Top 10 Most Frequently Cited OSHA Standards

Michaels was joined in the October 5 keynote address by National Institute of Occupational Safety and Health (NIOSH) Director John Howard.

Michaels told the audience of about 10,000 safety and health professionals and industrial hygienists that OSHA and NIOSH believe the key to worker safety and health is focusing on prevention and shifting the burden of worker protection to employers. Michaels also explained how OSHA is achieving the Administration’s goal of a more transparent and responsive government by using the Internet and social networking technology. These tools allow OSHA to provide information about the agency’s activities and invite workers, employers, and the public to provide their perspective on worker safety and health concerns. He gave the example of OSHA’s recent online Web forum to seek stakeholder input in identifying hazardous chemicals for which OSHA should develop exposure reduction strategies. Michaels encouraged workers, employers, safety associations and trade organizations to share their ideas with OSHA so the agency can pursue effective rulemaking and bring about a fundamental change in the safety culture of America’s workplaces.

• Scaffolding
• Fall Protection
• Hazard Communication
• Respiratory Protection
• Ladders
• Lockout/Tagout
• Electrical—Wiring Methods
• Powered Industrial Trucks
• Electrical—General Requirements
• Machine Guarding

Advertising Opportunities Available

Environmental Resource Center is making a limited number of advertising positions available in the Safety Tip of the Week™, the Environmental Tip of the Week™, and the Reg of the Day™. 

Chemical Abstracts Service Web Site on Common Chemicals

The new Website provides non-chemists and others with useful information about everyday chemicals by searching either a chemical name or a corresponding CAS Registry Number. The site includes about 7,800 chemicals of general interest as well as all 118 elements from the Periodic Table, providing alternative names, molecular structures, a Wikipedia link, and other information.

California Expands Proposition 65 Carcinogen List

At a September 21 meeting of California’s Proposition 65 Carcinogen Identification Committee (CIC), the Committee recommended the listing of 1,3-dichloro-2-propanol (1,3-DCP) and 3-monochloropropane-1,2-diol (3-MCPD) as known to the state cause cancer. The Committee also provided advice concerning the relative priority of 27 chemicals for possible hazard identification material preparation. Following is a summary of that meeting.

Following a staff presentation, comments from the public and committee discussion, the CIC determined that both 1,3-DCP and 3.MCPD have been clearly shown to cause cancer; and therefore were added to the Proposition 65 chemical list effective October 8, 2010.

The CIC also recommended that 6 of the 27 chemicals referred to them for advice and consultation be placed in the high priority group, 12 chemicals be placed in the medium priority group, and the remaining 9 be placed in the low priority group (see table below).

OSHA Increases Enforcement against Serious Safety and Health Violators

From October 2009 to September 2010, OSHA issued citations in 164 significant cases where penalties reached $100,000 or more. OSHA found conditions warranting use of its egregious citation policy in 20 of these inspections. In a so-called egregious case, an employer is cited on a per-instance basis under the same standard rather than grouping similar violations for penalty purposes. The result is a considerably higher penalty intended to serve as a deterrent. Egregious treatment is often used when an employer exhibits deliberately violative conduct or indifference to employee safety and health or the law. Many of these cases spring from inspections of tragic worker fatalities, worksite catastrophes (e.g., explosions or chemical releases) or worker injuries or illnesses. This number of significant and egregious cases is more than OSHA issued during any similar period in the last decade. 

The increase in significant and egregious cases demonstrates OSHA’s commitment to aggressively enforcing its standards when employers show indifference to protecting the safety, health, and lives of their workers. The increase results from better inspection targeting, more follow-up inspections, and the addition of more compliance officers. In addition, inspectors are issuing a higher percentage of citations for violations that seriously endanger workers or show an employer’s willful disregard for their safety. 

President Signs Bill that Allows Take-Back Programs to Collect and Destroy the Controlled Drugs

The law provides for safe and responsible ways to dispose of unused controlled substances.

“Prescription drug abuse is a serious issue, especially among young people, and expanding take-back programs is key to combating this abuse,” Klobuchar said. “Previously consumers had few options when they wanted to get rid of expired, unused, or unwanted prescription drugs, but now the Secure and Responsible Drug Disposal Act will enable people to safely dispose of their unused drugs and reduce the chance that they will fall into the wrong hands.”

“I am pleased that the President signed the Secure and Responsible Drug Disposal Act into law. The Responsible Drug Disposal Act is a common-sense, cost-free piece of legislation that empowers states and private entities to institute responsible drug take-back programs—something that federal law currently prohibits. The effects of this law will be significant and substantial; reducing the likelihood that unused medication will be diverted by drug abusers. More importantly, it helps states and private entities protect American families from harmful substances that can be flushed into our water system,” Cornyn said.

The Secure and Responsible Drug Disposal Act of 2010 permits individuals and long-term care facilities to deliver the most dangerous prescription drugs to law enforcement officials and other authorized individuals for safe disposal. The new law also promotes the development and expansion of take-back programs.

Up to 17% of prescribed medication goes unused, and if improperly disposed, may contribute to drug diversion and environmental problems. Teenagers now abuse prescription drugs more than any other illegal drug except for marijuana, and the majority of teens who abuse these drugs get them for free, usually from friends and relatives and often without their knowledge.

OSHA Transforming to Meet Future Challenges

This letter also encourages input from stakeholders outside the agency on how to make OSHA stronger and more effective. These stakeholders include employers, workers, unions, public health professionals and scientists, federal and state agencies, trade associations, community and faith-based organizations, and educational institutions.

“Successfully transforming OSHA will require the efforts of more than just the staff at OSHA—we will need the help of the entire occupational safety and health community,” said Michaels. “We must all work together to prevent job-related injuries, illnesses and deaths.”

In that document, Michaels discussed the need to transform OSHA, focusing on nine key areas. These areas are stronger enforcement, ensuring workers have a voice, refocusing and strengthening compliance assistance programs, changing workplace culture, developing innovative approaches to addressing hazards, improving and modernizing workplace injury and illness tracking, strengthening OSHA’s use of science, strengthening State OSHA Plans, and keeping the public informed about OSHA activities.

OSHA Reiterates Commitment to Creating and Enforcing Standards that Save Lives

OSHA Assistant Secretary David Michaels told the audience at a United Steelworkers (USW) Health, Safety, and Environment Conference in Pittsburgh that OSHA is returning to basics to protect the safety and health of workers on the job. I. He said OSHA is examining whether employers are merely concentrating on compliance, or taking steps to improve overall performance, reduce risk, and make prevention part of daily operations.

Michaels also stressed the need to expand OSHA’s enforcement powers and penalty amounts through legislative reform such as the Protecting America’s Workers Act and the Miner Safety and Health Act of 2010 now under consideration in Congress. Michaels told the audience about cases in Pennsylvania during the last three years in which OSHA investigated the burn fatalities of two USW workers at a plant in Clairton and discovered nearly 300 workers exposed to potentially life-threatening hazards at a foundry in Bridgeville. OSHA was only able to fine the first company $241,000 and the second one $88,500.

Michaels acknowledged that stronger enforcement and higher penalties “won’t restore to grieving families all the workers who die on the job every year.” But he said, “Citing bad employers and making those citations stick will send a clear message to employers that deaths on the job are not acceptable—ever—and that OSHA is making its presence felt where we are needed most.”

Secretary of Labor Hilda L. Solis to Establish Charter on Construction Safety and Health Advisory Committee

The group advises the secretary on formulating safety and health standards and policies that affect construction workers and the construction industry. The charter will expire in two years.

“Since OSHA’s inception, ACCSH has played an important role in furthering the safety and health of workers in the construction industry,” said Assistant Secretary of Labor for OSHA Dr. David Michaels. “The members’ advice and recommendations are extremely valuable to the agency because they have a wealth of knowledge and real-world experience on a wide range of construction trades, activities and issues.”

Established in 1969 as a continuing advisory committee under the Contract Work Hours and Safety Standards Act, commonly known as the Construction Safety Act, ACCSH is comprised of 15 members appointed by the secretary. The advisory committee consists of five representatives of employers in the construction industry, five representatives who present the viewpoint of employees in the construction industry who are generally from various building trades unions, two public representatives, two representatives of state safety and health agencies, and one from the National Institute of Occupational Health. The members generally serve staggered two-year terms and may be reappointed.

As part of its advisory role, ACCSH provides comments and recommendations on OSHA proposed rules affecting the construction industry. In addition, the committee provides other recommendations and develops various work products such as quick cards and fact sheets for OSHA’s consideration. Currently, ACCSH also has a number of active work groups focusing on areas including women/diversity in construction, education and training, green jobs, multilingual issues in construction, power fastening tools such as nail guns, prevention by design, residential fall protection, and silica and other construction health hazards. The meetings of ACCSH and its work groups are open to the public.

Dal-Tile Corp and U.S. Gypsum Earn OSHA VPP Stars

OSHA has certified Dal-Tile Corp. in Gettysburg, Pennsylvania, as a Star site, the highest honor in its Voluntary Protection Programs (VPP). Deputy Regional Administrator Ed Selker and Harrisburg Area Office Director Kevin Kilp attended the ceremony held at the company’s Gettysburg office and presented the company with its plaque and flag. The company has 189 employees and manufactures ceramic wall and floor tile.

“Dal-Tile demonstrated its commitment to ensuring the safety and health of its employees by maintaining an injury and illness rate 52% below comparable industry rates,” said Selker.

OSHA also certified U.S. Gypsum Co. in Weirton, Pennsylvania, as a VPP Star site. OSHA Deputy Regional Administrator Ed Selker attended the ceremony held at the company’s Weirton office and presented the company with a plaque and flag. The company manufactures and distributes drywall products.

“U.S. Gypsum’s exemplary effort to maintain a safe and healthy work environment for employees makes it most deserving of this honor,” said Selker.

The Voluntary Protection Programs recognize employers and workers in the private industry and federal agencies who have implemented effective safety and health management systems and maintain injury and illness rates below national Bureau of Labor Statistics averages for their respective industries. In VPP, management, labor, and OSHA work cooperatively and proactively to prevent fatalities, injuries, and illnesses through a system focused on: hazard prevention and control; worksite analysis; training; and management commitment and worker involvement. To participate, employers must submit an application to OSHA and undergo a rigorous onsite evaluation by a team of safety and health professionals. Union support is required for applicants represented by a bargaining unit. VPP participants are re-evaluated every three to five years to remain in the programs. VPP participants are exempt from OSHA programmed inspections while they maintain their VPP status.

Audit Finds that Reducing OSHA Penalties Doesn’t Necessarily Speed Hazard Abatement

OSHA’s use of penalty assessments and the impact on workplace safety and health have been subjects of the Department of Labor’s Office of Inspector General (OIG) and U.S. General Accountability Office (GAO) reports since September 1987. As recently as August 2004, GAO reported that OSHA had not effectively evaluated its penalty assessments.

In setting penalty amounts, OSHA is required to consider the seriousness of violations, as well as employer’s size, good faith, and history. While penalty reductions are not mandated, OSHA’s policies are intended to encompass the general character of an employer’s safety and health performance and use significant penalty reductions to provide incentives for employers to abate workplace violations voluntarily. In total, penalty reductions can be as much as 100%.

For inspections OSHA conducted between July 2007 and June 2009, 98% of citations received penalty reductions, with reductions totaling $351 million. A driving factor for reducing penalties was the employer’s right to contest an inspection, which could delay abatement and continue to expose employees to hazards. Officials maintained that reduced penalties would lead to quicker and more comprehensive abatement. By effectively using penalty reductions, OSHA could potentially reduce the risk of future injuries, illnesses, and fatalities. Small employers received the largest reductions (78%), but generally had the worst safety and health history—more inspections, more fatalities, and more high-gravity serious (likely to cause death) and repeat violations.

OSHA did not always consider an employer’s overall safety and health performance when reducing penalties, in part because its information system cannot effectively track violations company-wide. OIG found 4,791 employers with a history of serious violations had received penalty reductions of $86.6 million. Half of these employers received reductions of $42.6 million on subsequent inspections where a similar standard was violated indicating the employer’s hazard corrections may not have been comprehensive and company-wide.

The OIG found as much as $127 million (36%) in penalty reductions may not have been appropriately granted. Specifically, reductions granted in consideration of the employers’ size resulted in what amounts to an entitlement as 98% of all citations were reduced at the maximum rate. OSHA can limit size reductions for small employers with the more serious violations, but its use of that policy was minimal and up to $91.8 million of reductions may have been granted inappropriately. Another $2.3 million of reductions exceeded limits set forth in the directives.

OSHA Area Directors did not document the justification for reductions resulting from informal settlement agreements, for an estimated 49% of reductions or $31.8 million. The OIG found that OSHA incorrectly granted history reductions of $1.1 million to employers with prior violations.

AIHA Identifies Problems with Corrosive Drywall

The document serves to identify the problems posed by corrosive drywall, as well as the role of science in understanding the resulting safety and health issues. This AIHA White Paper on the corrosive drywall problem was developed by the Corrosive Drywall Project Team comprising members of the Construction and Indoor Environmental Quality Committees and is additionally sponsored by AIHA’s Biosafety and Environmental Microbiology Committee.

Corrosive drywall (CDW) was installed in tens of thousands of individual homes as well as larger buildings as early as 2001. Most of these structures are located in, but not limited to, Florida, Louisiana, and Virginia. While some builders have remediated CDW by replacing all drywall in homes, many homeowners and builders are waiting for funding and verification of more efficient repair methods.

Medical studies evaluating the health of persons residing in CDW homes are limited. The physicians considered study findings preliminary and recommended further research. No studies are currently underway to evaluate this significant public concern.

To address the concerns regarding the use and handling of CDW, AIHA is urging immediate scientific research to address the following areas of uncertainty:

• Etiologic mechanisms for the release of sulfide gases
• Emission rates and duration
• Characterization of specific chemicals in emissions and their potential contribution to corrosion, odor, and irritation
• How emissions change over time and under varying environmental conditions
• Occupant health risks (requires clinical and epidemiologic study)
• Operational implications of electrical and mechanical components with and without blackening
• Worker exposure during CDW demolition and cleanup

OSHA Issues Notices of Unsafe Working Conditions at Fort Riley

OSHA issued notices of unsafe and unhealthful working conditions to the U.S. Army Garrison, Directorate of Public Works, in Fort Riley, Kansas, for one willful and 18 serious violations.

OSHA’s inspection was initiated in March under its Process Safety Management Covered Chemical Facilities National Emphasis Program, which focuses on preventing the release of any substance defined as a highly hazardous chemical.

“Workers at the water treatment plant were routinely exposed to hazards that involved a potentially catastrophic release of chlorine,” said Charles E. Adkins, OSHA’s regional administrator in Kansas City, Missouri. “It is imperative that this employer take the necessary steps to eliminate hazards from the workplace.”

The willful violation addresses hazards associated with the routine use of 5-minute emergency escape breathing apparatus instead of self-contained breathing apparatus or supplied air respirators while operators changed chlorine cylinders. OSHA issues a willful violation when an employer exhibits plain indifference to or intentional disregard for employee safety and health.

The serious violations address hazards associated with process safety management, including a lack of process safety information, inadequate operating procedures, a lack of operator training, a lack of contractor evaluation, inadequate mechanical integrity procedures, a lack of management of change documentation and a lack of compliance audit findings. Additional serious violations include a lack of a medical evaluation for respiratory protection and a lack of an eye/shower station in the chlorine building. OSHA issues a serious citation when death or serious physical harm is likely to result from a hazard about which an employer knew or should have known.

Under Executive Order 12196, federal agencies must comply with the same safety standards as private sector employers covered under the Occupational Safety and Health Act. The federal agency equivalent to a private sector citation is the notice of unsafe and unhealthful working conditions, commonly called “the notice.” The OSHA notice is used to inform establishment officials of violations of OSHA standards, alternate standards and 29 Code of Federal Regulations-citable program elements. OSHA cannot propose monetary penalties against another federal agency for failure to comply with OSHA standards.

The U.S. Army Garrison may comply with the notice, request an informal conference with OSHA’s area director in Wichita or request a hearing with the regional administrator in Kansas City, Missouri.

OSHA Cites Two Wood Product Companies for Combustible Dust and Safety Hazards

OSHA cited two separate wood product companies in Superior, Montana, for exposing workers to a variety of safety and health hazards. Eureka Pellet Mill’s proposed fines total $58,500 and Mountain West Products LLC’s proposed fines total $42,500.

“The workers were not protected from a potential dust explosion hazard that can happen when dust accumulates and safety regulations are ignored,” said Greg Baxter, OSHA’s regional administrator in Denver, Colorado. “It is imperative that employers take the necessary steps to eliminate these types of hazards from the workplace.”

OSHA cited the Eureka Pellet Mill with 21 alleged serious safety citations including failing to ensure that moving parts on equipment were adequately guarded, exposing workers to fall hazards, improper electrical wiring, poor housekeeping, and blocked emergency doors. Health citations are for exposing workers to combustible dust, failing to implement a respiratory protection program, and failing to clean airborne contaminants in a way that doesn’t release them into the atmosphere to create an explosive hazard.

Mountain West Products LLC was cited for two alleged repeat violations including exposing workers to a fall hazard and failing to ensure that moving parts on equipment were adequately guarded. A repeat violation is issued when an employer has been previously cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in a federal enforcement state within the last five years.

OSHA Cites Tactical Cleaning Co. Following Worker Death

OSHA cited Tactical Cleaning Co. in Commerce City, Colorado, for 12 alleged serious violations at its tank cleaning facility for exposing a worker to a flash fire while working in a confined space with flammable materials. The worker sustained significant burns and died later from his injuries.

“The dangers of entering confined spaces that contain flammable vapors are well known to this industry,” said Greg Baxter, OSHA’s regional administrator in Denver. “For the safety of all their workers, employers must be vigilant when workers enter confined spaces, and take effective and specific protective action.”

OSHA’s April inspection found that the employer was not implementing a comprehensive permit-required confined space program while workers entered confined spaces to perform tank cleaning activities. As a result of these conditions, OSHA has cited the company for failure to follow permit-required confined space procedures; failure to test conditions in confined space before entry; failure to complete entry permits properly; failure to evaluate the confined space; failure to provide employees with adequate training; failure to evaluate rescue services for employees entering confined spaces; failure to provide adequate personal protective equipment; and not using proper electrical equipment in flammable atmospheres.

“Tactical Cleaning is required, like all employers who have employees entering confined spaces, to have an effective safety and health management system that identifies all hazards involved in a confined space entry,” said Herb Gibson, OSHA’s Denver Area Office director. “All safety and health aspects of confined space entries must be thoroughly evaluated prior to entry.”

Barringer Brothers Roofing Fined $106,400 for Fall Protection and Training Violations

OSHA cited Barringer Brothers Roofing Inc., a residential roofing contractor in Belleville, Illinois, for violations in connection with fall hazards. Proposed penalties total $106,400.

“By not complying with fall protection and required training even after repeated OSHA inspections, Barringer Brothers Roofing has shown a blatant disregard for the safety of its workers,” said OSHA Area Director Nick Walters. “OSHA is committed to ensuring that this company provides the training and protection its employees need to safely perform their jobs. These citations and penalties should send the message that we are serious.”

OSHA has issued the company three willful citations, for a lack of fall protection on a residential construction site. Those citations carry proposed penalties of $84,000. The inspections were conducted at various jobsites in April and June.

The company also has been issued six serious citations with penalties totaling $16,800. Three citations were issued for not having an accident prevention program. Another three serious citations were issued for not providing a fall hazards training program.

Barringer Brothers Roofing also received a repeat violation with a penalty of $5,600, for lack of a grasping handle and/or not having a ladder extended at least three feet above the roofing work site. OSHA issues repeat violations if an employer previously was cited for the same or a similar violation of any standard, regulation, rule or order at any other facility in federal enforcement states within the last three years.

OSHA Cites Swain Construction $118,350 for Failing to Train Workers on Heavy Equipment and Other Hazards

OSHA has cited Swain Construction in Omaha, Nebraska, with one alleged willful and 14 alleged serious violations for failing to train workers on heavy equipment and other hazards. Proposed penalties total $118,350.

OSHA’s inspection began in April following the report of an incident involving a skid steer loader that seriously injured a worker.

“Employees cannot be expected to work in an environment where deficient or damaged machinery is being operated,” said Charles Adkins, OSHA’s regional administrator in Kansas City, Missouri. “The workers operating machinery must have the necessary training in safe operation before climbing into a piece of heavy machinery.”

The willful violation stems from the company’s failure to adequately train the operators of heavy equipment in the proper and safe operation of the equipment.

The serious violations stem from failure to tag or remove from use unsafe equipment or machinery; absent or deficient guardrail or stair rail systems; deficiencies in the lockout/tagout of potentially hazardous energy sources; inadequate or missing machine guarding; equipment used for compressed air in disrepair; unlabeled and unguarded electric wiring; absence of hazard communication; lack of jobsite inspections; and failure to ensure that personal protective equipment was used.

OSHA Cites Metal Recycler $188,500 for Exposing Workers to Lead and Other Workplace Hazards

OSHA issued citations to Simsmetal East LLC, doing business as Sims Metal Management, for exposing workers to lead hazards at its Claremont Terminal site in Jersey City. Proposed penalties total $188,500.

“Simsmetal East knowingly put its workers at risk by failing to protect them from overexposure to lead, which can cause brain damage, paralysis, kidney disease and even death,” said Kris Hoffman, director of OSHA’s Parsippany Area Office in New Jersey. “OSHA is fully committed to holding this company legally accountable for its blatant disregard of federal law.”

Following its investigations, OSHA cited the company for three willful violations with a penalty of $165,000 for allegedly failing to fit-test workers using tight-fitting, face-piece respirators prior to initial use of the respirator; make an initial determination if workers were exposed to unhealthy levels of airborne lead; and ensure all surfaces were maintained free of lead accumulations.

The company was cited for 10 serious violations with a penalty of $23,500 for allegedly overexposing workers to lead; failing to fully implement a respiratory protection program; dry sweeping lead containing dust; failing to provide a clean change room, lunchroom facility and separate storage facilities for work clothes; and failing to provide a closed container in which to place lead-contaminated protective clothing.

Additional serious citations allege electrical equipment exposed to physical damage; conductors not protected from abrasion; an electrical cord missing a ground pin, which intentionally directs circuits toward the ground to prevent electrical shock, injury or death; lack of strain relief, which prevents damage on cords in use; and lack of visual inspection and hazards associated with safely exiting the facility.

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