Tag: #osha

OSHA QuickTakes: Indifference to Safety

Posted on by McCraren Compliance

Original article published by OSHA

Department of Labor finds LaFayette insulation manufacturer ignoredsafety standards after investigation of worker’s serious head injury

Bonded Logic Inc. exposed workers to hazardous energy, lack of machine guarding

LAFAYETTE, GA – A 21-year-old line operator at a LaFayette, Georgia, insulation manufacturer suffered severe head trauma after being caught in a machine’s roller. A U.S. Department of Labor investigation determined that the employer willfully ignored federal workplace safety standards.

The department’s Occupational Safety and Health Administration issued citations to Bonded Logic Inc. for two willful, two repeat and 10 serious violations after its investigation of the Aug. 24, 2022, incident. OSHA inspectors found the employer willfully failed to develop and use lockout/tagout procedures to prevent machines from sudden starts or movements during maintenance, and did not control the release of stored energy while machines were serviced.

OSHA has proposed $423,432 in penalties.

Additionally, OSHA identified repeat violations for not installing safety guards on machines and failing to certify forklift operators. The agency also cited the company for failing to:

  • Conduct an evaluation to identify permit-required confined spaces and develop and implement a permit-required confined space program.
  • Train employees on the hazards associated with permit-required confined spaces and complete entry permits prior to entering those spaces.
  • Ensure energy control devices were applied to all energy sources during maintenance or servicing.
  • Maintain proper guarding of chains and sprockets on machinery.

“Bonded Logic put profits before safety and now a young worker must cope with the aftermath of a horrible and preventable injury,” said OSHA Area Office Director Jeffery Stawowy in Atlanta-West. “The employer’s failure to develop and ensure the use of lockout procedures for employees who work near and perform maintenance on dangerous machinery is hard to comprehend.”

OSHA inspected Bonded Logic in 2018 and 2021, issuing three serious and five other-than-serious violations for hazards associated with eye protection, machine guarding, housekeeping, powered industrial trucks and confined space.

Bonded Logic Inc. markets and manufactures several thermal and acoustical insulation products for multiple industries.

The company has 15 business days from receipt of the citations and penalties to comply, request an informal conference with OSHA, or contest the findings before the independent Occupational Safety and Health Review Commission.

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.

NACOSH Heat Injury and Illness Workgroup Meeting

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Original article published by OSHA

OSHA to hold online meeting of the National Advisory Committeeon Occupational Safety and Health Heat Work Group on April 27

WASHINGTON – The U.S. Department of Labor’s Occupational Safety and Health Administration will hold an online meeting of the National Advisory Committee on Occupational Safety and Health Heat Work Group on April 27, 2023, from 2 to 4 p.m. ET.

The tentative meeting agenda includes proposed recommendations on potential elements of the Heat Injury and Illness Prevention rulemaking and the work group’s presentation at an upcoming NACOSH meeting.

The meeting is open to the public, but participation will be in listen-only mode. OSHA is not accepting comments or requests to speak at this meeting. Register to attend using the registration link on the NACOSH webpage. Once completed, a Webex link will be sent for remote access to the meeting.

NACOSH advises, consults, and makes recommendations to the Secretary of Labor and the Secretary of Health and Human Services on matters relating to the administration of the Occupational Safety and Health Act of 1970. NACOSH is a continuing advisory committee of indefinite duration.

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.

National grain safety week set for March 27-31

Posted on by McCraren Compliance

Original article published by Safety+Health

Stand-Up-Logo--2023.jpg

Photo: OSHA

Washington — OSHA and its Alliance Program partners in the agriculture industry are teaming up to host the seventh annual Stand Up 4 Grain Safety Week.

The observance will take place March 27-31.

Each year, hundreds of workers are injured or killed by preventable hazards in grain storage and handling, OSHA says. The industrywide initiative is aimed at raising awareness of these hazards by providing employers and workers with educational opportunities, resources and training on best safety practices.

The event starts at 10 a.m. Central each day, with a hybrid kickoff event scheduled for March 27. Registrants will have free access to virtual training sessions during the rest of the week, with each day featuring a different focus and resources:
March 28: Powered industrial trucks (presented in Spanish at 2 p.m. Central)
March 29: Preventive maintenance and a bonus event, emerging health issues in agricultural settings
March 30: Heat and extreme weather (presented in Spanish at 2 p.m. Central)
March 31: Anhydrous ammonia and fumigation

Employers can register and post information about their event at StandUp4GrainSafety.org.

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.

OSHA QuickTakes: Preventable Amputation

Posted on by McCraren Compliance

Original article published by OSHA

US Department of Labor investigation of Del Monte cannery worker’samputation injury finds company violated federal safety standards

20-year-old seasonal worker suffers preventable injury at Plover, Wisconsin facility

PLOVER, WI ‒ At a Plover, Wisconsin, Del Monte Foods cannery, a 20-year-old seasonal worker suffered a partial amputation of their finger after attempting to unjam an unguarded palletizer machine, a federal workplace safety investigation found.

Responding to the employer’s report of the amputation injury, investigators with the U.S. Department of Labor’s Occupational Safety and Health Administration determined the cannery’s lack of machine guarding and safety procedures exposed employees to machine hazards. In 2019, the agency cited the company for similar violations at another Wisconsin facility in Markesan.

Investigators learned workers routinely used their hands to redirect pallets stuck in the palletizer’s dispenser. A pallet dispenser will automatically dispense pallets to the palletizing line so that canned products can be stacked and wrapped for transportation. Investigators found that employees clearing jams had not been trained to recognize or safely control hazardous energy sources during the unjamming process.

OSHA issued a citation to Del Monte Foods Inc. for two repeated and six serious safety violations of machine safety and fall protection standards. The company faces proposed penalties of $222,779. The company informed OSHA of the amputation injury within 24 hours, as required.

“Del Monte Foods Inc. is aware of the importance of training their seasonal workers on machine safety procedures and making sure required machine safeguards are in place,” explained OSHA Area Director Robert Bonack in Appleton, Wisconsin. “If the company had followed OSHA safety standards, they could have prevented this young worker from needlessly suffering a lifelong disabling injury.”

In addition to the machine guarding and hazardous energy control procedure deficiencies, OSHA noted a lack of handrails and anti-slip coatings exposed cannery workers to fall hazards on ladderways and stairs.

Based in Walnut Creek, California, Del Monte Foods Inc. is one of the nation’s largest producers, distributors and marketers of branded retail food products. The Plover facility produces 14 million cases of canned vegetables annually. The company sells products under the Del Monte, Contadina, College Inn, Joyba, Kitchen Basics and S&W brands.

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

Learn more about OSHA and preventing worker amputations from unguarded machines and the Local Emphasis Program for the Food Manufacturing Industry.

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.

OSHA QuickTakes: Toxic Workplace

Posted on by McCraren Compliance

Original article published by OSHA

Mercury poisoning: Long Island thermometer maker’s workers sickenedby unsafe exposures to toxic metal, faces nearly $200K in penalties

West Babylon company cited for 21 violations; failed to protect workers, report illnesses

WESTBURY, NY – Federal workplace safety inspectors have cited a thermometer manufacturer for overexposing their employees to mercury at its West Babylon facility.

U.S. Department of Labor Occupational Safety and Health Administration inspectors determined Kessler Thermometer Corp. overexposed employees to airborne elemental mercury in August 2022 while they worked to distill and purify elemental mercury, fill thermometers, blow glass and during calibration and engraving of thermometers and hydrometers.

Agency inspectors found the company willfully exposed and severely sickened workers by allowing the airborne concentration of the toxic metal to exceed the 8-hour, time-weighted average based on biological exposure indices. OSHA inspectors identified 18 serious violations, one willful violation and two other-than-serious violations by Kessler Thermometer Corp. and proposed $195,988 in penalties.

“Kessler Thermometer Corp. knowingly endangered the lives and health of their employees by ignoring basic safeguards to control hazardous mercury in the workplace and failed to acknowledge its employees were being sickened by mercury exposure,” said OSHA Area Director Kevin Sullivan in Westbury, New York. “This company has been operating for about 20 years and knows the dangers their workers face.”

Specifically, the company failed to provide:

  • Engineering controls to reduce mercury exposure.
  • Complete and effective respiratory protection and chemical hazard communication programs.
  • Appropriate personal protective equipment and clothing.
  • An emergency response plan to handle cleanup of spilled mercury.
  • Eating and food storage areas free of mercury exposure.
  • An emergency shower and appropriate first aid.
  • Proper labeling for all hazardous chemical containers.
  • Recording of all recordable work-related injuries and illnesses.
  • Report a work-related incident resulting in in-patient hospitalization due to mercury poisoning.

View the citations.

Kessler Thermometer Corp. operates an 8,000-square-foot laboratory and manufacturing facility in West Babylon. Its current ownership has operated the company since 2002.

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

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.

OSHA says its new authority to issue nonimmigrant status visas will aid investigations

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Original article published by Safety+Health

Washington — OSHA will soon be able to issue certifications in support of T and U nonimmigrant status visas, a move the agency contends will aid in some workplace safety investigations.

“T visas” are for victims of human trafficking. “U visas” are for victims of certain crimes, including felonious assault, extortion, forced labor and obstruction of justice. These visas “provide immigration status to noncitizen victims and allow them to remain in the United States to assist authorities in combating human trafficking and other crimes,” OSHA says in a Feb. 13 press release.

The agency’s new authority is schedule to go into effect March 30.

“Workers in the United States need to feel empowered and able to trust OSHA and the U.S. Department of Labor enough to voice their concerns about workplace safety regardless of their immigration status and fears of retaliation,” OSHA administrator Doug Parker said in the release. “By enabling OSHA to issue U and T visa certifications, we will be empowering some of our economy’s most vulnerable workers to tell us if their jobs are jeopardizing their safety and health, and that of their co-workers, and to support our enforcement efforts.”

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 seeking public comments on modernizing program that recognizes employers committed to best safety, health practices

Posted on by McCraren Compliance

Original article published by OSHA

OSHA’s successful Voluntary Protection Program helps provide safe workplaces

Photo: OSHA

WASHINGTON – The U.S. Department of Labor announced that its Occupational Safety and Health Administration is inviting the public and workplace safety stakeholders to share their comments on how the agency can best honor companies who make exceptional commitments to workplace safety and health, and encourage others to follow.

Established in 1982, OSHA’s Voluntary Protection Program recognizes workplaces that demonstrate best practices in safety and health management and serve as industry models. In the last 40 years, the program has attracted a wide variety of organizations in many industries. VPP’s success has stretched OSHA resources and made it more difficult to ensure the quality of program applicants’ safety and health management systems.

By opening the program to public comments, OSHA seek input from all perspectives to assist the agency as it modernizes and enhances the VPP, and continues to promote the use of workplace safety and health management systems. The Voluntary Protection Program’s modernization project is seeking stakeholder input on issues such as:

  • Aligning the program more closely with recent occupational safety and health management practices and system standards.
  • How the program can contribute to expanding the use and effectiveness of safety and health management systems.
  • Whether and how resources and tools such as “special government employees,” consensus standards, third-party auditors and other methods could serve to expand the program’s capacity without compromising effectiveness and oversight.
  • Whether particular categories of hazards need special attention in the VPP certification process.

OSHA is asking a series of questions in 10 sections to elicit useful responses to support the project’s aims. Interested members of the public should submit comments and attachments, identified by Docket No. OSHA-2022-0012, using the Federal e-Rulemaking Portal. The deadline for comments is April 14, 2023.

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, Consulate of Mexico in Denver renew alliance to promote workers’ rights, protections

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Original article published by OSHA

Agreement extends effort to protect Mexican nationals working in region

Participants:  U.S. Department of Labor
Consulate of Mexico in Denver

Date:  Feb. 9, 2023

alliance renewal
On Feb. 9, 2023, OSHA Area Director in Denver, Amanda Kupper; Mexico’s Counsel General in Denver, Pàvel Melèndez Cruz; OSHA Area Director in Englewood, Chad Vivian; and Mexico’s Consul for Protection and Legal Affairs in Denver, Antonio Portilla Montemayor renewed a two-year alliance agreement between OSHA and the Consulate of Mexico in Denver to promote workplace safety among Spanish-speaking workers in the region.

Agreement description:  The department’s Occupational Safety and Health Administration and the Consulate of Mexico have renewed a two-year alliance to provide safety training and resources to Mexican nationals working in Colorado in an effort educate them on their rights and employers’ responsibilities under the Occupational Safety and Health Act.

The alliance continues the joint commitment to protect the rights of Mexicans working in the U.S. through training, education, outreach, communication and by promoting a national dialogue on workplace safety and health.

Background:  OSHA’s Alliance Program works with groups committed to worker safety and health to prevent workplace fatalities, injuries and illnesses. These groups include unions, consulates, trade or professional organizations, businesses, faith- and community-based organizations and educational institutions. OSHA and the groups work together to develop compliance assistance tools and resources, share information with workers and employers and educate workers and employers about their rights and responsibilities.

Quote: “By renewing this alliance, OSHA officials and Mexican government representatives can continue to work together to help keep Mexican people who work in Colorado safe and healthy,” said OSHA Regional Administrator Jennifer S. Rous in Denver. Our joint focus on providing important information on workplace protections for these workers will help us ensure that they end their shifts safely and return home to their families each day.”

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 announces publication of interim final rule for handling criminal antitrust anti-retaliation complaints

Posted on by McCraren Compliance

Original article published by OSHA

OSHA accepting comments from the public

Photo: OSHA

WASHINGTON – The U.S. Department of Labor’s Occupational Safety and Health Administration recently published an interim final rule establishing procedures and timeframes for handling employee retaliation complaints under the Criminal Antitrust Anti-Retaliation Act, enacted Dec. 23, 2020.

The departments of Labor and Justice will collaborate to enforce CAARA to ensure protection of whistleblowers from retaliation for reporting potential criminal antitrust violations or engaging in other protected activities. These activities include testifying, participating or assisting in certain federal government investigations or proceedings. Protected reports include providing information to an employer or the federal government relating to price fixing, bid rigging or market allocation schemes between competitors, or information relating to violations of other criminal laws committed in conjunction with potential violations of the criminal antitrust laws or in conjunction with a Justice Department investigation of potential violations of those laws.

Under President Biden’s Executive Order on Promoting Competition in the American Economy, the department is working with other agencies, including the Department of Justice, to prohibit anti-competitive behavior by employers. Such conduct hurts workers by weakening their bargaining power, lowers wages and widens inequality.

OSHA is accepting comments from the public. Submit comments online, identified by Docket Number OSHA-2021-0011 at the Federal eRulemaking Portal. The deadline for submitting comments is April 23, 2023. The interim final rule became effective Feb. 10, 2023.

For additional details about the statute along with instructions on how to file a complaint with OSHA under the CAARA, read the fact sheet on Whistleblower Protection for Reporting Criminal Antitrust Violations.

OSHA enforces the whistleblower provisions of more than 20 statutes protecting employees who report violations of various workplace safety and health, airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health insurance reform, motor vehicle safety, nuclear, pipeline, public transportation agency, railroad, maritime, securities, tax, criminal antitrust and anti-money laundering laws. For more information on whistleblower protections, visit OSHA’s Whistleblower Protection Programs webpage.

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 announces plan to withdraw proposal to reconsider, revoke Arizona State OSHA Plan’s final approval

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Original article published by OSHA

OSHA recognizes state’s efforts to address deficiencies in workplace safety, health plan

WASHINGTON – The U.S. Department of Labor today announced that its Occupational Safety and Health Administration will withdraw its proposal to reconsider and revoke final approval of Arizona’s State Plan for occupational safety and health, and by doing so, will leave the state’s plan in place.

The announcement follows OSHA’s publication of Federal Register notice on April 21, 2022, that proposed reconsideration and revocation because of by the Arizona State Plan’s nearly decade-long pattern of failures to adopt adequate maximum penalty levels, occupational safety and health standards, National Emphasis Programs and the COVID-19 Healthcare Emergency Temporary Standard.

OSHA accepted public comments on the revocation proposal through July 5, 2022. On that day, Arizona submitted a public comment advising OSHA that the state’s plan had completed significant actions to address the concerns OSHA identified in the original Federal Register notice. The actions made by the Arizona State Plan included adopting outstanding federal standards and directives, enacting state laws to ensure that Arizona’s future maximum and minimum penalty levels track with OSHA federal levels, and authorizing adoption of an emergency temporary standard when either OSHA or the Industrial Commission of Arizona determines that grave danger criteria are met.

In light of Arizona’s efforts, OSHA postponed a scheduled public hearing and reopened the comment period until Oct. 14, 2022, to allow stakeholders another opportunity to comment on the proposed revocation.

With today’s announcement, OSHA will withdraw its proposal to reconsider the final approval status of the Arizona State Plan, despite recent public reports of a downward trend in inspections in the plan’s enforcement program, as these were not part of OSHA’s April 2022 Federal Register notice. OSHA takes these reports seriously, and the agency is actively working with the Arizona State Plan to address these issues.

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.