Charges Laid in Triple Fatality at BC Mushroom Farm
Charges have been laid against two companies and four people in connection with the deaths of three workers at a Canadian mushroom farm in September 2008.
Ut Tran, Jimmy Chan and Ham Pham died as a result of a gas leak, while two other workers, Phan and Thang Tchen, suffered severe and irreversible brain damage as a result of inhaling hydrogen sulfide and ammonia.
The men were working in a pump house built above a mushroom composting waste water pit at a mushroom farm in Langley, BC, near Vancouver.
The 20-month investigation by 25 investigators was the most exhaustive ever undertaken by WorkSafeBC, according to spokeswoman Donna Freeman. As a result, 29 counts under British Columbia’s Workers’ Compensation Act and Occupational Health and Safety Regulations have been levied against A-1 Mushroom Substratum Ltd. and HV Truong Ltd. and four company employees.
Charged are company owners Ha Quan Truong and Van Thi Truong, director Vy Tri Truong and supervisor Thinh Huu Doan. The maximum penalty that could be imposed for a first offence is six months in jail and a fine of nearly $620,000.
Several of the charges allege failure to protect the health and safety of workers and also failure to address hazardous workplace conditions. They also allege failure to identify a confined space by a sign or other effective means to identify a hazard and prevent entry by unauthorized workers.
Read MoreJuly 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].
Read MoreDrug Company Charged in Worker’s Death
The Nova Scotia Department of Labour has laid five OHS charges against a drug manufacturer following the October 2008 death of a technician who was exposed to a chemical compound, trimethylsilyldiazomethane.
Trimethylsilyldiazomethane is highly flammable and toxic if inhaled or swallowed. Worker Roland Daigle, 46, died in hospital after being exposed to the chemical while performing a test at his workstation at a Sepracor Canada Ltd. plant in Windsor, NS.
Sepracor Canada Ltd. has been charged with failing to ensure that adequate PPE was in place in a work area; failing to ensure that an adequate venting system was in place, failing to ensure that an employee was instructed in the safe use of the chemical and the safe handling of the chemical, and failing to ensure that no person disturbed an accident scene.
The company is no longer owned by Massachusetts-based Sepracor. It was sold to a Japanese firm last year.
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Common Chemicals Can’t be Treated Casually
Solvents, thinners and other fl ammable products including acetone, alcohol, benzene, gasoline, glycol, kerosene, methanol, mineral spirits, naphtha, toluene and turpentine, are used every day by businesses.
Workers may also have contact with these chemicals when working with products such as adhesives, carpet glues, cleaning fl uids, epoxy resins, hardeners, lacquers, paints, primers and asphalt or coal tar.
But when handled improperly, these products put workers at significant risk for health problems, along with the possibility of being caught in fires or explosions. The Nova Scotia department of Labour and Workforce Development has issued a hazard alert regarding solvents, thinners and other flammables.
Fire/explosion hazards include the possible buildup of vapors in poorly ventilated areas. These vapors can cause fires or explosions in the presence of sparks, open flames or even static electricity.
Static electricity may be generated when fabrics, such as clothes or rags, are rubbed together, or when a liquid passes through a pipe or opening or splashes into a container.
The hazard alert recommends using grounding and bonding as a method for safely dealing with static electricity. Bonding involves connecting two or more conductive objects with a conductor, such as a copper wire.
When bonded together, both objects will share the same charge. Grounding involves connecting one or more conductive objects to the earth using a ground wire to continuously discharge a conductive object to ground.
Another serious hazard involves inhalation of vapors from organic solvents and other flammable products. Such exposure over time can cause cancer, along with liver, kidney, heart and brain damage.
Solvents are also easily absorbed through the skin. They can cause skin disease and other serious effects when they enter the body.
The following preventive measures are suggested in the hazard alert:
- Workers must strictly follow manufacturers’ instructions in material safety data sheets (MSDSs) and on container labels.
- All equipment and containers must be properly grounded or bonded to eliminate static charge.
- Adequate ventilation is required.
- All open fl ames and sources of ignition that may be present in the area must be assessed and controlled.
- All equipment present in the area should be fire-resistant and explosion-proof.
- Adequate product-specifi c information relating to potential hazards must be relayed to workers.
- Workers must be trained in and provided with appropriate respiratory protection where needed and its use must be ensured.
- Where needed, a respirator program must be instituted for the proper selection, use and maintenance of respirators.
- Where needed, protective gloves or cream barriers must be used to prevent direct skin contact with these products.
- Whenever possible, the use of less hazardous products is recommended.
OSHA Issues Enforcement Guidance for PPE in General Industry
OSHA has issued enforcement guidance for personal protective equipment in general industry—a directive that provides OSHA’s enforcement personnel with instructions for determining whether employers have complied with OSHA PPE standards.
OSHA issued a final rule on employer payment for PPE in November 2007. The rule required employers in general industry, shipyard employment, longshoring, marine terminals and construction to provide most types of required PPE at no cost to workers.
The directive clarifies what type of PPE employers must provide at no cost and when employers are required and not required to pay for PPE. It also provides guidance that allows employers to use PPE that complies with current consensus standards and updates PPE enforcement policies based on court and review commission decisions.
The PPE standards require employers to provide workers with protective equipment such as goggles and face shields that fit properly without restricting vision; earplugs and earmuffs when they will reduce noise to acceptable levels and respirators to protect workers from exposure to air contaminants.
The guidance also lists PPE and other items exempt from the employer payment requirements and includes questions and answers useful in clarifying PPE payment concerns.
Info to go: For more information on PPE requirements, click on the Info to Go safety links at www.SafeSupervisor.com
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