OSHA watch
Proposed revisions to Beryllium Standards for Construction and Shipyards finalized
The June 27, 2017 proposal to revise the construction and shipyards standards was finalized on September 30. A news release notes the rule:
- Does not implement the proposal to revoke all of the standards' ancillary provisions, but
- Extends the compliance dates for the ancillary provisions to September 30, 2020 to account for the new proposal to revise or remove specific provisions; and
- Maintains enforcement of the permissible exposure limit
Final rule issued for new respirator fit testing protocols
A final rule which becomes effective September 26, 2019 adds two fit testing protocols to the agency's respiratory protection standard (1910.134) was published in the Federal Register on September 26.
The additions are:
- The modified ambient aerosol condensation nuclei counter quantitative fit testing protocol for full-facepiece and half-mask elastomeric respirators
- The modified ambient aerosol CNC quantitative fit testing protocol for filtering facepiece respirators
These new methods are in addition to the standard's four existing protocols and are variations of OSHA's original ambient aerosol CNC protocol, but have fewer test exercises, shorter exercise duration, and a more streamlined sampling sequence.
New secretary of labor
Eugene Scalia is the new secretary of labor, after the Senate confirmed him Sept. 26 in a 53-44 vote. Scalia, a corporate lawyer and the son of late Supreme Court Justice Antonin Scalia, replaces acting Secretary of Labor Patrick Pizzella who has been in charge of the department since R. Alexander Acosta resigned on July 19.
New weighting system for inspections
Under the current enforcement weighting system, certain inspections are weighted based on the time taken to complete the inspection or, in some cases, the impact of the inspection on workplace safety and health. The Weighting System (OWS) for fiscal year (FY) 2020 adds enforcement initiatives such as the Site-Specific Targeting to the weighting system and other factors, including agency priorities and the impact of inspections. It will incorporate the three major work elements performed by the field: enforcement activity, essential enforcement support functions (e.g., severe injury reporting and complaint resolution), and compliance assistance efforts.
Tribal business not subject to OSH Act
In Secretary of Labor v. Red Lake Nation Fisheries Inc., an administrative judge dismissed citations levied against a fishery after two of its workers drowned, finding that the 8th U.S. Circuit Court of Appeals in St. Paul, Minnesota, had previously held that the U.S. Secretary of Labor does not have the authority to enter tribal lands to inspect a workplace. Red Lake Nation Fisheries Inc., based in Redby, Minnesota, is owned and operated by federally recognized Indian tribe the Red Lake Band of Chippewa Indians.
New alert: working safely near overhead powerlines
The latest alert offers solutions for working safely near overhead power lines.
Oil and gas training tool
The updated Oil and Gas Well Drilling and Servicing eTool includes solutions to common well site incidents, hot work, and hydrogen sulfide hazards.
Joint guidance on GHS pictogram requirements
In concert with Health Canada, joint guidance on pictogram requirements for three hazard communication categories has been released. The categories are Hazards Not Otherwise Classified, Physical Hazards Not Otherwise Classified, and Health Hazards Not Otherwise Classified.
Cal OSHA overhauls reporting requirements for serious injuries
Changes to the definition of "serious injury or illness" bring California injury reporting requirements more in line with the federal hospitalization and amputation rule. The new rule:
- Eliminates the old 24-hour minimum time for a stay at the hospital for an inpatient hospitalization to become reportable;
- Specifies an inpatient hospitalization must be required for something "other than medical observation or diagnostic testing"
- Replaces "loss of a member" with the term "amputation"
- Includes loss of an eye as a specific type of reportable injury
- Deletes the exclusion for serious injuries or deaths caused by a violation of the Penal Code
- Narrows the exclusion for injuries caused by auto accidents on a public street; accidents that occur in a construction zone are now reportable
Recent fines and awards
Florida
- Twins Twins LLC, a tortilla company, was cited for exposing employees to amputations at the company's facility in Labelle. The company faces $81,682 in penalties. Conducted under the National Emphasis Program on Amputations and Regional Emphasis Program for Powered Industrial Trucks, the inspection found several violations related to lockout tagout, machine guarding, and failure to report a partial finger amputation within 24 hours of the employee's hospitalization. The company was placed in the Severe Violator Enforcement Program.
- Hough Roofing Inc., based in Palm Bay, was cited for exposing employees to fall hazards after a worker suffered a fatal injury from a fall while performing roofing activities at a work site in Melbourne. The roofing contractor faces $26,142 in penalties
- UPS Inc. was cited for failing to protect employees working in excessive heat after an employee suffered heat-related injuries near the Riviera Beach facility. The company faces $13,260 in penalties, the maximum penalty allowed by law for a serious violation.
Georgia
- Hyundai Transys Georgia Powertrain Inc., operating as Powertech America Inc., was cited for exposing employees to struck-by and fall hazards after a fatality at the company's West Point facility. The automobile transmission manufacturer faces $68,194 in penalties.
Illinois
- Polo Masonry Builders Inc., based in Park Ridge, was cited for exposing employees to fall and scaffolding hazards while working on a commercial building project in Chicago and faces penalties of $252,136. The company, which has been cited for fall protection violations 13 times since 2010, was placed in the Severe Violator Enforcement Program.
Michigan
- A settlement was reached with Kamphuis Pipeline Company, based in Grand Rapids, to resolve trenching hazard-related citations. The company agreed to cease business operations and pay penalties of $509,071 for willful and serious violations. Company owner and founder Daniel J. Kamphuis agreed to surrender his North Dakota contractor license and both he and the company also agreed not to have any ownership or managerial interest in any construction business conducting trenching and excavation activities within the United States in the future.
New York
- Rex Harper, doing business as REH Property Maintenance, was cited for improper asbestos removal and disposal at Superior Steel Door & Trim Co. Inc. in Jamestown. Harper faces $168,772 in proposed penalties.
North Carolina
- Oldcastle APG South Inc., based in Greensboro, and operating as Coastal, was cited for exposing employees to amputation, struck-by and silica hazards at the company's facility in Riviera Beach, Florida. Oldcastle APG South Inc. faces $132,037 in penalties.
Wisconsin
- Koller Industries operating as Aurora Castings Services was cited for continually exposing employees to machine hazards at the facility in Niagara. The company is contesting the citations that total $ 206,291 in penalties.
- Wood Sewer & Excavation Inc. was cited for willfully exposing employees to excavation hazards at a construction site in Fox Point. The company faces $65,921 in penalties.