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Wal-Mart Admits Guilt in Young Worker’s Death

Wal-Mart Admits Guilt in Young Worker’s Death

A teenage worker’s electrocution death at a Wal-Mart Canada store inGrand Falls,NB, Jan. 5, 2011, has resulted in the retail chain pleading guilty to three workplace safety violations and being fined $120,000.

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Construction Company Director Risked Workers’ Lives

A construction company director in Melbourne, Victoria, Australia, has been fined $17,000 after exposing workers to obvious risks despite warnings from WorkSafe Victoria.

A Sunshine Magistrates’ Court judge found that Ascoli Developments Pty. Ltd and director David Gurvich failed to comply with five legal notices, including two requiring work to stop immediately because of immediate danger to workers.

Workers were exposed to electrocution hazards and fall hazards.

WorkSafe Victoria officials later visited another Ascoli construction site and found similar safety breaches, leading to further charges. Ascoli has been fined $96,500.

Gurvich and Ascoli Developments Pty. Ltd were both convicted of failure to comply with prohibition notices, failure to comply with improvement notices, failure to provide safe plant and systems of work and failure to provide adequate facilities for welfare. Ascoli was additionally convicted of two charges of failure to provide information, instruction, training and supervision to workers.

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Massive Fines Proposed in Fatal Blast Incident

The Occupational Safety and Health Administration (OSHA) is proposing $16.6 million in fines against three construction companies and 14 subcontractors in connection with a Feb. 7, 2010 natural gas explosion that killed six workers and injured 50 others at a Kleen Energy Systems LLC plant under construction in Middletown, CT.

A gas blow operation was being performed when the blast occurred. It involves pumping flammable natural gas under high pressure through new fuel gas lines to remove debris. During the operation a large amount of natural gas was vented into areas where it could not easily disperse.

OSHA says welding and other work being performed nearby created an extremely dangerous situation. The explosion occurred when the gas contacted an ignition source.

General contractor O&G Industries Inc., along with Keystone Construction and Maintenance Inc., the company in charge of the piping and gas blow and Bluewater Energy Services Inc., the commissioning and startup contractor for the plant, were all cited for performing the procedure in a manner that exposed workers to fire and explosion hazards.

Those hazards included the configuration of vent pipes in close proximity to scaffolding and other structures, along with failure to remove non-essential personnel from the area.

Citations were also issued for failure to install and use electrical equipment in accordance with its listing and labeling, allowing welding work during the gas blows and failure to train workers to recognize hazards associated with gas blows.

O&G was cited for 119 willful, 17 serious and three other-than-serious violations carrying proposed penalties of $8,347,000. Keystone Construction and Maintenance was issued 94 willful, 16 serious and one other-than-serious citations carrying $6,686,000 in proposed fines, while Bluewater Energy Services was issued 12 willful citations and eight serious citations carrying $896,000 in proposed penalties.

Also cited for additional serious violations were 14 subcontractors. Collectively they face proposed fines totaling $686,000.

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October 2010 Scorecard

REGION 1

US Postal Service Issued $357,000 in Proposed Penalties for alleged electrical hazards. OSHA initiated an inspection in response to worker complaints and subsequently cited five willful violations alleging that mechanics and technicians were working near or with live electrical equipment or parts without adequate training, safe electrical work practices, required PPE and insulated tools. A serious citation was also issued for alleged failure to have an authorized person conduct periodic inspections of the facility’s energy control procedures to prevent the unexpected startup of machinery during maintenance. [US Postal Service Boston Processing and Distribution Center, Boston, MA, Aug. 9, 2010].

REGION 1

US Postal Service Cited for Six Alleged Willful Violations carrying $420,000 in proposed fines. OSHA opened an inspection Jan. 30, 2010 in response to worker complaints and found untrained or unqualified workers routinely performing troubleshooting, servicing, voltage testing and maintenance on or near live electrical equipment, including mail sorting and cancelling machines. The machines had not first been de-energized and the workers lacked PPE, insulated tools and were not provided electrical lockout/tagout procedures to use. [US Postal Service Processing and Distribution Center, White River Junction,VT, July 29, 2010].

REGION 2

Foods Company Issued $247,000 in Proposed Fines for alleged failure to abate hazards. OSHA cited a plant in November 2009 for failure to provide adequate fall protection, machine guarding and hazardous energy controls for plant workers. A follow-up inspection found that several conditions remained unchanged. Alleged uncorrected hazards include missing or inadequate guardrails, inadequate guarding of moving parts of mixer machines and carrot shredders, failure to develop a lockout/tagout program and failure to provide workers with training and equipment to implement the program. OSHA also identified recurring machine guarding hazards and improper storage of oxygen and acetylene cylinders. [U.F.S. Industries, doing business as Sally Sherman Foods, Mount Vernon, NY, Aug. 4, 2010].

REGION 2

Concrete Contractor Cited for failure to comply with an OSHA settlement agreement to abate worker exposure to fall hazards. OSHA says the company entered into an agreement to address fall hazards following an inspection at a Jersey City, NJ, construction site in June 2008. A follow-up inspection found that the company failed to comply with the settlement agreement by not informing OSHA that it had performed work at eight sites in New York City and had also failed to properly address fall protection methods on those sites. OSHA says the company also failed to properly document a hazard assessment of various worksite tasks and failed to confirm the qualifications of its chief of construction operations and its safety director. Proposed penalties totaling $210,000 have been issued. [Broadway Concrete, New York City, NY, Aug. 4, 2010].

REGION 3

Roofing Contractor issued $53,200 in Proposed Fines for alleged willful and serious violations. OSHA cited willful failure to provide fall protection for employees working on roofs higher than six feet and for three serious alleged violations, including failure to provide fall protection on a ladder jack scaffold, improper scaffold access and a lack of hardhat use. [Eastern Roofing Systems Inc., Moscow, PA, Aug. 9, 2010].

REGION 4

Complaint Leads to 22 Citations and $191,500 in proposed penalties for alleged health and safety hazards. OSHA opened an inspection at a military aircraft parts manufacturer in February 2010 and issued willful safety violations for failure to provide proper lockout/tagout procedures and failure to provide protective machine guards on equipment. Serious citations allege issues such as failure to repair or replace hooks used to lift and hold items, obstructed exits, noise hazards, failure to properly maintain machinery, electrical hazards, failure to train workers on hazards associated with aluminum dust and using excessively pressurized air to clean parts. A repeat health violation alleging failure to provide a site-specific written respiratory program was also issued. [AAR Summa Technology, Huntsville, AL, Aug. 9, 2010].

REGION 4

SeaWorld of Florida Cited in Animal Trainer’s Death has been issued $75,000 in proposed fines. OSHA has issued one willful citation for exposing employees to struck-by and drowning hazards when interacting with killer whales, following the Feb. 24, 2010 death of a trainer. She was grabbed and pulled under water by a killer whale, which repeatedly struck and thrashed her about. Cause of death was drowning. A serious citation alleging that workers were exposed to fall hazards because of failure to install a stairway railing system was also issued. [SeaWorld of Florida, Orlando, FL, Aug. 23, 2010].

REGION 4

Company Issued Fines Exceeding $2 Million for alleged lead standard violations. OSHA has cited 42 willful and serious violations of the lead standard, including failure to use engineering controls to prevent overexposure to lead, failure to perform air sampling to determine the extent of its workers’ exposure, failure to provide showers for workers who had been exposed to lead and failure to provide blood testing to lead-exposed workers every six months. OSHA says the company also violated the lead standard by giving its workers non-FDA-approved chelating agents to remove heavy metals from the body without medical supervision. Other citations allege failure to provide medical evaluations and fit testing for respirators and failure to abate a previously-cited violation for failure to implement a job rotation schedule to reduce lead exposures. Proposed penalties total $2,099,600. The company’s work involves cleaning gun ranges. [E.N. Range Inc., Miami, FL, Aug. 23, 2010].

REGION 5

Farmer-Owned Grain Cooperative Hit With Massive Proposed Fines after worker becomes engulfed in frozen soybeans. OSHA has proposed penalties totaling $721,000 after a worker became trapped up to his chest for four hours in 25F weather. The worker survived. OSHA says workers were required to enter grain storage bins without proper protection. Ten willful citations were issued for incidents of alleged failure to provide workers entering grain storage bins with body harnesses and lifelines, failure to provide an observer while other workers entered the grain bins, failure to ensure that safe procedures were implemented for entry into grain bins, failure to prohibit workers from walking on the grain inside the bin, failure to provide rescue equipment for workers entering bins and failure to implement an emergency action plan. [Cooperative Plus Inc., Burlington, WI, Aug. 4, 2010].

REGION 5

Polishing and Plating Company Fined $75,400 for workers’ alleged overexposure to chromium and chromic acid. An OSHA inspection resulted in one willful, 50 serious and two other-than-serious citations. The willful citation alleges that a worker was exposed to chromium VI above permissible exposure limits. Serious citations include alleged failure to provide proper protective equipment for workers working with lead and other dangerous dust and chemicals, failure to develop or implement a hazard communication program, failure to maintain material safety data information and allowing employees to be exposed to open circuit breaker panels and improperly marked electrical panels. [Wisconsin Polishing and Plating Inc., West Allis, WI, Aug. 11, 2010].

REGION 5

US Minerals LLC issued fines of $158,200 for alleged willful and other violations. A manufacturer of abrasive blasting and roofing materials was cited for willful failure to provide proper fall protection on elevated platforms more than 30 feet above ground and willful failure to provide proper lockout/tagout procedures. Serious citations allege failure to provide required energy-isolating control devices while employees worked on conveyor systems, failure to have proper start-up warning or emergency stop devices on remotely controlled conveyors and having broken outdoor electrical conduit and other equipment. The repeat citations allege failure to provide fall protection, failure to have required energy isolation and energy control training and procedures for workers and a lack of proper guarding on belt and pulley drive equipment. [US Minerals LLC, Baldwin, IL, Aug. 5, 2010]

REGION 5

Alleged Lack of Fall Protection Brings $70,000 in Proposed Fines to company. OSHA has cited willful failure to ensure that workers utilized mandatory fall protection while working on the roof of the Key Bank Building, which stands more than 40 feet above the ground. [Johnson Controls Inc. Toledo, OH, Aug. 9, 2010].

REGION 6

Fatality Leads to Willful and Serious Citations for Texas firm. OSHA opened an investigation after an explosion inside a permit-required confined space killed one worker and injured two others. Willful citations allege failure to eliminate and control hazardous atmospheres such as flammable gas, through ventilation, failure to complete confined space entry permits, failure to use intrinsically safe lights in hazardous locations and failure to annually fit-test employees for respirator use. Serious violations issued to the company include failure to mark exits, ensure flammables storage areas had self-closing doors, conduct workplace hazard assessments, monitor, evaluate and annually review and retain records for confined spaces, implement a hearing conservation program and secure compressed cylinders. The company was issued $161,600 in proposed penalties. [Thermal Polymer Systems LC, Angleton, TX, July 26, 2010].

REGION 6

Construction Company Facing Willful, Serious and Repeat Citations following a worker’s death. OSHA opened an investigation after a worker died as a result of being overcome by hydrogen sulfide gas. OSHA issued willful citations for failure to implement confined space entry procedures including testing, ventilation and rescue, along with failure to train employees regarding confined space hazards. Serious citations allege failure to train employees on the dangers of working with hazardous chemicals and failure to failure to inspect, properly maintain and repair damaged ladders. The repeat citations allege failure to make a reasonable estimate of employee exposure to hazardous chemicals such as hydrogen sulfide and carbon monoxide and failure to properly erect a ladder for use in accessing a sanitary sewer manhole. Fines totaling $136,000 have been proposed. [Matula & Matula Construction Inc., Lake Jackson, TX, Aug. 5, 2010].

REGION 10

Building Company Cited for Fall Hazards and other alleged safety issues. OSHA issued two willful citations alleging failure to provide and enforce the wearing of high-visibility vests by employees working on heavily traveled roadways and failure to provide adequate fall protection for employees. Also issued were 11 serious citations alleging failure to provide hazard recognition instruction, housekeeping of work and storage areas, proper handling and storage of compressed gas cylinders and welding equipment, stable access to elevated work areas, a properly designed horizontal lifeline system, proper anchorage for fall protection, safe egress from deep excavations, a means of preventing materials and equipment from entering excavations, safe access to tops of pier caps and a lack of competent person inspections for excavations prior to employee entry or for excavations exceeding five feet. Two repeat citations allege failure to provide a trained person to perform regular and frequent worksite inspections and provide employees with fall protection training instructions. The company was issued proposed fines totaling $127,800. [Cannon Builders Inc., Blackfoot, ID, Aug. 3, 2010].

REGION 10

AmeriCold Logistics Cited for Alleged Serious Safety Violations in Idaho. Eleven serious and five repeat safety violations carrying proposed fines of $189,000 were issued. Among alleged serious violations were worker exposure to hazards because of inadequate system design information, failure to correct equipment deficiencies, inadequate inspections of process equipment, inadequate process hazard analysis and a lack of mechanical integrity inspection documentation and written procedures for such inspections. Also cited were serious violations alleging fall hazards, unguarded evaporator fan blades and an inadequate number of exit routes. Repeat citations allege unguarded open-sided floors or platforms, a lack of an employee alarm system, a lack of piping and instrument diagrams for equipment in safety information, a lack of proper employee training and a lack of written procedures to maintain equipment. [AmeriCold Logistics LLC, Burley, ID, Aug. 12, 2010].

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Seven Ways to Prevent Workplace Fires

October is fire safety month. While much of the emphasis of this annual safety observance hinges on family members being trained and drilled on how to escape a home fire, knowing what to do in the event of a workplace fire is equally important.

Were you aware that about three percent of workplace fatalities are related to fire and explosions?

Share the following workplace fire safety information with your workers .

  1. Practice good worksite housekeeping habits. Do not let trash and waste material accumulate. Empty trash bins regularly. Oily rags must be stored and disposed of in covered metal containers.
  2. Do not store materials or allow clutter to accumulate around exits and stairways. Fire doors should be kept closed and fire exits should always remain clear and accessible.
  3. A common cause of workplace fires is machinery or equipment that becomes overheated. Be sure to follow operating guidelines to prevent overloading. Follow manufacturers’ instructions in using and maintaining equipment.
  4. Electrical malfunctions are also a major contributor to workplace fires. Check electrical equipment regularly for damaged cords or worn insulation. Never overload circuits and never force circuit breakers to remain in the “on” position. Only qualified and authorized personnel should carry out electrical repairs and maintenance, but everyone is responsible for being alert to the signs of electrical malfunction.
  5. Understand the fire hazards of the materials with which you work. They may be combustible, flammable, explosive or reactive. Read the labels and know where to locate the Material Safety Data Sheet for further information. Carefully follow instructions when you are using any materials which might pose hazards.
  6. Be sure to observe any smoking restrictions. Smoke only in designated areas. Smoking in unauthorized areas such as storage rooms has resulted in serious fires. Do not empty ashtrays until smoking materials are cold.
  7. Observe company security policies and be alert to any suspicious persons or activities. Many workplace fires are set by arsonists, so do your part to prevent these incidents.

Do Your Workers Know What to Do Should a Fire Occur?

Are your workers ready to deal with a possible workplace fire? Make sure your safety training answers these questions:

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August 2010 Scorecard

REGION 1

Masonry Contractor Issued $61,600 in Proposed Fines after worker falls 30 feet. A worker fell while climbing a scaffold at a jobsite in Brookline, MA. OSHA investigated and cited the company for willful failure to provide a ladder or other safe means of accessing a scaffold’s upper levels and failure to supply workers with fall protection while working on the scaffold. Serious citations were also issued for failure to fully plank a scaffold and for locating a scaffold less than 18 inches away from energized, non-insulated power lines. [Misdea Enterprises LLC, Weymouth, MA, May 26, 2010].

REGION 1

Seafood Plant Issued $214,500 in Proposed Fines for alleged willful and serious violations. OSHA conducted an inspection and issued willful citations alleging failure to properly inspect and test an anhydrous ammonia piping system used for freezing and for failure to correct previously identified deficiencies. OSHA alleges the system was corroded and encased in ice. Nine serious violations also cited include alleged failure to label and identify piping systems, remove frost and ice accumulations from piping, properly locate relief valves, ensure that the main ammonia shutoff valve was accessible, ensure that an exit door opened to the outside, conduct compliance audits, inspect and test the mechanical integrity of process equipment, provide workers with hand protection and make process safety information available. One repeat citation was also issued for not properly calibrating equipment used to inspect and test compressors and cryolators. [High Liner Foods Inc., Portsmouth, NH, June 1, 2010].

REGION 2

Ford Cited for not Repairing or Removing Damaged Overhead Cranes at Buffalo Stamping Plant. A willful citation was issued after OSHA conducted an inspection in response to a complaint from workers. OSHA says it found five instances where overhead cranes used to lift and set dies or lift coils of steel were allowed to remain in service after defects were identified in earlier inspections. The defects included worn brake drums, loose or sheared coupling bolts and worn or damaged gears. A proposed fine of $70,000 has been issued. [Ford Motor Co. Buffalo Stamping Plant, Hamburg, NY, June 22, 2010].

REGION 2

Proposed Fines of More Than $357,000 Issued against a pharmaceutical manufacturer. OSHA conducted an inspection and issued six willful citations for issues that allege excessive worker exposure to methylene chloride, failure to have effective controls and work practices to reduce those exposure levels, failure to supply workers with appropriate respirators and failure to provide all required monitoring, medical surveillance and information about methylene chloride. Exposure to methylene chloride has been linked to increased risk for cancer, heart problems, central nervous system and liver problems and skin or eye irritation. Three serious citations were also issued for alleged failure to determine each employee’s exposure to methylene chloride, failure to develop and inspect hazardous energy control procedures for all equipment and failure to inform employees of the existence, location and availability of exposure and monitoring records. [UCB Manufacturing Inc., Rochester, NY, June 18, 2010].

REGION 2

Manufacturer Cited for Allegedly Exposing Workers to Chemical Hazards facing $88,500 in proposed fines. OSHA initiated an inspection on Nov. 24, 2009, in response to a complaint about a chlorine release at the facility. The company has been cited for alleged deficiencies in its process safety management system, including failure to establish and implement written procedures required to manage any changes to technology, facilities, equipment and procedures that can potentially impact a chemical process. [Infineum USA L.P., Linden, NJ, June 1, 2010].

REGION 2

Partial Building Collapse Brings Citations to Brooklyn contractor. During the installation of precast concrete stairs on the third floor of a six-story residential building under construction, a collapse of several planks and stairs occurred. OSHA says it found that the structural steel I-beam supporting the planks and stairs had not been bolted in and welded as required to provide stability. Furthermore, employees who removed damaged concrete planks from the stairwell were exposed to falls of 40 feet because of a lack of fall protection. Two willful citations were issued. Also, workers had not been trained to recognize fall hazards and in the correct use of fall protection equipment, defective rigging equipment had not been removed from service and the jobsite lacked a program for frequent and regular inspections to identify hazards. Three serious citations were therefore issued. Proposed fines total $125,800. [New York Plank Services LLC, Brooklyn, NY, June 1, 2010].

REGION 3

US Postal Service Issued Almost $500,000 in Fines for alleged electrical hazards at two facilities. OSHA says it inspected the Network Distribution Center (NDC) and the Processing and Distribution Center (P&DC), both in Philadelphia, and found inadequately trained workers performing work without proper personal protective equipment while being exposed to live electrical parts. Four willful citations carrying proposed penalties totaling $280,000 were issued to the NDC and three willful citations and one serious citation carrying $210,000 in proposed fines were issued to the P&DC.  [US Postal Service, Philadelphia, PA, June 8, 2010.]

REGION 4

Company Cited for Willful and Serious Safety and Health Violations issued $200,900 in proposed fines. OSHA opened an inspection after receiving a complaint in December 2009. Scuba Clean Inc. has been cited with three willful safety violations for alleged hazards associated with divers not being trained, divers not being accompanied by another diver with continuous visual contact and using air hoses not rated for diving.  The company also has been cited for 16 serious safety and health violations, most of them related to “hookah,” a method of diving that uses a surface air supply to deliver air rather than a scuba tank. The employer failed to provide equipment needed to safely perform “hookah” dive operations, to secure compressed air cylinders, and to develop and maintain a written chemical hazard communication program. Violations also include alleged deficiencies relating to the storage of chlorine with other flammable and combustible liquids.  [Scuba Clean Inc., St. Petersburg, FL, June 10, 2010].
REGION 4

Massive Fine Issued to Company for Alleged Willful Failure to Protect Workers from toxic vapor exposures. OSHA opened an investigation after two workers died and two others were severely burned in an explosion and fire at a shipbuilding company. The incident occurred in the inner bottom void of a tugboat under construction. The company was cited for 17 willful and 11 serious violations. The willful citations allege failure to inspect and test a confined space prior to entry, failure to prevent entry into confined spaces where concentrations of flammable vapors exceed prescribed limits, and failure to use explosion-proof lighting in a hazardous location. Serious violations issued allege a lack of machine guarding, allowing the use of defective electrical equipment, failure to use approved containers for disposing of flammable liquids, no rescue service for a confined space entry, failure to properly ventilate a confined space and missing or incomplete guardrails. Proposed penalties total $1,322,000. [VT Halter Marine Inc., Escatawpa, MS, May 19, 2010}.

REGION 4

Road Construction Company Cited by OSHA for alleged willful safety violation. OSHA says the company violated OSHA standards when it posted a reduced speed limit sign for a lane closure, yet failed to remove or cover the existing speed limit sign on Interstate 75. As a result, OSHA says company workers were placed in danger. The company was issued $63,000 in proposed fines. [The De Moya Group Inc., Miami, FL, May 24, 2010].

REGION 5

US Postal Service Issued $77,500 in Proposed Fines for alleged electrical and lockout hazards. An OSHA inspection conducted in response to employee complaints resulted in a willful citation for allowing workers to perform tests and work on live electrical equipment without adequate PPE and without safety-related work practices and warning signs. Two serious citations allege failure to adequately lock out machines’ power sources to prevent unexpected startup during servicing and for inadequate insulation on electrical cables. [US Postal Service’s Mail Processing Facility in Portland, OR, June 21, 2010].

REGION 5

Crystal Manufacturer Issued $510,000 in Proposed Fines after truck driver dies in blast. OSHA has cited NDK Crystals Inc. for egregious willful and serious violations of federal workplace safety standards following an explosion at the company’s crystal manufacturing building. The incident claimed the life of a truck driver parked at a nearby service station. OSHA says the employer knowingly operated high pressure vessels even after being warned of the potential for a catastrophic failure due to material design and fabrication defects. Seven willful citations were issued for alleged safety problems with seven individual high-pressure vessels. The serious citations allege failure to evaluate the building for a catastrophic event, failure to have an emergency evacuation program, failure to implement a hazard communication program and for a lack of PPE assessment and training certification. [NDK Crystals Inc., Belvedere, IL, May 27, 2010].

REGION 5

Foundry Issued $201,500 in Proposed Penalties for allegedly exposing workers to hazards. OSHA opened an investigation after a worker sustained a crushing injury requiring a lower arm amputation. OSHA cited the company for 25 serious and three repeat safety violations, including failure to provide adequate PPE to employees, failure to provide proper eye protection to employees working with a sulfur dioxide tank, a lack of emergency escape respirators, a lack of proper guarding on power band saws, blocked exit doors, failure to provide safety latches on crane hooks and failure to provide fall protection. Serious citations were also issued for the company’s alleged failure to provide proper respiratory protection and engineering controls for dust containing silica, failure to ensure workers used proper hearing protection and a lack of proper labeling on hazardous material storage containers. [Elyria Foundry Co. LLC, Elyria, OH, May 20, 2010].

REGION 6

Texas Shipbuilding Company Cited for alleged serious and repeat violations. OSHA opened an investigation on April 27, 2010 and found structural deficiencies on a crawler crane and electrical hazards throughout the shipyard. Nineteen serious citations were issued for alleged hazards including failure to provide workers with fall protection, guards on grinders, covers over open manholes in decks and fire extinguishers in areas where flammable paints and solvents were being used. A repeat violation for failure to provide employees operating crawler cranes with load rating charts was also cited. Total penalties of $59,300 are being proposed. [Sneed Shipbuilding Inc., Channelview, TX, June 22, 2010].

REGION 7

Beef Company Cited for Process Safety Management Shortcomings issued $130,000 in proposed penalties. OSHA alleges 20 alleged serious violations and one alleged repeat violation. Serious violations primarily stem from hazardous deficiencies in the company’s process safety management of its ammonia refrigeration system. Violations allege a lack of worker participation and training of system operators, inadequate process hazard analyses of hazardous consequences and system controls and inadequate refrigeration system emergency procedures to respond to a catastrophic ammonia release. Other alleged serious violations include inadequate refrigeration system emergency procedures to respond to a catastrophic release and evacuate all plant workers and inadequate mechanical integrity throughout the refrigeration system to prevent equipment malfunctions. The repeat violation stems from a failure to provide machine guarding to protect employees from amputation hazards created by rotating and moving parts of a saw. In addition, machine guarding was not adequate for dumpers or packing machines .[Creekstone Farms Premium Beef LLC, Arkansas City, KS, June 17, 2010].

REGION 7

Alfalfa Company Cited for Willful and Serious Violations following inspection. OSHA has issued $293,000 in proposed fines after citing seven alleged willful, 16 alleged serious violations and three alleged other-than-serious violations. The willful violations allege the company’s failure to provide fall protection on open-sided platforms, operation of augers while employees worked within the grain bin, failure to test the atmosphere prior to grain bin entry, instructing employees to walk down the grain, lack of a retrieval system for grain bin entries, lack of an attendant during bin entry operations and fugitive grain dust that exceeded one-eighth inch depth. Serious violations allege deficient guardrail systems, unapproved powered industrial truck modifications, a lack of inspections on mechanical and safety control equipment, energized electrical wiring left exposed, in disrepair or inappropriately used, a lack of/or deficient machine guarding and  failure to label hazardous chemical containers. [Loup Valley Alfalfa Inc., Burwell, NE, June 15, 2010].

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Transit Supervisor Electrocuted in Queens, NY

James Knell, 45, had been a New York City Transit supervisor for nine of the 13 years he worked for the company. Experience was something he had plenty of. But experience couldn’t save him when a tragic incident occurred on the same tracks he had worked on for more than a decade.

A devoted step-father to 10-year-old twins, Jillian and Hunter, and a loving husband to his wife, Jackie, Knell offered to work the early morning shift for a co-worker.

After the power had been restored to the tracks, Knell noticed a bucket of spikes that had been left on the tracks. To avoid an accident with the trains or possible injuries to pedestrians below, Knell walked along the concrete walkway to retrieve the bucket.

The rain had soaked the walkway, causing Knell to slip and fall on the activated third rail of the track. He died instantly.

“There’s inherent danger to the job,” track worker Tim Rende said. “What he was doing that morning was something he had done a thousand times before without getting hurt.”

NYC Transit regulations prohibit workers from being near the electrified third rail in wet conditions. Knell had gone back down to the tracks after power to the third rail had been restored for a test train.

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July 2011 Scorecard

REGION 1

Contractor Issued $61,650 in Proposed Penalties for alleged excavation hazards. OSHA says it found employees working in a trench more than eight feet deep which lacked cave-in protection and a ladder or other safe means of exit, and also had excavated spoils piled at its edge. One willful citation alleging storage of materials at the edge of a trench was issued, along with serious citations alleging a lack of collapse protection and not having an exit ladder in place. Four other-than-serious citations were issued for incomplete injury and illness records. [The Welch Corp., Brighton, MA, May 10, 2010].

REGION 1

US Postal Service Issued Hefty Proposed Fines for alleged electrical hazards. OSHA has cited the US Postal Service in Rhode Island for alleged willful and serious violations of safety standards. OSHA alleges that untrained or unqualified workers were performing tests on live electrical equipment and doing so without adequate training, PPE, safety-related work practices and warning signs. They were also allegedly working on equipment that had not been de-energized. In addition, inspections of hazardous energy control procedures were allegedly conducted by employees who lacked the knowledge and training to determine if such procedures were performed correctly. As a result, eight willful citations were issued. Four serious citations were also issued for alleged failure to develop procedures and provide training for locking out power sources to prevent their unexpected startup during servicing, and other related hazards. Proposed penalties total $558,000. [US Postal Service Providence Processing and Delivery Center, Providence, RI, April 30, 2010].

REGION 2

Tonawanda Coke Corp. Cited for 14 Alleged Serious Violations issued $48,500 in proposed fines. A foundry coke producer was cited for allegedly failing to adequately train workers on respirator selection, use, storage and maintenance, failing to ensure the use of protective clothing by workers and failing to implement work-specific procedures in the plant’s respiratory protection program. OSHA alleges the company also did not conduct all required monitoring and perform all required medical evaluations for workers exposed to coke emissions, allowed coke spillage to be shoveled into a heated oven, did not supply positive pressure filtered air to all work cabs and failed to maintain a machine in good working order. Additional charges include failure to label containers of coke-contaminated clothing and allowing food and beverages to be consumed in an area with visible accumulations of coke oven emissions. [Tonawanda Coke Corp., Tonawanda, NY, May 7, 2010].

REGION 2

Alleged Fall Hazards Bring Fines totaling $47,000 A contractor has been cited for three repeat violations and one serious violation related to fall hazards at a Lebanon, NJ, worksite. OSHA investigators watched masonry workers being exposed to fall hazards from heights approaching 25 feet. Repeat violations were cited for failure to adequately plank scaffolding, failure to provide workers with a ladder to ensure safe access to scaffolding and failure to provide a fall protection system for employees working from a scaffold. The serious violation alleges failure to provide workers with a fall arrest harness with a lanyard. [Acies Group LLC, Fairfield, NJ, May 6, 2010].

REGION 2

Sheet Metal Fabricator Cited for Uncorrected and Recurring Hazards issued $106,800 in proposed penalties. OSHA cited Service Manufacturing Group for 12 violations of safety standards in March 2009. The company agreed to correct all hazards but it failed to submit proof of abatement. OSHA then opened up a follow-up inspection and found that eight of the 12 violations had not been corrected. As a result the company was issued eight failure-to-abate notices for uninspected overhead cranes, lifting slings and fire extinguishers, failure to electrically interconnect containers while dispensing flammable liquids, missing gauges that would have ensured proper air velocity in paint spray booths and failure to medically evaluate an employee’s fitness to wear a respirator. The company was also cited for alleged failure to close unused openings in electrical boxes and cabinets, the lack of an educational program on fire extinguisher use and limitations and failure to post in the workplace the citations issued as a result of the earlier inspection. [Service Manufacturing Group Inc., Buffalo, NY, April 28, 2010].

REGION 3

OSHA Cites Lumber Company for Failure to Abate Hazards and proposes $189,730 in fines. OSHA initiated an inspection on Nov. 3, 2009 after the company failed to provide abatement certification within the required timeframe for earlier violations related to failure to provide proper training to workers operating powered industrial trucks, properly guard machinery, install required stair railings, remove debris from underneath machinery, properly complete required OSHA injury and illness logs, and provide an adequate hearing protection program. [Pineville Lumber Inc., Varney, WV, May 6, 2010].

REGION 4

Automotive Supplier Issued $136,000 in Proposed Fines for alleged failure to protect workers against hazards. OSHA opened an inspection in response to a complaint and issued two willful violations alleging failure to provide workers with appropriate hand protection and failure to protect workers from arc welding flash burns. Twelve serious violations were also cited for alleged electrical deficiencies, failure to train or evaluate all workers operating industrial trucks, failure to guard against confined sparks during welding operations, failure to provide lockout/tagout procedures for energy sources and failure to provide proper machine guarding.  [Sewon America Inc., LaGrange, GA, May 18, 2010].

REGION 5

Tire Center Cited for Alleged Serious and Willful Violations alleging failure to protect workers. OSHA conducted an inspection after four workers were injured in an agricultural tire explosion. The company was cited for willful failure to provide a cage or barrier to protect workers servicing large agricultural tires, failure to ensure employees worked outside the trajectory path and for exceeding the maximum tire pressure while seating the tire. Serious citations were also issued for alleged failure to ensure safety glasses were worn by workers when servicing tires and failure to have an inline valve pressure gauge. Total penalties of $177,800 are being proposed by OSHA. [Tireman Auto Service Centers Ltd., Maumee, OH, April 27, 2010].

REGION 5

US Postal Service Processing Center Issued $210,000 in Proposed Fines for alleged willful violations. OSHA opened an inspection in November 2009 and cited three willful violations alleging failure to provide required electrical safety training for workers, failure to ensure workers used safety-related work practices while working on electrical equipment and failure to provide workers with appropriate PPE while working on energized equipment. [US Postal Service, Bedford Park, IL, May 10, 2010].

REGION 5

OSHA Proposes $96,500 in Fines for alleged willful and serious violations. OSHA inspected the Packaging Corporation of America in Milwaukee in October 2009 and issued a willful citation for failure to provide adequate PPE to workers responding to a caustic solution spill. Six serious citations were also issued for alleged hazards that included failure to provide proper employee training for a caustic solution spill, failure to implement decontamination procedures for a caustic spill and failure to implement an emergency response plan. The company, which makes corrugated and solid fiber boxes, has been inspected by OSHA more than 40 times and received more than 90 citations within the past 10 years. [Packaging Corporation of America, Milwaukee, WI, April 27, 2010].

REGION 5

Alleged Lack of Fall Protection brings willful citation to Chicago-based firm. Following a November 2009 inspection, OSHA cited National Wrecking Co. for willful failure to provide fall protection to employees working 16 feet above ground level. A serious citation was also issued for alleged failure to protect workers who were exposed to struck-by and caught in-between hazards while working in a hydraulic excavator. OSHA has proposed total fines of $60,000. [National Wrecking Co., Chicago, IL, April 27, 2010].

REGION 5

Painting Company Issued $130,300 in Proposed Penalties for violations related to worker lead exposures. An industrial painting and sandblasting company in Chicago has been cited for willful failure to provide PPE to employees working in and around lead while performing abrasive blasting and painting. Serious citations were also issued for alleged failure to ensure that workers used respirators in accordance with the conditions of certification, failure to prohibit the use of respirators by employees with facial hair and failure to provide a clean changing area for employees. [ERA Valdivia Contractors Inc., Chicago, IL, April 29, 2010].

REGION 6

Inspection Brings Serious, Repeat Citations to Oklahoma worksite. OSHA opened an inspection on Oct. 27, 2009 as part of its Site-Specific Targeting Program. The serious citation alleges 25 safety and 13 health violations. Safety violations include failure to clean settled combustible dust from floors and pipes, failure to place covers on electrical equipment, failure to provide adequate machine guarding, failure to provide fall protection equipment such as standard guardrails and failure to follow manufacturer’s instructions on forklift equipment. Health violations include failure to ensure employees were wearing PPE and failure to follow safety procedures for controlling lead. In addition, a repeat citation was issued for failure to properly install and mount receptacle boxes as listed and labeled for use. The company was cited three years ago for a similar hazard at the same plant following a fatality there. Proposed penalties of $158,780 have been issued. [National Standard Co, Stillwater, OK, April 28, 2010].

REGION 6

Alleged Machine Hazards Bring Willful and Serious Citations to Texas plastics manufacturer. An investigation resulted in a willful violation alleging failure to protect workers from hazards associated with rotating energized machinery and for disabling safety interlocks on the machinery. Serious citations were issued for failure to implement an effective energy control program and failure to provide adequate machine guarding on grinders. Other-than-serious citations were issued for failure to properly certify annual injury and illness records and failure to train employees on the use of respirators. Total penalties of $72,900 have been proposed in this case.  [FAST-Houston, Humble, TX, April 30, 2010].

REGION 6

Company Cited in Wake of Workers’ Dallas Cowboys Stadium Fall issued $45,000 in proposed fines. OSHA opened an inspection after two workers slid 260 feet down the side of the dome’s roof before falling into the gutter system. Both workers sustained life-threatening injuries. Birdair Inc. was cited for willful failure to ensure that workers were wearing required fall protection equipment, along with one serious violation of failure to provide workers with training on the hazards associated with falls. [BirdairInc. headquartered in Amhurst, NY, April 26, 2010].

REGION 8

US Postal Service Cited for Allegedly Exposing Workers to Electrical Hazards issued $217,000 in proposed fines. An OSHA inspection resulted in three willful citations for allowing workers to perform testing on live equipment and doing so without adequate training, PPE and safety related work practices. One serious citation was also issued for failure to post warning signs to alert employees about electrical hazards. [US Postal Service, Denver, CO, May 10, 2010].

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Company Jolted With Fine After Employee Shocked

An Ontario company that installs and maintains heating, ventilation and air-conditioning (HVAC) units has been jolted with a $65,000 fine after a worker lost consciousness and collapsed from an electrical shock.

Two workers were using a crane to remove an HVAC unit from the roof of a Toronto business on May 26, 2008. They had been told by a site supervisor that power to the HVAC unit had been disconnected.

When the workers began lifting the unit with the crane, someone noticed that the power cable was still attached to it. Believing that the cable was de-energized, one of the workers used sheet metal cutters to cut it. That worker suffered a serious electrical shock.

Nelco Mechanical Ltd. of Kitchener, ON, pleaded guilty in the Ontario Court of Justice to a charge of failing to ensure that the power supply to an HVAC unit was disconnected, locked out of service and tagged before and while any work was performed on it. In addition to the fine, the company must pay a $16,250 victim fine surcharge.

Info to go: Read more about electrical safety by clicking on the Info to Go safety links at www.SafeSupervisor.com

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Company Fined After Worker Burned by Arc Flash

A Saskatoon company has been fined $22,400 in connection with a worker’s injury in an arc flash incident. Diversified Electric Ltd. pleaded guilty to failing to ensure that a worker used appropriate PPE while working close to an exposed energized electrical conductor.

It also pleaded guilty to failing to ensure that all work was sufficiently and competently supervised.

The company was fined $16,000 and ordered to pay victim fine surcharges of $6,400 in connection with the incident, which caused a worker to suffer serious burns at a Saskatoon worksite in July 2008.

Info to go: Read more about electrical safety by clicking on the Info to Go safety links at www.SafeSupervisor.com

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