHA supervisors have agreed to reduce the penalties on some violations by 35%. The contest of the largest penalty amounts – including the repeat citations – has been pending for more than a year. While the inspection is designated EEP on OSHA’s public website, it is not listed in the EEP log maintained by the National Office (see e.g. CPL 02-00-145)
In April 2007, a worker was killed at a Patterson jobsite in Floydada, Texas. The inspector reported that the employer, in repairing broken drill machinery, ordered too few men to work on moving a large piece of equipment. As a result, the men lost control of the equipment and the victim was pulled into operating machinery. “The victim was cut into two pieces and was pronounced dead by the justice of the peace.” Patterson was cited for identical safety violations in the June, July and August 2006 fatality investigations. The inspector issued two serious citations and two repeat citations and assessed total penalties of $23,083. Again, Patterson contested the citations, and again OSHA reduced the penalties in a formal settlement by 49% to $11,792. OSHA also deleted one of the serious citations. The employer was again targeted under the EEP program, but no followup inspection was conducted.
been killed at Patterson jobsites in the state of Texas alone."
http://www.philaposh.org/pdf/2008KennedyReport.pdf
Patterson UTI is not on the current SVEP list.
"On June 18, 2010, OSHA instituted the Severe Violator Enforcement Program (SVEP) to more effectively focus enforcement efforts on recalcitrant employers" https://www.osha.gov/dep/enforcement/svep_white_paper.pdf
So how many have died since 2003? The OIS is not matching Senator Kennedy's data.
Here is what I found on OIS for patterson deaths.
303675565 02/12/2001 0830500 CO Accident Partial 2999 Patterson Drilling Company
110039393 04/16/2001 0636900 TX Accident Partial 1381 213111 1 Patterson Drilling Company Lp
303405427 05/30/2001 0653510 NM Accident Partial 1381 213111 1 Patterson Uti Drilling Company
304508039 05/29/2002 0626600 TX Accident Partial 1382 1 Patterson Uti Drilling
306204256 11/25/2003 0636900 TX Accident Partial 1381 213111 Patterson Uti Drilling Co.
306207366 07/29/2004 0636900 TX Accident Partial 1381 213111 1 Patterson Drilling - Uti Rig #99
310223805 08/30/2006 0627400 TX Accident Partial 1381 213111 Patterson Uti Drilling Company, Lp
313619629 05/05/2010 0627510 TX Accident Partial 1381 213111 2 Patterson - Uti Drilling Company, Lp
314160847 01/14/2011 0317700 PA Accident Complete 1381 213111 1 Patterson Uti Drilling Co Llc
315510123 07/11/2011 0653510 NM Accident Complete 1381 213111 1 Patterson Uti Drilling Company
190392.015 01/30/2012 0830300 ND Accident Partial 213111 1 Patterson Uti
Here is Senator Kennedy's total's from the report.
In November 2003, a worker was killed – and several others were “exposed to potential injury and/or death”– after being struck by a heavy piece of machinery at a jobsite in Midland, Texas of Patterson-UTI Drilling Company, which is headquartered in Snyder TX. The Inspector issued three serious citations and assessed $21,000 in penalties. However, after the employer contested the citations, OSHA supervisors settled the case by deleting three of the four violations and reducing total penalties to $7,000, a cut of 66%.
The employer was designated as an EEP target, but no followup inspections were conducted at the
Midland jobsite or other Patterson jobsites in Texas between this inspection at the February fatality in Sundown.
Just three weeks later, another worker was killed at a Patterson jobsite in Ponder, TX. No penalties were issued by the inspector.
On January 16, 2004, a worker was killed at a Patterson jobsite in Canadian, TX. The inspector issued a serious citation and penalties of $4,900. After Patterson contested the violations, however, OSHA dropped the citations and penalties completely.
In February 2004, a worker was killed at a Patterson jobsite in Sundown, Texas. The inspector noted that “employees … were exposed to hazards associated with falls from heights of approximately 90 feet and resultant bodily impact with objects located at ground level, created by the improper installation of the Geronimo escape device.” The inspector issued five serious violations and assessed $13,500 in penalties.
Again, the company contested the citations and OSHA settled the case, reducing the total penalties to $8,500, a 37% cut.
The employer was again targeted under the EEP program, but no EEP followup inspections were
conducted either at the Sundown jobsite or other Patterson jobsites in Texas between this inspection and the July fatality in Rhome. OSHA conducted a planned inspection at a site in Wellman, TX in April, but OSHA records show no connection to EEP.
In July 2004, a worker was killed at a Patterson jobsite in Rhome, Texas. The inspector assessed $5,000 in penalties, which OSHA reduced to $4,000 in a settlement after the company contested the citations.
On April 20, 2005, a worker was killed at a Patterson jobsite in Decatur, Texas. The inspector issued two repeat and one serious citations and assessed total penalties of $75,000. However, in settling the case, OSHA supervisors deleted one serious and one repeat citation and cut total penalties by 54% to $35,000. Patterson was cited for identical safety violations in a August 2004 fatality in Oklahoma.
In January 2006, a worker was electrocuted and killed at a Patterson jobsite in Pierce, Texas. The inspector issued five serious citations and assessed penalties of $25,000. Again, Patterson contested the citations, and again in a formal settlement OSHA massively cut total penalties by 80% to $5,000. Patterson was cited for an identical safety violations in a November 2005 fatality in Colorado.
The employer was again targeted under the EEP program. OSHA records show that a programmed
inspection (not a followup through EEP) was conducted a few days after the fatality. It is unclear whether this inspection was part of the fatality investigation, or a separate programmed inspection. After this inspection, the inspector issued nine serious and two repeat violations and assessed $85,000 in penalties.
The company again contested the citations, and again OSHA massively cut the inspector’s penalties, deleting both repeat citations, one serious citation, and cutting total penalties 82% to $15,000.
In June 2006, a worker was killed and another seriously injured at a Patterson jobsite in Zapata, TX. The employee was killed by pressurized mud and gas ejected from a pipe. The inspector issued five serious citations, two repeat citations, and two other than serious citations and assessed total penalties of $35,500.
Again, Patterson contested the citations, and again OSHA supervisors reduced the penalties in a formal settlement by 72% to $10,000 and deleted one serious and one repeat citations. While the inspection is designated EEP on OSHA’s public website, it is not listed in the EEP log maintained by the National Office (see e.g. CPL 02-00-145).
In July 2006, two workers were killed at a Patterson jobsite in Kermit, TX from fatal falls. The inspector issued three serious and six other than serious citations and assessed total penalties of $8,000. Again, Patterson
contested the citations, and again OSHA supervisors reduced the penalties in a formal settlement to $2,250, a 72% cut. OSHA also deleted one serious and four other than serious citations. While the inspection is designated EEP on OSHA’s public website, it is not listed in the EEP log maintained by the National Office (see e.g. CPL 02-00-145).
On August 30, another worker was killed at the Kermit TX Patterson jobsite when a manlift machine caught the leg of the worker and ran over him. No safety penalties were assessed. The next day, a worker was killed at another Patterson jobsite in Zapata TX. The inspector issued seven serious
citations, two repeat citations and seven other-than-serious citation and assessed $57,500 in fines. In the repeat citation, the inspector notes that workers were “exposed to a fall hazard due to the improper installation of the Geronimo emergency escape device” and that this exact violation was previously cited “on 08/11/2004.” Patterson had also been previously cited for identical safety violations in the June 2006 and February 2004 fatality investigations.
The company contested the citations, and OSHA supervisors have agreed to reduce the penalties on some violations by 35%. The contest of the largest penalty amounts – including the repeat citations – has been pending for more than a year. While the inspection is designated EEP on OSHA’s public website, it is not listed in the EEP log maintained by the National Office (see e.g. CPL 02-00-145)
In April 2007, a worker was killed at a Patterson jobsite in Floydada, Texas. The inspector reported that the employer, in repairing broken drill machinery, ordered too few men to work on moving a large piece of equipment. As a result, the men lost control of the equipment and the victim was pulled into operating machinery. “The victim was cut into two pieces and was pronounced dead by the justice of the peace.” Patterson was cited for identical safety violations in the June, July and August 2006 fatality investigations. The inspector issued two serious citations and two repeat citations and assessed total penalties of $23,083. Again, Patterson contested the citations, and again OSHA reduced the penalties in a formal settlement by 49% to $11,792. OSHA also deleted one of the serious citations. The employer was again targeted under the EEP program, but no followup inspection was conducted.
Wednesday, September 18, 2013
I got to train 33 people and 6 companies in lockout today in two sessions.
I think people teach it wrong. Too much focus is on the standard and word slides vs. giving them problems to solve or showing how good companies lockout. The adults like working backwards from an accident and seeing how it is a fine line from lockout and machine guarding. I think some of these amputations are a catalyst for bankruptcies. Between the comp cost to reattach fingers, future insurance cost increases, and third party lawsuits, many companies cease operation. And the fully guarded lathe always gets them talking.
Monday, September 9, 2013
The employer will counter with six predictable defenses.
The CSHO must prove the elements of a violation.
- A standard is applicable
- The Employee exposure is within 6 months or on going
- The Hazard can cause death of serious physical harm
and - the employer had knowledge of the condition
The employer will counter with six predictable defenses.
1. The employee was exposed and the employer had no reason to believe that the exposure would occur. A photo of the hazard is one step. The other is the interview or proof that the employer know that the employee would be near the hazard. This can be done via an interview, signed statement or deposition. Many fatalities have this defense come up. I call it the head in the sand defense.
2. The employee violated the safety rule and exposed himself to a hazard. This requires the CSHO to get proof of the employer's written safety rule, proof the that training in the rule took place, the past audits, and the employer's discipline program. Very common with the employee not wearing PPE.
3. The violation just occurred unknownst to the employer. This requires the CSHO to get proof of the conditions' duration via interviews. Very common on fall protection citations. Someone guard took off the cover or guardrails.
4. The employer was in the midst of getting the hazard fixed. Again interviews are necessary to establish what the employer knew of the hazards and a timeline of the action to fix the hazard. Common in trenching and and housekeeping.
5. The abatement will create a hazard equal or greater than the cited condition. This is requires the CSHO to know how long it would take to to fix the cited condition and whether there is a longer employee exposure to the condition. Used on roofs by Dish TV installers.
6. The condition is impossible to fix. I see this come up where there is no OSHA anchorage for the employee to tie off onto and certain machine guarding issues.
Saturday, September 7, 2013
Is Packaging Corporation the most unsafe place to work in the USA?
"five people have been killed in industrial accidents since 2008"
"Past explosions arising from similar hazards by this employer have led to tragic incidents," Robert Bonack, OSHA's Appleton-area director, said in a statement. "
No indication if put on the SVEP list. Maybe OSHA should list the top 10 companies with the most deaths since 2000.
Here is the OSHA Press Release
https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=NEWS_RELEASES&p_id=24729
"Past explosions arising from similar hazards by this employer have led to tragic incidents," Robert Bonack, OSHA's Appleton-area director, said in a statement. "
No indication if put on the SVEP list. Maybe OSHA should list the top 10 companies with the most deaths since 2000.
Here is the OSHA Press Release
https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=NEWS_RELEASES&p_id=24729
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