OSHA is launching a pilot program seeking to partner with building inspectors in 11 American cities to reduce injuries and fatalities at construction sites. Secretary of Labor Hilda L. Solis has sent letters to the mayors of the selected cities, proposing that OSHA work with and train local building inspectors on hazards associated with the four leading causes of death at construction sites. Under this program, building inspectors would notify OSHA when they observe, during the course of their work, unsafe work conditions. OSHA, in turn, would send a federal agency compliance officer to that workplace for a safety inspection.
In construction, the four leading causes of death are falls, electrocution, being crushed or caught between objects, or being struck by moving machinery or objects. In her letters, Secretary Solis wrote, “I believe workplace enforcement is not only our responsibility but our moral obligation. We need your help to send our inspectors where they can make the biggest difference.”
OSHA seeks to partner with building inspectors in the following cities:
- Austin, Texas
- Boise, Idaho
- Cincinnati, Ohio
- Concord, New Hampshire
- Greenwood Village, Colorado
- Madison, Mississippi
- Atlanta Metropolitan area, Georgia
- Newark, New Jersey
- Oakland, California
- Washington, D.C.
- Wichita, Kansas
“This initiative allows us to expand our eyes and ears,” said Dr. David Michaels, assistant secretary of labor for OSHA. “Although we are adding 110 new inspectors this year, OSHA simply cannot inspect every construction site in the country.”
FMCSA Launches Pre-Employment Screening Program
U.S. DOT’s Federal Motor Carrier Safety Administration (FMCSA) has launched its Pre-Employment Screening Program (PSP), which allows commercial motor carrier companies to electronically access driver inspection and crash records as a part of the hiring process.
“Safety is our highest priority. The Pre-Employment Screening Program sends a strong message to commercial carriers and drivers that we are serious about having the safest drivers behind the wheel of large trucks and buses,” said Transportation Secretary Ray LaHood.
“Starting today, commercial carriers will have an essential tool for making informed hiring decisions that will lead to safer drivers on our roads,” said FMCSA Administrator Anne S. Ferro. “The Pre-Employment Screening Program raises the safety bar for the motor carrier industry and helps to make our roads safer for everyone.”
The Pre-Employment Screening Program offers access to up to five years of driver crash data and three years of inspection data regardless of the state or jurisdiction. By using driver safety information during pre-employment screening, commercial carriers will be able to better assess the potential safety risks of prospective driver-employees. PSP also gives drivers additional opportunities to verify the data in their driving history and correct any discrepancies. A driver’s records will be protected in accordance with federal privacy laws.
The Pre-Employment Screening Program is populated monthly by FMCSA’s Motor Carrier Management Information System (MCMIS). The MCMIS is comprised of driver performance data including inspection and compliance review results, enforcement data, state-reported crashes, and motor carrier census data.
Michigan OSHA Cites GRL Properties for Asbestos Hazards and Proposes $115,000 in Penalties
Michigan Department of Energy, Labor & Economic Growth (DELEG) Director Stanley “Skip” Pruss announced the Michigan Occupational Safety and Health Administration (MIOSHA) has cited GRL Properties, LLC, of Grand Rapids, with $115,000 in proposed penalties for allegedly failing to adequately protect employees and the general public from serious asbestos hazards at the John Bean Building in Lansing, Michigan.
“These proposed fines reflect the fact that the company knew there was asbestos-containing material in the John Bean Building and yet did not take appropriate action to protect the workers removing the material or their tenants,” said Pruss. “This indifference will not be tolerated. Effective protective measures must be in place and in use when necessary to protect workers and the general public.”
Asbestos is a mineral fiber that has been used in more than 3,000 different products over the last 100 years for its insulating, acoustical, and fire protective properties. Common products that contain asbestos are pipe insulation, floor and ceiling tile, spray-on fireproofing, and boiler wrap insulation.
MIOSHA Asbestos Standards require a survey at all worksites involving pre-1981 buildings where asbestos may be contacted or before construction work subject to the standards begins. It is the employer’s responsibility to obtain and review the building survey prior to conducting any work activities that may involve contact and/or disturbance of asbestos-containing material (ACM). The standards require that workers are adequately trained and they address the proper maintenance, removal, and handling of ACM.
On November 23, 2009, the MIOSHA Asbestos Program began a complaint investigation involving an allegation that asbestos insulated piping was being removed improperly by a tenant (Property Shield, LLC) at the John Bean Building, at 1305 S. Cedar, in Lansing. The building is owned by GRL Properties, LLC, and is managed by GRL Properties Management Co., LLC, and has a variety of tenants.
Statements from Property Shield representatives indicated they had an agreement with the building owner and building manager to remove abandoned steel piping in the facility for half the money received for the scrap metal. They said representatives of GRL Properties, LLC, assured them that insulation on the piping was cardboard and not an ACM thermal system insulation (TSI).
The MIOSHA investigation found the building was not completely inspected for asbestos, and the building inspection information the building owner had was not conveyed to employees working in the facility or tenants occupying the facility. As a result, a major asbestos fiber release episode occurred, potentially exposing employees and building tenants to asbestos.
GRL Properties, LLC, and GRL Properties Management Company, LLC, and their other affiliated companies have extensive citation histories involving asbestos violations that go back to 1996. They have been fully advised multiple times of their obligations to assure that pre-1981 buildings are properly inspected for asbestos; that inspection results are conveyed to employees, tenants, and contractors; and that disturbance/removal must be conducted following asbestos standards.
GRL Properties, LLC, received a total of three alleged willful violations with a proposed penalty of $105,000. The violations included:
- No notification of the presence of asbestos to employees,
- No notification of the presence of asbestos to contractors or tenants, and
- No training provided to employees performing housekeeping operations in a building containing asbestos.
The company also received alleged serious violations with a proposed penalty of $10,000. The serious violations included:
- No complete asbestos survey,
- Proper isolation controls not used,
- Proper decontamination not provided, and
- The competent person present during removal work did not assuring proper work practices were utilized.
A willful violation is one committed with intentional, knowing or voluntary disregard for the law’s requirement, or plain indifference to employee safety and health. A violation is classified as serious if death or serious physical harm can result from a hazard an employer knew or should have known exists.
Largest-Ever Asbestos Penalty in Maryland
The Maryland Department of the Environment (MDE) has prevailed in an asbestos enforcement case in Baltimore City Circuit Court. The Court imposed a civil penalty of $115,500 against 2315 St. Paul Street, LLC and the maximum penalty of $1,225,000 against Erie Vera, LLC, finding the defendants’ actions were willful and making this the largest penalty ever imposed for an asbestos case in Maryland.
“The defendant showed no regard for the health of the workers and the surrounding environment by not following the proper process when removing asbestos,” said Attorney General Douglas F. Gansler. “I am pleased that the State was able to secure the largest asbestos penalty ever, sending a clear message that we will continue to vigorously enforce Maryland’s environmental laws.”
MDE Secretary Shari T. Wilson said, “Maryland will continue to fully enforce the laws that safeguard public health. The anonymous tip that led MDE to the discovery of these illegal and unsafe actions is a reminder of the important role Marylanders play in protecting our environment and public health.”
On September 4, 2007, MDE’s asbestos program received an anonymous complaint that asbestos was being disturbed during renovation. MDE’s inspector observed asbestos debris, as well as a large pile of asbestos contaminated debris, on each floor of a large 6-story building. The debris was being shoveled into a large garbage chute that descended five stories into an open dumpster on the ground. There were no signs of engineering controls, or wetting of the asbestos containing materials, as is required by law. In addition, none of 15-20 workers on site were using the required physical protection, such as respirators or protective clothing.
MDE’s inspector ordered the owner to stop all work, immediately evacuate the workers, and hire a licensed asbestos contractor to decontaminate the building. Approximately 7,500 bags of asbestos waste, including 1,500 linear feet of friable pipe insulation, were generated during the decontamination.
OSHA Proposes $45,500 Penalty against The Spieker Co. for Fall Protection Violations
Based on a March construction site inspection at a high school in Delta, Ohio, OSHA has cited the company with one willful violation with a proposed $44,000 penalty for failing to provide adequate fall protection for several workers who worked at heights in excess of 13 feet.
The employer also has been cited with one serious citation with a proposed $1,500 penalty for failing to protect workers from exposed reinforcing steel bars, an impalement hazard.
“Employers must ensure any employee working at elevated heights has proper fall protection,” said OSHA Area Director Jule Hovi in Toledo, Ohio. “Falls continue to be the number one hazard killing or seriously maiming workers. Those who ignore safety regulations are inviting tragedy into the lives of their workers.”
The Spieker Co., which employs more than 50 employees, has been cited by OSHA with serious and repeat violations several times for fall protection and other safety violations during the past three years.
OSHA Proposes $217,000 Fine against Postal Service for Electrical Hazards
OSHA cited the U.S. Postal Service for alleged willful and serious violations of safety standards at the Denver Network Distribution Center, 7755 E. 56th Ave. in Denver, for exposing workers to electrical hazards. Proposed penalties total $217,000.
OSHA’s inspection found that employees were performing testing on live electrical equipment and doing so without adequate training, personal protective equipment, or following safety-related work practices. As a result of these conditions, OSHA has issued three willful citations with $210,000 in proposed fines.
“These sizable fines reflect the severity and ongoing nature of these hazards,” said Assistant Secretary of Labor for OSHA Dr. David Michaels. “The Postal Service ignored long-established safety standards and knowingly put its workers in harm’s way.”
In addition, one serious citation, with $7,000 in fines, has been issued for failure to post warning signs to alert employees of electrical hazards.
“The Postal Service was aware of the hazardous electrical conditions but did not correct them in a timely manner to prevent potential serious injuries,” said Greg Baxter, OSHA regional administrator in Denver.
Graham Tire Co. Fined $52,500 for Failing to Provide Functioning Safety Latches on Auto Lifts
OSHA cited Graham Tire Co., in Grand Island, Nebraska, for alleged violations of the Occupational Safety and Health Act following the investigation of a complaint. Proposed penalties total $52,500.
“Our inspection identified safety hazards that must be addressed,” said Charles Adkins, OSHA’s regional administrator in Kansas City, Missouri. “It is imperative that employers take the necessary steps to eliminate hazards and provide a safe working environment for all of their employees.”
OSHA’s investigation, initiated in March, found one alleged repeat, one serious, and two other-than-serious violations of the OSH Act.
The repeat violation is for failing to provide functioning safety latches on the hydraulic automobile lifts at the facility. A repeat violation is issued when an employer previously was cited for the same or similar violation of any standard, regulation, rule or order at any other facilities in federal enforcement states within the last three years.
The serious citation is for missing face plates on electrical outlets. The two other-than-serious violations are for recordkeeping and hazard communication deficiencies.
OSHA Fines U.S. Postal Service in Illinois $210,000 for Willful Safety Violations
OSHA cited the U.S. Postal Service with three alleged willful violations at its Bedford Park, Illinois, processing center. The Postal Service faces a total of $210,000 in fines, for electrical and protective equipment hazards, following an OSHA inspection conducted in response to employee complaints.
OSHA’s inspection, which began in November 2009, found that the Postal Service failed to provide required electrical safety training for its workers; to ensure workers used safety-related work practices while working on electrical equipment; and to provide workers with appropriate personal protective equipment while working on energized equipment.
“These sizable fines reflect the severity and ongoing nature of these hazards,” said Assistant Secretary of Labor for OSHA Dr. David Michaels. “The Postal Service ignored long-established safety standards and knowingly put its workers in harm’s way.”
Within the past five years, OSHA has conducted more than 900 inspections at USPS facilities across the country and has issued more than 600 citations. The Bedford Park location has more than 800 employees and has received several OSHA citations during the past four years.
OSHA Proposes $61,000 Fine for Excavation Hazards
OSHA cited The Welch Corp., a Brighton, Massachusetts, contractor, for alleged willful, serious and other-than-serious violations of safety standards at a Brighton worksite. The company faces a total of $61,650 in fines, chiefly for excavation hazards.
OSHA’s inspection found company employees working in a trench more than 8-feet deep that lacked cave-in protection and a ladder or other safe means of exit, and also had excavated spoils piled at its edge, a condition that exposed workers in the trench to crushing or struck-by hazards.
“Given these conditions, the potential for a fatal or disabling accident was real and present,” said Brenda Gordon, OSHA’s area director for Boston and southeastern Massachusetts. “While it’s fortunate that no collapse occurred, excavation safety cannot rely on good fortune. Required safeguards must be in place and in use at all times.”
As a result of its inspection, OSHA issued the company one willful citation, with a proposed fine of $49,500, for storing materials at the trench’s edge; two serious citations, with $8,550 in fines, for the lack of collapse protection and exit ladder; and four other-than-serious citations, with $3,600 in fines, for incomplete injury and illness records.
OSHA standards require that all excavation 5-feet or deeper be protected against collapse.
OSHA Notifies Minneapolis Veterans Affairs Medical Center of Safety Violations
OSHA has notified officials at the Minneapolis Veterans Affairs Medical Center that a recent inspection found 32 serious, four repeat, and one other-than-serious violation of federal workplace safety and health standards.
OSHA began its safety and health inspection at the hospital in September 2009 as a planned inspection under its targeting inspection program, designed to focus on federal worksites experiencing a high number of lost time work-related injury and illness cases.
Serious violations identified involve electrical hazards, safety guarding of machines to prevent amputation or other injuries when workers are pulled into moving machine parts, improper storage of fuel and oxygen, compliance with requirements for controlling bloodborne pathogens, and confined space entry, among others.
Repeat violations are based on a previous inspection at a Veterans Affairs facility in Madison, Wisconsin, where similar electrical hazards and inadequate hazardous energy control procedures were identified.
“Workers in the VA hospitals around the country accept responsibility for providing care to those Americans who risked their lives serving our country,” said OSHA Area Director Mark Hysell in Eau Claire, Wisconsin. “It is imperative that VA management see to it that these workers are protected against injuries as they pursue that admirable task.”
Because the medical center is a federal employer, no fines are being assessed. However, if penalties were permissible, they would total $171,000.
OSHA Cites Fore Machine Co. for Failing to Protect Workers from Lead Exposure
OSHA has cited Fore Machine Co., in Grapevine, Texas, with one alleged willful and 10 alleged serious violations for failing to protect employees when working with lead. Proposed penalties total $72,750.
“Exposure to high levels of lead can produce toxic conditions to organs and tissues in the body,” said Zachary Barnett, OSHA’s area director in Fort Worth, Texas. “OSHA’s standards must be followed to avoid illness and injury, and employees must be informed of those standards.”
OSHA’s Fort Worth Area Office began its inspection December15, 2009, at the company’s facility at 5912 Eden Drive in Haltom City following a complaint that employees working with lead had been diagnosed with elevated blood lead levels. OSHA cited the employer with one willful violation for failing to conduct an initial determination for employees exposed to lead.
Serious violations include failing to implement an adequate respiratory protection program, to provide respiratory protection, to conduct proper fit testing, to provide medical evaluations for employees required to wear a respirator and to provide training on the use of respirators.
OSHA Cites Mobile Home Park for Exposing Workers to Trenching Hazards
Proposed penalties total $50,250.
OSHA’s Corpus Christi Area Office began its investigation on March 25 at the mobile park’s location on Stone Street and found two alleged willful workplace safety violations for failing to follow a competent person’s recommendations and to provide workers with adequate protection from a possible trench cave-in.
Serious citations included failing to provide workers with egress when working in a trench that is 5-feet deep, failing to provide personal protective equipment, failing to provide eyewash in the use of corrosive chemicals, and failing to ensure workers are trained on excavation hazards.
“OSHA has standards to prevent trenching accidents, and they must be followed to prevent injuries or fatalities,” said Michael Rivera, OSHA’s area director in Corpus Christi.
OSHA Cites Tortilla Factory with Penalties of $123,200
OSHA cited Lobo Tortilla Factory Inc., with one alleged willful, 22 alleged serious, and two alleged other-than-serious violations following a safety and health inspection at the company’s worksite in Dallas. Penalties total $123,200.
“In the last three years, at least seven workers have sustained injuries while performing maintenance work at this facility,” said Stephen Boyd, OSHA’s area director in Dallas. “This company clearly knew its responsibility under the Occupational Safety and Health Act but continued to jeopardize the safety of its workers.”
OSHA’s Dallas Area Office began its inspection November 17, 2009, at 777 Hines Place after receiving a complaint alleging employees were being exposed to safety hazards. A willful violation has been issued for failing to protect workers from the unexpected release of energy while servicing and maintaining equipment.
Serious violations included failing to protect workers from being struck by falling objects, failing to ensure workers were adequately protected from exposure to corrosive chemicals, failing to provide training in the use of a forklift truck, and failing to properly install and maintain electrical equipment. The health inspection has resulted in six serious violations that include failing to ensure workers were not exposed to noise levels at or above 85 decimals and to adequately protect employees from exposure to hazardous chemicals such as formaldehyde.
Other-than-serious violations have been cited for failing to maintain occupational injury and illness logs in 2005 and 2006. 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.
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