OSHA watch

Preliminary list of top ten violations includes Fall Protection - Training Requirements for first time

While the preliminary list of the Top 10 violations for Fiscal Year 2017 remains largely unchanged from 2016, there is a newcomer in ninth place- Fall Protection - Training Requirements.

The full list:

1. Fall Protection - General Requirements (1926.501) - 6,072
2. Hazard Communication (1910.1200) - 4,176
3. Scaffolding (1926.451) - 3,288
4. Respiratory Protection (1910.134) - 3,097
5. Lockout/Tagout (1910.147) - 2,877
6. Ladders (1926.1053) - 2,241
7. Powered Industrial Trucks (1910.178) - 2,162
8. Machine Guarding (1910.212) - 1,933
9. Fall Protection - Training Requirements (1926.503) - 1,523
10. Electrical - Wiring Methods (1910.305) - 1,405

Enforcement policy for construction silica standard announced: 30-day grace period

A memorandum explaining how the enforcement for the construction silica standard would proceed was issued shortly before the effective date of Sept. 23, 2017. For the first 30 days of enforcement employers who, in good faith, are trying to comply with the requirements of the standard but are unable to reduce exposures below the new permissible exposure limit or are unable to fully comply with Table 1 will not be issued citations. Instead, they will receive "compliance assistance and outreach."

If during an inspection it appears that an employer is not making any efforts to comply with the standard, air monitoring will be conducted and citations may be issued. Additionally, the memorandum notes that inspection and citation guidance for its compliance officers and a compliance directive will soon follow.

One-year delay on crane operator certification requirements sought

In 2010 a final rule regulating cranes and derricks in the construction industry, Cranes and Derricks in Construction, Subpart CC (29 C.F.R. 1926.1400, et al.) was promulgated and set to go into effect in November 2014. After a public comment period and concerns expressed by stakeholders, the agency extended the crane operator certification requirements from November 10, 2014 to November 10, 2017. During this three-year period, the intention was to develop a new standard that addressed operator qualification requirements. It's now proposed to further delay the November 10, 2017 deadline by one year to November 10, 2018 to address the stakeholder concerns.

New PSM guide focuses on petroleum refineries

A guide intended to help oil refineries comply with the Process Safety Management Standard (1910.119) makes recommendations for employers to review their PSM programs to ensure violations are not present, and suggests ways to avoid specific violations within each PSM area.

Latest 'Fatal Facts' examines fall from forklift-elevated pallet

Detailing the death of a full-time warehouse worker who was killed after falling seven feet from a pallet to a lower level, the latest Fatal Facts, warns employees and employers about the dangers of falling from pallets raised by forklifts and advises employers on how to prevent such fatalities.

MIOSHA offers kit, video to help medical and dental offices comply with regs

The Michigan Occupational Safety and Health Administration has released a toolkit and video to help doctors and dentist offices comply with state health standards.The kit includes a compliance checklist for applicable MIOSHA health standards, posters, sample templates for required written policies, and training programs. To download the kit, visit www.michigan.gov/miosha, click on "A to Z Topic Index" on the left side of the page and then scroll to the letter "D" to find a section for "Doctors/Dentist Office."

Enforcement notes

California

• Cal/OSHA issued five citations and $51,160 in penalties to Aero Pacific Corp. in Placenta for safety violations after a worker was struck and killed by a moving spindle. Inspectors determined that, among other violations, the company failed to identify and correct machinery hazards in the workplace, and train workers on the control of hazardous energy.
• Cal/OSHA issued five citations and $68,435 in penalties to RWC Building Products in San Marcos following the death of a worker who fell from a truck-mounted conveyor belt. Inspectors concluded that the company failed to ensure that workers were wearing approved personal fall protection equipment while unloading material onto a roof, did not perform periodic inspections to identify unsafe conditions and work practices at job delivery sites, and failed to provide effective training for supervisors to recognize safety and health hazard.

Florida

• Following an inspection initiated by a complaint of unsafe work conditions, Hometown Foods USA dba Bagelmania Inc. in Medley was cited for 16 safety and health violations, including failing to ensure proper machine guarding on equipment, provide personal protective equipment, develop a lockout/tagout program, and develop a hearing conservation program. Proposed penalties are $129,145.

Illinois / Georgia

• The Chicago facility of Atlanta-based BWAY Corp., a manufacturer of rigid metal, plastic, and hybrid containers, is facing $503,380 in proposed penalties and has been placed in the Severe Violator Program after four separate reports of employee injuries, three of which involved amputations. Included in the violations were repeated citations for failing to train workers in lockout/tagout procedures that prevent unintentional machine movement and inadequate machine guarding on a mechanical power press, belts and pulleys, and chains and sprockets.

Minnesota

• Minnesota OSHA issued three citations and $184,100 in penalties to Visu-Sewer Inc., in Saint Paul for safety violations when a worker was fatally injured after becoming entangled in sewer lining equipment. Inspectors determined that the company failed to train workers in the recognition and avoidance of unsafe conditions, did not equip a hydraulic roller to cut off power, and allowed workers to use equipment modified from the manufacturer's specifications for safe operation.

Nebraska

• An administrative law judge of the OSHRC affirmed in part and vacated in part citations against a residential roofing contractor, Papillion-based Elite Builders Inc., that claimed the citations were issued with vindictive motivation and with an improperly executed warrant. The company was inspected twice and on the second inspection, it refused entry to the site and told the inspector to get a warrant. The judge rejected the arguments about the validity of the warrant and vindictive prosecution, but found the agency failed to prove the company did not provide adequate fall protection training as well as violations related to scaffolding construction and guardrails.

Pennsylvania

• The OSHRC upheld a willful safety violation and vacated another violation in an incident that caused a four-story freestanding wall to fall on top of an adjacent Salvation Army retail store, killing six people inside and injuring 12 others. After the contractors were prosecuted criminally, the Commission settled the case with the general contractor, and then addressed the contractor who did the demolition. The central issue of the case was whether the contractor, Mr. Benschop, was an employer with an employee at the worksite or an employee of the general contractor. The Commission found that he was an employer and had willfully placed his employee in danger, but it applied a 20% discount to the penalty due to the small size of the employer, resulting in a final assessed penalty of $56,000.