OSHA’s Top 10 Most Cited Violations for 2009

Last week, the National Safety Council (NSC), in its annual Congress and Expo, unveiled this year’s initial top 10 most cited OSHA violations where Scaffolding still leads with 9,093 violations, up by 2,066 from last year.  Fall protection goes a notch higher from its previous position with 1,974 more violations; while hazard communication comes to a lower place but still with more violations than that of last year’s.  Respiratory protection, lockout/tagout, and electrical (wiring) stays at number four, five and six respectively.  All three gained more violations too.  Ladders, powered industrial trucks, electrical (general), and machine guarding shifted positions in the last four slots.  According to Richard Fairfax, director of OSHA’s directorate of enforcement programs, these standards in the top 10 are fairly consistent from year to year to year.

Here’s the list with their corresponding number of violations:

Janet Froetscher, NSC President and CEO, said that the number of violations gives new resolve in raising awareness about the importance of having sound safety procedures.

The data above shows an almost 30% increase from last year’s list:

In September of last year, The Safety Blog came out with a post on OSHA’s top 10 most cited violations for 2008.  Included in the post are links to materials, resources and articles that can help companies from committing such violations.  Click here if you want to refer to that post.

The final report on 2009’s most cited violations will be published by the end of the year.

OSHA Issues $87,000,000 Fine Against BP

WASHINGTON - The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) today announced it is issuing $87,430,000 in proposed penalties to BP Products North America Inc. for the company’s failure to correct potential hazards faced by employees. The fine is the largest in OSHA’s history. The prior largest total penalty, $21 million, was issued in 2005, also against BP.

Safety violations at BP’s Texas City, Texas, refinery resulted in a massive explosion — with 15 deaths and 170 people injured – in March of 2005. BP entered into a settlement agreement with OSHA in September of that year, under which the company agreed to corrective actions to eliminate potential hazards similar to those that caused the 2005 tragedy. Today’s announcement comes at the conclusion of a six-month inspection by OSHA, designed to evaluate the extent to which BP has complied with its obligations under the 2005 agreement and OSHA standards.

“When BP signed the OSHA settlement from the March 2005 explosion, it agreed to take comprehensive action to protect employees. Instead of living up to that commitment, BP has allowed hundreds of potential hazards to continue unabated,” said Secretary of Labor Hilda L. Solis. “Fifteen people lost their lives as a result of the 2005 tragedy, and 170 others were injured. An $87 million fine won’t restore those lives, but we can’t let this happen again. Workplace safety is more than a slogan. It’s the law. The U.S. Department of Labor will not tolerate the preventable exposure of workers to hazardous conditions.”

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Four Major Changes in the Workplace Coming!

A host of regulations affecting a wide range of businesses and industries is being released by the administration. These changes can be summed up into four major areas dealing with increasing labor protections against common issues in the workplace. These are:

Safety checks. The Occupational Safety and Health Administration is gearing for tougher enforcement in all of its branches. The agency will launch a big new push on ergonomics, perhaps making another run at producing a specific rule on repetitive-motion injuries.

Wages. The Labor Department’s Wage and Hour Division is putting 250 more investigators on the job to probe pay disputes and try to resolve problems. This will hopefully ensure a more thorough process and quicker results for the complaints received on pay disputes and unfair practices.

Discrimination. A broader definition of disability will expand protection under the Americans with Disabilities Act to more individuals. Business groups are up in arms about the proposed rule by the Equal Employment Opportunity Commission, saying the agency exceeded its authority by including in the proposed rule a list of impairments that will consistently meet the definition of disability. Another EEOC rule will impose restrictions on health-risk assessments (HRAs), a key component of employers’ wellness programs. The rule implements a 2008 law banning the use of genetic information in decisions on employment. Its broad definition of “genetic information” includes family medical history, and employers may not provide any rewards or penalties tied to an HRA that asks for family medical history.

Union rights. A pro-labor stance by the National Labor Relations Board is certain as soon as Congress confirms President Obama’s appointees, giving Democrats a majority. Look for reversals of key decisions made by Bush appointees on the use of e-mail by workers for union organizing and the representation of nonunion workers at disciplinary meetings. The new board also is likely to narrow the definition of a supervisor, which will make more workers eligible to join a union.

Watch out for more changes in the workplace in the coming months.

*with material from The Washington Post

OSHA’s Revised Enforcement Policies for Fall Protection During Steel Erection

In a report by the Bureau of Labor Statistics for 2007, studies shows that falls is still one of the leading causes of injuries and fatalities in the construction industry.  Statistics show that there were 1,204 recorded fatalities in the construction industry alone and 447 of those incidents are from falls.  Due to the alarming number of work related accidents OSHA finally released revisions on enforcement policies for fall protection during steel erection.  Assistant Secretary of Labor for OSHA John Barab said that “We are intent on reducing the number of injuries and fatalities in the construction industry and believe these policy revisions will help us attain that goal.”

The purpose of this Instruction is to withdraw OSHA’s minimal policy relating to requirements regarding fully planked or decked floors. The revised policy addresses the standard’s requirement that employers install a floor or net within two stories or 30 feet, whichever is less.

The other revision states that employers must comply with the requirement that steel studs, known as shear connectors, be installed at the worksite. Shear connectors bind concrete to the steel.

For a copy of CPL 02-01-034 (formerly CPL 2-1.34) please visit:

www.osha.gov

Bloomer firm holds tight to its partnership with OSHA

A-1 Excavating Inc. landed in the headlines of business sections in broadsheets and newspapers. The reason: a list of noticeable violations of federal safety standards. What made the story more interesting was the company’s denial of the citations OSHA made against them, until it finally settled on September 30, 2009 – $474,000 from the original $861,000 in penalties for hazards cited in three inspections. The company is also subject to undertake significant steps to ensure that there will be no fatalities again in an A-1 excavating worksite. (Eugene Hakes Jr. was killed in a worksite in Richmond when he was struck by the chainsaw he was using).

Hakes’ death in April, in New Richmond is one of the many cases that OSHA inspected in the Bloomer firm. The other inspections were in September 2008 at a work site in Weston and in September 2009 at a Merrimac work site.

OSHA set conditions for worksite safety. These significant steps are included in the agreement settled last Wednesday: (1)hire a full-time safety director with the authority for safety and health at all projects; (2)provide additional safety and health training to all employees, including supervisors; (3)for the next three years tell OSHA where A-1 is working and allow OSHA access to those sites without having to get a warrant; (4)develop and put into place safety and health plans specific for all major projects, and make sure employees are briefed on or have access to those plans; (5)hire a third-party safety consultant for auditing trench and excavation work and to make unannounced inspections of work sites; (6)and cut the salaries of job superintendents and project managers who fail to comply with OSHA requirements.

All employees will attend a full-day course on excavation safety, and all union foremen will be trained in trench rescue. The company also reported it has already hired the new safety director. An OSHA representative, on the other hand, said he was happy with the agreement. “We are pleased that A-1 Excavating has agreed to take significant steps to ensure worker safety at their work sites,” said Mark Hysell, OSHA area director in Eau Claire. With this, there is a clear participation from both parties and the safety of A-1 Excavating Inc.’s workers is now ensured

New OSHA program to deal with hazardous chemicals

OSHA’s new national emphasis program takes on the initiative to deal with workplaces where hazardous chemicals are released. This has been a concern because the release of highly hazardous chemicals into the atmosphere can lead to toxic fires and explosions—hazards that can very well endanger the lives of many.

Policies and procedures for inspecting workplaces that are covered by OSHA’s process safety management (PSM) standard will be established in this one-year pilot program. Here, the inspection process will require compliance officers to:

• gather facts related to the PSM standard’s requirements
• and, verify that employers’ written and implemented programs are consistent.

According to OSHA officials, the intent of this new program is to conduct quick inspections at a large number of facilities. Since this is a national emphasis program, the facilities to be inspected will be randomly selected from a list of work sites likely to have highly hazardous chemicals in quantities covered by the PSM standard.

Jordan Barab, OSHA’s acting Assistant Secretary of Labor, says that the failure to comply with the requirements of the PSM standard have already led to several catastrophic incidents. With this, it is only high time to get the program up and running. The program is set to be piloted in several regions around the country, with the inspections programmed and planned. The program also stresses that these checks and inspections need not result from the occurrence of an accident or from the filing of a complaint or referral. The program will also be used to inspect workplaces reporting PSM-related complaints, referrals, accidents or catastrophes in regions not covered by the pilot. With this new national emphasis program by OSHA, safety issues such as these can now be better and more effectively dealt with.

OSHA Issues Final Rule on Updating PPE Standards

OSHA announced in the Sept 9 Federal Register that they are issuing a final rule revising the personal protective equipment sections of its general industry, shipyard employment, longshoring and marine terminals standard regarding requirements for eye- and face-protective devices, and head and foot protection.

“Workers exposed to occupational hazards requiring head, foot, or eye and face protection will now be provided protection based on a standard that reflects state-of-the-art technology and materials,” said acting Assistant Secretary of Labor for OSHA Jordan Barab.  ”This final rule is another step in OSHA’s efforts to update or remove references to outdated national consensus and industry standards.”

One of the provisions that have been amended requires safety shoes to comply with a specific American National Standards Institute (ANSI) standard.  Another provision requires filter lenses and plates in eye-protective equipment to pass a test for transmission of radiant energy specified by another ANSI standard.

The amendments were revised to update references in OSHA regulations by recognizing more recent editions of the applicable national consensus standards that incorporate technological advances.

The incorporated ANSI standards are over a decade old and, in some instances, are two decades old.  Over this period, ANSI updated all of the standards, and in one instance (i.e., the ANSI Z41 standard for protective footwear), withdrew its standard when ASTM adopted national consensus standard for protective footwear.  In response, manufacturers began producing PPE that conforms to the updated ANSI and ASTM standards.  As a result, employers and employees have difficulty obtaining PPE manufactured in accordance with the national consensus standards incorporated earlier in OSHA standards.

In the past, OSHA updated its PPE standards by revising them to incorporate recent versions of the national consensus standards, while leaving the earlier versions of these national consensus standards in the regulatory text. (See 59 FR 16360 (April 6, 1994).)  This action temporarily alleviated the problem of trying to obtain PPE manufactured in accordance with an earlier version of a national consensus standard, but it ensured that the problem would arise again as the later versions of the standards superseded the newly incorporated versions.  To alleviate this problem, OSHA proposed replacing the references to specific national consensus standards with a performance-oriented “good-design” requirement. (72 FR 27771.)  The proposed rule provided guidance on how employers could meet the good-design requirement.  It also included non-mandatory appendices listing those national consensus standards that OSHA had determined were good-design standards that would meet the good-design requirement.

To ensure that the appendices remained useful in the future, OSHA promised in the proposal to use direct-final rulemaking to incorporate future editions of consensus standards into the non-mandatory appendices.  The proposed rule also deleted older, out-of-date consensus standards that OSHA incorporated into its standards to allow employers to continue using PPE they had purchased before a specified date.  OSHA noted that the proposed rule did not alter the duties of employers because it only provided employers with additional options for meeting their duty under the design-criteria provisions of OSHA’s existing PPE standards.

The final rule will become effective on Oct. 9. For technical inquiries, contact Ted Twardowski, Directorate of Standards and Guidance, at 202-693-2070.

Source: www.osha.gov

High Worker Fatality Data in Texas Prompts OSHA to Intervene and Train

Labor data shows that Texas has the highest number of construction worker deaths in the country last year.  Two out of 3.4 workers who die every day are Hispanics, according to the chairman of the U.S. Hispanic Contractors Association (USHCA).  Just this June, three construction workers fell to their death while working on scaffolds.  A lawyer that represents the family of one of those workers believes that the incident was the last straw in the deaths that caused a public outcry.  This, in turn, prompted OSHA to send more federal inspectors to Texas the following month.  A labor union conglomerate says only 77 inspectors from OSHA are in Texas – short of 946 needed by the state.

As a result of OSHA’s intervention, the USHCA will host a health and safety training for construction workers on September 26 which will feature consultants from OSHA.  An OSHA-certified trainer said the main purpose of the training is to recognize and prevent hazards and accidents.

What can we learn from this news story?

Associations recognize the need and importance of TRAINING to prevent hazards and accidents in the workplace.  OSHA has the resources to prove they value training as well as education training.

The OSHA Training Institute (OTI) in Arlington Heights, IL provides safety and health training and education for federal and state compliance officers, state consultants, other federal agency personnel, and the private sector.  If you are a federal or state OSHA employee and you want to register, contact your training coordinator.  However, if you are a private sector or other government agency employee, visit the OSHA Training Institutes Searchable Catalog to view a list of available courses.  A student registration form is also available online.  The OTI charges tuition fees for private sector students as well as employees of federal government contractors.  Check their webpage for the schedule of registration and start of classes.

Aside from the OTI, the OTI Education Center program also provides training for private sector personnel from agencies other than OSHA.  The OTI Education Center is an extension of the OTI that targets federal and state compliance officers and state consultation program staff.  There are over 40 education center locations throughout the country.

OSHA also has Outreach Training Programs where qualified individuals are trained and authorized to teach student courses.  This is where the 10-hour and 30-hour courses in construction and general industry come in.  There is also training in the Maritime Industry specifically in shipyard employment, marine terminals and longshoring as well as an outreach program that authorize trainers to teach workers in disaster site support and clean-up services.

Since training may also take other forms, OSHA offers safety and health training videos which can be loaned by OSHA employees, OSHA grantees, consultation programs, state plan states, voluntary protection program sites, and even by OTI education centers, federal agency occupational safety and health trainers, and OSHA outreach trainers.  This service is made available by OSHA’s Resource Center Loan Program which has a collection of over 600 videos covering more than 100 subjects as well as a limited number of books.  Materials can be borrowed by submitting a filled-out borrowing agreement form, browsing the catalog, completing the loan request form, and submitting all forms through e-mail (RCLP@dol.gov). The center will then contact you regarding the availability of your requested material.

OSHA also supports nonprofit organizations as well as state and local government supported institutions of higher education by offering the Susan Harwood Training Grant with the goal of developing training and educational programs and reaching out to appropriate workers and employers by providing them these programs.

Training and retraining are important to all workers in any workplace.  One never goes to a battle unprepared.  So, gear up.

A San Diego Whistleblower Case and OSHA’s Protection Program

In 2007, an employee of an Alaska-based contractor filed a complaint alleging retaliation by the contractor in violation of Section 11(c) of the Occupational Safety and Health (OSH) Act.  Section 11(c), in part, says “No person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act …” Here’s the scenario before that: The employee expressed safety concerns to the upper management after observing two dangerous on-the-job explosions.  Shortly after that, reports say that the employee was laid off and barred from re-hire.  OSHA did an investigation on it and deemed that the worker’s complaint had merit.  OSHA then notified the employer, Bering Sea Eccotech.  However, the employer refused to reinstate the worker and even refused to pay back wages or other benefits.

Two years after, specifically early this month, OSHA has filed a whistleblower suit on behalf of the former employee.  Aside from reinstating the employee and securing compensatory damages and lost wages, the suit is also requiring the contractor to post a notice that explains employee rights under Section 11(c) of the OSH Act.  The notice is supposed to be posted for 60 days.

If you are a worker trying to make your workplace safer, how can you protect yourself from experiencing such discrimination?

If you are wondering how you could ever point out safety concerns without being terminated, OSHA has a program just for you.  It is called The Whistleblower Protection Program.

As mentioned in Section 11(c) of the OHS Act, no employee is to be discharged by his employer just because he is exercising his right as specified in the Act.  Two of these rights are to complain to OSHA and to seek an OSHA inspection.  Others are to participate in an OSHA inspection and to testify in any proceeding related to an OSHA inspection.  There are whistleblowing provisions in 16 statutes that will protect you in case you report violations of various trucking airline, nuclear power, pipeline, environmental, rail, consumer product and securities law.

In the San Diego whistleblower case, the worker reported safety concerns after he had observed two dangerous explosions.  As a concerned employee, his response was to report the incidents to the management.  Having probably been disappointed with the response of his employer, he sought and had the right to COMPLAIN to OSHA. If you are also to do a similar action, be aware that you are required to show that

• you are engaged in protected activity
• the employer knew about that activity
• the employer subjected you to an adverse employment action, meaning a material change in the terms or conditions of employment and
• the protected activity contributed to the adverse action

How do I know if I’m already discriminated?

OSHA has a list of actions that can be considered as “discrimination.”  The list includes:

• firing or laying off
• blacklisting
• demoting
• denying overtime or promotion
• disciplining
• denial of benefits
• failure to hire or rehire
• intimidation
• reassignment affecting prospects for promotion and
• reducing pay or hours

If you experience any of these forms of discrimination, do not hesitate to call OSHA.  You may do that by contacting your local OSHA office.  Remember, you have 30 days after the discrimination happens to file a complaint.  So after assessing that your case meets the requirements, file your complaint immediately.

How do I file a complaint?

Aside from those mentioned above, you need to remember that there are laws that have different deadlines from that of OSHA’s so make sure you check that first.  Also, depending on the statute, you may need to put your complaint in writing.  After your complaint has been filed, you will be interviewed by OSHA to determine if your case needs investigation.

The law is meant to keep things in order so if you’re following it, you should know that you’re on the right track.  As the best-selling Book says, “We know that the law is good if one uses it properly.”

Increased Workplace Injuries During DST

In a recent study by Christopher M. Barnes and David T. Wagner of the Michigan State University, they found an increase in the number of job related injuries on Mondays directly following the switch to Daylight Saving Time in which an hour is lost.

During this day workers sustain more workplace injuries and of greater severity. This first part of the study is based on NIOSH’s database of mining injuries for the years 1983 – 2006.

In the second part of their study, which is based on the Bureau of Labor Statistics’ database of time use for the years 2003 – 2006, they found out that workers lose an average of 40 minutes of sleep on Mondays following the switch to DST. However, on Mondays following the shift to Standard Time, no significant lost of sleep or considerable increase in the number or severity of work related injuries were found.

Photo by frogthroat

What can we take out of this study?

In their conclusion Barnes and Wagner pointed out that “Daylight Saving Time may save daylight, but not without painful costs.” DST is practiced so that we can take advantage of longer daylight during the summer and in effect save energy. Although it is proven to be beneficial, the drawbacks have not been given enough attention. The changes in time schedule can have an important effect in our sleep pattern and activity cycle. When our normal routine gets disrupted and we don’t get the normal sleep hours we’re used to, we become prone to mistakes and focusing on simple tasks become more difficult.

When you’re in an industry where your job demands your full attention, lack of sleep may cause you to commit mistakes that you usually wouldn’t make. A possible increased injury risk following this time shift should be expected and certain precautionary measures should be taken to avoid them.

Now that we are aware of this danger, what we can do? In manufacturing or construction sites for example, the management can schedule the more dangerous tasks during the later part of the week when the workers have already adapted to the time shift.

Daylight Saving Time definitely has its benefits but there are hazards that come with it too, hazards that we need to be aware of.

For more information on Christopher M. Barnes and David T. Wagner’s study please visit:

www.apa.org