OSHA news for february 2021

OSHA News for February 2021 Hello, What a short busy month! Training in person is popular again. Some companies have in classroom and online at the same time. This month’s powerpoint is Most Frequency cited for Construction in FY2020. It is good to see OSHA cite the program standards in the top 10. Over 2000 people viewed last month’s ppt on Linked-in. That is the highest ever. March 8 is the first FREE machine Guarding Class at NSEC. Completing it gets you a nice color machine guarding book. It is online via Zoom. Depositions are averaging twice a month. Multi-employer is the issue that gets the controlling employer. March is a good time to check the fall protection equipment. I am still seeing snaphooks and carabiner without marking on the gate to show that there is 3600 pounds of strength. ANSI A10.8 requires a scaffold tag program. It is industry practice to alert used that the scaffold is safe to use. John OSHA News. 1) Anthony Towey passed away this month. He was at the OSHA Training Institute in many roles. https://www.tributearchive.com/obituaries/20084463/Anthony-J-Towey/wall 2) Dr. Michaels wants OSHA to address ventilation. https://www.nj.com/opinion/2021/02/former-osha-head-were-getting-it-wrong-on-covid-workplace-safety.html?fbclid=IwAR22K83vh5IAORK57Lq78eMKm567raKMS4nC7EzkfIzjodMYVV8sDCBGCnI 3) A 14 year old died falling from a roof in construction. OSHA’s Howie Eberts interviewed. https://fox8.com/news/video-shows-14-year-old-boys-terrifying-fall-off-roof-while-doing-construction-contractor-cited/?fbclid=IwAR16-DuUBDmSL8Lb5gQqrv_Raz9hOTcfMfqTxkgaPOSsdJcTN2vlB556xWs 4) Big loss to OSHA on citing repeat violations. ISHN February 10, 2021 Megan E. Baroni, Christopher Y. Eddy, Peter R. Knight, and Jonathan H. Schaefer The Occupational Safety and Health Act provides for increased penalties for employers who fail to rectify conditions following an Occupational Safety and Health Administration (OSHA) citation resulting in a similar incident. Such “repeat citations” are an essential element of the Occupational Safety and Health Act (OSH Act) enforcement scheme. As OSHA practitioners and environmental, health and safety professionals know, avoiding repeat citations is often a central issue when resolving an OSHA enforcement matter. OSHA policy instructs the agency to consider several factors when determining whether to characterize a citation as “repeat.” One of those factors involves a situation in which there has been a change in corporate structure or ownership between the initial and subsequent violations. In such instances, OSHA will evaluate whether there is “substantial continuity” between entities that warrants characterization of a citation as “repeat.” If, however, there is enough change in the corporate structure between the initial and subsequent violation, the citation will not be classified as “repeat.” Based on these distinctions, the Tenth Circuit upheld the Commission’s decision and found that the Commission properly weighed and considered the three factors from the Sharon & Walter test. More specifically, the Tenth Circuit agreed that because the CVR Energy executives controlling safety-related decisions at Wynnewood LLC were not the same as those who previously controlled decisions at Wynnewood Inc., and the change in leadership resulted in marked changes to the safety policies and procedures at the refinery, the substantial continuity test was not met. 5) IL OSHA investigating Worker killed by Front End Loader. https://chicago.cbslocal.com/2021/02/12/man-struck-and-killed-by-city-salt-truck-on-south-side/ 6) Hazard alert. There are so many online Forklift "train the trainers classes" giving cards or certificates without checking if the student is qualified to train. I am seeing 20% of these trainers never run a forklift. One sells a training kit and you are an instant trainer. https://www.osha.gov/laws-regs/standardinterpretations/2003-07-23?fbclid=IwAR3FEFrUOJDXpSAyTEnE46ODGNlE-HxfU3cQxdABP5TJjcbpICHO0NGXhPQ Other Major News Stories. 1) COVID-19 deaths. I did not count the presumptive cases. Friday February 26, 2021 - 483770 Deaths, 28, 390,327 infected, 66.46 million vaccinated. Friday February 19, 2021 – 469388 deaths, 27,893,357 infected, 56.28 million vaccinated Friday February 12, 2021 – 450,310 deaths, 27,382,857 infected, 44.77 million vaccinated Friday February 5, 2021 – 431,151 deaths, 26, 654,972 infected, 33.88 million vaccinated 2) The Construction Safety Council has a virtual safety conference with CEUs. Watch any of the safety session recordings within 30 days and earn CEU credits. Visit the Construction Expo & Safety Conference website to see the complete schedule of events. Ergonomics and 70E updates are good topics. https://chicagoconstructionexpo.com/ 3) Two workers died when hit by backing dump truck. https://www.bostonherald.com/2021/02/24/boston-police-two-pedestrians-struck-with-life-threatening-injuries/?fbclid=IwAR2BZwJSZnkClR3k_5AcofvudQkxCo-0_Ht4mW10jFOSsD-N_43Im3xVY-s 4) APOLLO BEACH, Fla. - A contractor died while working at Tampa Electric’s Big Bend Power Station in Apollo Beach this morning, company officials have confirmed to FOX 13. https://www.fox13news.com/news/worker-dies-at-tecos-big-bend-power-plant?fbclid=IwAR1NbUpPkJSZamS3at1-ZN3yIvMU2yZufGanZOC9wvSucsSS53O1aUn8pHg 5) Anyone seen an exoskeleton used in a workplace? Here is the Ford one. https://www.youtube.com/watch?v=lWmFEoDjUc4 6) Four hurt in explosion at CA industrial park. https://apnews.com/article/fires-los-angeles-santa-clarita-d630e62db0ab3157f5b9b6adb8217a58?fbclid=IwAR03JY7HD0stsCxxhmQL0NiJ3BsV9J8cpB4V_QNwWJrXuHgLbAGeip9I_E8 7) OSHA appointed Joseph Hughes as Deputy Assistant Secretary for Pandemic and Emergency Response. Recent OSHA Citations State Inspection Number Employer City Issuance Date Initial Penalty AL 1488744.015 Polyplex USA, LLC DECATUR 02/08/2021 $162,199.00 CA 1488964.015 Hi-Grade Materials Co. INDIO 02/09/2021 $75,000.00 CA 1480866.015 State of California, Department of Corrections & Rehabilitation SAN QUENTIN 02/01/2021 $421,880.00 CA 1480866.015 State of California, Department of Corrections & Rehabilitation SAN QUENTIN 02/01/2021 $421,880.00 IL 1506367.015 MWM Construction, Inc. WHEATON 02/03/2021 $41,842.00 IL 1509682.015 Mango Construction, Inc. PARK RIDGE 02/01/2021 $49,777.00 KS 1504197.015 Redbarn Pet Products, LLC GREAT BEND 02/08/2021 $68,267.00 KS 1505825.015 Orbis Corporation OSAGE CITY 02/01/2021 $62,218.00 MA 1487711.015 Northern Wind, Inc. NEW BEDFORD 02/01/2021 $48,450.00 MO 1489160.015 Arrow Plumbing, LLC BLUE SPRINGS 02/12/2021 $299,590.00 NY 1486480.015 Alba Services, Inc. NEW YORK 02/01/2021 $98,303.00 NY 1487122.015 The Roofing Guys CICERO 02/03/2021 $90,111.00 OK 1502666.015 J & I Manufacturing, Inc. MADILL 02/08/2021 $136,532.00 WA 1512667.015 Maple Valley Fitness, Inc. MAPLE VALLEY 02/11/2021 $85,200.00 WA 1514088.015 Magics Pizza, LLC SELAH 02/11/2021 $48,000.00 WA 1514313.015 D&J Oestreich, LLC OKANOGAN 02/11/2021 $125,307.00 WA 1512861.015 Harbor Life Chiropractic PC GIG HARBOR 02/18/2021 $60,000.00 WA 1514085.015 Duling Enterprises, LLC LONGVIEW 02/18/2021 $180,000.00 WA 1512672.015 Duling Enterprises, LLC LONGVIEW 02/16/2021 $180,000.00 WA 1514310.015 Coles Coffee Shop, Inc. SPOKANE VALLEY 02/16/2021 $67,473.00 WA 1511927.015 Mountain Enterprises GB, Inc. GOLD BAR 02/04/2021 $60,000.00 WA 1514312.015 Maple Valley Fitness, Inc. MAPLE VALLEY 02/16/2021 $85,200.00 WA 1510994.015 Fowler Nat D & Mary M OLYMPIA 02/08/2021 $154,224.00 WI 1488772.015 Siny Corp. JANESVILLE 02/08/2021 $42,132.00 WI 1497877.015 Worthington Industries CHILTON 02/03/2021 $88,745.00 WI 1502124.015 Country Visions Cooperative OOSTBURG 02/02/2021 $173,591.00 WI 1490861.015 Milwaukee Valve Company, Inc. PRAIRIE DU SAC $107,284.00 Safety Training at Non-Profits (Check Sites for Starting Dates) OSHA 511 Online March 15-18 OSHA 10 NIU March 23-24 Machine Guarding NIU Online March 12, 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.shtmlCSC 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/ Global OSHA is https://www.globalosha.org/ 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 136 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/johnanewquist/fy20-most-frequently-cited-osha-standards-in-construction I use your feedback to make changes to make corrections.