OSHA News for
January 2020
Hello,
That January was
a hard and busy month. Legal work had me reading 60+ depositions and working
every day.
This month’s
PowerPoint is most cited industry violations. I appreciate the help from OSHA
on finishing it. I put in the 2005 most
cited and the list generally is similar. There are more lockout violations in
the last 15 years.
I renewed my
Train the Trainer for General Industry. It is good to see medium size companies
getting this for the employees.
I was interviewed
for scaffolding issues by Safety and Health Magazine. Scaffolding is
inexpensive to do correctly. Most just need the training.
https://www.safetyandhealthmagazine.com/articles/19224-safe-scaffolding
The Annual
Construction Safety Conference in March 2-3, 2020< There several interesting
topics including, Suspension Trauma, Task Based PPE, Underground Utilities, VR
and AI for Safety training, Aerial Lift Operator qualifications, 2021 NFPA 70E,
and Cyber Liability. I will speak on
“What Doesn’t Kill You, Hurts. Preventing the Top 10 Most Common Construction
Hospitalizations”
https://chicagoconstructionexpo.com/
Stay warm,
Inspect the electrical cords and equipment.
John
OSHA News.
1) Top OSHA
construction fines of the fourth quarter.
https://www.constructiondive.com/news/constructions-costliest-osha-fines-of-q4-2019/570920/?fbclid=IwAR1WSpYvd_HjTDXuIi_gkTE10oTviZM_0-pV_XRxiqRzf9L7fxUOf69S-Rk
2) The new 2020
maximum OSHA penalties are as follows:
• Other-than-Serious: $13,494
(increased from $13,260)
• Serious: $13,494 (increased from
$13,260)
• Repeat : $134,937 (increased from
$132,589)
• Willful: $134,937 (increased from
$132,589)
3) States
increased OSHA inspections.
Workplace safety
inspections by state agencies increased 2.3% in fiscal year 2019, newly
released data shows.
The state-led
inspections totaled 42,028, compared with 41,066 in fiscal 2018. However, the
2019 total is below the level of two to five years earlier, when states
averaged more than 43,000 inspections annually.
Conducting the
work-site checks were state versions of the federal Occupational Safety and
Health Administration.
In 21
states—including California and Michigan, and Puerto Rico—the agencies are
primarily responsible for policing worker safety. In another five states—among
them Illinois and New York, and the U.S. Virgin Islands—the agencies have
jurisdiction only over state and local government employees.
In comparison, federal
OSHA made 33,401 inspections during 2019, a 4% boost over its 32,023 visits in
2018.
Of the state
inspections, 60% led to citations. For federal OSHA, about 70% of inspections
result in citations.
Construction
sites were the most commonly checked workplaces by states, accounting for 42%
(17,499) of the state inspections. For federal OSHA, construction has accounted
for about half of its inspections.
Bloomberg Law
obtained the 2019 state data through a Freedom of Information Act request to
federal OSHA, which tracks state efforts.
Staff Retention,
Report Response
Steve Hawkins,
chair of the Occupational Safety and Health State Plan Association and an
official with Tennessee’s program, said two factors likely contributed to the
increased inspections.
Many states have
been focusing on staff retention, Hawkins said.
Officials from
several states over the past decade said federal dollars for state inspections
didn’t keep pace with inflation and that state allocations didn’t make up the
difference. The budget crunch meant it could be difficult to retain experienced
inspectors and hire new staff.
The federal
government underwrites a portion of the states’ enforcement costs. For 2019,
Congress allocated $102.4 million. In 2020, the appropriation increased to $108.6
million.
State plans are
required to at least match their federal enforcement grants and may spend more.
In 2018, the most recent year for which state numbers are available, states
equaled the $100.9 million in federal funding and added $128.4 million on their
own.
Hawkins also said
states have refined the process for deciding how to respond to injury and
hospitalization reports.
Starting in 2015,
employers were required to report serious injuries and hospitalizations to
federal or state safety agencies. Since then, the agencies have been looking at
how to balance responding to those reports compared with conducting other types
of inspections that may prevent future injuries
https://news.bloombergenvironment.com/safety/states-increased-worker-safety-inspections-in-fy-2019
4) Mike Rivera
was selected as Philadelphia Regional Administrator.
5) A contractor
was found in contempt of court for failing to pay more than $2.2 million in
OSHA penalties.
The Department of
Labor filed a petition with the 11th Circuit Court of Appeals for summary
enforcement against Great White Construction Inc., Florida Roofing Experts Inc.
and owner Travis Slaughter pursuant to Section 11(b) of the Occupational Safety
and Health Act of 1970 (OSH Act) to enforce 12 final orders of the Occupational
Safety and Health Review Commission (OSHRC). Those final orders include
multiple egregious, willful and repeat violations for lack of fall protection
and other safety and health hazards at worksites in Florida. On October 2,
2017, and June 5, 2018, the court granted the department’s petition, enforcing
the final orders of the commission.
https://www.osha.gov/news/newsreleases/region4/01102020
6) OSHA can
include in a General Duty Clause citation that a hazard was recognized by an
employer’s industry, but it can’t enforce an industry or a consensus standard,
an agency spokesperson wrote in an email to S+H. It can, however, use those
standards to show industry recognition of “a hazard and a feasible means of
abatement,” but the other two parts of the test must be met as well.
Stille’s memo
also states that industry recognition can come from a trade association
guidance document, but Fairfax cautioned that OSHA would likely have to show
that the employer was part of that particular association.
https://www.safetyandhealthmagazine.com/articles/19258-oshas-general-duty-clause
7) Further, in
2019, Aluminum Shapes had a total of 13 recordable injuries plant-wide, less
than half the average of 28 recordable injuries at facilities sharing Aluminum
Shapes’ service and product scope. Far from being out of step with the
"safety and health standards" cited by Ms. Dixon-Roderick, Aluminum
Shapes’ standards are outperforming those of its peers.
https://finance.yahoo.com/…/aluminum-shapes-response-osha-p…
It was a typical
press release for a 100k violation.
https://www.osha.gov/news/newsreleases/region2/01272020
8) Amazon injury
rate double Cal-OSHA for sector.
Caballero’s
injury was one of 307 injuries and illnesses recorded at the Fresno fulfillment
center between June 2018, when it opened, and May 2019, according to federal
Occupational Safety and Health Administration records
https://www.fresnobee.com/news/local/article238941159.html?fbclid=IwAR02Eo86rJnAfQPBZ0usb2aBxA8VfOwIb7hgQPvGU0Geumtb6Gks1YhLnHc
9) Good article
about the General Duty Clause
https://www.safetyandhealthmagazine.com/articles/19258-oshas-general-duty-clause?fbclid=IwAR2LdbNakr_OeUk9VxRzihsu47ajyxj4IiPraFOBhJRQZAn-yf3PIUYfH0E
10) “We get some
companies with a $13,000 fine, but they must spend like $75,000 to fix it ...
they’re going far beyond what we’re asking them to do,” said Larry Johnson,
OSHA’s district director who oversees central, southern and southeastern Ohio.
This is probably
a misquote. The OSHA law says the machine must have a guard. The cost of $75000
is never that high. Most machines are guarded for a few thousand dollars. The
fine is the punishment for not guarding it in the first place.
https://www.dispatch.com/news/20200112/osha-fines-often-negotiated-down?fbclid=IwAR20w4aspuIdJxtIOAXGuI0I1ijQ2fLIcd5rW5Si1ztb5F6gxGd1z0cdy_U
11) OSHA State
plans increased inspections.
https://news.bloombergenvironment.com/safety/states-increased-worker-safety-inspections-in-fy-2019?fbclid=IwAR2sbnmEx1Y61KN4e51wFDcmgOo50mm8rkoO9-rTEDIe85ttuUSOh7RU2bM
Other Major News
Stories.
1) I am seeing
2020 several passing motor vehicle collisions in the last few weeks. This video
has some good tips on gauging distance.
https://www.youtube.com/watch?time_continue=38&v=TU4-9k1BSaE&feature=emb_logo
2) Trench rescuer
died trying to save a coworker.
http://www.chronline.com/crime/documents-detail-harrowing-attempts-to-save-chehalis-man-at-wind/article_6aeb8d7c-3bd2-11ea-ace3-0bec820bf034.html?fbclid=IwAR27RyxrDMN0ZJzEH7g6Gka1hD3Zvca2ij0tMLKBWDhgtupFh8bXRKwFzkQ
3) Good article
on Workplace cannabis and alcohol by Seyfarth Shaw.
https://www.environmentalsafetyupdate.com/cannabis/weed-at-work-should-employers-expand-alcohol-at-work-to-cover-recreational-cannabis/
4) Ohio worker
dies when falling in a vat of chemicals.
https://www.foxnews.com/us/ohio-metal-plant-worker-dies-after-falling-into-chemical-vat?fbclid=IwAR0sf-vrw8agzpZi_qtKboY5r-0j3_4YszRuwlSMyl0rfF1UX-hWSB3eibc
5) Another
preteen farm death in MN in less two months.
Upon arrival,
responders learned that the 9-year-old boy had been accidentally pinned under
the arms of a skid steer loader during a farming operation.
https://minnesota.cbslocal.com/2020/01/22/9-year-old-boy-killed-in-northern-minnesota-farming-accident/?fbclid=IwAR1NTVkfuZrl-2OlK03JPNAKGMNry9noLPNrMVa0gFBaCrYFQZWD_r7E5C4
Safety Training
at Non-Profits
CHST Prep MN
Safety Council Feb
3-5
OSHA 510 CSC Feb
10-13
OSHA 511 NIU
Hoffman Estates Feb
24-27
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 231 people this year. I teach evenings, weekends, early mornings too. I
teach in Wisconsin, Illinois, Iowa, Minnesota, and Indiana.
All presentations
are put on slideshare.net for free downloading. I put this presentation at this
link.
https://www.slideshare.net/johnanewquist/cy19-gi-most-freq-cited-general-industry
I use your
feedback to make changes to make corrections.
OSHA Citations
January
$88,482 AL Trench
death
$605,371 PA
Roofing fall protection
$169,524 NJ
Aluminum Manufacturer. Failure to call in injury, and crane issues.
$59,311 PA
Trenching
$132,600 PA PSM
Refinery
$227,304 MA
Retailer blocked exits
$37,318 MS Trench
death
$1,007,717 FL
Roofing falls Egregious
$171,628 WI Valve
company, Lead violations
$79,559 MS Trench
hazards
$159,118 AL Teen
fell from roof.
