May 2019 OSHA News

OSHA News for May 2019
We set a record for rain in May.  I completed the last audit at the Argonne National Lab. The site had no recordables in all of 2018. That is an accomplishment for the safety team out there.
I am seeing a large amount of litigation that is poor from the employer and plaintiff sides. Many involve the OSHA multi-employer policy of OSHA. Industrial employers cannot put contractors on unsafe roofs without any protection. Construction employers must train workers in the recognition of fall hazards.
I continue to learn from the OSHA standards students. The last class have 6 fortune 500 companies in it. They are a great source of what is working for safety in the areas of ergonomics, violence prevention, and employee training.
This month’s powerpoint is on the history of mercury and the use in the hat industry.  @allshiny did a great job on the presentation. I still see mercury used in switching and lighting.
This summer project is working on wind loading for scaffolds in the winter. There is not much out there and many scaffold collapses have happened due to wind on the plastic tarps.
Stay cool and hydrate.
John
OSHA News. 
1) An Indiana law scheduled to go into effect July 1 raises the maximum monetary penalty for on-the-job fatalities.
H.B. 1341, signed into law by Gov. Eric Holcomb (R) on April 24, increases the maximum penalty to $100,000 from $70,000 for each worker death resulting from an employer knowingly violating safety regulations.

https://www.safetyandhealthmagazine.com/articles/18368-new-indiana-law-increases-maximum-fine-for-worker-deaths
2) New York pushes 30 hour training to December 1, 2019..
City officials and industry safety advocates believe that training will reduce the number of deaths and injuries, especially at high-rise building projects, by ensuring that even new workers and day laborers can spot dangers.
The city’s training requirements go far beyond what other jurisdictions expect. The federal Occupational Safety and Health Administration offers voluntary courses and Nevada requires construction workers to have graduated from OSHA’s 10-hour construction safety course. Several other states and cities mandate that workers on government-funded projects have earned at least the 10-hour OSHA card.
More Deaths, More Safety Mandates
The mandate, Local Law 196 of 2017, was passed by the City Council in September 2017 to reduce construction site injuries and deaths.
Construction supervisors have additional courses to finish—62 hours of safety training—as of Dec. 1.
The final deadline is a September 2020 requirement for nonsupervisory workers to have completed at least 40 hours of safety training.
If city inspectors find that a contractor is employing workers who don’t have the required training, the city can cite and fine the contractor, not the workers, Wehle said. The cited contractor will be responsible for training the workers.
Workers can satisfy the 30-hour mandate two ways: by completing OSHA’s 30-hour course, or by taking elective courses approved by the city, including fall protection, scaffolding safety, and drug and alcohol abuse awareness, Wehle said.
https://news.bloomberglaw.com/safety/construction-safety-training-is-a-heavy-lift-in-new-york-city-1
3) Scott Mugno, the former FedEx official poised to win Senate confirmation to run the Labor Department’s safety and health agency, has informed the White House he no longer wants to join the administration, sources briefed on the matter told Bloomberg Law.
https://news.bloomberglaw.com/safety/trump-labor-safety-nominee-withdraws-on-cusp-of-confirmation

4) OSHA is partnering with Joliet Junior College to offer an OSHA Safety Training Day on Thursday, June 20, 2019. This training event will feature over fifteen training sessions on a wide-range of workplace safety topics. Registration is $99 and includes continental breakfast and lunch.
www.trainingupdate.org
5) NH Governor Chris Sununu signed HB406 at a brief signing ceremony in his office with members of Tom Wooten's family in attendance. The bill directs the NH Department of Labor to investigate serious occupational injuries and fatalities to public employees.
6) Roofing contractor pleads not guilty in worker’s death
Shawn D. Purvis is charged with manslaughter but maintains he is not responsible for ensuring his workers adhere to federal workplace safety standards.

https://www.pressherald.com/2019/05/20/contractor-pleads-not-guilty-in-workers-death/
7) Some pending and proposed OSHA rulemaking. Tree CAre, CommunicationaTowers, Violence in heathcare.
ANTICIPATED AGENCY ACTION


Communication Tower Safety Complete SBREFA May 2019

Emergency Response Initiate SBREFA May 2019

Lockout/Tagout Request for Information May 2019

Tree Care Initiate SBREFA June 2019

Update to the Hazard Communication Standard Notice of Proposed Rulemaking September 2020

Prevention of Workplace Violence in Health Care and Social Assistance Initiate SBREFA October 2019

Occupational Exposure to Beryllium and Beryllium Compounds in Construction and Shipyard Sectors Final Rule December 2019

The full federal Unified Agenda and Regulatory Plan can be found online at:
http://www.reginfo.gov/public/do/eAgendaMain

8)  I was interviewed on what to expect when OSHA inspects a workplace. 
https://www.safetyandhealthmagazine.com/articles/18400-what-to-expect-when-osha-is-inspecting?fbclid=IwAR3YY4jQ31UaSvv_Ivu1BnII1XCmah12YfV2WlHP9WPGwu6Vvzua0smVNxM
9) OSHA Harwood grants are available.
https://www.manufacturing.net/news/2019/05/osha-offers-105m-worker-safety-and-health-training-grants?fbclid=IwAR2KcJrqFY_oWSO1T4zxbiCcKn8Dpu7nKMFKaq6nFp3_IzROKPMLMN_-bfg#.XN7EyJ_K5KA.facebook
10) I helped win a $9.2 million dollar settlement in PA. “Regan Safier and Patrick Fitzgerald won a $9.2 million verdict for a Reading man whose leg was amputated in a screw conveyor at a meat processing factory while he was cleaning the machine.” He had no prior training in cleaning the conveyor and was not adequately supervised while working. The device also had no safety limit switch to prevent it from starting when its cover doors were open. Natal, 31 at the time, was able to pull himself from the screw conveyor but too late to save his right leg, which was amputated below the knee. “




Other Major News Stories.
1)  Dear NSC friends,

After a thorough and comprehensive search process, I am so pleased to share with you that we have selected the next President & CEO of the National Safety Council, Lorraine Martin. Lorraine brings a wealth of strategic, operational and culture building expertise from her 30-year career at Lockheed Martin as well as a strong civic record on community security, innovation and education.


Safety Training at Non-Profits
OSHA 510 June 10-13
OSHA 7400 CSC Noise June 4
OSHA 4 hour Free Machine guarding June 12
OSHA 511 NSC June 17-20
OSHA 10 NIU Rockford June 25-26
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
TRMA is Three Rivers Manufacturers Association   www.trma.org
NSC is National Safety Council http://www.nsec.niu.edu/nsec/
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 1335 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/mad-hatter-disease
I use your feedback to make changes to make corrections.

OSHA Citations
MN 1363562.015 Jasons Dry Ice, Inc. MINNEAPOLIS 04/26/2019 $50,250.00 [no violations linked]

MN 1368781.015 Marks Farms, Inc. MAPLETON 04/26/2019 $50,350.00 [no violations linked]

MA 1355884.015 B&M Office Installations, Inc. LAWRENCE 04/24/2019 $68,532.00 Spray booths, PPE, Respiratory protection, Written hazard communication program, Hazardous chemical training, Safety data sheets, Walking-working surfaces, Noise exposure monitoring, Industrial truck operator certification

MA 1367175.015 Cox Engineering GEORGETOWN 04/24/2019 $60,619.00 Eye and face protection, Respiratory protection, Lockout / Tagout, Machine guarding, Reporting an injury, Forms

GA 1357498.015 Riverside Military Academy, Inc. GAINESVILLE 04/23/2019 $381,882.00 Safety training, Confined spaces (competent person, written permit space program), Excavations (contact utility company, means of egress, protective systems)

WA 1358146.015 Dollar Tree Stores, Inc. VANCOUVER 04/23/2019 $503,200.00 [no violations linked]

WA 1371495.015 Shkarin Vadim LACEY 04/23/2019 $71,040.00 [no violations linked]

AK 1362117.015 Alaska Sales & Service, Inc. ANCHORAGE 04/22/2019 $42,738.00 [no violations linked]

CA 1366485.015 Producers Meat & Provisions, Inc. SAN DIEGO 04/22/2019 $53,620.00 [no violations linked]

DE 1356984.015 Delaware City Refining Company, LLC DELAWARE CITY 04/22/2019 $86,190.00 Highly hazardous chemicals (safe work practices for control of hazards; employee training)

NY 1355248.015 Seedway, LLC HALL 04/22/2019 $44,326.00 Fall protection, Eye and face protection, Compressed air used for cleaning, Machine guarding

CA 1354379.015 City Logistics & Transport, Inc. CARSON 04/19/2019 $61,955.00 [FATALITY: employee struck by a truck while in the yard] [no violations linked] [yet]

PA 1374890.015 ATI Powder Metals OAKDALE 04/19/2019 $53,040.00 Confined spaces

KY 1356181.015 TSP Acquisition, LLC dba Tri State Plating, Inc. LOUISVILLE 04/18/2019 $53,200.00 [no violations linked]

PA 1391899.015 Alan Kunsman Roofing and Siding, Inc. READING 04/18/2019 $43,760.00 Fall protection training, Fall protection systems

TX 1355709.015 Scrap Metal Services, LLC/SMS Scrap Metal Services, LLC BROWNSVILLE 04/18/2019 $42,299.00 Rope inspection, Maintenance of industrial trucks

TX 1383980.015 Berridge Manufacturing Company SEGUIN 04/18/2019 $47,008.00 Machine guarding, Lockout / Tagout, Annual summary, Respiratory protection

AL 1357170.015 Ampac Mobile Holdings, LLC MOBILE 04/17/2019 $75,156.00 Machine guarding, Lockout / Tagout

CT 1363448.015 Johnson Memorial Hospital, Inc. STAFFORD SPRINGS 04/17/2019 $51,149.00 General Duty (providing safe workplace), Eye and face protection, Hand protection, Bloodborne pathogens, Hepatitis B vaccination, Written hazard communication program, Hazardous chemical training, Forms, Reporting an injury, Respiratory protection

FL 1360992.015 American Freight Furniture and Mattress MELBOURNE 04/17/2019 $123,364.00 Exit routes, Portable fire extinguishers, Providing records to government representatives, Emergency action plan, PPE, Written hazard communication program

MT 1356616.015 Nelcon, Inc. LAUREL 04/17/2019 $225,425.00 General Duty (providing safe workplace), Fall protection, PPE, Eye and face protection, Hand protection, Confined spaces, Lockout / Tagout, Machine guarding, Storage of Cylinders, Reporting an injury, Stairways

CA 1355033.015 Allied Construction Builders, Inc. CAMPBELL 04/16/2019 $41,815.00 [no violations linked]

RI 1355285.015 Metric Construction Corporation PAWTUCKET 04/15/2019 $64,974.00 Accident prevention program, Housekeeping, Fire protection program, Guarding live parts, Fall protection, Personal fall arrest systems

OH 1374595.015 Ball, Bounce and Sport, Inc. ASHLAND 04/12/2019 $43,508.00 Fall protection, Electrical protective equipment, Machine guarding, Lockout / Tagout, Hazard assessment (PPE)

WI 1359069.015 Precision Cable Assemblies, LLC BROOKFIELD 04/12/2019 $78,706.00 Lockout / Tagout, Machine guarding

IL 1360137.015 Primrose Candy Co. CHICAGO 04/11/2019 $53,040.00 Lockout / Tagout, Machine guarding

MA 1358526.015 Randolph Products, LLC CHICOPEE 04/11/2019 $83,538.00 Respiratory protection, Chromium, Access to employee exposure and medical records

NY 1370528.015 The Church Aide of the Protestant Episcopal Church in the City of Saratoga Springs MALTA 04/11/2019 $45,466.00 Portable fire extinguishers, Bloodborne pathogens, Exposure control plan, Sharps injury log, Recording needlestick injuries

WI 1371338.015 Walker Forge, Inc. CLINTONVILLE 04/11/2019 $55,791.00 Fall protection, Compressed air used for cleaning, Machine guarding, Lockout / Tagout,  Arc welding ray protection (eyes)

WA 1354889.015 Roof Doctor, Inc. VANCOUVER 04/11/2019 $116,200.00 [no violations linked]

WA 1365000.015 Chilos Builders, LLC SEATTLE 04/11/2019 $137,200.00 [no violations linked]

AR 1359225.015 Bekaert Corporation ROGERS 04/10/2019 $132,598.00 Machine guarding

CA 1355097.015 Gibson Overseas COMMERCE 04/10/2019 $47,750.00 [no violations linked]

GA 1370620.015 Country Charm Eggs, LLC GILLSVILLE 04/10/2019 $47,168.00 General Duty (providing safe workplace), Fall protection, Lockout / Tagout, Machine guarding

NC 1389927.015 D.R. Horton, Inc. MATTHEWS 04/10/2019 $41,000.00 [no violations linked]

TX 1372854.015 Best Press, Inc. ADDISON 04/10/2019 $72,930.00 Walking-working surface, Portable fire extinguishers, Machine guarding

FL 1353924.015 B & A Manufacturing Co. RIVIERA BEACH 04/09/2019 $80,305.00 Exit routes, Defective/damaged PPE, Prescription eye protection, Respiratory protection, Hand protection, Air contaminants, Cadmium, Written hazard communication program, Electrical equipment working space, Forms

MA 1375253.015 JCl Home Improvement, Inc. LONGMEADOW 04/09/2019 $42,300.00 Personal fall arrest systems, Fall protection systems, Fall protection training certification

WA 1379636.015 Rotschy, Inc. VANCOUVER 04/09/2019 $69,300.00 [no violations linked]

MO 1383619.015 Tyson Foods, Inc. DEXTER 04/08/2019 $84,391.00 Lockout / Tagout, Mounting of electrical equipment

OH 1380668.015 Empire Packing Company, LP MASON 04/08/2019 $112,710.00 Lockout / Tagout

OH 1384927.015 Jerry Turnbaugh CANAL WINCHESTER 04/08/2019 $61,680.00 Accident prevention program, Safety training, Fall protection systems, Fall protection training, Eye and face protection

CA 1375070.015 Carlton Forge Works PARAMOUNT 04/05/2019 $51,185.00 [no violations linked]

MA 1353907.015 National Grid USA Service Company, Inc. MATTAPAN 04/05/2019 $49,442.00 PPE, Eye and face protection, Excavations (atmospheric testing, inspection, protective systems)

OH 1375978.015 Aluchem, Inc. CINCINNATI 04/05/2019 $80,128.00 Walking-working surfaces, Compressed air used for cleaning, Electrical equipment working space, Fire prevention plan

OH 1377259.015 TMI Electrical Contractors, Inc. CINCINNATI 04/05/2019 $45,216.00 Accident prevention program, Safety training, Electrical safety, Lockout / Tagout, Ladders, Reporting an injury

TX 1354480.015 UMC Energy Solutions FORT WORTH 04/05/2019 $102,102.00 Walking-working surfaces, Fall protection, Lavatories (hand washing facilities), Crane inspection and maintenance, Wire rope slings (remove from service), Arc welding ray protection (eyes), Replace damaged cables

TX 1358270.015 Morris FORT WORTH 04/05/2019 $45,011.00 Accident protection program, Scaffolds, Head protection, Fall protection

IA 1371326.015 American Pop Corn Company SIOUX CITY 04/04/2019 $47,513.00 [no violations linked]

OH 1371941.015 Ultimate RB, Inc. DELPHOS 04/04/2019 $52,853.00 Electrical protective gloves, Electrical safety training, Energized circuits, Electrical PPE, Machine guarding

CA 1351592.015 Crain Walnut Shelling, Inc. LOS MOLINOS 04/04/2019 $67,500.00 [no violations linked]

MS 1362582.015 Heritage Plastics, Inc. PICAYUNE 04/03/2019 $159,118.00 Lockout / Tagout, Machine guarding

NJ 1352161.015 Ned Stevens Gutter Cleaning and General Contracting, Inc. WESTFIELD 04/03/2019 $132,598.00 Fall protection

NH 1353320.015 DCI, Inc. LISBON 04/03/2019 $119,338.00 Machine guarding

NH 1364763.015 DCI, Inc. LISBON 04/03/2019 $103,995.00 Noise exposure, Hearing protection, Flammable liquids, PPE, Respiratory protection, Hand protection, Eye wash station, Hazardous chemical labeling, Recording occupational hearing loss

NH 1366023.015 DCI, Inc. LISBON 04/03/2019 $155,155.00 Stairways, Exit routes, Eye and face protection, Electrical protective gloves, Electrical safety training, Lockout / Tagout, Forklift, Machine guarding, Overcurrent protection, Temporary wiring (flexible cords)

TX 1354122.015 Molding Acquisition Corporation FORT WORTH 04/03/2019 $281,108.00 Fall protection, Lockout / Tagout, Crane inspection, General Duty (providing safe workplace), Machine guarding

MO 1353460.015 Sigma-Aldrich SAINT LOUIS 04/01/2019 $45,465.00 [FATALITY: found unresponsive doing machinery maintenance] Ladders, Lockout / Tagout, Energy control program, Group lockout/tagout, Reporting a fatality

NJ 1351997.015 East Coast Steel, Inc. SEWELL 04/01/2019 $104,759.00 Ladders, Walking-working surfaces, Accident prevention tags, Machine guarding, Anchoring fixed machinery, Forklift, PPE