OSHA watch
Rise in trench-related worker deaths prompts enhanced enforcement efforts
Twenty-two workers died in trenching accidents in the first half of this year, a 47 percent increase from the 15 recorded for the entire year in 2021. According to the announcement, compliance officers will consider every available tool and will perform more than 1,000 trench inspections nationwide where they may stop by, and inspect, any excavation site during their daily duties. "These actions will place additional emphasis on how agency officials evaluate penalties for trenching and excavation-related incidents, including criminal referrals for federal or state prosecution to hold employers and others accountable when their actions or inactions kill workers or put their lives at risk."
Noting that such tragedies are preventable, an incident in Jarell, Texas was highlighted. Two workers suffered fatal injuries when an unprotected trench more than 20 feet deep collapsed on them as they worked. OSHA-required trench shields sat unused beside the excavation.
Trenching and excavation safety resources
Weekend work initiative in Colorado, Montana, and South Dakota
Deaths and serious injuries resulting from falls in the construction industry in recent years have prompted an initiative to inspect worksites across Colorado's Front Range, Montana, and South Dakota on weekends, "when many employers typically do not monitor their jobsites well." The initiative is slated to run through the fall.
Spring 2022 regulatory agenda highlights
Highlights of the Spring regulatory agenda include:
- HazCom standard update was moved from the proposed rule stage to the final rule stage and could happen in December
- A permanent COVID-19 standard for the health care industry is in the final rule stage and expected sometime in the fall
- Infectious Diseases standard is listed in the proposed rule stage, with a notice of proposed rulemaking slated for May at the earliest
- Emergency Response standard was moved from the pre-rule to the proposed rule stage, but a notice of proposed rulemaking is not expected to appear until at least May
- The rulemaking record on clarifying parts of the Walking-Working Surfaces standards is being reopened and moved from final rule to proposed rule stage
- Revisions to Table 1 of the silica standard for construction was moved from the proposed rule stage to the list of long-term actions
Proposed rulemaking to approve Massachusetts State Plan for government workers
A proposed rulemaking to approve a new occupational safety and health plan for Massachusetts state and local employers and their employees was recently published. The plan would cover approximately 6,500 public sector employers and nearly 434,000 public employees throughout the state. Private sector and federally employed workers in Massachusetts would remain under federal OSHA jurisdiction.
Calculating the cost of injuries
The Safety Pays Program can help employers estimate the immediate and long-term costs that worker injuries have on lost profits and increased workers' compensation insurance premiums.
Safe and Sound Week August 15-21
Employers can register now to participate in this nationwide event that recognizes the successes of workplace safety and health programs and offers information and ideas on how to keep workers safe.
MIOSHA adopts NEP on heat hazards
MIOSHA has adopted the federal National Emphasis Program (NEP) focused on heat hazards as a State Emphasis Program (SEP) to identify and eliminate or reduce exposures to heat-related hazards through inspection targeting, outreach, and compliance assistance. As part of the SEP, MIOSHA has developed a sample heat illness prevention plan that employers can use as a template to establish their heat illness prevention procedures and reduce the risk of work-related heat illness among their employees.
Recent fines and awards
Florida
- A Family Dollar store in Orlando faces penalties of $330,446 after an investigation into a fatal shoplifting incident uncovered willful and repeat safety violations. After struggling with a shoplifter in a failed effort to prevent their escape with merchandise, a 41-year-old store employee experienced shortness of breath and nausea and later died at a local hospital. Following an investigation, the company was cited for entrapment hazards and received a hazard alert letter for exposing employees to serious conditions associated with workplace violence. The national discount retailer was instructed to develop and train employees on proper procedures in case of a robbery or shoplifting incident and provide a means for workers to request immediate assistance from the local police department or an alarm company. It was cited with one willful violation for keeping an emergency exit door locked with a single key held by management and two repeat violations for failing to keep an unobstructed pathway for workers to walk through and for allowing aisles to remain obstructed by carts and merchandise boxes.
- An investigation into a roof collapse that caused a 43-year-old laborer's fatal injuries at a Middleburg work site found Orange Park's SB Outdoor Services and Aquaglobal Corp., a Jacksonville company that subcontracted the backyard cleanup, failed to have a qualified engineer perform a survey to evaluate the storage shed's stability before the tear-down began. Penalties proposed are $46,021 to SB Outdoor Services and $5,801 to Aquaglobal Corp.
- Union Carpentry LLC, a Fort Pierce carpentry contractor, was cited for one willful violation for failing to ensure employees wore fall protection while exposed to fall hazards, and one serious violation for failing to train workers on the correct use of fall arrest systems after a 19-year-old worker suffered fatal injuries in a 25-foot fall. Proposed penalties are $32,113.
- Ballhawker of Florida Inc. was cited for 12 serious violations after a 26-year-old diver drowned in a pond on Ponte Vedra Beach golf course while recovering sunken golf balls. Inspectors found the employer failed to ensure adequate supervision and properly train workers. Proposed penalties are $55,870.
- Following the death of a 25-year-old worker, J & L Roofing Inc., a Pompano Beach roofing contractor, was cited for one willful violation for exposing workers engaged in roofing activities to fall hazards without protection, and one serious violation for failing to train workers on the correct use of fall arrest systems. Proposed penalties are $74,751.
Pennsylvania
- A Dollar General store in Greencastle has been cited for the second time in a year and was cited with two repeat violations for blocked and constricted exit routes. Proposed penalties are $136,741.
Wisconsin
- Lucio Perez Lopez, operating as Lopez Roofing in Appleton, was cited for allowing three roofers to work at heights up to 18 feet without anchoring their fall protection, making it useless in preventing serious or fatal injuries. The company received one repeat and one serious violation with proposed penalties of $94,263.