OSHA watch

Fall protection leads annual top ten safety violations for thirteenth consecutive year

For the 13th consecutive fiscal year, Fall Protection - General Requirements is the most frequently cited standard, according to preliminary data presented during the 2023 NSC Safety Congress & Expo. It accounts for more than twice as many citations of any other violation. Significantly, the top ten list accounted for 7,624 or 35 percent more violations than in FY2022, with increases in all ten categories, reflecting the agency's stepped-up enforcement efforts.

Although the Top 10 cited workplace safety standards for FY 2023, which ended Sept. 30, remain unchanged from FY2022, there was movement in the rankings. While Respiratory Protection had a similar number of citations, it dropped from #3 to #7. Notably, Ladders moved from #4 to #3, with a 22 percent increase in citations and Powered Industrial Trucks moved from #7 to #5, with citations climbing 33 percent.

Here's the list:

Fall Protection - General Requirements (1926.501): 7,271 violations
Hazard Communication (1910.1200): 3,213
Ladders (1926.1053): 2,978
Scaffolding (1926.451): 2,859
Powered Industrial Trucks (1910.178): 2,561
Lockout/Tagout (1910.147): 2,554
Respiratory Protection (1910.134): 2,481
Fall Protection - Training Requirements (1926.503): 2,112
Personal Protective and Lifesaving Equipment - Eye and Face Protection (1926.102): 2,074
Machine Guarding (1910.212): 1,644

Finalized data, along with additional details and exclusive content will be available in December.

Safety-self audits help to vacate citations

The Occupational Safety and Health Review Commission (OSHRC) has vacated a workplace safety citation and proposed fines of $24,240 issued to Americold Logistics LLC, a cold food storage company in Georgia. The citation alleged the company allowed an untrained worker to operate a powered industrial vehicle (PIV). However, the company was able to document that in addition to training and certifying its PIV operators, floor supervisors had to conduct three "behavior-based safety observations" per day followed by coaching, and conduct "coaching method observations" twice per day. It was also able to demonstrate that, when safety violations were observed, employees were disciplined.

Thus, the OSHRC found that Amerigold exercised reasonable diligence to ensure that only trained individuals operate PIVs at its facility.

Number of compliance officers continues to grow

As of September 30, there were 878 federal compliance safety and health officers (CSHO), up from 752 in FY 2019. Combined with state plans, there are approximately 1,850 CSHOs.

Status updates

Since Oct. 11, the updated hazcom standard (1910.1200) has been under review by the White House Office of Information and Regulatory Affairs (OIRA), one of the final steps in the regulatory process. It will align the standard to the seventh revision of the Globally Harmonized System of Classification and Labeling of Chemicals, also known as GHS. The current standard is linked to the third revision of GHS, an update that occurred in 2012.
A proposed rule on a revised emergency response standard is expected to undergo an OIRA review in the coming weeks.

Region 4 renews several REPs

Region 4, which includes Alabama, Florida, Georgia, Kentucky, Mississippi, North and South Carolina, and Tennessee has renewed the following Regional Emphasis Programs (REP):

It also issued updated guidance for expedited informal settlement agreements, adding the Mobile, AL office to the scope of the agreement.

State Plans

MIOSHA
National Emphasis Program (NEP) for falls adopted

The newly adopted NEP will direct enforcement and educational resources to prevent worker injuries and deaths from falls in all industries and will remain in effect for one year following its adoption on Sept. 21.

Small businesses can apply for matching grants to improve workplace safety and health

Small businesses with 250 employees or fewer can now apply for a matching grant up to $5,000 for equipment and training to improve the safety and health of their employees. As an example, the Howell Area Fire Department used its $1,968 MIWISH grant to purchase traffic cones, safety vests for its entire staff, and eye wash stations at the department's four fire stations.

To apply, complete the MIWISH application at Michigan.gov/MIOSHAGrants. For more information, contact LEO-CETGrants@michigan.gov or call 269-275-7155.

Inspections under the Cannabis - State Emphasis Program to begin this month

A state emphasis program (SEP) to address safety and health hazards associated with the growing, harvesting, and processing of cannabis was established on August 28 and enforcement was delayed until November 28 to allow for initial outreach. More information.

Fire Brigades, Part 73 amended

Effective October 23, 2023, GI Part 73, Fire Brigades standard was revised. A copy of the strike-bold draft notes modifications.

Upcoming training courses

For a complete list of upcoming training courses.

MNOSHA
Penalty maximums increase

Now conforming with federal amounts, penalties for willful and repeat violations have a maximum of $156,259 for each violation, while penalties for serious violations, nonserious violations, failure to correct violations, and posting violations have a maximum of $15,625 for each violation. Future penalty increases will be tied to inflation, ensuring continued conformity to federal penalty levels and protecting the state-plan status.

Plans to adopt federal recordkeeping rule

The agency is working to expand the submission requirements for injury and illness data to its Injury Tracking Application (ITA) before January 1, 2024. It will align with the new federal rule, discussed in the first article in this Advisory.

Free seminar on Mental Health in the Construction Industry

Offered virtually or in-person, this seminar will be held at 7 a.m., Tuesday, Nov. 21. For more information.

Apprenticeship week

During the week of November 13 - 19, a host of events are planned to learn about apprenticeships in a variety of industries. For more information.

Recent fines and awards

California

The Labor Commissioner's Office (LCO) has cited Hyatt Regency Long Beach $4,799,564 for failing to timely offer job positions to 25 employees laid off during the COVID-19 pandemic once the hotel increased its business operations and began rehiring employees, as required by the Right to Recall law. The employees included restaurant servers, event servers, bartenders, housepersons, turndown attendants, cashiers, and stewards.

Florida

Subcontractor A1A Roofing Contractor LLC of Loxahatchee was cited for two willful violations, one repeat violation, and three serious violations and faces $163,044 in penalties for failing to provide fall protection, use of a broken harness, and failing to train workers on fall hazards. The general contractor, Paul Bange Roofing Inc. of Davie was also fined $10,938 for failing to conduct regular inspections as required to oversee the subcontractor's safety practices.
Grocery store, Kissimmee Meat & Produce Inc., was cited for 11 serious violations with proposed penalties of $95,315 after a worker died following a fall from an improperly modified rolling ladder.
Upper Keys Marine Construction LLC faces nine serious violations and $92,191 in penalties following the death of a 29-year-old worker, who drowned in five feet of water after being pinned under a fallen crane. Violations include failing to comply with stability and load capacity requirements for the crane, permitting an uncertified crane operator to work the equipment, and failing to have a lifesaving skiff available during offshore operations.

Illinois

Decatur-based Archer-Daniels-Midland Co. was cited for two willful, one serious, and one other-than-serious violations and proposed penalties of $324,796 after three workers were seriously injured in an explosion at a grain processing facility. Inspectors found that the company had not inspected or tested an explosion suppression system, which was in disrepair, since 2016.

Massachusetts

IBC Engineered Materials Inc., doing business as IBC Advanced Alloys Inc., a Wilmington fabricator, was cited for 11 serious violations and one other-than-serious violation for overexposing employees to airborne concentrations of beryllium. Proposed penalties are $69,251.

New York

Triumph Construction Corp., a Bronx water and sewer line construction contractor, was cited for four serious violations with $59,153 in proposed penalties after two workers were fatally crushed in a trench when a concrete slab collapsed.
Entered in the U.S. District Court for the Southern District of New York, a consent injunction requires Rockland County roofer, ALJ Home Improvement Inc., and its owner to comply with the enhanced abatement provisions of a May 2023 settlement agreement, including notifying OSHA of future company jobsites, providing all supervisors with OSHA 30-hour safety training and all employees with OSHA 10-hour safety training, and retaining a qualified safety consultant to develop safety, health and disciplinary programs and conduct worksite inspections. Non-compliance can result in a contempt motion in federal court.

Pennsylvania

Candymaker, R.M. Palmer Co. in West Reading, was cited under the general duty clause for failing to evacuate the building after workers reported smelling gas and failing to clearly mark emergency exits. A natural gas explosion killed seven workers. Proposed penalties are $44,483.

Wisconsin

General contractor (GC), Brookens Constructions LLC, faces $132,593 for two willful, two serious violations, and one other-than-serious violation after inspectors observed a worker shingling a residential roof without fall protection in Appleton. While the employee worked for a subcontractor, the GC was cited for failure to perform site inspections to ensure its subcontractors followed safety procedures, not providing eye protection exposing workers to flying debris while using pneumatic nail guns, using a damaged ladder, and failing to train workers about fall hazards.
Dolgencorp LLC, operating as Dollar General in Crandon faces three repeat electrical safety violations and one other-than-serious violation for not stacking or securing stackable totes. Proposed penalties are $147,334.

For more information