OSHA cites Americold Logistics LLC $117,000

U.S. Department of Labor's OSHA cites Americold Logistics LLC in Carthage, Mo., for alleged safety violations$117,000 in fines proposed following comprehensive inspection

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KANSAS CITY, Mo. -- The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited Americold Logistics LLC in Carthage, Mo., for alleged safety and health violations and has proposed $117,000 in penalties.OSHA cited the company following a targeted inspection conducted under its site-specific targeting program and found 19 alleged serious violations and one other-than-serious violation of the Occupational Safety and Health Act."The workers at the company's underground, refrigerated warehouse and distribution facility were needlessly exposed to multiple episodes of life-threatening injury and chemical exposure due to improper procedures and malfunctioning equipment," said Charles Adkins, OSHA's regional administrator in Kansas City. "It is imperative that employers eliminate hazards and provide a safe and healthful working environment for their workers to prevent injuries and illnesses from occurring."The serious violations relate to inadequate process safety management of highly hazardous chemicals, lack of emergency preparedness and response procedures, and poor respiratory protection for workers. Furthermore, violations were identified relating to permit-required confined spaces, lockout/tagout procedures to prevent accidental energy start-up, electrical equipment and safe work practices, and powered industrial truck operations. OSHA issues a serious citation when death or serious physical harm is likely to result from a hazard about which an employer knew or should have known.The other-than-serious violation relates to inadequate employee access to personal sampling results. OSHA issues other-than-serious citations when a violation is directly related to safety and health but unlikely to cause death or serious physical harm.Americold Logistics has 15 business days from receipt of the citations to comply, request an informal conference with OSHA's area director in Kansas City, or contest the findings before the independent Occupational Safety and Health Review Commission.

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OSHA cites Nelson Pipeline Constructors Inc.

U.S. Labor Department's OSHA cites Nelson Pipeline Constructors Inc. in Fort Lupton, Colo., for alleged safety violations

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ENGLEWOOD, Colo. -- The U.S. Department of Labor's Occupational Safety and Health Administration's (OSHA) Englewood Area Office has proposed $40,000 in penalties against Nelson Pipeline Constructors Inc. in Fort Lupton, Colo., for alleged trenching violations."The hazards associated with trench operations are well known as are the procedures for managing those hazards," said Greg Baxter, OSHA's regional administrator in Denver, Colo. "All companies engaged in this type of work must endeavor to ensure the safety of their workers."OSHA's investigation disclosed one alleged willful violation and two alleged serious violations following an inspection at a worksite in Parker, Colo.The alleged willful violation relates to the lack of protective systems required for trench operations. OSHA issues a willful citation when an employer exhibits plain indifference to or intentional disregard for employee safety and health.The alleged serious violations relate to inadequate procedures for responding to water accumulating in the trench as well as poor egress procedures from the trench. OSHA issues a serious citation when death or serious physical harm is likely to result from a hazard about which an employer knew or should have known.Nelson Pipeline Constructors has 15 business days from receipt of the citations to comply, request an informal conference with OSHA's area director in Englewood, or contest the findings before the independent Occupational Safety and Health Review Commission.For more information specific to trench safety, visit http://www.osha.gov/SLTC/etools/construction/trenching/mainpage.html.

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Whistleblower Suit

U.S. Department of Labor files whistleblower suit against contractor working at Camp Pendleton, Calif.

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SAN FRANCISCO -- The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has filed a whistleblower suit on behalf of a worker fired by a government contractor responsible for cleaning up unexploded ordnance at the Camp Pendleton Marine base in San Diego County.The suit alleges that Anchorage, Alaska-based Bering Sea Eccotech terminated a worker who complained of safety violations after observing two incidents of dangerous on-the-job explosions. The worker was laid off shortly after sending e-mails to upper management expressing safety concerns and was barred from re-hire. Bering Sea Eccotech, wholly owned by Tanadgusix Corp., specializes in unexploded ordnance clean-up, range management and remediation services.The former employee filed a complaint with OSHA in 2007 alleging retaliation by Bering Sea Eccotech in violation of Section 11(c) of the Occupational Safety and Health (OSH) Act. OSHA investigated the complaint and determined it had merit. After being notified of OSHA's findings, the employer refused to reinstate the worker to the same or a substantially equivalent position of employment, and refused to pay back wages or other employment benefits."Workers must be free to exercise their rights under the law without fear of termination or retaliation by their employers," said Ken Nishiyama Atha, OSHA's regional administrator in San Francisco. "This lawsuit underscores the Labor Department's commitment to act vigorously in protecting those rights to ensure our workplaces are safe for all workers."Filed in the U.S. District Court for the Southern District of California Sept. 3, the suit seeks to reinstate the employee, secure compensatory damages and lost wages, and require the company to post a notice in a prominent place for 60 days that explains employee rights under Section 11(c) of the OSH Act.OSHA enforces the whistleblower provisions of the OSH Act and 16 other statutes protecting employees who report violations of various trucking, airline, nuclear power, pipeline, environmental, rail and securities laws. Detailed information on employee whistleblower rights, including fact sheets, is available online at: http://www.osha.gov/dep/oia/whistleblower/index.html.

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Personal Protective Equipment Standards

U.S. Labor Department's OSHA issues final rule updating personal protective equipment standards based on national consensus standards

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WASHINGTON - The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) today published in the Federal Register a final rule revising the personal protective equipment (PPE) sections of its general industry, shipyard employment, longshoring and marine terminals standards concerning requirements for eye- and face-protective devices, and head and foot protection.OSHA is updating the references in its regulations to reflect more recent editions of the applicable national consensus standards that incorporate advances in technology. OSHA requires that PPE be safely designed and constructed for the tasks performed."Workers exposed to occupational hazards requiring head, foot, or eye and face protection will now be provided protection based on a standard that reflects state-of-the-art technology and materials," said acting Assistant Secretary of Labor for OSHA Jordan Barab. "This final rule is another step in OSHA's efforts to update or remove references to outdated national consensus and industry standards."Amendments to the PPE standards include a requirement that filter lenses and plates in eye-protective equipment meet a test for transmission of radiant energy such as light or infrared.The final rule will become effective on Oct. 9. For technical inquiries, contact Ted Twardowski, Directorate of Standards and Guidance, at 202-693-2070.

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OSHA cites Guam general contractor, 5 subcontractors

U.S. Labor Department’s OSHA cites Guam general contractor, 5 subcontractors for multiple safety and health violationsProposed penalties for all 6 employers total $116,600

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SAN FRANCISCO -- The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has proposed penalties totaling $116,600 against a general contractor and five subcontractors for 61 alleged safety violations found during a March inspection at the Charthouse Condominium Project in Tumon, Guam.OSHA cited general contractor Paxia Builders Inc. and five subcontractors with 53 serious, seven repeat and one other-than serious violations for failing to provide eye and head protection, lack of fall protection, unprotected exposed rebar, various equipment safety concerns, lack of required safety training and fire prevention measures, failure to maintain safety and health programs or conduct regular safety inspections at the jobsite, and a variety of sanitation-related violations.“The workers at this construction site were exposed to multiple serious safety and health violations,” said Ken Atha, OSHA’s regional administrator in San Francisco. “With construction projects expected to increase in Guam with the military buildup, OSHA wants employers to take safety and health seriously to ensure each of their workers is properly trained and working safely each day.”Paxia has been cited for 24 serious violations with proposed penalties of $31,500 and seven repeat violations with proposed penalties of $49,100. OSHA has inspected Paxia on 15 previous occasions, with violations found during 11 of those inspections.The five subcontractors included in the inspection and cited by OSHA include the following Guam-based contractors:
Equatorial Manufactory Inc.: three serious violations with proposed penalties of $5,400.
Island Roofing Co: four serious violations and one other-than-serious violation with proposed penalties of $4,000.
JBL General Builders: 12 serious violations with proposed penalties of $14,400.
M Electric Corp.: seven serious violations with proposed penalties of $10,200.
UMS Equipment Rental: three serious violations with proposed penalties of $2,000.
A serious citation is issued when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known. A repeat violation is one where the employer previously was cited and upon re-inspection a substantially similar violation is found.The companies have 15 business days from receipt of the citations to comply, request an informal conference with the OSHA area director, or contest the citations and penalties before the independent Occupational Safety and Health Review Commission. Employers and employees with questions about workplace safety can call OSHA’s San Francisco Regional Office at 800-475-4019 or OSHA’s toll-free number at 800-321-6742 to report workplace accidents, fatalities or situations posing imminent danger to workers.

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U.S. Department of Labor's OSHA cites Pride Plating Inc. in Grove, Okla., for alleged safety and health hazards

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GROVE, Okla. -- The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited Pride Plating Inc. with alleged willful, repeat and serious violations following an inspection at the company's facility in Grove. Proposed penalties total $209,000."Employees should not be exposed to safety and health hazards," said David Bates, OSHA's area director in Oklahoma City, Okla. "In this case, the significant penalty of $209,000 demonstrates OSHA's commitment to eliminating safety and health hazards in the workplace."OSHA's Oklahoma City Area Office began its investigation March 4 at the company's facility at 2900 East Highway 10. A willful violation citation was issued for failure to perform periodic monitoring after initial monitoring indicated workers were exposed to chromium VI in excess of OSHA's permissible exposure limit. OSHA defines a willful violation as one committed with intentional disregard of, or plain indifference to, requirements of the Occupational Safety and Health Act.A citation for 10 repeat violations was issued for failure to provide safe walking surfaces, provide personal protective equipment for workers exposed to chromium, prevent workers from being overexposed to chromium VI, and properly train workers who have been exposed to chromium, caustics and corrosives used in the facility. A repeat citation is issued when an employer previously has been cited for a substantially similar condition and the citation has become a final order.A serious citation noting three violations was issued for failure to provide adequate washing facilities for workers exposed to chromium VI, and failure to prohibit tobacco products in chromium-regulated areas. A serious violation means there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.OSHA also issued a notice of failure-to-abate citation to Pride Plating relating to three violations: the company's failure to implement a respiratory program, institute a medical surveillance program for workers overexposed to chromium VI, and develop and implement a hazard communication program for workers exposed to caustics and corrosives. A failure-to-abate citation is issued when an employer has not corrected a violation for which OSHA previously issued a citation and the abatement date has passed.Pride Plating, which employs about 90 workers in Grove, has 15 business days from receipt of the citations and proposed penalties to comply, request an informal conference with OSHA's area director in Oklahoma City, or contest the findings before the independent Occupational Safety and Health Review Commission. Oklahoma City employers and workers with questions about safety and health can call 405-278-9560 or OSHA's hotline number at 800-321-6742 to report workplace accidents, fatalities and imminent dangers.

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Connecticut manufacturer faces $225,500

Connecticut manufacturer faces $225,500 in U.S. Labor Department OSHA fines for new and recurring hazards at Newington, Conn., plant
HARTFORD, Conn. - International Bridge & Iron Co., a manufacturer of structural steel bridge parts, faces a total of $225,500 in proposed fines from the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) for new and recurring safety hazards at its Newington, Conn., manufacturing plant.OSHA opened an inspection in February in response to a complaint and found several hazards similar to those cited in a 2007 OSHA inspection. These included unguarded stairs; lack of eye protection; incomplete and uncertified employee training to prevent the unintended startup of machinery during maintenance; cranes lacking bridge bumpers; unguarded moving machine parts; uninspected ropes and lifting hooks; slings not marked with their lifting capacity; unguarded grinders and pulleys; and ungrounded, uninspected or damaged electrical equipment or wiring.These conditions resulted in the issuance of 17 repeat citations, carrying $150,000 in proposed fines. OSHA issues repeat citations when an employer has previously been cited for substantially similar hazards and those citations have become final."The sizable fines proposed here reflect both the breadth of hazards found in this workplace and this employer's failure to prevent the recurrence of hazardous conditions that can, if left unaddressed, lead to falls, lacerations, electrocution and crushing injuries," said C. William Freeman III, OSHA's area director in Hartford.An additional $75,500 in fines have been proposed for 16 serious citations encompassing uninspected overhead cranes; uninspected lifting hooks; defective and unmarked lifting slings; unguarded live electrical parts; damaged electrode holders and insulation; incorrectly stored compressed gas cylinders; unmarked and unchecked fire extinguishers; and slipping hazards from an oil spill in a work area. A serious citation is issued when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.The company has 15 business days from receipt of its citations and proposed penalties to comply, meet with OSHA or contest the items before the independent Occupational Safety and Health Review Commission. The inspection was conducted by OSHA's Hartford Area Office; telephone 860-240-3152.