FROM: U.S. LABOR DEPARTMENT
National News
Honoring the Fallen on Workers' Memorial Day
Kathy Pierce was texting with her son Chad just hours before he died at work on a Maryland cellphone tower in Pasadena. She shared the wrenching story of his 2014 death at a Workers' Memorial Day observance April 28 at department headquarters in Washington, D.C. Jordan Barab, deputy assistant secretary for the Occupational Safety and Health Administration, reminded all of the extensive physical, personal and social costs of occupational injuries. He also unveiled an updated version of the legally required workplace safety poster. Joseph Main, assistant secretary of labor for mine safety and health, and Leonard J. Howie III, director for the Office of Workers' Compensation Programs, talked about progress their respective agencies have made to keep workers safe. AFL-CIO's Peg Seminario reflected on recent achievements in worker health and safety, and Deputy Secretary of Labor Chris Lu told those gathered: "On this day, we mourn not just for the lives lost, but also for the opportunity that is lost, the American dreams that are extinguished."
Showing posts with label OSHA. Show all posts
Showing posts with label OSHA. Show all posts
Saturday, May 2, 2015
Tuesday, April 14, 2015
FIRED DENTAL ASSISTANT TO RECEIVE $85,000 IN CASE INVOLVING DISPOSAL OF CONTAMINATED NEEDLES
FROM: U.S. LABOR DEPARTMENT
Court orders dentist to pay $85K to employee fired for safety complaint
Assistant raised dangers of used needles as Dr. N. Terry Fayad allegedly sought cost savings
BOSTON, Mass. — It began when Massachusetts dentist Dr. N. Terry Fayad changed his practice's procedure for disposing of contaminated needles. He told those in his Beverly-based office to first remove the protective caps before dropping them into sharps disposal containers, allegedly to fill the containers with more used needles and reduce the frequency and cost of their disposal.
Concerned that she and her co-workers could be exposed to needle stick injuries and the risk of infection from bloodborne pathogens such as hepatitis and HIV, a dental assistant raised the issue with Fayad. When he dismissed her concern, she filed a complaint with the U.S. Department of Labor's Occupational Safety and Health Administration. After an OSHA inspector visited on Nov. 23, 2010, Dr. Fayad fired her later that day.
A whistleblower investigation followed and, in September 2011, the Department of Labor sued Fayad in the U.S. District Court for the District of Massachusetts. In its complaint, the department charged that the dentist violated the anti-retaliation provisions of the Occupational Safety and Health Act. The suit eventually went to trial before U.S. District Judge George A. O'Toole.
Judge O'Toole has ruled in favor of the department and ordered Fayad's practice, N. Terry Fayad, D.M.D., P.C., to pay the worker $51,644.80 in back wages and ordered both Fayad and the practice to pay her $33,450.26 in compensatory damages. The judge found that the employee's firing by Fayad shortly after OSHA began its inspection was retaliatory and a violation of section 11(c) of the OSH Act.
"This worker suffered needless financial and emotional distress because Dr. Fayad chose to disregard a clear and important principle: Employees have the right to contact OSHA and raise workplace health and safety concerns with their employer without fear of termination or retaliation," said Greg Baxter, OSHA's acting regional administrator for New England. "Employers must pay attention to this verdict. It makes it clear that there will be legal and financial consequences if you retaliate against your employees in this manner."
"The OSH Act gives employees both a right to a safe and healthy workplace, and a right to voice concerns about workplace conditions, without fear of adverse consequences," said Michael Felsen, the department's New England regional solicitor of labor. "This case demonstrates the Labor Department will pursue legal remedies aggressively when employers fire workers or try to intimidate them into silence when they assert those rights."
The court also entered an injunction against Fayad, his P.C., and their agents and employees, preventing them from violating the anti-retaliation provisions of the OSH Act, and directing the defendants to post a notice to their employees stating that they will not in any way discriminate against employees for activities protected by the Act.
The case was tried on the Secretary's behalf by Senior Trial Attorney Kelly Lawson and Trial Attorney Nathan Goldstein of the department's regional Office of the Solicitor in Boston.
OSHA's health inspection resulted in the Fayad practice being cited for violations of OSHA's bloodborne pathogen and hazard communication standards. The violations were corrected and he paid a fine of $11,000 in 2012.
OSHA enforces the whistleblower provisions of the OSH Act and 21 other statutes protecting employees who report violations of various airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health care reform, nuclear, pipeline, worker safety, public transportation agency, maritime and securities laws.
Employers are prohibited from retaliating against employees who raise various protected concerns or provide protected information to the employer or to the government. Employees who believe that they suffered retaliation for engaging in protected conduct may file a complaint with the secretary of labor to request an investigation by OSHA's Whistleblower Protection Program.
Court orders dentist to pay $85K to employee fired for safety complaint
Assistant raised dangers of used needles as Dr. N. Terry Fayad allegedly sought cost savings
BOSTON, Mass. — It began when Massachusetts dentist Dr. N. Terry Fayad changed his practice's procedure for disposing of contaminated needles. He told those in his Beverly-based office to first remove the protective caps before dropping them into sharps disposal containers, allegedly to fill the containers with more used needles and reduce the frequency and cost of their disposal.
Concerned that she and her co-workers could be exposed to needle stick injuries and the risk of infection from bloodborne pathogens such as hepatitis and HIV, a dental assistant raised the issue with Fayad. When he dismissed her concern, she filed a complaint with the U.S. Department of Labor's Occupational Safety and Health Administration. After an OSHA inspector visited on Nov. 23, 2010, Dr. Fayad fired her later that day.
A whistleblower investigation followed and, in September 2011, the Department of Labor sued Fayad in the U.S. District Court for the District of Massachusetts. In its complaint, the department charged that the dentist violated the anti-retaliation provisions of the Occupational Safety and Health Act. The suit eventually went to trial before U.S. District Judge George A. O'Toole.
Judge O'Toole has ruled in favor of the department and ordered Fayad's practice, N. Terry Fayad, D.M.D., P.C., to pay the worker $51,644.80 in back wages and ordered both Fayad and the practice to pay her $33,450.26 in compensatory damages. The judge found that the employee's firing by Fayad shortly after OSHA began its inspection was retaliatory and a violation of section 11(c) of the OSH Act.
"This worker suffered needless financial and emotional distress because Dr. Fayad chose to disregard a clear and important principle: Employees have the right to contact OSHA and raise workplace health and safety concerns with their employer without fear of termination or retaliation," said Greg Baxter, OSHA's acting regional administrator for New England. "Employers must pay attention to this verdict. It makes it clear that there will be legal and financial consequences if you retaliate against your employees in this manner."
"The OSH Act gives employees both a right to a safe and healthy workplace, and a right to voice concerns about workplace conditions, without fear of adverse consequences," said Michael Felsen, the department's New England regional solicitor of labor. "This case demonstrates the Labor Department will pursue legal remedies aggressively when employers fire workers or try to intimidate them into silence when they assert those rights."
The court also entered an injunction against Fayad, his P.C., and their agents and employees, preventing them from violating the anti-retaliation provisions of the OSH Act, and directing the defendants to post a notice to their employees stating that they will not in any way discriminate against employees for activities protected by the Act.
The case was tried on the Secretary's behalf by Senior Trial Attorney Kelly Lawson and Trial Attorney Nathan Goldstein of the department's regional Office of the Solicitor in Boston.
OSHA's health inspection resulted in the Fayad practice being cited for violations of OSHA's bloodborne pathogen and hazard communication standards. The violations were corrected and he paid a fine of $11,000 in 2012.
OSHA enforces the whistleblower provisions of the OSH Act and 21 other statutes protecting employees who report violations of various airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health care reform, nuclear, pipeline, worker safety, public transportation agency, maritime and securities laws.
Employers are prohibited from retaliating against employees who raise various protected concerns or provide protected information to the employer or to the government. Employees who believe that they suffered retaliation for engaging in protected conduct may file a complaint with the secretary of labor to request an investigation by OSHA's Whistleblower Protection Program.
Friday, April 3, 2015
MANUFACTURER FACES $294,000 IN OSHA VIOLATIONS FOR FAILING TO TRAIN WORKERS IN SAFETY PROCEDURES
FROM: U.S. JUSTICE DEPARTMENT
Edsal Manufacturing repeatedly allows safety hazards, faces more than $294K in fines
Citations for staffing company for failing to train temporary workers in safety procedures
CHICAGO — Left unguarded, dangerous machines with moving parts cause hundreds of thousands of workers to suffer finger, hand or foot amputations and other serious injuries each year in the United States. Despite these dangers, one Chicago-based manufacturer has repeatedly ignored the risks and has been found in violation of safety and health standards four times in the last five years.
Edsal Manufacturing Co. was inspected again in September 2014 by U.S. Department of Labor Occupational Safety and Health Administration investigators and cited for five repeated and 16 serious safety and health violations, including electrical hazards and failing to train workers in forklift operations and machine hazards. Edsal faces proposed penalties of $294,300 and has been placed in OSHA's Severe Violator Enforcement Program.
"When a machine lacks safety features, one slip and a worker can lose a hand," said Kathy Webb, area director of OSHA's Calumet City office. "With stakes this high, Edsal Manufacturing must ensure the safety and health of its 1,200 employees. This company has shown, time and time again, it does not take worker safety seriously. That attitude needs to change."
Responding to a complaint, agency investigators saw workers endangered by machine hazards. While operating mechanical power presses, workers were exposed to unguarded foot pedals, point of operation and chains and sprockets. The inspection resulted in five repeated violations. Edsal Manufacturing was cited for similar violations at this same facility in 2010 and 2012. The company also failed to store pallets of paint properly; provide training to workers on hazardous chemicals in the workplace; maintain fire extinguishers; inspect cranes periodically for safety issues; and provide welding screens and eye protection. Electrical safety hazards and lack of training were also noted. A total of 16 serious safety and health violations were issued.
OSHA has also cited KG Payroll & Staffing Services Corp., which provides temporary labor to the plant, for failing to train workers on personnel protective equipment needed for the job and the potential hazards of chemicals used in the facility. The company has a contract with Edsal Manufacturing to provide training for any temporary workers it assigns to the plant. The Berwyn company was issued two serious safety violations with proposed penalties of $11,000.
An OSHA violation is serious if death or serious physical harm could result from a hazard an employer knew or should have known exists.
OSHA issues repeated violations if an employer was previously 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 five years.
Monday, January 12, 2015
OSHA SAYS TEENAGE WORKERS WERE NOT PROTECTED FROM HEAT HAZARDS AT PARK
FROM: U.S. LABOR DEPARTMENT
Dorney Park and Wildwater Kingdom fail to protect young workers from heat hazards and illness, OSHA finds
ALLENTOWN, Pa. — Seasonally-employed workers, mostly teen employees, hired as outdoor and food stand staff at Dorney Park and Wildwater Kingdom, were exposed to heat hazards during their summer employment, according to the U.S. Department of Labor's Occupational Safety and Health Administration. OSHA cited Cedar Fair LP, operators of the Allentown amusement park, following a June 9, 2014, investigation initiated in response to a complaint alleging that a teen worker sustained burns upon collapsing near a fryer in a food stand.
"In summer temperatures, amusement park workers face an increased risk of heat-related illness and death," said Jean Kulp, director of OSHA's Allentown Area Office. "The threat of heat stress can be reduced significantly by establishing a heat illness prevention program for indoor and outdoor workers. The program should include effective training; consistently available water and shaded breaks; a thorough review of heat illness incidents; and acclimatization."
OSHA cited one serious violation of the agency's general duty clause for Cedar Fair's failure to develop and implement procedures for protecting employees while they worked outdoors in direct sunlight and in small food stands where heat sources exist. The company faces a proposed fine of $7,000, the maximum penalty permitted for a serious violation. A serious violation occurs 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.
An additional record-keeping violation was cited, with a $2,000 penalty.
Dorney Park and Wildwater Kingdom fail to protect young workers from heat hazards and illness, OSHA finds
ALLENTOWN, Pa. — Seasonally-employed workers, mostly teen employees, hired as outdoor and food stand staff at Dorney Park and Wildwater Kingdom, were exposed to heat hazards during their summer employment, according to the U.S. Department of Labor's Occupational Safety and Health Administration. OSHA cited Cedar Fair LP, operators of the Allentown amusement park, following a June 9, 2014, investigation initiated in response to a complaint alleging that a teen worker sustained burns upon collapsing near a fryer in a food stand.
"In summer temperatures, amusement park workers face an increased risk of heat-related illness and death," said Jean Kulp, director of OSHA's Allentown Area Office. "The threat of heat stress can be reduced significantly by establishing a heat illness prevention program for indoor and outdoor workers. The program should include effective training; consistently available water and shaded breaks; a thorough review of heat illness incidents; and acclimatization."
OSHA cited one serious violation of the agency's general duty clause for Cedar Fair's failure to develop and implement procedures for protecting employees while they worked outdoors in direct sunlight and in small food stands where heat sources exist. The company faces a proposed fine of $7,000, the maximum penalty permitted for a serious violation. A serious violation occurs 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.
An additional record-keeping violation was cited, with a $2,000 penalty.
Tuesday, December 23, 2014
OSHA FINDS CRUSHED SUPERMARKET WORKER'S DEATH PREVENTABLE
FROM: U.S. DEPARTMENT OF LABOR
News Release
OSHA News Release: [12/17/2014]
Contact Name: Ted Fitzgerald or Andre Bowser
Release Number: 14-2254-NEW
Death of Brooklyn, New York, supermarket worker preventable, OSHA finds
Citations for exit access, fall, chemical hazards to Moisha’s Kosher Discount Supermarket
NEW YORK — A 22-year-old employee of Moisha's Kosher Discount Supermarket Inc. in Brooklyn was fatally crushed between a cement wall and a forklift on June 10, 2014, as employees used an electrical pallet jack to push a broken forklift up a ramp to the supermarket's roof. While doing so, the forklift rolled back down the ramp, and then pinned the worker against the wall. An inspection by the U.S. Department of Labor's Occupational Safety and Health Administration on the same day as the fatality found that his death was preventable.
OSHA determined that the broken 8,600-pound forklift weighed twice the pallet jack's maximum capacity of 4,000 pounds; the defective forklift had not been removed from service, as required; and workers had not been trained to operate the forklift or the pallet jack safely.
"The pallet jack and forklift were not used and moved correctly, which resulted in a needless, avoidable loss of a worker's life," said Kay Gee, OSHA's area director for Brooklyn, Manhattan and Queens. "Tragically, Moisha's Kosher Discount Supermarket employees were not trained to use these machines safely and could not recognize their exposure to a deadly hazard."
OSHA's powered industrial truck standard requires that employers teach workers how to operate machines properly and ensure that they understand the training. The standard also prohibits pallet jacks and forklifts from lifting or moving objects heavier than their maximum lifting capacity.
OSHA's inspection identified nine serious violations of workplace safety standards in the supermarket's warehouse. These included blocked exit aisles and passageways; missing exit signs; misuse of portable ladders and a battery charger; lack of quick drenching eyewash for employees who worked with corrosive chemicals; and lack of a chemical hazard communication plan.
A serious violation occurs 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.
"Nothing can bring this worker back to his loved ones. This employer must take immediate, effective steps to identify, minimize and eliminate hazardous conditions to avoid another senseless tragedy," said Robert Kulick, OSHA's regional administrator in New York.
Located at 315 Avenue M in Brooklyn, Moisha's Kosher Discount Supermarket faces $42,000 in fines. The company has 15 business days from receipt of its citations and proposed penalties to comply, meet with OSHA's area director, or contest the findings before the independent Occupational Safety and Health Review Commission.
News Release
OSHA News Release: [12/17/2014]
Contact Name: Ted Fitzgerald or Andre Bowser
Release Number: 14-2254-NEW
Death of Brooklyn, New York, supermarket worker preventable, OSHA finds
Citations for exit access, fall, chemical hazards to Moisha’s Kosher Discount Supermarket
NEW YORK — A 22-year-old employee of Moisha's Kosher Discount Supermarket Inc. in Brooklyn was fatally crushed between a cement wall and a forklift on June 10, 2014, as employees used an electrical pallet jack to push a broken forklift up a ramp to the supermarket's roof. While doing so, the forklift rolled back down the ramp, and then pinned the worker against the wall. An inspection by the U.S. Department of Labor's Occupational Safety and Health Administration on the same day as the fatality found that his death was preventable.
OSHA determined that the broken 8,600-pound forklift weighed twice the pallet jack's maximum capacity of 4,000 pounds; the defective forklift had not been removed from service, as required; and workers had not been trained to operate the forklift or the pallet jack safely.
"The pallet jack and forklift were not used and moved correctly, which resulted in a needless, avoidable loss of a worker's life," said Kay Gee, OSHA's area director for Brooklyn, Manhattan and Queens. "Tragically, Moisha's Kosher Discount Supermarket employees were not trained to use these machines safely and could not recognize their exposure to a deadly hazard."
OSHA's powered industrial truck standard requires that employers teach workers how to operate machines properly and ensure that they understand the training. The standard also prohibits pallet jacks and forklifts from lifting or moving objects heavier than their maximum lifting capacity.
OSHA's inspection identified nine serious violations of workplace safety standards in the supermarket's warehouse. These included blocked exit aisles and passageways; missing exit signs; misuse of portable ladders and a battery charger; lack of quick drenching eyewash for employees who worked with corrosive chemicals; and lack of a chemical hazard communication plan.
A serious violation occurs 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.
"Nothing can bring this worker back to his loved ones. This employer must take immediate, effective steps to identify, minimize and eliminate hazardous conditions to avoid another senseless tragedy," said Robert Kulick, OSHA's regional administrator in New York.
Located at 315 Avenue M in Brooklyn, Moisha's Kosher Discount Supermarket faces $42,000 in fines. The company has 15 business days from receipt of its citations and proposed penalties to comply, meet with OSHA's area director, or contest the findings before the independent Occupational Safety and Health Review Commission.
Wednesday, April 30, 2014
REPUBLIC STEEL SETTLES SAFETY AND HEALTH VIOLATION ISSUES AT FOUR PLANTS
FROM: U.S. LABOR DEPARTMENT
US Labor Department and Republic Steel reach comprehensive settlement
agreement over safety and health violations at four plants
Company to abate all hazards, implement unprecedented safeguards to prevent future injuries
CANTON, Ohio — The U.S. Department of Labor's Occupational Safety and Health Administration today announced that Republic Steel has agreed to settle alleged health and safety violations at the company's facilities in Lorain, Canton and Massillon, Ohio, as well as Blasdell, N.Y. The comprehensive settlement, in which the company agrees to abate all cited hazards and implement numerous safeguards to prevent future injuries, addresses more than 100 safety and health violations found by OSHA at the company's facilities during inspections conducted in the fall of 2013. The agreement also resolves contested citations from two previous inspections regarding a June 2013 arc flash incident at the Lorain facility and a case alleging numerous fall hazards at the company's Canton facility that OSHA issued in August of 2013.
Under the terms of the settlement agreement, Republic Steel has agreed to pay $2.4 million, and has further agreed on additional penalty amounts in the event there is a determination of substantial non-compliance with the agreement. The company has agreed to abate all safety and health hazards identified by OSHA, including willful and serious violations for failure to provide required fall protection, failure to implement lockout/tag out procedures to protect workers who service or maintain machines, and failure to provide machine guarding to protect workers from hazardous machinery.
In addition to abating the cited hazards, Republic Steel has agreed to several additional measures to improve compliance with the Occupational Safety and Health Act of 1970 and better protect its employees. Republic Steel will: hire additional safety and health staff; conduct internal safety and health inspections with representatives of the United Steelworkers; establish and implement a comprehensive safety and health management program to identify and correct hazardous working conditions; hire third-party auditors to assure that hazards are identified and improvements are made; and meet quarterly with OSHA staff to assure implementation of this agreement.
OSHA initiated the inspections last fall in response to a serious injury after an employee fell through the roof of a building at the Lorain plant. OSHA expanded its inspections to all Republic Steel's facilities under the Severe Violator Enforcement Program.
"By agreeing to the terms of this settlement, Republic Steel has demonstrated a commitment to change its culture, invest in its employees, and work with OSHA and the United Steelworkers to make significant changes at its facilities that will improve the safety and health of its workers," said U.S. Secretary of Labor Thomas E. Perez. "The Labor Department looks forward to working with Republic Steel to ensure that it lives up to its commitment to improve workplace safety."
In addition to improvements noted, Republic Steel has agreed to several key changes in the management of its safety and health program, including:
reviewing and improving plant procedures to ensure OSHA compliance with machine guarding, control of hazardous energy (lockout/tag out), fall protection, personal protective equipment and other critical safety procedures;
implementing an electronic tracking system for identifying hazards/near misses, injuries and illnesses reported by workers;
mailing a letter to workers' families detailing the company's commitment to health and safety;
providing a card to employees informing them of the right to refuse to perform work that they reasonably and in good faith believe is unsafe or unhealthful without fear of being disciplined; and providing supplemental training for all production and maintenance employees, including managers.
"The terms of this agreement to improve conditions and training are unprecedented," said Dr. David Michaels, assistant secretary of labor for OSHA. "The company has committed to supporting extensive worker participation, an important role for the joint health and safety committee, and implementation of a comprehensive safety and health program to better protect Republic Steel employees."
Saturday, February 15, 2014
MANUFACTURER CITED FOR VIOLATIONS AFTER FATALITY
FROM: U.S. LABOR DEPARTMENT
Florida manufacturer cited for willful violations following fatality
JACKSONVILLE, Fla. – In August 2013, a 32-year-old machine helper entered a large wire mesh manufacturing machine to retrieve a fallen metal bar, and he was struck and killed by a part that feeds the wire into the machine’s welding area. The light curtain that would have automatically turned the machine off before he entered the danger zone had been disabled. Proper operation of the machine’s guards, a basic Occupational Safety and Health Administration requirement, would have saved his life.
Today, following its investigation of the incident and inspection of the worksite, OSHA cited Wire Mesh Sales LLC for eight per-instance willful violations as well as a number of other repeat, serious and other-than-serious citations. Proposed penalties total $697,700. The company has been put into OSHA’s Severe Violator Enforcement Program, which focuses resources on inspecting employers who have demonstrated indifference to their legal obligations by committing willful, repeated or failure-to-abate violations.
“This was a preventable and senseless tragedy,” said U.S. Secretary of Labor Thomas E. Perez. “When employers are serious about safety, everyone benefits. Wire Mesh Sales LLC failed to properly implement OSHA safety regulations, and a worker paid the ultimate price.”
The per-instance willful citations include the employer’s failure to guard the wire mesh manufacturing machine as well as three other large machines that make wire mesh or straighten and test the wire. Additionally, the company failed to assure that four machines, including the one involved in the incident, were shut down and hazardous sources of energy were locked or tagged out prior to employees’ entering and servicing the equipment where no guards protected them from harm. The 56 employees, most of who were not native English speakers and who worked 12-hour shifts seven days per week, were exposed to serious injury or death because of these failures. OSHA proposes $560,000 in fines for the eight per-instance willful violations.
A willful violation is one committed with intentional knowing or voluntary disregard for the law’s requirements, or with plain indifference to worker safety and health.
A total of 22 serious violations allege a variety of conditions, including: a factory floor cluttered with broken pallets creating a hazard that could lead to workers tripping and falling into moving machine parts; an electrical outlet left on the ground wrapped in tape that posed a shock hazard; and a bathroom with a sink that had been clogged for months with maggots swimming in standing water. A serious violation occurs 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. Fines for the serious violations total $126,700.
Wire Mesh was also cited for a repeat violation for failing to administer an effective hearing conservation program. The company violated this standard at its Oglesby, Ill., facility in 2012. A repeat violation exists when an employer previously has been cited for the same or similar violation of a standard, regulation, rule or order at any facility in federal enforcement states within the last five years. There are $11,000 in proposed fines for the repeat violation.
Finally, the company was cited for four other-than-serious safety and health violations for failing to: mark exits, assure crane operation safety and develop an effective respirator program for employees required to wear respirators. 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 injury.
View all of the citations in this case. Wire Mesh has more than 200 employees nationwide, and recorded $60 million in revenue in 2012.
The employer has 15 business days from receipt of the citation and proposed penalties to comply, request a conference with OSHA’s area director or contest the findings before the Occupational Safety & Health Review Commission.
Florida manufacturer cited for willful violations following fatality
JACKSONVILLE, Fla. – In August 2013, a 32-year-old machine helper entered a large wire mesh manufacturing machine to retrieve a fallen metal bar, and he was struck and killed by a part that feeds the wire into the machine’s welding area. The light curtain that would have automatically turned the machine off before he entered the danger zone had been disabled. Proper operation of the machine’s guards, a basic Occupational Safety and Health Administration requirement, would have saved his life.
Today, following its investigation of the incident and inspection of the worksite, OSHA cited Wire Mesh Sales LLC for eight per-instance willful violations as well as a number of other repeat, serious and other-than-serious citations. Proposed penalties total $697,700. The company has been put into OSHA’s Severe Violator Enforcement Program, which focuses resources on inspecting employers who have demonstrated indifference to their legal obligations by committing willful, repeated or failure-to-abate violations.
“This was a preventable and senseless tragedy,” said U.S. Secretary of Labor Thomas E. Perez. “When employers are serious about safety, everyone benefits. Wire Mesh Sales LLC failed to properly implement OSHA safety regulations, and a worker paid the ultimate price.”
The per-instance willful citations include the employer’s failure to guard the wire mesh manufacturing machine as well as three other large machines that make wire mesh or straighten and test the wire. Additionally, the company failed to assure that four machines, including the one involved in the incident, were shut down and hazardous sources of energy were locked or tagged out prior to employees’ entering and servicing the equipment where no guards protected them from harm. The 56 employees, most of who were not native English speakers and who worked 12-hour shifts seven days per week, were exposed to serious injury or death because of these failures. OSHA proposes $560,000 in fines for the eight per-instance willful violations.
A willful violation is one committed with intentional knowing or voluntary disregard for the law’s requirements, or with plain indifference to worker safety and health.
A total of 22 serious violations allege a variety of conditions, including: a factory floor cluttered with broken pallets creating a hazard that could lead to workers tripping and falling into moving machine parts; an electrical outlet left on the ground wrapped in tape that posed a shock hazard; and a bathroom with a sink that had been clogged for months with maggots swimming in standing water. A serious violation occurs 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. Fines for the serious violations total $126,700.
Wire Mesh was also cited for a repeat violation for failing to administer an effective hearing conservation program. The company violated this standard at its Oglesby, Ill., facility in 2012. A repeat violation exists when an employer previously has been cited for the same or similar violation of a standard, regulation, rule or order at any facility in federal enforcement states within the last five years. There are $11,000 in proposed fines for the repeat violation.
Finally, the company was cited for four other-than-serious safety and health violations for failing to: mark exits, assure crane operation safety and develop an effective respirator program for employees required to wear respirators. 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 injury.
View all of the citations in this case. Wire Mesh has more than 200 employees nationwide, and recorded $60 million in revenue in 2012.
The employer has 15 business days from receipt of the citation and proposed penalties to comply, request a conference with OSHA’s area director or contest the findings before the Occupational Safety & Health Review Commission.
Sunday, January 12, 2014
OSHA ORDERS COMPANY TO STOP RETALIATING AGAINST TRUCK DRIVERS
FROM: LABOR DEPARTMENT
OSHA orders trucking company to stop retaliating against drivers
Portland, Ore., worker fired for not driving while ill, filed whistleblower complaint
PORTLAND, Ore. – The U.S. Department of Labor's Occupational Safety and Health Administration ordered Oak Harbor Freight Lines Inc. to compensate a worker who refused to drive in violation of safety regulations. OSHA has also ordered the trucking company, based in Auburn, Wash., to stop retaliating against workers who refuse to drive trucks while too ill or fatigued to safely operate vehicles at its facilities.
A commercial truck driver working for the company in Portland was suspended without pay indefinitely before being fired in September 2010 in retaliation for refusing to drive in violation of the Ill or Fatigued Operator Rule enforced by the Federal Motor Carrier Safety Administration. OSHA's investigation found the driver had notified the company that he was sick and taking a prescribed narcotic cough suppressant. Upon his termination, the worker filed a whistleblower complaint under the Surface Transportation Assistance Act, which protects drivers from retaliation for refusing to violate truck safety laws that protect them and the public.
"Punishing workers for exercising their right to refuse driving assignments is against the law," said David L. Mahlum, OSHA's acting regional administrator in Seattle. "A company cannot place its attendance policies ahead of the safety of its drivers and that of the public."
OSHA determined that the attendance policy of Oak Harbor Freight Lines punishes drivers by issuing them notices of "occurrences," which can result in disciplinary action or termination for failing to drive, regardless of possible safety concerns. OSHA is requiring the employer to compensate the employee for lost wages and has ordered the company to remove any occurrences from the driver's personnel file. The employer will also be required to post a notice for drivers to read and learn about their lawful rights under the STAA.
OSHA enforces the whistleblower provisions of the STAA and 21 other statutes protecting employees who report violations of various airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health-care reform, nuclear, pipeline, worker safety, public transportation agency, maritime and securities laws.
Employees who believe that they have been retaliated against for engaging in protected conduct may file a complaint with the secretary of labor to request an investigation by OSHA's Whistleblower Protection Program. Detailed information on employee whistleblower rights, including fact sheets, is available at www.whistleblowers.gov.
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.
Editor's note: The U.S. Department of Labor does not release names of employees involved in whistleblower complaints.
OSHA orders trucking company to stop retaliating against drivers
Portland, Ore., worker fired for not driving while ill, filed whistleblower complaint
PORTLAND, Ore. – The U.S. Department of Labor's Occupational Safety and Health Administration ordered Oak Harbor Freight Lines Inc. to compensate a worker who refused to drive in violation of safety regulations. OSHA has also ordered the trucking company, based in Auburn, Wash., to stop retaliating against workers who refuse to drive trucks while too ill or fatigued to safely operate vehicles at its facilities.
A commercial truck driver working for the company in Portland was suspended without pay indefinitely before being fired in September 2010 in retaliation for refusing to drive in violation of the Ill or Fatigued Operator Rule enforced by the Federal Motor Carrier Safety Administration. OSHA's investigation found the driver had notified the company that he was sick and taking a prescribed narcotic cough suppressant. Upon his termination, the worker filed a whistleblower complaint under the Surface Transportation Assistance Act, which protects drivers from retaliation for refusing to violate truck safety laws that protect them and the public.
"Punishing workers for exercising their right to refuse driving assignments is against the law," said David L. Mahlum, OSHA's acting regional administrator in Seattle. "A company cannot place its attendance policies ahead of the safety of its drivers and that of the public."
OSHA determined that the attendance policy of Oak Harbor Freight Lines punishes drivers by issuing them notices of "occurrences," which can result in disciplinary action or termination for failing to drive, regardless of possible safety concerns. OSHA is requiring the employer to compensate the employee for lost wages and has ordered the company to remove any occurrences from the driver's personnel file. The employer will also be required to post a notice for drivers to read and learn about their lawful rights under the STAA.
OSHA enforces the whistleblower provisions of the STAA and 21 other statutes protecting employees who report violations of various airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health-care reform, nuclear, pipeline, worker safety, public transportation agency, maritime and securities laws.
Employees who believe that they have been retaliated against for engaging in protected conduct may file a complaint with the secretary of labor to request an investigation by OSHA's Whistleblower Protection Program. Detailed information on employee whistleblower rights, including fact sheets, is available at www.whistleblowers.gov.
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.
Editor's note: The U.S. Department of Labor does not release names of employees involved in whistleblower complaints.
Sunday, November 17, 2013
PHILLY DEMOLITION CONTRACTOR CITED FOR VIOLATIONS RELATED TO BUILDING COLLAPSE AND FATALITIES
FROM: U.S. LABOR DEPARTMENT
Philadelphia demolition contractors cited by US Labor Department's OSHA
for willful and serious safety violations following fatal June building collapse
Contractors removed support for wall that collapsed onto the Salvation Army store
PHILADELPHIA — The U.S. Department of Labor's Occupational Safety and Health Administration today cited Griffin Campbell, doing business as Campbell Construction, and Sean Benschop, doing business as S&R Contracting, for safety violations, including three willful per-instance violations, following the June 5, 2013, building collapse that killed six people and injured 14. Campbell Construction was demolishing the four-story building known as the "Hoagie City" building adjacent to the Salvation Army Thrift Store, located at the 2100 block of Market Street in Philadelphia. S&R Contracting was operating the building's interior walls and floors.
"Campbell Construction and S&R Contracting sacrificed worker and public safety through the deliberate neglect of demolition safety fundamentals," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "This tragic incident could and should have been prevented."
OSHA found several violations of OSHA's demolition construction standards. On the three days leading up to the collapse, Campbell Construction removed critical, structural supports for the wall that collapsed. The OSHA demolition standards prohibit the removal of lateral support walls more than one story high, leaving the wall unsupported. Campbell Construction also removed parts of the lower floors prior to the removal of the upper floors, again, contrary to the OSHA standards. Campbell Construction also failed to provide an engineering survey as promised. As a result, Campbell Construction has been cited for three willful, egregious violations for each day that it left the wall without sufficient lateral support, and two willful violations alleging the failures to demolish the building from the top down and to have an engineering survey by a competent person on the possibility of collapse prior to starting the demolition. S&R Contracting has been cited for one willful violation. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health.
Additionally, Campbell Construction was cited for serious violations for the company's failures to provide: employees with hard hats when there was a possible risk of head injury; fall protection for employees working on surfaces at least six feet high; training on fall hazards; and adequate personal fall arrest systems. Campbell Construction also failed to inspect all stairs periodically and to maintain them in a clean, safe condition. S&R Contracting was cited for two serious violations for failing to protect employees from falling through holes and to provide fall hazard training. A serious violation occurs 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 if an accident were to occur.
OSHA proposed penalties of $313,000 for Campbell Construction and $84,000 for S&R Contracting. Both companies have 15 business days from receipt of the citations to comply, request an informal conference with the OSHA area director in Philadelphia, or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.
To ask questions; obtain compliance assistance; file a complaint; or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742) or the agency's Philadelphia Area Office at 215-597-4955.
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.
Philadelphia demolition contractors cited by US Labor Department's OSHA
for willful and serious safety violations following fatal June building collapse
Contractors removed support for wall that collapsed onto the Salvation Army store
PHILADELPHIA — The U.S. Department of Labor's Occupational Safety and Health Administration today cited Griffin Campbell, doing business as Campbell Construction, and Sean Benschop, doing business as S&R Contracting, for safety violations, including three willful per-instance violations, following the June 5, 2013, building collapse that killed six people and injured 14. Campbell Construction was demolishing the four-story building known as the "Hoagie City" building adjacent to the Salvation Army Thrift Store, located at the 2100 block of Market Street in Philadelphia. S&R Contracting was operating the building's interior walls and floors.
"Campbell Construction and S&R Contracting sacrificed worker and public safety through the deliberate neglect of demolition safety fundamentals," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "This tragic incident could and should have been prevented."
OSHA found several violations of OSHA's demolition construction standards. On the three days leading up to the collapse, Campbell Construction removed critical, structural supports for the wall that collapsed. The OSHA demolition standards prohibit the removal of lateral support walls more than one story high, leaving the wall unsupported. Campbell Construction also removed parts of the lower floors prior to the removal of the upper floors, again, contrary to the OSHA standards. Campbell Construction also failed to provide an engineering survey as promised. As a result, Campbell Construction has been cited for three willful, egregious violations for each day that it left the wall without sufficient lateral support, and two willful violations alleging the failures to demolish the building from the top down and to have an engineering survey by a competent person on the possibility of collapse prior to starting the demolition. S&R Contracting has been cited for one willful violation. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health.
Additionally, Campbell Construction was cited for serious violations for the company's failures to provide: employees with hard hats when there was a possible risk of head injury; fall protection for employees working on surfaces at least six feet high; training on fall hazards; and adequate personal fall arrest systems. Campbell Construction also failed to inspect all stairs periodically and to maintain them in a clean, safe condition. S&R Contracting was cited for two serious violations for failing to protect employees from falling through holes and to provide fall hazard training. A serious violation occurs 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 if an accident were to occur.
OSHA proposed penalties of $313,000 for Campbell Construction and $84,000 for S&R Contracting. Both companies have 15 business days from receipt of the citations to comply, request an informal conference with the OSHA area director in Philadelphia, or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.
To ask questions; obtain compliance assistance; file a complaint; or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742) or the agency's Philadelphia Area Office at 215-597-4955.
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.
Friday, November 8, 2013
OSHA PROPOSES NEW RULE TO TRACK WORKPLACE INJURIES AND ILLNESSES
FROM: U.S. LABOR DEPARTMENT
OSHA announces proposed new rule to improve tracking of workplace injuries and illnesses
WASHINGTON — The Occupational Safety and Health Administration today issued a proposed rule to improve workplace safety and health through improved tracking of workplace injuries and illnesses. The announcement follows the Bureau of Labor Statistics' release of its annual Occupational Injuries and Illnesses report, which estimates that three million workers were injured on the job in 2012.
"Three million injuries are three million too many," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "With the changes being proposed in this rule, employers, employees, the government and researchers will have better access to data that will encourage earlier abatement of hazards and result in improved programs to reduce workplace hazards and prevent injuries, illnesses and fatalities. The proposal does not add any new requirement to keep records; it only modifies an employer's obligation to transmit these records to OSHA."
The public will have 90 days, through Feb. 6, 2014, to submit written comments on the proposed rule. On Jan. 9, 2014, OSHA will hold a public meeting on the proposed rule in Washington, D.C. A Federal Register notice announcing the public meeting will be published shortly.
The proposed rule was developed following a series of stakeholder meetings in 2010 to help OSHA gather information about electronic submission of establishment-specific injury and illness data. OSHA is proposing to amend its current recordkeeping regulations to add requirements for the electronic submission of injury and illness information employers are already required to keep under existing standards, Part 1904. The first proposed new requirement is for establishments with more than 250 employees (and who are already required to keep records) to electronically submit the records on a quarterly basis to OSHA.
OSHA is also proposing that establishments with 20 or more employees, in certain industries with high injury and illness rates, be required to submit electronically only their summary of work-related injuries and illnesses to OSHA once a year. Currently, many such firms report this information to OSHA under OSHA's Data Initiative.
OSHA plans to eventually post the data online, as encouraged by President Obama's Open Government Initiative. Timely, establishment-specific injury and illness data will help OSHA target its compliance assistance and enforcement resources more effectively by identifying workplaces where workers are at greater risk, and enable employers to compare their injury rates with others in the same industry. Additional information on the proposed rule can be found at http://www.dol.gov/find/20131107/ and http://www.osha.gov/recordkeeping/proposed_data_form.html.
OSHA announces proposed new rule to improve tracking of workplace injuries and illnesses
WASHINGTON — The Occupational Safety and Health Administration today issued a proposed rule to improve workplace safety and health through improved tracking of workplace injuries and illnesses. The announcement follows the Bureau of Labor Statistics' release of its annual Occupational Injuries and Illnesses report, which estimates that three million workers were injured on the job in 2012.
"Three million injuries are three million too many," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "With the changes being proposed in this rule, employers, employees, the government and researchers will have better access to data that will encourage earlier abatement of hazards and result in improved programs to reduce workplace hazards and prevent injuries, illnesses and fatalities. The proposal does not add any new requirement to keep records; it only modifies an employer's obligation to transmit these records to OSHA."
The public will have 90 days, through Feb. 6, 2014, to submit written comments on the proposed rule. On Jan. 9, 2014, OSHA will hold a public meeting on the proposed rule in Washington, D.C. A Federal Register notice announcing the public meeting will be published shortly.
The proposed rule was developed following a series of stakeholder meetings in 2010 to help OSHA gather information about electronic submission of establishment-specific injury and illness data. OSHA is proposing to amend its current recordkeeping regulations to add requirements for the electronic submission of injury and illness information employers are already required to keep under existing standards, Part 1904. The first proposed new requirement is for establishments with more than 250 employees (and who are already required to keep records) to electronically submit the records on a quarterly basis to OSHA.
OSHA is also proposing that establishments with 20 or more employees, in certain industries with high injury and illness rates, be required to submit electronically only their summary of work-related injuries and illnesses to OSHA once a year. Currently, many such firms report this information to OSHA under OSHA's Data Initiative.
OSHA plans to eventually post the data online, as encouraged by President Obama's Open Government Initiative. Timely, establishment-specific injury and illness data will help OSHA target its compliance assistance and enforcement resources more effectively by identifying workplaces where workers are at greater risk, and enable employers to compare their injury rates with others in the same industry. Additional information on the proposed rule can be found at http://www.dol.gov/find/20131107/ and http://www.osha.gov/recordkeeping/proposed_data_form.html.
Monday, November 4, 2013
OSHA CITES ETHANOL COMPANY AFTER WORKER ENGULFED IN CORN BIN
FROM: U.S. LABOR DEPARTMENT
US Labor Department's OSHA cites United Ethanol for 15 violations after
worker fatally engulfed in corn bin at Milton, Wis., ethanol facility
Company placed in Severe Violator Enforcement Program
MILTON, Wis. – United Ethanol LLC has been cited for 15 health and safety violations by the U.S. Department of Labor's Occupational Safety and Health Administration after a worker was fatally engulfed in corn inside a grain storage bin on April 19 at the Milton ethanol manufacturing facility.
"This was a terrible, preventable tragedy that underscores the importance of safety compliance," said Kim Stille, OSHA's area director in Madison. "Engulfment is one of the six major hazards present in grain bin handling facilities. Employers are responsible for identifying hazards and ensuring workers follow proper procedures to prevent injury or death."
The worker entered the grain bin in an attempt to unclog the floor chute and became engulfed when corn began to flow. The commercial grain bin held about 140,000 bushels of corn at the time of the incident.
One willful violation was cited under OSHA's grain handling regulations for failing to lockout conveyors used to empty grain bins, which exposed the now-deceased worker to the engulfment hazard. A willful violation is one committed with intentional, knowing or voluntary disregard for, or plain indifference to, employee safety and health.
Five serious violations of OSHA's grain handling standards include failing to guard floor chute openings; prevent exposure to moving grain hazards; prevent workers from entering bins when engulfment hazards exist; and failure to have an observer oversee entry procedures and to certify that all bin entry requirements had been implemented.
In 2010, following the deaths of at least 26 U.S. workers in grain bin entrapments-the highest number on record-OSHA focused its enforcement efforts on the grain and feed industry's six major danger areas. These include engulfment, falls, auger entanglement, struck-by, combustible dust and electrocution hazards. OSHA area offices in 25 states, including Wisconsin, have developed a local emphasis program dealing with grain.
US Labor Department's OSHA cites United Ethanol for 15 violations after
worker fatally engulfed in corn bin at Milton, Wis., ethanol facility
Company placed in Severe Violator Enforcement Program
MILTON, Wis. – United Ethanol LLC has been cited for 15 health and safety violations by the U.S. Department of Labor's Occupational Safety and Health Administration after a worker was fatally engulfed in corn inside a grain storage bin on April 19 at the Milton ethanol manufacturing facility.
"This was a terrible, preventable tragedy that underscores the importance of safety compliance," said Kim Stille, OSHA's area director in Madison. "Engulfment is one of the six major hazards present in grain bin handling facilities. Employers are responsible for identifying hazards and ensuring workers follow proper procedures to prevent injury or death."
The worker entered the grain bin in an attempt to unclog the floor chute and became engulfed when corn began to flow. The commercial grain bin held about 140,000 bushels of corn at the time of the incident.
One willful violation was cited under OSHA's grain handling regulations for failing to lockout conveyors used to empty grain bins, which exposed the now-deceased worker to the engulfment hazard. A willful violation is one committed with intentional, knowing or voluntary disregard for, or plain indifference to, employee safety and health.
Five serious violations of OSHA's grain handling standards include failing to guard floor chute openings; prevent exposure to moving grain hazards; prevent workers from entering bins when engulfment hazards exist; and failure to have an observer oversee entry procedures and to certify that all bin entry requirements had been implemented.
In 2010, following the deaths of at least 26 U.S. workers in grain bin entrapments-the highest number on record-OSHA focused its enforcement efforts on the grain and feed industry's six major danger areas. These include engulfment, falls, auger entanglement, struck-by, combustible dust and electrocution hazards. OSHA area offices in 25 states, including Wisconsin, have developed a local emphasis program dealing with grain.
Sunday, November 3, 2013
LABOR DEPARTMENT CITES ROLE AFTER HURRICANE SANDY
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| Hurricane Sandy Aftermath. Credit: U.S. Air Force. |
On Oct. 29, 2012, Hurricane Sandy wrought serious destruction along the East Coast. Over the past year, the Department of Labor has played a key role in the Obama administration's Hurricane Sandy Rebuilding Task Force. We talked with the department's Northeast Regional Representative, Robert Asaro-Angelo, for an update on the department's work.
Can you tell us about efforts to keep workers safe during the recovery and rebuilding efforts? Hurricane cleanup and recovery work can be dangerous. Immediately after the storm, the Occupational Safety and Health Administration deployed personnel throughout the region to ensure workers engaged in storm response and recovery work were protected properly against health and safety hazards. OSHA educated employers and workers through extensive outreach, and conducted thousands of field interventions that protected or removed workers from unsafe conditions. Additionally, it awarded more than a million dollars in training grants for small employers and vulnerable workers.
A storm's damage isn't only physical, but also economic. Can you tell us how the Labor Department has been able to help in that area? Providing financial help to the region and protecting the incomes of workers has been vital for recovery. To that end, the department has issued millions of dollars in recovery grants to communities and unemployment assistance for individuals, engaged in outreach on wage and hour laws, and recovered more than $700,000 in back wages for workers. In addition, we've worked hard to ensure that everyone has an equal opportunity for a job in the rebuilding effort.
What work remains to be done? The long-term rebuilding is only just beginning. We are working closely with our federal partners to help communities rebuild in a way that makes them stronger, more economically competitive and better able to withstand future storms. Also, we will continue to ensure an equal opportunity for jobs, that workers receive the pay and benefits they've earned and return home safely at the end of the day.
Sunday, August 25, 2013
STATEMENT BY LABOR SECRETARY PEREZ ON FATAL OCCUPATIONAL INJURIES RESULTS FOR 2012
FROM: U.S. LABOR DEPARTMENT
Statement by Secretary of Labor Thomas E. Perez on fatal occupational injuries in 2012
WASHINGTON — Preliminary results from the Bureau of Labor Statistics' National Census of Fatal Occupational Injuries released today show a reduction in the number of fatal work injuries in 2012 compared with 2011. Last year, 4,383 workers died from work-related injuries, down from a final count of 4,693 fatal work injuries in 2011. Based on preliminary counts, the rate of fatal workplace injuries in 2012 was 3.2 per 100,000 full-time equivalent workers, down from a rate of 3.5 per 100,000 in 2011. In response, Secretary of Labor Thomas E. Perez issued the following statement:
"Workers in this country have the right to return home safe and healthy at the end of a work day. Despite that right, poor safety conditions cause thousands of people each year to lose their lives at work.
"I am greatly encouraged by the reduction in workplace fatalities, even in a growing economy. It is a testament to the hard work of employers, unions, health and safety professionals and the Labor Department's Occupational Safety and Health Administration and Mine Safety and Health Administration. Through collaborative education and outreach efforts, and effective law enforcement, these numbers indicate that we are absolutely moving in the right direction.
"But to me these aren't just numbers and data — they are fathers and mothers, brothers and sisters, who will never come home again.
"We can and must do better. Job gains in oil and gas and construction have come with more fatalities, and that is unacceptable. That's why OSHA has undertaken a number of outreach and educational initiatives, including a campaign to prevent falls in construction and the National Voluntary Stand Down of U.S. Onshore Oil and Gas Exploration and Production, co-sponsored by oil and gas industry employers and planned for Nov. 14. Employers must take job hazards seriously and live up to their legal and moral obligation to send their workers home safe every single day. The Labor Department is committed to preventing these needless deaths, and we will continue to engage with employers to make sure that these fatality numbers go down further.
"No worker should lose their life for a paycheck."
Statement by Secretary of Labor Thomas E. Perez on fatal occupational injuries in 2012
WASHINGTON — Preliminary results from the Bureau of Labor Statistics' National Census of Fatal Occupational Injuries released today show a reduction in the number of fatal work injuries in 2012 compared with 2011. Last year, 4,383 workers died from work-related injuries, down from a final count of 4,693 fatal work injuries in 2011. Based on preliminary counts, the rate of fatal workplace injuries in 2012 was 3.2 per 100,000 full-time equivalent workers, down from a rate of 3.5 per 100,000 in 2011. In response, Secretary of Labor Thomas E. Perez issued the following statement:
"Workers in this country have the right to return home safe and healthy at the end of a work day. Despite that right, poor safety conditions cause thousands of people each year to lose their lives at work.
"I am greatly encouraged by the reduction in workplace fatalities, even in a growing economy. It is a testament to the hard work of employers, unions, health and safety professionals and the Labor Department's Occupational Safety and Health Administration and Mine Safety and Health Administration. Through collaborative education and outreach efforts, and effective law enforcement, these numbers indicate that we are absolutely moving in the right direction.
"But to me these aren't just numbers and data — they are fathers and mothers, brothers and sisters, who will never come home again.
"We can and must do better. Job gains in oil and gas and construction have come with more fatalities, and that is unacceptable. That's why OSHA has undertaken a number of outreach and educational initiatives, including a campaign to prevent falls in construction and the National Voluntary Stand Down of U.S. Onshore Oil and Gas Exploration and Production, co-sponsored by oil and gas industry employers and planned for Nov. 14. Employers must take job hazards seriously and live up to their legal and moral obligation to send their workers home safe every single day. The Labor Department is committed to preventing these needless deaths, and we will continue to engage with employers to make sure that these fatality numbers go down further.
"No worker should lose their life for a paycheck."
Wednesday, August 21, 2013
REPUBLIC STEEL FACES FINES FOR SAFETY VIOLATIONS
FROM: U.S. LABOR DEPARTMENT
Republic Steel faces fines of $1.1 million for 24 safety violations; company previously agreed to address hazards in 2012 OSHA settlement
CANTON, Ohio — Republic Steel has been cited by the U.S. Department of Labor's Occupational Safety and Health Administration for 24 safety violations carrying fines of $1,138,500. Fifteen willful violations of OSHA's fall protection standards were found at the company's Canton steel manufacturing plant.
OSHA received a formal complaint from the United Steelworkers Union alleging inadequate fall protection and other unsafe practices exposing workers to various hazards in the plant's melt shop. During the inspection, opened in February 2013, OSHA discovered that two workers had been seriously injured in falls at the site in June and August of 2012.
"People working hard to provide for their families should not have worry each day whether they'll come home," said Secretary of Labor Thomas E. Perez. "Republic Steel put their workers' lives in danger, and that kind of disregard for safety will not be tolerated."
The company has a history of failing to address fall hazards. In 2011, after an employee was seriously injured in a fall at the company's Lorain, Ohio, facility, OSHA issued willful citations to the company for fall hazards. In a settlement with OSHA in 2012, the company accepted three willful fall hazard violations at the Lorain plant and agreed to address fall protection at its plants, including the Canton plant.
"Republic Steel has a long history of OSHA violations and disregard for employee safety and health," said Dr. David Michaels, assistant secretary of labor for occupational safety and health. "It is unacceptable that Republic Steel has not taken more effective steps to improve safety at the Canton plant, particularly in light of a 2012 settlement aimed at exactly that. OSHA will remain diligent in its commitment to protect America's steel workers."
A total of 15 willful violations were cited for failing to provide fall protection in the Canton steel mill. Among the violations noted were lack of fall protection while working on the runway girders that were 66 feet above the ground and falls of 30 feet due to missing and damaged guardrails. Workers were also exposed to falls of up to 30 feet above the slag pit and falls of 20 feet above the electric arc furnace and molten steel ladle. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirements, or plain indifference to employee safety and health.
One repeat violation was cited for failing to post danger signs or other effective means of indicating the existence and location of permit-required confined spaces in the melt shop. 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 five years. The same violation was cited in August 2009 at the company's facility in Blasdell, N.Y.
Additionally, eight serious violations include tripping hazards, the use of electrical panels not suitable for wet locations, lack of personal protective equipment for employees working around the furnace, failing to evaluate potential hazards in confined spaces that employees might need to enter such as furnaces and duct work, and failure to train workers on hazards and issue entry permits for those spaces. A serious violation occurs 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.
Republic Steel faces fines of $1.1 million for 24 safety violations; company previously agreed to address hazards in 2012 OSHA settlement
CANTON, Ohio — Republic Steel has been cited by the U.S. Department of Labor's Occupational Safety and Health Administration for 24 safety violations carrying fines of $1,138,500. Fifteen willful violations of OSHA's fall protection standards were found at the company's Canton steel manufacturing plant.
OSHA received a formal complaint from the United Steelworkers Union alleging inadequate fall protection and other unsafe practices exposing workers to various hazards in the plant's melt shop. During the inspection, opened in February 2013, OSHA discovered that two workers had been seriously injured in falls at the site in June and August of 2012.
"People working hard to provide for their families should not have worry each day whether they'll come home," said Secretary of Labor Thomas E. Perez. "Republic Steel put their workers' lives in danger, and that kind of disregard for safety will not be tolerated."
The company has a history of failing to address fall hazards. In 2011, after an employee was seriously injured in a fall at the company's Lorain, Ohio, facility, OSHA issued willful citations to the company for fall hazards. In a settlement with OSHA in 2012, the company accepted three willful fall hazard violations at the Lorain plant and agreed to address fall protection at its plants, including the Canton plant.
"Republic Steel has a long history of OSHA violations and disregard for employee safety and health," said Dr. David Michaels, assistant secretary of labor for occupational safety and health. "It is unacceptable that Republic Steel has not taken more effective steps to improve safety at the Canton plant, particularly in light of a 2012 settlement aimed at exactly that. OSHA will remain diligent in its commitment to protect America's steel workers."
A total of 15 willful violations were cited for failing to provide fall protection in the Canton steel mill. Among the violations noted were lack of fall protection while working on the runway girders that were 66 feet above the ground and falls of 30 feet due to missing and damaged guardrails. Workers were also exposed to falls of up to 30 feet above the slag pit and falls of 20 feet above the electric arc furnace and molten steel ladle. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirements, or plain indifference to employee safety and health.
One repeat violation was cited for failing to post danger signs or other effective means of indicating the existence and location of permit-required confined spaces in the melt shop. 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 five years. The same violation was cited in August 2009 at the company's facility in Blasdell, N.Y.
Additionally, eight serious violations include tripping hazards, the use of electrical panels not suitable for wet locations, lack of personal protective equipment for employees working around the furnace, failing to evaluate potential hazards in confined spaces that employees might need to enter such as furnaces and duct work, and failure to train workers on hazards and issue entry permits for those spaces. A serious violation occurs 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.
Saturday, February 2, 2013
THE WHISTLEBLOWER PROTECTION ADVISORY COMMITTEE
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| Photo Credit: Wikimedia. |
Inaugural Meeting of Whistleblower Protection Advisory Committee
Highlighting its continued emphasis on protecting the rights of whistleblowers, the Occupational Safety and Health Administration hosted the inaugural meeting of the Whistleblower Protection Advisory Committee. Acting Secretary of Labor Harris commended the new committee members on their passion for whistleblower protections during the January 29 meeting, which brought together the 12 voting and three ex-officio members. Dr. David Michaels, assistant secretary of labor for occupational safety and health, stressed the importance of whistleblowers to the broad economy, to worker safety, the environment, and the integrity of the financial system, transportation safety and food safety. He also updated the committee on the selection of Beth Slavet to head the whistleblower program, and a recent accord signed between OSHA and BNSF Railway Company that protects workers' rights to report safety concerns or injuries without fear of retaliation. In his closing remarks, Michaels reiterated the importance of whistleblowers who can "play an important role in preventing the next Deepwater Horizon or avoiding the next Enron."
Saturday, January 5, 2013
FITNESS BUSINESS CITED FOR FAILURE TO PROVIDE PROTECTIVE EQUIPMENT TO EMPLOYEES
FROM: U.S. DEPARTMENT OF LABOR
US Labor Department's OSHA cites Xsport Fitness in Libertyville, Ill.,
for failing to provide workers with personal protective equipment
LIBERTYVILLE, Ill. – The U.S. Department of Labor's Occupational Safety and Health Administration has cited Capital Fitness Inc., which operates as Xsport Fitness in Libertyville, Ill., with four repeat safety violations for failing to provide personal protective equipment to employees working with hazardous chemicals. The complaint inspection in November resulted in proposed penalties totaling $60,000.
"Xsport Fitness has a responsibility to know the hazards that exist in their workplace and to provide employees with appropriate personal protective equipment," said Diane Turek, OSHA's area director at the Chicago North office in Des Plaines. "Employers who are cited for repeat violations demonstrate a lack of commitment to employee safety and health."
The repeat violations were cited for failing to provide eye, face and hand protection for workers using liquid and other hazardous chemicals, develop and implement a written hazard communication program, provide material safety data sheets for hazardous chemicals in use and train workers and provide them with information regarding hazardous chemicals in their work area. A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years. Similar violations were cited in May 2012 at the Fullerton Avenue facility in Chicago.
The company has 15 business days from receipt of the citations and penalties to comply, request an informal conference with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission.
US Labor Department's OSHA cites Xsport Fitness in Libertyville, Ill.,
for failing to provide workers with personal protective equipment
LIBERTYVILLE, Ill. – The U.S. Department of Labor's Occupational Safety and Health Administration has cited Capital Fitness Inc., which operates as Xsport Fitness in Libertyville, Ill., with four repeat safety violations for failing to provide personal protective equipment to employees working with hazardous chemicals. The complaint inspection in November resulted in proposed penalties totaling $60,000.
"Xsport Fitness has a responsibility to know the hazards that exist in their workplace and to provide employees with appropriate personal protective equipment," said Diane Turek, OSHA's area director at the Chicago North office in Des Plaines. "Employers who are cited for repeat violations demonstrate a lack of commitment to employee safety and health."
The repeat violations were cited for failing to provide eye, face and hand protection for workers using liquid and other hazardous chemicals, develop and implement a written hazard communication program, provide material safety data sheets for hazardous chemicals in use and train workers and provide them with information regarding hazardous chemicals in their work area. A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years. Similar violations were cited in May 2012 at the Fullerton Avenue facility in Chicago.
The company has 15 business days from receipt of the citations and penalties to comply, request an informal conference with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission.
Wednesday, December 26, 2012
OSHA CITES U.S. POSTAL SERVICE FOR WORKER'S DEATH
FROM: U.S. DEPARTMENT OF LABORDec. 17, 2012
US Labor Department's OSHA cites US Postal Service
for worker's heat-related death in Independence, Mo.
INDEPENDENCE, Mo. – The U.S. Department of Labor's Occupational Safety and Health Administration has cited the U.S. Postal Service Truman Station in Independence, Mo., with a willful violation for failing to protect employees working in excessive heat. OSHA initiated an inspection in July after a mail carrier developed heat-related illness symptoms, collapsed while working his route and was taken to the hospital where he died as a result of his exposure to excessive heat.
"This tragedy underscores the need for employers to take proactive steps to keep workers safe in extreme heat," said Charles Adkins, OSHA's regional administrator in Kansas City. "If this employer had trained workers in recognizing the symptoms of heat stroke, and taken precautions to ensure workers had access to water, rest and shade, this unfortunate incident may have been avoided."
The willful violation addresses the hazard of multiple employees who were required to work during periods when excessive heat advisories and warnings were issued by the National Weather Service. The employer did not have procedures in place to address worker concerns during times of excessive heat. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health.
Penalties of $70,000 have been proposed. The Postal Service has 15 business days from receipt of the citations and penalties to comply, request an informal conference with OSHA's area director in Kansas City, or contest the findings before the independent Occupational Safety and Health Review Commission.
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.
Sunday, December 2, 2012
FAA PROPOSES POLICY TO KEEP FLIGHT ATTENDANTS SAFER
FROM: U.S. DEPARTMENT OF LABOR
FAA proposes policy to improve flight attendant workplace safety
WASHINGTON — The U.S. Department of Transportation's Federal Aviation Administration, working with the U.S. Department of Labor's Occupational Safety and Health Administration, today proposed a new policy for addressing flight attendant workplace safety.
While the FAA's aviation safety regulations take precedence, the agency is proposing that OSHA be able to enforce certain occupational safety and health standards currently not covered by FAA oversight.
"Safety is our highest priority and that certainly extends to those who work in the transportation industry," said Transportation Secretary Ray LaHood. "Under this proposal, flight attendants would, for the first time, be able to report workplace injury and illness complaints to OSHA for response and investigation."
"The policy announced today with the FAA will not only enhance the health and safety of flight attendants by connecting them directly with OSHA but will, by extension, improve the flying experience of millions of airline passengers," said Secretary of Labor Hilda L. Solis.
Flight attendant workplace issues could include things such as exposure to noise and bloodborne pathogens, and access to information on hazardous chemicals. The FAA and OSHA will continue to work to identify any additional conditions where OSHA requirements could apply. They will also develop procedures to ensure that OSHA does not apply any requirements that could affect aviation safety.
"Flight attendants contribute to the safe operation of every flight each day," said acting FAA Administrator Michael Huerta. "This proposed policy is an important step toward establishing procedures for resolving flight attendant workplace health and safety concerns."
"We look forward to working with the FAA and the airlines to assure the protection of flight attendants," said Dr. David Michaels, assistant secretary of labor for occupational safety and health.
Through the FAA Modernization and Reform Act of 2012, Congress required the FAA to develop a policy statement to outline the circumstances in which OSHA requirements could apply to crewmembers while they are working on aircraft.
Saturday, November 17, 2012
HOLIDAY RETAIL CROWD CONTROL AND WORKER SAFETY
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| Shopping Mall Photo Credit: Wikimedia Commons |
US Labor Department's OSHA encourages retailers to provide crowd management measures to protect workers during major sales events
WASHINGTON — The U.S. Department of Labor's Occupational Safety and Health Administration is encouraging retail employers to take precautions to prevent worker injuries during Black Friday and other major sales events during the holiday season.
In 2008, a worker was trampled to death while a mob of shoppers rushed through the doors of a large store to take advantage of an after-Thanksgiving Day Black Friday sales event. OSHA recommends that retailers follow certain safeguards against this type of tragedy.
"Crowd control and proper planning are critical to preventing injuries and deaths," said Dr. David Michaels, assistant secretary of labor for occupational safety and health. "OSHA urges retailers to adopt a crowd management plan during the holiday shopping season that includes a few simple guidelines."
Crowd management plans should include:
Barricades or rope lines for pedestrians that do not start right in front of the store’s entrance.
Implementing crowd control measures well in advance of customers arriving at the store.
Emergency procedures in place to address potential dangers.
Explaining approach and entrance procedures to the arriving public.
Not allowing additional customers to enter the store when it reaches its maximum occupancy level.
Not blocking or locking exit doors.
Tuesday, November 6, 2012
OSHA URGES HURRICANE SANDY RECOVERY WORKERS TO PROTECT THEMSELVES
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| Photo Credit: U.S. Air Force |
US Labor Department’s OSHA urges hurricane recovery workers to protect themselves against hazards
BOSTON — The U.S. Department of Labor's Occupational Safety and Health Administration is urging workers and members of the public engaged in Hurricane Sandy cleanup and recovery efforts in New York, New Jersey and the New England states to be aware of the hazards they might encounter and the steps they should take to protect themselves.
"Storm recovery workers are working around the clock to clean up areas impacted by the storm," said Robert Kulick, OSHA's New York regional administrator. "We want to make sure that workers are aware of the hazards involved in cleanup work and take the necessary precautions to prevent serious injuries."
OSHA field staff members are providing safety assistance, technical support, and information and training to those involved in the recovery efforts. For more information about unsafe work situations, workers and the general public can contact OSHA's toll-free hotline at 800-321-OSHA (6742).
For more information about protecting workers during Hurricane Sandy recovery, visit http://www.osha.gov/sandy/index.html. This comprehensive website offers fact sheets, concise "quick cards," frequently asked questions, safety and health guides, and additional information in English and Spanish.
Cleanup work can involve restoring electricity, communications, and water and sewer services; demolition activities; removal of floodwater from structures; entry into flooded areas; cleaning up debris; tree trimming; structural, roadway, bridge, dam and levee repair; use of cranes, aerial lifts and other heavy equipment; hazardous waste operations; and emergency response activities.
Inherent hazards may include downed electrical wires, carbon monoxide and electrical hazards from portable generators, fall and "struck-by" hazards from tree trimming or working at heights, being caught in unprotected excavations or confined spaces, burns, lacerations, musculoskeletal injuries, being struck by traffic or heavy equipment, and drowning from being caught in moving water or while removing water from flooded structures.
Protective measures include evaluating the work area for all hazards; assuming all power lines are live; using the right personal protective equipment (hard hats, shoes, reflective vests, safety glasses); conducting exposure monitoring where there are chemical hazards; following safe tree cutting procedures to prevent trees from falling on workers; and using fall protection and proper ladder safety when working at heights.
For additional information on grants, cleanup efforts and recovery resources, visit the Labor Department's Hurricane Recovery Assistance Web page, which is being continuously updated at http://www.dol.gov/opa/hurricane-recovery.htm. Also, a checklist of activities to be undertaken before, during and after a hurricane is available from the Federal Emergency Management Agency at http://www.ready.gov/hurricanes.
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information about the agency, visit http://www.osha.gov.
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