January 2014 OSHA news

This month’s powerpoint is the most frequently cited construction standards. I didn’t see anything new for the top ten this year. I am still surprised residential is number one.

This year, I am tracking the Illinois worker fatalities. I can find seven who died in January.

It was a busy training month for me with 193 people trained.

Here is the news for January

1) Looks like the Electric Power Transmission standard will be the new OSHA standard for 2014.

http://thehill.com/blogs/regwatch/pending-regs/193916-white-house-readies-rules-for-power-line-workers

2) OSHA wins a lockout case decided by an Administrative Law Judge. Good discussion on affected employees, audits, and willful. http://www.oshrc.gov/decisions/html_2013/12-0725.htm

3) Safety + Health Magazine has a good article on the State of Safety. I also was interviewed as part of the article.

http://www.safetyandhealthmagazine.com/articles/9677-state-of-safety

4) OSHA combustible dust GHS interp out. Absent direct knowledge, the memo provides three other approaches that shippers can use to classify combustible dust hazards: laboratory tests, published results and particle size.

http://www.bna.com/osha-issues-guidance-n17179881234/

5) In its most recent regulatory update, OSHA said it anticipates a notice of proposed rulemaking on I2P2s by September 2014.

6) Congrats to Kathy Webb replacing Gary Anderson in Cal City.

Aaron Priddy for the first Area Director in Fairview Heights.

Angie Loftus for being selected as Area Director in Chicago North.

Jacob Scott for accepting the Aurora AD position.

7) OSHA loses a general duty clause violation on hydrostatic pipe testing accident. I think OSHA had the right way to prevent the accident but could not should industry knowledge. http://www.oshrc.gov/decisions/html_2013/08-1225.htm

8) OSHA budget for FY 2014 is $552,247,000. page 870

This is down $12 million from 2012.

Susan Harwood Grants are $10.6 Million.

http://docs.house.gov/billsthisweek/20140113/CPRT-113-HPRT-RU00-h3547-hamdt2samdt_xml.pdf

9) What is too cold to work? Workers at Walmart warehouse protest subzero temps. I sure would like to see the PPE hazard analysis. OSHA hasn't cited too cold work places to my knowledge. http://www.salon.com/2014/01/13/freezing_for_wal_mart_sub_zero_warehouse_temperatures_spur_indiana_work_stoppage/

10) Thanks Linda Reinstein. Here is the new OSHA Asbestos fact sheet.

https://www.osha.gov/Publications/OSHA3507.pdf

11) Thanks Mary. CPWR has three short videos on preventing a fatality.

No New Year – trench collapse

http://www.youtube.com/watch?v=iFahlN0ueTI

Look Up and Live – electrocution from overhead power lines

http://www.youtube.com/watch?v=DvUxBKDomcU

 A Simple Task – ladder fall

http://www.youtube.com/watch?v=XXit0ziMIAA

12) Rita Mosely passed away at the age of 68 after a battle with lung cancer. I worked with Rita in several speeches and safety days. She was intenvice, funny and a wealth of training information. http://fitzgeraldfuneralhome.tributes.com/obituary/read/Rita-M.-Mosley-98789899

13) The construction safety council will moving across I290 to the other side of Hillside having sold their building. I am excited for getting three training rooms.

14) The Supreme Court says steelworkers do not have to be paid for time they spend putting on and taking off protective gear they wear on the job. The court was unanimous.

http://www.king5.com/news/business/242220201.html

15) Congrats to Dorothy Dougherty for filling the Vacant Assistant Deputy of OSHA left by Rich Fairfax last May. Previously, she was the Director of Standards. Bill Perry will be acting until that position is filled.

16) OSHA plans on 37,600 inspections for the FY. The shutdown and budget cuts is the main reason for the lower numbers.

OSHA Citations in January

Penalty State Major Issues

1) $40,810 TX Repeat machine guarding, electrical. Bedding mfr

2) $236,500 NY Repeat blocked exits Retailer.

3) $44,800 TX lockout, machine guarding, Plastic Bag mfr,

4) $71,600 PA Willful roofing fatal, Roofer

5) $89,000 TX Willful Trench incident, Excavation contractor

6) $75,000 CO Arc Flash incident, Energy company

7) $144,000 IL Conveyor jam clearing, lockout, Postal facility,

8) $55,300 CT Vinyl Acetate, PSM, Chemical mfr

9) $195,470 IL Willful lockout, fall protection, Mineral company

10) $43,400 TX EPA referral PSM, Refinery

11) $63,000, TX Willful trenching incident. Excavator

12) $91,000 MO Willful manlift fall at feed mill.

13) $42,000 TX PSM, frozen food mfr

14) $42,300 Samoa Fatal Powerline, Construction contractor

15) $66,000 MA Repeat Lockout, machine guarding, Packaging company

16) $69,000 OH Willful fatal on spindle winder, Glass mfg

17) $303,900 IL Fatal confined space, precast plant

18) $228,600 FL Willful machine guarding, adult job training

19) $64,040 GA Repeat Electrical, air filter mfr

20) $63,000 OH 20 serious, machine guarding, presses, electrical, Stamping mfr

21) $53,900 FL Willful fall protection on roff, Roofer

22) $47,160 IL Willful exits, Cold Storage

23) $47,700 WI Willful confined space, Casting company

24) $52,250 OH Wilfful roof fall protection, eye protection, Roofer

25) $103,800 OH Repeat GHS, Electrical, machine guarding, Machine Lapping finisher

26) $40,500 NY Fatal heat death, falls, Recycler

 

Large Work Payouts

1) $910,000 to boy injured by construction. http://madisonrecord.com/issues/366-personal-injury/262368-plaintiff-seeks-3-3-million-for-injuries-in-case-against-plocher

Summary of the Major News Stories

1) Rockton man buried in grain gets rescued by 12 mutual aid departments. Good job. Most end in death. Hundreds of workers have died in these situations.

Wearing a harness to an anchorage would have prevented this engulfment. Cost $150.

http://www.beloitdailynews.com/news/grain-bin-rescue/article_b5ca37a0-8aec-11e3-9e38-001a4bcf887a.html

2) 3 oilfield workers killed in a collision after a graveyard shift.

http://www.drillingahead.com/page/south-texas-three-oilfield-workers-killed-in-collision-with-schoo?xgs=1&xg_source=msg_share_page

3) One dead in PA Explosion. Not much information.

Thanks USMWF.

http://www.greenfieldreporter.com/view/story/5e8a7258821044c9bc3e2aafd14580a3/PA--Mersen-Fatal-Industrial-Accident

4) Fatal Accidents illustrate weak safety laws. http://www.usatoday.com/story/news/nation/2014/01/27/chemical-spills-federal-laws/4794647/

5) One dead in Hot work incident last week. OSHA investigating. "Using a propane torch, workers had been loosening ball values on the back of the tanker truck at the time, according to a released statement."

http://5newsonline.com/2014/01/24/explosion-at-a-plant-in-johnson-county/

6) Airport Worker killed. Nothing for his family. http://www.nydailynews.com/new-york/airport-worker-killed-job-children-left-family-article-1.1591586

Public Speeches in 2014

I do not charge for these speeches, but the host may charge..

Feb 25

UCA meeting – Confined space for trenching

Contact Michael Wiedmaier

Executive Director

Underground Contractors Association of IL

P: 630.467.1919 | F: 630.773.4873 | C: 630-297-6078

500 Park Blvd. | Suite 154C | Itasca, IL 60143|

www.uca.org

michael@uca.org

Monday, March 3, 2014

Hazards of the Green Industry Symposium: 1:30 - 4:30

www.buildsafe .org

Construction Safety Conference

March 4, 2014

Rigging Safety

www.buildsafe.org

Waubonsee Safety Days

March 19,

Health Hazards for Construction

Sugar Grove Campus

Forging Industry Association

April 9

Chicago

OSHA Hot buttons

www.forging.org

Valley Industrial Association

April 10

Industrial Fall Protection

Contact Sandy Ryan (630) 892-4228

Nebraska Safety Conference

April 29, 2014

OSHA Update

Lincoln Nebraska

Contact Tonya Ford 402-326-3107; or fordtonya@gmail.com

NSC Construction Division Spring Meeting is Thursday May1 and Friday May 2 at NSC HQ Itasca. $100

They have an excellent speaker for Crystalline Silica, Del Kibeldis, Willis, on May 1 right after the OSHA hearings, and also What are the Changes in fall protection equipment over the past five years. (Capitol Safety invited).

May 2 is devoted to adding five chapters to the NSC Supervisor Safety Manual with breakout rooms. They are looking for seed outline and writer for the following 5 chapters:

Fall Protection, Aerial Lifts, Hoists and Cranes, (Sub)contractor management and Trucking: loading and unloading.

Safety Training at NonProfits

2/4/2014 GHS at Construction Safety Council

www.buildsafe.org

2/10 &13/2014 OSHA 10 Hour for General Industry

Western Dupage Chamber of Commerce

http://warrenvillechamber.chambermaster.com/Events/details/2014-osha-10-hour-safety-training-4673

2/11&12/2014 OSHA 10 hour for construction

www.buildsafe.org

2/17/2014 GHS

NIU - Dekalb

Contact Missy Gilles missy@niu.edu

2/18 & 20/2014 Day 3 & 4 for the OSHA 30 hour class.

Construction Safety Council

www.buildsafe.org

2/27/2014 Scaffolding

Three Rivers Manufacturing Association

(815) 744-3884

2/28/2014 Crane Signaling/rigging Awareness

Construction Safety Council

www.buildsafe.org

December 2013 OSHA News

This month’s powerpoint is the most frequently cited General Industry standards. I was surprised to see the citations for electrical equipment not used per listing crack the top 10. Usually missing ground prongs and strain relief citations would normally be higher.

I also included a Pure Power citation on arc flash since OSHA cited some standards that many in industry often forget. 

I am glad to see some OSHA offices make contractors take an OSHA 10 hour class to settle citations. Many of the companies have not even started on GHS training which was in effect Dec. 1 2013. That is disappointing.

Here is the news for December

1) I am seeing several forklifts be modified with extension bars. These bars allow the forklift to reach object further away. Too many are not tested, not meet ANSI B30.20 and have no capacities. The center of gravity is affected and the forklift will lift less than it was designed for. Only use manufacture’s authorized equipment.

2) Thanks John. Good set of videos for workers and supervisors. Ontario Requires Health and Safety Awareness Training for Workers and Supervisors

 

A new regulation will require health and safety awareness training for every worker and supervisor under Ontario’s Occupational Health and Safety Act (OHSA). The regulation comes into force July 1, 2014, allowing workplace parties time to prepare.

http://www.labour.gov.on.ca/english/hs/training/index.php

3) Top areas for OSHA willful violations was surprising. Lead was #3. http://www.safetyandhealthmagazine.com/blogs/1-washington-wire/post/9613-oshas-top-10-willful-violations-for-fy-2013

4) Study Finds Federal Contracts Given to Flagrant Violators of Labor Laws

“Overall, the 49 federal contractors responsible for large violations of federal labor laws were cited for 1,776 separate violations of these laws and paid $196 million in penalties and assessments,” the report said. “In fiscal year 2012, these same companies were awarded $81 billion in taxpayer dollars.”

http://www.harkin.senate.gov/documents/pdf/52a876b0e4d63.pdf

5) A great Dr. Michaels speech on protecting temp workers this month.  https://www.youtube.com/watch?feature=player_embedded&v=6HQzbQ5QtBo

6) Propublica did a great article on hazards of temp workers. I expect OSHA to increase focus in this area. http://www.propublica.org/article/temporary-work-lasting-harm

7) After 38 years as head of the Calumet City Area Office, Gary Anderson will retire Feb. 1, 2014. Gary was always the master of meetings and could get sides to agree on many issues. He pushed GHS, Lead safety and industrial hygiene. He will be missed.

8) Jordan Barab comments on the small farm appropriations. http://m.theindependent.com/news/ag_news/osha-official-disputes-johanns-claim-of-regulatory-burdens/article_283f76fc-6f3f-11e3-afbe-0019bb2963f4.html?mode=jqm#.UsGYFhjZLYo.facebook

9) 100 years ago in Chicago, at least 605 people died in the worst theater fire in the US. The exits were locked. Always make sure you can find two ways out of any venue, concert hall, and restaurants.

10) Apparently the lower injuries rates and fewer deaths are affecting the PI lawyers too. One said they use to never go to trial because of the case load, now they are picking juries every month instead of once a year. The lawyers for the companies like it because it more billable hours.

11) Federal health investigators have confirmed 50 cases of bladder cancer among Goodyear employees through 2007, nearly three times the number that would have been expected in the general population of New York State. The unofficial tally to date, compiled by a lawyer for some of the cancer victims, is 58 cases. http://www.publicintegrity.org/2013/12/16/13972/high-bladder-cancer-rate-shrouds-new-york-plant-exposing-chemical-hazards-workplace

12) It has been a while since I saw a plant manager take safety training with the rest of the workers. Times are a changin'

13) It is so nice to go to a company that has a safety committee that works and gets continual training. The safety committee does most of the audits, reports and investigations. The site just celebrated a third year without an injury. They passed the corporate audit with the highest ratings of all the global plants.

We did the audit and only a couple small issues came up. I am pushing for safety harnesses to be worn in scissor lifts because it is a risk that has killed over hundred workers. Several companies have moved in that direction and the aerial lifts have designed anchorages. I am pushing lift pods vs. using step ladders since I see over 100 ladder deaths a year.

14) OSHA has a smaller staff than some police departments.

http://www.dallasnews.com/investigations/20131123-osha-no-match-for-workplace-dangers-that-kill-thousands.ece

OSHA Citations in December

Penalty State Major Issues

1) $460,350 NY Willful Fall Protection, Stucco Contractor.

2) $110,500 IL Lead, Railroad,

3) $48,300 NJ Guarding, PSM, Respirator, Pyrotechnics.

4) $131,600 NY Fail to Abate Machine guarding, lockout, Optical Mfr

5) $50,400 LA Willful fall fatality, Cell Tower

6) $117,000 IL Machine guarding respirators, cranes, electrical Metal Coil mfr.

7) $133,000 KS Willful confined Space, Rail Car mfr.

8) $41,000 MS, Fall protection, machine guarding, Recreational Vehicle mfr

9) $49,200 NJ PSM, Fire safety, Acetylene mfr

10) $42,350 FL Willful fall protection, Roofer

11) $99,000 LA Willful PSM, Olefin mfr

12) $59,400 CT Repeat Electrical, Forge

13) $105,490  CT Willful PSM, foam core mfr

14) $199,800 TX Repeat punch presses, lockout. Pipe mfr

15) $154,000, GA Willful fall fatality, Roofer

16) $90,090 OH Blindness from scissor lift accident, Metal mfr

17) $151,030 GA Machine guarding, food mfr

18) $165,550 CT Fail to abate Welding screens, fire extinguishers, GHS, welding company

19) $52,500 OH amputation tube bender

20) $147,000. KS Willful amputation lockout, machine guarding Food mfr

21) $66,440 GA Repeat scaffolding, Drywall construction

22) $119,000 KS Lead, arsenic, cadmium, sporting good mfr

23) $68,530 AL Repeat trenching

24) $55,000 IL Repeat forklifts, warehouse

25) $63,700 GA Asbestos, skidsteer, Demolition Contractor

26) $83,200 NY Repeat fall protection, retail store

27) $40,500 TX steel truss collapse, Steel Erector

28) $66,550 GA Noise, machine guarding, Fence mfr

29) $119,000 WI Willful arc flash incident, Electrician

30) $293,700 OH Willful lockout, forklift, fall protection, Aluminum die caster

31) $44,000 GA Lead cleanup gun range, Environmental cleaner

32) $103,000 IL Repeat roofing, ladder safety, Roofer

33) $550,000 AZ Firefighter deaths in forest fires

Large Work Payouts

1) $281 Million for family of man killed in drilling accident.

http://www.drillingahead.com/page/family-of-man-killed-in-texas-oilfield-truck-accident-wins-281-mi?xgs=1&xg_source=msg_share_page

Summary of the Major News Stories

1) Thanks John for the extensive database resources at EPA. EPA’s EXPOsure toolBOX (EPA-Expo-Box) is a toolbox created to assist individuals from within government, industry, academia, and the general public with assessing exposure. It is a compendium of exposure assessment tools that links to guidance documents, databases, models, reference materials, and other related resources. Exposure assessment resources are organized into 6 Tool Sets, each containing a series of modules that you can access from the table below. In addition, links to resources on other over-arching topics can be accessed from the Quick Finder menu at the top of the homepage. Searching the toolbox (click the link to the right) allows you to quickly identify relevant resources by key words or topics.

http://www.epa.gov/risk/expobox/

2) DIOSH is in Peoria on March 5, 2014. www.diosh.com. $110. Featured speakers Is OSHA’s Regional Administrator Nick Walters. Mark Knezovich will present combustible dust issues. Bob Lomastro will have another great session on NFPA 70 and electrical safety. Mike Williamson from Caterpillar will discuss perception surveys. I have seen these presenters speak and it is an all star line-up.

3) Arizona's workplace safety agency recommended Wednesday that the state Forestry Division pay a nearly $560,000 fine in the deaths of 19 firefighters, saying officials placed the protection of non-defensible structures and pastureland ahead of firefighter safety.

http://news.yahoo.com/arizona-agency-seeks-fine-firefighters-39-deaths-201413009.html;_ylt=A2KLOzEAtZ9SCH4Ag5_QtDMD

Public Speeches in 2014

I do these free for nonprofit organizations.

Jan 10

ASSE Naperville chapter speech, GHS

OSHA 10 Hour General Industry

Feb 10 and Feb 14.

West Chicago Chamber of Commerce

Monday, March 3, 2014

Hazards of the Green Industry Symposium: 1:30 - 4:30

www.buildsafe .org

Construction Safety Conference

March 4, 2014

Rigging Safety

www.buildsafe.org

Grain Safety Symposium

March 18, 2014

Bloomington, IL

Waubonsee Safety Days

March 19,

Sugar Grove Campus

Valley Industrial Association

April 10

NFPA 70E

Nebraska Safety Conference

April 29, 2014

Lincoln Nebraska

"That OSHA guy snuck up and caught us out of the trench box for all of 30 seconds."

I said "people die going out of the trench box". I have no sympathy for going out the box and getting caught by OSHA. I investigated a fatality in in South Beloit in 1985 where the foremen went out of the box for 30 seconds and it caved in on him and he died. 100% preventable.

Case after case, OSHA has shown the trench collapses are unpredictable. In fact OSHA inspectors got out the workers in several instances before it collapse and killed the workers. See https://www.osha.gov/doc/quickaction.html

Even though he had been in the trenching business for 20 years, he had zero training on the OSHA rules in trenching. He had to take a trenching safety class as part on informal settlement agreement from a recent inspection. He had been cited repeats for $12,000. I said he got off cheap. I showed him an example of a contractor called Witt Plumbing. .

Witt Plumbing in NE got cited $70,000 each for no ladder access and no cave-in protection. They paid half the penalty. See
https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=NEWS_RELEASES&p_id=24279

One of the students said "do you want a $70,000 ladder citation" and laughed. You could have bought a cadillac for that price.

We went over the recent criminal indictments and said this could be you. People deserve a safe place to work and people send photos in to OSHA. You need to dig the trench safely, not only because it is the OSHA rule, but it is the right thing to do.

One of the students went on to tell us that he lost his dad in a 1982 bridge collapse in a preventable incident. Now he is a safety professional for a large nationwide underground contractor.

There are hundreds of contractors doing the right and safe methods every year when digging a trench. In IL, we went from a death a week on a trench collapse when I started in 1983 to the point maybe, one person dies in a cave-in a year. That is progress. If OSHA was not out inspecting these trenches, we would have lost over 1000 workers form trench collapses in the last 30 years. There is no excuse and no sympathy for those that want to cheat these minimum safety rules.

November 2013 OSHA News

This month’s powerpoint is dock safety. 11 fatalities at larger companies show that this problem has not gone away. This draft ppt is a good start to some issues. If you improve on it, please send me a copy.

Several good articles in safety are at the end. December is the worst month for CO issues. Take preventive action and get some CO detectors. Relax and enjoy the holidays.

Here is the news for November

1) Good interpretation on responsibilities of Temp agencies and host employers. https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=28598

2) OSHA changed the rules on signs. https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=FEDERAL_REGISTER&p_id=23990

Sec.  1926.200  Accident prevention signs and tags.

* * * * *

    (b) Danger signs. (1) Danger signs shall be used only where an

immediate hazard exists, and shall follow the specifications

illustrated in Figure 1 of ANSI Z35.1-1968 or in Figures 1 to 13 of

ANSI Z535.2-2011, incorporated by reference in Sec.  1926.6.

* * * * *

    (c) Caution signs. (1) Caution signs shall be used only to warn

against potential hazards or to caution against unsafe practices, and

shall follow the specifications illustrated in Figure 4 of ANSI Z35.1-

1968 or in Figures 1 to 13 of ANSI Z535.2-2011, incorporated by

reference in Sec.  1926.6.

3) OSHA has eliminated the weekly inspections on punch presses if no one objects. OSHA will align the existing standard's maintenance and repair

provisions to the American National Standards Institute standard for safety requirements for mechanical power presses. This standard would explicitly state that maintenance and repair must be completed before the mechanical power press is operated and, in keeping with the ANSI standard, employers would certify maintenance and repair for the entire machine rather than for certain parts of the power press.

See Federal Register notice at

https://www.federalregister.gov/articles/2013/11/20/2013-27695/record-requirements-in-the-mechanical-power-presses-standard for more details.

4) 54 people died in the roof collapse this month in Latvia. Roof collapses are preventable.

Many roofs have a design loading so snow, AC units, gardens can all push the roof beyond the rated load.

Substandard construction has caused several collapses. Annual inspections of the supports can reveal cracks, broken truss welds, exterior corrosion, and bowing due to weight.

Workers on the roof need fall protection. Skylights are the worse fall hazard and should be covered. If at the edge, fall arrest should be worn if there are no guardrails. Never get on the roof without 100% fall arrest if the roof is rusty and leaking. Too many people are going through rotten decking.

5)  The Occupational Safety and Health Administration has scheduled a public meeting to allow interested parties to comment on the proposed rule to improve tracking of workplace injuries and illnesses. OSHA's proposed rule amends its current recordkeeping regulations to add requirements for the electronic submission of injury and illness information employers are already required to keep under existing standards, Part 1904.

The meeting will be held from 9 a.m. to 4:30 p.m., Thursday, Jan. 9, 2014, at the U.S. Department of Labor in Washington, D.C. Requests to attend or speak at the meeting may be submitted electronically at http://www.regulations.gov, the Federal eRulemaking Portal or by mail or facsimile. The deadline to request to attend the meeting as a speaker or observer is Friday, Dec. 13, 2013.

6) About 80% of the medium size companies did the GHS training on time. Many used a quiz to test the knowledge which will help when some forget.

7) OSHA has been citing blocked exits. Often storage is tight and it gets tempting to put a pallet of material by the exit. Regular checks need to be perform to catch this issue.

8) A construction employee fell 35 feet at O’Hare airport on November 21. I have not seen much on the details of the accident. 

9) A $40 Carbon Monoxide detector with digital readout can alert you to unsafe levels. Any industry with CO should have them.

10) Thanks to all the people who helped out for the people affected by the tornadoes in IL. The devastation was extensive. Early warning helped save many lives.

OSHA Citations in November

Penalty State Major Issues

1) $66,220 CT Repeat GHS, Grinders, eyewash, Metal finisher

2) $70,000 NE Fatal roof fall, roofer

3) $82,000 WI Repeat Respirators, Recycler

4) $97,200 TX Fatal forklift, Plastic mfr

5) $55,400 GA Fail-to-Abate GHS, Logistic company

6) $156,240 WI Willful lockout death, shingle mfr

7) $147,000 NY Willful powerline death, Telecom Utility

8) $60,900 RN Willful crane inspection death, Highway contractor

9) $77,000 FL Willful fall death, Masonry

10) $177,100 MS Repeat fall protection, electrical, machine guarding, Boat mfr

11) $58,100 TX Guarding, Electrical, Methylene Chloride, Foam mfr

12) $313,000 PA Demolition death

13) $84,000 PA Demolition Death

14) $89,760 PA Willful Fall Protection, stucco contractor

15) $169,000 NY Willful, Blocked exits, retailer,

16) $77,000 AR Willful, Not using listed label equipment, Pipe Manufacturer

17) $70,070 WI Repeat ladder access, competent person, cave-in protection trenching citations,

18) $121,720 NY arc flash, machine guarding, fall protection, Food mfr

19) $158,015 IL Will fall protection, Roofer,.

20) $51,100 MT Flash fire bonding and grounding fatality, Auto Repair

21) $51,800 NJ SST, fire exits, respirator, noise, Pipe mfr

22) $108,080 NY Fail to Abate GHS, Falls, Exits, Refrigeration mfr

23)  $165,200 CT Crane collapse, Marina Construction contractor

24) $108,000 American Samoa Willful fall protection fatality, General construction

25) $55,800 OH Flyash engulfment fatality, Concrete company

26) $77,000 OH Willful guarding rotary digester, Pul and Paper mfr

27) $42,300 NJ Heat, GHS, BBP, ep B vaccinations, Nursing Home

28) $82,080 MA Repeat exits, table saw guarding, fencing mfr

29) $49,700 TX PPE, Chromium, cranes, Plating company

Large Work Payouts

None  

Summary of the Major News Stories

1) Thanks Craig. US Supreme court to rule on compensation for wearing PPE. http://www.washingtonpost.com/politics/court-asked-to-define-clothes/2013/11/04/42cbcc90-4588-11e3-a196-3544a03c2351_story.html?hpid=z3

2) Shoddy work by two electricians led to the death of a man at a west Houston hotel swimming pool, police said. Jason Joseph Gorczyca, 35, and James Ray Pyle, 34, were charged on Friday with criminally negligent homicide. Officials said the electricians' work on a pool at the Hilton Houston Westchase was done in a "substandard fashion" and led to the death of Raul Hernandez. http://www.chron.com/news/houston-texas/houston/article/Electricians-charged-in-electrocution-of-man-at-4968736.php?cmpid=houtexhcat

3) David Michaels, an US assistant secretary of labor, says Campbell and Benschop “sacrificed worker and public safety through the deliberate neglect of demolition safety fundamentals. This tragic incident,” he adds, “could and should have been prevented.” Murder Charges detailed. http://articles.philly.com/2013-11-27/news/44490135_1_building-collapse-stb-investments-corp-murder-charges

http://philadelphia.cbslocal.com/2013/11/14/osha-cites-demolition-contractor-and-equipment-operator-in-deadly-center-city-building-collapse/

4) The U.S. Chemical Safety & Hazard Investigation Board last week released its report ona 2009 explosion at a quartz crystal manufacturing plant in Illinois operated by NDK America. CSB determined that a corrosive environment led to cracks in a pressure vessel’s steel walls, resulting in its failure. The blast blew a piece of steel 650 feet to a nearby gas station, where it fatally injured one truck driver.

When they were in operation, the six 50-foot tall crystallization vessels at the plant were loaded with raw mined quartz, 800 gallons of 4% sodium hydroxide in water, a “small amount” of lithium nitrate, and seed crystals of pure quartz, the CSB report says. Once sealed, they were heated to 370 °C and pressurized to 29,000 psig for 100 to 150 days.

The vessels’ steel walls were eight inches thick. Sodium hydroxide and silica will react with iron in steel to produce a layer of sodium iron silicate, or acmite. ADK believed that the acmite layer would prevent corrosion of the steel, but neither the company nor the state ever inspected the vessels’ interiors. In 2007, one of the vessels leaked through a connection in its lid. A consultant hired by NDK determined that the leak was caused by stress corrosion cracking and found cracks in three other lids. The company continued to operate the remaining vessels without inspections, the CSB report says.

For more detail and for CSB’s recommendations to the American Society of Mechanical Engineers, the National Board of Boiler & Pressure Vessel Inspectors, the Office of the Illinois State Fire Marshal, and NDK, see CSB’s report. The agency also produced its usual excellent summary video:

http://www.csb.gov/ndk-crystal-inc-explosion-with-offsite-fatality-/

October 2013 OSHA News

Here is a Powerpoint on National Electrical Code 2014 updates that I made. I find that people charge to learn the updates. I just read the code and pick the changes that I thought would affect safety in the workplace. Let me know if you think there are other code updates that are important for safety. You can view the code free atwww.nfpa.org

I am noticing many companies not having the correct PPE for electric work not even AC Voltage detectors. A portable GFCI extension cord cost $23, Class 0 gloves cost $70 and an AC voltage tester $20. These three items would prevent many electrical fatalities.  

I recommend also the OSHA Harwood grant product on electrical safety too.  It is at https://www.osha.gov/dte/grant_materials/fy10/sh-20999-10/electrical_safety_manual.pdf

I have been teaching at a record pace in October. Confined space safety, electrical hazard awareness, crane signaling, trenching safety and, rigging awareness are the hot topics this month. 

John

Here is the news for October 

1) The Construction Safety Council is starting their annual 145 Hour class for safety. Many safety professionals and superintendents have taken this in the last few years. Many go on to get the CHST certification. http://www.richblackwell.com/CCSC/Events/131210-145.pdf

2) Spoil pile at the edge is is considered to be added to the trench depth. If you dig a 3.5 feet deep trench and put the spoil 3 feet at the edge. OSHA will say you are in a 6.5 feet trench. 

3) I am still seeing employees lower meters into confined spaces vs. using the test hose supplied by the tester manufacturer. 

4) Congrats to Elia Zabaneh who retired from the Chicago North Area Office as the Assistant Area Director. Claudia Irizarry will fill his shoes. She recently was the OSHA Harwood Grant Administrator for the Chicago Region and was the IL Consultation supervisor before joining OSHA. Diane Turek will retire at the end of the year so say hello to her before then. 

5) I learned today that you can link a confined space gas meter to wireless email so it sends the readings remotely to the corporate office. It also sends an email to the safety director if turned off when alarming.

6) Can a webinar satisfy GHS training for employees? Maybe. Thanks Mark. 

Here are the quotes that stand out from the Federal Register. .

"However, OSHA believes that additional training would be necessary to ensure that employees understand some elements of the new system."

"GHS will require more training in their programs to ensure people understand the information."

"For example, ANSI Z535.3, the American National Standard that addresses criteria for safety symbols, contains a test method for determining the effectiveness of a pictogram."

"Training is designed to ensure that employees understand the chemical hazards in their workplace and are aware of protective measures to follow."

Webinar training usually does not meet this criteria. I would want to see a test given after the webinar with plenty of time for interactive questions otherwise the "understood the training" is going to be an issue for OSHA. The weakness is that people does not know how to read their own chemcial's SDS. I am seeing trainers cover pictograms and the new label elements, but no one is digging out the SDS and reviewing the hazards with the workers. It has been quite the shock for companies to read these new SDS. Chlorine cleaners often require eye washes now. Solvent ones say use supplied air. 

https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=FEDERAL_REGISTER&p_id=21110

7) Jail time for executive who plead guilty to OSHA violations. http://dfw.cbslocal.com/2013/10/28/ex-chemical-firm-exec-gets-prison-for-worker-death/

8) NIOSH is campaigning against having kids ride in a parent’s lap. This 5 year old was another victim. http://www.ccenterdispatch.com/police/article_f2bb7a76-3d9d-11e3-aa6f-0019bb30f31a.html

Some good Ag Safety posters showing the NIOSH campaign. I like "Bury a Tradition" http://www.childagsafety.org/TractorCampaign.htm

9) ILFA has a good ammonia training online for farmers. Take the assessment and see if you can pass. http://www.ifca.com You must register and allow popups. 

10 ) I still get employers think they are exempt from OSHA if they have ten or less employees. That is mainly for the recordkeeping rules. If you have one employee, you probably are under OSHA. 

11) Black Friday is always problem. I urge retailers to review guidelines at https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=NEWS_RELEASES&p_id=23259

12) CPWR did a great set of new Tool Box Talks.   

http://www.cpwr.com/publications/handouts-toolbox-talks

Significant OSHA Enforcement Action 

October 2013

Penalty State Major Issues

1) $280,880 NH Respirators, scaffold, Power Plant Construction

2) $90,900 NJ Confined Space, respirators, silica, Concrete 

3) $56,000  NY Hearing Conservation, hexchome, flammables. Metal Hatch mfr.

4) $115,400 NJ Lockout, fire, Aerial lifts, Steel mfr

5) $707.000 WY PSM, Refinery

6) $140,000 WI Willful confined space, Lockout, fatality, ethanol mfr

7) $77,000 NY Willful Exits, retailer

8) $115,000 OH Repeat lockout, Fabric mfr.

9) $147,600 OH Willful power presses, Garage door mfr

10) $136,400  OH Fail to Abate lockout, respirators, lockout, fire safety, Marble/tile mfr

11) $113,400 AR Willful confined space fatality, trucking

Large Work Payouts

1) $8.5 million damage against CM who saw father and son in unshored trench. http://www.chicago-personal-injury-lawyer-blawg.com/2011/01/cook_county_construction_site_1.html

Summary of the Major News Stories 

1) MSHA hobbled by the shutdown. http://www.huffingtonpost.com/2013/10/07/government-shutdown-2013-miners-killed_n_4059829.html

2) Shutdown affects OSHA staffing. http://www.bna.com/government-shutdown-reduces-n17179877504/

3) Black Lung and workers. Nightline clip - http://abcnews.go.com/Nightline/video/investigation-black-lung-doctors-coal-companies-20736771

Excavation Safety. Five hot buttons.

A "lively" roundtable with Excavation Contractors early today. I was asked to cover the "hot" OSHA topics. I definitely pushed some hot buttons. 

1. Partnership. Many in the group are unhappy that OSHA Partnerships are not happening much anymore. They feel that they learned from the interchange with OSHA. I would like to see it increase after the sequestration and shutdown are over. But the partnership must produce a tangible result not make everyone warm and fuzzy. One suggested that if OSHA can't travel to do speeches, that they should have the excavator safety meeting in an OSHA conference room. 

2. Confined Space Rescue. Many never practice rescue. 911 is the plan which is not acceptable. It doesn't work in many cases and needless people have died. Some felt they shouldn't have to have tripods, respirators and rescue equipment. I pointed out the 1910.146 and the ANSI Confined Space Standard require rescue training. Some contractors bring in the local emergency response to look at the manholes for rescue. Others put the employees through annual rescue training. Another hires contractor services for rescue. Perhaps an NEP on confined space is needed?

3. Employee interviews. Many disagree that the foreman couldn't be the employee's representative. They said that is what the employee wants. That runs counter to my 30 years. Not once did I see an employee ask for a manager to be the rep unless it was their dad. I said employees have a right to a private interview with OSHA. If they want a rep, that is their right, but it should be a labor rep not the company manager or company attorney. There is an ethic issue if an attorney reps the company and the employee under attorney-client privilege. The attorneys that were present were polite and disagreed. 

4. Nothing Positive. Some of the negative comments was that nothing positive is coming from OSHA and that is some felt it is a police state. I reminded them that 30 years ago there were hundreds of trenching deaths. Now in the Midwest, it is in the single digit. The trenching rules were put in place because it took hundreds of workers to die before it became a law. I mentioned that 3 IL trenching contractors were cited several thousand dollars for REPEATED violations. We are not talking esoteric nitpicking items. this is basic cave-in protection. I think OSHA does need to put up best practices on the webpage for any NEP or LEP sector like trenching. 

5. Swing radius on Excavators. Another salty issue that was a surprise to many. I have investigated death and accidents by the excavators and OSHA cites it. Most cone off the area or have devices put on the excavator prevent entry or serve as warning. 

There was much venting also because the shutdown means that no one is answering the general phone lines at OSHA. One of the things they miss is getting an answer fairly quickly to a question that they have. My session went over an hour longer than budgeted, but they were engaged and it showed that are passionate about the issues.

September 2013 News

This month powerpoint is on waste water treatment plants. I use it as part of a two day training session on the sector. I find people like reading about accidents in their sector vs. general fatality statistics. Most of these came from news stories and I try to provide the link below. 

Thanks to Eric and the Dupage Forest Preserves, Exceeded my 100 people trained in General industry! I am up to 115 trained in the OSHA 10 hour course for General Industry in 2013.

I am noticing the repeat citations constantly, so I will put that designation on the summary violations. 

Here is the news for September 

1) Congrats to John Bastert for his August 2013 retirement from the IL Consultation program.  John did a lot of work with sanitary treatment plants so the ppt is for him. 

2) Congrats to Larry John for his promote to the Lansing MI Area office. He was recently a supervisor in the Peoria Area Office. 

3) Thanks Matt Stein for “The last MMWR I saw on silica, which was from about 7 years ago, showed rates were reduced by 93% from 1968 to 2002. OSHA, MSHA, and ACGIH are 3 definite reasons reasons for the reduction. Here is the article: http://www.cdc.gov/mmwr/preview/mmwrhtml/mm5416a2.htm During 1968--2002, of approximately 74 million death certificates, silicosis was recorded as the underlying or contributing cause of death on 16,305; a total of 15,944 (98%) deaths occurred in male “ 

4) IPAF is sponsoring a webinar, will be holding a live aerial lift safety event in Chicago on Oct. 21-22. View information on this event athttp://www.ipaf.org/en/services/us-convention.

5) Congrats to Anthony Touhy Jr. for being selected as Director of the OSHA Training Institute. 

6) Harwood Grantee offer free OSHA training. For Example, the Construction Safety Council has free classes in Spanish Call 1-888-595-5972. Here are the 2013 awards for next year.  https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=NEWS_RELEASES&p_id=24807 

7) I had student on my class mention there are some trainers telling them they can unhitch the fall arrest in an ANSI A92.5 aerial lifts once they are at a stationary location. That is incorrect. Workers must always have fall arrest worn in these lifts. Many lifts have been hit by equipment/lose hydraulic and catapult workers out of the lift. 

8) ANSI Z359-2007 requires the snaphooks to have 3600 gate strength. There are many old snaphooks out there and they should replace them if there is any chance the gate could be sideloaded in use. 

9) Congrats to all the Fairview OSHA office for being upgraded to an Area Office. 

10) Tree-service owner charged with manslaughter of a child after 14-year-old fell to his death

http://jacksonville.com/news/crime/2013-09-23/story/tree-service-owner-charged-manslaughter-child-after-14-year-old-fell-his#ixzz2frEUubC5

Significant OSHA Enforcement Action 

September 2013

Penalty                        State    Major Issues

1) $42,120       GA      combustible dust, wood builder

2) $51,800       MO      Electrical fatality, Steel mfr

3) $53,000       IL        Machine guarding, lockout, hot dog mfr

4) $63,490       OH      Machine guarding, lockout, shower-tub mfr

5) $185,560     WI       Machine guarding, stairs, hazcom, Packaging co.

6) $262,000     IL        PSM, Explosion, paint mfr

7) $42,000       NJ        Work zone safety, Traffic control, 

8) $61,600       OH      Amputation bandsaw, packaging company

9) $62,000       GA      BBP FTA, Medical facility

10) $83,415     MS      Floor hole fall, Oil Mill

11) $48,510     IL        Repeat trenching

12) $53,900     NJ        Repeat falls, Decking contractor

13) $45,100     TX       Repeat Falls, Roofing

14) $75,000     IL        Repeat blocking exits, Shelving Manufacturing

15) $199,500   NY      Repeat blocked exits, fire safety, Drugstore

16) $336,200   MA      Repeat truss bracing violations. Carpentery

17) $67,760     IL        Repeat Trenching, 

18) $137,400   MO      Finger amputation, lockout, glass mfr

19) $75,460     IL        Repeat Trenching

20) 119,000     GA      Lockout, explosion, power plant

21) $59,000     GA      confined space, respirators Marina

22) $69,200     AL       Fall protection, working during storms, Steel Erection

23) $81,000.    OH      Machine guarding winding machines. Plastics mfr

24) $132,800   NE       PSM, cold storage warehouse

25) $45,500     NJ        Repeat Blocked exits, conveyor guarding, distribution center

26) $249,920   NY      Fall Protection, scaffolds, Hirise construction

27) $58,410     NY      Fall, Support beam failure, Construction

28) $83,300     TX       Confined Space, Tank Cleaner

29) $166,000   TX       Lockout, Extruder

30) $61,600     FL       Repeat Lockout, Pallet mfr

31) $41,000     NY      Bloodborne, Nursing home, 

32) $49,500     NJ        Exits, machine guarding, Shirtmaker

33) $128,000   NY      Exits, bandsaw guarding, PPE, supermarket

34) $175,000   AR      Indoor crane, Nuclear plant

35) $88,200     TX       Machine guarding, Tank mfr

36) $49,500     WI       Styrene, Fiberglass mfr