Manholes, crawl spaces, tanks, and other confined spaces are not intended for continuous occupancy. They are also difficult to exit in an emergency. People working in confined spaces face life-threatening hazards including toxic substances, electrocutions, explosions, and asphyxiation.
Last year, two workers were asphyxiated while repairing leaks in a manhole, the second when he went down to save the first—which is not uncommon in cases of asphyxiation in confined spaces. “In the construction industry, entering confined spaces is often necessary, but fatalities like these don’t have to happen,” said Secretary of Labor Thomas E. Perez. “This new rule will significantly improve the safety of construction workers who enter confined spaces. In fact, we estimate that it will prevent about 780 serious injuries every year.”
The rule will provide construction workers with protections similar to those manufacturing and general industry workers have had for more than two decades, with some differences tailored to the construction industry. These include requirements to ensure that multiple employers share vital safety information and to continuously monitor hazards—a safety option made possible by technological advances after the manufacturing and general industry standards were created.
“This rule will save lives of construction workers,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “Unlike most general industry worksites, construction sites are continually evolving, with the number and characteristics of confined spaces changing as work progresses. This rule emphasizes training, continuous worksite evaluation and communication requirements to further protect workers’ safety and health.”
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.
St. Louis RCRA and DOT Training
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Toxic Chemicals Found in Floor Tiles
A new study found that most vinyl flooring tested contained toxic phthalates, a number of which have been banned in children’s products since 2009. The flooring samples tested were purchased from major home improvement retailers including Lowe’s and Lumber Liquidators. Researchers found that, of 65 vinyl floor tiles tested, 38 (58%), contained phthalates. Phthalates are commonly found in flooring at levels which exceed U.S. Consumer Products Safety Commission (CPSC) children’s product standards for phthalates. The study also surveyed major retailers to assess whether they have adopted policies to eliminate phthalates in flooring. The survey found that The Home Depot is far ahead of its competitors by requiring its suppliers to eliminate ortho-phthalates in all virgin vinyl flooring by the end of 2015.
Workers’ Memorial Day
US Secretary of Labor Thomas E. Perez recently issued the following statement on Workers’ Memorial Day:
“Each year, Workers’ Memorial Day gives us an opportunity to remember those who have lost their lives in the course of a day’s work, and to recommit to keeping workers safe on the job. In 2015, as we mark the five-year anniversaries of three tragedies—the Deepwater Horizon oil spill, in which 11 workers lost their lives, the Upper Big Branch mine disaster which took the lives of 29 miners, and the Tesoro refinery explosion which killed seven workers—we are reminded that while we have made great strides in worker safety, we must do more.
In 2013, 4,585 workers were killed on the job. That number has fallen dramatically since the Occupational Safety and Health Act passed in 1970, but it’s still 4,585 too many. It’s 4,585 too many men and women who lost their lives trying to earn a paycheck. It’s 4,585 too many workers—mothers and fathers, daughters and sons, sisters and brothers—who went to work but never came home.
Every worker has a right to a safe and healthy workplace—and a right to speak up when they believe something is unsafe. Every employer has a responsibility to ensure the safety of their workers, and forward-looking businesses know that compromising the safety of workers to improve the bottom line is a false choice.
As we mourn the lives lost on the job, we must make sure workers know their rights and employers know their responsibilities. In doing so, we can prevent tragic loss and ensure every worker goes home safely at the end of every workday.”
OSHA Unveils New “It’s The Law” Poster
The poster informs workers of their rights, and employers of their responsibilities.
“This poster emphasizes a very important principle when it comes to prevention - that every worker has a voice,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “Workers need to know their rights and be able to use their rights, without fear of retaliation, when they believe that their safety or health is at risk.”
The newly designed poster informs workers of their right to request an OSHA inspection of their workplaces, receive information and training on job hazards, report a work-related injury or illness, and raise safety and health concerns with their employer or OSHA without being retaliated against.
The poster informs employers of their legal obligation to provide a safe workplace. In addition, it has been updated to include the new reporting obligations for employers, who must now report every fatality and every hospitalization, amputation, and loss of an eye. It also informs employers of their responsibilities to train all workers in a language and vocabulary they can understand, comply with OSHA standards, and post citations at or near the place of an alleged violation.
Over the agency’s 44-year history, there have been several versions of the official OSHA poster, with the last update published in 2007.
Employers must display the poster in a conspicuous place where workers can see it. Previous versions of the poster do not need to be replaced.
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Tip Top Roofing Fined $124,780 for Failing to Provide Workers Fall Protection
On November 4, 2014, the OSHA’s Aurora Area Office initiated an inspection of roofing contractor Tip Top Roofing & Construction, Inc., after receiving a complaint alleging workers were exposed to fall hazards at a residential jobsite in DeKalb, Illinois.
OSHA issued two willful and four serious violations for exposing workers to falls and other hazards while re-roofing an existing residence. A willful violation is one committed with intentional, knowing or voluntary disregard for the law’s requirement, or with plain indifference to worker safety and health. An OSHA violation is serious if death or serious physical harm could result from a hazard an employer knew or should have known exists.
Two willful violations cite the company for:
- Failing to extend a ladder at least three feet above the landing to provide safe roof access
“A roofer can fall to his death in mere seconds. By refusing to provide fall protection to its workers, Tip Top Roofing and Construction is gambling with workers’ lives and livelihood—and that is unacceptable,” said Jacob Scott, OSHA’s Area Director in Aurora. “With everything we know about how to work safely, it’s troubling to see how many workers are still injured every year in the construction trades, and particularly from falls.”
Each year 38,000 construction injuries are reported. Fatal falls, slips, or trips took the lives of 699 workers in 2013. Falls to a lower level accounted for 574 of those fatalities. About half of the 1.6 million Americans employed in the construction industry, work in residential construction.
Proposed penalties total $124,780.
Marietta Corp. Fined $103,800 for Exposing Employees to Dangerous Chemical and Fire Hazards
A leading maker of soap and shampoo for hotels and retail sale exposed workers to chemical and fire hazards and blocked emergency exit routes, OSHA found in a November 2014 inspection. A company that provided it the manufacturer with temporary employees was cited for chemical-related hazards.
Acting on employee complaints, inspectors visited Marietta Corp., in Cortland, New York, and found flammable liquids were not stored or used properly; employees with respirators were not trained or checked medically; and containers with hazardous chemicals were not labeled correctly. Similar hazards were found at the Cortland plant in 2011 and at the company’s Chicago facility in 2010.
In addition, inspectors found workers without needed eye and face protection and emergency eyewash stations; employees not trained in the use of dangerous chemicals; and forklift operators who did not receive refresher training.
“The fact that we found new and repeated hazards shows Marietta Corp. must take worker health and well-being more seriously,” said Christopher Adams, OSHA’s area director in Syracuse. “Its employees are at risk of illness, injury or worse from dangerous chemicals, fire and an inability to escape in an emergency.”
Select Staffing, the temporary agency that recruits workers for Marietta, received two serious violations with $10,000 in fines proposed. The staffing agency did not provide workers exposed to dangerous chemicals with proper eye and face protection; lacked accessible data sheets for hazardous chemicals; and did not prove that a hazard assessment had been done to determine what protective equipment employees would need.
The initiative includes outreach, training and enforcement to ensure that temporary workers are protected in their workplaces.
Colorado Utility Installers Expose Workers to Possible Trench Collapse, Fined $101,000
The Swerdfeger inspection in Pueblo, Colorado, was prompted by a complaint and the Pate inspection in Penrose, Colorado, began after an OSHA compliance officer observed an unprotected trench.
OSHA also issued one serious violation, with a penalty of $2,700, for placing workers in a trench more than 4 feet deep without a safe exit.
Proposed penalties total $101,200.
“A trench cave-in happens so quickly a worker has no time to react, and the results are often fatal,” said David Nelson, OSHA’s area director in Englewood, Colorado. “Shoring trench walls for support is not a new practice in the construction industry, yet both of these employers chose to ignore this commonsense safety system.”
Colorado Construction Companies Fined $93,800 for Exposing Workers to Fall Hazards
OSHA’s inspection encompassed 13 contractors, including one general contractor, one gutter contractor and 11 roofing contractors. Ten of the 11 roofing contractors were cited and fined.
- Proposed penalty is $63,000.
- Subcontractor Ross Seamless Gutters was cited for one serious violation, with a proposed penalty of $2,800 for failing to protect workers from fall hazards while installing gutters.
- Subcontractors David Mora, Cristobol Corrasco, Moises Martinez, Gonzalo Martinez, Arturo Jimenez, Evaristo Perez, Mosies Robles, Jose Dela Rosa, Curz Ramirez, and Manuel Rivera were each cited for one serious violation, with a proposed penalty of $2,800 each for failing to protect workers from fall hazards while installing roofing materials.
Proposed penalties total $93,800.
“A fall from just six feet can lead to serious injury or death,” said David Nelson, OSHA’s area director in Englewood, Colorado. “That’s why it’s so important for employers to provide proper fall protection equipment like anchor points, full body harnesses, or, better still, a retractable life line.”
Nationwide, according to OSHA inspections conducted in 2014, falls accounted for 57 fatalities in the roofing industry in fiscal year 2014, according to OSHA inspection data. In the last two and half years the Englewood OSHA area office has conducted 614 inspections in the roofing industry and issued more than 830 violations with proposed penalties close to $2 million for exposing workers to falls.
Workers Exposed to Amputation Hazards at Vista Window Company
On October 22, 2014, OSHA’s Cleveland office initiated an inspection at Vista Window Company, LLC, in Warren, Ohio, after receiving a complaint alleging unsafe working conditions. This was the first OSHA inspection at the Warren-based company which manufactures vinyl windows.
In total, OSHA issued 16 serious and three other-than-serious violations. Other violations include:
- Failing to provide hearing and eye protection for worker’s wearing prescription lenses
“OSHA inspectors found numerous machines operating without required safe guards and procedures to protect workers from coming in contact with moving parts,” said Howard Eberts, OSHA’s area director in Cleveland. “Each year thousands of workers suffer lacerations, bruises, amputations and other serious injuries because these procedures are not in place and workers are not trained to recognize dangers. Vista Window Company needs to make immediate changes to its safety and health programs.”
Proposed penalties total $79,200.
J&M Energy Services Fined $60,900 for Exposing Workers to Hazardous Gas
Hydrogen sulfide is a flammable, colorless gas with a characteristic odor of rotten eggs, which can be fatal if inhaled at certain concentrations. In addition, hydrogen sulfide gas burns and produces other toxic vapors and gases, such as sulfur dioxide. Workers were directed to go into the area that contained the gas even though warning monitors indicated a hazard. As a result, one worker suffered severe health effects requiring hospital treatment.
Proposed penalties total $60,900.
“Requiring employees to work in an area that presents a known hazard such as hydrogen sulfide gas is a blatant disregard for the workers’ health and safety. Such disregard will not be tolerated,” said Elizabeth Linda Routh, OSHA’s area director in Lubbock. “J&M Energy Services did not take the necessary steps required to keep workers safe, and as a consequence a worker was unnecessarily injured.”
Clearwater Paper Neenah Exposes Workers to Serious Hazards
The site was selected because equipment used at the paper mill can put employees at risk for such injuries.
In total, OSHA issued nine serious safety violations. Other violations include:
- Lack of eye wash stations for worker’s exposed to corrosive chemicals
- Lack of safety latches on crane hooks.
- Lack of guard rails which exposed workers to fall hazards over dangerous equipment
“OSHA inspectors found numerous machines operating without required safeguards and procedures to protect workers,” said Robert Bonack, OSHA’s area director in Appleton “Each year thousands of workers suffer lacerations, bruises, amputations and other serious injuries because these procedures are not in place and workers are not trained to recognize dangers. Clearwater Paper Neenah and its union representatives took immediate steps to address these hazards.”
Proposed penalties total $49,075.
Wellington Stamping Fined $49,000 for Exposing Workers to Amputation Hazards
The life of a 23-year-old man working at a metal stamping company was changed forever when three fingers on his right hand were crushed in a power press in January 2015.
OSHA inspectors say the incident at Wellington Stamping could have been prevented. Their investigation of the incident, in which the man suffered the loss of his right pointer, middle, and ring fingers while clearing a machine jam, produced seven violations for Wellington Stamping, with proposed penalties of $49,000.
“Our investigation found this young man’s serious injuries could have been prevented if his employer had complied with OSHA safety standards. The company must correct these discrepancies,” said Kimberly Nelson, OSHA’s area director in Toledo.
In total, seven serious citations were issued.
The incident was reported to OSHA by Shiloh Industries, Inc., operator of Wellington Stamping, under new self-reporting requirements that went into effect January 1. Those requirements mandate that employers must report amputation injuries within 24 hours.
Each year, more than 200,000 American workers suffer cuts, lacerations, and amputations from operating parts of dangerous machinery. Inspectors often find that various mechanical power press brakes and other machines used in manufacturing plants lack adequate safety mechanisms.
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