The revised standard requires that employers ensure that in-plant transfer, handling, storage, and use of acetylene cylinders comply with Compressed Gas Association Pamphlet G-1-2003, Acetylene. Piping systems, as well as facilities and equipment, used to generate acetylene or to fill acetylene cylinders are required to comply with National Fire Protection Standard NFPA 51A, Standard for Acetylene Charging Plants.
“This final rule improves OSHA’s acetylene standards in providing safe workplaces for workers by incorporating current technology and safe industry work practices,” said acting Assistant Secretary of Labor for OSHA, Jordan Barab. “The rule will better enable employers to fulfill their responsibility of protecting the safety and health of their workers.”
If OSHA receives significant adverse comments within 30 days of publication, the accompanying Notice of Proposed Rulemaking will allow the agency to continue the rulemaking as a “Notice and Comment” rulemaking. If no significant adverse comments are received, the Direct Final Rule will take effect November 9, 2009. The revision, recommended by both the Compressed Gas Association and the U.S. Chemical Safety Board, is another step in updating outdated references in OSHA’s standards.
OSHA will accept public comments on the Direct Final Rule and Notice of Proposed Rulemaking until September 10, 2009.
Standup Forklift and Special Purpose Particle Accelerator Hazards are Focus of New SHIBs
OSHA Proposes Nearly $380,000 in Penalties Against Georgia Poultry Processor for Numerous Safety Violations
OSHA is proposing $379,800 in penalties against Mar-Jac Poultry Inc., of Gainsville, Georgia, for safety and health violations. The company is being cited with four willful violations with a proposed penalty of $252,000 for failing to update its hazard analysis in five year intervals as required, failing to establish specific procedures to maintain the integrity of process equipment, and failing to institute equipment and procedural changes for the ammonia refrigeration system in 2004, 2005, and 2008. Mar-Jac Poultry has also failed to perform required compliance audits for 2000, 2003, and 2007. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.
Additionally, Mar-Jac Poultry is being cited with 37 serious safety and health violations with $127,800 in proposed penalties. The safety hazards include: lack of proper machine guarding, uncovered floor holes, obstructed emergency exit routes, a lockout/tagout device not being affixed to electrical disconnect, and portable fire extinguishers not being readily available. The health violations include failing to establish a maintenance program to ensure the reliability of the ammonia refrigeration system, failing to implement noise controls, and failing to develop an emergency response plan for employees responding to ammonia emergencies. A serious citation is issued 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.
Additionally, two other-than-serious violations were found, but no penalty was assessed. OSHA issues other-than-serious citations when the violation is directly related to safety and health but unlikely to cause death or serious physical harm.
“Mar-Jac Poultry management should not wait until a serious injury or death occurs to any of its workers before making the necessary changes to its safety and health program,” said Gei-Thae Breezley, director of OSHA’s Atlanta-East Area Office. “When a company knows and continues to ignore its responsibilities OSHA will step in to protect the workers.”
OSHA Fines Texas Construction Company Nearly $145,000 for Safety Violations
OSHA has cited Houston, Texas-based Rubio Construction Inc., for 17 alleged serious and eight alleged repeat federal safety and health violations following an inspection at three of the company’s worksites in Houston and League City, Texas. The citations carry proposed penalties totaling $144,900.
“This company did not ensure that the scaffolding at each worksite was properly erected and inspected,” said Mark Briggs, OSHA’s area director for its Houston South Area Office. “Employees were exposed to fall hazards of up to 24 feet. It was fortunate that no one was injured.”
OSHA’s Houston South Area Office began its inspection on February 17 when workers were observed on scaffolding without guardrails performing masonry work at a company worksite in Houston as well as violations being found at a second Houston worksite and at a site in League City.
The serious violations include failing to develop and implement respiratory protection and hazard communication programs, protect workers from impalement hazards such as exposing workers to protruding rebar, provide personal protective equipment, fully cross-brace and have base-plates on scaffolds, inspect scaffolds and remove defective planking boards, provide adequate washing facilities for workers handling cement, and for erecting scaffolding in close proximity to overhead power lines.
Repeat violations included failing to provide guardrails on scaffolds at different working levels, provide access ladders and toe boards, and ensure all working levels were fully planked.
OSHA Fines A-1 Excavating Almost $100,000 Following Wisconsin Fatality
OSHA has cited A-1 Excavating Inc., in Bloomer, Wisconsin, with one willful and four serious violations of federal workplace safety standards and has issued a proposed penalty of $98,000 following the death of a worker.
OSHA began its investigation in April when a worker was fatally lacerated while cutting pipe in a trench at a worksite in New Richmond, Wisconsin. The willful citation was for failing to protect workers in an excavation from cave-ins.
The investigation revealed hazards cited as serious for failure to maintain equipment in a safe condition, failure to provide safe egress from a trench, failure to provide training, and the unsafe operation of equipment near or under overhead power lines.
“A-1 Excavating has been inspected at various Wisconsin worksites 33 times since 1982 and has received 44 citations,” said OSHA Area Director Mark Hysell in Eau Claire, Wisconsin. “It’s long past time that A-1 Excavating make a serious commitment to making certain their workers go home safe at the end of every shift.”
Hysell added that in February, OSHA issued this company $693,000 in penalties for 11 willful violations of federal trenching standards, which A-1 Excavating is contesting before the independent Occupational Safety and Health Review Commission.
OSHA Fines Pennsylvania Manufacturing Company $65,800 for Crane Hazards
OSHA has cited Schuylkill Products Inc., in Cressona, Pennsylvania, for alleged workplace safety and health violations, and is proposing $65,800 in penalties.
OSHA initiated an investigation on March 4 in response to a complaint. As a result of the investigation, the company received citations for one willful violation with a $56,000 penalty and two serious violations with a $9,800 penalty.
Investigators issued the willful citation after finding cranes being loaded beyond their rated load capacity during normal operations.
The serious violations were cited for overhead cranes that were not equipped with devices that would prevent the automatic restart of the crane’s motor in the event of a power failure, and for failing to perform annual crane inspections.
“The employer regularly lifted 60-107 tons of precast concrete beams with cranes ill-equipped to handle this kind of load, exposing workers to a variety of hazards,” said Mark Stelmack, area director of OSHA’s Wilkes-Barre office.
Schuylkill Products Inc., is a precast concrete manufacturer that employs about 125 workers.
Local Emphasis Program Aimed at Oil and Gas Well Operations Results in $54,600 Fine for Union Drilling Inc., in Pennsylvania
OSHA has cited Union Drilling Inc., for alleged workplace safety and health violations found at a New Salem, Pennsylvania, worksite. Proposed penalties total $54,600.
OSHA initiated its investigation on May 18 as part of its local emphasis program on oil and gas well operations. As a result of the investigation, the company has been cited with one repeat citation with a penalty of $28,100, one serious citation with a $26,500 penalty, and one other-than-serious citation which carries no penalty.
The repeat citation contains five repeat violations including the company’s failure to install a guardrail to prevent falls; failure to provide eyewash and a deluge shower for emergencies when employees were working with a corrosive material; failure to provide a fully charged, mounted fire extinguisher; and for storing oxygen cylinders with combustible materials.
The serious citation contains 10 serious violations including: improper hook/sling assembly, poor housekeeping, unsecured guardrails, no emergency action plan at the site, lack of safety glasses and impervious gloves, no potable water on site, defective slings, improper use and storage of oxygen and acetylene cylinders, and no hazard communication training for employees on site.
The other-than-serious citation contains two violations for failing to provide safety instruction signs and training first aid personnel.
“This company previously was cited by OSHA for the same violations at a different worksite,” said Robert Szymanski, area director of OSHA’s office in Pittsburgh. “Complete disregard of OSHA regulations and unnecessarily exposing workers to risky hazards will not be tolerated.”
Sinton Dairy Foods Fined More than $50,000 for Alleged Safety and Health Violations
OSHA has cited Sinton Dairy Foods Co. LLC, in Colorado Springs, Colorado, for one alleged willful and four alleged serious violations of federal health and safety standards and has proposed $50,575 in penalties.
“This employer failed to implement basic safety and health protections that are well known in this industry,” said John Healy, OSHA’s area director in Englewood. “Facilities which use dangerous quantities of hazardous chemicals are required to protect against catastrophic releases.”
The alleged willful violation involves failure to follow an established preventive maintenance program for an anhydrous ammonia refrigeration system.
The alleged serious violations address electrical hazards as well as operating and mechanical integrity procedures for ammonia systems.
OSHA Cites Omaha Transport Service Company Following Worksite Fatality
OSHA has cited Wynne Transport Service Inc., of Omaha, Nebraska, for alleged violations of the Occupational Safety and Health Act. OSHA cited the company following an investigation into a fatal accident June 12 near Endicott, Nebraska, where an employee was preparing to pump a load of liquid asphalt for road construction from one parked truck to another. The employee was killed when one of the trucks unexpectedly rolled into the other, pinning the employee between the two trucks.
“This workplace accident was senseless and completely preventable,” said Charles Adkins, OSHA’s regional administrator in Kansas City, Missouri. “Employers must ensure they provide the necessary equipment and training for their workers to prevent accidents like this from occurring.”
OSHA inspectors found one alleged serious and one alleged other-than-serious violation of the OSH Act. The serious violation is for failing to set the vehicle’s parking brake and chock the wheels.
The other-than-serious violation relates to the employer’s failure to report the accident within eight hours.
The violations carry $9,100 in proposed penalties against the company.
Nevada Tree Nursery Fined for Violations of Pesticide Worker Safety Laws
EPA fines Nevada-based Ornamental tree nursery for allegedly misusing pesticides contrary to labeling requirements and failing to comply with federal pesticide worker safety laws.
Genoa Tree Nursery misused the pesticides Round-Up Pro, Lontrel, and Amine 4 2,4 Weedkiller during applications in May and June 2008. The company failed to comply with label directions that require it to minimize the risk of exposure by notifying workers and handlers of recent pesticide applications on particular fields, and failed to provide workers with nearest emergency medical care facility information in case of exposure. The Nevada Department of Agriculture discovered the violations during a routine inspection in June 2008. EPA fined Genoa Tree Nursery $5,440 for these three violations.
“Notifying employees about potentially harmful pesticide exposure is not just a good idea, it’s the law,” said Katherine Taylor, the EPA’s Communities and Ecosystems Division associate director for the Pacific Southwest region. “Employers of agricultural workers must ensure their employees are provided with information and protections that minimize the risk of potential exposure to pesticides—failure to do so is a serious violation.”
The Worker Protection Standard, part of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), aims to protect workers from occupational exposure to pesticides through the strict enforcement of labeling requirements. The standard contains requirements for the provision of pesticide safety training, decontamination supplies, and emergency medical assistance, as well as the notification of recent pesticide applications, the use of protective equipment, and restrictions on reentry into fields where pesticides have been applied.
Sun City Nursery Cited for Pesticide Misuse and Worker Safety Issues
EPA has fined Linden Tree Nursery, Inc., $1,760 for allegedly misusing a pesticide and failing to comply with federal pesticide worker safety regulations. In 2008, Linden Tree Nursery misused the restricted use pesticide Diazinon AG500 and failed to assure that an applicator received safety training during the previous 5 years as required by FIFRA.
“Agricultural employers must ensure that their workers are provided with information and protection to minimize the risk of exposure to pesticides,” said Katherine Taylor, Associate Director of the EPA’s Communities and Ecosystems Division for the Pacific Southwest region. “Failure to provide these necessary safeguards is considered a serious violation.”
The Arizona Department of Agriculture discovered the violations during a worker protection inspection in May 2008. During the pesticide applications, Linden Tree Nursery, Inc., failed to provide its pesticide applicators with required safety training, which under federal law constitutes a misuse of a registered pesticide. These safeguards are required by the federal Worker Protection Standard, which aims to reduce the risk of pesticide injuries to agricultural workers.
Diazinon AG500 is limited to agricultural use only and must be applied by a certified applicator or a person under the direct supervision of a certified applicator. Linden Tree Nursery’s May 2008 application of Diazinon AG500 had neither a certified applicator nor a person under the direct supervision of a certified applicator.
Illinois Seeks Approval for Public Employee-only Occupational Safety and Health Program
. The Illinois Department of Labor will administer the program that will cover more than 1 million public workers. If approved, Illinois will become the fourth state to operate a safety and health program for public employees, along with Connecticut, New Jersey, and New York. The Virgin Islands also operates a similar program.
National Association of Home Builders Offers Free Training on Scaffold and Ladder Safety
The National Association of Home Builders (NAHB) and the NAHB Research Center, an OSHA Susan Harwood Training Grant Program recipient, are offering a free seminar on scaffold and ladder safety.
Participants will learn to identify fall hazards in residential construction, establish safe work practices to prevent fall-related injuries and deaths, and understand OSHA fall protection regulations. Only employers and workers covered by the Occupational Safety and Health Act are eligible to participate.
The seminar is being offered in English and Spanish at certain locations across the United States.
VPP Site Representatives to Gather at National Conference
Nearly 3,000 safety, health and environmental professionals, workers and managers will gather at the Voluntary Protection Programs Participants’ Association’s 25th annual conference Aug. 24-27 in San Antonio. Participants will promote effective safety and health management systems and best practices in workplace safety and health. OSHA will exhibit.
QuickTips for the Cleaning Industry
Workers in the institutional and industrial cleaning industry can face many hazards on the job such as hazardous chemicals, dangerous equipment and the physical environment where services are performed.
It also provides information on how to develop and implement a comprehensive safety and health management program for cleaning industry workers.
OSHA Teams with Odom’s Tennessee Pride to Promote Workplace Safety in the Food Processing Industry
Providing better workplace safety for employees working in the Little Rock metropolitan area is the goal of a partnership agreement between OSHA and Odom’s Tennessee Pride in Little Rock.
Odom’s Tennessee Pride, which employs about 300 workers in Little Rock and about 750 workers corporate-wide, is a food processing facility. The goal of this partnership is to improve safety and health performance through implementation of OSHA’s Safety and Health Management Systems (SHMS) and increase employee training.
OSHA’s Strategic Partnership Program is part of the agency’s ongoing efforts to improve the safety and health of employees through cooperative relationships with trade associations, labor organizations, employers and employees. More than 1.4 million employees and more than 28,000 employers across the United States have participated with OSHA in more than 580 strategic partnerships since the program began in 1998.
NIOSH Supports National Firefighter Health Week, August 17–21
NIOSH is participating as a partner in the National Volunteer Fire Council annual National Firefighter Health Week, August 17–21. National Firefighter Health Week is an initiative to educate the fire and emergency services community and the public about heart health as well as a variety of other health and wellness issues. This year’s theme is “It takes a healthy heart, mind, and body to do what you do—Keep It Strong.”