In June, fierce winds swept embers from the Sleepy Hollow Fire outside of Wenatchee into a commercial area, igniting material first at a recycling center, then at a nearby fruit packing plant. The blaze soon threatened tanks holding thousands of pounds of ammonia and other toxic chemicals. When the Washington Department of Ecology’s spill response unit was called in, they brought a new tool to the scene: their cell phones.
Just before the Sleepy Hollow Fire broke out, Ecology’s Hazardous Waste and Toxics Reduction program began piloting a new smartphone app that allows emergency responders to access data on what chemicals are stored at a facility and in what quantity.
“This is a game-changer for us,” David Byers, Ecology’s spill response manager, said of the app. “Having this has paid off for us, improving the safety of responders and the public.”
Knowing what chemicals are on site allows first responders—both Ecology’s own spill teams and local police and firefighters—to choose the right safety gear and take steps to protect themselves and nearby residents.
The commission requested Ecology’s help in making the information available on cell phones. Until now, the information was kept in paper records or on computer spreadsheets, and responders needed to request the latest data from Ecology to get updates.
“I believe it will help save lives,” said Chief Bill Whealan, chairman of the State Emergency Response Commission. “It’s all about safety and being as prepared as possible. I’m excited to share this with our fire chiefs, battalion chiefs and emergency medical services personnel.”
Along with information on the chemicals themselves, the app provides directions, gives responders access to facility contacts and provides other information.
Ecology began piloting the app with a version for Android phones and recently launched an Apple version for iPhones. Although the app itself is free and available in the official app stores, downloading the emergency data requires an access key from Ecology to ensure the tool is used by authorized emergency responders.
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.
New Exclusions for Solvent Recycling and Hazardous Secondary Materials
EPA’s new final rule on the definition of solid waste creates new opportunities for waste recycling outside the scope of the full hazardous waste regulations. This rule, which went into effect on July 13, 2015, streamlines the regulatory burden for wastes that are legitimately recycled.
The first of the two exclusions is an exclusion from the definition of solid waste for high-value solvents transferred from one manufacturer to another for the purpose of extending the useful life of the original solvent by keeping the materials in commerce to reproduce a commercial grade of the original solvent product.
The second, and more wide reaching of the two exclusions, is a revision of the existing hazardous secondary material recycling exclusion. This exclusion allows you to recycle, or send off-site for recycling, virtually any hazardous secondary material. Provided you meet the terms of the exclusion, the material will no longer be hazardous waste.
Learn how to take advantage of these exclusions at Environmental Resource Center’s live webcast where you will learn:
- Which of your materials qualify under the new exclusions
- What qualifies as a hazardous secondary material
- Which solvents can be remanufactured, and which cannot
- What is a tolling agreement
- What is legitimate recycling
- Generator storage requirements
- What documentation you must maintain
- Requirements for off-site shipments
- Training and emergency planning requirements
- If it is acceptable for the recycler to be outside the US
Mobile RCRA and DOT Training
San Diego RCRA and DOT Training
Atlanta IATA/IMO and SARA Training
Nebraska Railcar Cleaning Services Cited After Deadly Blast Kills Two Workers
Moments before a blast ripped through a railcar on April 14, 2015, a check of the air quality inside indicated a serious risk of an explosion. Despite the warning, Nebraska Railcar Cleaning Services sent two employees, aged 41 and 45, into the railcar to work without monitoring the air continuously for explosive hazards as required, nor providing the employees with emergency retrieval equipment or properly fitted respirators.
The explosion that resulted blew the railcar’s escape ladder off and killed the two men, trapping one inside and hurling the other off the top of the railcar. A third employee was injured.
The company faces penalties of $963,000.
“Our hearts go out to the families of these workers, whose deaths were so senseless and preventable,” said Dr. David Michaels, assistant secretary of labor for occupational safety and health. “This isn’t the first time this employer put its workers’ lives at risk, but OSHA will do everything in our power to ensure it is the last.”
Most railcars are confined spaces, which are large enough for workers to enter and perform certain jobs, such as cleaning and maintenance, but are not designed for continuous occupancy. Safety regulations require that employers evaluate confined spaces for air quality and other hazards prior to allowing workers to enter and then monitor conditions while employees are inside.
“This company has regularly failed to use appropriate equipment and procedures to keep their employees safe, and in this case it had tragic consequences,” said Jeff Funke, OSHA’s area director in Omaha. “The company needs to immediately reevaluate its procedures for entering and cleaning railcars.”
In the most recent citations, Nebraska Rail Car Services also failed to:
- Remove damaged powered industrial vehicles
- Train workers on safely operating powered industrial vehicles, a violation the company was cited for in 2013
The EPA is currently investigating allegations that the company improperly disposed of hazardous waste.
Nebraska Railcar Cleaning Services and Omaha Transloading, LLC, which share a majority owner, Steven Braithwaite, have had several previous OSHA inspections. In 2013, Nebraska Railcar Cleaning was cited for hearing conservation, respiratory protection, permit required confined space, and powered industrial truck hazards. In 2012, Omaha Transloading was issued serious citations for respiratory protection deficiencies and electrical hazards. OSHA cited another company owned by Braithwaite, Demolition Contractors, Inc., in 2005 for similar hazards including a willful violation for inadequate respiratory protection.
Nebraska Railcar has had five whistleblower complaints filed with OSHA since 2013. Two are under investigation.
The company specializes in cleaning railcars that contained food grade products, herbicides, pesticides, fertilizers, used oil, asphalt, gasoline, and ethanol. At the time of the 2015 inspection, it employed 35 workers at three locations in Omaha. Its workers’ compensation provider is Travelers Indemnity Company of Overland Park, Kansas.
Cal/OSHA Cites Two Employers over $300,000 for Exposing Workers to Cave-In Hazards
Cal/OSHA recently cited two Northern California construction businesses more than $300,000 for exposing workers to cave-in hazards at a residential construction site in Piedmont. The companies violated Cal/OSHA’s order to stop work until the imminent hazard was abated.
“Excavation collapses and cave-ins cause serious workplace injuries and fatalities. These citations remind employers to abide by Cal/OSHA stop work orders that are issued to protect workers from unsafe conditions,” said Christine Baker, Director of the Department of Industrial Relations (DIR). Cal/OSHA, officially known as the Division of Occupational Safety and Health, is a division of DIR.
Cal/OSHA cited San Mateo-based general contractor EMI Design & Construction, Inc., for 10 workplace safety violations, including two willful and three serious in nature with total proposed penalties of $164,465. Salt Light Investments, Inc., a construction project management company in Berkeley, was cited for three workplace safety violations including two willful in nature, with proposed penalties of $140,375.
The violations were discovered during an April 20 investigation at the residential construction site. Cal/OSHA investigators found 11-foot unshored walls and issued a stop-work order that same day to address the unsafe excavation. Three weeks later, Cal/OSHA learned that the employers ordered workers back to the site, despite failing to correct the imminent hazards.
“Cal/OSHA issues stop work orders when there’s evidence of an imminent hazard to workers,” said Cal/OSHA Chief Juliann Sum. “The employers’ blatant refusal to protect their workers from a cave-in hazard put their employees’ lives at risk.”
Both EMI Design & Construction, Inc., and Salt Light Investments, Inc., were issued willful violations for failing to shore up an excavation up to 11 feet and for a lack of a design for proper shoring as required. EMI Design & Construction, Inc., was also cited three serious violations for an unguarded floor opening, an unguarded wall opening and unguarded exposed rebar ends.
A similar hazard caused a fatal accident at a Milpitas construction site in January 2012. In that case, a construction employer ordered a worker back to an excavation site with unshored 12-foot walls three days after a stop-work order had been issued because of the hazard. The walls caved in, killing the worker. Cal/OSHA launched a criminal investigation, leading to two years’ jail time for both the construction company owner and the project manager.
A serious violation is cited when there is a realistic possibility that death or serious harm could result from the actual hazardous condition. A willful violation is cited when the employer is aware of the law and violates it, or when the employer is aware of the hazardous condition and does not take reasonable steps to address it.
Truck Driver Found to be an Imminent Hazard to Public Safety
The US Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) has declared Louisiana-licensed truck driver Mark Isiah Gordon to be an imminent hazard to public safety and has ordered him not to operate any commercial motor vehicle in interstate commerce. The declaration follows his involvement in a fatal crash that occurred earlier this month along US Highway 84 in Concordia Parish, Louisiana.
Gordon, a commercial driver’s license (CDL) holder, was served the federal order on October 7, 2015. On October 1, 2015, a loaded logging truck operated by Gordon crossed the centerline into on-coming traffic and collided head-on with a pick-up truck, resulting in three fatalities and a serious injury.
Following the crash, Gordon tested positive for amphetamines and methamphetamines. An investigation by FMCSA and the Louisiana State Police (LSP) found that on the day of the crash, Gordon had operated his truck beyond the 14-hour daily on-duty limitation set by federal safety regulations. Numerous additional instances of exceeding hours-of-service limitations, which are designed to prevent fatigued driving, in the preceding seven days prior to the crash were also discovered by FMCSA and LSP investigators.
A post-crash inspection of Gordon’s truck revealed seriously deficient brakes that required the vehicle to be placed out-of-service until repaired. Further vehicle safety violations included a cracked frame, and defective wheels/rims, an axle, and the steering system.
Violating an imminent hazard out-of-service order by a CDL holder may result in civil penalties of up to $2,500 and disqualification from operating a commercial vehicle for not less than 180 days for a first offense. A second offense may result in civil penalties of up to $5,000 and disqualification from operating a commercial vehicle for not less than two years. Failure to comply with the provisions of the imminent hazard out-of-service order may also result in criminal charges brought by the US Attorney’s Office.
Piramal Glass USA Employee Suffers 3rd-Degree Burns in Glass Factory Fire
A 34-year-old machine operator suffered third-degree burns on his legs and hands when molten glass bottles fell on the production floor and ignited oil residue that had leaked from the machines. The man had not been provided fire-retardant protective clothing, and the fire spread to his pant leg. He has been unable to return to work since the injury.
OSHA inspection found that his employer, Park Hills-based Piramal Glass USA, Inc., failed to follow its own and federal safety policies that could have prevented the July 11, 2015, injury.
“A worker suffered excruciating injuries that could affect his health for years because Piramal Glass ignored company policy to require flame-resistant clothing for workers on the hot end of the bottle-making line,” said Bill McDonald, OSHA’s area director in St. Louis. “It’s not enough for employers to have good policies on the books—they must abide by them. The company needs to develop and comply with a comprehensive policy on personal protective clothing.”
Inspectors also found that Piramal Glass failed to train workers on health hazards for workplace chemicals, a violation OSHA cited at this same facility in March 2014.
The company also failed to do the following:
- Keep floor clean of oil leaking from machines
- Train workers on personal protective equipment requirements
- Provide fire extinguisher training
- Develop safety procedures for employees’ response to jammed bottles on the “hot” production line
- Ensure proper laundering of protective clothing
One of the largest manufacturers of glass for pharmaceuticals and perfumery businesses, Piramal Glass has production facilities in India, Sri Lanka, and Flat River, Missouri.
The Bellevue Manufacturing Company Faces $112,500 Penalty for Exposing Workers to Amputation, Other Safety Hazards
The citations follow a March 2015 OSHA complaint investigation that found employees were exposed to:
“Each year thousands of workers are injured on the job, because their employer failed to follow basic safety procedures such as providing protective clothing and installing machine safety guards,” said Kim Nelson, OSHA’s area director in Toledo. “Employers need to develop safety and health programs that are appropriate for the work tasks and ensure workers are properly trained.”
Proposed penalties total $112,500.
Aspen Foods Inc. Fined $52,500 After Machine Takes Part of Worker’s Finger
The citations follow an OSHA investigation opened after a worker lost part of his right middle finger while clearing a paper jam on April 18, 2015.
“This worker permanently lost part of his finger because his employer failed to follow basic safety procedures for preventing machine operation during service and maintenance—procedures it was certainly aware of after its recent citation,” said Kathy Webb, OSHA’s area director in Calumet City. “It is disheartening to cite an employer repeatedly for hazards they know are exposing workers to life-altering injuries like this.”
Proposed penalties total $52,500.
Linden Lumber LLC Fined $43,116 for Exposing Workers to Amputations, Falls, Other Hazards
The agency opened the inspection after learning of a worker being hospitalized in an unrelated incident.
Linden was previously cited for similar violations at this facility in February.
Proposed penalties total $43,116.
“It’s disappointing when employers that have been previously cited for safety violations continue to expose workers to those same hazards. Situations like this show that worker safety has not been made a priority,” said Joseph Roesler, director of OSHA’s Mobile Area Office. “This company claims to have a safety management system in place, yet these hazards continue to exist. They must be corrected immediately.”
Improper Rigging at CBS Pilings Solutions Inc. Leads to Fatal Worker Injury
The worker was struck in the head by a piece of rebar that fell from a crane. The company was drilling foundation holes for a building under construction and he was cleaning the area around the top of a hole when the incident occurred.
OSHA cited the company for:
“Deaths like this, which are entirely preventable, happen all too often in the construction industry, and they have tragic consequences not just for the workers but for their families and communities,” said Jeff Funke, OSHA’s area director in Omaha. “Employers must train workers about these hazards and ensure only qualified riggers are attaching crane loads for over-head operations.”
Proposed penalties total $14,700.
New Rules Will Reduce Risk of Tire Fires and Disease-Carrying Mosquitos in Illinois
New rules that will significantly improve the management of used tires in Illinois were recently put into effect by the Illinois Pollution Control Board.
The Board’s action will help protect Illinois citizens from the threats posed by tire fires and the breeding of disease-carrying mosquitos due to standing water in tires, including those responsible for the West Nile Virus, mosquito-borne encephalitis, and chikungunya, recently introduced into the United States from the Caribbean.
At the same time, it makes changes that will minimize the impact on businesses in the used tire and tire treading businesses. The rules also increase the protection to the public from used tire businesses that get into financial difficulties. The rules require operators to change the way used tires may be stored at both indoor and outdoor tire storage facilities. Importantly, the Board’s action will ensure that emergency response crews have easier access to tire piles in case of fire or other emergencies.
“We want to ensure that owners and operators of tire disposal, recycling and retreading businesses act responsibly,” said Chairman Gerald M. Keenan. “Many Illinois residents remember the huge 1994 tire fire in East Chicago that took more than a month to extinguish. The industry provides a valuable service, keeping tires out of landfills and reusing them for other products. Our rules require that these activities be done safely.”
“The rules implement the framework established by the General Assembly in 2014 in response to concerns about the increase in tire fires since 1998,” said Carrie Zalewski, the lead Board member in the development of the rules.
“The Board is grateful for the thorough work done by the Illinois Environmental Protection Agency in conducting industry outreach and developing the original rule proposal,” said Chairman Keenan. “They have worked closely with Board staff in making improvements during the Board’s review and evaluation of the rules.”
Precision Metalforming Association, MIOSHA Renew Alliance to Advance Workplace Safety
The East and West Michigan Districts of the Precision Metalforming Association (PMA), a trade association representing the metalforming industry, renewed its formal alliance with the Michigan Occupational Safety and Health Administration (MIOSHA) to help protect Michigan workers. The MIOSHA program is a part of the Michigan Department of Licensing and Regulatory Affairs (LARA).
Forming its first MIOSHA alliance in 2009, this is the PMA’s second alliance renewal to raise awareness of MIOSHA’s rulemaking and enforcement initiatives, provide training and education, and enhance communication and outreach related to worker protection, particularly within the metalforming industry.
“This collaborative relationship has been instrumental to protecting Michigan’s metalforming workers, and MIOSHA looks forward to continuing the alliance to share information and best practices that will further foster workplace safety,” said MIOSHA Director Martha Yoder.
Key goals of the alliance include:
- Sharing information on OSHA and MIOSHA’s emphasis programs, regulatory agenda, and opportunities to participate in the rulemaking process
- Sharing information on occupational safety and health laws and standards
- Participating in forums, roundtable discussions or meetings to help forge innovative workplace safety solutions
- Encouraging worker participation in workplace safety and health
- Developing effective training and education programs
- Developing information on the recognition and prevention of workplace hazards, and enhancing communication of this information
“Safety is of critical importance to the metalforming industry,” said PMA President William E. Gaskin. “Our local Michigan districts are pleased to continue working together with MIOSHA to provide Michigan metalformers with the information they need to help protect employee safety and health.”
MIOSHA alliances enable organizations committed to workplace safety and health to collaborate with MIOSHA to prevent workplace injuries and illnesses. Alliances are open to all groups, including trade or professional associations, businesses, labor organizations, educational institutions, and government agencies.
There are many benefits to participating in an alliance with MIOSHA, including:
- Building trusting, cooperative relationships
- Networking with others committed to workplace safety and health
- Exchanging information about best practices
- Leveraging resources to maximize worker safety and health protection
The PMA is a full-service trade association representing the metalforming industry of North America – the industry that creates precision metal products using stamping, fabricating, spinning, slide forming and roll forming technologies, and other value-added processes. Its nearly 900 member companies also include suppliers of equipment, materials and services to the industry.
Harden Furniture Inc. Cited for 25 Serious Safety Violations
Proposed penalties total $106,200.
“Employees at the McConnellsville plant face the hazards of amputation, falls, fire, electric shock, or being caught in unexpectedly activated machinery. These are hazards commonly associated with woodworking machinery and manufacturing, and they are hazards that can easily be prevented by an employer,” said Christopher Adams, OSHA’s area director in Syracuse. “Harden Furniture must take effective corrective action to eliminate these hazardous conditions.”
OSHA Fines Boyles Construction Inc. in Little Rock, Arkansas, $47,600
The seven serious violations include failing to: provide protective helmets, provide a safe means to exit the trench, maintain excavation material at least two feet from the edge of the excavation, and create slopes or steps along the sides of the trench to prevent a collapse. Boyles Construction was also cited for failing to post an annual summary of work-related injuries and illnesses for 2015.
Proposed penalties total $47,600
“A trench collapse can happen in a matter of seconds and can take a life just as quickly,” said Carlos Reynolds, OSHA’s area office director in Little Rock. “Fortunately, this collapse wasn’t fatal, but there were still serious physical and financial consequences for the worker who was injured in the collapse. He needlessly suffered a number of broken bones because the company chose not to follow industry standard measures to prevent the collapse. OSHA will not tolerate such negligence.”
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