At a worksite where an inspector observed employees of a subcontractor working on a scaffold without fall protection, OSHA cited the general contractor for the violation, even though the general contractor’s employees were not directly exposed to the hazard.. As a of this ruling, the Court determined that the Occupational Safety and Health Review Commission abused its discretion in determining that OSHA’s controlling employer citation policy conflicted with the regulation.
Brian Karnofsky Jailed for Muscular Dystrophy
Brian has been arrested and will be put in jail for the Muscular Dystrophy Association (MDA) lock-up. We need to collect $2,000 for the MDA to help bail him out. Your tax deductible donation will help MDA continue research into the causes and cures for 43 neuromuscular diseases.
If you enjoy reading the Safety Tip of the Week, now is the time to help us give hope to kids and families that need our help.
Brian is the President of Environmental Resource Center. Many of you helped bail him out in 2007 and 2008, but he’s on his way back to jail this year. Don’t bother asking what crimes he’s committed—just know that we need your help bailing him out.
Top Five Common Myths about Tires
Keeping your tires in proper working order can prevent accidents, prevents accelerated tread ware, and saves fuel. The Tire Industry Association () wants to dispel the top five common myths about tires in order to help you get the most out of your tires.
Myth # 1: “Just because a tire has low tread depth, it’s still okay to drive.”
Fact: Driving on tires that are below 2/32” tread depth is not only potentially dangerous to you and others on the road, you are not really saving money, because it can drastically decrease your ability to drive in adverse conditions, such as rain or snow. The results could be far more costly than the price of replacement tires. Visually inspect your tires (including full-size spare tire, if applicable) and check tire inflation pressure every month.
Myth # 2: “If you increase tire pressure to the maximum recommended tire pressure, or even overinflate them, you will get better gas mileage.”
Fact: While this myth is increasingly popular with “hypermilers,” the truth is that inflating tires at, or beyond the maximum recommended pressure can not only increase tread wear prematurely, it can also make tires more susceptible to impact breaks from such things as potholes. Tires need to be inflated to the pressure indicated on your vehicle’s tire placard, commonly located on the edge of the driver’s door, the doorpost, glove box, or fuel door.
Myth # 3: “If your tire becomes punctured by a nail or other foreign object, it can be repaired without taking the wheel off the car.”
Fact: The only correct way to repair a tire is by taking it off of the car. On-the-wheel repairs do not ensure the tire’s structural integrity, and there may be damage caused by the puncture that will not be detected. TIA advises consumers to ask their tire repair professional if they are repairing tires on– or off-the-wheel before agreeing to the repair.
Myth # 4: “It’s okay to drive a car with one or more tires that have a slow leak, as long as you stop frequently to refill the air.”
Fact: This is potentially dangerous, because water can seep into the penetration and cause permanent internal damage to the steel belts. Any leaks—whether slow or fast—should be repaired by a tire service professional immediately.
Myth # 5: Using petroleum– or silicone-based tire cleaners/shines won’t damage tires.”
Fact: Many popular tire cleaners/shines contain petroleum or silicone products, which will damage the rubber. Tire manufacturers add a wax-based protectant that helps to protect the tire against ozone, which will cause the tire to begin to crack and dry rot. This wax protectant is forced to the surface every time a tire is flexed as it rolls. The silicone ingredient in many common tire shine products dissolves this wax protectant, thus increasing the tires vulnerability to dry rot. Consumers are advised to read the label when shopping for a tire cleaner/shine, and make sure there are no petroleum– or silicone-based ingredients.
“These are just a few of the common myths that are costing consumers gas, money, and even their lives,” said TIA Senior Vice President of Training Kevin Rohlwing. He went on to say, “As with battling most myths, the best weapon is knowledge. One way to gain knowledge is to speak with their local TIA member tire service shop.”
Spring Cleaning Safety
With some families operating on tighter budgets this year, Underwriters Laboratories (UL), an independent product safety organization, encourages consumers to be cautious when deciding whether to “reuse” or “replace” their spring cleaning tools this season. Whether that means hauling out the lawn mower from the garage, sprucing up your home with a fresh coat of paint, or gardening, remember to consider safety when heading outdoors and cleaning around the house.
“When you’re finally in the spring cleaning mode the last thing you want to do is take a trip to the emergency room,” says John Drengenberg, manager of Consumer Affairs at Underwriters Laboratories. “Yet more than 350,000 people do each year from injuries associated with improper use of ladders, lawn mowers and power garden tools. So if you’re cleaning out the gutters, mowing the grass, or brightening up the exterior of your home with a new paint color, following a few precautions can keep your family safer.”
UL recommends following these simple tips to make sure safety is a priority in your spring cleaning routine:
- If you’re re-using last season’s lawn and garden power tools, be sure to inspect them for frayed power cords and cracked or broken casings. If the product is damaged, have it repaired by a qualified technician, or replace it.
- Keep your lawn and garden tools in good shape for next year’s spring cleaning season. Never carry them by the cord, and never yank the cord when removing it from a receptacle. When disconnecting the cord, always grasp the plug—not the wire. Keep the cord away from heat, oil and sharp edges.
- When pulling out the lawn mower for the first time this year, refresh your memory and read the owner’s manual and know how to stop the machine in case of an emergency.
– If you have a gasoline-powered mower, store the gas in a UL Classified safety can.
– Always start the mower outdoors. Never operate the mower where carbon monoxide can collect, such as in a closed garage, storage shed, or basement.
– Do not operate an electrical or gas-powered lawn mower on wet grass.
- When you’re finished using your power tools and garden appliances, store them away from water sources to avoid electric shock. Never use power tools and appliances in the rain.
- Whether it’s brand new or been through a couple of spring cleanings, if you’re using a ladder, remember to read the instructions and warning labels before using. These instructions help you choose the proper ladder for the job and describe ladder weight and height limits.
– Remember the 4-to-1 rule. For every four feet of ladder height, the bottom of the ladder should be one foot away from the wall or object it is leaning against.
– Use fiberglass ladders whenever there is a possibility of working near electricity or overhead power lines.
- If you’re purchasing new tools this spring look for the UL Mark, which means that representative samples of that product have been tested to stringent safety standards with regard to fire, electric shock, and related safety hazards.
As the leading safety testing and certification organization in North America, UL has conducted product safety testing for 115 years. Each year, 21 billion UL Marks appear on more than 19,000 types of products—from lawn mowers to stoves—all of which have been evaluated to meet nationally recognized standards. The UL Mark means the product has been certified for safety regarding foreseeable hazards, like electric shock, fire, and mechanical dangers.
FDA Warns of Contaminated Cheese
The FDA is warning consumers not to eat Queso Fresco Fresh Cheese Mexican style soft cheese (two specific lots) or any Queso Cotija Molido Mexican style grated cheese manufactured and distributed by Peregrina Cheese Corp. of New York City. These products could be contaminated with Listeria monocytogenes, an organism which can cause serious and sometimes fatal infections in pregnant women, young children, frail or elderly people, and others with weakened immune systems.
Although healthy individuals may suffer only short-term symptoms such as high fever, severe headache, stiffness, nausea, abdominal pain, and diarrhea, Listeria monocytogenes infection can cause miscarriages and stillbirths among pregnant women. Consumers who may have recently consumed these products and have these symptoms should contact their health care providers.
No illnesses are known to be associated with the products at this time. The company is recalling certain products based on sampling and analysis by the FDA that detected Listeria monocytogenesin some of the samples.
The company is recalling two lots of its Queso Fresco Fresh Cheese Mexican style soft cheese and one lot of its Queso Cotija Molido Mexican style grated cheese. The Queso Fresco Fresh Cheese comes in a 14-ounce foil wrapped packages marked with lot number 4469 or 4477 affixed to each package on a white sticker and bearing UPC number 8 17424 00024 6 and Plant # 36-8431. The Queso Cotija Molido Cheese comes in 15-ounce clear plastic bags that are marked with UPC number 8 17424 00027 7 and Plant # 36-1388, but do not contain a lot number or production date.
Both products were distributed to retail stores in the New York City boroughs of Brooklyn, Queens, Bronx and Manhattan, and two towns in Pennsylvania (Scranton and Hazelton) in early February. The company has contacted all its customers and instructed them to destroy all affected products in their inventory.
Consumers who purchased any of the products are urged to discard them immediately. Although the FDA detected Listeria monocytogenesin only one production date of Peregrina Cheese Corporation’s Queso Cotija Molido Cheese, the agency is urging consumers to discard all of these products because they do not contain a lot code or production day code to allow consumers to distinguish between a product that is of concern and a product that is not of concern.
Please direct questions regarding this recall to Peregrina Cheese Corporation at 718-456-2391, Monday–Friday from 9 am-4:30 pm EST.
Trenching and Excavation Addressed in a Renewed Alliance between OSHA and the American Pipeline Contractors Association
“Excavation and Trenching Best Practices for Operators” and “Horizontal Directional Drilling Best Practices for Operators” are two of ten fact sheets developed by the American Pipeline Contractors Association (APCA) through the recently renewed OSHA and APCA Alliance.
All of the APCA fact sheets address activities associated with the pipeline construction industry and describe best safety practices when working with equipment including backhoes, sidebooms, and trenching machines. The Alliance also will focus on hydrostatic testing, a common way of locating leaks in pressurized vessels such as pipelines and plumbing. This test helps maintain the safety and durability of a vessel over time.
“We are pleased to renew our Alliance with APCA in a continued effort to develop products for reducing injuries and fatalities among pipeline construction workers,” said Deputy Assistant Secretary of Labor for OSHA Donald G. Shalhoub. “I am confident that future collaboration will generate more resources and information for preventing construction hazards and promoting safe and healthful worksites.”
OSHA Proposes More than $293,000 in Penalties Against Phenix Lumber Co., for Safety and Health Violations
OSHA is proposing $293,700 in penalties for 36 safety and health violations found at Phenix Lumber Co. in Phenix City, Alabama. The total proposed penalties include $202,500 for four safety citations and one health citation resulting from the company’s failure to correct violations identified during a previous OSHA inspection.
The citations include the company’s failure to obtain audiograms for employees exposed to noise hazards, not implementing specific lockout/tagout procedures to prevent accidental start-up of machinery, and three instances where machine guards had not been installed in a timely manner.
In addition, OSHA is proposing $23,100 in penalties for one repeat and seven serious health violations; and $68,100 for 17 serious, five repeat, and one other-than-serious safety violations. The health violations relate to poor housekeeping of combustible dust, lack of safety signs, lack of safety equipment, and using incorrect electrical and forklift equipment. The safety violations include unguarded machinery and pit openings, not utilizing lockout/tagout procedures, dangers to employees from unstable piles of lumber, lack of signage, and improper use of electrical equipment.
“These financial penalties are the direct result of the company’s failure to correct violations found in 2007,” said Kurt Petermeyer, OSHA’s area director in Mobile. “Even when OSHA staff pointed out problems during previous inspections and management agreed to correct them, the company did not follow through on its obligations.”
OSHA Fines John Prouty Construction Inc., $201,600 for Violations that Led to September 2008 Accident that Killed Four Workers
OSHA has cited John Prouty Construction Inc., for alleged violations of the Occupational Safety and Health (OSH) Act following an investigation of a trench collapse near Verdel, Nebraska, that killed four workers September 12, 2008. OSHA’s investigation of the excavation company’s site found three alleged willful and two alleged serious violations of the OSH Act. OSHA has proposed $201,600 in penalties against the company.
“There is no excuse for this accident and these workers did not need to lose their lives. It is appalling to realize there are companies that would allow, or even require, their employees to enter excavations without having cave-in protection,” said Charles Adkins, OSHA’s regional administrator in Kansas City, Missouri. “It is imperative that employers take the necessary steps to eliminate hazards and provide a safe working environment for all of their employees to prevent accidents like this from occurring.”
The willful violations stem from the company’s failure to instruct employees in recognizing and avoiding unsafe conditions when working in a trench and not having a cave-in protection system. Furthermore, excavated spoils and other equipment were not kept 2 feet from the trench edge. OSHA issues a willful violation when an employer exhibits plain indifference to or intentional disregard for employee safety and health.
The serious violations stem from the lack of hard hat use by employees where an overhead hazard existed as well as failure to provide safe access into and egress from a trench greater than 4 feet in depth. OSHA issues a serious citation when death or serious physical harm is likely to result from a hazard that an employer knew or should have known about.
John Prouty Construction has 15 business days from receipt of the citations to comply, request an informal conference with OSHA’s area director in Omaha or contest the findings before the independent Occupational Safety and Health Review Commission.
Automotive Parts Supplier H P Pelzer Assessed $135,000 in Proposed Penalties
OSHA is issuing citations for 24 occupational health and safety violations against H P Pelzer Automotive Systems Inc. in Thomson, Georgia. The agency is proposing $135,000 in penalties against the company. A health inspection of the plant revealed seven serious violations resulting in penalties of $32,500. The health violations include the company allowing combustible dust to accumulate, not protecting employees from noise hazards, and exposing employees to an airborne concentration of formaldehyde.
The company is also being cited with a repeat health violation and a $25,000 penalty for using high pressure compressed air to clean equipment resulting in clouds of resin dust, and a second repeat violation with a $25,000 penalty for exposing employees to high concentrations of airborne particulates. This location had been cited for similar violations after inspections conducted in 2006.
OSHA is issuing an additional 15 citations with proposed penalties of $52,500 after a subsequent safety inspection found serious violations including lack of guardrails, improper lockout/tagout procedures to prevent accidental start-up of machinery, electrical hazards, and employees using defective equipment.
“OSHA conducted this inspection as part of its national emphasis program on combustible dust,” said Gei-Thae Breezley, director of OSHA’s Atlanta-East Area Office. “No employee needs to risk their health and their life by working under these conditions.”
The company has 15 business days from receipt of the citations to contest them and the proposed penalties before the independent Occupational Safety and Health Review Commission. The site was inspected by staff from OSHA’s Atlanta-East Area Office.
Florida Crystals Corp. Assessed $66,500 in Proposed Penalties
OSHA has proposed $66,500 in penalties against Florida Crystals Corp.’s South Bay, Florida, production facility after uncovering 15 violations of OSHA standards during inspections that began last September in response to OSHA’s National Emphasis Program on combustible dust.
The 14 serious violations, with proposed penalties totaling $63,500, include management’s failure to keep the workplace free of accumulations of combustible dust; a locked fire exit door; failure to provide machine guards on equipment; not enforcing the use of seatbelts at the jobsite; not developing lockout/tagout procedures on packaging machines to prevent accidental machinery start-up; using a defective powered industrial truck; exposing employees to electrical hazards; and using high pressure compressed air for cleaning purposes.
The one other-than-serious citation, with proposed penalties totaling $3,000, is for the company’s failure to maintain separate injury logs for each of its establishments in 2006, 2007, and 2008.
“It is management’s responsibility to ensure its workplace is free of dangers that could seriously harm employees. OSHA will not tolerate a casual attitude toward safety,” said Darlene Fossum, OSHA’s area director in Fort Lauderdale.
OSHA Proposes $54,100 in Penalties for Roofing Contractor Following Fatality
OSHA is citing Southern Certified, a roofing contractor based in Pompano Beach, Florida, for nine safety violations following the death of an employee who fell about 30 feet while working on a roof without fall protection.
OSHA, which began its inspection in September 2008, is proposing one willful citation against management for allowing employees to continue working on the same roof without fall protection after the fatality. Eight serious violations include management’s failure to provide a warning line system around the entire perimeter of the roof, failure to provide a path of access to the hoisting area, improper use of ladders, lack of a written hazard communication program for chemicals, lack of a site specific hazard identification program and worksite analysis, and lack of employee training.
“Having experienced a fatality at this site, Southern Certified management’s failure to take precautions with other employees is irresponsible. That is precisely why OSHA is issuing the willful citation,” said Darlene Fossum, OSHA’s area director in Fort Lauderdale.
For the nine citations, OSHA is proposing $54,100 in penalties, $49,000 for the willful violation and $5,100 for the serious violations, against the company.
OSHA Fines Utility Contractor $50,000 for Alleged Safety Violations at Texas Worksite
OSHA has cited Austin-based Key Enterprises Inc. with four serious and two repeat violations of safety standards at the company’s worksite in Dripping Springs, Texas. The proposed penalties total $50,000.
“Employees should not be exposed to the dangers of excavation hazards,” said Eric S. Harbin, OSHA’s area director in Austin. “In this case, it is fortunate that no one was injured.”
OSHA’s Austin Area Office began its investigation on September 22 at the company’s worksite in Dripping Springs. The investigation found serious violations including the company’s failure to position a ladder within 25 feet of workers in the trench, failure to remove objects that could have fallen into the excavation, and failure to test the atmosphere for possible gases that may have been present. The two repeat violations were for failing to ensure employees were adequately protected from cave-ins and to remove workers from a worksite with known excavation hazards.
OSHA previously cited Key Enterprises in July 2007 and again in July 2008 for similar violations.
OSHA Fines Tim’s Hauling and Tractor Service Inc., Following Trench Fatality at Florida Site
OSHA has cited Tim’s Hauling and Tractor Service Inc., for safety violations following a trench collapse that resulted in a fatality last October at a worksite in the Tallahassee area. The company is being cited for one willful violation with a proposed penalty of $49,000 for allowing two employees to continue working in an 8-foot-deep trench after removing a protective trench box. After the box was removed, one worker was crushed when a sidewall of the trench collapsed.
The company is also being cited with two serious safety violations and $2,250 in proposed penalties for not placing a ladder used for access to and egress from the trench at least three feet above the edge of the trench, and for failing to adequately train employees to recognize and avoid excavation and trenching hazards.
“Excavation and trenching are among the most hazardous construction operations, but they can be performed in a safe manner when the proper safety equipment, such as trench boxes, is used consistently,” said James Borders, OSHA’s area director in Jacksonville, Florida.
OSHA has proposed $51,250 in penalties against the company, which has 15 business days from receipt of the citations to comply, request an informal conference with OSHA’s area director in Jacksonville, or contest the proposed citations and penalties before the independent Occupational Safety and Health Review Commission. The site was inspected by staff from OSHA’s Jacksonville office.