OSHA watch

Affordable Care Act protects employees from retaliation under new OSHA rules

OSHA has issued an interim final rule implementing Section 1558, the Affordable Care Act's (ACA) anti-retaliation provision. Section 1558 expressly prohibits an employer from retaliating against an employee for engaging in any of the protected activities under the statute. OSHA has also issued a fact sheet that outlines how employees may file a retaliation complaint under the ACA.

Section 1558 provides that an employer may not discharge or in any manner retaliate against an employee because he or she:

• received a premium tax credit or a subsidy to purchase health care coverage;
• provided or caused to be provided (or is about to provide or cause to be provided) to the employer, the federal government, or the attorney general of a state information relating to any violation of, or any act or omission the employee reasonably believes to be a violation of Title I of the ACA;
• testified, assisted, or participated, or is about to testify, assist, or participate in a proceeding concerning such violation
• objected to, or refused to participate in, any activity, policy, practice, or assigned task that the employee (or other such person) reasonably believed to be in violation of any provision of Title I of the ACA, or any order, rule, regulation, standard, or ban under Title I of the ACA

According to our strategic partner, HR That Works!, Section 1558 also includes an employee-friendly burden of proof. The employee must prove by a preponderance of the evidence that his or her participation in a protected activity was a contributing factor to the employment action taken against him by the employer. The burden then shifts to the employer to prove by clear and convincing evidence-a much more difficult burden of proof-that the employer would have taken the same action against the employee if the employee had not engaged in the protected conduct.

New slide presentation on injury and prevention programs

OSHA has published a new slide presentation on the value of injury and illness prevention programs - a proactive process to help employers find and fix workplace hazards before workers are hurt.

Updated abrasive wheel grinder checklist

To help employers understand which standards apply to the use of abrasive wheel grinders, OSHA has updated its abrasive wheel grinder checklist.

Recent fines and awards

Food by-products processing facility faces over $90,000 in fines - Nebraska

Darling International Inc., which operates as DarPro in Lexington, NB was cited with six safety violations, including one repeat, for failing to properly adjust or provide adequate machine guarding at its food byproducts processing facility. Proposed penalties of $91,300 resulted from the January local emphasis program inspection for high-hazard general industry establishments.

Henningsen Foods Inc. cited after two workers suffer burns - Nebraska

Henningsen Foods Inc. was cited with seven alleged safety violations, including one repeat, after two workers received multiple burns while performing maintenance on gas vaporizers at its Norfolk facility. The inspection was expanded under OSHA's Site Specific Targeting Program for industries with high injury and illness rates. Proposed fines total $45,000.

Nebraska Beef Ltd. faces $61,084 in fines - Nebraska

An inspection under the local emphasis program for high-hazard general industry establishments, led to the citation of Nebraska Beef Ltd. with eight safety violations, including one repeat, for failing to guard open stairs and platforms to prevent a fall hazard at its Omaha beef processing plant. Proposed penalties are $61,084.

Stucco contractor fined more than $70,000 for scaffolding hazards and exposing workers to falls - New Jersey

Paterson-based F&G Sons Contractors Inc., doing business as F&G Contractors Inc., was cited with five repeat and one serious violation, including scaffolding and fall hazards, found at a Kinnelon work site. OSHA's October 2012 investigation was initiated in response to an imminent danger complaint and resulted in $70,840 in penalties.

Laundry facility fined nearly $165,000 for safety and health violations - New Jersey

Brite Services Inc., doing business as Star Laundry, was cited for 39 serious safety and health violations found at its commercial laundry facility in Paterson. Inspectors were prompted by a complaint alleging the company would not allow workers to leave the building during an emergency. Proposed penalties total $164,700.

Pier 1 Imports fined $45,100 for repeat safety violations - New York

Pier 1 Imports was cited with five alleged safety violations, including two repeat, for exposing workers to continued safety hazards at its Staten Island store. OSHA's September 2012 inspection was initiated in response to a complaint and resulted in $45,100 in proposed penalties.

New England Wood Pellet LLC cited for fire and combustible dust hazards - New York

New England Wood Pellet LLC was cited for alleged repeat and serious safety violations following inspections of the company's Schuyler and Deposit manufacturing plants where workers were exposed to fire, rapid combustion and wood dust explosion hazards due to deficient implementation of protective measures in the wood pellet processing system and related equipment. Proposed penalties total $47,710.

Mahle Engine Components USA Inc. faces $369,000 in fines - Ohio

Mahle Engine Components USA Inc. was cited with 26 health and safety violations, including eight repeat, for exposing workers to electrical, lead and machine guarding hazards at its McConnelsville automotive parts manufacturing facility. Violations included failing to ground pins from electrical equipment, record employees' blood lead levels to monitor exposure to lead, and provide appropriate personal protective equipment and require its use.

Proposed fines total $369,000. Because of the hazards and violations cited, Mahle Engine Components has been placed in OSHA's Severe Violator Enforcement Program.

Chemical distributor fined more than $64,000 for safety, chemical hazards - Pennsylvania

Brenntag Northeast Inc. was cited with 14 safety violations, including chemical hazards found at the company's Reading facility. OSHA's inspection was initiated as part of the agency's National Emphasis Program on process safety management for covered chemical facilities. The inspection resulted in $64,665 in proposed penalties.

Masonry company fined more than $73,000 for fall and other safety hazards - Pennsylvania

Lansdowne-based J.C. Stucco and Stone, doing business as J.C. Construction, was cited with four repeat and two serious safety violations, including fall hazards found at a Philadelphia work site. OSHA's inspection was initiated as part of the agency's regional emphasis program on falls. Proposed penalties total $73,150.

Worker fatality leads to citation of natural gas company - Pennsylvania

Natural gas producer and operator J.R. Resources was cited with eight safety and health violations at its Ringgold gas well site. OSHA began the August 2012 inspection after a worker, who was not provided or required to wear flame- resistant clothing, died from injuries sustained during a flash fire.

Richelieu Foods faces $228,900 in fines - Wisconsin

Richelieu Foods Inc. was cited with 27 health and safety violations, including two repeat, for inadequate lockout/tagout (hazardous energy control) procedures after an August 2012 inspection at the company's Beaver Dam facility was opened under OSHA's Site Specific Targeting Program for industries with high injury and illness rates. Proposed fines total $228,900 and because of the hazards and the violations cited, Richelieu Foods has been placed in OSHA's Severe Violator Enforcement Program.

Detailed descriptions of the citations above and other OSHA citations can be found here.