OSHA watch

Limited extension of the compliance dates for Beryllium Standard

A proposed rule to extend the compliance date for “certain ancillary requirements of the general industry beryllium standard” from March 12 to Dec. 12, 2018 was published in the federal registrar.

However, the proposed extension does not delay enforcement for the following requirements in general industry:

  • Permissible exposure limits (PELS)
  • Exposure assessment
  • Respiratory protection
  • Medical surveillance
  • Medical removal protection provisions
  • Any provisions where the compliance dates in the standard take effect in 2019 and 2020

For the construction and shipyard industries, only the permissible exposure limits and short-term exposure limit are being enforced until there is additional rulemaking.

 

New fact sheet outlines whistleblower protections for workers in nuclear industry

A new “Whistleblower Protection for Nuclear Industry Workers” fact sheet outlines retaliation protection for certain employees who report potential violations of the Energy Reorganization Act or the Atomic Energy Act.

 

New webpage provides safety information on workplace chemicals

The new Occupational Chemical Database compiles information from several government agencies and organizations into one online resource. The webpage includes chemical identification and physical properties, permissible exposure limits (PELs), and sampling information. Chemicals can be searched by name or identification number, or grouped by PEL, carcinogenic level, or whether they pose an immediate threat when inhaled.

 

MIOSHA targets blight removal projects to protect workers from asbestos and other hazards

The Michigan Occupational Safety and Health Administration (MIOSHA) relaunched its state emphasis program (SEP) that increases MIOSHA presence on blight removal projects across the state to address hazards such as asbestos and lead. The SEP will be in effect through February 28, 2019.

 

Enforcement notes

California

  • California OSHA issued six citations and $48,095 in penalties to Tobin Steel Company, Inc., after a worker sustained serious injuries while operating an unguarded press brake machine. Citations include failure to: conduct and document required inspections, test and maintain power-operated presses, train workers on amputation hazards, and provide adequate machine guarding.

Florida

  • Crown Roofing LLC, based in Sarasota, faces $149,662 in proposed fines for exposing employees to fall hazards at a Jupiter worksite.
  • Inspected as part of the National Emphasis Program on Trenching and Excavation, Douglas N. Higgins Inc., a South Florida utility contractor, faces $18,659 in proposed penalties for exposing employees to cave-in and other hazards at a Naples worksite. The agency previously cited the contractor for violations in January 2017 when three employees succumbed to toxic gases while working in a manhole and again in May 2018 after a steel plate fell on and fatally injured an employee.

Georgia

  • An administrative law judge of the OSHRC reinstated a citation and a $7,000 fine against an electrical services company, Smyrna-based Action Electric Co. Inc., after a federal appellate court reversed another judge’s decision to vacate the citation. The judge noted, “An Action Electric employee died from the failure of Action Electric to properly implement (lockout/tagout) procedures for inspection of the cooling machine and counterweight components.”
  • An administrative law judge of the OSHRC affirmed Gainesville-based Prime Pak Foods Inc. safety fines and approved the Secretary of Labor’s request to dismiss the company’s contest notice because it was filed after the 15-day deadline to do so. Prime Pak “argues its neglect is excusable because it was denied advance notice of the citation and the right to have counsel served with the citation,” noted the ruling, which emphasizes that notices are sent “to employers,” per federal legislation.

Maine

  • After multiple investigations and citations, a Maine roofing contractor operating as Lessard Roofing & Siding Inc. and Lessard Brothers Construction Inc. was ordered by the U.S. Court of Appeals for the 1st Circuit to implement a comprehensive safety and training program after receiving repeated citations for exposing workers to falls. The owner, Stephen Lessard, was also ordered to produce substantial documentation that will demonstrate the extent to which he is able to pay $389,685 in outstanding fines.

Michigan

  • An OSHRC administrative law judge vacated a defense contractor’s safety citation and proposed fine after determining officials could not prove negligence in a case involving a stack of heavy boxes containing vehicle parts that fell on a worker. A warehouse employee of Sterling Heights-based General Dynamics Land Systems Inc. was seriously injured when seven crates containing 94-pound struts fell on him from a stack as he was inventorying them.

Minnesota

  • Minnesota OSHA issued eight citations and $366,150 in penalties to Gateway Building Systems, Inc., after a worker suffered a fatal fall from a grain elevator. Inspectors determined that the company failed to: ensure workers were using correct anchorage points, install proper decking and guarding over an expanded platform, and provide overhead protection for workers.

Wisconsin

  • Appleton roofing contractor Hector Hernandez was cited again after inspectors observed employees exposed to falls and other safety hazards at two Wisconsin job sites. Proposed penalties are $120,320.

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