Effective April 8, 2016, California’s Office of Environmental Health Hazard Assessment (OEHHA) is adding abiraterone acetate (CAS No. 154229-18-2) to the list of chemicals known to the state to cause reproductive toxicity (developmental, female, and male endpoints) for purposes of Proposition 651.
The listing of abiraterone acetate is based on a formal requirement by a state or federal agency that the chemical be identified or labeled as causing reproductive toxicity as provided under Proposition 65. Abiraterone acetate has been identified or labeled to communicate a risk of reproductive harm (developmental, female, and male endpoints) in accordance with formal requirements by the US Food and Drug Administration. Regulations governing the listing of chemicals under the “formally required to be labeled or identified” mechanism are published in Title 27, California Code of Regulations, section 25902.
The documentation supporting OEHHA’s determination that abiraterone acetate meets the criteria for administrative listing is included in the Notice of Intent to List Abiraterone Acetate, published in the January 29, 2016 issue of the California Regulatory Notice Register (Register 2016, No. 5-Z). No public comments were received.
A complete, updated Prop 65 chemical list is published on the OEHHA website.
Virginia Beach RCRA and DOT Training
Register for Hazardous Waste Management: The Complete Course and DOT Hazardous Materials Training: The Complete Course in Virginia Beach, VA, on April 12–14 and save $100. To take advantage of this offer, click here or call 800-537-2372.
Atlanta RCRA and DOT Update and Advanced RCRA Training
Register for RCRA Hazardous Waste and DOT Hazardous Materials Update and Refresher Training and Advanced Hazardous Waste Management in Atlanta, GA, on April 26–27 and get up-to-date on your hazardous waste and hazardous materials training requirements. To register for these courses, click here or call 800-537-2372.
Cary 24-Hour HAZWOPER Training
Register for Hazardous Waste Operations and Emergency Response 24-Hour Training in Cary, NC, on May 2–4 and ensure you are ready to respond. To register for this course, click here or call 800-537-2372.
How to Implement OSHA’s Globally Harmonized Hazard Communication Standard (GHS)
OSHA has issued a final rule revising its Hazard Communication Standard, aligning it with the United Nations’ globally harmonized system (GHS) for the classification and labeling of hazardous chemicals. This means that virtually every product label, safety data sheet (formerly called “material safety data sheet” or MSDS), and written hazard communication plan must be revised to meet the new standard. Worker training must be updated so that workers can recognize and understand the symbols and pictograms on the new labels as well as the new hazard statements and precautions on safety data sheets.
Environmental Resource Center is offering live online training for you to learn how the new rule differs from current requirements, how to implement the changes, and when the changes must be implemented. Bring your questions to the upcoming webcast on How to Implement OSHA’s Globally Harmonized Hazard Communication Standard (GHS) on April 12 or July 13.
Dedicated TCS LLC Fined $226,310 After Worker Fatally Injured in Confined Space
An air quality test and harnesses properly tethered to a lifeline for rescue might have prevented tragedy for three workers overcome by a lack of oxygen inside a rail tanker on October 8, 2015 in New Orleans, federal workplace safety and health investigators have determined.
OSHA found Dedicated TCS, LLC, failed to test the atmosphere inside the tanker before the three employers entered the tank, and to mandate that the workers attach a lifeline to their harnesses to allow a rescue. One of the workers died, and other two were hospitalized in the incident.
OSHA has cited Dedicated TCS for the same confined space violations three times before at its locations in Illinois. In April 2012, the agency issued eight serious violations at the company's location in Channahon. In May 2012, inspectors found nine serious and two willful violations at its Lansing location. In July 2014, an investigation in Channahon found four serious and seven repeat violations.
Dedicated TCS faces $226,310 in fines for two willful, three repeat, and four serious violations for exposing workers to hazardous health conditions in New Orleans.
Willful violations include failing to:
- Test atmospheric conditions within a confined space before allowing workers to enter
- Evaluate a rescuer's ability to respond in a timely manner and function appropriately while rescuing entrants from confined spaces
Serious violations include failing to:
- Have a complete respiratory protection program
- To medically evaluate and fit test employees before allowing them to use respirators
Repeat violations include failing to:
- Take all necessary steps to guarantee safe entry into a confined space
- Provide fixed points or mechanical devices for retrieving workers from a permit-required space
- Verify and check appropriate entry conditions on a permit before letting workers enter a confined space
"Dedicated TCS continues to ignore crucial safety procedures for working in confined space. This is the fourth time OSHA has found this employer in violation of federal safety standards," said Dorinda Folse, OSHA's area director in Baton Rouge. "Sadly, the company's inaction has cost a man his life."
Lack of Safety Protections at Martin Mechanical Contractors Led to Worker Fatality
The life of a 39-year-old HVAC installer who fell through a roof skylight ended suddenly because his employer failed to put proper workplace protections in place, OSHA has found.
On November 30, 2015, Timothy O'Neal Gearing and a co-worker were atop a building trying to unjam a saw stuck in its metal roof. When the saw jerked loose, Gearing lost his balance and fell through an unguarded skylight to the concrete ground about 15 feet below. Taken to a nearby hospital, he died later of his injuries.
OSHA issued Martin Mechanical Contractors, Inc., of Athens one willful and one other-than-serious safety citation on March 24, after the agency investigated Gearing's death. The incident occurred at the site of a new Subaru car dealership in Athens.
"This tragedy was preventable. Martin Mechanical Contractors knowingly exposed its workers to dangerous fall hazards and failed to take action to protect them," William Fulcher, OSHA's area director in the Atlanta-East Office. "Employers are responsible for either addressing workplace hazards or not putting workers at risk of being injured or killed. Our investigation found Gearing's employer did neither."
The agency issued a willful citation to Martin Mechanical for failing to protect workers from tripping or falling into an unguarded sky light. The other violation relates to not reporting a fatality to OSHA within eight hours.
Proposed penalties total $54,000.
Martin Mechanical is a mechanical, plumbing and electrical contractor for commercial and industrial building projects in Northeast Georgia. Another Athens company, Driver Construction Co., Inc., subcontracted with Martin to install a complete HVAC system at the worksite when the fatality happened.
Worker Exposed to a Fatal Amount of Manure Gas
A 31-year-old worker found unresponsive on a Vickery farm was overcome by exposure to hydrogen sulfide gas from the pig manure he loaded into trailers for use as fertilizer. Federal investigators determined his death was caused by inhalation of the gas which is rapidly absorbed by the lungs.
OSHA cited W. E. Soil Enhancement on March 18, 2016, for three serious safety violations, after it completed its investigation into the October 31, 2015, death. Agriculture is among the most dangerous occupations in America, with 143 deaths recorded in the industry in 2014, the Bureau of Labor Statistics reports.
"Symptoms from overexposure to hydrogen sulfide gas can come on rapidly and quickly overcome a worker," said Kim Nelson, OSHA's area director in Toledo. "The agriculture industry needs to educate its employees that the foul odors that come with manure spreading are not just unpleasant they are unsafe and can be deadly. It is imperative that farm workers are protected from inhaling these gases."
In its investigation, OSHA determined W. E. Soil Enhancement should have:
- Provided engineering controls and respiratory protection to protect workers from exposure to hydrogen sulfide gas
- Developed and trained workers on a hazard communication program
- Identified and evaluated respiratory hazards
OSHA has proposed penalties of $16,800.
Berlin Builders Faces $385,836 Penalty for Continually Ignoring Life-Threatening Dangers
Berlin Builders, a residential construction contractor with projects in Delaware, Pennsylvania, and New Jersey, continues to expose its workers to dangerous falls on job sites by ignoring safety standards required by law, federal regulators say.
After conducting separate inspections at worksites in Middletown, Delaware, and in Pennsylvania in Limerick and Perkasie, OSHA cited the Cinnaminson-based company for two willful, nine repeat, and eight serious and one other-than-serious violations. Berlin Builders faces a total of $385,836 in federal penalties for violations at these worksites:
- Parkway at South Ridge, 318 Gaither Drive, Middletown, Delaware – $105,600
- Parkway at South Ridge, 453 Gaither Drive, Middletown, Delaware – $46,200
- American House Building, 7th & Market St., Perkasie, Pennsylvania – $112,860
- Springford Estates, Limerick, Pennsylvania – $121,176
Workers were exposed to serious fall hazards on projects developed by Ryland Homes, LC Construction, Ryan Homes, and Re-Alliance Real Estate Development. Berlin Builders was contracted to perform work on each of the listed sites. OSHA cited Berlin for fall hazards on scaffold platforms and a lack of training for those hazards, failure to provide and use fall protection, and failure to inspect the jobsite for fall and fire-related hazards.
Citations were also issued for the following violations:
- Failure to provide and use proper ladders to access a work area
- Failure to provide fire extinguishers
- Failure to provide covers over holes located 6 feet above the lower floor
- Failure to develop and implement a hazard communication program
In the past 12 months, Berlin Builders has been inspected 23 times at worksites across Pennsylvania, Delaware and New Jersey. OSHA issued citations in 16 of the inspections, resulting in penalties totaling $403,690. The citations involved similar fall hazards.
"Berlin Builders is a serial violator that callously refuses to take even the most basic steps to protect workers from falls and other serious hazards in construction, an industry among the nation's most hazardous," said Richard Mendelson, OSHA regional administrator in Philadelphia. "Approximately four in 10 construction workers die in falls at work. It is vital that construction companies take responsibility for protecting their workers from preventable injuries and serious hazards. No one should have to sacrifice their safety for their livelihood."
OSHA has designated May 2–6, 2016, as the third annual National Safety Stand-Down. The event is a nationwide effort to remind and educate employers and workers in the construction industry of the serious dangers of falls—the cause of the highest number of industry deaths in the construction industry.
Nakanishi Manufacturing Corp. Fined $144,995 After Employee Severely Burned in Flash Fire
Every day, workers depend on their employers to keep them safe on the job. When an employer fails to address safety hazards, workers can suffer the consequences. On September 23, 2015, a 33-year-old maintenance technician was the victim of a Georgia auto parts manufacturer's indifference toward safety.
The worker at Nakanishi Manufacturing Corp.'s Winterville, Georgia, facility was operating a dust collector when an explosion occurred. Flames engulfed the man, causing third-degree burns to his upper body. The employee continues to recover from his injuries.
OSHA opened an investigation after learning of the employee's hospitalization. The agency issued citations to the manufacturer on April 1 for one willful, 18 serious, and one other-than-serious safety and health violation.
"Nakanishi Manufacturing had four previous fires in the dust collection system in Winterville and management knew that the combustible dust hazard was not corrected, yet they continued to let workers operate the system," said William Fulcher, director of OSHA's Atlanta-East Area Office. "Out of sight, out of mind is not an acceptable strategy for fixing workplace hazards. This mindset is dangerous, irresponsible and must be changed immediately."
OSHA has proposed penalties totaling $144,995.
The serious citations relate to the employer's failure to:
- Evaluate the performance of powered industrial truck operators at least once every three years
- Train and inspect workers on the specific procedures to prevent machinery from starting up during maintenance and servicing
- Provide a workplace free from recognized hazards
- Failure to train employees on the hazards of combustible dust
- Conduct annual hearing test for workers exposed to high noise levels
Other violations include not reporting a workplace injury on the required OSHA 300 log.
Jasper Contractors Fined $140,000 for Exposing Workers to Dangerous Falls, Other Hazards
Inspectors with OSHA observed employees performing roofing activities without fall protection at a residence in the Loretto neighborhood subdivision. They cited Jasper Contractors, Inc., of Jacksonville, Florida, with two willful safety violations.
Citations were issued for the employer's failure to ensure employees were properly wearing fall protection equipment. Jasper exposed employees to the risk of an 8-foot fall. The other willful violation resulted from the company's failure to ensure workers were wearing eye protection while using powered nail guns. Proposed penalties total $140,000.
Jasper Contractors has an extensive history of OSHA violations. Since 2007, the agency has completed 19 inspections, resulting in 34 violations. The violations include willful, serious, and repeat classifications for a lack of fall, eye, and face protection, as well as ladder safety.
"Jasper Contractors shows a deliberate lack of concern for the safety of its employees by refusing to comply with fall protection and other OSHA standards," said Brian Sturtecky, OSHA's area director in Jacksonville. "Falls are a leading cause of death in the construction industry, and OSHA is committed to doing what it can to ensure all workers are protected."
Winesburg Builders LTD Repeatedly Exposed Workers to Falls, Fined $121,800
On March 28, 2016, OSHA issued citations to Winesburg Builders, LTD, for two willful, two repeat, and three serious violations. On October 7, 2015, OSHA inspectors observed workers exposed to falls as high as 22 feet without protection while performing roofing and framing work on a new construction project. They opened an inspection under the agency's regional emphasis program on falls. Once on site, inspectors found other workers exposed to falls 11 feet high without fall protection. The company was cited for those hazards. Citations were also issued for the company's failure to guard window and stairway openings.
The Ohio builder has an extensive OSHA history, with inspections in West Virginia, Pennsylvania, and Ohio. From February 2008 to October 2014, OSHA cited the company for more than 22 violations related to fall hazards.
Proposed penalties total $121,800.
"Winesburg Builders' reckless approach to worker safety leaves its employees one step away from a potentially deadly fall," said Prentice Cline, director of OSHA's Charleston Area Office. "Approximately four in 10 construction workers die in falls at work. It is vital that construction companies take responsibility for protecting their workers from preventable injuries and serious hazards. No one should have to sacrifice their safety for their livelihood."
D&D Manufacturing Fined $110,110 After Numerous Machine Hazards Found
A Bolingbrook metal stamping company exposed workers to amputations and other serious injuries repeatedly by allowing numerous machines to operate without safety guards.
On March 30, OSHA cited D&D Manufacturing for seven repeat, six serious, and four other-than-serious safety violations after an October inspection. The visit came in response to a complaint received by OSHA.
The agency has proposed penalties of $110,110 and placed D&D in its Severe Violator Enforcement Program. The violations found at the Bolingbrook facility, which also serves as the company's corporate headquarters, are similar to those discovered less than three years ago at the company's Southwest manufacturing facility in El Paso, Texas.
"One hundred and seventy-three Illinois workers suffered preventable amputations in 2015," said Kathy Webb, OSHA's area director in Calumet City. "OSHA's common sense safety standards require manufacturers to provide training, safe guards and procedures to prevent workers from coming in contact with the operating parts of a machine. Employers like D&D Manufacturing must do more to protect workers from these debilitating injuries."
OSHA's investigation found the company failed to provide:
- Proper machine guarding to prevent contact with moving parts
- Locking and blocking devices to prevent unexpected machine starts and operation
- Training to workers on machine hazards and safety procedures
- Proper storage of compressed gas cylinders
Inspectors also found workers were exposed to live wires and damaged electrical equipment. The company also failed to report an amputation injury to OSHA within 24-hour and maintain accurate injury and illness records, as required.
Since January 1, 2015, OSHA requires all employers to report any severe work-related injury—defined as a hospitalization, amputation or loss of an eye—within 24 hours. The requirement that an employer report a workplace fatality within eight hours remains in force. In the first full year of the program, employers nationwide reported 10,388 severe injuries, including 7,636 hospitalizations and 2,644 amputations.
MTD Consumer Group Exposed Workers to Excessive Noise, Other Hazards
OSHA opened an investigation at the Willard plant after receiving a complaint alleging unsafe working conditions.
The federal agency cited the company for:
- Not ensuring that hearing protection was worn by employees
- Not implementing feasible administrative or engineering controls to reduce noise exposure
- Failing to evaluate respiratory hazards
The Valley City-based company manufactures and markets consumer products for the lawn and garden power equipment industry under the brand names: Cub Cadet, Troy-Bilt, Remington, Yard-man, Yard-Machine, and Bolsen.
"The Bureau of Labor Statistics reports occupational hearing loss is leading work-related illness recorded among workers in the manufacturing industry," said Kim Nelson, OSHA's area director in Toledo. "Employers that comply with OSHA's common sense safety standards can protect workers from untreatable hearing loss."
Proposed penalties total $77,000.
Plank Construction Co. Inc. Employee Injured in Trench Collapse
Plank Construction Co., Inc., employees were installing a storm sewer system as part of the construction of new buildings at Dutch Village in Menands, New York. On October 3, 2015, the 8-foot deep trench in which they were working collapsed onto one of the employees. He was extricated and hospitalized.
An inspection by OSHA’s Albany Area Office found that the employer did not protect the trench against collapse, and failed to provide a safe means for workers to exit the trench. OSHA cited Plank Construction on March 31, 2016, for one willful violation and one serious violation of excavation safety standards for these conditions. Proposed penalties total $59,290.
OSHA standards require that trenches and excavation 5 feet or deeper be protected against collapse. Protection measures can include shoring the trench's sidewalls, installing a protective trench box, or sloping the soil at a shallow angle.
"The collapse and the worker's injuries were needless and avoidable. Plank Construction should not have allowed its employees into the trench until it was effectively protected against collapse," said Robert Garvey, OSHA's area director in Albany. "This employee survived but many others are not as lucky; nationwide, two employees die each month in similar circumstances. An unprotected trench can turn into a grave in seconds unless employers use the necessary and legally required safeguards every time in every trench."
ABC Equipment Exposed Workers to Scaffold Hazards
OSHA inspectors visited a Hot Springs, Arkansas, worksite on October 29, 2015, and found ABC Equipment, Inc., exposed workers doing brick work to several scaffolding hazards. The investigation revealed six serious violations as follows:
- Failing to plank platforms fully, and for failing to support the planks properly
- Using block as improvised counterweights for the scaffolding
- Not having toe boards on the scaffolding to protect workers below
- Missing guard rails and improper access to the scaffolds
- Exposing workers to falls from an unguarded surface
This investigation falls under the Regional Emphasis Commercial Construction Program.
Proposed penalties total $41,580.
"ABC Equipment disregarded concerns from the general contractor about fixing the scaffolds and chose to continue to expose its workers to injury or death," said Carlos Reynolds, OSHA's area director in Little Rock. "Brick layers should not have to choose between a paycheck and a potential deadly fall."
Blocked Emergency Exit, Improperly Stored Stock Pose Hazards For Guess? Store Employees at Foxwoods Casino
An OSHA investigation found a blocked emergency exit and improperly stored stock put the employees of the Guess? Factory Store at the Tanger Outlet Mall at Foxwoods Casino in Mashantucket, Connecticut, at risk of burns, lacerations, and being struck by falling objects.
Responding to a complaint, OSHA began an inspection on March 3, 2016, and found the employer allowed the following hazardous conditions:
- Obstruction of the store's emergency exit route by boxes containing clothes, shoes, and hangers, as well as by a folding table
- Blocked access to electrical panels that power the store's operations by several boxes of clothing and hangers, eight storage shelves, and two extension ladders
- Unsafe stacking of boxes of hangers, shoes, and accessories in the storage room and in the bathroom were in danger of toppling onto employees
"These were obvious and easily preventable conditions that placed store employees needlessly at risk," said Warren Simpson, OSHA's area director in Hartford. "Overstocking and improper stocking of goods prevents employees from exiting the workplace swiftly and safely in the event of a fire or other emergency. This is not the first time that Guess? has been cited for blocked access. To ensure the well-being of its employees, Guess? must effectively address these issues at all its locations."
OSHA has cited Guess? for two repeat violations, one serious violation, and one other-than-serious violation of workplace safety standards and proposed fines totaling $65,000. The repeat violations stem from similar violations cited in 2013 at the Guess? Jersey Gardens Mall store in Linden, New Jersey. The other-than-serious violation is for the Foxwoods store's failure to post a notice informing employees of their rights to a safe and healthful workplace and to contact OSHA with questions and concerns.
Safety Stand-Down Puts the Brakes on Injuries at Georgia Road Sites
The Federal Highway Administration, the state of Georgia and local government organizations are partnering with OSHA to sponsor a one-hour Safety Stand-Down at Georgia construction sites in conjunction with National Highway Work Zone Awareness Week from April 11–15.
Employers will voluntarily stop work on one designated day at construction sites that week from 7 to 8 a.m. EST to provide work zone safety training to road workers so they can protect themselves from the dangers of distracted drivers and injuries caused by passing vehicles, flying debris, and other objects. Objects and vehicles striking workers are a leading cause of road construction-related deaths.
"This alliance is about the mothers, fathers, sisters and brothers who died on-the-job because a driver was distracted by a text message, a phone call or other activity," said Kurt Petermeyer, OSHA's regional administrator for the Southeast. "This event will help employers identify hazards and how employees can avoid them and remind the industry of the importance of safety in these work zones."
The Stand-Down is being organized by the Georgia Struck-By Alliance, which includes OSHA; the Associated General Contractors of Georgia Inc.; 3M Visibility & Insulation Solutions; Georgia Department of Transportation; Federal Highway Administration's Georgia Division; Georgia Highway Contractors Association; Georgia Utility Contractors Association, Inc.; Georgia Tech Research Institute; Lamar Advertising; Georgia Power; Pike Corporation; Ansco & Associates, LLC; Construction Education Foundation of Georgia; National Safety Council, Georgia Chapter; Local Government Risk Management Services; and the Governor's Office of Highway Safety.
An informational flier and toolbox in English and Spanish are available from the Associated General Contractors of Georgia. For more information, contact Christi Griffin in OSHA's Atlanta-West Area Office at 678-903-7301; Bill Fulcher in the Atlanta-East Area Office at 770-493-6644; or Robert Vazzi in the Savannah Area Office at 912-652-4393.
Through the agency's Alliance Program, OSHA works with groups committed to worker safety and health to prevent workplace fatalities, injuries, and illnesses.
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