can you spot the osha violation? 10 steps to...

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CHEMICAL SAFETY Chemical Safety: A 10-Step Compliance Game Plan H azardous chemicals are a leading cause of workplace injuries and illnesses. In addition to costly workers’ compensation claims and embarrassing publicity, failure to control chemical hazards at your workplace is a good way to get into deep trouble with OSHA. Here’s a game plan for avoiding these consequences. OSHA Chemical Safety Requirements The starting point for compliance is recognizing the 4 principal sources of OSHA chemical safety requirements: 1. The Hazard Communication standard, or Hazcom; 2. The new OSHA GHS rule (Globally Harmonized System); 3. Subpart Z standards covering specific hazardous substances including asbestos, carcinogens, vinyl chloride, cadmium, lead, benzene, ethylene dioxide, etc.; and 4. The OSHA Process Safety Management (PSM) standard. 10 Steps to Take Step 1: Create Hazardous Chemical Inventory As with any other hazard, the starting point in managing chemical dangers is to identify and assess hazards at your own workplace. Specifically, you must create a hazardous chemical inventory. You’ve likely already done this. The twist: The GHS rule requires manufacturers, importers and distributors of hazardous chemicals to reclassify their products using new GHS criteria by June 1, 2015. They’ll then have to accordingly by Dec. 1, 2016. Example: ABC Company uses Chemical X. In the current Hazcom system, Chemical X isn’t classified as hazardous. In 2015, the manufacturer of Chemical X re-classifies the product as hazardous. Result: ABC Company now needs to get an SDS and list Chemical X on its hazardous chemicals inventory. Read More on Page 2 Can You Spot The OSHA Violation? See page 7 for the answer... SAFETY TRAINING: How to Comply with New OSHA Safety Signs Rules: 7 FAQs 3 FINES & TRENDS: Top 10 OSHA Fines 4 OSHA WATCH: OSHA Related News 5 SPOT THE OSHA VIOLATION: Is This a Safe Way to Use a Crane? 7 ASK THE EXPERT: Is Distributing Lockout Procedure Proper LOTO Training? 8 IN THIS ISSUE www.SafetySmartCompliance.com FEATURE: Chemical Safety: A 10-Step Compliance Game Plan The Safety Manager’s Plain-English Guide to Better OSHA Compliance FEBRUARY 2014 VOL 3 | ISSUE 2 SafetySmart_Compliance_Feb_2014.indd 1 1/7/2014 11:39:37 AM

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ChemiCal Safety

Chemical Safety: A 10-Step Compliance Game PlanH azardous chemicals are a leading cause of

workplace injuries and illnesses. In addition to costly workers’ compensation claims and embarrassing publicity, failure to control chemical hazards at your workplace is a good way to get into deep trouble with OSHA. Here’s a game plan for avoiding these consequences.

OSHA Chemical Safety RequirementsThe starting point for compliance is recognizing the 4 principal sources of OSHA chemical safety requirements:

1. The Hazard Communication standard, or Hazcom;

2. The new OSHA GHS rule (Globally Harmonized System);

3. Subpart Z standards covering specific hazardous substances including asbestos, carcinogens, vinyl chloride, cadmium, lead, benzene, ethylene dioxide, etc.; and

4. The OSHA Process Safety Management (PSM) standard.

10 Steps to TakeStep 1: Create Hazardous Chemical InventoryAs with any other hazard, the starting point in managing chemical dangers is to identify and assess hazards at your own workplace. Specifically, you must create a hazardous chemical inventory. You’ve likely already done this.

The twist: The GHS rule requires manufacturers, importers and distributors of hazardous chemicals to reclassify their products using new GHS criteria by June 1, 2015. They’ll then have to accordingly by Dec. 1, 2016.

Example: ABC Company uses Chemical X. In the current Hazcom system, Chemical X isn’t classified as hazardous. In 2015, the manufacturer of Chemical X re-classifies the product as hazardous. Result: ABC Company now needs to get an SDS and list Chemical X on its hazardous chemicals inventory.

Read More on Page 2

Can You Spot The OSHA Violation?

See page 7 for the answer...

Safety training: how to Comply with new OSha Safety Signs rules: 7 faQs 3

fineS & trenDS: top 10 OSha fines 4

OSha WatCh: OSha related news 5

SpOt the OSha ViOlatiOn: is this a Safe Way to Use a Crane? 7

aSK the eXpert: is Distributing lockout procedure proper lOtO training? 8

IN THIS ISSUE

www.SafetySmartCompliance.com

FeATuRe: Chemical Safety: a 10-Step Compliance game plan

The Safety Manager’s Plain-English Guide to Better OSHA Compliance

FEBRuARy 2014VOL 3 | ISSuE 2

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HOW TO USE QUICK CODESABOUT US

Quick Codes Make It Easy to Access All the Content in this Issue Online!How do you use them? It’s easy, just follow these 3 steps.

1. Go to SafetySmartCompliance.com and look for the Quick Code box

2. Type in the Quick Code (example: 1001)

3. Press the “Go” button

Instantly you will be taken to the article, tool, or analysis. On the webpage you’ll also find related articles, helpful tools, and/or additional resources that have been expertly chosen by our editor to help simplify your job of building a compliant safety culture.

SafetySmart Compliance is published by Bongarde Holdings Inc. and is intended for in-house use only. Commercial reproduction is a violation of our copyright agreement. This publication is designed to provide accurate and authoritative information on the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting or other professional services. If legal or other expert assistance is required, the services of a competent professional should be sought.

To order a subscription to SafetySmart Compliance for $397/12 months, please call our customer service center at 1-800-667-9300, fax us at 1-250-493-1970 or visit our website at www.SafetySmartCompliance.com. Publications Mail #40065442. Printed in Canada. N

EWSL

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R & ELECTRONIC PUBLISHERS FO

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EDITORIALEXCELLENCEAWARDWINNER

Step 2: Implement a Written Hazard Communication Program (HCP)Hazcom requires employers to develop a written HCP for their workplace setting out how they protect workers from hazardous chemicals, including use of MSDSs, labels and other safety measures required by Hazcom.

Bottom line: You should already have an HCP. But by Dec. 1, 2016, you’ll have to revise it so that it complies with GHS changes that we’ll talk about below.

Step 3: Ensure All Hazardous Chemicals Have Proper Hazcom or GHS LabelHazcom says employers must ensure that containers of hazardous chemicals have workplace labels listing key safety information about the product. GHS also requires labels but changes what they look like and what information they must include.

Bottom line: From now until June 1, 2016, you must make sure all products have either a traditional Hazcom or GHS label; after that date, only GHS labels will be allowed.

Step 4: Make Sure Label Alternatives Meet Label RequirementsAs before, you’ll be allowed to use label alternatives like signs, placards and process sheets to provide hazard warning information.

Bottom line: If you use any label alternatives, you need to ensure they provide all the information a GHS label must contain by June 1, 2016.

Step 5: Ensure All Hazardous Chemicals Have Proper MSDS or SDSThe MSDS (Material Safety Data Sheet) listing important safety information about hazardous chemicals is a mainstay of Hazcom. GHS is keeping the MSDS institution but changing the form to an SDS, Safety Data Sheet.

Bottom line: From now until June 1, 2016, you must make sure all products have either a traditional MSDS or SDS after that date, only SDSs will be acceptable.

Step 6: Ensure All Exposed Workers Have Access to MSDS/SDS BindersHazcom requires you to maintain a binder containing an MSDS/SDS for each hazardous chemical used, handled or stored at your workplace and ensure that all exposed workers have access to the binder at all times.

Bottom line: There are 2 phases of compliance as follows:

� Now to June 1, 2016: MSDS binders and electronic access systems must contain either an MSDS or SDS for each hazardous chemical in the workplace;

� After June 1, 2016: All MSDSs in binders and electronic access systems must be replaced with SDSs.

Step 7: Provide Chemical Safety Training & Information Under Hazcom, you must provide workers “effective information and training” on hazardous chemicals in their work areas.

Step 8: Provide Chemical Safety Training & Information Any worker not currently exposed to hazardous chemicals who’s assigned to new jobs that involve exposure to hazardous substances must receive Hazcom training and GHS training before starting the job. Exposed workers must receive new or re-training whenever new chemical hazards for which they haven’t already been trained are introduced to their work areas; and all workers must receive Hazcom/GHS training upon assignment to non-routine tasks involving exposure.

Step 9: Make Changes to Chemical Warning Signs There are roughly 2 dozen Subpart Z OSHA standards that require employers to post warning signs for a specific type of hazardous substance.

Bottom line: By June 1, 2016, you must change the language of these warning signs to comply with GHS requirements, including signs posted at entry ways.

Step 10: Make Sure There’s a System to Monitor Compliance with Label Requirements Last but not least, you need a system to keep track of and ensure compliance with Hazcom and GHS requirements discussed above.

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MAnAGinG ediTORGLENN S. DEMBy, ESQ.

PReSidenT And CeOROB RANSOM

Featured ToolChemical Safety Compliance Checklist: This checklist can be adapted and used to perform a self-assessment and ensure you comply with OSHA chemical safety requirements.

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Safety training

How to Comply with new OSHA Safety Signs Rules: 7 FAQsOSHA standards don’t change very often. One of the rare regulatory changes that actually did take place occurred on September 11, 2013 when revisions to OSHA safety sign requirements took effect. Here are 7 FAQs to help you get on top of the changes.

1. What Are OSHA Safety Sign Requirements?Answer: OSHA rules require employers to use signs and tags to communicate certain safety information to workers. The OSHA Specifications for Accident Prevention Signs and Tags Standard (Section 1910.145 for General Industry, Section 1926.200 for Construction) set criteria such signs (and tags) must meet, including:

� How signs are used and where they’re posted;

� The color of the sign;

� How the sign is designed; and

� What information the sign must communicate (and, in some cases, how that information must be worded).

2. What Kinds of Safety Signs Does the Standard Cover?Answer: The Standard applies to accident prevention signs that use signs or symbols to communicate dangers that could harm workers and/or the public or cause property damage. The Standard breaks these signs into 3 groups:

� Danger signs indicating immediate dangers and the need for special precautions;

� Caution signs to warn of potential hazards or caution against unsafe practices; and

� Safety instruction signs used when needed to provide general instructions and suggestions about safety measures.

By contrast, the Standard does not apply to safety signs designed for streets, highways and railroads, nor to safety bulletin boards and safety posters.

3. When Did OSHA Change the Safety Sign Requirements?Answer: OSHA issued a Notice of Proposed Rulemaking (NPRM) proposing the changes on June 13, 2013. The Final Rule officially took effect on September 11, 2013, 90 days after NPRM was published.

4. Why Did OSHA Change the Safety Sign Rules?Answer: Like many other OSHA requirements, OSHA rules for safety signs are based on standards that are decades-old. Specifically, safety sign requirements incorporate voluntary national consensus standards published by ANSI (American National Standards Institute) in 1967.

In 2006, ANSI revised its safety sign standards to make them more attuned to 21st century workplace conditions—illiteracy, turnover, lack of English fluency in the workforce,

including among the workers who rely most on safety signs for protection. The new ANSI Z535.2 standard is designed to make safety signs clearer, more instinctive and thus more capable of delivering more information upon a glance. After studying the issue for 4 years, OSHA concluded that complying with the new ANSI standard would result in better safety signs. So it changed its signs requirements to incorporate the new standard.

5. What Changes to Safety Sign Rules Did OSHA Make?Answer: In a nutshell, danger, caution and safety instruction signs must now meet the design, color and wording requirements of either the old ANSI standard (i.e., the ones contained in the current OSHA Standard) or the requirements of the new ANSI Z535.1-2006.

6. Do You Have to Take Down & Replace Your Current Signs?Answer: No. Remember that you can comply with the OSHA sign requirements by following either the old or new version of the required signs, i.e., signs that meet either the old or new ANSI standards.

Bottom Line: As long as your current signs comply with OSHA, you don’t have to do anything to comply with the new sign rules.

7. Are There Any Other Changes?Answer: Yes—4 of them, in fact:

1. Safety Tags: The same rules pertaining to safety signs also apply to so called “accident prevention tags”.

2. Nonionizing Radiation Warnings: In addition to safety signs and tags required by Section 1910.145, the new ANSI requirements apply to nonionizing radiation warning signs and tags required (under Section 1910.97(a)(3)).

3. Pulp, Paper & Board Mill Warning Signs: Specifically the overhead conveyor warning signs employers are required to post under Section 1910.261(c)(16) of the standard.

4. Construction Accident Prevention Signs & Tags: Last but not least, the ANSI changes also apply to safety signs and tags required at construction projects under the Accident prevention signs and tags standard of the OSHA Construction Standards (Section 1926.200).

Featured ToolOSHA Safety Signs & Tags Compliance Checklist: Adapt this checklist to perform a self-assessment to ensure you comply with OSHA safety sign and tag requirements.

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1. $313,000—Building DemolitionWho Got Fined: Philadelphia demolition contractor. Why OSHA Inspected: During demolition of 4-story building, a wall collapses onto a Salvation Army store next to the site, killing 6 and injuring 14.Major Violations Cited: 5 willful violations of OSHA demolition construction standards for removing lateral structural supports for the wall 3 days before it collapsed, not having an engineering survey addressing the risk of a collapse before the work began and failing to demolish the building from the top down. OSHA also fined the contractor operating the building’s interior walls and floors $84,000. [Campbell Construction, No. 13-2165-PHI, Reg. 3, Nov. 14, 2013].

2. $177,100—Fall Protection, Electrical, Materials HandlingWho Got Fined: Tug and patrol boat manufacturer with “extensive inspection history” for violations at Mississippi shipyard.Why OSHA Inspected: Response to complaint.Major Violations Cited: $115,500 for 4 repeats, 3 of which involve lack of fall protection (failure to keep floors dry, no guards for open hatches or guardrails on the open sides of the deck) and 1 electrical (not replacing welding cords with exposed conductors); and $61,600 for 14 serious, including various materials handling violations. [Trinity Yachts LLC, No. 13-2132-ATL (289), Reg. 4, Nov. 14, 2013].

3. $169,000—Fire Protection, HousekeepingWho Got Fined: Ohio-based retail chain for violations at store in Long Island, NY.Why OSHA Inspected: Response to complaint.Major Violations Cited: $147,000 for 3 repeats—piles and pallets of merchandise blocking fire exit routes and aisles creating fire risk and threat to fall on workers, similar to violations cited at the retailer’s Alabama, Massachusetts and Pennsylvania stores; and $22,000 for 5 serious, including lack of training for Hazcom or use of fire extinguishers. [Big Lots Stores Inc., No. 13-2139-NEW/BOS 2013-196, Reg. 2, Nov. 18, 2013].

4. $165,200—Cranes, Materials HandlingWho Got Fined: New York-based marine construction contractor for violations at Connecticut marina repairs site.Why OSHA Inspected: 80-foot crane boom falls over backward and lands on top of yacht during pilings installation operation.Major Violations Cited: $98,000 for 2 willful violations for operating crane without required safety devices—boom stops and a boom hoist limiting device; and $67,200 for 14 serious, including failing to maintain and inspect the crane and wire lifting ropes, keep load charts listing crane’s lifting capacity in the crane, and adequately secure the crane to the barge[Concavage Marine Const. Co., No. 13-2234-BOS.BOS 2013-203, Reg. 1, Nov. 25, 2013].

5. $158,015—Fall ProtectionWho Got Fined: Illinois roofing contractor.Why OSHA Inspected: Scheduled under National Emphasis Program (NEP) for fall safety on construction sites.Major Violations Cited: 3 willfuls for failure to ensure proper use of fall protection by roofers installing shingles at 3 different residential construction sites; and 2 serious—lack of eye protection for workers using pneumatic nail guns and not providing a ladder to ensure safe access to upper landings. [Affordable Roofing & Exteriors, No. 13-2109-CHI, Reg. 5, Nov. 20, 2013].

6. $156,240—LOTOWho Got Fined: Wisconsin mill that manufactures cedar shingles and boards.Why OSHA Inspected: Worker killed while servicing a machine that wasn’t locked out.Major Violations Cited: 2 willfuls for not providing training in LOTO procedures to workers who service machines or installing lockout/tagout devices during maintenance and cleaning of machines; and 5 serious, including lack of machine guarding on power transmission flywheels, failure to train or evaluate forklift operators and electrical violations. OSHA sticks plant into Severe Violators Enforcement Program (SVEP). [White Cedar Shingles Inc., No. 13-2101-CHI, Reg. 5, Nov. 12, 2013].

7. $147,000—ElectricalWho Got Fined: New York-based telecommunications company settles case with OSHA.Why OSHA Inspected: Field technician working in aerial lift bucking installing steel suspension strands electrocuted after making contact with an energized power line.Major Violations Cited: 2 repeats for letting workers come too close to overhead power lines, inadequate electrical safety training, similar to violations cited after worker’s electrocution death in 2007; and 1 serious PPE violation—lack of insulated gloves for workers.Terms of Settlement: In addition to paying a $147,000 penalty, the company agreed to provide enhanced electrical safety training to field technicians who install suspension strands on utility poles that carry power lines. [Verizon New York Inc., No. 13-2137-NEW/BOS 2013-190, Reg. 2, Nov. 12, 2013].

8. $121,720—Electrical, Fall Protection, Process Safety Management (PSM)Who Got Fined: Arkansas-based chicken, beef and pork producer for violations at Buffalo, NY, plant.Why OSHA Inspected: Scheduled under OSHA Site-Specific Targeting Program (SST) which targets facilities with above industry average injury rates.Major Violations Cited: $60,720 for 3 repeats, including failing to maintain adequate work space in front of electrical equipment, guard floor hole openings and meet PSM requirements (documenting that refrigeration equipment complied with generally accepted good engineering practices)—similar to violations cited at the company’s Kansas, Nebraska and Missouri plants; and $61,000 for 11 serious, including lack of machine guarding and PPE. [Tyson Foods Inc., No. 13-2153-NEW/BOS 2013-199, Reg. 2, Nov. 19, 2013].

9. $115,000—LOTO, Machine Guarding, Confined Spaces, Hearing Conservation, PPEWho Got Fined: New Hampshire non-woven textile manufacturer.Why OSHA Inspected: Response to worker complaint.Major Violations Cited: 21 serious, including LOTO, electrical (failing to protect worker from arc flash where electrical equipment not deenergized before servicing), lack of fall protection equipment and other PPE, confined spaces (no entry safeguards), hearing conservation (no baseline audiograms and training) and machine guarding. [Foss Manufacturing Co., LLC., No. 13-2061-BOS/BOS 2013-184, Reg. 1, Nov. 6, 2013].

10. $108,080—Fall Protection, Fire Protection, HazcomWho Got Fined: Bronx, NY, commercial refrigerator repairs companyWhy OSHA Inspected: Follow-up to April 2013 inspection in which company was fined $16,447.Major Violations Cited: $80,080 for 8 failure to abates—no guardrails providing fall protection from open-sided floor, unmarked emergency exits, lack of written Hazcom program and training and MSDSs; $8,800 for 3 repeats—not keeping fire exits unobstructed, work surfaces and walls free of combustible dusts and providing adequate respiratory protection (no medical evaluation of respirator users); and $19,200 for 12 serious—including PPE, machine guarding, electrical and forklifts. [Ferdo Refrigeration Equipment Inc., No. 13-2178-NEW/BOS 2013-202, Reg. 2, Nov. 21, 2013].

Top 10 OSHA Fines (all fines proposed)

Workplace Stress

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Stress is a prevalent and costly problem in today’s workplace Treatmentyou’ll need to be proactive if you want to cure your job stress. Here are some fixes that address various causes:

3/4 of employees believe the worker has more on-the-job stress than a generation ago.

1/4 of employees view their jobs as the number one stressor in their lives.

About 1/3 of workers report high levels of stress

evidence also suggests that stress is the major cause of turnover

in organizations.

if overwork is your problem, take a vacation, leave work on time as often as possible and avoid taking work home.

if you’re worried about layoffs, all you can do is make sure you’re prepared should that happen.

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February 2014 | SafetySmartCompliance.com 1186

OSHA WATCH

T he owner of a Colebrook, NH, plant that produced a gunpowder substitute has been sentenced to serve between 10 and 20 years in

prison and fined $10,000 with regard to an explosion that killed two of his workers in May 2010.

A jury in Coos County Court in New Hampshire found Craig Sanborn, president, managing member and primary owner of the Black Mag LLC plant, guilty of two counts of negligent homicide and two counts of manslaughter in connection to the deaths of employees Jesse Kennett, 49, and Don Kendall, 56.

The workers were manufacturing a gunpowder substitute when the blast occurred. Kennett and Kendall had been required to hand feed powder into operating equipment due to the employer’s failure to implement essential protective controls. Some five months after the explosion, OSHA cited Black Mag LLC with 54 workplace safety and health violations carrying $1.2 million in proposed fines.

Prosecutor John McCormick told the court that Sanborn, 64, failed to adequately train and protect workers and was reckless in manufacturing, testing and storing black powder.

OSHA Administrator Dr. David Michaels said following the sentencing that Sanborn recklessly ignored basic safety measures that would have protected the workers’ lives.

“Worker safety can never be sacrificed for the benefit of production, and workers’ lives are not and must not be considered part of the cost of doing business,” said Michaels.

A Canton, SD, company that manufactures engine cooling systems for off-highway and on-highway vehicles, has agreed to pay more than $1.33

million to resolve criminal penalties and OSHA fines levied with regard to the death of a worker on Nov. 7, 2011.

Adams Thermal Systems Inc. entered into a deferred prosecution agreement with OSHA, which will see the company pay the worker’s surviving spouse $450,000, along with paying a criminal fine of $450,000 and $435,000 in OSHA penalties.

OSHA says its investigation found that the worker was fatally crushed in a machine used to make radiator cores, after management instructed and authorized workers to bypass the manufacturer’s barrier guard in order to adjust the machine to keep it running. Three willful violations were cited for failure to develop energy control procedures, provide machine guarding and effectively train employees on recognizing hazardous energy and taking safety precautions.

OSHA also conducted two concurrent safety and health investigations at the company in February 2012, resulting in 58 serious and eight other-than-serious violations.

The violations include unlabeled piping systems; obstructions in aisles and passageways; unguarded machinery; crane and hoist hazards; improper exits; electrical hazards and exposures to chemicals, dust and noise.

The agreement includes significant enhanced abatement of violations by the company, with Adams Thermal Systems Inc. stating that it will:

�� Increase the size of its safety and health department,

�� Implement a company-wide safety and health program,

�� Provide incentives for managers and workers to report safety issues and make safety recommendations,

�� Hire a qualified third party to review guarding and lockout/tagout for all plant machinery and to audit the abatement of identified hazards, and

�� Report quarterly to OSHA for three years on safety progress and reportable illnesses and injuries and redesign the safety systems and procedures on the radiator core machine involved in the fatality.

“Adams Thermal failed to provide a safe workplace and those conditions ultimately took the life of a worker. There is no excuse for an employer to compromise safety to keep production running,” says OSHA Administrator Dr. David Michaels. “The Department of Labor has worked diligently with the Office of the Unites States Attorney for South Dakota to resolve this case and provide justice to the family of this worker. No one should ever lose their life for a job.”

Fatal Blast Sends Company Owner to Prison for 10 to 20 Years

Company to Pay $1.33 Million in Worker’s death Case

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OSHA WATCH1186

S creen It Graphics of Lawrence, which conducts business as Grandstand Sportswear and

Glassware, has been cited by OSHA for 27 safety and health violations at the manufacturing facility. An OSHA inspection was prompted by a referral from a local health department and conducted as part of the agency’s national emphasis program for lead. Proposed fines total $119,000. paperwork for employers. These revisions include the following:

OSHA conducted wipe samples and personal air sampling to detect lead, cadmium and inorganic arsenic in the facility that produces personalized bar and glassware, apparel and business items. The wipe samples detected all three contaminants, and personal air monitoring found airborne concentrations of cadmium above the action level.

“Grandstand Sportswear and Glassware’s failure to implement basic safety procedures to monitor

and prevent employee’s exposure to lead and other hazardous chemicals led to serious health risks,” said Judy Freeman, OSHA’s area director in Wichita. “Employers must maintain a safe and healthful working environment.”

A total of 21 serious health violations include failing to:

�� Ensure that all surfaces were maintained as free as practicable from arsenic, lead and cadmium.

�� Develop and implement a housekeeping and maintenance plan and ensure the use of effective cleaning methods for these contaminants.

�� Train workers on hazards of materials containing contaminants and to use personal protective equipment.

�� Monitor exposure to materials.

�� Provide clean changing rooms to prevent cross-contamination with street clothing.

�� Determine the airborne concentrations of lead, cadmium and inorganic arsenic.

�� Provide coveralls and other personal protective clothing, such as gloves and shoe coverlets.

�� Develop an effective respiratory protection program, including medical evaluation,

training and fit testing workers for proper respiratory equipment.

An OSHA violation is serious if death or serious physical harm could result from a hazard an employer knew or should have known existed.

The agency opened a separate safety investigation after observing hazards during the health investigation. Six serious safety violations were found, including failing to:

�� Establish an effective lockout/tagout program to prevent the unintentional operation of machinery;

�� Provide machine guarding;

�� Prevent electrical shock hazards due to improper and damaged wiring; and

�� Ensure knockouts on junction boxes and covers on live electrical parts to prevent exposure.

Grandstand Sportswear and Glassware employs 95 workers at this facility. The company has 15 business days from receipt of the citations to comply, request an informal conference with OSHA’s area director, or contest the citations and penalties before the independent Occupational Safety and Health Review Commission.

Lead, Cadmium & inorganic Arsenic, Oh My!

O SHA has cited Big Lots Stores Inc. for repeat and serious violations of workplace safety standards following an inspection begun on May 15 in

response to a complaint about its store in West Babylon. The Columbus, Ohio, retail chain faces $169,000 in proposed fines.

“The size of these fines reflects both the severity of these hazards and the recurrence of similar violations at the company’s other stores,” said Anthony Ciuffo, OSHA’s area director for Long Island. “For the safety and well-being of its employees, Big Lots needs to address these conditions effectively at all its locations.”

OSHA found several hazardous conditions similar to those previously cited at Big Lots stores in Alabama, Massachusetts and Pennsylvania, including exit routes and aisles blocked by piles and pallets of merchandise, as well as improperly stacked boxes containing merchandise. The obstructed aisles and exit routes compromise safe exiting in an emergency, while the improperly stacked boxes, some of which were crushed and leaning, could fall and strike workers.

These conditions resulted in OSHA issuing Big Lots three repeat citations with $147,000 in fines. A repeat violation exists when an employer has been cited previously for the same or a similar violation of a standard, regulation, rule or order at any of its facilities in federal enforcement states within the last five years.

The inspection of the West Babylon store also resulted in the issuance of five serious citations with $22,000 in fines. These citations regard the store’s failure to:

�� Properly mark and post aisles; exit routes; and doors that could be mistaken for exits; as well as

�� Provide portable fire extinguisher training;

�� Adequate safety training;

�� Readily available material safety data sheets; and

�� A written hazard communication program for workers using chemical cleansers.

A serious violation occurs 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.

Big Lots Stores Inc. has 15 business days from receipt of its citations and proposed 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.

OSHA Proposes $169,000 Fine for discount Retail Store

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SpOt the OSha ViOlatiOn

is This a Safe Way to use a Crane?WHAT’S WRONG WITH THIS PICTURE?

Answer: Crane operations are supposed to be overseen by a competent person to ensure they’re done safely. Our sources tell us that such a person was, in fact, present when this photo was shot. The bad news was that apparently, he’s the guy standing on top of the load being moved!

The Moral: Cranes should be used to lift objects, not people—especially people not using fall protection.

WHAT’S AT STAKECrane AccidentsHere are some sobering statistics about crane accidents:

�� 8 of 100 workers killed on construction sites lose their lives in a crane accident

�� 71 The average number of U.S. workers are killed in crane accidents each year

�� 1,125 The estimated number of workers around the world killed in crane accidents in the past decade—and this counts just accidents involving tower cranes

�� 4 The states with the most crane fatalities are, in order, Texas, Florida, California and Louisiana

HOW CRANE ACCIdENTS HAPPEN TO YOU4 Most Common CausesAccording to OSHA, the 4 most common causes of crane accidents are:1. Electrocution resulting from crane making contact with

overhead power lines2. Cranes tipping over3. The victim falls from the crane—something that could easily

happen to the worker riding the load in the photo above.

4. Mechanical failures

dON’T LET THIS HAPPEN TO YOU!Top 8 Ways to Cut Risk of Crane Accidents1. Do a Crane Hazard Assessment at the Site

Make sure that the site where cranes are to be use used has proper soil for crane use and enough room to assemble, disassemble and use the crane.

2. Maintain Adequate Clearance from Overhead Powerlines Make sure that the site where cranes are to be use used has proper soil for crane use and enough room to assemble, disassemble and use the crane.

3. Implement a Crane Safety Plan for Each Lift The safety plan should be overseen by a qualified person and all workers involved must be familiar with it.

4. Ensure that Crane Has Correct Capacity for the Job Before the lift, inspect the crane and ensure that it’s suitable for the job and that has been maintained in accordance with the manufacturer’s specifications. The load must also be properly rigged and inspected before the lift.

5. Make Sure a Competent Person is Present to Oversee Crane Operations According to OSHA, competent means a person with thorough training, qualification, experience and knowledge to identify hazards. The competent person should have the authority to stop unsafe operations, not to mention greater sensitivity to safety concerns than the worker pictured riding the load in the photo above.

6. Use Qualified Operators The crane operator must be capable of running the crane and competent with load charts, pre-inspection, and set-up.

7. Use Qualified Signal Persons There must be a method for signaling and the person(s) who performs signaling operations must be capable of doing his/her/their job properly.

8. Train All Affected Workers in Safe Crane Operation Safety training must be provided to any workers who are involved with or in the vicinity of the area where the lift occurs. Among other things, such workers must be familiar with the signaling methods and signals used to perform the lift.

Featured ToolMaterials Handling13 Questions to Ask to Verify Proper Crane Inspections.

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aSK the eXpert

is distributing Lockout Procedure Proper LOTO Training?QUESTION:We don’t have a formal lockout training program. But we give workers a copy of our lockout program and require them to sign a form acknowledging that they’ve read and understood the procedure before letting them lock out machines. Does this meet OSHA requirements?

ANSWER:No, it doesn’t.

ExplanationUnder the OSHA LOTO standard (Sec. 1910.147), workers who engage in lockout activities during servicing/maintenance of machines and equipment, i.e., “authorized employees,” must receive training on:

� Recognizing all potentially hazardous energy sources;

� The type and magnitude of energy in the workplace; and

� Methods used to isolate and control hazardous energy.

Merely distributing copies of the energy control procedures to workers doesn’t meet these requirements. And that’s not just me talking. In 2005, OSHA issued an interpretation letter specifically saying this.

Training, the letter explains, means allowing “each authorized employee to understand the purpose and

function of the energy control program” and “develop the skills and knowledge” to safely carry out his/her role under it. You also have to verify that the training has been effective and resulted in making the worker “proficient” to carry out his/her duties.

Since simply handing workers a copy of the energy control procedure isn’t enough, having them sign a written acknowledgement of having read and understood the procedure won’t do anything to help you persuade OSHA inspectors that you comply with LOTO training requirements.

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About the expertGlenn demby is an OSHA attorney and editor-in-chief of SafetySmart Compliance

? Got a Question?Submit your questions to [email protected]

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