OSHA Weekly

Saturday, February 27, 2021

OSHA news for february 2021

OSHA News for February 2021 Hello, What a short busy month! Training in person is popular again. Some companies have in classroom and online at the same time. This month’s powerpoint is Most Frequency cited for Construction in FY2020. It is good to see OSHA cite the program standards in the top 10. Over 2000 people viewed last month’s ppt on Linked-in. That is the highest ever. March 8 is the first FREE machine Guarding Class at NSEC. Completing it gets you a nice color machine guarding book. It is online via Zoom. Depositions are averaging twice a month. Multi-employer is the issue that gets the controlling employer. March is a good time to check the fall protection equipment. I am still seeing snaphooks and carabiner without marking on the gate to show that there is 3600 pounds of strength. ANSI A10.8 requires a scaffold tag program. It is industry practice to alert used that the scaffold is safe to use. John OSHA News. 1) Anthony Towey passed away this month. He was at the OSHA Training Institute in many roles. https://www.tributearchive.com/obituaries/20084463/Anthony-J-Towey/wall 2) Dr. Michaels wants OSHA to address ventilation. https://www.nj.com/opinion/2021/02/former-osha-head-were-getting-it-wrong-on-covid-workplace-safety.html?fbclid=IwAR22K83vh5IAORK57Lq78eMKm567raKMS4nC7EzkfIzjodMYVV8sDCBGCnI 3) A 14 year old died falling from a roof in construction. OSHA’s Howie Eberts interviewed. https://fox8.com/news/video-shows-14-year-old-boys-terrifying-fall-off-roof-while-doing-construction-contractor-cited/?fbclid=IwAR16-DuUBDmSL8Lb5gQqrv_Raz9hOTcfMfqTxkgaPOSsdJcTN2vlB556xWs 4) Big loss to OSHA on citing repeat violations. ISHN February 10, 2021 Megan E. Baroni, Christopher Y. Eddy, Peter R. Knight, and Jonathan H. Schaefer The Occupational Safety and Health Act provides for increased penalties for employers who fail to rectify conditions following an Occupational Safety and Health Administration (OSHA) citation resulting in a similar incident. Such “repeat citations” are an essential element of the Occupational Safety and Health Act (OSH Act) enforcement scheme. As OSHA practitioners and environmental, health and safety professionals know, avoiding repeat citations is often a central issue when resolving an OSHA enforcement matter. OSHA policy instructs the agency to consider several factors when determining whether to characterize a citation as “repeat.” One of those factors involves a situation in which there has been a change in corporate structure or ownership between the initial and subsequent violations. In such instances, OSHA will evaluate whether there is “substantial continuity” between entities that warrants characterization of a citation as “repeat.” If, however, there is enough change in the corporate structure between the initial and subsequent violation, the citation will not be classified as “repeat.” Based on these distinctions, the Tenth Circuit upheld the Commission’s decision and found that the Commission properly weighed and considered the three factors from the Sharon & Walter test. More specifically, the Tenth Circuit agreed that because the CVR Energy executives controlling safety-related decisions at Wynnewood LLC were not the same as those who previously controlled decisions at Wynnewood Inc., and the change in leadership resulted in marked changes to the safety policies and procedures at the refinery, the substantial continuity test was not met. 5) IL OSHA investigating Worker killed by Front End Loader. https://chicago.cbslocal.com/2021/02/12/man-struck-and-killed-by-city-salt-truck-on-south-side/ 6) Hazard alert. There are so many online Forklift "train the trainers classes" giving cards or certificates without checking if the student is qualified to train. I am seeing 20% of these trainers never run a forklift. One sells a training kit and you are an instant trainer. https://www.osha.gov/laws-regs/standardinterpretations/2003-07-23?fbclid=IwAR3FEFrUOJDXpSAyTEnE46ODGNlE-HxfU3cQxdABP5TJjcbpICHO0NGXhPQ Other Major News Stories. 1) COVID-19 deaths. I did not count the presumptive cases. Friday February 26, 2021 - 483770 Deaths, 28, 390,327 infected, 66.46 million vaccinated. Friday February 19, 2021 – 469388 deaths, 27,893,357 infected, 56.28 million vaccinated Friday February 12, 2021 – 450,310 deaths, 27,382,857 infected, 44.77 million vaccinated Friday February 5, 2021 – 431,151 deaths, 26, 654,972 infected, 33.88 million vaccinated 2) The Construction Safety Council has a virtual safety conference with CEUs. Watch any of the safety session recordings within 30 days and earn CEU credits. Visit the Construction Expo & Safety Conference website to see the complete schedule of events. Ergonomics and 70E updates are good topics. https://chicagoconstructionexpo.com/ 3) Two workers died when hit by backing dump truck. https://www.bostonherald.com/2021/02/24/boston-police-two-pedestrians-struck-with-life-threatening-injuries/?fbclid=IwAR2BZwJSZnkClR3k_5AcofvudQkxCo-0_Ht4mW10jFOSsD-N_43Im3xVY-s 4) APOLLO BEACH, Fla. - A contractor died while working at Tampa Electric’s Big Bend Power Station in Apollo Beach this morning, company officials have confirmed to FOX 13. https://www.fox13news.com/news/worker-dies-at-tecos-big-bend-power-plant?fbclid=IwAR1NbUpPkJSZamS3at1-ZN3yIvMU2yZufGanZOC9wvSucsSS53O1aUn8pHg 5) Anyone seen an exoskeleton used in a workplace? Here is the Ford one. https://www.youtube.com/watch?v=lWmFEoDjUc4 6) Four hurt in explosion at CA industrial park. https://apnews.com/article/fires-los-angeles-santa-clarita-d630e62db0ab3157f5b9b6adb8217a58?fbclid=IwAR03JY7HD0stsCxxhmQL0NiJ3BsV9J8cpB4V_QNwWJrXuHgLbAGeip9I_E8 7) OSHA appointed Joseph Hughes as Deputy Assistant Secretary for Pandemic and Emergency Response. Recent OSHA Citations State Inspection Number Employer City Issuance Date Initial Penalty AL 1488744.015 Polyplex USA, LLC DECATUR 02/08/2021 $162,199.00 CA 1488964.015 Hi-Grade Materials Co. INDIO 02/09/2021 $75,000.00 CA 1480866.015 State of California, Department of Corrections & Rehabilitation SAN QUENTIN 02/01/2021 $421,880.00 CA 1480866.015 State of California, Department of Corrections & Rehabilitation SAN QUENTIN 02/01/2021 $421,880.00 IL 1506367.015 MWM Construction, Inc. WHEATON 02/03/2021 $41,842.00 IL 1509682.015 Mango Construction, Inc. PARK RIDGE 02/01/2021 $49,777.00 KS 1504197.015 Redbarn Pet Products, LLC GREAT BEND 02/08/2021 $68,267.00 KS 1505825.015 Orbis Corporation OSAGE CITY 02/01/2021 $62,218.00 MA 1487711.015 Northern Wind, Inc. NEW BEDFORD 02/01/2021 $48,450.00 MO 1489160.015 Arrow Plumbing, LLC BLUE SPRINGS 02/12/2021 $299,590.00 NY 1486480.015 Alba Services, Inc. NEW YORK 02/01/2021 $98,303.00 NY 1487122.015 The Roofing Guys CICERO 02/03/2021 $90,111.00 OK 1502666.015 J & I Manufacturing, Inc. MADILL 02/08/2021 $136,532.00 WA 1512667.015 Maple Valley Fitness, Inc. MAPLE VALLEY 02/11/2021 $85,200.00 WA 1514088.015 Magics Pizza, LLC SELAH 02/11/2021 $48,000.00 WA 1514313.015 D&J Oestreich, LLC OKANOGAN 02/11/2021 $125,307.00 WA 1512861.015 Harbor Life Chiropractic PC GIG HARBOR 02/18/2021 $60,000.00 WA 1514085.015 Duling Enterprises, LLC LONGVIEW 02/18/2021 $180,000.00 WA 1512672.015 Duling Enterprises, LLC LONGVIEW 02/16/2021 $180,000.00 WA 1514310.015 Coles Coffee Shop, Inc. SPOKANE VALLEY 02/16/2021 $67,473.00 WA 1511927.015 Mountain Enterprises GB, Inc. GOLD BAR 02/04/2021 $60,000.00 WA 1514312.015 Maple Valley Fitness, Inc. MAPLE VALLEY 02/16/2021 $85,200.00 WA 1510994.015 Fowler Nat D & Mary M OLYMPIA 02/08/2021 $154,224.00 WI 1488772.015 Siny Corp. JANESVILLE 02/08/2021 $42,132.00 WI 1497877.015 Worthington Industries CHILTON 02/03/2021 $88,745.00 WI 1502124.015 Country Visions Cooperative OOSTBURG 02/02/2021 $173,591.00 WI 1490861.015 Milwaukee Valve Company, Inc. PRAIRIE DU SAC $107,284.00 Safety Training at Non-Profits (Check Sites for Starting Dates) OSHA 511 Online March 15-18 OSHA 10 NIU March 23-24 Machine Guarding NIU Online March 12, 29 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.shtmlCSC 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/ Global OSHA is https://www.globalosha.org/ 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 136 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/fy20-most-frequently-cited-osha-standards-in-construction I use your feedback to make changes to make corrections.

Sunday, January 31, 2021

OSHA News for January 2021

Hello,

We got about 12 inches of snow in January. I hope those that shovel have an ergo shovel which is easier on the back. A snow blower is the best method. Many amputations on snowblowers when people push their hand in the discharge chute while is it running. Just shut it off and clear the chute.

This month starts the busy period where many construction employers want training. March is completely booked.

The new OSHA team is in the Labor Department building. I expect the OSHA head will be nominated by April or earlier. Jim Fredericks, who retired from the USW, will be acting OSHA head for now. There are 5 vacant Regional Administrator positions and 2 Director positions that need to be filled.

The Construction Safety Council has a virtual safety conference with CEUs.

Watch any of the safety session recordings within 30 days and earn CEU credits. Visit the Construction Expo & Safety Conference website to see the complete schedule of events.

Ergonomics and 70E updates are good topics.

https://chicagoconstructionexpo.com/

This month’s powerpoint is Most Frequency cited for Manufacturing in FY2020. I like the fact that OSHA gave me the data by topics since these ten issues are much more than the same old list by individual standards. It confirms that lockout is the main issue in general industry before any other. I do audits and I see many holes in that program for the Fortune 500 Program.

John

OSHA News.

1) OSHA issues stronger COVID Guidelines. “Employers should implement COVID-19 Prevention Programs in the workplace.”.

https://www.osha.gov/coronavirus/safework

2) Criminal Charge for Dupont manager.

https://www.justice.gov/usao-sdtx/pr/dupont-and-former-employee-charged-2014-fatal-la-porte-incident?fbclid=IwAR0Mb7uFJVu5KgWHuuVTLEXS-ePSMnjUTuAU1iMLX4zlSymcs8Ou4TTuDBA

3) John Newquist, a safety consultant who worked for OSHA for nearly three decades, said after the September memo, the "fear is gone" from employers.

https://www.usatoday.com/in-depth/news/2021/01/11/covid-19-deaths-not-investigated-osha-meatpacking-plants/6537524002/?fbclid=IwAR0Ch5F5ddkt8tGmCO08xZhbsd0YvmlsfvMyhEJ6IcQblv0h4_FCCDZOxXE

4) Two shot dead at UPS facility in IL.

https://www.nbcchicago.com/news/local/2-found-dead-after-report-of-shooting-at-ups-facility-in-hodgkins-police/2413591/?fbclid=IwAR1PpnO5hIfs_Xn4Y6Sx6i4vytCFD2awiGdbL8pqz2PX0BeC3knBLY8OjSo

Friday, January 1, 2021

OSHA News DEc 2020

OSHA News for December 2020

Hello,

We made through one of the toughest years in recent memories. I appreciate all the support for safety and health by many of the people here.

Legal work is picking up more with two more depositions in December. The largest case settled and paid me. I hope to see some mention of the amounts on the Law Firm’s website in the next year.

Another victory. The injured employee was yelled at to move a tote of chickens (1000 pounds) and got a hernia. Hernia repair in Texas is $4000-8000. They were not a subscriber to worker comp in Texas. So the injured has to sue to get medical, salary lost, and pain and suffering.

I testified in court about using pallet jacks or have carts with wheels with less chickens. The judge awarded the injured $400,000+. It would have been much easier to pay for the surgery and the time off. The cost would be $15000 at most. The company legal fees were probably around $100-200K in addition. This was David vs. Goliath. They are a $3.4 billion-dollar company. It is good to see the worker win one.

I trained 2680 people in 2020 with 50% via online. I like Zoom the best of all the platforms.

The top five topics were:

1) Machine Guarding

2) The OSHA 511 class

3) Respirators

4) Fall Protection

5) Confined space.

This month’s powerpoint is Excavation Safety Refresher. I find most workers in the sector have had some training so this is covers the solutions and missed items for the workers and competent person.

Stay safe and walk like a penguin in all this ice.

John

OSHA News.

1) Follow up to an explosion. OSHA issued a general duty clause violation for $13K.

OSH ACT of 1970 Section (5)(a)(1): OSH ACT of 1970 SECTION (5)(a)(1): The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees were exposed to struck by hazards: The employer is failing to protect employees from autoclave explosion hazards. This was most recently documented on or about December 27, 2019 at the Textron Aviation Inc., East Campus, Building 36, Plant 3 area located at 130 N. Webb Road, Wichita, Kansas. On December 27, 2019, the employer operated the liquid nitrogen pressurized vessel, referred to as Autoclave 8. As the pressure in the autoclave built, a catastrophic thermal fatigue failure occurred, which resulted in an explosion, which critically injured 2 employees, potentially exposing employees to broken bone, concussion, crushing, laceration, and struck-by hazards. Among other methods, feasible and acceptable means to correct this hazard includes but is not limited to the following: 1)Developing and implementing measures to effectively monitor, control, discover, maintain and repair pressure vessels, including autoclaves, by following: (a) American Petroleum Institute (API) 510: 3.1.19 Procedures for deferring inspections, 3.1.66 Conduct risk based inspection, 4.1.2 Owner responsible for QA inspection / repair system plan, 4.1.3 Management of change requirements, 5.1.2 Development of an inspection plan, 5.1.3 Minimum requirements of inspection plan, 5.5.6.1 Susceptible temperature range, 5.5.6.2 Susceptible locations, 5.5.7 Requirements for operator surveillance, 5.8.7 Brittle fracture Inspection, 6.6.2 QA Process, 7.1.2 Change in service, 7.2.1 Remaining Life Calculations. (b) American Petroleum Institute (API) 572: 4.2.9 Thermal Fatigue Inspection Practices, 4.2.9.3 Critical Factors, 4.2.9.7 Inspection Monitoring. (c) American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code (BPVC) Section VIII 1-2019: UG-20 Design Temperature. (d) National Board Inspection Code (NBIC) Part 2: 1.5.2 Pre-Inspection Activities, 2.3.2 Service Conditions, 2.3.5.4 Records Review, 3.4.3 Temperature Affects, 4.4.4 Remaining Service Life Assessment Methodology, 4.4.6 Identification of Damage Mechanism, 4.4.7 Determine Inspection Intervals, 4.4.7.1 Method for Estimating Inspections Intervals for Pressure Retaining Items Subject to Erosion or Corrosion.

Security video captured by Orr Nissan of Wichita shows the moment a nitrogen tank at Textron Aviation exploded Friday morning. http://bit.ly/362kpLB #kwch12

2) There were 5,333 fatal work injuries recorded in the United States in 2019, a 2 percent increase from the 5,250 in 2018, the U.S. Bureau of Labor Statistics reported today.

https://www.bls.gov/news.release/cfoi.nr0.htm?fbclid=IwAR0PawfmDai1sl3TVdDYFB8g0BBv8JLXhzrW28MNeboevofjFDh-NaDmOOk

3) I was interviewed for the OSHA top 10 violations.

https://www.safetyandhealthmagazine.com/articles/20521-insights-into-oshas-top-10?fbclid=IwAR3pHZb1T9W8TDI9Z-npo7t-LHJ8Mudw-MywNTKrURWtulHDAgzquP1ZVZE

4) (Salem, OR) -- Dozens of demonstrators descended on the home of an Oregon workplace safety inspector over the weekend. They were protesting over a hefty fine issued to a Salem gym for violating COVID-19 orders. The Oregonian reports about 50 Patriot Prayer members gathered in Silverton yesterday at the home of an inspector with the Oregon Occupational Safety and Health Administration. The agency issued a 90-thousand-dollar fine last week to Courthouse Club Fitness for keeping its four Salem locations open in defiance of Governor Kate Brown's two-week freeze.

5) Ship Captain indicted on manslaughter for boat fire that killed 34.

https://www.cnn.com/2020/12/01/us/conception-dive-boat-captain-indictment/index.html?fbclid=IwAR3rXBWnVekRQV6_CIOVZK8SImoPDU8-FBLXiSpedRBAv18ABkBCH6D9xh0

Monday, November 30, 2020

OSHA News November 2020

OSHA News for November 2020

Hello,

The Covid virus was another surge and November the worst month for infections. I had three friends get it so be careful in social settings indoors and outdoors. I am a fan of Vitamin D, low dose aspirin and iron as my prevention medicines.

I am working on a Mill Safety ppt. If you have photos or milling machines, I would like to see them.

Two of the Chicago law firms settled a large plaintiff case against 6 companies. One worker died, the other lost both arms. I was deposed 9 hours about OSHA and Multi-employer. I think the case turned to settlement when the defense leading expert agreed with my multi-employer responsibility for the host contractors, general contractor, and subcontractors.

Another company reported a year without an OSHA recordable. 270 employees in the food industry. Three factors made the difference.

1. Consistent enforcement of the rules for all managers and workers.

2. 100% training for all workers in all OSHA topics.

3. Engineered lifts so that employees do not lift 50 pounds anymore. Vacuum lifts do the lifting.

This month’s powerpoint is incident investigation for industry. Many companies have asked to train the managers in incident investigation in the last three months. I have three training sessions in December alone. It is very interactive and gets them thinking. I hadn’t published a version since 2014 and I have many cases that are more relevant to industrial companies. I had to mail it PDF since it was 20 Megs. Email me or use slideshare if you want it in ppt.

I hope everyone can take some time off and relax during the December holidays. You deserve it.

John

OSHA News.

1) Alex W. Smith Jr., 87, of Rockford, IL passed away on November 10, 2020. Born February 12, 1933 in Rockford, son of Alex W. Smith Sr. and Doris (Corey) Smith. He also worked 25 years with the State of Illinois Safety and Education Division and the Federal OSHA program as safety compliance officer. He was an instructor for the OSHA Training Institute and Safety Supervisor Share online memories and condolences at www.fitzgeraldfh.com

2) Employer Appeals of OSHA Citations Fell in FY2020 Due to Virus

https://news.bloomberglaw.com/safety/employer-appeals-of-osha-citations-fell-in-fy2020-due-to-virus

3) Investigation: OSHA fails to issue citations in thousands of complaints from workers related to COVID-19

https://www.wtae.com/article/osha-fails-to-investigate-thousands-covid-19-complaints/34759576?fbclid=IwAR08cNW0Q-vnTr4BEZt92nGtY0NNdJD60nA2frZruJ73h4JzjgVXg1JWe4Q

4) Tyson Suspends Meat Plant Managers Accused of COVID Betting Pool

https://www.insurancejournal.com/news/national/2020/11/20/591414.htm?fbclid=IwAR0j4XpD8BiH7hiTzRaD-myurNNqcFm9hmaL0B2fN5YjcXluIYgPJDoMoH4#:~:text=Tyson%20Suspends%20Meat%20Plant%20Managers%20Accused%20of%20COVID%20Betting%20Pool,-By%20Mike%20Dorning&text=Tyson%20Foods%20Inc.%20said%20it,Covid%20outbreak%20earlier%20this%20year

5) Unions Float Two Picks to Be Workplace Safety Chief Under Biden

https://news.bloomberglaw.com/daily-labor-report/unions-float-two-picks-to-be-workplace-safety-chief-under-biden?fbclid=IwAR08cNW0Q-vnTr4BEZt92nGtY0NNdJD60nA2frZruJ73h4JzjgVXg1JWe4Q

6) Cal/OSHA requires face masks, sick pay in new COVID-19 worker protections

https://www.eastbaytimes.com/2020/11/20/cal-osha-requires-face-masks-sick-pay-in-new-covid-19-worker-protections/?fbclid=IwAR3fqD_Kak9FPZXUoovhw86oS7_NGC0BLWM69A9bPO3jJMU09_zzhofNsfg

7) Cloth masks are not PPE. OSHA

https://news.bloomberglaw.com/daily-labor-report/cloth-masks-are-not-personal-protective-equipment-osha-says?utm_source=dlvr.it&utm_medium=twitter&fbclid=IwAR2TjydsBaBg9OHHMLH1ryHyI3hE5AXkSij7PBVbb0BkoWrXGjP16nZLuLw

8) Expect These 8 Changes To OSHA Under The Biden Administration

https://www.jdsupra.com/legalnews/expect-these-8-changes-to-osha-under-19340/?fbclid=IwAR2QJL1kTbhaWYEyPl6yWHfYUzUa4JTK-Rx1sfyvedCls01Y3YRZTK1TWY4

9) Document Shows What COVID-19 Violations OSHA Cites Most

https://www.cleanlink.com/news/article/Document-Shows-What-COVID-19-Violations-OSHA-Cites-Most--26366?fbclid=IwAR0oKnLHwZhbQ0SSrRnHTB1YSl3gRXd21KpeaF0F4Ag7GIorfIXgMI_KrKE

10 ) Alabama auto parts maker Joon LLC, also known as Ajin USA, was ordered in federal criminal court to pay a $500,000 fine and $1 million to the estate of a worker who died after she was caught in machinery.

https://news.bloomberglaw.com/daily-labor-report/auto-parts-maker-joon-must-pay-1-5-million-in-worker-death?fbclid=IwAR0Kzxd9CRA6-HF1eDRCZkVlnsNYda2PLPq0Vb_mgFiuoHjNQ4YOif0-lLA

11) Contractor on hook for fine after not responding to fatality citation

https://www.businessinsurance.com/article/20201105/NEWS08/912337602/Contractor-on-hook-for-fine-after-not-responding-to-fatality-citation-Secretary-?fbclid=IwAR27pj552s6aaf9TdKSDIMlFsNrHz_MERBEbkhgOU_tzUBwHeKsmqI7HnLE

12) OSHA guidelines on covid ventilation.

Does not mention ASHRAE 10 cfm per person or ACGIH 6 air changes an hour.

https://www.osha.gov/Publications/OSHA4103.pdf?fbclid=IwAR1fOFCnizD0lRVh8MnPcUhna6Z6oWKfCve8wNup8i-ka5LG4nlE3Cn_eiw

13) Eleventh Circuit Says General Contractor Was Responsible for Subcontractor's Safety Practices

https://www.jdsupra.com/legalnews/eleventh-circuit-says-general-46977/?fbclid=IwAR0-zPlVFIksfumn9PryDX6toZKLpxCpyaz9soLljtZmkbXo7fGNgHPZwZ4#:~:text=Eleventh%20Circuit%20Says%20General%20Contractor%20Was%20Responsible%20for%20Subcontractor's%20Safety%20Practices,-Jonathan%20Crotty&text=OSHA%20says%20that%20if%20the,working%20on%20the%20construction%20site

Saturday, February 27, 2021

OSHA news for february 2021

Sunday, January 31, 2021

OSHA News for January 2021

Friday, January 1, 2021

OSHA News DEc 2020

Monday, November 30, 2020

OSHA News November 2020

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