OSHA recently published a list of 147 severe violators of worker health and safety standards on its website. Workplaces that qualify for this distinction include only those that have been inspected by OSHA and received citations with violations classified as willful, repeat, or failure-to-abate.
The goal of OSHA’s Severe Violators Enforcement Program () is to concentrate OSHA’s resources on inspecting employers who have demonstrated indifference to their OSH Act obligations by willful, repeated, or failure-to-abate violations.
How to Prepare for OSHA Adoption of the GHS for Classification and Labeling of Chemicals
This means that virtually every product label, material safety data sheet (soon to be called “safety data sheet”), 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 MSDSs.
Environmental Resource Center is offering webcast training courses where you will learn how the new rule differs from current requirements, how to implement the changes, and when the changes must be implemented. Dates for the upcoming webcasts include:
- July 29
- August 15
- August 31
Advertising Opportunities Available
California Considers Classifying Acetaminophen and 38 Other Chemicals as Carcinogens
At the October 2011 meeting of the Proposition 65 Carcinogen Identification Committee (CIC) 39 chemicals will be proposed for classification as carcinogens. The CIC is California’s qualified expert on carcinogenicity for purposes of the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65). The CIC’s October meeting is scheduled for Wednesday and Thursday, October 12–13, 2011. The CIC will provide the Office of Environmental Health Hazard Assessment (OEHHA) with advice on the prioritization of these 39 chemicals for possible preparation of hazard identification materials. At a later date, OEHHA will select chemicals for preparation of hazard identification materials and announce those decisions in a separate notice. No listing decisions will be made for these chemicals at the October 12 and 13 meeting.
OEHHA is the lead agency for the implementation of Proposition 65. OEHHA has screened several hundred chemicals in the OEHHA tracking database for evidence of cancer hazard as well as potential human exposure in California.
OEHHA applied both a human and animal data screen to all of the chemicals in the OEHHA tracking database. These screens were discussed at the November 17, 2007, and November 5, 2008, meetings of the CIC. OEHHA conducted a preliminary toxicological evaluation for the chemicals that passed the two screens. Based on this preliminary evaluation, OEHHA identified the 39 chemicals listed below for committee discussion, advice, and possible preparation of hazard identification materials for consideration at future CIC meetings.
The 39 chemicals are:
Contractor Fined $147,000 for Cave-in Hazard at SUNY Brockport
OSHA has cited Blue Heron Construction for three alleged willful violations of excavation safety standards at a water line installation project on the campus of the State University of New York at Brockport. Proposed fines total $147,000.
During an inspection opened on March 31, OSHA found Blue Heron employees working in an unprotected excavation greater than 5 feet in depth. Additionally, the excavation lacked a ladder or other safe means of access, and piles of excavated material were situated less than 2 feet from the excavation’s edge. A willful violation is one committed with intentional knowing or voluntary disregard for the law’s requirements, or with plain indifference to worker safety and health.
“Workers in an unprotected excavation are only seconds away from a fatal or disabling cave-in that could bury them beneath tons of soil and debris before they have a chance to react,” said Arthur Dube, OSHA’s area director in Buffalo. “This employer knew the common-sense and legally required safeguards necessary to prevent this life-threatening hazard, yet did not implement them at this work site.”
This significant enforcement action qualifies Blue Heron Construction for placement in OSHA’s SVEP, which mandates targeted follow-up inspections to ensure compliance with the law.
OSHA standards require that all excavations 5 feet or deeper be protected against collapse. Protection can be provided through shoring, sloping the soil at a shallow angle, or use of a trench box.
“One means of preventing hazards such as these is for employers to establish an injury and illness prevention program in which they work continually with their employees to identify and eliminate hazardous conditions,” said Robert Kulick, OSHA’s regional administrator in New York.
Utility Contractor Fined 70,000 for Second Repeat Violation
OSHA cited Prince Contracting LLC for a second repeat safety violation with a $70,000 proposed penalty for allegedly endangering workers while digging a storm water trench adjacent to U.S. Highway 27 in Clermont, Florida.
In March, OSHA inspected the site as part of the agency’s National Emphasis Program on Trenching and Excavation. Three workers in the trench were installing pipe and compacting soil without a protective system in place, despite trench walls that were 7.5 feet deep on the west side and 11 feet deep on the east side of the trench. In discussing the situation with an on-site supervisor, the OSHA inspector found that the trench initially was less than 5 feet deep, but as work progressed uphill, the trench became deeper. A protective trench box had been at the site but removed the morning of the inspection. After the inspector identified the hazard, the trench box was returned to the site.
A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years. Prince Contracting was cited for the same repeat violation in July 2010, which was based on a violation originally cited during an August 2009 inspection. Since 2008, the company has been inspected by OSHA five times, including this most recent inspection. Four of the five inspections resulted in citations related to OSHA’s trenching standard for failing to provide an adequate protective system for workers.
OSHA Cites FixtureOne for 44 Violations
OSHA cited Philadelphia-based FixtureOne for 44 safety and health violations at its facility located at 7601 Edmund St. in Philadelphia. The company manufactures institutional furniture and employs about 65 workers. Proposed penalties total $169,400 following an inspection that began January 10.
Seven repeat violations with penalties of $41,580 include an inadequate hazard communications program; a lack of machine guarding; use of electrical equipment in an unapproved area; and the company’s failure to conduct a medical evaluation for use of respirators, implement a respirator program, and provide appropriate respirator fit-testing. The company was cited for the same violations in 2008.
Thirty-six serious violations with penalties of $127,820 include a lack of machine guarding and personal protective equipment; safety issues with mechanical power presses; electrical hazards; a lack of housekeeping; and the company’s failure to properly store respirators; provide safe egress; and provide training for employees operating forklifts. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.
One other-than-serious violation with no monetary penalty was cited for failure to provide mandatory information to employees who voluntarily wear respirators while conducting paint spraying operations. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.
“FixtureOne’s refusal to correct these previously cited violations continually places its workers in harm’s way and must change immediately,” said Albert D’Imperio, director of OSHA’s Philadelphia Area Office. “OSHA will continue its efforts to hold this company responsible for not complying with federal laws.”
Don Wartko Construction Fined Over $171,000 for Lack of Trench Protection at 3 Cleveland Sites
OSHA has cited Don Wartko Construction Inc., in Kent, Ohio, with five willful safety violations for failing to protect workers from cave-ins during trenching operations at three separate work sites in Cleveland. The company faces proposed penalties totaling $171,600.
Following a January inspection, Don Wartko Construction was cited for two willful violations with proposed penalties of $72,600 for failing to provide cave-in protection for workers in a trench more than 5 feet below grade and to provide a safe means of egress. In March, an OSHA inspector again observed the company allowing employees to work with no cave-in protection, and cited the company for another willful citation with a penalty of $36,300. The company was observed a third time, also in March, and cited with two willful violations for failing to provide cave-in protection and a safe egress for workers, carrying proposed penalties of $62,700.
These inspections were conducted under OSHA’s National Emphasis Program on Trenching and Excavation.
West Troy Tool and Machine Cited for 11 Violations after Worker Injured by Power Press
OSHA cited West Troy Tool & Machine Inc., in Troy, Ohio, for 11 serious safety citations after a worker suffered crushing injuries from a power press in May. The company faces penalties totaling $52,500.
“Employers have a responsibility to protect the health and safety of their workers, which includes having proper machine guards installed and following appropriate energy control procedures,” said Barbara Marcum, OSHA’s acting area director in Cincinnati. “These basic safeguards are critical to ensuring that workers are not exposed to unnecessary risks, and will prevent injuries like the one that occurred here.”
Three violations involve not following lockout/tagout standards to isolate energy sources in order to prevent the unexpected energization of machinery. These include failure to provide locking or tagging equipment for use, isolate energy sources when servicing equipment and attach lockout devices during equipment servicing.
The other eight violations involve failing to have an energy control program, provide machine guarding on saw blades and pinch point equipment, provide supervision of power press operation, properly set up and maintain point-of-operation guards, operate presses in a proper safe mode, provide air pressure switches for clutches and counterbalance systems on presses, use hand tools to remove stuck work or scrap and conduct inspections of presses.
Sabert Corp. Fined for Repeat Violations Following Amputation
OSHA has cited Sabert Corp., with two repeat safety violations following an incident in which a worker’s finger was amputated at its Sayerville, New Jersey, facility. Proposed penalties for the citations total $70,000.
OSHA initiated its inspection on May 5 after being notified of the amputation. The violations involve failing to ensure equipment was turned off and properly guarded to prevent contact with moving parts during servicing operations.
The company was cited for the same violations in 2008.
“This amputation could and should have been prevented with the proper protections in place,” said Patricia Jones, director of OSHA’s Avenel Area Office. “It is imperative that employers are vigilant in protecting employees from amputation hazards.”
Sabert Corp., which manufactures plastic products for the food packaging industry, employs about 308 workers.
AFL Web Printing Cited for Inadequate Machine Guarding and Other Hazards
OSHA has cited AFL Quality Inc., doing business as AFL Web Printing, for one willful, two repeat, 15 serious, and eight other-than-serious safety and health violations following a February inspection at its Voorhees, New Jersey, facility. Proposed penalties total $170,000.
The willful violation was cited for failing to provide proper machine guarding to protect workers.
The repeat violations involve failing to ensure listed or labeled equipment was used in accordance with instructions, and to conduct a periodic inspection of lockout/tagout procedures of energy sources to safeguard workers from the unexpected startup of machinery during servicing or maintenance. The company was cited for the same violations in 2009.
Some of the serious violations include failing to properly post exit signs; properly store gas containers; conduct a personal protective equipment hazard assessment; provide employees with chemical resistant gloves, safety goggles and face shields; provide fire extinguisher training; ensure machines were securely anchored; develop lockout/tagout procedures; conduct monthly and annual inspections of equipment; remove damaged or defective items; close unused junction box openings; and provide a cover or faceplate for junction boxes.
The other-than-serious violations involve failing to properly label chemical containers; create a summary of illness and injury logs, and complete these logs in detail; record the injury of a temporary worker; and maintain a separate OSHA Form 300, the log of work-related injuries and illnesses, for each establishment.
“AFL Web Printing is unnecessarily putting its workers at risk of serious injury and possible death,” said Paula Dixon-Roderick, director of OSHA’s Marlton Area Office. “OSHA will continue its efforts to hold this company responsible for failing to comply with federal laws.”
AFL Web Printing, which has 260 employees, provides Web printing, finishing and circulation services for publishers.
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