Vol 1. No. 2
L.E. Myers
After a three-week trial, a jury found the L. E. Myers Company guilty on one count and not guilty on a second count of the indictment charging the company with willfully violating OSHA standards resulting in the death of two employees.
Count One of the indictment alleged that Myers willfully violated five OSHA standards each causing the death of Blake Lane, a twenty-year-old apprentice who was electrocuted on his second day on the job. Myers’ foremen ordered Lane to inspect the hardware on a static wire located at the top of a 120 foot high-voltage transmission tower. Lane was electrocuted when he contacted a 2400 volt energized distribution line. Myers’ foreman failed to determine that the line was energized, failed to brief Lane on the hazards of the job and permitted Lane to work in an area with energized parts and within the minimum approach distance to an energized line without personal protective equipment. Myers also failed to train its foreman at the site to recognize the hazards of an energized static wire. The jury, in a special verdict form, found that Myers willfully violated each of the five standards.
Count Two of the indictment alleged that Myers willfully violated three OSHA standards each causing the death of Wade Cumpston. The indictment alleged Myers failed to place and arrange a sufficient number of temporary grounds to protect employees from hazardous current. The indictment also alleged that Myers failed to adequately train and brief employees regarding proper grounding at the worksite. The jury found Myers not guilty. Myers argued that the failure to properly ground did not cause Wade Cumpston’s death. Several jurors interviewed after the trial stated that, while they believed the company violated the grounding standard, they also believed that the violation did not cause Cumpston’s death. Instead, they believed that Cumpston died because of an error in removing the grounds after work was completed.
DIOSH Days 2006
The DIOSH Planning Committee is especially looking for presentations that fulfill the needs of global safety, health and environmental professions. Presentations should emphasize hands-on, how-to learning, providing the audience with usable, applied skills.
General topic areas: Safety Management, Systems Safety, Regulatory Issues, Risk Management, Loss Control, Workers’ Compensation, Accident Prevention Programs, Ergonomics, Behavioral Safety, Fire Protection, Government, Consulting, Career/Personal Development, Manufacturing, Agriculture, Construction, Environmental, Health/Industrial Hygiene, and Emerging Trends in any of the areas noted above.
Inquiries may be made to: Ginger Johnson or Deb Dooley
TRICON
124 SW Adams, Suite 315, Peoria IL 61602
Phone (309) 637-0934 Fax (309) 637-0954
E-mail info1@triconpeoria.org
Internet www.DIOSHDay.com
Top Cited General Industry Standards (2004 Nationwide)
1) 1910.1200(e)(1) – No Written Hazard Communication program. Cited for mostly small employers on complaint inspections.
2) 1910.212(a)(1) – Machine guarding. Mostly cited for pinch points and rotating parts not in the point of operation. An example might be the pinch point created by die pins on a hydraulic punch press.
3) 5(a)(1) – General Duty Clause. Lately they have been for misuse of jacks, no magnetic motor starter on saws, and bad forklift platforms.
4) 1910.1200(h)(1) – No Hazard communication training. When new chemicals are introduced, employees must have some training on its hazards. This is an area often missed in training.
5) 1910.212(a)(3)(ii) – No point of operation guarding for machines. Common machines cited under this lately have been press brakes, hydraulic presses, die casting machines, and cold headers.
6) 1910.151 (c) – No eyewash. Most common are battery charging areas where acid is used.
7) 1910.215(b)(9) - Tongue guard of grinder not adjusted to ¼ inch of the wheel. We are still seeing many tongues removed for some reason on new grinders.
8) 1910.23(c)(1) – No fall protection on open-sided floors above four feet. Most common areas we are seeing are overhead mezzanine storage. Many just use a ladder to get material and have no guardrails on the mezzanine level.
9) 1910.147 (c)(1) – No written lockout program. Still a constant problem for small locations.
10) 1910.305 (b)(1) - Unused conductor openings not closed. Missing knockout in panel boxes seem to be common in older plants.
Trenching Outreach Package
The Directorate of Construction has a Trenching Outreach package that they would like to send out to trenching companies. I have not seen this package, but it consists of a copy of the trenching poster and of the pocket card along with a copy of a NIOSH CD-ROM on trenching. We are forwarding email names to Region for distribution. We need the company’s name and address if you like to get one.
Tony Gilson – ASP
Anthony Gilson of the Fairview Heights Office successfully passed his Associated Safety Professional exam last Friday. Congrats!
OSHA 10 Hour and Safety Training
These are sponsored by nonprofit groups and open to the public and we welcome any submissions from them in future newsletters.
Waubonsee Community College in Aurora/Sugar Grove IL.
OSHA 10-hour For Construction - 7am to noon on 9/14 and 15
OSHA 10-hour For Industry - 7am to noon on 9/28 and 29
Machine Guarding Safety - 9 am to noon on 10/13
Electrical Safety - 1pm – 4pm on 10/13
PPE - 9 am- noon on 11/3
Confined Space 1pm – 4pm on 11/3
OSHA 30-hour For Industry on August 25, 26 and Sept. 8 and Sept. 9 @ 7.5 hours each day 8 am to 4 pm
Phone number to register is (630) 801-7900 ext. 4120
Arc Flash
OSHA has been requiring electricians working around live electrical to have proper clothing. For example, NFPA 70E recommends Class 1 Flame resistant clothing, Class 00 gloves with protectors, and goggles for changing circuit breakers of 220 volts. Some recent accidents have been:
2004 - Day after Easter, Chicago school. They were rehabbing the school. He was working by himself and was going to put in new breakers. A maintenance person heard blast, electrical came running out on fire. He died later. 1200 amp service 220/440v. Normal clothing was worn.
2003 – Burned when changing breakers in a mall in Orland Park. He dropped a tool into the panel and it flashed. Normal clothing was worn. 220v.
2004 – O’hare Airport. They were installing new equipment in an electrical substation. 480v. High fault current occurred while they were feeding wire into switchgear via screwdriver. 2 employees were burned. One had FR clothing with sleeves rolled up with no face or gloves worn. Other had normal clothing.
2003 – Orangeville. Worker was removing fuses in a 480v panel when the tool grounded. The flash severely burned the employee. He was wearing normal clothing.
Trench Death in Wheaton
A trench collapsed Monday June 6th at a Wheaton high school construction site, killing a 74-year-old worker and injuring his son when both were trapped by tons of dirt in the 12-foot-deep ditch. The cave-in occurred about 3 p.m. at Wheaton Warrenville South High School, pinning the two workers, who were laying pipes in a trench. A "trench box," a device of steel plates and cross beams designed to stabilize steep trenches at construction sites, lay unused nearby.
Arm Amputation on Plastic Injection Molder
April 2005. A 22 year old woman lost her arm in an unguarded injection molder screw auger in St. Charles IL. Once the auger caught her, it slowly pulled her in until the arm came off.
Homemade Platform Causes Finger Amputation
In May, a worker lost three fingers when the steel platform he was on broke away while being supported by an underhung hoist in Belleville. The platform was used as a pseudo elevator and did not meet the ANSI requirements for one. All elevators must have enclosed sides at a minimum in addition to several other requirements.
Microwave Tower Fall
In Lincoln, IL during June, a worker fell 140 feet to his death while dismantling the tower. No fall protection was worn. The fall arrest rope grab was in the tool box. OSHA requires 100% protection while working on the tower.
“Where can I Buy a Safety Program?”
This comment was heard by a small roofing company at an informal in June. They were cited for not having a program, lack of safety training, ladders, electrical, and fall hazards. The company’s owner has no internet access and was thinking he just could buy a program and meet the 1920 20(b)(1) citations. Canned programs are usually not successful unless they are read, understood, and implemented. The program should incorporate past losses, noncompliance issues, and personal experiences. DCEO has free consultants that can make a customized program for an IL employer. (800) 972-4216 is the phone number.
Air Embolism
Mapleton, April 2005. A worker climbing down a ladder was struck by a worker using an air wand to clean equipment. The worker was hit in the back and received an air embolism. His abdomen was immediately filled with air and expanded. He was hospitalized and had exploratory surgery to look for internal damage. The OSHA requirement is that air pressure be reduced to 30 psi or less.
30 Years
Bonnie Knisch and office celebrated her 30th anniversary with OSHA in the Fairview Heights office. She has done an outstanding job throughout her career and we appreciate her hard work.
Quick Disconnect Hazard for Excavator
Recent inspections reveal that some excavation contractors are not aware of the hazard of quick couplers. Manufacturers of quick couplers have recognized the hazard of the bucket or other attachments being unexpectedly released from the quick couplers and, in most cases, have provided users with a retrofit locking pin which is manually inserted behind the front lever (stick pin) or rear lever of the couplers to prevent unintended releases. NIOSH has a hazard alert on this subject at http://www.osha.gov/dts/shib/shib082604.pdf OSHA would issue a General Duty clause violation /5(a)(1) violation for this condition.
Worker Hurt by Jack
April in Waterloo. A worker was hit by a jack that was being used to straighten out a bent scraper blade. Jacks should never be used for this process, only for lifting. He was hospitalized for four days with damage to the leg, vertebra, and face.
Comments
If you would like to receive this newsletter via E-mail, contact "newquist.john@dol.gov". Due to costs, this cannot be mailed to individual companies.
Comments on the newsletter should be addressed to John Newquist c/o OSHA, 2918 West Willow Knolls Rd. Peoria, IL 61614
Peoria office - Phone (309) 589-7033.
Fairview Heights office - Phone (618) 632-8612
The information contained herein has been compiled and reported with the intent that it is
both reliable and up-to-date, and is offered for general guidance only. Additional safety
measures may be required by your facility under certain conditions or circumstances.
Professional advice should be sought for specific situations.
