OSHA watch
COVID-19 ETS applies only to healthcare sector and new guidance issued for all non-healthcare industries
See first and second articles in this newsletter.
REP for noise begins in Midwest states
A Regional Emphasis Program (REP) of targeted outreach and enforcement of the agency's occupational noise exposure standard (29 CFR 1910.95) began in Midwest manufacturing facilities. Region V includes the states of Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin. The program begins with outreach and education activities.
Enforcement will begin no earlier than three months after outreach is initiated. The REP outlines the procedures compliance safety and health officers (CSHOs) will follow. These include a review of the 300 injury and illness logs, conducting a walk-through of the facility to obtain sound level meter readings, and full-shift noise monitoring if sound level meter readings indicate a potential for noise overexposures.
Budget request includes 12 percent funding increase and more inspectors
The proposed budget allocates $664.6 million in fiscal year 2022, which begins Oct. 1. It includes an increase in federal enforcement and federal compliance assistance, including 155 new inspectors.
New poster aimed at reducing risk of heat-related illness
As warmer temperatures approach, a new poster is intended to help keep workers safe from the heat.
New public service announcements and infographics (in English and Spanish) are also available to help get the word out on keeping workers safe in the heat.
Spring regulatory agenda includes restoring aspects of the injury and illness recordkeeping regulations
Released June 11, the agenda proposes that establishments with 250 or more employees provide electronic submissions of their injury and illness data from Forms 300 and 301 under the Improve Tracking of Workplace Injuries and Illnesses final rule. Under the Trump administration, only Form 300A was required. A notice of proposed rulemaking is scheduled to be published in December.
Three regulations moved from the long-term list to the active one, including a standard on infectious diseases, which appears in the proposed rule stage. An NPRM is scheduled to be published in December. The other two regulations that moved from the long-term list are Process Safety Management and Prevention of Major Chemical Accidents (pre-rule stage) and Shipyard Fall Protection - Scaffolds, Ladders and Other Working Surfaces (proposed rule stage). New on the active list is a regulation on preventing heat illness in outdoor and indoor work settings. Two regulations moved from the active list to the long-term list - powered industrial trucks update and the rule on drug testing and safety incentive programs.
Weekend work inspections may foretell tougher enforcement approach
An initiative centering on trenching and fall protection hazards in Colorado targets construction sites on Saturdays and Sundays and may foretell the Biden's administration approach to enforcement. Random inspections for fall protection and trenching violations are being conducted in ten growing counties near Denver.
New safety resource on job-made boxes, baskets, and platforms
A new bulletin provides instruction on how to safely construct and secure job-made boxes for lifting workers and materials.
Standard interpretations address recordability of illnesses and injuries
01/08/2021 - Reporting two related reportable events. - [1904.39]
Recent fines and awards
Federal COVID-19
- As of June 20, there were a total of 15,157 complaints and 2,234 referrals, 15,967 of which are closed. Open inspections include 656 complaint-initiated, 1,048 fatality/catastrophe, 196 referral, 126 referral-employer reported, 142 unprogrammed, 210 programmed planned, and 13 program related.
California
- A car dealership, supermarkets, and a dental supply company are among the businesses recently cited for COVID-19 violations. For a complete listing.
Florida
- A settlement was reached with a Fort Myers behavioral healthcare and residential treatment facility, SalusCare Inc., to prevent future employee injuries after a series of violent incidents in the spring and fall of 2020. As part of the settlement, the company will hire a qualified consultant to improve its workplace violence prevention program, develop a way to alert workers to violent patients and triggers that may lead to violence, revise its safety protocols, increase staffing, provide worker training, and improve communication about safety as well as pay a fine of $6,747.
Georgia
- Plastic recycler, Scrap Masters Inc., faces $164,000 in fines for exposing employees to workplace hazards after a worker sustained a fatal fall injury. While the Toccoa-based company had installed some fall protection on the platform, it failed to meet federal safety standards.
- In Secretary of Labor v. Harvestland Constructors, Inc., the Occupational Safety and Health Review Commission vacated a fall citation issued in the death of an experienced carpenter after finding there was no reason to believe he would not be wearing fall protection. Harvestland presented evidence that it had a record of disciplining workers for violating safety rules, used an outside consultant to perform monthly safety inspections, and the carpenter regularly attended weekly safety meetings. On the day of the incident, personal fall protection was installed on the second floor where the carpenter was working and other workers testified that the carpenter always wore a safety harness and attached lanyard when working around fall hazards.
Indiana
- The owner of a tanker testing and repair company, KCCS Inc., pleaded guilty to making an illegal repair to a cargo tanker in violation of the Hazardous Materials Transportation Act (HMTA) and lying to OSHA that the severely injured employee was merely an "observer," not an employee since KCCS did not have any employees. Both the HMTA violation and the false statements are punishable by up to five years in prison, up to three years of supervised release, and a fine of up to $250,000.
Michigan
- As of the end of June 26, 297 citations have been issued under the General Duty Clause for COVID-19 related violations. For a complete list of citations.
New Jersey
- Avantor Fluid Handling LLC, an Eatontown pharma, biotech manufacturer was cited for failing to protect employees adequately from workplace exposure to coronavirus after the deaths of two workers (husband and wife), the hospitalization of two others, and the infection of 30 employees in the fall of 2020. The company was cited under the General Duty Clause and faces $13,653 in proposed penalties.
New York
- Bronx contractor, Everest Scaffolding, faces $300,370 in fines for two willful and two serious violations after the death of a 21-year-old laborer, who fell nearly 50 feet during construction of a seven-story Brooklyn building. The investigation found the worker's fall arrest harness was not tethered as require.
Pennsylvania
- A U.S. Postal Service facility in Hanover Township is facing $236,783 in workplace safety fines for failing to prevent blocked, obstructed exits and other safety violations. The inspection was open because of a complaint.
Rhode Island
- The owner-operator of four medical facilities was cited for failing to protect workers from exposure to the coronavirus after six employees tested positive for the virus in the fall of 2020. The owner of North Providence Urgent Care Inc., North Providence Primary Care Associates Inc., Center of New England Urgent Care Inc., and Center of New England Primary Care Inc. continued to interact with workers and did not fully implement safeguards after he exhibited symptoms of the virus and later tested positive. The owner and his companies face a proposed fine of $136,532.
Wisconsin
- Sun Prairie-based Didion Milling faces $676,000 in fines and 14 citations for grain-handling safety violations after a manager was found dead in a silo in Cambria.