OSHA watch
New initiative focuses on stone cutters
A new initiative is aimed at protecting workers in the engineered stone fabrication and installation industries from silica exposure. The initiative, which supplements the NEP on respirable crystalline silica, will direct enforcement efforts and compliance assistance to employers who fall under two NAICS codes:
- 327991 - Cut Stone and Stone Product Manufacturing
- 423320 - Brick, Stone and Related Construction Material Merchant Wholesalers
New heat resources
- Updated fact sheet on how to recognize and respond to heat illness symptoms, the risk factors for heat illness, and methods to mitigate heat hazards in both indoor and outdoor workplaces. Also includes information on elements of a heat illness and injury prevention program (HIIPP)
- New fact sheet on personal risk factors and heat exposure
- New fact sheet on how proper hydration is essential in preventing heat illness and injury
- New fact sheet to prevent heat illness among pregnant women
Now available in multiple languages
Protecting Workers from Heat Illness in Confined Spaces and the Heat Illness Illustrated fact sheet are available in English, Spanish, Korean, Portuguese, Vietnamese, Traditional Chinese, and Simplified Chinese. They can be found here.
Proposed rulemaking change for longshore, harbor workers
On September 12, 2023, a notice of proposed rulemaking (NPRM) was published in the Federal Register to revise procedures established by the Longshore and Harbor Workers' Compensation Act (LHWCA) for imposing and appealing civil money penalties for failing to accurately and timely report injuries of workers who are hurt aboard vessels in U.S. waters. The changes are intended to clarify the process, provide individualized failure notices, and allow additional opportunities to contest penalties.
The public comment period for the proposed rulemaking change ends Nov. 13.
New rule to better protect temporary farmworkers
The U.S. Department of Labor (DOL) Employment and Training Administration recently released a proposed rule to better protect farm workers on H-2A visas, which are for seasonal jobs in agriculture. The rule would offer greater protections against employer retaliation, enhance OSHA enforcement efforts, make foreign labor recruitment more transparent, and offer new protections concerning workers who self-advocate for things like better working conditions. It also addresses pay and termination requirements and adds a seatbelt requirement for vehicles transporting farmworkers long distances to work sites.
The public comment period ends Nov. 14.
New resources: suicide prevention, materials for Spanish-speaking workforce
Role of Employers in Preventing Suicides fact sheet
Materials for the Spanish-Speaking Workforce
Online meeting seeks comments on whistleblower laws
A public meeting to solicit comments and suggestions from stakeholders on outreach and training efforts in support of the whistleblower laws. October 24, 1:00 to 4:00 p.m. ET. To register.
Unprecedented outreach for help from employees in teen worker's death investigation
In a widely distributed news release, the agency is urging workers at the Mar-Jac Poultry plant in Hattiesburg, MS to help with the investigation of the death of a 16-year-old worker in July 2023, including possible unsafe work conditions and illegal hiring practices. To establish trust with workers and their families, many of whom are immigrants, the agency is working with community and advocacy groups.
To secure access to the Mar-Jac facility and investigate safety hazards related to the incident, the agency had to get a warrant. The warrant allowed federal officials to question any employer, operator, agent or employee privately and to review records related to the operation and maintenance of the equipment involved in the incident.
Criminal prosecution follows willful violations
While rare, a recent manslaughter case against the former owner of a Colorado construction company in connection with a trench fatality shows how civil workplace safety citations can occasionally lead to criminal charges. The guilty plea followed a criminal referral after the owner and his now-defunct company, A4S LLC, refused to require the use of proper safety equipment to protect his workers. In federal cases, the charges cannot exceed the misdemeanor level, but in state cases, felony charges can be brought. Sentencing is set for November.
In another case, an employee of an Oklahoma construction contractor, Skinner Tank Co.,working on the Saint Joseph storage tank roof in Missouri died after falling more than 50 feet to the ground. The inspection revealed that the company provided inaccurate safety information to its employees by telling them that wearing fall protection presented a greater hazard than not wearing it. After issuing civil citations, including willful violations for failing to require the use of fall protection and provide fall protection training, a criminal referral was made to the Department of Justice.
The contractor recently entered into a deferred prosecution agreement and agreed to pay $370,680 in criminal and civil penalties to avoid federal prosecution on one count of ignoring federal safety regulations.
MSHA rule on surface mobile equipment nearing completion
A Mine Safety and Health Administration final rule that would require mine operators to have a written safety program for mobile and powered haulage equipment was received by the White House Office of Information and Regulatory Affairs on Sept. 8. The regulation would apply to operators with six or more miners and would cover equipment, except belt conveyors, at surface mines and surface areas of underground mines. When the review is completed, MSHA will publish the final rule in the Federal Register.
State Plans
Cal/OSHA
Workplace violence bill signed by Governor
On September 30, Governor Newsom signed S.B. 553, that would require employers to have a workplace violence prevention plan. It requires most employers to maintain a log of violent incidents and investigations, train employees on how to report incidents without fear of retaliation, and allow any employee to petition for a restraining order, among other provisions. However, it does not include an earlier provision that would have banned employer policies that require employees who are not dedicated safety personnel to confront active shooters or suspected shoplifters.
This is a rare occurrence as the legislature passed a bill to implement workplace safety requirements rather than going through the Cal/OSHA regulatory process. The bill accelerates the development of a standard on workplace violence by requiring an effective date of July 1, 2024.
MIOSHA
Training Institute updates
The following changes to the Training Institute (MTI) became effective October 1:
- The Fundamentals of Industrial Hygiene is now a two-day course.
- "Mobile Aerial Work Platforms" replaces the title "Part 32 Aerial Work Platforms." This course is an elective for the Construction and Level Two General Industry Compliance Programs. It remains a one-day course.
- "Part 39 and 40 Electrical Standards for General Industry" replaces "Parts 17, 39, and 40 Electrical Standards for General Industry and Construction." Part 17 and Construction are removed from the title. The course is no longer an elective for the Level One and Level Two Construction Certificate Programs but will remain a one-day program.
For a full listing of courses.
Standards update
General Industry Standard Part 8, Portable Fire Extinguishers is being amended to adopt portions of federal standards 29 CFR 1910.155 and 1910.157 for clarification for employee response to fires, and to further clarify employer responsibilities to determine employee actions related to fires.
Free workplace violence training
Tuesday, October 24 in Livonia
For more information and registration
MNOSHA
Fatality, serious-injury investigation summaries online
Each month, Compliance publishes current, updated summaries of its fatality investigations and serious-injury investigations. From Oct.1 through Aug. 29, 29 fatalities were investigated.
Free online training session on recordkeeping basics
Oct. 27, 8:30 to 11:30 a.m.
Recent fines and awards
California
- In Granite Construction Co. v. Occupational Safety and Health Appeals Board, an appellate court overturned a citation against a subcontractor for its alleged failure to protect workers from potential exposure to the fungus that causes valley fever. While Coccidioides is endemic and Monterey County has relatively high rates of valley fever, the court said that doesn't mean Coccidioides was present at the work site, and the finding that employees were exposed to dust containing Coccidioides lacked evidentiary support.
Florida
- Hialeah-based Sealed Tight Roofing Inc. was cited for one willful violation and two serious violations with proposed fines of $84,379 following the fatal fall of a worker through a roof. The citations indicate the company failed to provide employees with adequate fall protection or personal fall arrest systems and also failed to install covers or guardrails around holes in the roof.
Georgia
- Newnan-based Foley Products Company LLC, a concrete pipe manufacturer, faces $245,546 in penalties following the death of a 19-year-old worker after a concrete mixer restarted while the teen tried to clean the machine. The company received one willful violation for exposing workers to crushed-by hazards and six serious violations related to confined spaces, energy control, and training.
- U.S. Battery Mfg. Augusta Inc. received two repeat and two serious citations for exposing employees to unsafe levels of lead. Proposed penalties are $160,727.
- A silo grain operator, Colquitt-based Cedar Head LLC, was cited for nine serious violations after an employee became engulfed and suffocated in April. It faces $41,303 in penalties for violations related to training and PPE.
Michigan
- Following a complaint that a restoration contractor mishandled asbestos, an investigation found untrained employees without protective equipment had cleaned up drywall ceiling material which contained asbestos when the employer failed to assess and address asbestos hazards at the worksite. The contractor received seven serious citations. The original penalty assessed was $12,000, but it was reduced to $6,000 because the contractor provided sufficient documentation of abatement and entered into a Penalty Reduction Agreement (PRA).
Minnesota
- A district court has entered a consent order requiring Tony Downs Food Company in Madelia to comply with state child labor laws at its production facilities, agree to a three-year compliance program, and pay a $300,000 administrative fee.
Missouri
- Trenton-based Troyer Constructors LLP, operating as Troyer Roofing & Coatings, was cited for one willful violation, three serious violations, and one other-than-serious violation and proposed penalties of $205,369 following the death of an 18-year-old worker from a 22-foot fall. While the company had fall protection available, it made its use optional.
Pennsylvania
- Milton-based Custom Container Solutions LLC, a dumpster manufacturer, was cited for two willful, three repeat, and 23 serious and other-than-serious violations after investigators conducted a targeted inspection. Inspectors found the company failed to provide welders with personal protective equipment, failed to establish an energy control program, and failed to ensure proper machine guarding. Proposed penalties are $484,401.
Wisconsin
- Following the death of a 16-year-old, a judicial order was issued to Green Bay-based Florence Hardwoods LLC requiring labels and signage at its sawmill warning workers under the age of 18 about the hazards involved with using dangerous equipment. The company had previously agreed to pay $190,696 in civil penalties to resolve child labor violations.