OSHA watch
New inspection guidance for animal slaughtering and processing facilities
New inspection guidance for animal slaughtering and processing facilities supersedes previous inspection guidance that applied to poultry establishments and expands it to the broader Animal Slaughtering and Processing industry. This guidance applies to all federal inspections, programmed and unprogrammed, conducted in North American Industry Classification System (NAICS) 3116, which includes NAICS Codes 311611 (animal (except poultry) slaughtering), 311612 (meat processed from carcasses), 311613 (rendering and meat byproduct processing), and 311615 (poultry processing). State plans are encouraged to follow the guidance and regions may determine that a Regional Emphasis Program (REP) or Local Emphasis Program (LEP) is justified.
Under the guidance, inspections in these establishments will focus on hazards associated with sanitation and cleanup operations, ergonomics, PPE, chemical hazards, noise, egress and blocked exits, hazardous energy and machine guarding, among others. Compliance Safety and Health Officers are directed to conduct inspections during off-shift times to ensure that second- and third-shift operations are covered and include contractors and temporary workers who provide on-site sanitation services.
Regional Emphasis Programs renewed and initiated
Kansas City region (Iowa*, Kansas, Missouri, Nebraska)
- initiated an emphasis program on grain handling facilities in Missouri and updated those in Kansas and Nebraska
- continued emphasis programs on falls, scaffolds and electrocutions from overhead power lines in construction, and powered industrial trucks and other material- or personnel-handling motorized equipment (skid steers, cranes, man lifts, front-end loaders, aerial lifts, etc.) in construction, general industry and maritime
Atlanta region (Florida, Georgia, North Carolina*, South Carolina*)
- renewed REPs for landscaping and horticultural services, electric hazards, programmed maritime inspections, for sanitation and clean-up work in food manufacturing and beverage manufacturing
Dallas region (Texas, New Mexico* and Oklahoma)
- renewed REPs on construction, cranes in construction, and the upstream oil and gas industry
Boston region (Connecticut*, Massachusetts*, Maine*, New Hampshire, Rhode Island, Vermont*)
- renewed REPs on residential construction, cranes in construction, noise in the workplace, powered industrial trucks
- the residential construction directive contains "significant changes" - an updated NAICS code description and no longer has a section on "tracking database"
*State Plans
First emphasis program focused on the marijuana and hemp processing sector
In July, the first Local Emphasis Program focused on the marijuana and hemp processing sector was initiated in Colorado and inspections began last month. It's expected this is a test of selection criteria and inspection strategies that will eventually be expanded across the country.
New videos on safe flood cleanup and portable generator use
New videos feature safe practices for workers tasked with cleaning up after a flood or using a portable generator.
Restructuring of regions completed
Under the restructuring, regions were renamed based on geography, a new regional office opened in Birmingham, AL to oversee efforts in Alabama, Arkansas, Kentucky, Louisiana, Mississippi, Tennessee and the Florida panhandle. Regions 9 and 10 were merged into a new San Francisco Region to improve operations and reduce operating costs. A copy of the map can be found here.
Maryland becomes sixth state to adopt a heat standard
Aimed at protecting both indoor and outdoor workers, Maryland's heat standard went into effect Sept. 30. Similar to the proposed federal rule, the standard requires covered employers to develop a heat illness prevention and management plan. It also contains provisions on acclimatization, shade, drinking water, training, and emergency response.
New information from NIOSH
- Fact sheets offer tips for protecting workers in gas stations and convenience stores
For employees
For employers - Study highlights urgent need for hearing conservation in utility sector
- New center to strengthen protection for firefighters. The Center for Firefighter Safety, Health, and Well-being consolidates agency research and efforts related to protecting firefighters on the job.
MSHA safety alerts
State Plans
Cal/OSHA
First aid kits to include naloxone
By December 1, 2027, a regulation mandating that employers include naloxone hydrochloride (Narcan) or other FDA-approved opioid antagonists, along with usage instructions, in workplace first aid supplies must be proposed. The Standards Board must consider a resulting standard for adoption by December 1, 2028.
Weapon detection devices for hospitals
The Standards Board must revise current standards by March 1, 2027, to mandate that hospitals utilize weapons detection devices at designated entrances, supervised by trained personnel not involved in patient care.
Process Safety Management Standards extended to biofuel refineries
While existing law focuses specifically on petroleum refineries, AB 3258 expands the law's reach to refineries that produce biofuel, as well as asphalt and petrochemical feedstock.
Workplace protections apply to certain household workers
Beginning July 1, 2025, domestic workers performing household tasks on a permanent or temporary basis will fall under the state's occupational health and safety standards. However, notably the law excludes domestic service workers directly employed by private individuals, in their residences, who perform ordinary domestic household tasks.
New interpretation app being tested
A new interpretation app is being used on a pilot basis that makes it easier for employees to communicate with workers in the field. It can instantly translate in over 200 languages and dialects. More information
MIOSHA
Workplace Improvement to Safety and Health (MIWISH) grant program
The MIWISH grant program offers a dollar-for-dollar match, up to $5,000, for qualifying employers with 250 employees or fewer to purchase safety and health-related equipment and associated training. For more information, visit michigan.gov/mioshagrants or contact the grant administrator at 269-275-7155.
Silica State Emphasis Program initiated
To reduce employee exposure to respirable crystalline silica (RCS) the Silica State Emphasis Program was recently updated with protection for Construction and General Industry
The article, Limiting Exposures to Respirable Crystalline Silica (RCS), A Known Carcinogen in a recent eBulletin provides helpful information for employers.
Agency instructions issued
September 30, 2024 - Severe Violator Enforcement Program (SVEP)
Training calendar
Coffee with MIOSHA
Along with MIOSHA, The Construction Association of Michigan invites employers and employees to share a cup of coffee and learn about the importance of workplace safety and health. Register online.
November 19, 2024, 9 - 11 a.m.
Construction Association of Michigan
43636 Woodward Ave., Bloomfield Hills, MI 48302
MNOSHA
Safety Lines is now online
The October 2024 Safety Lines, a quarterly publication that informs readers of the actions and plans of the agency, is now online. Topics include confined-space hazards, ergonomics inspections, grant programs, rulemaking and more.
Increases in maximum and minimum penalties became effective October 1
Applying to all fines assessed on or after October 1 and corresponding to federal penalties, the maximum penalty for a willful or repeated violation increases from $156,259 to $161,323. The minimum penalty for a willful violation increases from $11,162 to $11,524. The maximum penalty for failing to correct a violation increases from $15,625 to $16,131 per day beyond the required abatement date. Maximum penalties for serious violations, nonserious violations, and posting requirement violations increase from $15,625 to $16,131.
Hazard communication standard
A proposal to adopt the federal Hazard Communication standard was published in the State Register on Sept. 23, 2024.
Lead rulemaking process
A working group to assist the Department of Labor and Industry in updating the current lead regulations for general industry, 1910.1025, and for construction, 1926.62, is being established. To participate in the working group, contact Compliance at 651-284-5050 or osha.compliance@state.mn.us.
Free construction seminar
Offered in-person and virtually, the next free seminar, Addressing mental health, suicide in the construction industry, will be held on November 19. For more information.
Recent fines and awards
California
- Cal/OSHA has fined Ruiz Farm Labor in Dixon $17,550 for three serious-category violations of the heat illness prevention standard. The inspection followed complaints that workers were fired for leaving their shifts early during a heat wave because of inadequate protections.
Florida
- A Pinellas Park boat manufacturer, Blacktip Boatworks LLC, failed to submit required proof of abatement of 15 health and safety hazards and a follow-up inspection led to fines of $328,000. Repeat violations related to respiratory protection, hazard communication, training, and more.
- Following a whistleblower investigation, a federal administrative law judge has ruled that CSX Transportation Inc., a subsidiary of Jacksonville-based CSX Corp., must pay $453,510 and reinstate two railroad workers who were wrongfully terminated for reporting workplace safety concerns.
- Two contractors, Phoenix Rigging & Erecting in Mableton, Georgia, and Maxim Crane Works in Canonsburg, Pennsylvania, were cited for five serious violations and $61,299 in penalties, after a fatality when a crane collapsed at a Fort Lauderdale residential construction site.
Georgia
- A Macon tire manufacturing facility with a history of safety and health violations, Kumho Tire Georgia Inc., faces $271,930 in penalties following the death of a worker after the machine they were working on unexpectedly started. The company was cited for one repeat, 12 serious, and two other-than-serious violations related to lockout/tagout, machine guarding, training, and more.
Illinois
- A settlement agreement was reached with chemical products manufacturer, AB Specialty Silicones LLC,to pay $1.3 million in penalties after an explosion and fire at its Waukegan plant in May 2019 claimed the lives of four workers.
Massachusetts
- Aleckssandro Tomaz Pereira, operating as Boston Concrete Corp., VMT Contractor and Boston Concrete and Remodeling, a waterproofing contractor, faces $283,115 for violations of trenching requirements, following the death of a worker in an unprotected trench.
Missouri
- MFA Inc., operating as MFA Rail Car, a Columbia grain cooperative, faces $241,887 in penalties following the investigation of the death of an employee, who was engulfed in flames in a storage bin. The investigation found the company had not completed a required bin entry permit, failed to ensure the use of PPE, lacked rescue equipment and the conveyor was not operating properly. Violations included one willful and five serious.
Nebraska
- A Hemingford grain elevator, Legacy Cooperative, faces $536,000 in proposed penalties for violations related to combustible dust. The complaint-based inspection resulted in 22 serious violations, two of which were classified as willful.
- Freemont-based Wholestone Farms Cooperative Inc. was cited for three serious violations and faces penalties of $36,873, following a complaint-based inspection. The violations related to ergonomic stressors that could cause musculoskeletal disorders and injuries when working in the palletizing area and were issued under the General Duty Clause.
New York
- An administrative law judge affirmed two serious fall protection and ladder violations and has ordered a Rochester commercial roofing company, Elmer W. Davis Inc., to pay $16,782 in penalties. One citation related to fall protection methods on a low-slope roof was vacated.
Wisconsin
- A follow-up inspection of Janesville-based Universal Recycling Technologies LLC found the company continued to expose employees to unsafe levels of lead and cadmium while they dismantled cathode ray tubes from older TVs. The company was cited for two repeat, six serious violations, and one other-than-serious violation with proposed $202,820 in penalties.