OSHA watch

National Emphasis Program (NEP) for COVID-19 revised, Interim Enforcement Response Plan (IERP) updated, and mask guidance issued

See first article.

Enforcement guidance for tree care industry updated

A memorandum updating enforcement guidance for CSHOs when inspecting tree care and tree removal operations provides inspectors with a list of common hazards and applicable standards. Some topics addressed are falls, personal protective equipment (PPE), noise exposure, machine guarding, and first-aid kits. There is not a specific standard for tree care operations, but it is addressed by the General Industry standards and the General Duty Clause.

Late filers of 300A will not be penalized if due to access to the ITA

A May 6, 2021 standard interpretation letter provided new enforcement guidance stating that employers who could not file 300A reports because of issues associated with the Injury Tracking Application (ITA) will not be cited, provided the data was submitted on a timely basis once the ITA became operational.

Public input sought on updating mechanical power presses standard

A Request for Information seeking public input on updates to the mechanical power presses standard was issued July 28. Comments are due by October 26.

New directive focuses on family members of workers killed on the job

An instrumental directive to ensure the agency "communicates its fatality inspection procedures to the victim's family and facilitates the exchange of information throughout the inspection and settlement process" was issued July 7 and updated templates for five agency letters.

State OSHA

COVID-19

The Nevada Division of Industrial Relations adopted the federal ETS that addressed workplace safety in the health care sector during the COVID-19 pandemic.

Oregon removed the facial covering and physical distancing requirements of its COVID-19 rules for workplaces with certain exceptions, including health care, public transit, and airports. Other aspects of the rule, including ventilation and notification rules, remain in place.

Heat safety rules

Oregon-OSHA has adopted emergency heat safety rules that apply whenever employees must work when the heat index is 80 degrees or more. Washington state's Department of Labor & Industries filed an emergency outdoor heat exposure rule on July 9 that outlined steps employers must take during extreme heat to protect outdoor workers from heat-related illnesses and injuries. The department has also filed an official notification for permanent rulemaking.

Maryland and Virginia are also reportedly working on permanent heat stress standards.

Recent fines and awards

COVID-19

• According to the Labor and Employment law firm, Conn Maciel Carey, approximately 1,000 COVID-19 inspections (approximately 600 under the COVID-19 NEP) have taken place under the Biden administration, resulting in 206 citations.

California

• Three chain grocery stores, El Super stores, run by Bodega Latina Corp. were cited for failing to provide or delaying supplemental paid sick leave or other benefits to 95 workers impacted by COVID-19. They allegedly forced employees to work while sick and told others to apply for unemployment while quarantining or in isolation. The chain has been fined $447,836.

Georgia

• Six preventable deaths have led to almost $1 million in penalties issued to four companies that were involved in a freezer malfunction that resulted in the release of the deadly liquid nitrogen. Foundation Food Group of Gainesville, Messer LLC of New Jersey, Packers Sanitation Services Inc. Ltd. of Kieler, Wisconsin, and FS Group Inc. of Albertville, Alabama, all responsible for the poultry processing facility operations in Gainesville, were cited for a total of 59 violations and $998,637 in penalties. In addition to the deaths, at least a dozen other workers needed hospital care.
• National Fabricating Services, a recycling contractor operating as Quality Machine and Fabrication in Greenville, faces $112,000 in penalties for failing to address issues identified in a 2019 workplace fatality investigation. In the follow-up inspection, investigators found that workers did not complete training before operating telescoping forklifts and failed to examine the forklifts before placing them in service. In addition to the two repeat violations, eight serious citations were issued.

Illinois

• A federal court has ordered a Northbrook waste management company, Advanced Disposal Services Solid Waste Midwest LLC, to pay a whistleblower $95,000 in back pay after the truck driver cited concerns about a vehicle's safety hazards and ultimately was fired.

Missouri

• Three employers were cited for exposing workers and residents to asbestos at a residential care facility. Inspected after residents were evacuated by another state agency, Eastern Coast Management Inc., SRZ Mgmt Holdings LLC, and SRZ OP Bentonview LLC were cited for failing to test for the presence of asbestos, erect protective barriers to contain residue, and failing to use respiratory and personal protective equipment to prevent exposure during a floor replacement project at the Bentonview Park Health & Rehabilitation in St. Monett. Proposed penalties total more than $238,000.
• MFA Enterprises Inc. operating as West Central Agri Services faces one willful and six serious safety violations following a dust explosion that injured an employee and caused the destruction of the main elevator at an Adrian grain loading facility. Proposed penalties are $215,525.

Nebraska

• The owners of Nebraska Railcar Cleaning Services LLC. pleaded guilty in federal court, to charges stemming from an investigation into a 2015 railcar explosion that killed two workers. They were charged with conspiracy, violating worker safety standards resulting in worker deaths, violating the Resource Conservation and Recovery Act, and submitting false documents to OSHA. Sentencing is set for Oct. 25.

New Jersey

• A Bergen County contractor, Janiec Roofing Inc., who agreed to make safety improvements after federal safety inspections in 2019 identified nine violations with proposed penalties of $121,687, has violated its settlement agreement. Following inspections in 2020 and 2021, the company now faces $600,741 in penalties for 10 more violations.

Wisconsin

• Tramont Manufacturing LLC of Milwaukee was cited for four repeated, nine serious, and three other-than-serious safety violations for again exposing workers to unguarded machines, noise, and eye and face hazards. This was a follow-up inspection after the company failed to provide information on how it had abated the earlier hazards. Proposed penalties are $216,307.

Tennessee

• Clarksburg Supermarket in Clarksburg was fined more than $65,000 for allowing a teenager to clean a meat grinder, which led to the amputation of his right arm. It was cited under the child labor requirements of the Fair Labor Standards Act that forbid workers under the age of 18 from operating or cleaning power-driven meat-processing machines.