Monday, August 31, 2020

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.

Saturday, August 1, 2020

OSHA News July 2020

OSHA News for July 2020
Hello,
July was a fast month. The training was uneven with some classes getting canceled. Onsite training is not as popular as pre-covid.  Companies are doing social distancing in the classroom and I wear the mask when teaching.  
I testified in Texas as an expert witness for ergonomics. The worker was hurt when he tried to push a 1000 pound wheel-less cart.  The case goes to whether it was employee misconduct or not.  I was surprised that the defense got the injured employee's ergonomic training from a prior employer.  
This month’s PowerPoint is PPE for the general industry. It is required to be taught in an OSHA 10 and 30-hour class. 
Keep social distancing and the mask on inside work. See you in September. 
 
John

OSHA News.
1) Corvid citation to Ohio Nursing home.
https://www.osha.gov/news/newsreleases/region5/07212020
2) FIGG Bridge Engineers suspended from Federal Contracts in Fatal bridge collapse.
https://www.constructiondive.com/news/citing-fiu-bridge-collapse-feds-propose-10-year-debarment-for-figg/582651/#:~:text=Dive%20Brief%3A,went%20into%20effect%20July%2014.
3) Nevada OSHA leads in citing COVID citations.
https://news.bloomberglaw.com/safety/nevada-osha-takes-lead-enforcing-worker-virus-protections?fbclid=IwAR3cCKPiTPERfRwys6ja9BOuyq8dNA4ZMo6-6MTXg5NBx_NEmk-OWRQ2Vxg
4) Mechanical Integrity win at the Court of Appeals for OSHA.
https://www.ehslawinsights.com/wp-content/uploads/sites/48/2020/07/epa2020_1288-002.pdf?fbclid=IwAR1vM7CDJ7HANI8rOfrmD5da2NNw1FFtyEfc4vRjp7HLM5xtO-HoH3LHDbI
5) Nice award for OSHA's Leslie Ptak from Madison.
Wisconsin Safety Council – the state’s leading provider of safety training and products – announced on Monday that Leslie Ptak is being honored with the organization’s Lifetime Achievement Award for her dedication, commitment and years of service to the safety industry.
Ptak spent her entire career with the Occupational Health and Safety Administration. She began as a summer intern and was later hired as a full-time industrial hygiene compliance officer at the Wilkes-Barre, Pennsylvania area office.
Her more than 30-year career also included stops in California, Illinois, and eventually Wisconsin serving in both enforcement and compliance assistance roles. Ptak holds a Bachelor of Science degree in Environmental Health Sciences and Industrial Hygiene from Illinois State University and retired from OSHA earlier this year.
“Leslie has been a tremendous partner of Wisconsin Safety Council for a number of years,” said Barb Deans, Wisconsin Safety Council Associate Director. “Her commitment to the safety profession is exemplary.”
Over her career that spanned six presidential administrations, Ptak oversaw the rollout of many vital OSHA standards and was part of the OSHA team that went to the World Trade Center after 9/11 to implement a safety plan for workers who had to enter the site.
Ptak also served on the WSC Conference Planning and Occupational Safety committees for numerous years.
“I can think of no one more deserving of this honor,” added Deans. “We wish Leslie a wonderful, happy and safe retirement.”
Ptak will be presented with the Wisconsin Safety Council Lifetime Achievement Award at the organization's upcoming Annual Conference in Wisconsin Dells from Sept. 1-2.
6) OSHA loses another heat case.  No scientific basis for the NWS Heat Index Chart.
https://ogletree.com/insights/judge-finds-no-scientific-basis-for-nws-heat-index-chart-used-by-osha-in-heat-stress-cases/?fbclid=IwAR26DCGIN8NTwTVsQISVJBKGv1-oij55VKK5_FIVhDgNYOFy40Y2I0J3oZw
7) Postal workers are dying in the heat.
https://www.huffpost.com/entry/postal-workers-heat-waves-climate-change_n_5efcc1ddc5b6ca9709180c2d?ncid=engmodushpmg00000003&fbclid=IwAR1AesZ8pc6V2ZgJ8OPe-Uyd43O_uNihaTA8kIIlVzQDF_m6twjYaqFufZc
8) Safety + Health Magazine interviewed me and many other safety professionals on COVID-19 and the future.
https://www.safetyandhealthmagazine.com/articles/19964-the-future-of-safety?fbclid=IwAR32Cnmcu-u0HpjBe5xyEhhNblNU94r6JLXblPLiEEqHkB_zdcF4kGh_9jA
9) OSHA cites $465,000 for Chicago candy maker.
https://www.chicagotribune.com/business/ct-biz-osha-ferrara-candy-machine-safety-violations-20200707-ro2eeswyw5bqxabj7fpdytosta-story.html?fbclid=IwAR0E9LaHwL22_9jWzmLJDQew90LceYk9lxexylyPV4b7VIPTIHqiXMXXNnQ
10) Smithfield fights OSHA on document requests.
The privacy issues are always kept by OSHA. I do not see the problem of giving OSHA the data.
https://www.argusleader.com/story/news/business-journal/2020/07/02/covid-south-dakota-smithfield-plant-pushing-stop-osha-subpoena/5368116002/?fbclid=IwAR0F4aLHvWek06dMwRuxKR5sZL82scpk1_DxaWMe1da2d6PPKHYVf4tf-3E
11) “Essentially, OSHA is AWOL,” said David Michaels, a former head of OSHA under the Obama administration who now teaches at George Washington University’s school of public health.
https://www.miamiherald.com/news/coronavirus/article243816822.html?fbclid=IwAR2DcXVxrIQBs-h2riboVISaq9C5N7JOFwNIswbdzZPjWH7LLa08fMzi6wY


Other Major News Stories.

1)  COVID-19 deaths ( I did not count the presumptive cases.
Friday July 31, 2020 – 140810 deaths,  4,264, 006 infected
Friday July 24 2020 - 133926  deaths, 4,038,864 infected
Friday July 17 2020 - 128762 deaths,  3,578,593 infected
Friday July 10, 2020 - 121050 deaths,  3,118,168 infected
Friday July 3, 2020 – 117784 deaths,  2,724,640 infected
2) Two dead in AZ trench collapse.
https://www.azfamily.com/news/two-construction-workers-dead-after-trench-collapse-in-west-phoenix/article_40dc3cd0-cd17-11ea-bc3f-4f44456ae05e.html?fbclid=IwAR2Rd_wPpPeJoBdO5IC0CkZHcCakgSEDnYhSGQbJnoCkr0jlaSHecFFL1Bw
3)  11th Arcelor Mittal Death at Burns Harbor in 10 years.
WBBM said that 393 workers have died at the facility from time Inland Steel owned it to present.
https://www.nwitimes.com/business/local/worker-dies-at-arcelormittal-indiana-harbor-in-east-chicago/article_98cf15b5-b4b0-5997-b296-0ef375233e63.html?fbclid=IwAR1Qd5BTI5XmOY-t5ZrTZZ1XwXEQ6hg2_21GJqVQfIQZUxj03zYfIwiy4YI
4) Most construction employers are evaluating crane operations and operators for OSHA requirements.
https://www.americancranesandtransport.com/nccco-foundation-polls-employers-on-operator-evaluations/145152.article?fbclid=IwAR2ZByHdHhTpK1ClDqO9-9zFma4elO-82fu0AVYzAmixaycpxkNT-Nc0sq0
5) Squirrel tests positive for bubonic plague.
https://abcnews.go.com/US/squirrel-tests-positive-bubonic-plague-colorado/story?id=71769840&cid=social_fb_abcn&fbclid=IwAR1_YTyUJfwab5rEt70R4Ysz__bNE_Tl9HTV5rrsnAOHZdaOurYbHeMQ064
6) Double fatality in TX due to sewer gases.
 https://www.kjas.com/news/local_news/article_833cdbb0-c22d-11ea-8283-fb276d0c2322.html?fbclid=IwAR1G20SO_ba_zsvpHYGjgaCDwkqAoGsmJpgmBQzP5jVahd9zgAZwaREVuwE
7) $4 billion stadium should have no deaths. The second worker died o the job at the Stadium in CA. No details.
https://www.wgmd.com/second-worker-dies-on-construction-site-of-chargers-rams-new-stadium/?fbclid=IwAR3RhSc-JV8lGNFauTSGDWBAR8041jooRh7HfB7A82CFAAomDtdNDfmGOXc
8) 160 dead workers in a landslide in Myanmar
https://www.chicagotribune.com/business/ct-biz-osha-ferrara-candy-machine-safety-violations-20200707-ro2eeswyw5bqxabj7fpdytosta-story.html?fbclid=IwAR0E9LaHwL22_9jWzmLJDQew90LceYk9lxexylyPV4b7VIPTIHqiXMXXNnQ

OSHA Citations
TX $497,920 Confined Space Death, Rail car cleaning.
OH $148,430 Residential roof fall willfuls, Roofer.
AL $218,192 Lockout jammed machine death, Lumber facilities.
GA $55,326 Caught in the conveyor. Saw mill.
FL $49,930  Fall, residential roof. Roofer.
GA $58,025 Fatal trench collapse, Telecom company.

Safety Training at Non-Profits (Check Sites for Starting Dates)
CSC 510 Aug 3-8
NIU 7510 Intro to OSHA Napervillle August 5
Machine Guarding Free Live Streaming August 10, 21
7005 Warehouse safety Online NIU Aug 11 week.
511 NIU Hoffman Estate Aug 17-20
7210 Panflu – Covid  online Aug 27-28
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 hours and the 500 series. I have been teaching many 10/30 hour classes 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/ppe-safety-237470147
I use your feedback to make changes to make corrections.

--
John Newquist
815-354-6853