OSHA News for
September 2019
The end of the
third quarter was quite busy with machine guarding training and CET exam
studying. The Certified Environmental
and Safety Trainer exam was 200 questions on needs assessment, training program
development, evaluations, learning theory and many more. I am glad to pass this
difficult test.
The Machine
Guarding Grant training was very popular and the last two week there was a
class going on every day. Every company said they didn’t want to call IL Consultation
because they were funded by OSHA. Light curtain installation was the difficult
topics for most employers.
The ASSE
Conference topics was recordkeeping and I was surprised to see over 30 people
show up. Many temporary employee questions and what to do with marijuana being
legal in 2020 were the hot topic.
This month ppt is
Safety with Children. I am seeing too many children getting killed near
worksites or at work.
John
OSHA News.
1) OSHA win big Exposure assessment at Appellate
level.
Whenever it is
reasonable to suspect that an employee may be exposed to concentrations of
airborne contaminants at levels where a respirator would be necessary to
protect the health of the employee, the employer must evaluate the work
environment so that exposures to the employee can be determined or reasonably
estimated. In these situations, where the employer cannot identify or
reasonably estimate the employee exposure, the employer must consider the
atmosphere to be IDLH
https://www.natlawreview.com/article/ninth-circuit-holds-osha-respiratory-protection-standard-requires-employers-to
2) OSHA released
the cited violations for FY2019 at the NSC conference.
1. Fall
Protection - General Requirements (1926.501) (6,010
violations)
2. Hazard
Communication (1910.1200) (3,671 violations)
3. Scaffolding
(1926.451) (2,813 violations)
4. Lockout/Tagout
(1910.147) (2,606 violations)
5. Respiratory
Protection (1910.134) (2,450 violations)
6. Ladders
(1926.1053) (2,345 violations)
7. Powered
Industrial Trucks (1910.178) (2,093 violations)
8. Fall
Protection - Training Requirements (1926.503) (1,773
violations)
9. Machine
Guarding (1910.212) (1,743 violations)
10. Eye &
Face Protection (1926.102) (1,411 violations)
3) Scott Ketchum
picked to head #OSHA Directorate of Construction.
4) Congrats to
the 2020 Harwood Grant recipients in the Chicagoland/IL are:. NIU, CAF, CSC, U
of I, SIU, Harper College, Latino Worker Center. The training classes are free
and cover everything from trenching to machine guarding to silica.
https://www.osha.gov/news/newsreleases/national/09202019?fbclid=IwAR1G1O6MM_lGTXjOPhh9XvV3_iIJwniVBfnS-WOucITn0_nb3Q4_0szVmkQ
5) A Michigan
contractor must pay OSHA fines and close their operations after a 2017
inspection led to fines over $507K related to excavation. From the article:
"Company owner and founder Daniel J. Kamphuis agreed to surrender his
North Dakota contractor license. Both he and the company also agreed not to
have any ownership or managerial interest in any construction business
conducting trenching and excavation activities within the U.S. in the future.
They may engage in such activities in other capacities but must notify OSHA and
take appropriate training if they intend to resume such work."
https://lnkd.in/es2TtUQ
6) OSHA announced
that it has recently implemented the OSHA Weighting System (OWS) for fiscal
year (FY) 2020. OWS will encourage the appropriate allocation of resources to
support OSHA’s balanced approach of promoting safe and healthy workplaces, and
continue to develop and support a management system that focuses enforcement
activities on critical and strategic areas where the agency’s efforts can have
the most impact.
7) OSHA has fewer
inspectors than any time in the agency’s almost 50-year history, and it is
conducting a near record low number of actual inspections targeting health
hazards like silica. _ Dr. David Michaels Sep 27, 2019.
8) OSHA has
issued a final rule that adds two fit testing protocols to the agency’s
respiratory protection standard (1910.134).
According to a
Sept. 25 press release, the additions are:
• The modified ambient aerosol
condensation nuclei counter quantitative fit testing protocol for
full-facepiece and half-mask elastomeric respirators
• The modified ambient aerosol CNC
quantitative fit testing protocol for filtering facepiece respirators
https://www.safetyandhealthmagazine.com/articles/18957-osha-approves-two-protocols-for-respirator-fit-testing
9) Good tips on
OSHA informal conferences.
If your goal is
to have OSHA vacate a citation, prepare to explain why it is incorrect or
unwarranted. Possibilities include: OSHA cited the wrong standard; the standard
applies to some activities at the workplace, but not to the specific activities
cited; or the company has an affirmative defense. Find supporting documents, or
consider whether pictures or a video will help tell your story. Draft an
outline of points to make to OSHA.
https://www.jdsupra.com/legalnews/making-the-most-out-of-an-osha-informal-63714/
10) Bench
Grinders are often cited by OSHA for tongue guarding within a 1/4 inch and work
rest openings greater than 1/8 inch.
Several
amputations have occurred over a year. Here is a typical one.
1276572.015
11/08/2017 J.G. Boswell
At 3:30 p.m. on
October 26, 2017, an employee was using a defacing tool on a pedestal grinder
and was moving a tool back and forth using both hands while wearing cotton
gloves. The employee caught his left thumb between the grinding wheel and the
grinder rest platform. The employee partially amputated his left thumb and was
hospitalized
Here is OSHA's
checklist for grinding safety.
https://www.osha.gov/…/machinegu…/new-grinder-checklist.html
The photo shows a
typical violation.
Other Major News
Stories.
1) An Ohio
construction company owner has been sentenced to three years in prison for
failing to provide safety equipment when an employee fell from a roof and died.
$100 To protect a
worker on a roof.
https://www.wkyc.com/article/news/local/akron/construction-company-owner-gets-prison-for-workers-death/95-813ad464-cc91-4e23-8d3b-40b92824b5d2?fbclid=IwAR1m1GRQrL6aDjygr2AwRkKY9Y6Q8XceK2BW1CJQp-IV3pKDkJNzoduCAD8
2) . “Wider cannabis use will require employers to
take action to ensure safe work environments for their employees, especially in
safety sensitive settings. Drug policies
must be updated and must address discrimination concerns.”
https://www.environmentalsafetyupdate.com/cannabis/high-times-continue-illinois-enacts-recreational-cannabis-law/
Safety Training
at Non-Profits
OSHA 511 Dekalb Oct
7-10
OSHA 7210
Rockford Pan Flu Oct
2
OSHA 7415
Construction Hazard Prevention CSC Oct
17-18
OSHA 10 Hoffman
estates Oct
18-19
OSHA 7215
Combustible Dust Oct
24
NIU is Northern
Illinois University OSHA Education Center http://www.nsec.niu.edu
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, and Indiana.
All presentations
are put on slideshare.net for free downloading. I put this presentation at this
link. https://www.slideshare.net/JohnNewquist/safety-for-children use your
feedback to make changes to make corrections.
OSHA Citations
GA 1378228.015 Atlanta Kitchen, LLC DECATUR 08/06/2019 $43,569.00 Exit
routes; Lockout / Tagout; Machine guarding; Operator certification of powered
industrial trucks.
GA 1379393.015 Atlanta Kitchen LLC DECATUR 08/06/2019 $89,035.00 Occupational
noise exposure audiometric testing program; Annual training for each employee
included in the hearing conservation program; Foot protection; Respirable
crystalline silica; Respiratory protection; Posting a copy of the annual
summary in a conspicuous place where notices to employees are customarily
posted.
NY 1377408.015 Arbre Group Holding HOLLEY 08/06/2019 $174,270.00 Duty to have fall protection; Eye and face protection; Lockout /
Tagout; Guarding horizontal shafting; Machine guarding.
CA 1376013.015 STONE ETC INC GARDENA 08/05/2019 $417,325.00 [no
violations linked]
NC 1408636.015 Industrial Fabricators, Inc. GASTONIA 08/05/2019 $46,000.00 [no
violations linked]
NY 1379391.015 Rex Harper DBA REH Property Maintenance JAMESTOWN 08/05/2019 $168,772.00 Asbestos; Respiratory protection.
WA 1413829.015 NATIONAL PRODUCTS INC SEATTLE 08/05/2019 $51,700.00 [no
violations linked]
GA 1395261.015 CROWN CANDY CORPORATION MACON 08/02/2019 $44,754.00 Eye
and face protection; Hand protection; Lockout / Tagout; Eye wash stations.
MO 1379034.015 J.H. BERRA CONSTRUCTION CO., INC. SAINT CHARLES 08/02/2019 $143,206.00 Means of egress from trench excavations;
Daily inspections of excavations; Protective systems for excavations.
VA 1376355.015 County of Henrico Dept of Public Utilities HENRICO 08/02/2019 $127,254.00 [no violations linked]
MI 1376380.015 Fair Salvage Company CLARE 08/01/2019 $40,000.00 [no
violations linked]
NY 1380198.015 Highbury Concrete, Inc. NEW YORK 08/01/2019 $53,040.00 Written hazard communication program;
Safety data sheets; Hazardous chemical training; Limit employee exposure to
gases, vapors, fumes, dusts, and mists; Written confined spaces permit program;
Internal atmosphere testing of confined spaces; Procedures for rescue and
emergency services in confined spaces; Confined spaces permit training and
issuance.