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Wal-Mart Admits Guilt in Young Worker’s Death

Wal-Mart Admits Guilt in Young Worker’s Death
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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

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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

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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

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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

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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:

  • What is your responsibility in case of fire— to report the fire, fight it or leave the
  • building?
  • Where are fire alarms located?
  • Where are fire extinguishers located?
  • Do your workers know how to use them, and on what kinds of fires?
  • Do your workers know how to use other fire emergency equipment such as fire blankets, hoses and sprinklers?
  • What safety procedures should workers carry out in case of a fire? Are they responsible for shutting down equipment or operations before they leave?
  • Do workers know where they are supposed to meet for a head count after leaving the plant?
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