OSHA News November 2020

 

OSHA News for November 2020

Hello,

The Covid virus was another surge and November the worst month for infections. I had three friends get it so be careful in social settings indoors and outdoors. I am a fan of Vitamin D, low dose aspirin and iron as my prevention medicines.

I am working on a Mill Safety ppt. If you have photos or milling machines, I would like to see them. 

Two of the Chicago law firms settled a large plaintiff case against 6 companies. One worker died, the other lost both arms. I was deposed 9 hours about OSHA and Multi-employer. I think the case turned to settlement when the defense leading expert agreed with my multi-employer responsibility for the host contractors, general contractor, and subcontractors.

Another company reported a year without an OSHA recordable. 270 employees in the food industry. Three factors made the difference.

1. Consistent enforcement of the rules for all managers and workers.

2. 100% training for all workers in all OSHA topics.

3. Engineered lifts so that employees do not lift 50 pounds anymore. Vacuum lifts do the lifting.

This month’s powerpoint is incident investigation for industry. Many companies have asked to train the managers in incident investigation in the last three months. I have three training sessions in December alone. It is very interactive and gets them thinking. I hadn’t published a version since 2014 and I have many cases that are more relevant to industrial companies.  I had to mail it PDF since it was 20 Megs. Email me or use slideshare if you want it in ppt.

I hope everyone can take some time off and relax during the December holidays.  You deserve it.

John

 

OSHA News.

1)  Alex W. Smith Jr., 87, of Rockford, IL passed away on November 10, 2020. Born February 12, 1933 in Rockford, son of Alex W. Smith Sr. and Doris (Corey) Smith. He also worked 25 years with the State of Illinois Safety and Education Division and the Federal OSHA program as safety compliance officer. He was an instructor for the OSHA Training Institute and Safety Supervisor Share online memories and condolences at www.fitzgeraldfh.com

2)  Employer Appeals of OSHA Citations Fell in FY2020 Due to Virus

https://news.bloomberglaw.com/safety/employer-appeals-of-osha-citations-fell-in-fy2020-due-to-virus

3)  Investigation: OSHA fails to issue citations in thousands of complaints from workers related to COVID-19

https://www.wtae.com/article/osha-fails-to-investigate-thousands-covid-19-complaints/34759576?fbclid=IwAR08cNW0Q-vnTr4BEZt92nGtY0NNdJD60nA2frZruJ73h4JzjgVXg1JWe4Q

4) Tyson Suspends Meat Plant Managers Accused of COVID Betting Pool

https://www.insurancejournal.com/news/national/2020/11/20/591414.htm?fbclid=IwAR0j4XpD8BiH7hiTzRaD-myurNNqcFm9hmaL0B2fN5YjcXluIYgPJDoMoH4#:~:text=Tyson%20Suspends%20Meat%20Plant%20Managers%20Accused%20of%20COVID%20Betting%20Pool,-By%20Mike%20Dorning&text=Tyson%20Foods%20Inc.%20said%20it,Covid%20outbreak%20earlier%20this%20year

5)  Unions Float Two Picks to Be Workplace Safety Chief Under Biden

https://news.bloomberglaw.com/daily-labor-report/unions-float-two-picks-to-be-workplace-safety-chief-under-biden?fbclid=IwAR08cNW0Q-vnTr4BEZt92nGtY0NNdJD60nA2frZruJ73h4JzjgVXg1JWe4Q

6)  Cal/OSHA requires face masks, sick pay in new COVID-19 worker protections

https://www.eastbaytimes.com/2020/11/20/cal-osha-requires-face-masks-sick-pay-in-new-covid-19-worker-protections/?fbclid=IwAR3fqD_Kak9FPZXUoovhw86oS7_NGC0BLWM69A9bPO3jJMU09_zzhofNsfg

7)  Cloth masks are not PPE. OSHA

https://news.bloomberglaw.com/daily-labor-report/cloth-masks-are-not-personal-protective-equipment-osha-says?utm_source=dlvr.it&utm_medium=twitter&fbclid=IwAR2TjydsBaBg9OHHMLH1ryHyI3hE5AXkSij7PBVbb0BkoWrXGjP16nZLuLw

8) Expect These 8 Changes To OSHA Under The Biden Administration

https://www.jdsupra.com/legalnews/expect-these-8-changes-to-osha-under-19340/?fbclid=IwAR2QJL1kTbhaWYEyPl6yWHfYUzUa4JTK-Rx1sfyvedCls01Y3YRZTK1TWY4

9)  Document Shows What COVID-19 Violations OSHA Cites Most

https://www.cleanlink.com/news/article/Document-Shows-What-COVID-19-Violations-OSHA-Cites-Most--26366?fbclid=IwAR0oKnLHwZhbQ0SSrRnHTB1YSl3gRXd21KpeaF0F4Ag7GIorfIXgMI_KrKE

10 )  Alabama auto parts maker Joon LLC, also known as Ajin USA, was ordered in federal criminal court to pay a $500,000 fine and $1 million to the estate of a worker who died after she was caught in machinery.

https://news.bloomberglaw.com/daily-labor-report/auto-parts-maker-joon-must-pay-1-5-million-in-worker-death?fbclid=IwAR0Kzxd9CRA6-HF1eDRCZkVlnsNYda2PLPq0Vb_mgFiuoHjNQ4YOif0-lLA

11) Contractor on hook for fine after not responding to fatality citation

https://www.businessinsurance.com/article/20201105/NEWS08/912337602/Contractor-on-hook-for-fine-after-not-responding-to-fatality-citation-Secretary-?fbclid=IwAR27pj552s6aaf9TdKSDIMlFsNrHz_MERBEbkhgOU_tzUBwHeKsmqI7HnLE

12)  OSHA guidelines on covid ventilation.

Does not mention ASHRAE 10 cfm per person or ACGIH 6 air changes an hour.

https://www.osha.gov/Publications/OSHA4103.pdf?fbclid=IwAR1fOFCnizD0lRVh8MnPcUhna6Z6oWKfCve8wNup8i-ka5LG4nlE3Cn_eiw

13)  Eleventh Circuit Says General Contractor Was Responsible for Subcontractor's Safety Practices

https://www.jdsupra.com/legalnews/eleventh-circuit-says-general-46977/?fbclid=IwAR0-zPlVFIksfumn9PryDX6toZKLpxCpyaz9soLljtZmkbXo7fGNgHPZwZ4#:~:text=Eleventh%20Circuit%20Says%20General%20Contractor%20Was%20Responsible%20for%20Subcontractor's%20Safety%20Practices,-Jonathan%20Crotty&text=OSHA%20says%20that%20if%20the,working%20on%20the%20construction%20site

 

Other Major News Stories.

1)  COVID-19 deaths ( I did not count the presumptive cases.

Presumptive cases not counted

Friday, November 27, 2020 – 249309 deaths,  13,079, 305 infected

Friday, November 20, 2020 – 236,953 deaths. 11.530.345 infected

Friday, November 13, 2020 – 228, 883 deaths, 10,535, 828 infected

Friday, November 6, 20202 – 221351 deaths, 9,586,656 infected

 

2)  4 Steps to Audit Your Workplace Safety Program

https://www.rockdovesolutions.com/blog/4-steps-to-audit-your-workplace-safety-program?fbclid=IwAR2oWSbAvrjOVcJimS9nMF03VcLfhXTOdleZ76DgJZaYBswk8oaaY_ckW-k

OSHA Citations for November

State     Inspection Number         Employer             City        Issuance Date    Initial Penalty

MD         1492231.015       Rub & Dan Construction, LLC       HAGERSTOWN  11/12/2020         $41,000.00

NC          1489343.015       S-L Snacks NC, LLC            CHARLOTTE        11/12/2020         $42,000.00

AL           1476807.015       MDLG, Inc.          PHENIX CITY       11/23/2020         $373,776.00

KY           1477449.015       Gregory Scott Bean         MARION              11/18/2020         $87,500.00

OH          1494784.015       A Cut Above Tree Service, LLC     CANTON              11/10/2020         $40,483.00

IN           1476575.015       Rowe Truck         LAFAYETTE          11/19/2020         $151,098.00

IL             1476041.015       Fortune Painting Company, Inc. dba Fortune Restoration Painting & Masonry       CHICAGO                11/17/2020         $191,471.00

IL             1476182.015       Fortune Painting Company, Inc. dba Fortune Restoration Painting & Masonry       CHICAGO                11/17/2020         $108,354.00

IL             1490426.015       Total Grain Marketing, LLC           SULLIVAN            11/17/2020         $67,470.00

MO        1475907.015       ZMDR, LLC           LONE JACK          11/12/2020         $87,517.00

MO        1478081.015       ZMDR, LLC           LONE JACK          11/12/2020         $181,205.00

MN        1480635.015       Professional Siding, Inc. LAKEVILLE           11/25/2020         $50,250.00

KS           1496305.015       Signify North America Corporation           SALINA 11/17/2020         $75,181.00

KS           1491138.015       CreekStone Farms Premium Beef, LLC     ARKANSAS CITY 11/09/2020         $50,121.00

TX           1489019.015       Heartland Cabinetry and Furniture, Inc.  ALVARADO         11/24/2020         $47,231.00

TX           1483668.015       Cabela's Wholesale, LLC FORT WORTH     11/23/2020         $42,218.00

CA          1476813.015       Tesla, Inc.            FREMONT           11/23/2020         $55,125.00

CA          1487568.015       Land O'Lakes, Inc.            TULARE 11/16/2020         $41,995.00

CA          1487715.015       Mericle Mechanical, Inc.               PLACENTIA         11/12/2020         $63,695.00

CA          1474630.015       Kaiser Foundation Hospitals/Kaiser Permanente - Oakland Medical Center             OAKLAND                11/06/2020         $78,300.00

AK          1496674.015       Holiday Stationstores, LLC            ANCHORAGE     11/12/2020         $85,915.00

HI            1454952.015       AES Hawaii, LLC KAPOLEI               11/12/2020         $45,880.00

 

Safety Training at Non-Profits (Check Sites for Starting Dates)

NIU 7115 Lockout NIU onlinen                                   Dec 9

OSHA 510                                                                             Dec 7-10 CSC

OSHA 511 Online                                                              Dec 14-17 NIU

NIU is Northern Illinois University OSHA Education Center http://www.nsec.niu.edu

FREE machine Guarding https://www.nsec.niu.edu/nsec/course-schedules/free-courses/free-machinery-courses/index.shtml

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 2369 people this year. I teach evenings, weekends, early mornings too. I teach in Wisconsin, Illinois, Iowa, Minnesota, and Indiana.   

All presentations are put on slideshare.net for free downloading. I put this presentation at this link. https://www2.slideshare.net/JohnNewquist/incident-investigation-newquist-2020

I use your feedback to make changes to make corrections.

 OSHA news September 2020

OSHA News for September 2020

Hello,

September was of the busiest months for 2020.  The new class on how to do a respirator fit test using bitrex and irritant smoke has been very popular. Contact the Construction Safety Council if interest. I an finding most were just given a respirator. Medical evaluations were also not done. Grainger said global shortage on Bitrex fit testing kits.

10 most frequently cited written OSHA programs for industry?

This my list. What would be yours?

1) Hazard communication program

2) Lockout and Energy Control Procedures

3) Respirators

4) Bloodborne pathogen exposure program

5) OSHA Recordkeeping

6) Confined space

7) Written PPE hazardous assessment

8) Electrical safety-related work practices program

9) Emergency action plan

10) Hearing Conservation Program

 

This month’s powerpoint is Hearing Conservation. I was surprised to see I never passed this out in the years. Hearing loss is trending up each year for adults and there is not much that is said about it.

The colder weather is coming and I hope you got a good set of gloves for the frosty weather.

John

 

OSHA News.

1) VA issues first COVID rules

https://www.manufacturinglawblog.com/2020/07/virginia-issues-first-covid-19-osha-standard/?fbclid=IwAR2lGW-PCD5XYj7SzIEp4ryEAeLU_FpBKe8lFLS_jqeXzFYCD2TL82BypUA

2)  OSHA Silica enforcement directive is out.

https://www.osha.gov/sites/default/files/enforcement/directives/CPL_02-02-080.pdf?fbclid=IwAR1V708BAh1HSN3F6vo6IMLcZvb032OpfsroCRpQqpqjZld7Ry4X2XbpWMA

3)  DOL lawyer assigned to lead OSHA Region. Chicago?

https://news.bloomberglaw.com/daily-labor-report/federal-litigator-behind-oracle-lawsuit-being-reassigned-by-dol?fbclid=IwAR1AGvzhH2aD2mioqEUjR3zX0A81rePJXcIAXw9UopbXmXjW5GkQmdmTyy8

4) NJ OSHA inspection charged for extortion.

https://www.justice.gov/usao-nj/pr/osha-safety-and-health-officer-and-his-brother-charged-conspiring-extort-contractor?fbclid=IwAR1fYMR5cv9_mywlIm_yOdAiXTMf-EGNzeYjdDc33tK0vYLfWz_eP4-Zmww

5) OSHA cited Smithfield for COVIS.

https://news.bloomberglaw.com/safety/smithfield-fined-13-494-by-osha-after-worker-infections-deaths?fbclid=IwAR369bR1tFmPiMSj0vssl7OJInUJieyMFlvO9dvoCdnX1vhje3E_cD03cjs

6)  OSHA announces Harwood training grants.

https://www.osha.gov/news/newsreleases/national/09182020

7) The U.S. Department of Labor (DOL) issued a proposed rule Sept. 22 to clarify when a worker is an “employee” covered by the Fair Labor Standards Act (FLSA) versus an independent contractor.

https://www.dol.gov/agencies/whd/flsa/2020-independent-contractor-nprm?fbclid=IwAR2QKk7ca4iHQqZjjCZQwXjQ3_D9rljvcvukgyVIIdDN_QfmSuz4UeYuGfI

8) OSHA is hiring in the midwest.

here is the link to the Peoria Area Office Safety Technician job announcement: https://www.usajobs.gov/GetJob/ViewDetails/579545400

It opened today, September 24, 2020, and will close on October 7. The announcement is open to the public with no language requirement. Please feel free to pass this along. Thank you.

Naperville and Cincinnati, open from 9/22/2020 to 10/5/2020:

Open to the public, Spanish required: https://www.usajobs.gov/GetJob/ViewDetails/579542900

Open to the public, no language requirement: https://www.usajobs.gov/GetJob/ViewDetails/579543600

Chicago South and Columbus, open from 9/23/2020 to 10/6/2020:

Open to the public, no language requirement: https://www.usajobs.gov/GetJob/ViewDetails/579544500

9) Iowa OSHA issues $950 penalty to meatpacker for covid.

Iowa Premium Beef has been ordered to pay a $957 fine after hundreds of workers fell ill to COVID-19. The Iowa Occupational Safety and Health Administration issued the citation – the first to a meat plant – for a minor record-keeping violation.

The coronavirus outbreak in April at the Iowa Premium Beef plant in Tama, IA, resulted in 338 of its 850 workers testing positive. That’s 80 more than the state had previously reported, according to inspection records released this week.

OSHA’s Iowa division announced in June it had launched inspections at the Tama plant and four other meatpacking plants where COVID-19 outbreaks had occurred. The inspections did not lead to any citations at the other four meat plants - Tyson Foods plants in Waterloo, Columbus Junction and Perry and the JBS plant in Marshalltown.

The agency cited Iowa Premium Beef in August for failing to keep a required log of workplace-related injuries and illnesses, and for failing to provide the document within four hours after inspectors requested it. Both violations were labeled “other-than-serious.”

In a settlement approved on Sept. 2, OSHA reduced the proposed fine from $1,914 to $957 and the company also agreed to correct the violations.

 

10)  A Texas oilfield services company is suing the Labor Department and the Occupational Safety and Health Administration for allegedly withholding recordings and documents of worker interviews from an OSHA investigation of a workplace accident that occurred in Galveston, Texas.

https://www.bloomberglaw.com/public/desktop/document/SchlumbergerTechnologyCoporationvUnitedStatesDepartmentofLaborOcc?1601417185

11) OSHA's withholding of the details of the violation could damage law enforcement

https://news.bloomberglaw.com/coronavirus/osha-withholding-of-violation-details-likely-to-hurt-enforcement-1?fbclid=IwAR2lGW-PCD5XYj7SzIEp4ryEAeLU_FpBKe8lFLS_jqeXzFYCD2TL82BypUA

12) Oregon OSHA new covid rule for workplaces

https://osha.oregon.gov/news/2020/Pages/nr2020-30.aspx?fbclid=IwAR1pgbbXLaLcrJ_-ElGj3RkX44kP288RjFW_Rhbb3NUgAyFz6Xzt5Iq1RWs

 

Other Major News Stories.

1)  COVID-19 deaths ( I did not count the presumptive cases.

Presumptive cases not counted

Friday September 25, 2020 – 190338 deaths, 6,980,351 infectied

Friday September 18, 2020 - 185002 deaths, 6,670,496 infected

Friday September 11, 2020, - 180080 deaths,  6,397,547

Friday, September 4 2020 – 175656 deaths, 6,183,405

 

2) The Role of leading and lagging indicators

https://www.onepetro.org/journal-paper/ASSE-20-08-29

3) Global harmonization of safety regulations for the use of industrial robots

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4667039/

4)  Two cases of Legionnaire’s disease at Pontiac prison.

https://www.wjbc.com/2020/09/11/2-cases-of-legionnaires-disease-reported-at-pontiac-correctional-center/?fbclid=IwAR10I8d558W_HfsD2guRRC2CWU4H4LOvZRedrsZF1M9TjKgB2_X1_Wn2HQI

5) Sexual Harassment Prevention Training Law: Public Act 101-0221 amended the Illinois Human Rights Act ("IHRA") requiring: Illinois employers to provide annual sexual harassment prevention training by December 31, 2020 and annually thereafter;

https://www2.illinois.gov/dhr/Training/Pages/FAQ%20for%20Sexual%20Harassment%20Prevention%20Training.aspx?fbclid=IwAR1Wr3tW3oFCTFNz6ku8I-6UOeJgigKfzvh_SVNB1cZL-RB4fi5buvqQuc4

6) Two managers charged in nursing home’s 76 deaths.

 https://skillednursingnews.com/2020/09/two-former-nursing-home-leaders-charged-with-criminal-neglect-in-wake-of-76-covid-19-deaths/?fbclid=IwAR1AGvzhH2aD2mioqEUjR3zX0A81rePJXcIAXw9UopbXmXjW5GkQmdmTyy8

OSHA Citations for September

ZERO!!!! Over $40 K – Two months in a row.

 

Safety Training at Non-Profits (Check Sites for Starting Dates)

OSHA 510 CSC                                                                   Oct 5-8

NIU 7300 Confined Space                                             Oct 8

OSHA 511                                                                             Oct 19-22 NIU Rockford

NIU is Northern Illinois University OSHA Education Center http://www.nsec.niu.edu

FREE machine Guarding https://www.nsec.niu.edu/nsec/course-schedules/free-courses/free-machinery-courses/index.shtml

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 2142 people this year. I teach evenings, weekends, early mornings too. I teach in Wisconsin, Illinois, Iowa, Minnesota, and Indiana.   

All presentations are put on slideshare.net for free downloading. I put this presentation at this link. https://www.slideshare.net/JohnNewquist/noise-and-hearing-conservation-2020

I use your feedback to make changes to make corrections.

 

 OSHA October News 2020

OSHA News for October 2020

Hello,

October was nonstop teaching. I can teach with a surgical mask to the socially distance class. Bigger companies are having the other people tune in via Teams or Zoom from across the country.

One of my clients reached a year without an OSHA recordable. They have since tripled the workforce in 6 years. They are now are one of IL 50 largest private companies. 6 years ago, 36.8% of the employees were hurt. The key is training, audits, and implementing Lean 5s.

Litigation is moving forward as courtrooms are allowing ZOOM for trial testimony. Falls are a constant source of the litigation subject. Failure to conduct a daily inspection by a competent person is a common theme.

This month’s powerpoint is Industry Forklift and Material Handling. Although the industry is seeing lower injuries, it can be better.

Registration is Open for 145-Hour Safety Administrator Certificate Course.  This is one of the best preparation classes for the CHST. Dozens have passed the CHST on the first try after completion. You will earn many certificates along the way. It starts December 8 – May 13 on Tuesday and Thursday via ZOOM. Classes are 6-9pm.   Several instructors including myself will be teaching.

https://buildsafe.org/News/ArtMID/594/ArticleID/48/Registration-is-Open-for-145-Hour-Safety-Administrator-Certificate-Course

Stay warm and get warm gloves. See you next month.

John

 

OSHA News.

1) Following the October 2, 2020 Michigan Supreme Court decision invalidating Governor Gretchen Whitmer’s pandemic executive orders, the Michigan Occupational Safety and Health Administration (MIOSHA) issued temporary emergency rules to help control, prevent and mitigate the spread of COVID-19.

2) OSHA loses Repeat citation at Appeals court.

https://www.jdsupra.com/legalnews/federal-appeals-court-deals-blow-to-14674/?fbclid=IwAR14XETuo1OW-6ov1J0uv0sXJ4ktouvBeHU93P6dmeSFKRn9V2MAntMWYwk

3)  Manager pleads guilty for a felony for lying to OSHA

https://www.gosanangelo.com/story/news/2020/10/29/former-san-angelo-meat-packing-plant-manger-pleads-guilty-court/6076082002/?fbclid=IwAR2Pwzi2zTemJE8LG3jiXjBvpoaCX_6apr1fgb7L6mkd5Y57VP4kgHH4CQo

4) The end of Citation Press Releases by OSHA

Labor Department Curbs Announcements of Company Violations

 

https://www.nytimes.com/2020/10/23/business/economy/labor-department-memo.html?fbclid=IwAR2lzumRp2R3mz5AkwLp943JnMHb0wbyfRgW2Hov2sdfaa2vTpPWLc-wbPE

5) Cameron Bruett, head of corporate affairs for JBS USA, wrote “the OSHA citation is entirely without merit. It attempts to impose a standard that did not exist in March as we fought the pandemic with no guidance

https://theintercept.com/2020/10/20/trump-osha-workplace-safety-covid/?fbclid=IwAR3SIORsZzhXm9LYQ-s70QZlsOjY0bsQiFMmcGX0AyKqIgauLldZwkeKIlg

6)  Plea Agreement for tower death.

https://www.skyhinews.com/news/plea-agreement-for-employer-charged-in-workers-death-up-in-air/?fbclid=IwAR0FP0tuD8UoJXOCU6UfaCULDKZsbTaBIuvtc0XnBNvaEJrKgwHcZeSjDNQ

7)  OSHA Announces $484,069 In Coronavirus Violations

https://www.osha.gov/news/newsreleases/national/10022020-0?fbclid=IwAR0wDEd5sUQnT7_85UYXuX0DuhcP8MQWQV_7y9dd-S5rB3ifpB40PuRaHRQ

8)  OSHA issues interim guidance for fit testing powered respirators

https://news.bloomberglaw.com/safety/osha-issues-interim-guidance-for-fit-testing-powered-respirators?fbclid=IwAR13d-2Wxmt7M1l9Hr-DqW6fMm0ICMkuCSxs3GhZXPniRiu6albhn6nhTsw

Other Major News Stories.

1)  COVID-19 deaths ( I did not count the presumptive cases.

Presumptive cases not counted

Friday, October 30, 2020 – 217322 deaths, 8,927,472 infected

Friday October 23 2020 – 210288 deaths, 8,398,689 infected.

Friday October 15, 2020 – 205,488 deaths. 7,874, 502 infected

Friday October 9, 2020 – 200,454 deaths, 7,620,052 infected

Friday October 2, 2020 – 195382 deaths, 7,241,449 infected

 

2)  Truss collapses in Texas kills 1, hurts 5.

https://www.dallasnews.com/news/2018/10/09/arlington-father-killed-5-hospitalized-in-west-dallas-building-collapse/?fbclid=IwAR2zzXEuXG6N8ZdYwBUdKWOb4TTLdKP_IhlMlsMHtyNobRjprGqSnUxVUUU

3) 3 killed in stairway collapse in Texas.

https://abcnews.go.com/US/killed-houston-building-collapse-injured/story?id=73438567&cid=social_twitter_abcn&fbclid=IwAR3SIORsZzhXm9LYQ-s70QZlsOjY0bsQiFMmcGX0AyKqIgauLldZwkeKIlg

 

OSHA Citations for October

AL           1490660.015       Express Courier International, Inc.            MOBILE 10/19/2020         $65,543.00

CA          1486434.015       Lineage Logistic (Preferred Freezer, LLC "Big Bear")           LOS ANGELES     10/19/2020                $73,300.00

CO          1488775.015       Drexel Metals, Inc.           ARVADA              10/02/2020         $50,894.00

KS           1493828.015       Western Industries Corporation WICHITA              10/16/2020         $67,664.00

KY           1472138.015       Century Aluminum Sebree, LLC  ROBARDS            10/01/2020         $70,000.00

MA         1490160.015       Larochelle Construction, Inc.       HOLYOKE             10/15/2020         $53,975.00

MA         1493070.015       J&R Carpentry Incorporated        SOMERVILLE      10/01/2020         $44,530.00

SC           1419023.015       ASRC Federal Holding Co., LLC     CHARLESTON     10/07/2019         $56,830.00

TN          1489024.015       Hankook Tire Manufacturing Tennessee LP          CLARKSVILLE      10/09/2020         $70,000.00

TX           1473375.015       Cracon, Inc.        MISSOURI CITY  10/07/2020         $224,382.00

WA         1473896.015       Cloise & Mike Construction          HOQUIAM          10/22/2020         $92,400.00

Safety Training at Non-Profits (Check Sites for Starting Dates)

NIU 7505 Accident Investigation                                Nov 23

OSHA 511                                                                             Nov 16-19 online. NIU

NIU is Northern Illinois University OSHA Education Center http://www.nsec.niu.edu

FREE machine Guarding https://www.nsec.niu.edu/nsec/course-schedules/free-courses/free-machinery-courses/index.shtml

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 2369 people this year. I teach evenings, weekends, early mornings too. I teach in Wisconsin, Illinois, Iowa, Minnesota, and Indiana.   

All presentations are put on slideshare.net for free downloading. I put this presentation at this link. https://www.slideshare.net/JohnNewquist/industry-forklift-and-meterial-handling-2020

I use your feedback to make changes to make corrections.

 

August 2020 OSHA News

 

OSHA News for August 2020

Hello,

August was nonstop writing with training thrown in.  I created a four hour competent person respirator fit test class that was popular. I realized that many have never done the fit testing and need to see it performed correctly in real-time for Bitrex and Irritant smoke.

This month’s powerpoint is Rigging for the construction industry. It has been 7 years since I sent out a ppt on that topic.

OSHA news was slow. I never saw a month without a $40,000 case from OSHA in 40 years. Yet, the Covid-19 virus means virtual OSHA inspections and not willful or big cases.

John

 

OSHA News.

1) Portable floor cranes are under ASME PALD. Here is a general duty clause citation.

OSH ACT of 1970 Section (5)(a)(1): The employer did not furnish employment and a place of employment which was free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees were exposed to struck by and crush hazards resulting from inadequate vehicle support stands being used: a) Manufacturing floor - On or about November 22, 2016 and at times prior thereto, vehicle support stands used to support forklifts were not adequately marked and identified with the rated capacity, safety marking, and manufacturer information exposing employees to struck by and crushing hazards. Abatement note: Among other methods, one feasible means of abatement for this hazard is to ensure that vehicle support stands comply with the general and vehicle support stand requirements of ASME/PALD (American Society of Mechanical Engineers/Portable Automotive Lifting Devices-Safety Standard for Portable Automotive Lifting Devices), 2009 edition, and ensure the following requirements are met: -All PALDs shall have the rated capacity marked in a prominent location on the PALD by casting imprint, metal stamp, or use of durable materials and attachment methods (ASME/PALD 2009 1.1). -Each PALD shall include identification or identifying marks of the original manufacturer or supplier by casting imprint, metal stamp, or use of durable materials and attachment methods. The manufacturer or supplier shall be able to identify the date of manufacture of each PALD (ASME/PALD 2009 1.2). -Each PALD shall include safety signs and/or labels developed by the manufacturer or supplier. The signs and/or labels shall be affixed by use of durable materials and attachment methods to each PALD in a location visible to the operator. The ANSI Z535 series of standards containing guidelines for product safety signs shall be followed (ASME/PALD 2009 1.3). -Safety markings shall conform to the ANSI Z535 series of standards. (a) Study, understand, and follow all instructions before operating this device. (b) Do not exceed rated capacity. (c) Use only on hard level surface. (d) Center load on saddle. (e) Use as a matched pair only. (f) Failure to heed these markings may result in personal injury and/or property damage. (g) Stands are not to be used to simultaneously support both ends of a vehicle (ASME/PALD 2009 4-3.1). -Additional safety messages include the following: (a) Stands are not to be used to simultaneously support both ends of a vehicle. (b) No alterations shall be made to this product (ASME/PALD 2009 4-3.2).

2)  OSHA cut back in inspections.

https://publicintegrity.org/politics/system-failure/deaths-cutbacks-workplace-safety-inspections-osha/?fbclid=IwAR3fic4qkxhDEvsZQw3fDX8XanfaqXsTIYcrUw5z5wB__74FBLLaA9R_884

3) Particles in the eye? Recordable?

If the foreign body is not embedded, removal by means of irrigation or the use of a cotton swab are considered first aid. Any other means of removal (e.g. spud, etc.) must be considered medical treatment.

 

https://www.osha.gov/laws-regs/standardinterpretations/1997-06-16?fbclid=IwAR3pmt5S1ChiptaJRqFxENsM_JNGGZs4L-1BBVfIkdWKW5CxQyOZbblP6kM

4) Can an employee request a manager to be their representative in an OSHA inspection?

Per the OSHA Field Operations Manual

Employer Interference.

Where entry has been allowed but the employer interferes with or limits any

important aspect of the inspection, the CSHO shall determine whether or not to

consider this action as a refusal. See §1903.7(b).

Examples of interference are employer refusals to permit:

Ø the walkaround;

Ø the examination of records essential to the inspection;

Ø the taking of essential photographs and/or videotapes;

Ø the inspection of a particular part of the premises;

Ø private employee interviews; or

Ø the attachment of sampling devices.

This is a very rare occurrence. Maybe 5 times in my 29 years. The union members usually would have a union Steward be there. A nonunion member is allowed a representative, but I would take the employee interview under deposition. I would probe to why this employee wants a manager present. Is there criminal coercion like I saw in the Abbott Contractors case? Is there criminal falsification of documents like the Stickle case? Both cases resulted in criminal charges against the managers. We saw last month two managers plead guilty to federal charges of lying to OSHA in the Extrudex case out of Ohio. We have seen criminal charges in Kansas City for consultants obstructing the OSHA investigation a couple of years ago.

 

 

 

 

Other Major News Stories.

 

1)  COVID-19 deaths ( I did not count the presumptive cases.

Friday, August 28, 2020 – 168367deaths, 5,869,692 infected

Friday, August 20, 2020 – 162236 deaths, 5,576,089 infected

Friday August 14, 2020 – 156704 deaths,  5,296, 7879 infected

Friday, August 7, 2020 - 148,048 deaths, 4,884,406 infected

2)  Exelon to close Bryon and Dresden nuclear plants.

https://www.newsbreak.com/illinois/byron/news/2049618895212/exelon-to-close-2-illinois-nuclear-power-plants-in-2021?fbclid=IwAR2IJ7VaHvLFraakje8VupXzA3iHxyoFNjdaf4mom1YhnI4ZdQ3BF-Tk5MA

3) Three dead in sewer in Indiana

https://www.nbcnews.com/news/us-news/3-people-dead-indiana-after-getting-trapped-inside-sewer-manhole-n1238055?fbclid=IwAR1Ibf6mnYuBiy6Z1Ohv2ZvWJVrVmSlk-lVsMKNwtmQ0QNpH-iPQZnvB0Rw

4) 11 year old dies in an auger at farm.

https://13wham.com/news/local/11-year-old-dies-in-penn-yan-farming-accident?fbclid=IwAR2oJZoXy0oLcf59ccz_AEWfoZS3mIUHidw35SHFb5sfZ5-gvAK__k1W9_o

5) Two Iowa workers die when hitting underground power line.

https://www.sfchronicle.com/news/article/2-utility-workers-die-after-striking-buried-15453039.php?fbclid=IwAR3fic4qkxhDEvsZQw3fDX8XanfaqXsTIYcrUw5z5wB__74FBLLaA9R_884

 

 

OSHA Citations

ZERO!!!! Over $40 K

 

Safety Training at Non-Profits (Check Sites for Starting Dates)

OSHA 10 Rockford                                                           Sep 22-23

NIU 7500 Intro to safety online                                  September 8

Machine Guarding Free Live Streaming                  September 3, 9, 24 , 28

7845 Recordkeeping                                                       Sep 16

7115 ‘Lockout                                                                    Sep 18

7105 Emergency Planning                                            Sep 29

NIU is Northern Illinois University OSHA Education Center http://www.nsec.niu.edu

FREE machine Guarding https://www.nsec.niu.edu/nsec/course-schedules/free-courses/free-machinery-courses/index.shtml

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 1874 people this year. I teach evenings, weekends, early mornings too. I teach in Wisconsin, Illinois, Iowa, Minnesota, and Indiana.   

All presentations are put on slideshare.net for free downloading. I put this presentation at this link. https://www.slideshare.net/JohnNewquist/rrigging-safety-2020

I use your feedback to make changes to make corrections.