Monday, October 3, 2016

September 2016 OSHA News

Hello,

I found that September was a blur and passed by quickly.

I had fun meeting several people at the ASSE conference in Naperville. It is always good to catch up with what everyone is doing. I was surprised that many came for OSHA recordkeeping. I had 23 people take the 4.5 hour session.

I taught Prevention through Design to the NIU industrial engineering students for two hours on September 16, 2016. It is go to see the students can think outside the box and solve difficult problems.

I was glad to teach three days of construction safety for Illinois OSHA. It is good to see them hire some people to protect the public sector. 

This month’s PowerPoint is a popular one that I teach after lunch. I put in 3M 8mm Security Film on my windows of my car. I encourage my clients to do elsewise since Chicago has had so many shot. 

John Newquist

Here is the news for September 2016

1) OSHA awards $10.5M in workplace safety and health training grants to 77 organizations to help protect high-risk workers
https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=NEWS_RELEASES&p_id=33108

2) OSHA Assistant Secretary Dr. David Michaels appointed Dean McKenzie as the new director of the agency's Directorate of Construction. McKenzie has been with OSHA for seven years including serving as deputy director of DOC.

3) OSHA changed the press release threshold to $60,000 per OSHA that I have spoken with to this month. The old $40,000 threshold was triggering too many press releases.

4) OSHA said that they are seeing many employers with machines that they have cited years before in the company history and now it is a source of a complaint or an amputation. Repeat is 5 years. Willful can be forever if the same management is there.

5) I want to thank Mark Lies for keeping up on the drug testing issue. Key date to watch is November 1 2016.
Section 1904.35(b)(1)(iv) of the final rules prohibits an employer from discharging or discriminating against an employee for reporting a work-related injury or illness. OSHA’s Preamble to the Final Rule interprets the regulation broadly to prohibit any “adverse action that could well dissuade a reasonable employee from reporting a work-related injury or illness.” OSHA applies the prohibition to any “blanket post-injury drug testing policies deter proper reporting,” concluding that drug-testing alone constitutes an “adverse employment action.” OSHA instructs employers to “limit post-incident testing to situations in which employee drug use is likely to have contributed to the incident, and for which the drug test can accurately identify impairment caused by drug use.” OSHA explains with examples: it “would likely not be reasonable to drug test an employee who reports a bee sting, a repetitive strain injury, or an injury caused by a lack of machine guarding or a machine or tool malfunction.”
I posted his Management alert at http://www.slideshare.net/johnanewquist/osha-drug-testing?qid=4b574d49-82fe-47f4-a73e-cfafc5892c9e&v=&b=&from_search=2

6) OSHA loses PSM expansion case.
http://www.agri-pulse.com/uploaded/ARAOSHAPSMCase92316.pdf

7) OSHA in IL is swamped with amputations. They are trying to inspect many, but having a response that prevents future occurrences in important.

8) OSHA has a twitter feed at
https://twitter.com/OSHA_DOL

9) Many forklift companies are not allowing people to be lifted despite buying a commercial platform. Use an aerial lift.

10) Conveyors account for over 1200 injuries, amputations and deaths since 2000.
The top five issues are
-           Unguarded Belt and Pulley. https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=NEWS_RELEASES&p_id=26856
-           Caught in shaft or drive roller - http://djournal.com/itawamba/2014/10/14/osha-cites-fines-graham-lumber-april-death/
-           Lockout - http://www.safetynewsalert.com/almost-half-million-dollars-in-fines-for-conveyor-death/
https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=NEWS_RELEASES&p_id=14397
-           Falls http://www.businessinsurance.com/article/20160802/NEWS08/160809960
-           Struck by falling object
Sample General Duty Citations
-           Section 5(a)(1) of the Occupational Safety and Health Act of 1970: The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm in that employees were exposed to: Slips and falls while working/walking on corrugator's exit discharge roller conveyor in the dunnage area. Among other methods, a feasible abatement method to correct this hazard is to comply with The American Society of Mechanical Engineers (ASME) B20.1-2009, Safety Standard for Conveyors and Related Equipment. Section 6.11.1, Roller and Wheel Conveyors references installing tread plates between the rollers to provide a stable walking and working surface
-           Section 5(a)(1) of the Occupational Safety and Health Act of 1970: The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees were exposed to caught-by hazards: a) Blancher - Employees cleaning the Blancher were exposed to caught-in hazards from a remotely controlled conveyor not furnished with emergency stop pull cords, on or about November 10th, 2015.

OSHA Citations this month
Penalty State Major Issues Business
1) $218,502 NY Electrical, Machine Guarding, Respirators. Auto parts mgr.
2) $139,675 FL Willful residential falls. Nome Builder
3) $152,435 VT 15 Serious Lab Safety std. Laboratory.
4) $128,077 FL Willful rood fall. Roofing contractor.
5) $44,095 OH Residential falls. Homebuilder.
6) $113,486 TX Willful cave in – Trenching contractor.
7) $97,988. MO Will blocked exits. Retailer.
8) $218,244 OH Hand amputation mold machine. Foundry.
9) $113,131 OH Willful falls. Steel Plant
10) $94,064 OH Willful Roofing falls. Exterior contractor.
11) $411,540 NE Willful grain death. Grain Mill.
12) $704,610 GA 12 repeats Lockout, machine guarding, electrical. Auto parts mfg.
13) $256,545 OH Willful confined space. Plating company.
14) $199,107 FL Willful roof fall. Roofer.
15) $193,053 NJ Willful Falls. General Contractor.
16) $317,477 PA Thumb amputation. Mixer. Willful Guarding. Poulty processor.
17) $338,881 IL Willful forklift. Cargo handlers. Airport.
18) $88,632 MS Lockout, Machine guarding. Conveyor amputation. Food processing.
19) $156,772 OH Willful blocked exits. Retailer.
20) $87,297 MO repeat fire extinguishers. Postal.
21) $119,597 MA Willful trench fatal. Heavy construction.
22) $86,225 IL Repeat falls. Meat processor.
23) $143,576  WI Willful lead. Explosives manufacturer
24) $61,731 CO Willful residential roof fall. Roofer.
25) $152,145 FL Willful residential falls. Carpenter,
26) $62,355 MA Tire explosion. Truck Repair.
27) $212,629 FL Willful Falls. Roofer.
28) $155,139 TX Fail to abate machine guarding. Machine rebuilder.
29) $178,134 MA 20 PSM serious. Ammonia., Food mfr.


Large Work Payouts
1) 4 plaintiffs awarded $13.6M in Geismar plant explosion case
http://www.nola.com/traffic/index.ssf/2016/09/4_plaintiffs_awarded_136m_in_g.html

2) Railroad worker gets $7.5 for work cancer.
http://madisonrecord.com/stories/511013844-madison-county-jury-awards-railroad-worker-who-developed-cancer-7-5m-plaintiff-attorney-called-defense-arguments-dog-and-pony-show

3) $6 million for worker hurt when rear ended.
http://madisonrecord.com/stories/511012066-st-clair-county-jury-awards-construction-worker-6m-second-plaintiff-settled-case-before-closing-arguments-for-less-significant-sum


Major News stories
1) Vietnam vet who fell into kettle of hot tar dies
http://www.kmov.com/story/32843781/vietnam-vet-falls-into-kettle-with-hot-tar-fighting-for-life

2) Lightning strike worker in FL.
http://www.nbcmiami.com/news/local/Worker-Struck-by-Lightning-on-Northwest-Miami-Dade-Building-394171441.html?_osource=SocialFlowTwt_MIBrand

2016 Safety Training at Non-Profits
CSC 30 Hour construction     Oct 24, 6, 11, 13
CSC 10 Hour construction     Upon Request
CSC OSHA 500                     In Nov
CSC OSHA 510                     Oct 3-6
CSC Excavation Safety          Oct 25
CSC Recordkeeping               Upon Request
CSC Incident investigation    Upon Request
CSC Crane Signal Rigging     Upon Request
CSC Confined Space              Oct 27
CSC GHS/Health hazards      Upon Request
CSC Fall Protection                Oct 26
CSC Work Zone MUTCD      Upon Request
CSC Job Hazard Analysis      Upon Request
CSC Machine Guarding         Upon Request
CSC Emergency Planning      Upon Request
CSC Scaffold             Upon Request
CSC Health Hazards              Upon Request


NIU is Northern Illinois University OSHA Education Center http://www.nsec.niu.edu/nsec/
CSC is the Construction Safety Council in Hillside. Www.Buildsafe.org
WDCC is the Western Dupage Chamber of Commerce http://www.westerndupagechamber.com/
TRMA is Three Rivers Manufacturers Association    www.trma.org

I usually teach only part of the 30 hour and the 500 series.   I have taught 2663 people this year. I teach evenings and weekends too   

All presentation are put on slideshare.net for free downloading. I put the presentation on Slideshare at this link.
http://www.slideshare.net/johnanewquist/safety-for-drivers


I use your feedback to make corrections