OSHA watch

COVID-19 ETS submitted to OMB for final approval

See article COVID-19: federal, state, and other updates for details.

Cal/OSHA leader tapped to head federal OSHA

Pres. Biden has nominated Doug Parker for Assistant Secretary of Labor for OSHA, the top job at federal OSHA. He has served as head of Cal/OSHA since the summer of 2019. Under his leadership, the agency developed a Workplace Violence Prevention in Healthcare, oversaw the development of the Permanent Wildfire Smoke Rule, significantly expanded the definition of repeat violations, and developed Cal/OSHA's COVID-19 Emergency Temporary Standard (ETS), considered the toughest in the country. An experienced attorney, Mr. Parker has been an advocate for worker safety throughout his career.

The OSHA Defense Report blog by the law firm Conn Maciel Carey notes, "In addition to the timing of the nomination, which signals the high priority the Biden Administration is placing on OSHA, the selection of Mr. Parker for the role similarly indicates that OSHA will renew a focus on enforcement and rulemaking. Cal/OSHA has always been among the more aggressive, enforcement-heavy State OSH Plans, and Mr. Parker's tenure there was no exception."

The nomination must be confirmed by the Senate.

GHS alignment: comment period extended on proposed updates to hazcom regs

The comment period on a proposed rule that would update the regulations on hazard communication to align with the seventh version of the Globally Harmonized System of Classification and Labeling of Chemicals has been extended to May 19.

Public meeting on Whistleblower Protection Program

A public meeting is set for May 19 to gather input on improving the Whistleblower Protection Programs. According to a notice published in the April 8 Federal Register, the meeting will take place at 1 p.m. Eastern via telephone. Anyone interested in presenting must register by May 12 - the same deadline to submit comments.

New fact sheets on sharps disposal containers

Two new fact sheets on sharps disposal containers address supply shortages and reducing needlestick injuries for vaccinators and others assisting at COVID-19 vaccination sites.

Counterfeit respirators

Counterfeit 3M respirators are being distributed in healthcare facilities. The Health Professionals and Allied Employees union has created a guide to identify fake masks.

Recent fines and awards

COVID-19-related citations
Federal

• The owner of a Lynn, Massachusetts, tax preparation service, Liberty Tax Service faces $136,532 in penalties for prohibiting her employees and customers from wearing masks, failing to ensure employees and customers practiced social distancing, and refusing to implement other safeguards against the coronavirus.
• Midwest Warehouse and Distribution System Inc. of Naperville, IL was cited for failing to follow its own internally developed controls to contain COVID-19 exposure after 23 employees tested positive for the coronavirus, including one worker who died. The company faces a penalty of $12,288 for one serious violation of the general duty clause
• As of April 25, there were a total of 14,780 complaints and 2,167 referrals, 15,115 of which are closed. Open inspections include 543 complaint-initiated, 1,024 fatality/catastrophe, 173 referral, 116 referral-employer reported, 135 unprogrammed, 68 programmed planned, and 12 program related.

Cal/OSHA

• On April 5, 12 employers were cited for COVID-19 related violations. Five inspections were fatality initiated and five were complaint initiated. Fines ranged from $560 to over $67,500 and included nursing homes, manufacturing plants, food wholesalers, a bakery, farm labor contractors, and restaurants.

MIOSHA

• As of April 23, 228 citations have been issued under the General Duty Clause for COVID-19 related violations, with fines ranging from $0 to $16,800. For a complete list of citations.

Non-COVID citations
California

• Cal/OSHA cited lumber producer Sierra Pacific Industries Inc. for nine violations, including three serious accident-related, three serious, and three general in nature, for failing to test the discharge piping prior to operating the compressor, among other alleged failures after the death of an employee in an explosion. The company faces $108,300 in penalties.

Florida

• P & S Service Group Inc., a framing and sheathing contractor, was cited for repeat violations for failing to ensure employees used a fall protection system while working from heights greater than 6 feet at a Bunnell residential worksite. Inspected under the Regional Emphasis Program for Falls in Construction, the company faces $61,575 in penalties.

Georgia

• An incident at Foundation Food Group Services in Gainesville where a liquid nitrogen leak killed six workers on Jan. 28, 2021 is actively being investigated as well as complaints about the existence of hazards.

Illinois

• North American Lighting Inc. faces $85,826 in penalties after a maintenance technician suffered facial burns when pressurized material in a plastic molding machine exploded at the Paris facility. The company was cited for one repeat violation and three serious violations of machine safety standards and requirements for personal protective equipment.

Maine

• The Shyft Group Duramag LLC, formerly F3 MFG Inc., faces $393,992 in proposed fines for not addressing employee complaints about fall, noise, and other hazards. The plant received two willful and 10 serious citations.

New Jersey

• Dana Container Inc., a transportation company, based in Avenel, has pleaded guilty to workplace safety violations that resulted in a worker's death. The worker was scraping crude oil from a rail car and died on the scene of asphyxiation. The inspection determined the car was oxygen-deficient and, although the company was aware of regulations requiring the use of a certified respirator for such confined space tasks, the worker did not have one. A sentence following a finding of guilt will be imposed by the Judge after consideration of the applicable federal sentencing statutes.The maximum penalty under federal law for this offense is a $500,000 fine and a 5-year term of probation.

New York

• Bouchard Transportation Co. Inc., a Long Island-based petroleum barge company and three former and current management officials have paid $375,000 in restitution to the brother of one of two seamen killed in a barge explosion off the coast of Texas. The seaman alleged the company fired him for cooperating with investigators and reporting safety concerns to the U.S. Coast Guard.
• RC Structures Inc. of Roslyn, a Long Island superstructure, foundation and concrete company will pay $135,612 in penalties stemming from the collapse of an approximately 30-foot-deep trench in Oyster Bay that led to the deaths of two workers. RC Structures agreed to pay the penalties and certify that it will no longer dig excavations.