OCt 2022 OSHA News

OSHA News for October 2022 Hello, It was good to see many at the ASSP conference. Dave Amos is retired and helping the conference. Robyn Coyne does Safety and Health at Harper College, and Eugene Saturn retired after 31 years with Exxonmobil. The month was hard with depositions from two large $55 billion- and $50 billion-dollar companies. The excellent defense attorneys go every detail in the CV and the expert report. With millions at stake, no one wants to lose. One trial was settled the night before. It was a multi-employer issue involving a scaffold. The General contractor has no scaffold tag program and that is the industry practice despite not being in OSHA. The ANSI A10.8 is clear on the use of red, yellow and green tags before other employees use the scaffold. Tool safety has been a popular topic since many companies are having recordable stitches from these tools from nail guns, grinders, hammers, saws, and mowers. This month ppt is from the ASSP conference. It was the largest attended presentation of the conference. Thank you. This covers the new LEP and NEP from OSHA. I have gone with the data from Zurich and others and eliminated handsfree calling. The first week is the hardest. I tell people to text as the car can read the text. The USAA app knows when I pick up the phone or makes a call so it good reminder. October is Fire Safety month. Show employees how to use a fire extinguisher. It might save your plant. John OSHA News. 1) Former Parsippany Area Director Kris Hoffman passed away. I had worked with Kris on the VPP project in DC in 2010. 2) A Massachusetts demolition company faces nearly $1.2 million in federal fines after an employee was killed in the March collapse of part of the Government Center during his first day on the job. https://www.wcvb.com/.../demolition-company.../41411041# 3) Ferrara fined by OSHA for allegedly exposing workers to amputation hazards at Bellwood candy factory https://www.chicagotribune.com/business/ct-biz-ferrara-candy-osha-violations-bellwood-20220928-krpzglafpnervaoxksop3lc7mi-story.html?fbclid=IwAR2n8DmdHtCz7ao1drH9K3KAnM4_Fcv7VZaVuh3uU5GRe-m194QyuJ_u9l8 4) Harwood Grants announced. Congrats to NIU, Latino Worker Center, Harper College, SIU, https://www.osha.gov/news/newsreleases/national/09222022?fbclid=IwAR2bye8ldEBpFAf3Yog_n1z2sQ1Jbo0rMQszPIZTTCE_QP7BfvmIli64q3w 5) John, thanks for introducing me to the importance of OSHA. Prior to meeting you, I had thought it was an underhanded funding arm of the US Gov. designed to oppress workers and employers. – TOM 6) OSHA head speaks at NDC conference “We have hired more than 400 employees recently and as we recruit and hire, we do it with diversity at the forefront. We recognize that if we have a workforce that better reflects the businesses, companies and employees we work with, the better we can enforce protocols.” https://ohsonline.com/articles/2022/09/20/osha-head-doug-parker-speaks-at-2022-nsc-congress.aspx?fbclid=IwAR2n8DmdHtCz7ao1drH9K3KAnM4_Fcv7VZaVuh3uU5GRe-m194QyuJ_u9l8 7) According to authorities on scene, a 47-year-old man, 19-year-old man and 14-year-old boy were trapped inside of a silo. The cause of the accident is not confirmed but neighbors say it was a ripple effect with one going to help the next as gas in the silo likely killed them in the process. https://www.yourerie.com/news/pennsylvania-news/3-dead-after-being-trapped-in-silo-on-centre-county-farm/?fbclid=IwAR1PbYv-2BfxkkYea8kP4CLNpiZGMh0O0gg3HEuBSAd0veQnu71l1xtSE58 8) Changes to OSHA SVEP program. https://www.osha.gov/news/newsreleases/national/09152022?fbclid=IwAR3NMsZuKnmCVfK8r3JFHIDNWerdPuyallMVgvqG8grGjF6gqHvO5-lNE1w 9) The most serious violations: Engineered Precision Casting Co. Inc. didn't train employees about the purpose of energy control procedures, and it didn't provide employees with information about hazardous chemicals in their work areas, the U.S. Occupational Safety and Health Administration said. Both of those were considered willful violations that carried penalties of $116,022 each. https://www.app.com/story/money/business/main-street/2022/09/09/middletown-nj-steelmaker-osha-violations-engineered-precision-casting-training-chemicals/67998317007/?fbclid=IwAR3yo_BKhI5OA9syOxEv_HxW288e_gpifUy8q6nYt_opTAqprhC5h6smpPc 10) IL tank cleaner fined $326K for worker death. https://cdllife.com/2022/illinois-truck-repair-company-fined-326k-for-death-of-worker-in-tanker/?fbclid=IwAR3No-gmFyl593pnrjxYLyUII7pVYuE9NCjZ-8yGZS16uoBIW88cW5PjoQ4 Other Major News Stories. 1) Charter to pay $1.1 for hiring a criminal and not dealing with the red flags. . Former Spectrum technician Roy Holden pleaded guilty to the 2019 murder of customer Betty Thomas and was sentenced to life in prison in April 2021. Charter was accused of hiring Holden without verifying his employment history and ignoring a series of red flags about his behavior, which included stealing credit cards and checks from elderly female customers. https://arstechnica.com/tech-policy/2022/09/judge-rules-charter-must-pay-1-1-billion-after-murder-of-cable-customer/ 2) https://www.findsafetytrainers.com/ has 11,000 safety trainers listed. Wow. 3) CENTRALIA — Marion County Coroner Troy Cannon has released the name of the worker killed in a trench collapse Monday morning in Centralia. Cannon says 54-year-old Darrell McCammack, of rural Brownstown, was reportedly covered with dirt when one wall of the trench at East Kerr Street and North Poplar in Centralia collapsed. McCammack was pronounced dead at the scene. 4) COLUMBIA, S.C. — A 63-year-old worker died in the public bathroom of a South Carolina department store, but her body was not discovered for four days, authorities said. https://www.nbcnews.com/news/us-news/worker-was-dead-belk-store-bathroom-four-days-found-rcna48879?fbclid=IwAR1Jx6kdATe07aHwMPh6Rpm53iDoe7R724cr_ydb8lMX9o0QdEFAQoRzzY8 5) Two employees died during BP (BP) refinery fire OREGON, Ohio (WTVG) - The BP Husky Toledo Refinery has been shut down after two people lost their lives in a fire at the facility Tuesday. https://www.13abc.com/2022/09/20/crews-battling-fire-bp-refinery/?fbclid=IwAR1kWU7BucGPWor1gqqf8IYTu-O5OGhTplRWBCDzzz3EO4os0urqYfRWJc4 6) Background check? no? 1.1 Billion Charter Communications must pay over $1.1 billion to the estate and family of an 83-year-old woman murdered in her home by a Spectrum cable technician, a Dallas County Court judge ruled yesterday. https://arstechnica.com/tech-policy/2022/09/judge-rules-charter-must-pay-1-1-billion-after-murder-of-cable-customer/?fbclid=IwAR1GEtmgqVFZHsfB3oSgq9JTlvs5alTUqiJk7olQHMsdF66R7g2lSsdqHMw 7) Michael Osika, of the 700 block of Moraine Street, died Saturday at the University of Chicago Medical Center as a result of his injuries from the accident at Cleveland-Cliffs’s Indiana Harbor facility, according to the Cook County Medical Examiner’s office. He was 44. https://www.wane.com/news/indiana/steelworker-dies-after-industrial-accident-at-northwest-indiana-mill/?fbclid=IwAR2n8DmdHtCz7ao1drH9K3KAnM4_Fcv7VZaVuh3uU5GRe-m194QyuJ_u9l8 8) No answers in old Chrysler plant death. https://www.wsws.org/en/articles/2022/09/19/belv-s19.html?fbclid=IwAR3okazwylVQBQy63JJQDaij7zIFsFKJcWX09Fd6xEFi_W51nT4apJHp5XY 9) Angel Cortez was among a team of four subcontractors repainting city fire hydrants Aug. 23. According to police, he dropped his phone near 80th Street and Old Cheney Road while riding on the back of the slow-moving truck, lost his footing as he stepped off to try to retrieve the phone and fell and struck his head. https://journalstar.com/news/local/crime-and-courts/worker-who-fell-from-truck-in-lincoln-died-days-later/article_3e1c40ba-2cae-596e-849d-30e7191bc691.html?fbclid=IwAR10huhTI_Ko3zYG7K-_GDRQn_EEJVgsjRVNsRWgs8GWpXpgPabqtMTMnHs 10) A 46-year-old worker died Monday morning on a Lendlease jobsite in New York City, when a large part of an excavator arm fell on him, according to the New York City Department of Buildings https://www.constructiondive.com/news/worker-killed-brooklyn-nyc-accident-lendlease-jobsite-new-york-city/631758/?fbclid=IwAR3m9fvXSL4TEmqdcQUkBOGFT0kZg3sevaOZs7VXH5efJG8hddbxbmn7lV8 11) Tynenol and Autism. A link? https://hub.jhu.edu/2019/11/05/acetaminophen-pregnancy-autism-adhd/?fbclid=IwAR1NvXYHHSy4uFrDcZyiub5MXdCi5DqXNQM4HFQZKHyz3DM0mnoJWzI-LC8 12) The National Safety Council reported that drivers who use a handheld or hands-free cellphone while driving are four times more likely to be in a car accident. Zurich says: However, research shows the cognitive distraction of even speaking on a phone creates its own, significant dangers. https://www.zurichna.com/knowledge/articles/2020/10/the-illusion-of-safety-distracted-driving-and-hands-free-device-use?fbclid=IwAR3n4VHrjhIEXgnLlID_VCCNDEYYBYMUSpD8bZHUErStgNwtwrpwqaagf1g The employer will counter with six predictable defenses to an OSHA citation. 1. The employee was exposed and the employer had no reason to believe that the exposure would occur. A photo of the hazard is one step. The other is the interview or proof that the employer know that the employee would be near the hazard. This can be done via an interview, signed statement or deposition. Many fatalities have this defense come up. I call it the head in the sand defense. 2. The employee violated the safety rule and exposed himself to a hazard. This requires the CSHO to get proof of the employer's written safety rule, proof the that training in the rule took place, the past audits, and the employer's discipline program. Very common with the employee not wearing PPE. 3. The violation just occurred unbeknownst to the employer. This requires the CSHO to get proof of the conditions' duration via interviews. Very common on fall protection citations. Someone took off the cover or guardrails etc. 4. The employer was in the midst of getting the hazard fixed and took precautions. Again interviews are necessary to establish what the employer knew of the hazards and a timeline of the action to fix the hazard. Common in trenching, PSM and housekeeping 5. The abatement will create a hazard equal or greater than the cited condition. This is requires the CSHO to know how long it would take to fix the cited condition and whether there is a longer employee exposure to the condition. Used on roofs by Dish TV installers, short term fall hazards etc. . 6. The condition is impossible to fix. I see this come up where there is no OSHA anchorage for the employee to tie off onto like in demolition or rotted roof. OSHA CITATIONS August-September 2022 CA 1582928.015 T-Y Nursery, Inc. TRABUCO CANYON 08/22/2022 $55,935.00 CO 1583680.015 Dynamic Metal Fabrication, Inc. THORNTON 08/22/2022 $99,444.00 MD 1600264.015 ALB Construction LLC FREDERICK 08/22/2022 $63,400.00 NY 1582234.015 Royal Caribbean Jamaican Bakery, Inc. MOUNT VERNON 08/22/2022 $89,504.00 OH 1606500.015 Vega Renovations LLC FINDLAY 08/22/2022 $72,511.00 TX 1580441.015 Carlos Arturo Guerrero, LLC SABINE PASS 08/22/2022 $140,055.00 TX 1580460.015 PH Steel, Inc. SABINE PASS 08/22/2022 $72,511.00 TX 1595649.015 Penney OPCP, LLC AUSTIN 08/22/2022 $40,503.00 MA 1587424.015 Marlboro Hills MA SNF LLC MARLBOROUGH 08/23/2022 $162,081.00 MN 1587296.015 Green Construction Services Inc. OSSEO 08/23/2022 $50,000.00 MO 1591192.015 HERNANDEZ CONSTRUCTION AND MORE LLC KANSAS CITY 08/23/2022 $79,761.00 MO 1593332.015 HERNANDEZ CONSTRUCTION AND MORE LLC KANSAS CITY 08/23/2022 $145,027.00 NJ 1584401.015 Builders FirstSource Inc. LITTLE FALLS 08/23/2022 $49,722.00 NJ 1615154.015 All Best Contractors Corp. LITTLE FALLS 08/23/2022 $60,906.00 NJ 1595069.015 Freitas Construction LLC PATERSON 08/23/2022 $63,812.00 OH 1589850.015 Xaloy LLC AUSTINTOWN 08/23/2022 $79,989.00 OH 1608786.015 Jara Construction Inc. DELAWARE 08/23/2022 $63,812.00 OH 1607122.015 American Excelsior Company NORWALK 08/23/2022 $72,510.00 TX 1590738.015 Alamo Masonry CC, LLC DENTON 08/23/2022 $131,965.00 CA 1587407.015 Dr. Smoothie Enterprises FULLERTON 08/24/2022 $42,090.00 NJ 1614033.015 Borough of Woodland Park, Department of Public Works WOODLAND PARK 08/24/2022 $45,500.00 TX 1591733.015 Turn Key Utility Construction, Inc. JUSTIN 08/24/2022 $40,607.00 KS 1582768.015 Americold Logistics, LLC WICHITA 08/25/2022 $188,526.00 PR 1581799.015 DS ARECIBO 08/25/2022 $45,000.00 TX 1581577.015 C H Guenther & Son DUNCANVILLE 08/25/2022 $89,035.00 TX 1591375.015 McCown Veneer, Inc. JACKSONVILLE 08/25/2022 $44,957.00 CT 1580830.015 Phoenix Environmental Laboratories, Inc. MANCHESTER 08/26/2022 $907,253.00 DE 1594084.015 H.K. Griffith Inc. WILMINGTON 08/26/2022 $50,120.00 NJ 1608014.015 Freedom Forever LLC CLIFTON 08/26/2022 $58,008.00 NY 1598609.015 Savage & Sons Installations, LLC ROCHESTER 08/26/2022 $52,208.00 OH 1589791.015 Omni Manor, Inc. COLUMBIANA 08/26/2022 $124,320.00 TN 1596839.015 Assurance Operations Corporation LAWRENCEBURG 08/26/2022 $46,000.00 WI 1586794.015 Dollar Tree Stores, Inc. GRAFTON 08/26/2022 $91,157.00 AR 1582030.015 L & R Distributors Inc. PINE BLUFF 08/29/2022 $68,368.00 CO 1582875.015 Prime Window Systems LLC DENVER 08/29/2022 $47,652.00 CO 1581632.015 Lindsay Precast, Inc. COLORADO SPRINGS 08/29/2022 $203,035.00 MS 1595710.015 Vicksburg Healthcare, LLC VICKSBURG 08/29/2022 $47,651.00 NJ 1608539.015 Township of Middletown Sewerage Authority BELFORD 08/29/2022 $70,700.00 WA 1593423.015 ALLWAYS ROOFING INC. MUKILTEO 08/29/2022 $201,727.00 FL 1603406.015 Travelcamp, LLC JACKSONVILLE 08/30/2022 $73,675.00 GA 1586138.015 Cosentino C & C of North America RINCON 08/30/2022 $53,869.00 MD 1591960.015 Unity Disposal & Recycling, LLC LAUREL 08/30/2022 $79,025.00 NJ 1582579.015 SCP Distributors LLC LAKEWOOD 08/30/2022 $180,246.00 OH 1589265.015 Pallet Distributors Inc. SUGARCREEK 08/30/2022 $65,405.00 OH 1608455.015 Pasato Construction LLC PLAIN CITY 08/30/2022 $45,582.00 TX 1591176.015 Titan Metal Fabricators, Inc. SEALY 08/30/2022 $47,855.00 CA 1583387.015 Spreckels Sugar Company, Inc. IMPERIAL 08/31/2022 $56,250.00 IL 1583381.015 Taste of Nature, Inc. MELROSE PARK 08/31/2022 $50,346.00 IL 1583688.015 Taste of Nature, Inc. MELROSE PARK 08/31/2022 $59,669.00 NJ 1607951.015 Majestic Builders NJ, LLC HASBROUCK HEIGHTS 08/31/2022 $78,169.00 OH 1599220.015 Pennant Moldings, Inc. SABINA 08/31/2022 $52,208.00 AL 1601103.015 Empire Steel Erectors BAY MINETTE 09/01/2022 $80,222.00 IL 1610892.015 Radienz Living Chicago, LLC MOUNT PROSPECT 09/01/2022 $41,436.00 MO 1582675.015 Fairfield Processing Corporation SAINT LOUIS 09/01/2022 $133,755.00 NJ 1581317.015 Steel Building Components, LLC EDISON 09/01/2022 $154,762.00 OH 1582147.015 Woodbridge Englewood Inc. DBA Hematite Inc. CLAYTON 09/01/2022 $271,403.00 OH 1595486.015 UFP Industries, Inc. BLANCHESTER 09/01/2022 $56,352.00 WA 1582722.015 DEPARTMENT OF CORRECTIONS/STAFFORD CREEK ABERDEEN 09/01/2022 $84,400.00 AL 1584541.015 Wayne Farms LLC DECATUR 09/02/2022 $87,012.00 GA 1599740.015 NATIONAL BEEF PACKING COMPANY, LLC MOULTRIE 09/02/2022 $47,064.00 IA 1605499.015 XPO Logistics DES MOINES 09/02/2022 $47,236.00 IL 1597291.015 Gelly Excavating & Construction Inc. JERSEYVILLE 09/02/2022 $58,011.00 IL 1587314.015 Techo-Bloc Midwest Corp. ROCK ISLAND 09/02/2022 $103,593.00 KY 1582410.015 LANIGAN CONSTRUCTION LLC TAYLOR MILL 09/02/2022 $43,750.00 NJ 1582892.015 The Engineered Precision Casting Company MIDDLETOWN 09/02/2022 $303,106.00 WI 1586407.015 AFW Foundry Inc. LANNON 09/02/2022 $59,096.00 AK 1604546.015 Ideal Option LLC ANCHORAGE 09/06/2022 $49,321.00 AK 1597859.015 RPR, Inc. PALMER 09/06/2022 $119,642.00 CA 1584211.015 Eat Sweet Farms, LLC SANTA MARIA 09/06/2022 $40,685.00 IL 1582106.015 B & R Repair, Inc. LEMONT 09/06/2022 $326,306.00 IL 1600276.015 BWAY Corporation dba Mauser Packaging Solutions CHICAGO 09/06/2022 $59,253.00 SD 1585438.015 Fermentationexperts, Inc. SIOUX FALLS 09/06/2022 $66,075.00 TX 1595720.015 Cartamundi Dallas, Inc. DALLAS 09/06/2022 $124,303.00 TX 1596967.015 Cargill Inc. ROUND ROCK 09/06/2022 $43,508.00 TX 1594208.015 Blue Dolphin Energy Company NIXON 09/06/2022 $101,514.00 WI 1583661.015 Grande Cheese Co. WYOCENA 09/06/2022 $58,008.00 MI 1592289.015 Prairie Farms Dairy Inc. BATTLE CREEK 09/07/2022 $188,800.00 CA 1605157.015 Johns Manville WILLOWS 09/08/2022 $51,815.00 GA 1589752.015 SOUTHERN TEA, LLC MARIETTA 09/08/2022 $55,119.00 IL 1614221.015 Miller Building Systems LLC SAVOY 09/08/2022 $71,101.00 IL 1604927.015 J & K Enterprises of Chicago, Inc. dba J & K Home Improvement & Restoration MOKENA 09/09/2022 $41,021.00 IL 1588430.015 Ferrara Candy Company BELLWOOD 09/09/2022 $201,379.00 IL 1618872.015 Torres Construction, LLC LEBANON 09/09/2022 $41,021.00 LA 1584871.015 Richards Cajun Foods Corp. CHURCH POINT 09/09/2022 $40,604.00 DE 1583746.015 Delmarva Roofing and Coating, Inc. REHOBOTH BEACH 09/12/2022 $78,166.00 OH 1585630.015 COLUMBIANA BOILER COMPANY, LLC COLUMBIANA 09/12/2022 $69,614.00 OR 1598723.015 Iron Head Roofing LLC SALEM 09/13/2022 $78,000.00 OR 1601877.015 JMJ Construction LLC WOODBURN 09/13/2022 $66,900.00 AR 1584126.015 Furniture Row USA, LLC CONWAY 09/14/2022 $44,130.00 MN 1602490.015 Minnesota Valley Electric Cooperative MONTGOMERY 09/14/2022 $50,000.00 NC 1584873.015 Onsite Development, LLC CHARLOTTE 09/14/2022 $82,600.00 TX 1587972.015 Dollar Tree Stores, Inc. SULPHUR SPRINGS 09/14/2022 $296,274.00 AL 1583914.015 Wellborn Cabinet, Inc. ASHLAND 09/15/2022 $115,188.00 CA 1595597.015 Shimmick Construction HUNTINGTON BEACH 09/15/2022 $73,325.00 IA 1598039.015 Eddyville Chlor Alkali, LLC EDDYVILLE 09/15/2022 $50,138.00 PA 1585086.015 JPC GROUP INC. PHILADELPHIA 09/15/2022 $58,008.00 NY 1584546.015 Lakeside Baking Company Inc. SYRACUSE 09/16/2022 $50,760.00 OR 1614734.015 OHA HS Oregon State Hospital SALEM 09/16/2022 $54,180.00 TX 1611278.015 Benton-Georgia, LLC HELOTES 09/16/2022 $51,795.00 WI 1583561.015 Johnson Brass & Machine Foundry, Inc. SAUKVILLE 09/16/2022 $142,956.00 WA 1618909.015 TWO RIVERS TERMINAL LLC MOSES LAKE 09/19/2022 $192,620.00 IL 1590012.015 Continental Tire The Americas, LLC MOUNT VERNON 09/20/2022 $174,031.00 KY 1587750.015 JB ROOFING CONSTRUCTION LLC LOUISVILLE 09/20/2022 $70,000.00 WA 1589063.015 PACIFICA SYLVAN PARK LLC VANCOUVER 09/20/2022 $40,300.00 OH 1586564.015 The Ferry Cap & Set Screw Company LAKEWOOD 09/23/2022 $211,261.00 Safety Training at Non-Profits (Check Sites for Starting Dates) NIU Napervile 511 October 17-20 Globalosha CSHT prep October 24-28 Global OSHA is https://www.globalosha.org/online-training 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 taught 1635 people this year. I teach evenings, weekends, early mornings too. I teach in Wisconsin, Illinois, Iowa, Minnesota, and Indiana. The powerpoint is posted free at usmwf.org I use your feedback to make changes to make corrections.