September OSHA 2023 News

OSHA News for September 2023 Hello, Where did the month go? I was busy with legal and training and only got in two audits this month. Monday was a four hours deposition. The defense firm has over 900 lawyers in its law firm. The Law Firms in the Loop are all good on both sides. Record 6 deaths in wood chippers since Jan 2022. all over 42 years old. What is going on? If you’re the CEO and get the safety audits, it is important to you get the issues fixed or assigned. You can not blame people when these issues are over a year old and someone dies. In accordance with 29 CFR § 1910.28(b)(13)(iii)(A), when work is performed 15 feet or more from the roof edge, each employee must be protected from falling by a guardrail system, a safety net system, a travel restraint system, personal fall arrest system, or a designated area. This is present at 70% of the companies for roof exposure. It is your interest to install guardrails or equivalent at the roof edge. I found 281 conveyor injuries in 2023. 140 were amputations. Many did not guard the in running nip points. ANSI B20.1 requires emergency stops/pull cords to help a worker caught in the machine. 1910.212(a)(1) requires guarding of the in running nip point. Do you use nitrogen? Do you have a nitrogen safety program? 100% of the companies that I have visited have no program for nitrogen safety. There have been 12 work fatalities since 2020 with nitrogen asphyxiation. Monitoring for leaks is key. Provided an oxygen detector and alarms. See the CGA guidelines. https://www.cganet.com/wp-content/uploads/Safe-Use-of-Liquid-Nitrogen-11x17_Self-Print_200130.pdf This Month PowerPoint is Most Frequently Cited Construction by Subpart. I cannot find the industry version. October is Frie Safety Month. Good time for the fire exit checks, changing smoke alarm batteries, and annual fire extinguisher examination. John OSHA News. 1. Congrats to NIU, CSC, LWRC, Purdue, Harper, for getting a Harwood grant https://www.osha.gov/sites/default/files/2023_SHTGP_Awardees_Abstracts.pdf?fbclid=IwAR0q3-KUzMEquj2HYN7mGkQq7hgmhiBJ8xi3o3NEaRMUC7I4_GXFVFUhwfs 2. Dollar Tree and active shooter. https://jaxtrib.org/2023/09/15/dollar-general-faces-federal-probe-did-clutter-hinder-escape-in-jacksonville-shooting/?fbclid=IwAR0RDRQiDbynRHfgQTAtfkoyAGwE-uZNeByZCv2Yoa_RYkjox26ZG3RwTIg 3. MN approves ergo rules. https://mn.gov/admin/government/risk/safety-loss-control/ergonomics/ 4. Excerpts from house hearing. The Occupational Safety and Health Administration (OSHA) came in for blistering criticism from House Republicans at a hearing Wednesday, as Democrats defended the agency's work in the face of underfunding. Rep. Kevin Kiley (R-Calif.), chairman of the House Education & the Workforce Committee's Workforce Protections Subcommittee, started the hearing by mentioning that OSHA head Douglas Parker ran California's OSHA office -- also known as Cal OSHA -- during the first 2 years of the COVID-19 pandemic. "In June 2021, Cal OSHA proposed a rule that employees could go without masks in the workplace if and only if every worker present was vaccinated," said Kiley. "So a single identified unvaccinated employee would cause all employees to have to wear masks ... The rule was so widely criticized that Cal OSHA reversed itself the following week, but still forced employers to collect vaccination information from employees." "It was indicative of the uncertainty and irrationality that marked the COVID experience for businesses and workers in the state," he continued, adding that shortly after Parker was sworn into his current position, "OSHA published an emergency rule on workplace COVID-19 vaccination. The rule required employers with a total of 100 or more employees to develop, implement, and enforce a mandatory COVID-19 vaccination policy. Within 2 months, the Supreme Court ruled that OSHA had exceeded its authority in an unprecedented way." Rep. Mary Miller (R-Ill.) also lambasted Parker for the COVID emergency rule, which would have affected 84 million workers. "Now you want to tell Americans which Big Pharma shots they must take," she said. "I'm going to introduce amendments to strip you of your power and funding to protect the 84 million Americans who do not want to show you their vaccine papers ... OSHA needs to be reined in. They have gone far beyond their minor, limited mission." But Rep. Alma Adams (D-N.C.), the subcommittee's ranking member, defended the agency. "There's no question that OSHA is our nation's main line of defense against unsafe working conditions," she said. "In the 53 years since OSHA was created in 1970, worker injuries have fallen significantly and deaths from acute traumatic injuries have likewise come down sharply. Unfortunately, too many workers continue to be injured, made ill, or killed on the job." Because of chronic underfunding of OSHA by Congress, workers "are losing their lives to preventable hazards," said Adams. "Since fiscal year 2010, funding for OSHA has dropped by nearly 20% and in 2021, the number of OSHA inspectors was already near its lowest level ever ... It is disappointing to hear my colleagues proclaim that they care about workplace safety and then push for legislation like the Nullify Occupational Safety and Health Administration Actopens in a new tab or window" which would abolish the agency. And proposed Republican budget cuts "would slash OSHA's budget by 22%, causing OSHA to lose at least 270 inspectors and conduct 10,800 fewer inspections," she said. Parker, the hearing's lone witness, appeared unruffled during the proceedings. When Miller accused Parker of ignoring the Supreme Court and continuing "to press companies to fire American workers," Parker responded, "That's categorically untrue. We didn't threaten anyone and we didn't demand that anyone be fired ... Congresswoman, I believe that the American people expect their government to take on the big problems that are facing them. More than a million people have died of COVID [in the U.S.]." Miller responded by calling Parker "inept" and adding that the rule would have "terrorized our economy." OSHA's work on developing a standard to protect workers from extreme heat either indoors or outdoors also came under discussion. Rep. Mark Takano (D-Calif.) thanked Parker for his work to improve safety at warehouses and industrial facilities, noting that when he and a colleague toured a certain Massachusetts factory, "we expected to encounter a stuffy interior with all the machinery going. However, I was pleasantly surprised to encounter cool air coming from the circulated air conditioning system. This highlighted for me that really good employers know what they have to do to protect workers." Parker said that the agency learned from employers "that providing rest can lead to productivity gains. Workers slow down when they're overheated, and they're more prone to less mental focus. 5. IG on OSHA and Warehouses. https://www.cbsnews.com/chicago/news/inspector-general-says-osha-needs-to-do-more-to-protect-warehouse-workers/ 6. Death at a Miami-area strip club resulted from ‘willful’ safety violation, agency says Read more at: https://www.miamiherald.com/news/business/article279814399.html#storylink=cpy 7. With terrorism in mind, the US Occupational Safety and Health Administration created a policy to oversee companies that clean up and build a new after disasters. Decades later, it fails to protect workers responding to climate-fueled disasters. https://publicintegrity.org/environment/toxic-labor/birth-of-an-osha-policy/ 8. Department of Labor will seek public input, ideas to improve OSHA whistleblower program outreach, training at October meeting Public comments must be submitted by Nov. 7, 2023 https://www.osha.gov/news/newsreleases/trade/09282023 Other News 1. Cutoff saw deaths are several since 2000. Most have no training in the kickback zone. Not a Freak Accident. https://www.reviewjournal.com/local/the-strip/labor-union-leader-calls-bellagio-death-a-freak-accident-911-audio-released-2911176/ 2. Second F1 death in 4 months. Chicago had one this summer. https://apnews.com/article/worker-killed-vegas-strip-auto-race-grandstand-3baf39507158b5e20a72434e3b42d387?fbclid=IwAR3vhi_pHDfJgfNZ2IYGIWUpFs0x7xU2gAcB_m2hzCTWyOLxH6RrBg_gBL8 3. Silicosis in LA https://www.latimes.com/california/story/2023-09-24/silicosis-countertop-workers-engineered-stone?fbclid=IwAR3IA1Nmj2D3YoU5xP2QK7FQZq-D7ihbow2lz4Z_M9A7EZfYV2JIIAf6Ln8 4. Toxic release evacuates a railyard. https://news.yahoo.com/explosion-train-carrying-toxic-acid-063136276.html 5. Several hurt in ADM IL explosion https://nypost.com/2023/09/11/illinoisexplosion-rips-through-illinois-adm-plant-injuring-several-employees/?utm_source=facebook_sitebuttons&utm_medium=site%20buttons&utm_campaign=site%20buttons&fbclid=IwAR0VkQyXQtAqlcce1vnyblXXlPZ-I8tSTVKslBHy2oe_M903BfVFYVJDMMA OSHA CITATIONS Aug 21 to Sep 15 TX 1657075.015 Holmes Foods, Inc. NIXON 09/15/2023 $60,269.00 WA 1679953.015 MOES HOME COLLECTION INC. KENT 09/15/2023 $54,000.00 WA 1661041.015 VALENTINE ROOFING LLC EVERETT 09/14/2023 $46,200.00 IL 1661799.015 ALLIED-LOCKE INDUSTRIES, INCORPORATED DIXON 09/13/2023 $46,875.00 OH 1658790.015 Mahle Engine Components USA, Inc. MCCONNELSVILLE 09/12/2023 $78,125.00 TX 1662636.015 ChromaScape, LLC ATLANTA 09/12/2023 $46,208.00 WA 1661049.015 SSHI LLC PUYALLUP 09/12/2023 $66,000.00 WA 1667945.015 VELASQUEZ ROOFING LLC KENNEWICK 09/12/2023 $46,500.00 IL 1692386.015 C&E Remodeling LLC MAHOMET 09/11/2023 $44,198.00 NE 1664207.015 Green Plains Wood River LLC WOOD RIVER 09/11/2023 $42,412.00 PA 1656089.015 Kunzler & Company, Inc. LANCASTER 09/11/2023 $92,640.00 PA 1674012.015 Kunzler & Company, Inc. LANCASTER 09/11/2023 $41,742.00 TX 1690306.015 VALLEY RIDGE ROOFING AND CONSTRUCTION LLC PLANO 09/11/2023 $53,127.00 WA 1659166.015 SSHI LLC POULSBO 09/11/2023 $99,000.00 FL 1658289.015 Blume Mechanical, LLC SAINT PETERSBURG 09/08/2023 $48,220.00 KY 1694445.015 CLAYTON PROPERTIES GROUP INC. LOUISVILLE 09/08/2023 $50,400.00 OH 1659489.015 C.R.H. Roofing LLC UNIONTOWN 09/08/2023 $132,596.00 OH 1676422.015 C.R.H. Roofing LLC TALLMADGE 09/08/2023 $162,061.00 TX 1664295.015 Reddy Ice LLC HOUSTON 09/08/2023 $46,875.00 TX 1693557.015 Axton, LLC CIBOLO 09/08/2023 $53,980.00 WI 1658799.015 Wolf Appliance, Inc. FITCHBURG 09/08/2023 $48,218.00 WI 1659882.015 Ewald Automotive Group, LLC CUDAHY 09/08/2023 $118,304.00 FL 1657202.015 Foley Products Company, LLC CANTONMENT 09/07/2023 $245,546.00 OH 1655706.015 JMH Roofing LLC UNIONTOWN 09/07/2023 $132,596.00 OH 1659494.015 JMH Roofing LLC UNIONTOWN 09/07/2023 $132,596.00 OH 1664784.015 JMH Roofing LLC CANTON 09/07/2023 $151,013.00 OH 1674136.015 JMH Roofing LLC WESTLAKE 09/07/2023 $132,596.00 PA 1655395.015 Custom Container Solutions, LLC MILTON 09/07/2023 $401,804.00 PA 1658301.015 Custom Container Solutions, LLC MILTON 09/07/2023 $82,597.00 DE 1655868.015 Miguel Nunez SMYRNA 09/06/2023 $62,056.00 DE 1686108.015 Road Contractor Corp. MIDDLETOWN 09/06/2023 $47,144.00 NV 1657237.015 Dollar Tree Stores, Inc. LAS VEGAS 09/06/2023 $73,667.00 TX 1664911.015 Pallet Logistics of America, LLC DALLAS 09/06/2023 $236,611.00 GU 1669947.015 Superman Corporation MANGILAO 09/05/2023 $73,219.00 MA 1672802.015 J&Z Roofing and Construction Inc. PITTSFIELD 09/05/2023 $43,752.00 OK 1657274.015 W.H. Braum, Inc. TUTTLE 09/05/2023 $55,807.00 OK 1657906.015 W.H. Braum, Inc. TUTTLE 09/05/2023 $80,358.00 TN 1665536.015 Rodriguez Paving and Foundation SEVIERVILLE 09/05/2023 $42,400.00 TN 1689133.015 Associated Construction TN LLC NASHVILLE 09/05/2023 $58,000.00 TX 1690316.015 Russell Transport Inc. EL PASO 09/05/2023 $45,329.00 TX 1656783.015 Inteplast Group Corporation LOLITA 09/05/2023 $132,813.00 WA 1665975.015 VALENTINE ROOFING LLC BREMERTON 09/05/2023 $65,100.00 AZ 1669988.015 Nammo Defense Systems Inc. MESA 09/01/2023 $84,821.00 FL 1686359.015 Tuuci, LLC HIALEAH 09/01/2023 $40,176.00 IL 1673876.015 T/J Fabricators, Inc. ADDISON 09/01/2023 $43,752.00 NJ 1654274.015 ASF Construction & Excavation Corp. NEWARK 09/01/2023 $60,156.00 NM 1656174.015 Consolidated Builders of NM, LLC ALBUQUERQUE 09/01/2023 $331,475.00 WI 1664959.015 GYX Roofing and Siding LLC DE PERE 09/01/2023 $66,969.00 AK 1659716.015 Alaska Marine Trucking WHITTIER 08/31/2023 $51,341.00 CT 1657743.015 Gracie's Kitchens Inc. NEW HAVEN 08/31/2023 $78,126.00 FL 1654482.015 SEALED TIGHT ROOFING INC. MIAMI GARDENS 08/31/2023 $84,379.00 NJ 1694285.015 Majestic Contracting Inc. FRANKLIN LAKES 08/31/2023 $46,163.00 NY 1678584.015 Highridge Construction Corp. SCARSDALE 08/31/2023 $54,020.00 NY 1666779.015 New Pro Home Renovations, Inc. FAYETTEVILLE 08/31/2023 $68,754.00 OH 1691994.015 EVT Building LLC HEBRON 08/31/2023 $60,161.00 TX 1655169.015 Air Starter Components, Inc. STAFFORD 08/31/2023 $127,187.00 WI 1655988.015 ExacTech, Inc. STURGEON BAY 08/31/2023 $50,194.00 GA 1663412.015 Cedar Head, LLC COLQUITT 08/30/2023 $41,303.00 OH 1654783.015 Driven Brands Shared Services LLC BEACHWOOD 08/30/2023 $256,707.00 OK 1655798.015 Sigma Stretch Corp. TULSA 08/30/2023 $43,317.00 TX 1654794.015 Landry's Crab Shack, LLC KEMAH 08/30/2023 $78,129.00 TX 1680635.015 Poly-America L.P. GRAND PRAIRIE 08/30/2023 $51,340.00 WA 1661050.015 METROPOLITAN CONSTR LLC PUYALLUP 08/30/2023 $51,000.00 WI 1667662.015 Cold Spring Egg Farms, Inc. PALMYRA 08/30/2023 $45,002.00 WI 1673818.015 Woleske Construction Company, Inc. BEAVER DAM 08/30/2023 $49,334.00 FL 1654804.015 PCP Group, LLC CLEARWATER 08/29/2023 $50,002.00 FL 1682952.015 Southern Coast Roofing & Construction, Inc. JACKSONVILLE 08/29/2023 $57,949.00 MA 1657561.015 Rich Products Corporation SALEM 08/29/2023 $107,146.00 MO 1659811.015 TROYER ROOFING & COATINGS TRENTON 08/29/2023 $205,369.00 SD 1682307.015 R&L Splicing Inc. AGENCY VILLAGE 08/29/2023 $81,255.00 TX 1669173.015 Danrick Industries Inc. EL PASO 08/29/2023 $82,257.00 WI 1690883.015 Doosan Bobcat, Inc. JOHNSON CREEK 08/29/2023 $75,894.00 CT 1653614.015 North American Dental Group COLCHESTER 08/28/2023 $43,644.00 GA 1656517.015 Project Workshop, LLC CLARKSTON 08/28/2023 $40,626.00 IL 1670546.015 Elgin Sweeper Company ELGIN 08/28/2023 $40,176.00 ME 1664029.015 Cedarworks, Inc. ROCKLAND 08/28/2023 $42,188.00 OH 1689421.015 Jara Construction, Inc. PLAIN CITY 08/28/2023 $56,476.00 OK 1662226.015 Mitra Midwest Operations, LLC LAWTON 08/28/2023 $66,970.00 FL 1679332.015 Margaret Woodcraft Inc. MINNEOLA 08/25/2023 $70,317.00 GA 1661728.015 TET. Construction LLC GAINESVILLE 08/25/2023 $53,286.00 IL 1670766.015 Tomasz Bobak dba Tomas Construction, Inc. FRANKFORT 08/25/2023 $42,112.00 PA 1657755.015 Linford Zimmerman HARRISBURG 08/25/2023 $48,663.00 SC 1663773.015 Detyens Shipyards, Inc. NORTH CHARLESTON 08/25/2023 $91,836.00 CA 1656621.015 MCI Sales and Service, Inc. FREMONT 08/24/2023 $44,535.00 MO 1653326.015 Clarios SAINT JOSEPH 08/24/2023 $58,037.00 NJ 1671409.015 New Jersey Iron, Inc. EDISON 08/24/2023 $65,626.00 NM 1656136.015 City of Deming/Parks Department DEMING 08/24/2023 $46,068.00 NV 1672221.015 Boxabl Inc. LAS VEGAS 08/24/2023 $47,870.00 OH 1654822.015 NOX US, LLC FOSTORIA 08/24/2023 $375,688.00 OH 1669272.015 NOX US, LLC FOSTORIA 08/24/2023 $170,165.00 OH 1669695.015 Alfred Nickles Bakery, Inc. LIMA 08/24/2023 $68,082.00 SD 1663165.015 Global Harvest Foods, LLC ROSCOE 08/24/2023 $40,980.00 TX 1654643.015 S & D Erectors, Inc. AUBREY 08/24/2023 $262,977.00 WI 1652968.015 Lactalis Heritage Dairy, Inc. WAUSAU 08/24/2023 $133,935.00 IL 1657520.015 Petsmart Distribution Center OTTAWA 08/23/2023 $49,108.00 NC 1653368.015 Ace/Avant Concrete Construction Co., Inc. GREENSBORO 08/23/2023 $62,500.00 NJ 1691454.015 Four Seasons Construction LLC CLIFTON 08/23/2023 $58,040.00 NJ 1656422.015 Madmik, LLC PATERSON 08/23/2023 $42,192.00 TN 1682967.015 Mark Paul JOHNSON CITY 08/23/2023 $40,000.00 TX 1663752.015 Republic Waste Services of Texas, Ltd. CAMPBELL 08/23/2023 $58,037.00 WA 1653719.015 SNOW & SONS PRODUCE CO. OUTLOOK 08/23/2023 $86,400.00 ID 1652702.015 WAUPACA NORTHWOODS LLC NAMPA 08/22/2023 $44,629.00 NC 1665918.015 MCMICHAEL MILLS, INC. GLEN RAVEN 08/22/2023 $58,186.00 RI 1661111.015 Aspen Aerogels Rhode Island, LLC EAST PROVIDENCE 08/22/2023 $64,732.00 IL 1669666.015 National Foodworks Services LLC DECATUR 08/21/2023 $48,130.00 IL 1656804.015 Magrabar LLC MORTON GROVE 08/21/2023 $50,230.00 TX 1665006.015 R.D. Crumley & Company WILLIS 08/21/2023 $50,828.00 TX 1685935.015 Trailer Wheel & Frame Co. HOUSTON 08/21/2023 $42,193.00 TX 1656581.015 Family Dollar Stores of Texas, LLC HOUSTON 08/21/2023 $40,176.00 Safety Training at Non-Profits (Check Sites for Starting Dates) OSHA 10 TRMA Oct 4, 11 2023 OSHA 511 NIU Oct 16-19, 2023 CSC 510 Oct 23-26, 2023 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 10-hour and the 500 series. I have taught 2383 people this year. I teach evenings, weekends, and early mornings too. I teach in Wisconsin, Illinois, Iowa, Minnesota, Ohio, and Indiana. The PowerPoint is posted free at usmwf.org. https://www.usmwf.org/powerpoints-and-safety-information.html I use your feedback to make changes to make corrections.