OSHA News Release: 10-606-NAT
May 24, 2010
Contact Name: Diana Petterson    Jason Surbey
Phone Number: 202-693-1898    202-693-4668
E-mail: petterson.diana@dol.gov surbey.jason@dol.gov

US Labor Department’s OSHA publishes proposed rulemaking
to prevent injuries from slips, trips and falls on walking-working surfaces

WASHINGTON — The U.S. Department of Labor’s Occupational Safety and Health Administration has announced in a notice of proposed rulemaking published in today’s Federal Register its plans to require improved worker protection from tripping, slipping and falling hazards on walking and working surfaces. A public hearing on the revised changes will be held after the public comment period for the NPRM.

“This proposal addresses workplace hazards that are a leading cause of work related injuries and deaths,” said Assistant Secretary of Labor for OSHA Dr. David Michaels.

The NPRM describes revisions to the Walking-Working Surfaces and Personal Protective Equipment standards to help prevent an estimated annual 20 workplace fatalities and more than 3,500 injuries serious enough to cause people to miss work. For example, in July 2009, a worker at a chocolate processing plant was killed after falling from an unguarded work platform.

“This is a clear and grave example of the human cost incurred when fall protection safeguards are absent, ignored or inadequate,” said Michaels. “The loss of a worker’s life might have been prevented if the protective measures in these revised standards had been in place and in use.”

The current walking-working surfaces regulations allow employers to provide outdated and dangerous fall protection equipment such as lanyards and body belts that can result in workers suffering greater injury from falls. Construction and maritime workers already receive safer, more effective fall protection devices such as self-retracting lanyards and ladder safety and rope descent systems, which these proposed revisions would also require for general industry workers.

The current walking-working surfaces standards also do not allow OSHA to fine employers who let workers climb certain ladders without fall protection. Under the revised standards, this restriction would be lifted in virtually all industries, allowing OSHA inspectors to fine employers who jeopardize their workers’ safety and lives by climbing these ladders without proper fall protection.

More information is available in the Federal Register notice at http://s.dol.gov/3J.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to assure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

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May 24, 2010
Contact: Office of Communications
Phone: 202-693-1999

OSHA seeks members to serve on committee for improving construction workers’ safety, health

WASHINGTON — OSHA is accepting nominations for individuals to serve on the Advisory Committee on Construction Safety and Health (ACCSH). The group advises the Secretary of Labor on developing safety and health standards and policies that affect the safety and health of construction workers and the construction industry.

Established as a continuing advisory committee under the Construction Safety Act of 1969, ACCSH and the Assistant Secretary of Labor for OSHA have consulted for nearly 40 years on construction safety issues such as women in construction, recordkeeping, crane safety, and safety and health resources for Latino construction workers.

OSHA is seeking nominees with experience and expertise in construction-related safety and health issues to fill two employee, two employer, one state safety and health agency, and two public representative vacancies. All 15 members serve two year terms, except the representative designated by the Department of Health and Human Services and appointed by the Secretary of Labor, who serves indefinitely. ACCSH meets two to four times a year.

Nominations may be submitted at www.regulations.gov, the Federal eRulemaking Portal. If submitting nominations by mail, send to the OSHA Docket Office, Docket No. OSHA-2010-0005, U.S. Department of Labor, N-2625, 200 Constitution Ave., N.W., Washington, DC 20210. Nominations not exceeding 10 pages may be faxed to 202-693-1648. The deadline for submissions is June 14, 2010.

General inquiries should be directed to Michael Buchet, OSHA Office of Construction Services, at 202-693-2020. Press inquiries should be directed to Jennifer Ashley, OSHA Office of Communications, at 202-693-1999.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to assure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

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Statement of US Secretary of Labor Hilda L. Solis on Workers Memorial Day

WASHINGTON – Secretary of Labor Hilda L. Solis today issued the following statement on Workers Memorial Day, April 28, 2010:

“Mary Harris ‘Mother’ Jones once said, ‘Pray for the dead and fight like hell for the living.’ That call to arms rings especially true today, on Workers Memorial Day, and on the heels of a tragic month for the nation’s working families.

“In April, our nation’s consciousness was jarred by the loss of workers in the Upper Big Branch Mine disaster in West Virginia, an oil rig explosion south of Louisiana and a refinery fire in Washington state.

“The pain brought on by each of these tragedies is beyond comparison, and we should not think of the incidents as isolated. The fact is they all involve worker safety issues, which merit national attention and point to a disturbing pattern of deadly neglect that our country can no longer tolerate.

“More than 4.6 million workers suffer serious injuries each year. And, every day across America, more than 14 men and women lose their lives in preventable workplace incidents. That’s nearly 100 preventable deaths per week!

“No one-regardless of his or her occupation-should have to be injured or killed to earn a paycheck.

“No worker’s loved ones should have to wake up to news of trench cave-ins, scaffold collapses, amputations or electrocutions. We don’t need more refinery fires or mine explosions.

“On this Workers Memorial Day, the mission of the Department of Labor’s worker safety and health protection agencies-MSHA and OSHA-is clearer than ever. And, our effort to save lives-through enhanced enforcement, a forward looking and progressive regulatory agenda, expanded outreach and a relentless commitment to enforcing the law-has never been more necessary.

“So, let us honor the memory of fallen workers, and the pain of their families, by gathering our collective strength and making injury, illness and fatality prevention activities a priority-today and every day.”

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Release Number: 10-552-NAT
April 25, 2010
Contact: Jason Surbey     Diana Petterson
Phone: 202-617-4644(cell) 202-693-1898(ofc) or 202-360-3184
E-mail: Surbey.Jason@dol.gov petterson.diana@dol.gov

US Secretary of Labor Hilda L. Solis issues statement on worker deaths

WASHINGTON, D.C. – Secretary of Labor Hilda L. Solis today issued the following statement on worker deaths:

“Yesterday we received the sad news that another worker died from injuries he sustained from the fire earlier this month at the Tesoro Corp.’s Anacortes, Wash., refinery. That brings to seven the number who lost their lives in that tragedy. Today the families and friends of those workers gather to mourn their loss. They are in our prayers, and our hearts go out to them.

“Today, President Obama and I join the families and friends of the 29 miners who died this month at the Upper Big Branch Mine in West Virginia at a memorial service in honor of those who perished.

“These tragedies, along with the explosion and fire aboard the Deepwater Horizon drilling rig last week in the Gulf of Mexico, which has left 11 workers missing, makes this a difficult month for the American worker.

“Indeed, each day in this country, 14 workers lose their lives on the job. That is 14 workers too many.

“Later this week, we will mark Workers’ Memorial Day. Let us take the time to reflect on and honor the love and contributions of those we’ve lost and to re-focus our efforts on not only providing secure and rewarding jobs for every American worker, but safe ones as well.”

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WASHINGTON — The heads of five agencies of the U.S. Department of Labor will host live Web chats – open to the public and members of the press – to discuss their respective regulatory agendas. The Labor Department’s entire regulatory agenda is scheduled for publication in the April 26 issue of the Federal Register.

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10-458-CHI
April 19, 2010
Contact: Scott Allen
Phone: 312-353-69767
E-mail: allen.scott@dol.gov

US Labor Department’s OSHA proposes $64,000 in penalties against Elk Grove, Ill.-based Ceva Freight for serious and repeat safety violations

ELK GROVE, Ill. — The U.S. Department of Labor’s Occupational Safety and Health Administration has cited Ceva Freight LLC, a logistics and freight management solutions company for national and multi-national companies in Elk Grove, with $64,000 in proposed penalties for alleged serious, repeat and other-than-serious violations of federal workplace safety standards.

As a result of a January 2010 inspection, OSHA has cited the company with two serious violations and proposed a $10,000 penalty for not ensuring industrial trucks were properly inspected before use and for failing to provide legible name plates on the trucks. An OSHA violation is serious if death or serious physical harm can result from a hazard an employer knew or should have known exists.

Ceva Freight LLC also has received two repeat violations and a proposed $50,000 penalty for failing to provide proper load backrest extensions and to take trucks with safety defects out of service. A repeat violation is issued when an employer previously was cited for the same or similar violation of any standard, regulation, rule or order at any other facilities in federal enforcement states within the last three years.

Additionally, the company has been cited with two other-than-serious violations carrying a proposed $4,000 penalty for failing to record injury and illness on OSHA 300 forms and to provide those forms to OSHA when requested.

“Employees that work with and around powered industrial trucks face serious injury or even death if proper OSHA safety regulations are not followed,” said OSHA Area Director Diane Turek in Des Plaines, Ill. “Those who ignore these safety regulations are inviting tragedy into the lives of their workers.”

The company has 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA’s area director or contest the findings before the independent Occupational Safety and Health Review Commission.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to assure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

From osha.gov

Region 4 News Release: 10-477-ATL (226)
April 19, 2010
Contact: Michael D’Aquino    Michael Wald
D’Aquino.Michael@dol.gov Wald.Michael@dol.gov
Phone: 404-562-2076          404-562-2078

US Department of Labor’s OSHA proposes more than $63,000 in penalties
against Hope Hull, Ala., manufacturer for willful and serious violations

MOBILE, Ala. — The U.S. Department of Labor’s Occupational Safety and Health Administration is proposing $63,700 in penalties against Daehan Solution Alabama LLC in Hope Hull, Ala., for safety violations.

An inspection in October 2009 began after an employee sustained an amputation of three fingers on one hand. The investigation revealed that the company had violated OSHA standards by failing to provide proper machine guarding. The employer allowed the light curtains, an invisible infra-red beam used for employee protection, to be overridden and remain inoperable for a period of two years. If the light curtain had been operating correctly, the amputation could have been avoided.

As a result, OSHA is proposing one willful violation carrying $49,000 in proposed penalties. The agency defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.

Seven serious violations, with proposed penalties of $14,700, included open-sided floors, electrical hazards, other machine guarding deficiencies and failure to label stop buttons.

“If the employer had implemented the recommended safety procedures by having proper machine guarding on equipment, these needless injuries could have been avoided,” said Kurt Petermeyer, OSHA’s area director in Mobile.

The company has 15 business days from receipt of the citations to comply, request an informal conference with the OSHA area director or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission. The site was inspected by staff from OSHA’s Mobile Area Office, 1141 Montlimar Drive, Suite 10006; telephone 251-441-6131.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to assure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

From osha.gov

Region 2 News Release: 10-473-NEW/BOS 2010-167
Mon., April 19, 2010
Contact: Ted Fitzgerald
Phone: 617-565-2074
E-mail: fitzgerald.edmund@dol.gov

US Labor Department’s OSHA proposes $130,800 in fines for Bronx, NY, woodwork manufacturer for fire, chemical and amputation hazards

TARRYTOWN, N.Y. – The U.S. Department of Labor’s Occupational Safety and Health Administration has cited H&H Woodworking Inc., a Bronx, N.Y., manufacturer of custom architectural woodwork, for 26 alleged willful and serious violations of safety and health standards after an employee sustained a partial hand amputation on an unguarded radial arm saw. The company faces a total of $130,800 in proposed fines.

“Our inspection found that the blades on this and other saws lacked the guarding designed to prevent just this type of accident,” said Diana Cortez, OSHA’s area director in Tarrytown. “In addition, we identified a range of mechanical, chemical and fire hazards that, if uncorrected, expose employees to the dangers of flash fires, eye injury, hazardous substances and an inability to exit the workplace swiftly in the event of a fire or other emergency.”

The unguarded saw blades resulted in OSHA issuing the company two willful citations with $84,000 in proposed fines. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.

The inspection also identified potential fire hazards including the accumulation of combustible wood dust; a failure to ground and bond segments of the plant’s dust collection system; unbonded containers of flammable liquids; combustible residue accumulation on surfaces of spray booths; and no training in fire extinguisher use. Other hazards included a locked exit door; obstructed exit route; untrained forklift operators; no lockout-tagout program for energy sources; respirator deficiencies; no chemical hazard communication program; allowing workers to consume food in areas where hazardous chemicals are used; a lack of quick drenching facilities for workers exposed to corrosive liquids; and insufficient protective measures for employees working with methylene chloride. These conditions resulted in the issuance of 24 serious citations, with $46,800 in fines. OSHA issues serious citations when death or serious physical harm is likely to result from hazards about which the employer knew or should have known.

“One means of preventing recurring hazards is for employers to establish effective comprehensive workplace safety and health programs that involve their workers in proactively evaluating, identifying and eliminating those hazards,” said Robert Kulick, OSHA’s regional administrator in New York.

The employer has 15 business days from receipt of its citations and proposed penalties to comply, meet with the OSHA area director or contest the citations and penalties before the independent Occupational Safety and Health Review Commission. This inspection was conducted by OSHA’s Tarrytown Area Office; telephone 914-524-7510.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to assure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

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Release Number: 10-478-NAT
April 14, 2010
Contact: Diana Petterson
Phone: 202-360-3184
E-mail: petterson.diana@dol.gov

Secretary of Labor Hilda L. Solis convenes 1st ever national action summit on health and safety of Latino workers

HOUSTON — Each year, thousands of workers in the U.S. are injured or killed on the job as a result of preventable incidents. And, Latino workers are killed and suffer work-related injuries at higher rates than all other workers. It is with these tragic statistics in mind that U.S. Secretary of Labor Hilda L. Solis today convened a historic National Action Summit for Latino Worker Health and Safety.

The two-day event, which is being held in Houston, is co-sponsored by the U.S. Department of Labor’s Occupational Safety and Health Administration and the National Institute for Occupational Safety and Health, in partnership with the National Institute of Environmental Health Sciences. It brings together workers and representatives from employer associations, labor unions, the faith community, community organizations, the medical community, safety and health professionals, educators, government officials, consulates, the entertainment community and other, non-traditional partners.

“Our focus at this summit is ensuring that all workers understand they have a right to a safe workplace, that they know what hazards they might face on the job, and that they have a clear sense of how a safe workplace is supposed to look,” said Secretary Solis during her keynote address at the summit. “Workers have a right to talk to their employers about unsafe conditions and, if necessary, to call OSHA. They have a right to get safety equipment that is required by law and paid for by the employer. They have a right to be trained in a language and in a way they understand. Workers need to know how to use these rights without fear of retaliation. And finally, every worker needs to know that he or she has the right to come home alive at the end of the day.”

The summit includes panelists and participants from a variety of groups including Casa Latina in Seattle, Wash.; Tenants and Workers United in Alexandria, Va., The Hispanic Westchester Coalition in White Plains, N.Y., Union Latina de Chicago in Chicago, Ill.; VOZ in Portland, Ore.; Wind of the Spirit in Morristown, N.J.; Workers Defense Project in Austin, Texas; Centro Humanitario Para Los Trabajadores in Denver, Colo.; and Central American Resource Center in Los Angeles, Calif., among many others.

Workshops include: Innovative Partnerships and Effective Education for Latino Workers, The Role of Clinics and Public Health Departments, On-the-Job Programs that Work, Workers’ Rights under OSHA and DOL, Assistance for Small Businesses, Funding Worker Safety and Health Education for Latino Workers, and more. A complete agenda in English and Spanish is available at http://www.osha.gov/latinosummit/index.html.

“Far too many Latino workers have needlessly lost their lives just trying to earn a living, and it must stop,” said Assistant Secretary of Labor for OSHA Dr. David Michaels. “This summit will shine a spotlight on the hazards and challenges faced by this vulnerable sector of the nation’s workforce so we can begin crafting new, badly needed strategies to prevent thousands of injuries and deaths every year.”

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to assure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

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Release Number: 10-160-NEW
April 7, 2010
Contact: Ted Fitzgerald
Phone: 617-565-2074

US Labor Department’s OSHA orders New Jersey Transit to pay more than $500,000 to worker for violation of railroad whistleblower law

NEWARK, N.J. — A whistleblower investigation by the U.S. Department of Labor’s Occupational Safety and Health Administration found that New Jersey Transit violated the Federal Railroad Safety Act when it retaliated against an employee for reporting a work-related illness.

According to OSHA’s findings, in February 2008, the railroad brought an employee up on charges for missing work after suffering a work-related illness from witnessing a fatal accident involving another worker. The railroad also retaliated against the worker by cutting his pay and then suspending him. These retaliatory acts caused the employee significant financial and personal losses. The employee filed a whistleblower complaint with OSHA, alleging that the railroad had retaliated against him for reporting his work-related illness. OSHA’s Whistleblower Protection Program conducted an investigation under the whistleblower provisions of the FRSA, found merit to the complaint and ordered relief.

“Railroad employees have the legal right to report work-related injuries and illnesses without fear of retaliation,” said Assistant Secretary of Labor for OSHA Dr. David Michaels. “This case sends a clear message: Railroads that retaliate against employees for exercising their rights will be held accountable.”

As a result of its findings, OSHA has ordered New Jersey Transit to take corrective actions, including expunging disciplinary actions taken against the employee and references to them from various records as well as compensating the worker for back pay, lost benefit payments, interest, compensatory damages and attorneys’ fees totaling almost $500,000. In addition, OSHA has ordered the railroad to pay the complainant $75,000 in punitive damages. The railroad must also post and provide its employees with information on their FRSA whistleblower rights.

New Jersey Transit and the complainant have 30 days from receipt of the findings to file an appeal with the Labor Department’s Office of Administrative Law Judges. Under the FRSA, employees of a railroad carrier and its contractors and subcontractors are protected against retaliation for reporting on-the-job injuries and illnesses, as well as reporting certain safety and security violations and cooperating with investigations by OSHA and other regulatory agencies.

OSHA enforces the whistleblower protection provisions of the FRSA and 16 other whistleblower statutes protecting employees who report violations of various workplace safety, securities, trucking, airline, nuclear power, pipeline, environmental, public transportation and consumer product safety laws. Detailed information is available online at http://www.osha.gov/dep/oia/whistleblower/index.html.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to assure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

Note: The Labor Department does not release names of employees involved in whistleblower complaints.

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April 7, 2010
Contact: Office of Communications
Phone: 202-693-1999

New document addresses shipbreaking worker safety

WASHINGTON — Shipbreaking workers are exposed to asbestos, falls, electric shock and fires when removing gear and equipment from outdated ships and breaking down these vessels for recycling. The Occupational Safety and Health Administration’s Safe Work Practices in Shipbreaking document offers ways to help protect workers from injury and death and outlines employers’ obligations for providing safe work environments for their workers.

The document, available online only, includes references to OSHA standards, such as fire protection in shipyards, and explains that employers are required to have emergency response and fire prevention plans. “Shipbreaking workers’ safety and health depend on their employers following the standards meant to prevent work-related hazards,” said OSHA Assistant Secretary David Michaels.

The document also highlights information on shipbreaking safety and health issues through references and hyperlinks to OSHA regulations. These regulations can help employers develop safety and health programs to protect workers through all phases of the shipbreaking process.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to assure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

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April 1, 2010
Contact: Office of Communications
Phone: 202-693-1999

OSHA program protects federal workers

WASHINGTON — Hazardous federal worksites are the focus of the Occupational Safety and Health Administration’s Federal Agency Targeting Inspection Program 2010 (FEDTARG10). The nationwide program emphasizes workplace safety and health for federal workers and contractors supervised by federal personnel.

FEDTARG10 focused on the most dangerous federal agency workplaces that experienced high numbers of lost time injuries during fiscal 2009. Field inspectors conducted 59 inspections of high hazard federal worksites and found 336 violations of OSHA safety and health standards. The top three standards cited were electrical, respiratory protection and hazard communications. The 336 violations cited were more than twice the number cited in 2008, indicating the necessity for the FEDTARG program.

“The right to safe and healthful working conditions is not limited to private industry workers,” said Assistant Secretary of Labor for OSHA David Michaels. “Workplace safety also extends to those working for the federal government. Continuing the targeting of federal workplaces assures consistent workplace safety standards in federal and private sectors.”

This program began in 2008 in response to a Government Accountability Office audit report that recommended the agency develop a targeted inspection program for federal worksites.

OSHA’s Office of Federal Agency Programs (FAP) represents the federal sector regarding occupational safety and health issues. The FAP provides federal agencies with guidance for implementing effective occupational safety and health programs.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to assure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

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