Month: April 2022

Sunshine Mine Disaster: 50 Years Later

Posted on by McCraren Compliance

First published by MSHA

A disaster that devastated a community and changed the mining industry

Map of enforcemment Regional offices

Tom Flory (middle) survived the Sunshine Mine Fire in May 1972 after being trapped 1600 meters underground​.

Today marks the 50th anniversary of the day that changed the mining industry forever.

On Tuesday, May 2, 1972, at about 11:40 a.m., a fire broke out at the Sunshine Mine in Kellogg, Idaho. Smoke and carbon monoxide quickly filled the area in which the majority of the 173 miners were working. At 12:03 p.m., an evacuation was ordered after mine managers were unable to pinpoint the location of the fire. Ninety-one men perished due to carbon monoxide exposure, 80 escaped, and only two were rescued after a week of being entombed about 1,600 meters underground.

At that point in history, the Sunshine Mine fire was the largest disaster in the hard-rock mining industry since the 1917 mine fire at the Speculator Mine in Montana. The Sunshine fire exposed weaknesses in the administrative setup of the safety and health program for metal and nonmetal miners and, as a result, served as the catalyst for the Mine Safety and Health Act of 1977 (Mine Act). To this day, the Mine Act still governs MSHA activities and has substantially decreased the number of mining fatalities.

Today we remember and honor the miners who lost their lives in this tragic event, and we remain committed to our mission to prevent death, illness, and injury from mining and promote safe and healthy workplaces for the industry’s greatest resource – miners.

McCraren Compliance offers many opportunities in safety training to help circumvent accidents. Please take a moment to visit our calendar of classes to see what we can do to help your safety measures from training to consulting.

MSHA – Mine Fatality #5

Posted on by McCraren Compliance

First published by MSHA

MINE FATALITY – On January 26, 2022, a dump truck rolled backward onto a 54 year-old miner while the miner was attempting to troubleshoot a brake issue.  The dump truck operator was unaware that the miner was under the truck when he released the parking brake, allowing the dump truck to roll backward.

Accident scene where a dump truck rolled backward onto a 54 year-old miner while the miner was attempting to troubleshoot a brake issue.
Photo: MSHA
Best Practices: 
  • Block machinery or equipment against hazardous motion before performing repairs or maintenance.
  • Communicate with mobile equipment operators and assure they acknowledge your presence, before traveling near mobile equipment.  Do not assume that mobile equipment operators know that you are in the vicinity.
Additional Information:

This is the 5th fatality reported in 2022, and the first classified as “Powered Haulage.”

McCraren Compliance offers many opportunities in safety training to help circumvent accidents. Please take a moment to visit our calendar of classes to see what we can do to help your safety measures from training to consulting.

US Department of Labor to Mark Workers Memorial Day

Posted on by McCraren Compliance

First published by OSHA

Remembering lives lost; stress the high cost of ignoring workplace safety, health standards

Online event to be broadcast live on April 28 from Washington

WASHINGTON – Each year, the families and friends of fallen workers, and organizations, including the U.S. Department of Labor and its Occupational Safety and Health Administration sadly observe April 28 as Workers Memorial Day.

On average, 13 workers die as a result of workplace injuries every day in the U.S. While far fewer than before the Occupational Safety and Health Act of 1970 laid the foundation to better protect worker safety and health, the nation continues to confront the enormous challenge of making sure every worker ends their shift safely.

In communities across the nation, the people these workers left behind come together to remember them and raise their voices in the hope that – by helping others understand the nature and impact of their tragic losses – the hard work of preventing others from sharing their pain can be done.

To mark the observance, Secretary of Labor Marty Walsh will join with OSHA and some of those scarred by workplace tragedies at the department’s headquarters in Washington on April 28 for an online national Workers Memorial Day ceremony at 1 p.m. EDT.

“Workers Memorial Day allows us to remember those whose lives were claimed by their jobs, in too many instances, because required safety precautions were not taken to prevent tragedy,” said Assistant Secretary for Occupational Safety and Health Doug Parker. “Every year, thousands of workers are unable to return home to their families and their communities because workplace safety and health were overlooked. We must never underestimate the importance of ensuring OSHA requirements are met and followed as the law requires. As we are sadly reminded again, peoples’ lives depend on it.”

The event will include remarks from the following guests:

  • Jesse Stolzenfels, a coal miner at the Sago Mine in West Virginia, where an explosion and collapse claimed the lives of his 12 co-workers in 2006.
  • Rena Harrington, whose son was fatally injured in 2018 at a Massachusetts construction site.
  • Alejandro Zuniga, an advocate with the Houston-based Faith and Justice Worker Center, who will discuss workers’ rights and the impact of worker fatalities on their families and communities.

As part of its commemoration, OSHA representatives from across the country will participate in local Workers Memorial Day events in April and stand with families, workers, labor unions, advocates, and others as they honor fallen workers and raise awareness of workplace safety to help prevent future tragedies.

Find a local Workers Memorial Day event near you.

McCraren Compliance assists employers in protecting their workers, starting with a comprehensive Work-site Analysis, Hazard Prevention, Controls, and Safety & Health Training.

Please contact us today at 888-758-4757 to learn how we can provide mine safety training and consulting for your business.

FMCSA Declares Pennsylvania-Licensed Driver an Imminent Hazard to Public Safety

Posted on by McCraren Compliance

First published by FMCSA

WASHINGTON – The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) has declared Pennsylvania-licensed commercial vehicle driver Elwood M. Roberson to be an “imminent hazard” to public safety and ordered him to immediately cease operating any commercial motor vehicle (“CMV”) in interstate commerce.  Mr. Roberson was served the Federal order on April 25, 2022.

On February 11, 2022, Mr. Roberson was operating a CMV transporting propane, a hazardous material, on River Road in Manor Township, Pennsylvania.  Mr. Roberson crossed the center line of the road and side-swiped an on-coming vehicle.  Mr. Roberson was taken into custody and administered a blood alcohol test by the Manor Township Police Department.  Mr. Roberson’s blood alcohol content was 0.21, more than five times the 0.04 legal limit for CMV drivers.  Under the Federal Motor Carrier Safety Regulations (FMCSRs), drivers with a commercial driver’s license (CDL) are subject to a variety of prohibitions on use of alcohol prior to and while driving CMVs, including a prohibition on using any alcohol within four hours of driving and a prohibition on driving with an alcohol concentration of .04 or greater.

Mr. Roberson is now listed as prohibited in FMCSA’s Drug and Alcohol Clearinghouse and faces possible criminal charges in Pennsylvania.

FMCSA’s imminent hazard order states that Mr. Roberson “failed to exercise an appropriate duty of care to the motoring public while operating a CMV that was transporting propane, a hazardous material. Specifically, [he] ignored FMCSRs relating to alcohol use and the safe operation of a CMV. These violations and blatant disregard for the safety of the motoring public demonstrated by these actions substantially increases the likelihood of serious injury or death to [him] and the motoring public if not discontinued immediately.”

Failing to comply with the provisions of the Federal imminent hazard order may result in civil penalties of up to $2,072.  Knowing and/or willful violations may result in criminal penalties.

A copy of the imminent hazard order issued to Elwood M. Roberson is available here.

McCraren Compliance can help you understand and comply with FMCSA, USDOT and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

Call us Today at 888-758-4757 or email us at info@mccrarencompliance.com to schedule your free FMCSA Compliance Assessment.

DOL to hold virtual meeting to solicit public input on OSHA whistleblower program improvements

Posted on by McCraren Compliance

First published by OSHA

Photo: OSHA

Agency seeks comments on healthcare worker retaliation concerns

WASHINGTON – The U.S. Department of Labor’s Occupational Safety and Health Administration will hold a virtual meeting May 18, 2022, to solicit public comments and suggestions on issues facing OSHA’s Whistleblower Protection Program.

This is the ninth in a series of meetings on how the agency can improve the whistleblower program, particularly concerning healthcare workers.

Open to the public, the meeting will be held from 1 p.m. to 4 p.m. ET via telephone and virtually via Zoom. The agency will provide Spanish language translation during the meeting. Those interested in joining or participating in the meeting must register in English or Spanish by May 11, 2022. There is no fee to register.

OSHA is seeking comments on:

  1. How can OSHA deliver better whistleblower customer service?
  2. What kind of assistance can OSHA provide to help explain the agency’s whistleblower laws to employees and employers?
  3. What can OSHA do to ensure that healthcare workers are protected from retaliation for raising concerns related to COVID-19?

Submit comments at the Federal eRulemaking Portal and identify using Docket No. OSHA-2018-0005. The deadline for submitting comments is May 11, 2022. Read the Federal Register notice for details.

Learn more about OSHA’s Whistleblower Protection Program.

McCraren Compliance assists employers in protecting their workers, starting with a comprehensive Work-site Analysis, Hazard Prevention, Controls, and Safety & Health Training.

Please contact us today at 888-758-4757 to learn how we can provide mine safety training and consulting for your business.

‘Take-home toxins’: Study shows construction workers may be putting family at risk

Posted on by McCraren Compliance

First published by Safety+Health an NSC publication

Boston — Construction workers are at increased risk of unintentionally tracking various toxic metals from the jobsite into their homes – potentially putting family members at risk, results of a recent study show.

Researchers from Boston University’s School of Public Health and Harvard University’s T.H. Chan School of Public Health visited the homes of 27 workers (21 in construction) who had at least one child to collect dust samples and make observations. They identified and measured for 30 different toxic metals. The workers completed a questionnaire regarding work- and home-related practices that could affect exposure.

Results showed that the construction workers’ homes had higher concentrations of arsenic, chromium, copper, manganese, lead, nickel and tin dust than the homes of the other workers, who had janitorial or automobile repair jobs.

The higher concentrations were associated with worker factors such as lower education, not having a work locker to store clothes, mixing work and personal items, not having a place to launder clothes, and not washing hands and changing clothes after work.

The researchers say the new data underscores the need for more proactive and preventive measures to reduce so-called “take-home toxins,” including policies, resources and education for workers and their families.

“Many professions are exposed to toxic metals at work, but construction workers have a more difficult job implementing safe practices when leaving the worksite because of the type of transient outdoor environments where they work, and the lack of training on these topics,” lead study author Diana Ceballos, an assistant professor of environmental health and director of the Exposure Biology Research Laboratory at BU, said in a press release. “It is inevitable that these toxic metals will migrate to the homes, families and communities of exposed workers.”

Ceballos adds that the issue is compounded when construction workers live in disadvantaged communities or substandard housing that may already contain toxic metals.

The study is scheduled to be published in the June issue of the journal Environmental Research.

McCraren Compliance assists employers in protecting their workers, starting with a comprehensive Work-site Analysis, Hazard Prevention, Controls, and Safety & Health Training.

Please contact us today at 888-758-4757 to learn how we can provide mine safety training and consulting for your business.

US Department of Labor announces proposal to reconsider, revoke final approval of Arizona’s State OSHA Plan after pattern of failures

Posted on by McCraren Compliance

First published by OSHA

Concerns about state’s commitment to worker safety, health led to federal action

WASHINGTON – The U.S. Department of Labor today announced a proposal to reconsider and revoke the final approval of Arizona’s State OSHA plan, in response to nearly a decade-long pattern of failures to adopt and enforce standards and enforcement policies at least as effective as those used by the department’s Occupational Safety and Health Administration.

State plans are OSHA-approved job safety and health programs operated by individual states rather than federal OSHA. The OSH Act encourages states to develop and operate their programs. OSHA approves and monitors all state plans, and provides up to 50 percent of each program’s funding.

OSHA has grown increasingly concerned that actions by the Arizona State OSHA Plan suggest the state is either unable or unwilling to maintain its commitment to provide a program for worker safety and health protection as the OSH Act requires. Arizona has, for example, failed to adopt adequate maximum penalty levels, occupational safety and health standards, National Emphasis Programs and – most recently – the COVID-19 Healthcare Emergency Temporary Standard.

If OSHA determines that a state plan is failing to comply with its obligation to remain at least as effective as OSHA, the agency may initiate proceedings to revoke final approval, and reinstate federal concurrent authority over occupational safety and health issues covered by the state plan.

The proposal is available for public inspection at the Federal Register, and will be published on April 21. With its publication, OSHA marks the start of the revocation process. The notice makes no substantive changes to the Arizona State Plan, nor does it give federal OSHA the authority to enforce occupational safety and health standards in Arizona.

Submit comments on the proposal by May 26, 2022. If necessary, OSHA will hold an online hearing on Aug. 16, 2022 at 10 a.m. EDT. Those interested in testifying or questioning witnesses must submit a notice of their intention by May 11, 2022.

Once OSHA has considered comments during the 35-day comment period, and reviewed testimony and evidence collected in the event of a hearing, the agency will publish a second Federal Register notice announcing its decision on revocation of final approval.

McCraren Compliance assists employers in protecting their workers, starting with a comprehensive Work-site Analysis, Hazard Prevention, Controls, and Safety & Health Training.

Please contact us today at 888-758-4757 to learn how we can provide mine safety training and consulting for your business.

MSHA is Taking Steps to Increase Vaccinations in Mines Across the Country

Posted on by McCraren Compliance

First published by MSHA

Photo: MSHA

MSHA’s  Miner Vaccination Outreach Program (MVOP) organizes voluntary, free vaccination clinics in mining communities and provides educational outreach regarding the vaccine’s safety and efficacy.

Participation in the MVOP program is completely voluntary and free for qualified mine operators. MVOP program representatives will collaborate with industry stakeholders to identify convenient locations, coordinate with health professionals to provide vaccine administration services, and develop communication programs to address the community’s questions and concerns.

MVOP’s pilot program was conducted October 2021-March 2022 in Kentucky and Arizona. The program is now available in other locations, subject to staffing availability in those areas.

Click here to send a message to MSHA to request more information about the vaccination program.

VACCINE CLINICS:

KENTUCKY
Kentucky Crushed Stone Association Safety & Education Seminar
Jan. 26, 2022 (2:00pm-6:00pm EST)
Marriott Louisville East, Louisville, KY
Open to public

ARIZONA
Asarco Ray Mine
Jan. 25, 2022
Kearny, AZ
Mine employees only

Asarco Mission Mine
Jan. 26, 2022
Sahuarita, AZ
Mine employees only

MSHA has received a high volume of questions regarding the Coronavirus/COVID-19 and both mine operator actions and MSHA actions in response. This information sheet provides practices for operators and miners to minimize the spread of Coronavirus/COVID-19 and actions MSHA is taking to do the same.

What should mine operators and miners do?

  • Avoid close contact: Put distance between yourself and other people (about 6 feet). This includes not crowding personnel carriers, hoists and elevators, or other means of transportation at the mine.
  • Clean and disinfect: Wipe down equipment and other frequently touched surfaces.
  • Wash hands: If soap and water are not readily available, use a hand sanitizer that contains at least 60% alcohol. Cover all surfaces of your hands and rub them together until they feel dry. Avoid touching your face, nose, eyes, etc.
  • Stay at home if you are sick.

See additional guidance on the CDC’s Prevention page https://www.cdc.gov/coronavirus/2019-ncov/hcp/assessment-tool-for-nursing-homes.html

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US Department of Labor finds Illinois contractor exposed roofing workers to deadly fall hazards twice in 10 days at separate job sites

Posted on by McCraren Compliance

First published by OSHA

Joshua Herion ignores OSHA safety rules, faces $360K in penalties

WAUKEGAN, IL – A Waukegan contractor – with a history of violating federal safety standards and ignoring safety citations – was cited again by the U.S. Department of Labor’s Occupational Safety and Health Administration for exposing workers to deadly fall hazards at two separate job sites in October 2021. Joshua Herion – who does business as ECS Roofing Professionals Inc. – faces proposed penalties of $360,531.

A U.S. Department of Labor Occupational Safety and Health Administration inspector observed a foreman and two roofers atop a Hoffman Estates commercial building working at heights of up to 20 feet off the ground with inadequate fall protection. Just 10 days later, an OSHA inspector observed a crew of three working at heights greater than 12 feet atop a residential building in Waukesha, Wisconsin, without fall protection equipment.

Falls can be prevented: PLAN ahead to get the job done safely PROVIDE the right equipment TRAIN everyone to use the equipment safely

OSHA found ECS Roofing Professionals failed to equip workers with adequate fall protection equipment, train workers on its use, provide safe access to a ladder jack scaffold platform and ensure head and eye protection were used. The agency issued one willful, four repeat and eight serious violations.

“In both of these incidents, the foreman left the site and directed others to do so when OSHA inspectors began asking questions about their safety procedures. This defiant act demonstrates Joshua Herion and his company’s disregard for the safety and well-being of workers and the law,” said OSHA’s Chicago North Area Director Angeline Loftus in Des Plaines, Illinois, who investigated the Hoffman Estates job site. “Fall hazards make roofing work among the construction industry’s most dangerous jobs and among OSHA’s most frequently cited safety hazards.”

The pair of recent inspections continues the company’s history of failing to protect its roofing workers. Since 2014, ECS Roofing Professionals has been cited seven times by OSHA for similar hazards at other job sites. The employer has failed to respond to OSHA’s requests for information, has not responded to citations from previous inspections and has had $139,656 in unpaid OSHA penalties referred to debt collection.

“While ECS Roofing Professionals seem willing to ignore the dangers of falls and the potential for serious injuries or worse, OSHA will hold Joshua Herion and other roofing contractors accountable for failing to meet the legal requirements to provide safe working conditions,” said OSHA’s Area Director Christine Zortman in Milwaukee, who investigated the Waukesha job site. “Fall injuries and fatalities are preventable with the proper use of safety equipment and training.”

The Bureau of Labor Statistics reports that in 2020, 1,008 construction workers died on the job, with 351 of those fatalities due to falls from elevation.

OSHA’s stop falls website offers safety information and video presentations in English and Spanish to teach workers about hazards and proper safety procedures. Learn more about OSHA’s annual National Safety Stand-Down to Prevent Falls, set for May 2-6.

The company has 15 business days from receipt of its citations and penalties for the Hoffman Estates site and the Waukesha site to comply, request an informal conference with each of OSHA’s area directors, or contest the findings before the independent Occupational Safety and Health Review Commission.

McCraren Compliance assists employers in protecting their workers, starting with a comprehensive Work-site Analysis, Hazard Prevention, Controls, and Safety & Health Training.

Please contact us today at 888-758-4757 to learn how we can provide mine safety training and consulting for your business.

Distracted Driving Awareness Month is a reminder to focus on the road

Posted on by McCraren Compliance
By Garin Groff / ADOT Communications

Let’s face it: We’re overwhelmed with potential distractions when we’re on the road. Rubbernecking at that fender-bender. Answering an urgent call from the boss. And wolfing down breakfast while rushing the kids to school. Distracted Driving Awareness Month.

While these may seem like mundane things that are of no concern while we’re behind the wheel, think about this grim fact: Distractions like these claimed the lives of at least 39 people on Arizona roadways in 2020.

Is that worthy of your attention?

ADOT is reminding drivers of how important it is to pay attention while on the road as part of National Distracted Driving Awareness Month. While it’s important to avoid distractions at any time of year, this is a good time for all of us to think about what can happen when we become distracted in our vehicles.

Fatalities are just part of the danger. At least 8,110 crashes were attributed to distracted driving in Arizona in 2020, according to data collected by ADOT. And the number of distracted driving crashes and fatalities may be much higher because drivers may not admit to being distracted – or because the drivers die in a collision.

Drivers face consequences even if their distracted driving doesn’t result in a crash. Since 2021, Arizona drivers can face civil penalties because it is illegal for drivers to use hand-held mobile devices like cell phones or tablets while behind the wheel. Fines range between $75 and $149 for the first violation and additional violations can be as much as $250.

If you, or maybe a friend who is known to be easily distracted behind the wheel, need any more reminders of the dangers of distracted driving, check out ADOT’s “Distracted Drivers Terrify Me” campaign.

And the next time you’re on the road, remember to focus on the road so you get to your destination safely.

McCraren Compliance can help you understand and comply with FMCSA, USDOT and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

Call us Today at 888-758-4757 or email us at info@mccrarencompliance.com to schedule your free FMCSA Compliance Assessment.