Saturday, September 7, 2013

August 2013 OSHA News Summary

Here is the news for August. I email this out with a ppt at the end of every month. I will try to post this the first weekend after I send it out. The Ppts are on my slideshare. If you want to get the email, just let me know at johnanewquist@gmail.com.  

Date: Fri, 30 Aug 2013 12:37:08 -0500
Subject: It is September and have an NFPA 70E update
This month powerpoint is pdf on the proposed 2015 NFPA 70E changes. I thought it very informative when I went to the NFPA National Conference. It will affect many in general industry and construction. Arc Flash training is popular topic so I recommend all maintenance workers get training on the topic. 
I went to the Farm Progress show and worked the Grain Safety Coalition booth for one day. I made a Safe or Not Safe Handout for the young farmers, I included a copy for you. I am glad to meet several companies that have tackled the sweep auger issue and bin entry. This placard is used by the Grain Safety coalition and many companies. http://www.dol.gov/_sec/newsletter/images/20130620-stop-full.jpg
I am up to 83 trained in the OSHA 10 hour course for General Industry in 2013 with a whopping 30 trained this month! Thanks to all that responded. September looks good for several more. Nonprofits, unions, and municipalities are free until I reach 100.  
Stay cool in the heat wave!
John Newquist

1) Here is a good hazard recognition ppt for suspended scaffolding from NY.  http://www.nyc.gov/html/dob/downloads/ppt/safe_scaffold_operations.pdf I am finding pictures of correct setup to be difficult to find. Please send me photos of safe suspended scaffold tiebacks, and anchorages. 

2) There was a loss for OSHA in court under the foreman misconduct issue. Highlight: The rogue supervisor was the exposed and only employee to the hazard. The decision reads "knowledge of supervisory employees are correctly imputed to their employer…However, “a different situation is presented” when the misconduct is the supervisor’s own.  In that situation, the employer has no “eyes and ears.” It is, figuratively speaking, blind and deaf. To impute knowledge in this situation would be fundamentally unfair...In sum, we hold that if the Secretary seeks to establish that an employer had knowledge of misconduct by a supervisor, she must do more than merely point to the misconduct itself. To meet her prima facie burden, she must put forth evidence independent of the misconduct. This could be done, for example, with evidence of lax safety standards. But, the Secretary is the one who must provide such evidence. http://www.ca11.uscourts.gov/opinions/ops/201210275.pdf

3) The Walmart Corporate settlement agreement from the recent Rochester case is unique. 
“Respondent will arrange, at respondent's cost, for independent third-party 
monitor(s) to conduct monitoring of Covered Worksites in order to assess compliance with the abatement requirements set forth in this Section 6. While respondent intends to have audits conducted at all of its Covered Worksites, at least 80% of respondent's Covered Worksites will be audited every 4 months during the term of this Agreement. The on-site audits by the monitor(s) will include in-store observations of relevant equipment and work procedures, including confirming that the trash compactor interlock devices are functioning properly; review of relevant records, including records relating to training not previously reviewed; and interviews with relevant store personnel as appropriate. The monitor(s) will document their findings for each audit, and will compile written reports summarizing their findings, including findings specific to each Covered Worksite audited, no less than once every four months.”https://www.osha.gov/CWSA/walmart2013.html

4) OSHA has put all Corporate Settlement Agreements on their web page too. https://www.osha.gov/pls/oshaweb/owasrch.search_form?p_doc_type=CWSA&p_toc_level=0

5) Some good design sites from NIOSH. 
(a)    NIOSH:  Prevention Through Design - Structural Steel Design - Instructor's Manual
(b)    NIOSH:  Prevention Through Design - Reinforced Concrete Design - Instructor's Manual
(c)    NIOSH:  Prevention Through Design - Mechanical-Electrical Systems - Instructor's Manual

6) I am seeing many wear the wrong PPE for arc flash. Here is an easy chart for the class of protection. http://www.cedomaha.com/wp-content/uploads/2012/01/PPEchart.pdf\

7) Maryland OSHA has a new standard for tree workers that became effective one year ago:  http://dllr.maryland.gov/labor/standards/sn12-4.shtml

8) OSHA announces proposed silica rule.  OSHA estimates that the proposed rule would save nearly 700 lives per year and prevent 1,600 new cases of silicosis annually, once the full effects of the rule are realized.   http://www.dol.gov/opa/media/press/osha/OSHA20131767.htm

9) Cheers to the hard working OSHA leaders, CSHOs, and all Safety/Health Professionals that help set a new record of 3.2 fatalities per 100,000 workers. The early 2000-2007 had flat lined for years at ~4.0/100,000. This means an extra 700 workers came home last year vs. 2005. http://www.bls.gov/news.release/pdf/cfoi.pdf
10) I am seeing a few flash fires involving the lack of bonding and grounding when dispensing flammable liquids. Here is a good site showing the proper method. http://www.grainger.com/Grainger/static/bonding-grounding-255.html

Significant OSHA Enforcement Action 
August 2013
Penalty State Major Issues
1) $58,800 CT Machine Guarding, electrical, chemical. Health care. 
2) $293,450 Guam Electrical, falls, respirators, Shipyard
3) $235,800 IL PPE, Respirators, Welding, Forklift mfr 
4) $45,500 NE Combustible Dust, Falls, Grain Elevator
5) $66,900 TX Amputations, Food mfr
6) $188,300  OH Lead, GHS, Machine shop
7) $117,500 AL Amputations, lockout, machine guarding, Steel mfr.
8) $1,140,000 OH Fall protection, cranes, Steel mrg. 
9) $77,000 MT Arc Flash, refinery
10) $251,330 HI Blocked exits, Refrigerated Warehouses
11) $143,000 TX Machine guarding, forklifts, combustible dust, Oil and Gas Mfr
12) $148,400  TX Machine guarding, lockout, combustible dust, Wood Mfr 
13) $87,260 PA Lockout, Amputation, chocolate candy mfr
14) $127,400 GA Lockout, Auger, Grain Elevator
15) $43,890 NY Exit access, apparel chain
16) $50,000 NY Conveyor amputation, concrete block mfr
17) $161,000  MO explosion, restaurant chain, and directional boring company
18) $99,000 TX Combustible dust, cabinet mfr. 
19) $58,500 OH Lockout, machine guarding, vinyl parts mfr 
20) $46,000 TX PPE, lockout, Health Care Facility, 
21) $69,244  NY Fire safety, lockout, noise, Fiberglass panel mfr. 
22) $57,400  NY Noise, GHS, window mfr  
23) $48,000  PA PPE, lead, Pipefitting mfr, 
24) $58,100  TX PSM, Salt mfr
25) $44,005  TX PSM, Ammonia, Candy mfr
26) $39,000 WV PPE, Tree safety, Logging Co.
27) $46,970 GA Combustible dust, lumber mfr
28) $49,000 TX Grain confined space death, Corn mill
29) $80,025 OH Machine guarding, presses, Concrete products mfr
30) $317,000 IL Machine guarding fatality, lockout, Laser cutting mfr
31) $46,250 GA Chlorine, Bio Laboratory
32) $147,400 NY PSM, ice mfr
33) $150,700 OH Exits blocked, flammables not bonded-grounded, Hardware Chain
34) $54,000 TX Combustible dust, Materials mfr
35) $96,000 TX Lockout fatality, water theme park, 
36) $65,000 OH Machine Guarding, erosion control mfr, 
37) $259,000  NJ Lockout, housekeeping, Food distribution warehouse
38) $50,000 OH Lockout, woof furniture mfr. 



Large Work Payouts



3) N.Y. Jury Awards $3 Million to Asbestos Plaintiffs; Assesses 35 Percent Liability to Crane Co. http://harrismartin.com/article/16608/ny-jury-awards-3-million-to-asbestos-plaintiffs-assesses-35-percent-liability-to-crane-co/



Summary of the Major News Stories 

1) Grain engulfment is currently the leading cause of death inside grain bins, and OSHA reports the number of incidents has increased, doubling between 2006 and 2010.  http://www.ethanolproducer.com/articles/10146/seconds-to-react

Are School Campuses the most unsafe place for a construction worker? Here are just some of the recent accidents.

2) Worker killed at TCU 

3) Workers hurt at Texas A&M 

4) Worker Killed at Berkley School 


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