Thursday, November 1, 2018

October 2018 OSHA News

OSHA News for October 2018
Hello, 
I renewed my OSHA 502 trainer card at the Construction Safety Council. There were 17 of us and it was like attending a professional conference. John Dimos, Bryan Steber, and Paul Satti let people teach from their strength. I learned many new things from the top companies and trainers in the Midwest.  This month’s powerpoint is the hot works presentation that I gave in the class.
I am noticing that Cal-OSHA is citing more dollars on bigger inspections. Usually They only have one in a month on the citation list.
The top cited items are the same for the first 9. PPE made it to #10 and knocked out electrical items.  The list is included in the back.
Enjoy Thanksgiving and I hope everyone can put aside work and relax. See you in December.
John

OSHA News. 
1) Harwood Grants for 2019
https://www.osha.gov/dte/sharwood/FY_2018_Susan_Harwood_Grant_Awardees_Abstracts.pdf
2) Fertilizer Handling Is New OSHA Priority
https://www.findlayallhazards.com/blog/fertilizer-handling-is-new-osha-priority
3) OSHA looking at more trenches. According to the NEP directive, there were 130 fatalities recorded in trenching and excavation operations between 2011 and 2016. The private construction industry accounted for 80 percent, or 104, of those fatalities.
“An alarming 49 percent of those construction fatalities occurred between 2015 and 2016,” says OSHA.
https://ehsdailyadvisor.blr.com/2018/10/osha-inspectors-are-focusing-on-excavations/
4) Appeals court rules OSHA poultry emphasis program does not allow expansion of inspections.
Federal worker safety investigators can’t broaden the scope of injury-related inspections to include hazards they didn’t originally check for at a site, under a new appeals court ruling.
https://news.bloombergenvironment.com/safety/appeals-court-rejects-osha-effort-to-widen-injury-inspection-2
5) In addition, most instances of workplace drug testing are permissible under § 1904.35(b)(1)(iv). Examples of permissible drug testing include:
•            Random drug testing.
•            Drug testing unrelated to the reporting of a work-related injury or illness.
•            Drug testing under a state workers’ compensation law.
•            Drug testing under other federal law, such as a U.S. Department of Transportation rule.
•            Drug testing to evaluate the root cause of a workplace incident that harmed or could have harmed employees.  If the employer chooses to use drug testing to investigate the incident, the employer should test all employees whose conduct could have contributed to the incident, not just employees who reported injuries.
https://www.osha.gov/laws-regs/standardinterpretations/2018-10-11
6) OSHA will use 2016 Form 300A data – which employers submitted last December – to target specific worksites for comprehensive, programmed inspections.
https://www.natlawreview.com/article/osha-announces-anticipated-site-specific-targeting-program-based-electronic
7) Updates to OSHA’s Crane Operator Qualification in Construction Standard have moved to the final rule stage and are undergoing mandatory OIRA review. The agency is expected to issue the final rule in November.
https://www.safetyandhealthmagazine.com/articles/17588-few-changes-for-osha-msha-in-fall-regulatory-agenda
8) The Aurora Office is running. The address is:
1771 W. Diehl Road – Suite 210
Naperville, IL   60563
Main Office: 630-300-7100
9) A federal grand jury in the Northern District of Ohio has indicted two managers at Extrudex Aluminum Inc. in Ohio for conspiracy to obstruct justice during a 2012 workplace fatality investigation by the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA).
https://www.dol.gov/newsroom/releases/osha/osha20181031-0
Other Major News Stories.
1) Court Upholds Verdict Ordering $109M Payout By ConAgra to Jacobs
https://www.enr.com/articles/45193-court-upholds-verdict-ordering-108m-payout-by-conagra-to-jacobs
2) Two dead in trench in WY
https://buckrail.com/two-men-buried-killed-in-trench-collapse/
3) The Aurora OSHA office new address is 1771 W. Deihl Rd, Sute 210, aperville, IL 60563. The new phone is 630-300-7100.
4) Two electrocuted in FL when concrete pumper hit power lines. 10 feet away is the minumum.
https://www.orlandosentinel.com/news/breaking-news/os-ne-workers-electrocuted-20181008-story.html
5) IL ranked #22 highest worker comp.
https://www.oregon.gov/dcbs/reports/Documents/general/prem-sum/18-2082.pdf
OSHA Citations this month
OK         1311373.015      Mar-K Specialized Manufacturing, Inc.    OKLAHOMA CITY      10/15/2018        $84,073.00 Fall protection, Portable fire extinguishers, Machine guarding
 CA         1313811.015      Mountanos Brothers Coffee Co. PETALUMA              10/12/2018        $40,825.00 [no violations linked]
CA         1322693.015      Electro-Coatings of California, Inc.           BERKELEY              10/12/2018        $50,945.00 [no violations linked]
KS          1310119.015      CreekStone Farms Premium Beef LLC      ARKANSAS CITY      10/12/2018        $140,428.00 Highly hazardous chemicals, Hazardous waste emergency response
PA          1334712.015      Orefield Cold Storage & Distribution Center, Inc.              OREFIELD           10/12/2018        $45,872.00 Highly hazardous chemicals, Lockout/Tagout, Secure storage of materials
MA        1312422.015      Joseph's Gourmet Pasta Company           HAVERHILL              10/12/2018        $64,670.00 Lockout/Tagout
NC         1310253.015      Korolos Three, Inc.          CHARLOTTE       10/12/2018              $56,000.00 [no violations linked]
CA         1318480.015      Pitman Family Farms      HANFORD          10/11/2018              $42,960.00 [no violations linked]
NC         1347707.015      Shoe Show, Inc. CONCORD          10/11/2018              $40,050.00 [no violations linked]
FL           1308863.015      Kasper Roofing & Construction, Inc.        MAITLAND              10/11/2018        $134,510.00 Fall protection (training), Fall protection systems (duty to provide), Accident prevention (inspections)
CT          1326689.015      American Furniture Rentals, Inc. ROCKY HILL              10/10/2018        $40,650.00 Walking-working surfaces (clean and dry), Emergency action plans, PPE, Hazard communication
IA           1344339.015      Prinsco, Inc.       JESUP    10/10/2018        $55,434.00 [no violations linked]
NY         1308500.015      Triumph Construction Corp.       NEW YORK              10/10/2018        $76,828.00 Excavations (protective systems), Excavations (protection from loose rock/soil)
OH         1325296.015      Brackney, Inc.    CINCINNATI       10/09/2018              $45,269.00 Excavations (protective systems)
OK         1307732.015      Mills Well Service, Inc.   WEWOKA           10/09/2018              $337,569.00 Fall protection, Head protection, General Duty (providing safe workplace), PPE
OK         1328356.015      Mills Well Service, Inc.   OKLAHOMA CITY              10/09/2018        $113,816.00 PPE
CA         1308243.015      Segundo Collazos            SAN RAMON      10/04/2018              $54,750.00 [no violations linked]
PA          1308786.015      Insight Pipe Contracting, LLC       JOHNSTOWN              10/04/2018        $113,816.00 Powered industrial truck operator training, Protection against electric shock
PA          1310671.015      Insight Pipe Contracting, LLC       JOHNSTOWN              10/04/2018        $217,285.00 Confined spaces (entry permit), Confined spaces (rescue), Confined spaces (pre-entry internal atmospheric testing)
AR         1314312.015      W.G Yates & Sons Construction Company              CALION 10/03/2018        $51,736.00 Cranes & Derricks (assembly/disassembly procedures)
IL           1308886.015      R.C.O. Plumbing, Inc.      ARLINGTON HEIGHTS              10/03/2018        $45,267.00 [no violations linked]
MD        1307491.015      Prestige Detailing, Inc.   CROWNSVILLE   10/03/2018              $55,745.00 Head protection, Means of egress from excavations, Rollover protective structures
HI          1318532.015      Paint Cars, Inc.  PEARL CITY         10/02/2018              $45,707.00 PPE, Eye and face protection, First aid, Hazard communication

NJ          1307675.015      Garden State Cold Storage - Carteret, LLC              CARTERET          10/02/2018        $49,875.00 [no violations linked]
CA         1321726.015      Caltex Foods, Inc.            CAMARILLO       10/01/2018              $45,560.00 [no violations linked]
TX          1309982.015      Clarke Products, Inc.      WACO  10/01/2018              $199,311.00 General Duty (providing safe workplace), Flammable liquids, Lockout/Tagout, Machine guarding
TX          1311129.015      Clarke Products, Inc.      WACO  10/01/2018              $53,416.00 Noise exposure, Respiratory protection
MO $225,000 R2 Plumbing LLC October 30, 2018 Cave0-in protection, trench fatality
TX $311,580 Venture Metals LLC  October 30, 2018 lead, respiratory, and noise hazards; machine guarding; lock out tag out, confined space; and failure to report hospitalization. Metal Recycler.
FL $113,816 Panama City Framing LLC October 30, 2018 willfully failing to provide employees with fall protection while they performed roofing activities.. Framing contractors.
AL $171,281 American Remediation and Environmental Inc. for confined space, fire, and explosion hazards. Tank Cleaning company.
Safety Training at Non-Profits
OSHA 500 CSC                                                                           Nov 5-8
OSHA 7500 Safety Mgt                                                            Nov 19
OSHA 7400 Noise                                                                     Nov 15
OSHA 7205 Health Hazards CSC                                             Nov 14

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
 NSC is National Safety Council https://www.greatlakesosha.org/sites/national-safety-council/
I usually teach only part of the 30 hour and the 500 series. I have been teaching many 10.30 hour class for private companies.  I have taught 2131 people this year. I teach evenings, weekends, early mornings too. I teach in Wisconsin, Illinois, Iowa, and Indiana.   
All presentations are put on slideshare.net for free downloading. I put this presentation at this link. https://www.slideshare.net/JohnNewquist/502-hot-works-10-minutes
I use your feedback to make changes to make corrections.

OSHA top cited categories in FY 18 from their National Safety Council Presention. First year that electrical is not in top 10. PPE replaced it.
The data, which covers violations cited from October 1, 2017, through September 30, 2018, is preliminary, and as such, the precise numbers associated with each violation may change. However, the ranking is likely to remain consistent when OSHA releases the final numbers.
The top 10 violations of FY 2018 are:
1- Duty to provide fall protection (29 CFR 1926.501): 7,270 violations. The duty to provide fall protection has been OSHA’s top citation for several years. According to Kapust, common violations under this standard included failure to provide fall protection near unprotected sides or edges and on both low-slope and steep roofs. Many of the citations were issued to roofing contractors, framing contractors, masonry contractors, and new single-family housing construction contractors.
2 - Hazard communication (29 CFR 1910.1200): 4,552 violations. Hazard communication has been in the number-two spot for several years. Common deficiencies include lack of a written program, inadequate training, and failure to properly develop or maintain safety data sheets (SDSs). Auto repair facilities, hotels, and motels were among the industries that received many hazard communication citations.
3- Scaffolds—general requirements (29 CFR 1926.451): 3,336 violations. Common violations included lack of proper decking, failure to provide personal fall arrest systems and/or guardrails where required, and failure to ensure that supported scaffolds are adequately supported on a solid foundation. Masonry, siding, and framing contractors were particularly prone to scaffolding violations.
4 - Respiratory protection (29 CFR 1910.134): 3,118 violations. Failure to establish a program, failure to perform required fit testing, and failure to provide medical evaluations were among the most frequently cited issues. Auto body refinishing, painting contractors, and wall covering contractors received many citations under this standard.
5 - Lockout/tagout (29 CFR 1910.147): 2,944 violations. Many employers cited under this standard failed to establish an energy control procedure altogether, while others were cited for failing to provide adequate employee training, failure to develop machine-specific procedures, and failure to use lockout/tagout devices or equipment.
6 - Ladders (29 CFR 1926.1053): 2,812 violations. Common deficiencies included failure to have siderails extend 3 feet (ft) beyond a landing surface, using ladders for unintended purposes, using the top step of a stepladder, and ladders with broken steps or rails. These violations were common among roofing, framing, siding, and masonry contractors.
7 - Powered Industrial Trucks (29 CFR 1910.178): 2,294 violations. Violations commonly addressed deficient or damaged forklifts that were not removed from service, operators who had not been trained or certified to operate a forklift, and failure to evaluate forklift drivers every 3 years as required. Forklift violations were widespread across a number of industries, but were particularly prevalent in warehousing and storage facilities, fabricated and structural metal manufacturing, and wood container and pallet manufacturing.
8 - Fall protection—training requirements (29 CFR 1926.503): 1,982 violations. Commonly cited issues include failing to provide training to each person required to receive it, failure to certify training in writing, failing to ensure that training is provided by a competent person, and failing to train the proper use of guardrails and personal fall arrest systems.
9 - Machine guarding (29 CFR 1910.212): 1,972 violations. Violations included failing to guard points of operation, failing to ensure that guards are securely attached to machinery, and failure to properly anchor fixed machinery. Machine guarding violations occur in many industries, but common targets include machine shops, fabricated metal manufacturing, and plastics manufacturing.
10 - Personal protective and lifesaving equipment—eye and face protection (29 CFR 1926.102): 1,536 violations. The final violation is a newcomer to OSHA’s top 10 list and replaces electrical wiring methods (29 CFR 1910.305), which took the number 10 spot for FY 2017. Commonly cited issues included failing to provide eye and face protection where employees are exposed to hazards from flying objects; failing to provide protection from caustic hazards, gases, and vapors; and allowing employees to wear combinations of prescription and safety eyewear that compromise the protective qualities.