OSHA watch

Temporary enforcement policy on monorail hoists in construction

Employers whose monorail hoists fail to comply with requirements in the Crane and Derricks in Construction Standard will not be issued citations as long as they adhere to other regulations, according to a recent memorandum.

The temporary enforcement policy notes stakeholders identified gaps in the standard regarding monorail hoists, which typically are mounted on scaffolding systems, trucks or trailers. They are used to lift items such as mechanical equipment, precast concrete components and oil/propane storage tanks. Employers still need to comply with the overhead hoist and general training standards. General industry requirements for monorail hoists remain in effect.

New guide will help small businesses comply with silica rule for general industry and maritime

A Small Entity Compliance Guide for General Industry and Maritime to help small business employers comply with the Final Rule to Protect Workers from Exposure to Respirable Crystalline Silica describes the steps that employers are required to take to protect employees in general industry and maritime from the hazards associated with silica exposure.

Window cleaning association creates safety guide for workers

Through its alliance with OSHA, the International Window Cleaning Association has developed a guide for protecting the safety and health of window cleaners. The mobile-friendly guide offers best practices on identifying and avoiding fall, chemical, electrical and other hazards workers face on the job.

Fact sheet explains requirements to protect residential construction workers from confined space hazards

A new fact sheet explains how the Confined Spaces in Construction standard affects common spaces in residential construction, such as attics, basements, and crawl spaces. The fact sheet, developed after consultation with the National Association of Home Builders, and a detailed Frequently Asked Questions document, clarify some of the standard’s provisions and their application to residential construction work.

Construction organization publishes new heat hazard alert

A new heat hazard alert published by CPWR-The Center for Construction Research and Training, reviews heat hazards and the steps to prevent heat illness while working in hot weather. Extreme heat causes more deaths than any other weather-related hazard.

Publication on preventing injuries in the electric power industry now available

The electric power industry has released a case study to show the integral part safety and health programs play in keeping electrical workers safe on the job.

New webpage for HAZWOPER

Intended to help workers and employers involved with the Hazardous Waste Operations and Emergency Response Standard (1910.120) for construction and general industry, the webpage includes links to background information on HAZWOPER and corresponding standards, as well as resources for general businesses, worker preparedness, and training.

Enforcement notes

California

Chevron Corp. has settled workplace safety and health citations issued in relation to a 2012 refinery fire for more than $1 million. The negotiated settlement requires Chevron to institute measures, estimated over $20 million, to ensure process safety at the Richmond refinery, to develop and implement criteria and procedures to monitor equipment to alert operators when equipment should be replaced, and to provide specialized hands-on training on incident command situational awareness and hazard recognition for all Chevron Fire Department personnel.

Oakland-based Attic Pros Inc. was ordered to pay $2,109,480 in wages, liquidated damages and waiting time penalties for 119 workers who were misclassified as independent contractors, and $1,481,600 for civil penalties according to the state Labor Commissioner’s Office.

Florida

Ann Arbor-based Douglas N. Higgins Inc. and its related contracting company, Florida-based McKenna Contracting L.L.C. were issued 10 serious violations with total proposed penalties of $119,507 after three employees died from exposure to toxic gases in a manhole at a Florida worksite. Among others, the citations included failing to purge or ventilate a confined space before entry, exposing workers to an asphyxiation hazard and not providing necessary rescue and emergency equipment for employees overcome inside a permit-required confined space.

Georgia

An administrative law judge of the U.S. Occupational Safety and Health Review Commission upheld citations and a total of $6,013 in penalties assessed against Atlanta-based Empire Roofing Company of Georgia Inc. whose employees were not wearing fall protection. The company had appealed the citations and proposed fines, contending that the employees’ failure to tie off was the result of unpreventable employee misconduct and that all employees were appropriately trained. But the judge ruled that the employer did not meet the burden to use the defense, which requires “more rigorous” proof of employee misconduct since supervisors have a duty to protect their employees.

After several appeals, a safety citation against Smyrna-based Action Electric Co., for failure to affix a personal lockout or tagout device while servicing a client’s equipment that resulted in a fatality was upheld by a federal appeals court. The company contested the citation arguing that the lockout/tagout standard did not apply because the equipment that caused the fatality was not the equipment that its employees were servicing, and that its employees were only looking at the fans, not working on them, at the time of the incident. The Department of Labor responded that the cooling bed constituted one discrete mechanical system for the purposes of lockout/tagout rules, which would require employees to control the energy of the entire cooling bed before conducting work on it that could expose them to danger. The federal 11th Court of Appeals reinstated the citation noting employers are capable of determining the appropriate scope of their LOTO protocols and that it did not matter whether the employees were working on equipment or merely observing it.

Michigan

Following two reports of finger amputations on machines and an employee complaint alleging numerous safety hazards, the MIOSHA issued citations with penalties totaling $263,000 to AJM Packaging in Taylor.

Minnesota

Rahr Malting Co. in Shakopee faces $52,800 in penalties for safety violations identified after a worker was fatally injured in January. Inspectors issued four serious citations after determining that it failed to control potentially hazardous energy and provide point-of-operation machine guarding.

New Jersey

Delair-based Aluminum Shapes LLC, an aluminum manufacturing company with a long history of noncompliance has been cited for 51 safety and health violations and proposed penalties of $1,922,895. Willful violations included: provide appropriate personal protective equipment, conduct air monitoring prior to permit-required confined space entry, have an attendant during permit-required confined space entry, complete a required confined space entry permit to identify, evaluate and control hazards in the space, provide confined space training, utilize proper Lockout/Tagout (Control of Hazardous Energy) Procedures and training.

Ohio

Amsted Rail Company Inc., a manufacturer of cast steel freight components, faces $610,034 in proposed penalties for six repeat, 19 serious and five other-than-serious safety and health violations after investigators found workers at its Groveport plant exposed to machine hazards and silica. The company has been placed in the Severe Violator Enforcement Program.

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