OSHA watch
COVID-19 vaccination and testing ETS on hold
All activities related to the implementation and enforcement of the ETS have been suspended pending future developments in litigation. (See first article - COVID-19 update: vaccinations, state actions, EEOC guidance)
Employers urged to focus on electrical safety
Following four electrical-related fatalities in Kansas and Missouri in five months and a nationwide increase in workplace deaths by electrocution, all employers are urged to review safe electrical work practices with their employees. Employers are required to train workers on identifying hazards and use required protective measures.
Holiday shopping season reminders
Employers are reminded that they must ensure all workers are trained to recognize and prevent job hazards as well as incorporate safe work practices to prevent coronavirus spread. For resources.
Smithfield settles COVID-19 citation
Early during the pandemic in 2020 Smithfield pork processing plant in Sioux Falls, South Dakota, experienced one of the nation's most severe COVID outbreaks, with 1,294 workers testing positive and four workers dying. The company contested a general duty citation for not doing enough to prevent the spread of the virus, arguing the safety precautions were unclear at the time. In its settlement, the company has agreed to assemble a team of company and third-party experts to develop an infectious disease preparedness plan that the company will implement at all its processing facilities nationwide and pay the assessed penalty of $13,494.
New online portal simplifies application process for Voluntary Protection Programs
A new online portal for submitting applications for the Voluntary Protection Programs (VPP) is now available. The new portal modernizes the application process for companies that qualify for VPP.
EEOC, DOL, NLRB partner on retaliation initiative
A joint initiative of the EEOC, the Department of Labor (DOL), and the NLRB began November 17 to increase awareness about retaliation issues when workers exercise their protected labor rights. It will include collaboration among the agencies to protect workers on issues of unlawful retaliatory conduct, educate the public and engage with employers, business organizations, labor organizations, and civil rights groups. Retaliation charges have increased as a percentage of the total number of charges filed with the EEOC every year for the last 20 years.
Recent fines and awards
Connecticut
- Inspected under the NEP on hexavalent chromium, Kaman Air Vehicles, an aircraft parts manufacturer, failed to protect employees from hexavalent chromium and cadmium, both known carcinogens, at its Bloomfield facility. The company received two willful, four serious, and two other-than-serious violations and faces proposed penalties of $308,168.
Florida
- One of the nation's leading residential solar panel installation contractors, Marc Jones Construction LLC operating as Sunpro Solar, has again been cited for exposing workers to fall hazards at a Naples worksite. Cited twice previously in Texas in the last two years, the company faces $160,913 in penalties.
Georgia
- Investigating the death of a 24-year-old worker, inspectors found that Mathis Grading bypassed safety requirements at a Dawsonville worksite and did not notify the agency in the required time. The company faces $20,480 in proposed penalties.
Rhode Island
- Two contractors, Reyes Landscaping Inc. and TRD Contracting LLC, were cited for exposing workers to cave-in hazards at a Warwick sewer line excavation. Reyes Landscaping faces two willful and five serious violations, with penalties of $63,586 and TRD Contracting faces four serious violations with $11,704 in penalties.
Wisconsin
- An investigation of the injury of a worker who lost two fingers to amputation at Waupaca Foundry Inc. in Marinette led to a second scheduled inspection under the NEP for Primary Metals, which in turn led to a third inspection of another injury. The inspections determined that lockout/tagout violations exposed workers to hazards and there were violations related to exposures to respirable crystalline silica and noise. The company received one willful, seven serious, and five other-than-serious citations and faces proposed penalties of $200,895.
Whistleblower actions
- Crane Masters Inc. of Houston, TX was ordered to pay almost $24,000 to a worker who refused to drive more than the FMCSA safe driving limits.
- A lawsuit alleges Peterbilt Motor Co. in Denton, TX fired a worker who expressed concerns about COVID-19.
- All Seasons Hospitality and Investments LLC and owner Tanvir Shahmohd, operator of a Houston-area hotel, has agreed to pay back wages and damages to a worker who was refused medical help and fired after complaining about carbon monoxide exposure.