OSHA Watch 2

Guidance to ensure uniform enforcement of Silica Standards

compliance directive was issued, designed to ensure uniformity in inspection and enforcement procedures when addressing respirable crystalline silica exposures in general industry, maritime, and construction. The directive provides compliance safety and health officers with guidance on how to enforce the silica standards’ requirements and provides clarity on major topics, such as alternative exposure control methods when a construction employer does not fully and properly implement Table 1, variability in sampling, multi-employer situations, and temporary workers.

Trenching webinar

A webinar on trench safety hosted by the agency and the American Society of Safety Professionals is available free online.

Recent fines and awards

Florida

  • Inspected under the Regional Emphasis Program for Falls in Construction, CJM Roofing Inc., based in West Palm, was cited for exposing employees to fall and other hazards at three residential worksites in Jensen Beach and Port St. Lucie. The contractor faces penalties totaling $199,711.
  • Inspected under the Regional Emphasis Program for Falls in Construction, Action Roofing Services, Inc., based in Pompano Beach, was cited for exposing employees to fall hazards at a worksite in Boca Raton, Florida. The roofing contractor faces $51,952 in penalties.
  • Two construction contractors, CMR Construction & Roofing LLC of Panama City, and Modern Construction Experts LLC of Stuart, were cited for failing to protect employees from fall hazards at a construction worksite in Panama City. The two companies face $126,169 in penalties. An employee fatally fell 84 feet while working on the roof of a hotel.
  • After receiving notice of an employee hospitalized after a trench collapse, an inspection was initiated at Florida Progress LLC, operating as Duke Energy Florida LLC. The Charlotte, North Carolina-based electric power distributor faces $53,976 in penalties for exposing employees to excavation hazards at a Zephyrhills, Florida, worksite.

Georgia

  • Norfolk Southern Railway Corp. has been ordered to reinstate and pay more than $150,000 in back wages for whistleblower violations after terminating an employee for reporting an on-the-job injury at its Atlanta facility, and also filing an alleged violation report with the Federal Railroad Administration (FRA). The company was also ordered to pay the employee $75,000 in punitive damages, $10,000 in compensatory damages, and attorney’s fees.
  • Inspected under the National Emphasis Program on Trenching and Excavation, Construction Management & Engineering Services Inc. was cited for exposing employees to excavation hazards at a Duluth worksite. The Norcross-based construction contractor faces $134,937 in penalties.

Illinois

  • Grain firm Farmers Elevator Co., Manteno, received citations for two willful and three serious violations and a fine of $205,106 after a worker died at its Grant Park facility when he fell into a grain bin. The company was placed in the Severe Violator Enforcement Program.

Nebraska

  • A federal appeals court confirmed a serious citation issued to Jacobs Field Services North America Inc. for failing to ensure “appropriate” personal protective equipment was worn by an electrician who was seriously burned. While the company argued that the work area was “deenergized” and fell under an “Electrically Safe Work Condition,” as well as unpreventable employee misconduct, the judge found the company had violated the standard requiring PPE when “there are potential electrical hazards.”

For additional information.

For Cutting-Edge Strategies on Managing Risks and Slashing Insurance Costs visit www.StopBeingFrustrated.com

OSHA Watch 1

New resources – COVID-19

 

California becomes first state to adopt standard to protect agricultural employees working at night

A new workplace safety standard to protect agricultural employees who work at night became effective July 1 and will be enforced by Cal/OSHA. It’s designed to protect agricultural workers who harvest, operate vehicles, and do other jobs between sunset and sunrise.

Judge rejects AFL-CIO lawsuit calling for emergency temporary standard on infectious disease

The U.S. Court of Appeals for the District of Columbia Circuit on June 11 rejected an AFL-CIO lawsuit calling on the Department of Labor and OSHA to issue an emergency temporary standard on infectious diseases.

Virginia is creating COVID-19 emergency workplace standard

The state’s Safety and Health Codes Board voted June 24 to create an emergency temporary standard, which essentially requires employers to follow CDC guidelines or face fines. The proposed standards are expected to go into effect July 15.

DOL Inspector General review of OSHA actions during pandemic

Faced with mounting criticism about the agency’s response to the pandemic, the Department of Labor Office of the Inspector General issued a three-page report on June 17. The report notes responding to the “significant increase” in worker and whistleblower complaints during the COVID-19 pandemic, along with completing inspections and investigations, all in a timely manner, are among the challenges facing OSHA and the Mine Safety and Health Administration, given the limited resources available. OSHA has six months to issue a citation and proposed penalties.

Employers’ injury, illness data is public information

Data from Form 300A is not confidential and there are no restrictions on its dissemination according to a court ruling from the U.S. District Court for the Northern District of California. The ruling stemmed from a lawsuit made by the nonprofit news organization Center for Investigative Reporting under the Freedom of Information Act, seeking information from OSHA Forms 300A, 300 and 301 forms. The agency no longer collects information from Forms 300 and 301.

For Cutting-Edge Strategies on Managing Risks and Slashing Insurance Costs visit www.StopBeingFrustrated.com

Coronavirus and OSHA: important updates

Backtracks on recordability of COVID- 19

Interim guidance reversed previous guidance that COVID-19 transmission in the workplace would be considered a recordable injury. Under the new guidance, the recordability of COVID-19 for non-frontline employers will be enforced only if there is objective evidence that the case may be work-related without an alternative explanation and the evidence was reasonably evident to the employer.

Employers in areas where there is ongoing community transmission “other than those in the health care industry, emergency response organizations (e.g., emergency medical, firefighting and law enforcement services) and correctional institutions” generally will not be required to record COVID-19 cases because they “may have difficulty making determinations about whether workers who contracted COVID-19 did so due to exposures at work.”

The non-exempt employers must continue to make work-relatedness determinations and record on their 300 logs positive cases of COVID-19 likely to have been acquired on the job that result in death, days away from work, restricted work, or medical treatment beyond first aid.

 

Enforcement relief of many regulatory obligations for employers demonstrating “good faith efforts”

In an April 16 memo area offices and inspectors were given the discretion to assess an employer’s good-faith efforts to comply with standards that require annual or recurring audits, reviews, training or assessments, and take such efforts “into strong consideration” before issuing a citation during the current pandemic. Inspectors are directed to evaluate if employers:

  • Explored all options to comply with applicable standards (e.g., use of virtual training or remote communication strategies)
  • Implemented interim alternative protections, such as engineering or administrative controls
  • Rescheduled required annual activity as quickly as possible

The memo lists examples of situations in which area offices should consider enforcement discretion, including annual audiograms, hazardous waste operations training, construction crane operator certification, and periodic evaluation for respirator use.

 

Guidance for manufacturing sector

Guidance for the manufacturing sector offering strategies to prevent the spread of coronavirus was recently released. The guidance recommends that manufacturing companies stagger shifts, maintain distances of six feet between employees if possible, allow workers to wear masks, and provide training on the proper donning and doffing of personal protective equipment and clothing. Manufacturers are also urged to promote personal hygiene and provide alcohol-based hand rubs of at least 60% alcohol if handwashing access is not available and provide disinfectants and disposable towels for employees to clean work surfaces. The guidance is available in English and Spanish.

 

New safety alerts: retail sector, construction, package delivery workers

new safety alert provides nine tips for employers and workers at pharmacies, supermarkets, big-box stores, and other retail establishments to help reduce the risk of contracting and spreading COVID-19. The guidance is also available in Spanish.

A new safety alert provides guidance to help protect construction workers from exposure to coronavirus. It is available in English and Spanish.

Tips to protect package delivery workers are addressed in a new safety alert. English Spanish

 

Guidance for meatpacking and processing industries

coronavirus-related interim guidance developed with the CDC for meatpacking and meat processing workers and employers, including those involved in beef, pork and poultry operations, has been released. The interim guidance includes information on cleaning of shared meatpacking and processing tools, screening employees for the coronavirus before they enter work facilities, managing workers who are showing symptoms of the coronavirus, implementing appropriate engineering, administrative, and work practice controls, using appropriate personal protective equipment and practicing social distancing at the workplace.

 

Worker exposure risk chart

To help determine workers’ risk level for exposure to COVID-19, a chart of a four-tiered hierarchy based on occupational risk was developed. It shows what measures to take to protect workers based on industry and contact with others. The levels are:

Very high: Health care and morgue workers performing aerosol-generating procedures on or collecting/handling specimens from potentially infectious patients or bodies of individuals known to have, or suspected of having, COVID-19 at the time of death.

High: Health care delivery and support, medical transport, and mortuary workers exposed to confirmed or suspected COVID-19 patients or bodies of individuals known to have, or suspected of having, COVID-19 at the time of death.

Medium: Individuals who may have contact with the general public, including anyone employed in schools, high-population/density work environments, and some high-volume retail settings. This category also includes workers returning from locations with widespread COVID-19 transmission.

Lower (caution): Individuals who have minimal occupational contact with the public and other co-workers.

 

Inspectors prioritizing health facilities over other sites during coronavirus crisis

Recent guidance directs inspectors to focus on inspecting hospitals, nursing homes, laboratories, and other “high-risk” settings that are the subject of complaints by workers. Fatalities and imminent-danger exposures related to the pandemic will take priority for onsite inspections. So many employee complaints have been made that letters requiring a response are no longer sent, but employers are sent a letter notifying them about a complaint and directing them to agency guidance and additional resources on how to address COVID-19 risk. On the other hand, Cal/OSHA and other state plans are sending out traditional letters requesting a response within five working days.

 

Employers reminded of whistleblower protections for COVID-19 complaints

The number of coronavirus-related whistleblower complaints prompted a press release reminding employers they cannot retaliate against workers who report unsafe working conditions. The press release lists forms of retaliation, including firings, demotions, denials of promotion or overtime, and reductions in pay or hours. Reports are that there have been thousands of COVID-19-related inquiries and complaints.

 

Further easing of regulations related to respiratory protection

On April 3, two interim enforcement guidance memos were issued regarding the Respiratory Protection Standard (1910.134) and certain other health standards. The reuse of N95 respirators and the use of expired N95s will be allowed if certain conditions are met.

The second memo allows for the use of filtering facepiece respirators and air-purifying elastomeric respirators certified by other countries or jurisdictions, under certain performance standards. The enforcement guidance applies to all industries, especially workplaces where respiratory protection is impacted by the shortage and health care personnel are exposed to suspected or confirmed COVID-19 patients.

third memo was released on April 24 providing guidance on reusing disposable N95 filtering facepiece respirators (N95 FFRs) that have been decontaminated.

 

Poster aimed at reducing workplace exposure to the coronavirus

A new poster listing steps all workplaces can take to reduce the risk of exposure to coronavirus is available in twelve languages.

 

COVID-19 quick tips videos

Three new animated videos provide quick tips on social distancing, disinfecting workplaces, and industry risk factors to keep workers safe from COVID-19:

Social distancing

Disinfecting workplaces

Industry risk factors

For OSHA updates visit https://www.osha.gov/SLTC/covid-19/ .

 

Cal/OSHA new guidance on COVID-19 in the workplace

Industry-specific guidance and ATD model plans have been released. The industry-specific guidance includes:

As general guidance, Cal/OSHA’s website also includes interim guidelines for general industry.

 

Guidance and resources from state OSHA programs

California

Indiana

Michigan

Minnesota

North Carolina

Tennessee

Virginia

For additional information and resources on Coronavirus, go to the Duncan Financial Group COVID-19 Resource Center Online

For Cutting-Edge Strategies on Managing Risks and Slashing Insurance Costs visit www.StopBeingFrustrated.com

 

OSHA watch

Citation penalties increase for inflation

Effective January 15, the DOL increased civil penalty amounts for violations to adjust for inflation by 1.01764%. Here are the new maximum penalties:

Type of Violation Penalty Minimum Penalty Maximum
Serious $964 per violation $13,494 per violation
Other-than-Serious $0 per violation $13,494 per violation
Willful or Repeated $9,639 per violation $134,937 per violation
Posting Requirements $0 per violation $13,494 per violation
Failure to Abate N/A $13,494 per day unabated beyond the abatement date (generally limited to 30 days)

Coronavirus resource

An online resource on a new coronavirus outbreak that includes a link to the Centers for Disease Control and Prevention interim guidance, quick facts about the outbreak, and information on preventing exposures is available.

Letter of interpretation addresses headphones in workplace

Although there is no specific regulation that prohibits the use of headphones on a construction site or any other workplace, there are permissible noise exposure limits under the Hearing Protection standard and employers must protect employees subject to sound levels exceeding these limits. While the letter acknowledges that some manufacturers promote their products as “OSHA-approved” or “OSHA-compliant,” these are misleading as the agency does not register, certify, approve, or otherwise endorse commercial or private sector entities, products, or services. It further cautions that the use of headphones may produce a safety hazard by masking environmental sounds that need to be heard and it is the employer’s responsibility to protect workers from such hazards.

Earthquake safety resource

A new Earthquake Hazard Alert focuses on keeping emergency response workers safe.

Recent fines and awards

California

  • In Nolte Sheet Metal Inc. v. Occupational Safety and Health Appeals Board, the Court of Appeals, 5th District in Fresno unanimously affirmed citations for four serious violations, although the file prepared by the Cal/OSHA office on the day of the inspection was later taken during a car burglary. The company had argued it did not consent to an inspection, the lack of the original inspection file amounted to spoliation and denied the company due process, and the violations were improperly classified as serious.

Georgia

  • In Packers Sanitation Services Inc. v. Occupational Safety and Health Review Commission, the 11th U.S. Circuit Court of Appeals in Atlanta unanimously upheld an administrative law judge’s finding that the company failed to protect its employees from dangerous machinery.

Florida

  • The U.S. Court of Appeals for the 11th Circuit has found a Jacksonville-based roofing contractor, Travis Slaughter owner of Great White Construction Inc. and Florida Roofing Experts Inc, in contempt for failing to pay $2,202,049 in penalties. The court ordered the companies and Slaughter to pay the outstanding penalties of $2,202,049 plus interest and fees, and required them to certify that they had corrected the violations within 10 days of the court’s order. If the companies and Slaughter fail to comply, they face coercive sanctions, including incarceration and other relief the court deems proper.
  • In addition to the above, Florida Roofing Experts Inc. was cited for failing to protect workers from falls at two work sites in Fleming Island and one in Middleburg. Roofing Experts Inc. faces penalties totaling $1,007,717.
  • Inspected under the Regional Emphasis Program for Falls in Construction, CJM Roofing Inc., based in West Palm, was cited for exposing employees to fall and other hazards at three residential worksites in Royal Palm Beach and Port St. Lucie. The contractor faces penalties totaling $291,724.
  • An employee of Shooting Gallery Range Inc. in Orlando will receive $30,000 in back pay and compensatory damages under a whistleblower settlement. The employee alleged he was fired for reporting safety concerns relating to lead exposure.

Illinois

  • Goose Lake Construction Inc. was cited after an employee suffered serious injuries when an unprotected trench collapsed, burying him up to his waist at a Glencoe, worksite. Proposed penalties are $233,377.

Massachusetts

  • National retailer, Target Corp., was cited for emergency exit access hazards at stores in Danvers and Framingham and faces a total of $227,304 in penalties.

Pennsylvania

  • Webb Contractor Corp. was cited for exposing employees to fall hazards at three separate worksites in the Lehigh Valley area. Inspected after a compliance officer observed employees performing residential roofing work without protection, the roofing contractor, based in Bala Cynwyd, faces $605,371 in penalties.
  • Metarko Excavating LLC was cited for exposing employees to trenching hazards at a Cranberry Township worksite. The company faces $59,311 in penalties.
  • Philadelphia Energy Solutions was cited for serious violations of safety and health hazards related to process safety management (PSM) following a fire and subsequent explosions at the company’s Girard Point Refinery Complex in Philadelphia. The company faces $132,600 in penalties.

Wisconsin

  • Milwaukee Valve Company Inc., based in Prairie du Sac, was cited for exposing employees to lead and copper dust at rates higher than the permissible exposure levels. Proposed penalties are $171,628.

For additional information.

For Cutting-Edge Strategies on Managing Risks and Slashing Insurance Costs visit www.StopBeingFrustrated.com

OSHA: A review and look ahead

Unlike other agencies, such as the EPA, OSHA has not experienced the scale back in enforcement and rulemaking that was expected under the Trump administration. Most attribute this to the fact that there is still no Assistant Secretary of Labor – the longest vacancy ever for the top job at OSHA. Given the present political climate and election year activity, few expect the position to be filled during this final year of President Trump’s first term.

In addition, two vacancies on the Occupational Safety and Health Review Commission (OSHRC) meant that it could not issue decisions since March 28, 2019, because it did not have a quorum. However, it can now resume its work because the Senate confirmed Cynthia Attwood and Amanda Wood Laihow by voice vote Jan. 9, 2020.

What’s been unexpected?

  • No reduction in enforcement emphasis programs. OSHA continues to implement the same number of national (NEP) and regional (REP) emphasis programs as under the Obama administration.
  • Number of inspections has increased. While the number of compliance officers (CSHO) is lower, the number of inspections in 2019 was 33,401, compared to 31,948 in 2016. Although this means the average CSHO’s hours per inspection is lower, it demonstrates a continued commitment to enforcement.
  • Average penalty per serious violation increased dramatically. Under $1,000 in 2009, the average penalty per serious violence reached a high of $5,232 in 2019.*
  • Records for the number of $100,000 penalty cases. In the first year of the Trump administration, there was a record-setting 218 cases with penalties of over $100,000. Last year it was 179 and the three years average is 199 cases, compared to a high of 202 cases in 2011 and an average of 168 cases under the Obama administration.*
  • Little change in the percentage of inspections that result in a serious, willful, or repeat violation. If an employer gets a knock on the door, there’s a very good chance that at least one serious, willful, or repeat violation will be issued. For the past two years, only 28% of inspections closed as “in compliance.” For those that were not in compliance, 87% had at least one serious, willful, or repeat violation in 2017 and 2018 and 86% in 2019.*
  • No let-up on repeat violations. Under the Obama administration, there were significant changes that increased the likelihood of a repeat violation. Workplaces in a corporate family were no longer treated as independent establishments, but as one workplace; in the guidance document, the Federal Operations Manual, the look back period was extended from 3 to 5 years, and there was proactive targeting of past violators for inspections. These practices have not changed. In fact, in 2018 OSHA successfully defended the case, Triumph Construction Corporation v. Secretary of Labor and the U.S. Court of Appeals for the Second Circuit ruled that OSHA is not bound by any look-back period on which to base a repeat violation, a significant expansion of the scope of repeat classifications.

    However, there was one bright spot for employers. In July 2018, the OSHRC issued its decision in Secretary of Labor v. Angelica Textile Services, Inc., providing employers guidance on rebutting repeat violations and clarifying the defenses that employers may have in combating repeat violations. Although the violations involved the same standards of LOTO and confined spaces, the OSHRC found that they were not “substantially similar” because the original violations involved wholesale deficiencies and the company had taken significant abatement actions, and therefore, the conditions differed. OSHA, however, remains committed to repeat violation enforcement, and the case is on appeal to the Second Circuit.

  • Increases in budget. Typically under a Republican administration there are budget cuts to limit enforcement, yet the budget has been increased twice with a 4% increase for FY20, including the enforcement category.
  • Penalties keep rising. Under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, the maximum allowable penalty amount for OSHA violations is adjusted annually. The latest increase occurred on Jan. 15, 2020. The maximum penalty for “willful” or “repeat” violations is now $134,937 and the maximum fine for serious, other-than-serious, failure-to-correct (per day), and posting-requirement violations increase is $13,494.
  • Criminal prosecutions continue. Two Department of Justice (DOJ) memos that expanded worker safety criminal prosecutions issued by former AG Sally Yates continue to be enforced by AG William Barr. The first relates to individual accountability for corporate wrongdoing and the second encourages the DOJ to use other environmental laws with more teeth and longer statute of limitations to prosecute worker safety crimes.
  • Site Specific Targeting Plan implemented. In Oct 2018, OSHA initiated the Site-Specific Targeting 2016 inspection program (SST-16) that uses the injury and illness data electronically submitted by employers in 2016. These are tough wall-to-wall inspections. The SST list includes 3,000 establishments and 1,000 inspections have already been conducted.*

Scale back in rules and public shaming

  • The first significant deregulation action was the overturning of the Volks rule by Congress under the Congressional Review Act in 2017. The Volks rule gave OSHA the ability to issue citations to employers for failing to record work-related injuries and illnesses during the 5-year retention period.
  • There also was a scale back of the e-recordkeeping rule, adopted in January 2019, that eliminated the requirement for the largest establishments (250+ employees) to annually submit electronically 300 Logs and 301 Incident Reports. However, the rule did not roll back as many provisions as expected, notably the anti-retaliation provision and public reporting concerns.
  • There has been a slowdown in rulemaking. Some rules moved to “long term actions,” including the Process Safety Management (PSM) Standard, Drug Testing Program and Safety Incentive Rules, and Combustible Dust.
  • There’s been a significant decrease in the number of enforcement press releases issued by OSHA, which can be inflammatory and issued before employers have an opportunity to respond. In 2019, 176 press releases were issued, compared with an average of 463 per year under the Obama administration.* However, the tone hasn’t reverted to the factual reporting of the Bush administration but has remained aggressive.

A look ahead

Inspections

It is projected that the number of inspections will remain steady or rise slightly as the budget includes funding for an additional 26 FTE CSHOs and five FTE whistleblower investigators. Expect to see an aggressive continuation of the SST-16 program that targets non-construction workplaces with 20 or more employees with elevated Days Away Restricted or Transferred (DART) rate, together with a random sample of low-rate establishments and those that did not submit the required electronic data.

The top four priorities are investigation of imminent danger, fatality and catastrophe investigations, response to complaints, and programmed inspections, such as SST and emphasis programs. In Oct. 2019, for the first time since 2015, OSHA changed the weighting system it uses for inspections:

  • Group A, criminal and significant cases (those where fines total more than $180,000): 7 Enforcement Units (EUs)
  • Group B, fatalities and catastrophes (hospitalization, amputation, physical loss of an eye), chemical plant National Emphasis Program, process safety management inspections: 5 EUs
  • Group C, the “fatal four” – caught-in, electrical, fall and struck-by hazards: 3 EUs (expect an uptick in construction industry inspections under this group)
  • Group D, priority hazards: amputation, combustible dust, heat, non-PEL overexposures, workplace violence, permit-required confined space, air contaminants, noise, and site-specific targeting: 2 EUs
  • Group E: everything else: 1 EU.

With these priorities, employers can expect to see more six-figure penalties.

Rulemaking

  • LOTO. Many employers were relieved when the term “unexpected energization” was not removed from the LOTO standard as proposed; however, OSHA left open the door to remove it in the future. In May 2019, the agency issued an RFI seeking input on control circuit type devices and robotics, but to date, OSHA has not provided updates on rulemaking action. There has been an uptick in requests for variances from businesses to consider safe robotic systems as energy-isolating devices. This is an opportunity to change the standard beneficially to reflect technological advances and bears watching.
  • Silica rule. The silica standard requires that medical surveillance must be offered to employees who will be exposed at or above the action level for 30 or more days a year starting on June 23, 2020. Employers with silica present need to document objective data that they do not have exposures at or above the action level under any circumstances.

    It’s anticipated that the recently requested feedback on expanding table 1 of the standard will result in additional engineering and work practice control methods that effectively limit silica exposure for the tasks and equipment currently listed in the table.

  • Beryllium. The compliance date for ancillary provisions in the beryllium standards for construction and shipyards is September 30, 2020. Enforcement of the engineering controls in the general industry standard starts March 10, 2020.
  • Workplace violence. OSHA plans to initiate a Small Business Regulatory Enforcement Fairness Act review panel that will begin an effort to create a standard designed to address workplace violence in the healthcare and social services industries.
  • Other. Other possible new rulemakings will deal with powered industrial trucks, walking-working surfaces rule to clarify its requirements for stair rail systems, cranes and derricks in construction, communication tower safety, welding in construction confined spaces, occupational exposure to beryllium and beryllium compounds in construction and shipyard sectors, and updates to the Hazard Communication Standard.

*Conn Maciel Carey webinar, Annual OSHA Update: 2019 in Review and 2020 Forecast

Note: The information above applies to OSHA in federally mandated states. If you are located in a state where a state agency enforces the OSH Act, the information may differ.

 

OSHA alert: Form 300A deadlines approaching

This month, all employers required to keep Form 300, the Injury and Illness Log, should be reviewing the Log to verify that entries are complete and accurate and correcting any deficiencies. The information can potentially be used to target inspections; therefore, employers should carefully ensure they submit accurate records.

Two important dates are approaching:

Form 300A posting deadline: February 1, 2020

The annual summary of injuries and illnesses recorded on OSHA Form 300A, Summary of Work-Related Injuries and Illnesses, must be posted where notices are customarily located in workplaces, no later than February 1, 2020, and kept in place until April 30.

For the forms

For access to Online OSHA 300/300A/301 reporting software: OSHA 300 Software

Form 300A electronic submission deadline: March 2, 2020

Under the electronic record-keeping rule, establishments with 250 or more employees that are currently required to keep OSHA injury and illness records, and establishments with 20-249 employees that are classified in certain industries with historically high rates of occupational injuries and illnesses must submit the form electronically to OSHA by March 2, 2020, using the Injury Tracking Application on OSHA’s website. OSHA began accepting forms on Jan. 2, 2020.

Remember, not all establishments with 250 or more employees need to submit their OSHA 300A data electronically. To review which establishments are exempt, click here.

Important note: In reporting 2019 data, establishments must now provide their Employer Identification Numbers (EIN). You’ll want to have that ready as you go to fill out the Injury Tracking Application.

What has to be recorded?

When an accident occurs, an employer must document a recordable injury or illness on the OSHA Form 300 log within seven days. Employers should pay careful attention to their logs and the work-relatedness of safety incidents, particularly in light of the electronic submission rule. Some employers tend to focus on medical treatment or days away from work, rather than beginning with – was this work-related? The OSHA Regulation 29 C.F.R. §1904.7 contains an in-depth overview of recordable injuries and illnesses. Additional information on determining medical treatment and first aid can be located at 29 C.F.R. §1904.7(b)(5).

Standard interpretations on recordkeeping issued in 2019 include:

A Form 300 log is required for each physical establishment location that is expected to be in operation for at least one year. Form 300A summarizes the total number of fatalities, missed workdays, job transfers or restrictions, and injuries and illnesses as recorded on Form 300. Even if there were no recordable incidents in 2019, companies required to maintain records still must post (and electronically submit, if applicable) the summary with zeros on the total lines. Copies should be made available to any employee who might not see the summary (such as a remote employee who works from home).

A company executive, as defined by OSHA, must certify the summary. Employers must keep the records for five years following the calendar year covered by them, and if the employer sells the business, he or she must transfer the records to the new owner.

For Cutting-Edge Strategies on Managing Risks and Slashing Insurance Costs visit www.StopBeingFrustrated.com

OSHA watch

Comments sought on possible revision to silica standard

request for information was published August 15 in the Federal Register for input on potential revisions to Table 1 of the respirable crystalline silica standard for construction. Table 1 includes the task or equipment, engineering / work practice control methods, and required respiratory protection / minimum assigned protection factors for all shifts. The deadline to comment is Oct. 15.

New webpage on leading indicators

A new webpage is aimed at helping employers use leading indicators to improve their health and safety programs.

Employers reminded to submit Form 300A data

media release reminds employers who have not already done so to submit their 2018 Summary of Work-Related Injuries and Illnesses (Form300A). The deadline was March 2.

Access FREE electronic OSHA 300 Recordkeeping Software that creates the OSHA required data transmission file for online reporting here.

New way to track OIG recommendations

The Department of Labor Office of Inspector General has launched a Recommendation Dashboard website showing the status of its 235 recommendations for 12 agencies, including OSHA and the Mine Safety and Health Administration.

Recent fines and awards

California

  • Garden Films Productions LLC, based in Culver City, was cited for failing to protect employees from hazards while filming a movie in Norcross, Georgia and faces penalties of $9,472.

Florida

  • L N Framing Inc. was cited for exposing employees to fall hazards at a Jacksonville worksite and faces $58,343 in penalties.
  • Point Blank Enterprises Inc., operating as The Protective Group in Miami Lakes, was cited for exposing employees to amputation and other safety hazards and faces $92,820 in penalties.
  • Brad McDonald Roofing & Construction Inc. was cited for exposing employees to fall and other safety hazards at two construction sites in Lutz and Palmetto. The residential and commercial roofing work company faces $274,215 in penalties.

Georgia

  • Atlanta Kitchen LLC was cited for exposing employees to amputation, silica, and other safety and health hazards at its Decatur manufacturing facility. The countertop manufacturer faces $132,604 in penalties.

New York

  • Arbre Group Holding, doing business as Holli-Pac Inc., was cited for willful and serious violations of workplace safety and health standards at its Holley facility. The company, which packages frozen fruits and vegetables for retailers, faces a total of $200,791 in penalties.

Indiana

  • Five Star Roofing Systems Inc., based in Hartford City, was cited for repeatedly exposing employees to fall hazards while performing roofing work at a commercial building site in Lake Barrington, Illinois. The company faces $220,249 in penalties.

Missouri

  • H. Berra Construction Co., based in St. Louis, was cited for exposing employees to excavation and trenching hazards at a residential construction site in Saint Charles, and faces penalties of $143,206.
  • Missouri Cooperage Company LLC, a subsidiary of Independent Stave Company, was cited for exposing employees to amputation, noise, and other safety and health hazards at the spirits and wine barrel-making facility in Lebanon, and faces $413,370 in penalties.

Pennsylvania

  • A federal judge in the U.S. District Court has awarded $1,047,399 in lost wages and punitive damages to two former employees of a Montgomeryville-based manufacturer, Lloyd Industries, after a jury found the company and its owner fired them in retaliation for their participation in a federal safety investigation.
  • New Finish Construction, LLC, based in Fairchance, must pay $25,000 in fines for safety violations that led lead to the death of a worker. An ALJ of OSHRC affirmed two citations relating to working near energized sources, but vacated three citations and their accompanying penalties.

Tennessee

  • The Tennessee Valley Authority (TVA) was ordered to reinstate a former employee who was placed on paid administrative leave, and then later terminated in retaliation for raising nuclear safety concerns and pay $123,460 in back wages and interest, and $33,835 in compensatory damages, as well as attorney fees.

Wisconsin

  • Choice Products USA LLC was cited for continually exposing employees to machine safety hazards at the cookie dough manufacturing facility in Eau Claire. The company faces $782,526 in penalties, and was placed in the Severe Violator Enforcement Program.

For additional information.

For Cutting-Edge Strategies on Managing Risks and Slashing Insurance Costs visit www.StopBeingFrustrated.com

OSHA watch

Anti-retaliation provisions of electronic record-keeping rule survives employer challenge

An Occupational Safety and Health Review Commission (OSHRC) administrative law judge’s decision to reject two defenses offered by the U.S. Postal Service to a citation preserves the controversial anti-retaliation provisions under its electronic record-keeping rule. The USPS allegedly issued a seven-day working suspension to a carrier because he reported a work-related injury. The USPS argued that the alleged standard and/or penalties were invalid because they were beyond the legal power or authority of OSHA and/or were arbitrary and capricious.

Process Safety Management standard extended beyond hazardous chemicals in ruling

Legal experts warn that a recent OSHRC ruling regarding safety violations in a deadly oil refinery explosion in 2012 could have wider implications for companies dealing with highly hazardous chemicals. OSHRC affirmed 12 violations of Process Safety Management standard by Wynnewood Refining Co, which argued the PSM was never intended to include processes that do not manage such chemicals – such as the steam boiler involved.

Prior to this ruling, it was widely understood that utilities unrelated to the manufacturing process were not included in the requirements for PSM. Experts say it is unclear how far the standard extends now.

Social media campaign to educate young workers

#MySafeSummerJob, a social media campaign to educate young workers about their rights in the workplace, how to speak up about dangerous work conditions, and how to protect themselves on the job, was launched in concert with several worker safety organizations. From April 15 through May 17 outreach will promote safety among young workers. Check out materials and ideas at the #MySafeSummerJob website.

Regional construction safety campaign shifts focus to falls

In concert with the Mid-Atlantic Construction Safety Council, a four-month campaign was launched to address the four leading causes of fatal injuries in construction. In March, the campaign focused on electrical hazards, and during April the emphasis was on struck-by hazards. This month is falls, and caught-in / between hazards will be the focus in June. The campaign serves employers and employees in Delaware, the District of Columbia, Maryland, Pennsylvania, Virginia, and West Virginia.

Email OSHA-Focus4-Region3@dol.gov for more information.

OSHRC finalizes revisions to its procedural rules

The OSHRC has finalized what it calls “comprehensive” revisions to its procedural rules, in part to reflect technological advances. Slated to take effect June 10, the changes include mandatory electronic filing for “represented” parties and a new method intended to streamline calculating time periods.

Proposal to watch: joint employer revisions

The Department of Labor announced a proposal to “revise and clarify” the issue of joint employers. The department is proposing a four-factor test “based on well-established precedent” that would consider whether the potential joint employer actually exercises the power to hire or fire the employee; supervise and control the employee’s work schedules or conditions of employment; determine the employee’s rate and method of payment; and maintain the employee’s employment records.

The proposal could differ from the interpretations put forth by other federal agencies and would not nullify regulations promulgated by individual states that have different standards.

The public has 60 days from April 1 to comment on the proposal.

Webpage on radiation emergency preparedness and response launched

A webpage intended to educate workers about how to protect themselves in radiation-related situations ranging from a small, isolated spill in a laboratory to a potentially catastrophic release at a nuclear facility is now live. The Radiation Emergency Preparedness and Response webpage provides resources on health and safety planning, medical monitoring and dosimetry, and other relevant topics for workers “who may be impacted by radiation emergencies” or “who may be involved in emergency response operations or related activities.”

Cal/OSHA proposing to re-adopt emergency rules for e-filing injury reports

Emergency rules were adopted Nov. 1, 2018 and the re-adoption would give additional time to proceed with regular rulemaking on a permanent basis. In addition to requiring electronic reporting for companies with at least 250 workers, the rules require businesses with 20 to 249 employees in industries such as construction, manufacturing and agriculture to electronically file injury logs.

A notice for proposed permanent rules is expected to be published by May 10.

MIOSHA launches emphasis program on roadway accident

The state emphasis program on roadway accidents will run through December 31, 2019 and is intended to increase the priority of inspections related to construction roadway safety and initiate inspections upon observing a roadway project with workers present.

Enforcement notes

California

  • Cal North Farm Labor Inc., a farm labor contractor and Crain Walnut Shelling Inc. face more than $100,000 combined in proposed penalties after a worker was fatally crushed by a bin dumper at a walnut processing and packing facility in Los Molinos.
  • Staffing agency Priority Workforce Inc. and JSL Foods Inc., a maker and distributor of pasta and baked goods face more than $300,000 in fines for serious citations after a temporary worker lost two fingers cleaning machinery at a Los Angeles food manufacturing facility.
  • Accurate Comfort Systems Inc. received four citations and faces $75,750 in penalties after a worker suffered serious injuries in a fall from a ladder on a 12-foot-high work area.

Florida

  • Inspected as part of the Regional Emphasis Program on Falls in Construction, Florida Roofing Experts, Inc. faces $132,598 in fines after inspectors observed workers performing residential roofing activities without fall protection.

Georgia

  • Investigated under the National Emphasis Program on Trenching and Excavation, Riverside Military Academy Inc., a military college preparatory academy in Gainesville, was cited for exposing employees to trenching hazards, faces $381,882 in penalties, and was placed in the Severe Violator Enforcement Program. Citations included allowing employees to work inside a trench without cave-in protection and a safe means to enter and exit the excavation, and failing to locate underground utilities prior to work.
  • Specialty chemical manufacturer, Plaze Aeroscience, operating as Plaze GA, was cited for exposing employees to fire and burn hazards at the company’s facility in Dalton and faces $107,164 in penalties.

Michigan

  • Mt. Clemens-based Powder Cote II received seven citations and faces $65,000 in penalties for failing to provide fall protection or guardrail systems, guard rotating shafts and machinery, and failing to control the startup of machinery during maintenance.

New York

  • Remington Arms, LLC, based in Madison, North Carolina was cited for 27 violations of workplace safety and health standards and faces $210,132 in penalties after a worker’s fingertip was amputated while using an unguarded metalworking machine at its Ilion manufacturing plant.

Pennsylvania

  • Framing contractor, Navy Contractors, Inc. was cited for willfully exposing employees to fall hazards at residential construction sites in Royersford, Collegeville, and Center Valley after inspections saw employees working without fall protection. The company faces $603,850 in penalties.
  • A jury in the U.S. District Court for the Eastern District has found that Lloyd Industries Inc., a manufacturing company based in Montgomeryville, and its owner William P. Lloyd unlawfully terminated two employees because of their involvement in a safety investigation. Damages will be determined in phase 2 of the trial.
  • A jury has concurred with the findings of a whistleblower investigation and awarded $40,000 for lost wages, pain and suffering, and punitive damages to a former employee of Fairmount Foundry Inc. The employee claimed that the Hamburg iron-casting company terminated him for reporting alleged safety and health hazards.
  • New Jersey contractor, Brutus Construction, Inc. was cited for exposing workers to fall hazards at a Souderton residential construction site. Inspectors saw employees working on roofs without fall protection and the company faces nearly $182,000 in penalties.

Wisconsin

  • A follow-up inspection revealed that Beloit-based Avid Pallet Services, LLC, failed to correct violations related to wood dust and respiratory hazards. The company faces penalties of $188,302.

For additional information.

For Cutting-Edge Strategies on Managing Risks and Slashing Insurance Costs visit www.StopBeingFrustrated.com

OSHA watch

2020 budget proposal

President Trump’s proposed budget calls for a $300,000 increase in the agency’s budget, but includes an increase of almost $4 million for safety enforcement and workplace inspections and the number of full-time equivalent workers at the agency will increase by 33. Whistleblower protection is also slated to receive an extra $1.1 million, and the number of federal inspections budgeted in 2020 is projected to rise by about 300 to 33,133.

Six states sue over electronic reporting rollback

Illinois, Maryland, Massachusetts, Minnesota, New Jersey and New York are challenging the “illegal and unjustified attempt to roll back (the regulation’s) requirements for the public reporting of workplace injuries and illnesses…” in State of New Jersey v. R. Alexander Acosta. The states allege the Administrative Procedure Act was violated when the agency changed its course without a “reasonable explanation” for its new policy.

Input on powered industrial trucks sought

Request for Information published in the March 11 Federal Register seeks input to aid in a possible update of the powered industrial trucks standard (1910.178). This standard covers forklifts, fork trucks, tractors, platform lift trucks and motorized hand trucks, among others.

Comments on the RFI are due by June 10.

New trenching and excavation videos

A free 11-minute video highlighting the importance of soil classification when planning trenching and excavation work has been released in English and Spanish.

The Region 6 Training Institute Education Centers recently released a video on trenching and excavation safety. The one-hour video addresses best practices, cave-in protection, resources and other hazards workers encounter in trenching.

Registration is required to access the video.

Revised webpages address safety in the agriculture and maritime industries

The Agricultural Operations webpage was revised to make it easier for users to find safety information on agriculture-related hazards, such as grain bins and silos, heat, machinery, pesticides, and other chemicals.

The revised Maritime Industry webpage offers compliance materials, training information, and other resources to eliminate hazards in longshoring and marine terminals, commercial fishing, and shipyards.

Enforcement notes

California

  • Santa Ana-based Aardvark Clay & Supplies Inc., a ceramics firm, faces more than $250,160 in penalties for willful failure to properly guard equipment after an employee was fatally entangled in a clay manufacturing machine. Although the manufacturer had provided safety guards for the machinery, the employer removed the guards.
  • Underground Construction Co., Inc. of Benicia received three citations and proposed penalties of $27,000 after two of its employees contracted Valley Fever. The workers were exposed to the fungal disease while using hand tools to dig trenches in Kings, Fresno and Merced counties-areas where the soil is known to contain harmful spores that cause the infection.
  • West Coast Land and Development Inc., based in Concord, faces fines of $26,540 for eight violations after a worker was crushed to death by vertically stacked plywood at a San Rafael construction site.

Florida

  • Two contractors, PCL Construction Services Inc. and Universal Engineering Sciences, were cited for safety violations after two employees suffered fatal injuries at a worksite for the new JW Marriott Hotel in Orlando. Inspectors found the contractors failed to inspect formwork, shoring, working decks, and scaffolds properly prior to construction to ensure that the equipment met the required specified formwork drawings. The contractors collectively received three violations totaling $157,792 in proposed penalties, including one willful citation to PCL.
  • The Higgins Group Corp., operating as Higgins Premium Pet Foods, faces $95,472 in penalties for exposing employees to amputation, fall, and other safety hazards at its facility in Miami.
  • Ammunition manufacturer, AMTEC Less Lethal Systems Inc., faces $188,290 in penalties for multiple serious violations, and a willful violation after an explosion fatally injured two workers at the company’s Perry facility.
  • Brinker Florida Inc., operator of a Chili’s Grill and Bar restaurant in Doral, was cited for exposing employees to burns, falls, and other hazards after an employee suffered burns when falling from an unguarded platform into a hot water bath. The company faces proposed penalties totaling $62,513.
  • Roofing and waterproofing contractor, TarHeel Corp., faces $32,013 in penalties for failing to provide employees with fall protection systems and to properly train their employees after an employee suffered fatal injuries in a fall at the Forest Glen Community in Naples.
  • Venice-based Olin Landscaping faces $16,102 in penalties for failing to protect employees from heat-related illnesses and injuries and failing to report a workplace fatality to OSHA within 8 hours, as required.

Georgia

  • Inspected under the National Emphasis Program (NEP) on Trenching and Excavation, Corley Contractors Inc., based in Dallas, faces $106,078 in penalties for exposing employees to excavation hazards while installing water and sewer lines at a worksite in Acworth.
  • Inspected under the Regional Emphasis Program on Lead, U.S. Battery Manufacturing Co. is facing $115,594 in fines for exposing workers to lead, unguarded machinery, and other safety hazards at its facility in Augusta.

Massachusetts

  • The DOL has filed a lawsuit against Boston-based contractor Tara Construction Inc. and its chief executive officer, Pedro Pirez, alleging that they retaliated against an injured employee by facilitating his arrest. The worker incurred a serious injury when he fell from a ladder and reported it to DOL. The Department alleges that shortly after the employee engaged in protected activities, the defendants initiated a law enforcement investigation and facilitated the employee’s detainment by U.S. Immigration and Customs Enforcement.

Nebraska

  • Western Engineering Company Inc. faces $89,032 in penalties when an employee suffered fatal injuries after being pulled into an unguarded slat/drag conveyor at the company’s North Platte asphalt plant. Serious violations related to machine guarding, lockout tagout, confined spaces, and air monitoring.

Pennsylvania

  • Warminster-based Etna Construction Inc. faces $208,560 in fines for failing to protect its workers against trenching hazards at a Philadelphia worksite.

Virginia

  • Virginia Occupational Safety and Health issued 12 citations and $528,692 in penalties to T.D. Fraley & Sons, Inc., after a worker who was removing scaffolding sections received an electric shock from contact with a power line.

Wisconsin

  • Nemak USA Inc., based in Sheboygan, faces penalties of $26,520 for two serious health violations, the maximum penalty allowed by law, for exposing workers to metalworking fluids used on aluminum after three employees were diagnosed with occupational hypersensitivity pneumonitis, a debilitating lung disease.
  • In Secretary of Labor v. Packers Sanitation Services Inc., an administrative law judge with the OSHRC held that Packers Sanitation Services, based in Kieler, failed to guard a quill puller machine and ensure walking services were safe for employees and upheld the assessment of nearly $20,000 in citations.
  • A follow-up inspection of Avid Pallet Services LLC of Beloit found that the company failed to implement sufficient engineering controls to limit dust exposure, as well as train employees on the health hazards of wood dust. The company faces penalties of $188,302 for repeat, serious, and other-than-serious safety and health violations.

For additional information.

For Cutting-Edge Strategies on Managing Risks and Slashing Insurance Costs visit www.StopBeingFrustrated.com

OSHA watch

“Good-faith” employers get grace period to comply on crane operator documentation requirements

The requirement that employers must evaluate their operators before allowing them to operate cranes independently is being enforced, but employers making good-faith efforts to comply have a 60-day grace period, according to the enforcement guidance effective on Feb. 7. Employers who have evaluated operators in accordance with the final rule, and are making good-faith efforts to comply with the new documentation requirement are offered compliance assistance, in lieu of enforcement. The grace period ends April 15.

New bulletin for workers wearing devices containing lithium batteries

A new Safety and Health Information Bulletin warns employers and workers of potential fire and explosion hazards stemming from lithium batteries used to power small or wearable electronic devices.

New video on ammonium nitrate emphasis program

A new YouTube video deals with inspections under the ammonium nitrate emphasis program.

Employers urged to prevent worker exposure to carbon monoxide

Employers are reminded to take necessary precautions to protect workers from the potentially fatal effects of carbon monoxide exposure. To reduce the risk of exposure, employers should install an effective ventilation system, use carbon monoxide detectors, and take other precautions as described in the Carbon Monoxide Fact Sheet.

Other resources include videos (in English and Spanish), QuickCards (English) (Spanish)and a fact sheet on portable generator safety.

Alert to Nebraska employers: Increase in amputation injuries

A review of Nebraska workers’ compensation claims found 42 employees suffered amputation injuries in 2018, and employers failed to report more than 65 percent of those injuries within 24-hours, as required. The National Emphasis Program for Amputations targets inspections at workplaces with machinery and equipment that cause, or are capable of causing, amputations. Information and resources are available to help employers identify and eliminate workplace hazard.

Enforcement notes

California

  • Solus Industrial Innovations, a plastics manufacturing plant in Rancho Santa Margarita was cited for willfully, knowingly and intentionally maintaining an unsafe and hazardous work environment after two workers were killed in an explosion caused by a water heater that was never intended for commercial use. The case was referred to the local district attorney’s office and a $1.6 million judgment was obtained in a civil case.
  • Platinum Pipeline Inc., based in Livermore, received a $242,600 fine after a worker died when a trench built for a storm drain project collapsed.
  • A joint venture of Shimmick Construction Co. Inc., of Oakland and San Francisco-based Con-Quest Contractors Inc. faces a $65,300 fine after a worker was fatally struck by a steel beam in 2018 while working on a light rail tunnel project in San Francisco.

Connecticut

  • The U.S. District Court for the District of Connecticut ordered Eastern Awning Systems Inc., a manufacturer of retractable fabric patio awnings based in Watertown, and its owner Stephen P. Lukos to pay a total of $160,000 to two discharged employees who filed safety and health complaints. The judgment also requires the employer to provide neutral letters of reference for the two discharged employees, and to post the judgment and notice of employees’ rights prominently at the workplace.

Florida

  • Inspected under the Regional Emphasis Program for Falls in Construction, Crown Roofing LLC was cited for exposing employees to fall hazards at two separate residential worksites in Port St. Lucie and Naples. The Sarasota-based contractor faces penalties of $265,196. It has been inspected 17 times in the past five years and 11 inspections have resulted in repeat violations.
  • OSHRC affirmed two serious violations, and reinstated one stemming from an inspection of gas line work – overturning an administrative law judge’s decision – and increased the fine from $5,500 to $9,000 against Dade City-based Florida Gas Contractors Inc.

Georgia

  • Hilti Inc., a hardware merchant wholesaler, was cited for exposing employees to struck-by hazards after an employee was injured while operating a forklift at a distribution center in Atlanta. The Plano, Texas-based company faces penalties of $164,802.
  • Eye Productions Inc., a motion picture company, was cited for failing to provide adequate head protection during stunts while filming the “MacGyver” show in Chattahoochee Hills. Proposed penalties total $9,472.

Massachusetts

  • In Secretary of Labor v. HRI Hospital Inc. d/b/a Arbour-HRI Hospital, an administrative law judge vacated a citation that HRI Hospital Inc., based in Brookline, failed to adequately protect its employees from being physically assaulted by patients.

Minnesota

  • In Secretary of Labor v. SJ Louis Construction of Texas Ltd. (a division of SJ Louis Construction Inc., of Rockville, Minnesota), the ALJ determined that SJ Louis, an underground utilities contractor, failed to construct a trench in Cypress, Texas, in compliance with regulations and failed to provide employees proper egress. A penalty of $36,000 was assessed.

Pennsylvania

  • U.S. District Court for the Eastern District has entered a consent judgment ordering Blown Away Dry Bar and Salon, based in Kennett Square, to pay a $40,000 settlement to a fired hair stylist. Investigators determined the defendants retaliated against the employee when her husband reported workplace safety and health hazards to OSHA, a violation of the (OSH) Act.
  • An administrative law judge of the OSHRC affirmed a general duty clause citation against Brooke Glen Behavioral Hospital’s facility in Fort Washington for exposing its employees to workplace violence, as well as a $12,471 penalty.
  • KidsPeace Inc. was cited for exposing employees to workplace violence hazards at two behavioral and mental health facilities in Orefield. The company faces proposed penalties totaling $29,010.

Tennessee

  • Hankook Tire Company received 11 citations and faces $85,200 in penalties for failure to conduct periodic crane inspections, provide adequate personal protective equipment for workers handling hazardous chemicals, ensure that proper lockout/tagout procedures were followed, and guard machinery.

For additional information.

For Cutting-Edge Strategies on Managing Risks and Slashing Insurance Costs visit www.StopBeingFrustrated.com