California’s Department of Toxic Substances Control (DTSC) has released a draft of its First Stage Alternatives Analysis Guide, a key step in the implementation of California’s Safer Consumer Products regulations, which are creating safer substitutes for hazardous ingredients in consumer products sold in California.
The regulations identify specific products that contain potentially harmful chemicals and ask manufacturers to answer two questions: 1) Is the chemical necessary? 2) Is there a safer alternative?
“One of the primary aims of our Safer Consumer Products regulations is to avoid regrettable substitutions,” said Deputy Director for the Safer Products and Work Places Program Meredith Williams. “The Alternatives Analysis process is a cornerstone of the regulations because it requires manufacturers to find safer alternative ingredients for their products.”
The First Stage Alternatives Analysis Guide released recently is a tool to help manufacturers answer those questions. It is written to assist people who are conducting Alternatives Analyses (AA) in accordance with the Safer Consumer Products regulations. The Guide helps people understand the California Alternatives Analysis process; provides useful information and resources; and describes how California’s AA relates to other existing alternatives assessments.
The draft guide is available for public comment and will be reviewed by DTSC’s Green Ribbon Science Panel before it is finalized.
An additional guidance document, which describes the second stage of the Alternatives Analysis process, will be released in draft by Spring of 2016. It will undergo similar public comment and review.
“We’re eager to hear feedback from manufacturers and users of the guide,” Williams said. “It’s important that it helps them comply with the regulations.”
The Alternatives Analysis process will help manufacturers determine how best to compare the chemicals of concern in Priority Products with potential alternatives and determine if there is a safer way to make the products.
In March 2014, DTSC announced its initial three draft “priority products”—consumer goods sold in California that each contain at least one toxic chemical:
- Children’s foam padded sleeping products containing TDCPP or TCEP
- Spray Polyurethane foam systems containing unreacted MDI
- Paint stripper containing Methylene Chloride
DTSC’s landmark Safer Consumer Products regulations represent a significant shift toward a more protective, economically viable approach to how California protects people and the environment from hazardous chemicals found in consumer products. The regulations provide an opportunity for innovative industries to capitalize on the growing consumer demand for products that are safer and better for the environment.
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
Chicago RCRA and DOT Training
Los Angeles RCRA and DOT Training
Atlanta DOT and IATA Training
OSHA Extends Comment Deadline for Recordable Recordkeeping Rule
OSHA published a notice of proposed rulemaking on July 15, 2015, titled ‘‘Clarification of Employer’s Continuing Obligation to Make and Maintain an Accurate Record of Each Recordable Injury and Illness.’’ The notice stated that comments were due by September 28, 2015. The National Association of Home Builders requested that the deadline for submitting comments be extended by 60 days to provide additional time for interested parties to engage in ‘‘legal analysis, as well as careful review and discussion’’ of the proposed rule.
The proposed amendments add no new compliance obligations; the proposal would not require employers to make records of any injuries or illnesses for which records are not already required.
OSHA has determined that an extension of 30 days is reasonable. Therefore, to allow commenters adequate time to prepare complete and accurate comments on the proposed rule, OSHA is extending the deadline for submitting comments in response to the proposed rule to October 28, 2015.
Indiana Issues Workplace Fatality Report
The IDOL reported 127 worker deaths in 2014.
“The Indiana Department of Labor remains committed to promoting safe workplaces for all Hoosiers through its multifaceted approach of outreach, training, safety consultations, recognition for exemplary occupational safety and health management systems and a robust enforcement program,” said IDOL Commissioner Rick J. Ruble. “We strive to help Indiana employers improve their safety and health practices to adopt a culture of workplace safety and health excellence.”
In general, worker fatalities have continued to decrease over the past 22 years from a high of 195 in 1994 to a record low of 115 in 2012. Although the number of fatal injuries has not changed from last year’s final total, 2014’s 127 ties 2013 and 2007 for the fourth-lowest number of workplace fatalities on record.
Key statistics from the 2014 CFOI report include:
- 127 Hoosier workplace fatalities were reported in 2014
- 52 of the workplace fatalities resulted from transportation-related incidents of which more than half (30) were attributed to roadway incidents involving motorized vehicles
- The agriculture, forestry, fishing, and hunting industry experienced more transportation-related fatalities than any other industry (13)
- Workplace fatalities in Indiana’s transportation and warehousing industry decreased by approximately 12%, from 59 in 2013 to 52 in 2014.
The preliminary review of 2014 workplace fatalities shows the primary cause of worker fatalities in Indiana was vehicle crashes. This is consistent with prior years’ reports. outreach campaign and social media contest. The DRIVE NOW. TXT L8R. campaign was initiated to educate motorists on the dangers of texting while driving.
Aluminum Shapes LLC Fined $308,000 for 44 Safety Violations
OSHA launched an investigation April 16, 2015, after being notified that an employee suffered a broken leg on March 24 while operating a crane and was hospitalized. The company failed to report the incident to the agency within 24 hours, as required.
The willful citation involved electrical equipment with damaged parts that could adversely affect the safe operation or mechanical strength of the equipment. In addition, pendant control boxes for a crane were damaged, malfunctioning, and not clearly marked; damaged slings were not removed from service; and metal saws were not guarded to prevent employee exposure, resulting in the repeat citations. Unguarded floor openings, lack of machine guarding and confined space training were among the serious violations.
The other-than-serious violations included the employer’s failure to report the hospitalization and an inadequate hazard communication program.
Proposed penalties total $308,000.
“The number of safety violations found at Aluminum Shapes’ plant is completely unacceptable. This employer blatantly ignored known safety requirements, causing a preventable worker injury,” said Robert Kulick, OSHA’s regional administrator in New York. “This company is now paying a hefty price for its negligence. The hazards identified in the investigation should be immediately addressed to prevent future incidents and ensure worker safety.”
Two Montana Construction Companies Fined $151,000 for Inadequate Cave-In Protections
Glennco Excavating, Inc., was fined $130,200 and Labor Ready Northwest, Inc., was fined $21,000.
“Temporary staffing agencies and host employers share control over workers, and are therefore jointly responsible for their safety and health. These employers did not exercise their ultimate responsibility,” said Art Hazen, OSHA’s acting area director in Billings.
US Army Corps of Engineers Workers Face Unsafe Conditions at Soo Locks
A federal agency, the Corps is a part of the US Department of Defense.
Workers also faced dangerous confined space hazards when they accessed the main service tunnel adjacent to the St. Lawrence Seaway, and other spaces used to maintain equipment at Soo Locks, a national landmark.
“It can be lethal to expose crane operators to heavy loads and to allow workers to enter tunnels and other confined spaces without proper training,” said Larry Johnson, director of OSHA’s Lansing Area Office. “Like private employers, federal agencies must correct safety and health deficiencies immediately. Failing to do so is inexcusable.”
A confined space also has limited or restricted means for entry or exit and is not designed for continuous occupancy.
OSHA found that the Army Corps of Engineers failed to designate the tunnel, oil tank, well pump, power house turbines, and various pits as permit-required confined spaces. The Corps also failed to train workers on hazards, post warning signs, issue entry permits, and practice emergency rescue operations for these spaces.
OSHA cited the Army Corps of Engineers previously for these hazards at sites in New York and Alaska in 2011 and 2014.
In addition to the serious crane violations, OSHA found the Corps failed to:
- Provide stairway handrails
It was the first inspection at the facility.
Located in Sault Ste. Marie, the US Army Corps of Engineers Soo Area Office employs 100 workers and 37,000 worldwide.
Unlike the private sector, OSHA does not impose penalties on federal agencies. However, the equivalent private-sector penalty for these violations would be $124,020.
Martin Foundry Co. Exposed Workers to Lead
Each year more than 50,000 American workers die from occupational exposure to lead, asbestos, and other substances.
“Employers must provide a safe, healthy workplace for their employees without court intervention,” said Barbara Theriot, OSHA’s area director in Kansas City. “Lead exposure can have lifelong consequences, but it’s easily preventable. The company needs to make immediate changes to its safety and health programs.”
Martin Foundry also allowed workers to eat and drink where lead was present, and failed to provide shower facilities for employees to remove lead dust and particulates before leaving.
Inspectors found five repeated violations, including the following:
- Employee lead overexposure
- Lack of clean changing rooms
- Not providing clean, dry protective clothing at least weekly
- Failing to train workers on lead hazards
- Absence of separate lunch facilities to prevent lead ingestion
OSHA cited Martin Foundry for these violations previously in February 2014.
Agency investigators first attempted to inspect the foundry March 27, 2015. Owner Darrell Stone refused to allow inspectors into the foundry, leading agency officials to obtain a warrant and return April 7 to complete the inspection. At that time, Stone and representatives of Compliance Professionals, Inc., the foundry’s safety consultant, again refused entry, in violation of the warrant. Inspectors returned later that day with US Marshals. Martin Foundry and Compliance Professionals persisted in obstructing OSHA’s investigators after the Marshals left. OSHA completed the inspection after attorneys for the department and the US Department of Justice initiated contempt proceedings.
She ordered them on May 20 to cooperate with the OSHA inspection.
The US District Court in Kansas City ordered the defendants to pay $10,778 each for departmental costs. Martin Foundry and Stone are also liable for $1,000 in fines for their failure to cooperate. The court fined third-party consultants Robert Lockett, Williams Alpert, and Ann Fox $2,000 each for willfully impeding OSHA’s investigation and refusal to comply with the warrant.
Pier 1 Imports Fined $86,100 for Violations at 2 Texas Locations
A serious violation at the Mansfield location involved damaged storage racks. The repeated violations at both locations were for failing to provide forklift operator training. OSHA began the inspection after being notified that an electric pallet jack had struck an employee who was subsequently hospitalized.
Proposed penalties total $86,100.
“Pier 1 Imports exposed workers to hazardous but preventable conditions and ultimately jeopardized the safety of their workers in doing so,” said Jack Rector, OSHA’s area director in Fort Worth, Texas. “This complaint and report of a hospitalization have identified continual hazards which require immediate corrective action to prevent further injuries.”
Juniper Elbow Co. Inc. Faces $85,140 Fine for Exposing Workers to Hazards
Juniper Elbow Co. Inc., doing business as Juniper Industries, Inc., is a metal products manufacturer located at 72-15 Metropolitan Ave. in the Middle Village section of Queens, New York.
OSHA found four hazards similar to those cited during a 2012 inspection—blocked exit routes; missing or unmounted fire extinguishers; four lathes not guarded against employee contact with their operating parts; and failure to monitor noise levels and administer a hearing conservation program. The inspection also identified several new hazards. These included a locked exit; no exit access to the street; no welding screens where required; a sprinkler head and paint spray booth covered in paint; several instances of operating machine parts not guarded against contact; and no safety training for employees exposed to high noise levels.
Proposed penalties total $85,140.
“These conditions exposed employees to possible hearing loss, broken bones, lacerations, amputation, fire, eye injuries and being unable to exit the workplace swiftly and safely in the event of emergency,” said Kay Gee, OSHA’s area director for Queens, Manhattan and Brooklyn. “The repeated nature of several of these violations is disturbing and unacceptable. Juniper must make and adhere to an ongoing effective commitment to protect the safety and health of its employees.”
Hearthside Food Solutions LLC Fined $52,500 after Worker Suffers Amputation
The citations follow an OSHA investigation opened after a 55-year-old worker lost part of his right middle finger while unjamming a dough-cutting machine. Inspectors found the machine lacked adequate guarding to protect him from dangerous moving parts. Hearthside Food Solutions was cited for a similar violation at the same facility in 2010, resulting in the issuance of one repeated violation. OSHA also issued two serious violations for failing to turn off the machine during maintenance and not training employees on safety procedures to prevent exposure to operating parts.
“This worker suffered the permanent loss of part of his finger because his employer of three years failed to follow basic safety procedures,” said Kim Nelson, OSHA’s area director in Toledo. “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.
Pilgrim’s Pride Corp.’s Safety Violations Lead to Multiple Finger Loss for Employee
In less than 60 days, three employee injuries—including one worker who suffered the amputation of three fingers—brought federal inspectors to West Virginia poultry processing facilities operated by Pilgrim’s Pride Corp., one of the world’s largest chicken producers.
Proposed fines total $46,825.
On April 28, 2015, an employee contacted an unguarded machine shaft while operating a conveyer system. Pulled around the shaft, the worker suffered a fractured arm. Two weeks later, on May 12, an employee fell on a concrete floor while refilling a machine with an inadequate step for employee access. A third worker had three fingers amputated when they caught in a blender while removing poultry from the machine on June 15.
“Amputations have lasting professional and personal consequences—and these injuries were needless and preventable,” said Prentice Cline, director of OSHA’s Charleston Area Office
Headquartered in Greeley, Colorado, Pilgrim’s Pride employs 35,000 workers in 12 US states, Mexico, and Puerto Rico. One of the world’s largest chicken producers, the company sells fresh, prepared, and frozen poultry under the Pilgrim’s, Country Pride, Pierce, Gold Kist, and Savoro brands in the US, Mexico, Asia and the Middle East to retailers, food-service distributors, and restaurants.
Cummins Seymour Engine Plant Among Indiana’s Safest and Healthiest Workplaces
Cummins Seymour Engine Plant, located in Seymour, Indiana, has achieved certification in the Indiana Voluntary Protection Program (VPP) as a “STAR” site. VPP “STAR” certification is the highest level of certification a worksite can achieve. Indiana VPP sites are leaders in workplace safety and health and are recognized for their success in proactively protecting Hoosier workers.
“The management, employees and staff at Cummins Seymour Engine Plant have an approach that prioritizes safety and health to the forefront of everything they do,” said Indiana Department of Labor (IDOL) Commissioner Rick J. Ruble. “This prioritization places Cummins Seymour Engine Plant into an elite group of worker safety and health-minded Indiana businesses,” Ruble added.
To participate in VPP, a company must develop, implement, and maintain an exemplary worker safety and health management system and complete a comprehensive workplace safety and health audit conducted by IDOL staff and safety professionals from a pool of Special Government Employees (SGEs). Additionally, the site’s workplace injury and illness rates must be below the national industry average for its respective industry. Currently, 75 Indiana workplaces have achieved VPP certification—73 are designated as “STAR” worksites.
Cummins Seymour Engine Plant employs about 700 employees that manufacture four models of diesel engines each year. Through its proactive efforts, the plant has been successful in reducing and eliminating workplace injuries and illnesses. The most recent worker injury and illness rate for the facility is approximately 70% below the national average for the industry. Cummins Seymour Engine Plant also was previously recognized with a Governor’s Workplace Safety Award during the 2013 Indiana Safety and Health Conference and Expo.
Old Dominion Collision Repair Center Earns Safety Recognition
Oregon OSHA has announced that Old Dominion Collision Repair Center of Eugene has graduated from the Safety and Health Achievement Recognition Program (SHARP).
SHARP provides an incentive for Oregon employers to work with their employees to find and correct hazards, develop and implement effective safety and health programs, and continuously improve. The ultimate goal of SHARP is to encourage employers to become self-sufficient in managing workplace safety and health issues.
Old Dominion Collision Repair has been in business since 1973, making auto collision repairs. The company employs 15 people at its Eugene location. Workers face hazards such as heavy equipment, welding fumes, heavy lifting, and other chemical exposures.
“The same hazards still exist from when we started the program. Through SHARP, we have safety awareness that we could have never achieved prior to the SHARP program,” said Bryan McConnell, safety manager at Old Dominion. “We are very grateful for the ongoing vision. The program has touched our lives and benefited our work and families in ways we never saw before.”
Oregon employers that have been in business for more than one year are eligible to apply for SHARP regardless of size or type of business, although the program is primarily designed to help small and mid-size businesses.
Currently, about 30 employer locations in Oregon participate in SHARP, in addition to approximately 142 facilities that have graduated from the program.
Key Knife Inc. Earns Safety Recognition
Oregon OSHA has announced that Key Knife, Inc., in Tualatin has graduated from the Safety and Health Achievement Recognition Program (SHARP).
SHARP provides an incentive for Oregon employers to work with their employees to find and correct hazards, develop and implement effective safety and health programs, and continuously improve. The ultimate goal of SHARP is to encourage employers to become self-sufficient in managing workplace safety and health issues. Currently, about 30 employer locations in Oregon participate in SHARP, in addition to approximately 142 employers that have graduated from the program.
With 65 employees at the Tualatin facility and 87 worldwide, Key Knife manufactures chipping, flaking, and planning systems used in sawmills, pulp mills, and particleboard plants around the world.
“I feel SHARP has helped us in reaching the employee involvement and commitment that we need to have a successful safety program,” said Shawna Bergeron, safety coordinator for Key Knife. “You can have an endless amount of safety policies and procedures in place, but if you don’t have the commitment of the employees, safety will not be valued.”
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