WorkSafeBC’s Board of Directors reports it has approved amendments to Part 4 of the Occupational Health and Safety Regulation, regarding a third option to protect workers assigned to work alone in late night retail premises. The amendments become effective April 15, 2012.
The third option addresses implementation issues and challenges with the existing regulation. The implementation issues were confirmed in three pilot projects and by an independent evaluation. The conclusions were that options one and two in the current regulatory requirement — hiring additional workers or erecting a barrier — are not practicable for all late night retailers. [WCx]
This third option does not replace the existing two options in the late night retail safety regulation; it is an additional option, which provides a prescriptive list of engineering and administrative controls. Employers who choose the third option will be required to implement all of the listed controls. In addition, employers will be required to undertake regular security audits by a qualified and independent person to confirm that all the controls have been implemented.
Roberta Ellis, senior vice president of Corporate Affairs for WorkSafeBC says, “Our priority continues to be protecting late night retail workers from acts of violence.”
WorkSafeBC consulted with employers and worker representatives when considering the amendments to the regulation. A review of independent research, the results of the pilot project assessing barrier options, a report from an independent audit of the project and feedback from public hearings throughout B.C. were also considered.
If an employer chooses the third option, they must implement all of the following controls:
A time lock safe on the premises that cannot be opened during late night hours;
Cash and lottery tickets that are not reasonably required in order to operate during late night hours are stored in the time lock safe;
Good visibility into and out of the premises;
Limited access to the inside of the premises;
The premises must be monitored by video surveillance;
There must be signs on the premises indicating that the safe is a time lock safe that cannot be opened during late night hours, there is a limited amount of accessible cash and lottery tickets on the premises, and the premises are monitored by video surveillance. (WCxKit)
In addition, workers assigned under the third option to work late night hours must be at least 19 years of age and be provided with personal emergency transmitters that are monitored by the employer, a security company, or other person designated by the employer.
Author Robert Elliott, executive vice president, Amaxx Risk Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact: Info@ReduceYourWorkersComp.com.
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com.
The former owner of the country’s largest asbestos abatement training school has been sentenced to prison after having fled the United States after her trial in 2008.
According to the Environmental Protection Agency, U.S. District Judge Nathaniel Gorton sentenced Albania Deleon to 87 months in prison to be followed by 3 years of supervised release. She was ordered to pay more than $1.2 million in restitution to the Internal Revenue Service and several hundred thousand dollars to AIM Mutual Insurance Company. (WCxKit)
In 2008, Deleon was convicted of charges including selling training certificates to thousands of illegal aliens who had not taken the mandatory course. She allegedly placed these unqualified people in temporary positions as certified asbestos abatement workers in public buildings.
From approximately 2001 to 2006, Deleon owned and operated Environmental Compliance Training (ECT), a certified asbestos training school located in Methuen, Mass. ECT normally offered training courses on a weekly basis at its Methuen offices, however, many of the recipients of the certificates never took the required course.
Instead, with Deleon’s knowledge and approval, ECT’s office employees issued certificates of course completion to thousands of individuals who did not take the course. These individuals filed the certificates with the Massachusetts Division of Occupational Safety in order to be authorized to work in the asbestos removal industry. Many of the recipients were illegal aliens who wished to skip the four-daylong course so that they would not forego a week’s pay.
Since ECT’s training course records were subject to inspection, Deleon sought to cover up ECT’s practice of issuing certificates to untrained applicants by having the applicants sign final examination answer sheets that already had been completed and graded, which she maintained in ECT’s files. Based on the evidence at trial and information supplied by the Division of Occupation Safety, ECT issued training certificates to more than 2,000 untrained individuals.
Deleon is the fifth environmental criminal captured since the EPA fugitive website was launched in December 2008. (WCxKit)
“Today’s sentence marks the final chapter in bringing Albania Deleon to justice,” said EPA’s Cynthia Giles. “Committing environmental crimes to make a profit that put workers and our communities at risk [carries] serious consequences.”
Author Robert Elliott, executive vice president, Amaxx Risk Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact: Info@ReduceYourWorkersComp.com.
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact
The killing of a convenience store employee in Saskatchewan in June has spurred the provincial labor federation to support a petition to change regulations for retail employees working alone, according to a report from the Canadian OH&S News.
Many delegates attending the Saskatchewan Federation of Labour's (SFL) annual Occupational Health and Safety Conference recently strongly supported and signed a petition calling for the introduction of "Jimmy's Law" into the provincial legislature, says Larry Hubich, president of the SFL. The proposed law is named after Jimmy Wiebe, who was murdered at a gas station convenience store on June 20 in Yorkton. (WCxKit)
It would require employers to schedule two employees to work together between the hours of 10 or 11 p.m. and 6 a.m. or provide protective barriers between lone workers and the public.
The incident that prompted the petition occurred in the early morning hours. Members of the Yorkton RCMP received a report of a man who had been found deceased in the Shell Canada convenience store by a customer, says Corporal Rob King, a spokesman for the Saskatchewan RCMP division. Four days after, King says, the Yorkton RCMP detachment charged Kyle Furness, 20, with first-degree murder in connection with the homicide of the 50-year-old worker, an employee of the store for more than 10 years.
Jimmy's Law is modeled after similar working alone regulations in British Columbia which were introduced in 2008, but have not yet come into effect because of the complexity of the issue, according to Megan Johnston, a spokeswoman for WorkSafeBC. That year, however, BC introduced a separate pay-then-pump requirement following the death of a young gas station attendant.
"Grant's Law" – named after Grant De Patie, who was dragged to his death while trying to prevent the theft of gas from a station in Maple Ridge, BC – requires mandatory pre-payment of fuel at all gas stations in BC, Johnston says.
Wayne Hoskins, president of the Western Convenience Stores Association (WCSA) in Surrey, BC, says it's important to note the distinction between mandatory pre-payment of gas and the requirement for multiple workers or barriers. "While Grant's Law was well-intended, it refers to outside, or ex-store, and not in-store coverage," Hoskins explains.
In British Columbia, the working alone regulations – known as the Late Night Retail Safety Procedures and Requirements – consist of an engineering control (barrier) or administrative control (extra staff), Johnston says. Hoskins says that a third option has also been proposed: additional training, testing and certification. This option, a combination of both engineering and administrative controls, will be presented to WorkSafeBC's board of directors in October. (WCxKit)
Ontario is another jurisdiction considering a mandatory pre-paid policy for gas stations following a recent gas-and-dash incident. A gas attendant Hashem Rad, 62, was struck by a vehicle that took off with unpaid gas at a Petro-Canada station in Mississauga, Ontario. Rad was taken to hospital, where he succumbed to his injuries the following day.
Author Robert Elliott, executive vice president, Amaxx Risk Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact: Info@ReduceYourWorkersComp.com.
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com.
The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) recently cited Spincraft in North Billerica for 38 alleged violations of workplace safety standards.
According to an OSHA report, an inspection was opened after the agency learned that a worker sustained serious eye and facial injuries when the grinding wheel of the portable grinder he was operating ruptured and kicked back in his face. Inspectors found that the grinder was not guarded or set up properly, and steps had not been taken to ensure that it was operated at the proper speed. The metal fabrication plant faces a total of $175,500 in proposed penalties. (WCxKit)
The inspection also uncovered other hazards throughout the plant, including obstructed exit access, improper propane storage, failure to inspect cranes on a frequent and regular basis, failure to inspect crane running ropes and test crane upper limit switches, a lack of hazard communication training and numerous electrical hazards, as well as unguarded ladder way openings, floor holes, and open-sided floors and platforms.
A total of 32 serious violations carrying $173,000 in proposed penalties were cited. 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. (WCxKit)
Six other-than-serious violations with $2,500 in fines were cited for undocumented energy control procedures and additional machine guarding, crane, electrical and hazard communication issues. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.
Author Robert Elliott, executive vice president, Amaxx Risk Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact: Info@ReduceYourWorkersComp.com.
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com.
Supervisors, workers, and employers in any industry in British Columbia may benefit from a new WorkSafeBC online safety training course that can be accessed any time, free of charge. The Supervising for Safety course provides information and resources on supervision and the key role it plays in providing and maintaining a safe and healthy workplace, according to a report from WorkSafeBC.
“It’s all about getting occupational health and safety resources to the customer in ways that meet their needs,” says Gordon Thorne, WorkSafeBC manager of Safety Videos & Publications, who helped build the course. “Making the course available on its own Web site and on Facebook increases access by bringing the classroom experience to the participant.” (WCxKit)
The program originated with an industry group of labour, business, and WorkSafeBC officers concerned with injury and disease prevention. Supervisors in industry may lack a full understanding of their role and responsibilities relating to the safety of their workers, including the requirement to provide information, instruction, training, supervision, verification of knowledge, and correction of workplace hazards.
“We built the program because there wasn’t much out there for supervisors,” says Mike Tasker, a WorkSafeBC occupational safety officer based in Prince George, and one of the program’s originators. “So we put together the course based on our experience as supervisors, and best practices for what works in safety management.”
Organized into nine modules, the course can take seven to eight hours to complete and also allows you to select the topics you want to explore and proceed at your own pace. It contains over 60 video clips and templates of forms, checklists, and other WorkSafeBC safety resources to download.
“A large percentage of injuries within certain sectors of the tourism industry, such as hotels and ski hills, are musculoskeletal injuries,” says Trina Wright, Program Manager, Industry Health and Safety for go2, the B.C. tourism industry’s HR organization and COR certifying partner. “The course content regarding these injuries can help supervisors identify the causes of injury and show them how to implement programs to decrease the likelihood of MSI injury.” (WCxKit)
Author Robert Elliott, executive vice president, Amaxx Risk Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact: Info@ReduceYourWorkersComp.com.
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact
Three Massachusetts masonry companies and their owners have been ordered to pay more than $68,000 for failing to pay the prevailing wage, according to information from Attorney General Martha Coakley.
Investigators of the Fair Labor Division conducted site inspections at nine public construction projects. During these site inspections, the investigators observed and filmed employees performing masonry tasks, such as cutting block or brick with a masonry saw. A review of the certified payroll records submitted by these companies to the awarding authorities showed that the employers misclassified their masonry workers as laborers, and consequently failed to pay the employees the prevailing wage rate. (WCxKit)
The Department of Labor Standards (“DLS” – formerly the Division of Occupational Safety) is statutorily authorized to set the prevailing wage rates for all public construction projects in Massachusetts and to determine which tasks fall into which job classifications. In 2004 and 2008, the DLS issued letters stating that cutting brick or block is a masonry task.
The AGO cited the following three companies and their owners for violations at the following public construction projects:
1. D’Agostino Associates, Inc. of Newton, and John D’Agostino, 84, of West Newton were fined a total of $30,000 for four violations: Norwood High School; Hanover High School; Avery Elementary School in Dedham; and Natick High School.
2. Lighthouse Masonry, Inc. of New Bedford, and Paul M. Alves, 43, of North Dartmouth were fined a total of $22,500 for three violations: Wayland High School; Salem State University; and the Ruane Judicial Center in Salem.
3. Fernandes Masonry, Inc. of New Bedford, and Victor M. Fernandes, 39, of Acushnet were fined a total of $15,000 for two violations: Westboro Wastewater Treatment Plant Upgrade project and the Weston Public Works project.
Each company was ordered to pay a $7,500 fine for each wage violation and pay restitution to their employees for the one hour’s worth of time which the investigators observed. (WCxKit)
Additionally, the Attorney General’s Office ordered Lighthouse Masonry and Paul Alves to pay a $500 fine for failing to submit true & accurate certified payroll records at the Ruane Judicial Center project due to its failure to list one of its employees, observed by the investigators, on the certified payroll record.
Author Robert Elliott, executive vice president, Amaxx Risk Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact: Info@ReduceYourWorkersComp.com.
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact
The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited PJ Trailers Manufacturing Co. Inc. and Delco Trailers Co. Inc., a similar company owned by PJ Trailers, for seven willful, 26 serious, nine repeat and four other-than-serious violations.
According to an agency report, OSHA inspectors found workers exposed to unguarded machinery, fall hazards and accumulations of potentially hazardous dust, among other violations. Proposed penalties total $949,800. (WCxKit)
"Employers have a responsibility to keep their workers safe and healthy. Willful and repeat citations, as well as significant penalties, reflect the fact that management knew workers were exposed to dangerous conditions yet failed to provide them with basic safety protections. That choice is unacceptable and needlessly placed these workers' health and safety at risk," said Assistant Secretary of Labor for OSHA Dr. David Michaels.
PJ Trailers Manufacturing and Delco Trailers are commonly owned, with the same president and management. They share a work site, a human resources division and a safety and health manager, and they have interrelated and integrated operations. PJ Trailers and Delco Trailers previously had been cited by OSHA for many of the same hazards that the agency found during its most recent inspection. Although the company had certified abatement of the prior hazardous conditions, many of the fixes were later abandoned to accommodate production. Since 2008, at least 15 workers have suffered eye injuries requiring medical treatment and or days away from work.
OSHA's Dallas Area Office initiated a safety and health inspection at the company's facility at 1807 Farm to Market 2352 in Sumner following receipt of a complaint that employees were not adequately protected from being injured by rotating machinery parts, and employees were exposed to toxic welding fumes while fabricating trailers and noise levels above approved health standards.
The willful violations involve failing to provide fall protection for employees working on stacked trailers, provide adequate machine guarding to prevent "caught-in" or "caught-between injuries," provide employees with proper eye protection during cutting and welding operations, and establish and maintain an audiometric testing program. Audiometric testing is required when employees are exposed to high noise levels to determine if their hearing is being adversely affected. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirements, or with plain indifference to employee safety and health.
Repeat violations include failing to ensure that all spray booth areas were kept free from accumulated powder coating, guard several pieces of hazardous machinery, have all necessary lockout/tagout procedures, provide training on existing lockout/tagout procedures to protect employees from hazardous machinery starting up unexpectedly and ensure that medical evaluations were completed to determine employees' ability to use respirators. A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years. OSHA cited the company in September and October of 2006 and March 2010 for similar violations.
Serious violations include failing to provide required fall protection, provide training on electrical hazards and prevent exposure to welding fumes in excess of the average allowed during an 8-hour shift. 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.
Other-than-serious violations include failing to enter recordable injuries and illnesses on the OSHA 300 log within seven calendar days and properly certify the OSHA 300A form or its equivalent. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm. (WCxKit)
The workers compensation carrier insuring PJ Trailers and Delco Trailers is Farmington Casualty Co.
Author Robert Elliott, executive vice president, Amaxx Risk Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact: Info@ReduceYourWorkersComp.com.
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com.
Authors: Brian Anderson DC, CCN, MPH and David C. Radford, DC, MSc
Employers are unlikely to find another issue that leads to more absenteeism and detracts from productivity in the workplace more than occupational low back pain (LBP). This, the
first in a series of articles, introduces the ubiquity of this problem in the workplace, what solutions are effective in addressing it, and what treatment options can be most successfully employed when workers do injure their low backs.
In order to understand the scope of this problem, it is worthwhile to discuss some statistics related to occupational LBP.
· Occupational LBP is the largest single health problem related to work absenteeism, and the most common cause of incapacity among workers younger than forty-five years old.
· Worldwide, 37% of LBP was attributed to occupation.
· 1% of the US population is permanently disabled from this problem.
· Occupational LBP accounts for 68% of sick days and 76% of sick leave payment costs in some industries.
As is obvious from the above statistics, LBP consistently creates huge expenditures and time loss from work. Employees whose job involves lifting, bending, twisting or repetitive spinal movements are most at risk for these injuries. This type of LBP is classified as kinetic or dynamic overload injury. Due to the nature of LBP, these workers are also more likely to need extended time off work when suffering a low back injury. Transitionally, they may also need modified duty for a period of time on their return to work.
Ergonomic interventions, which will be addressed in part two of this series, are crucial for the prevention of occupational LBP. Acute LBP is almost never
related to one specific event, but rather is the culmination of a long history of improper mechanics and micro-trauma to the spine. As apposed to kinetic injury, static or postural LBP is also a huge problem for “desk jockeys,” or those who sit for prolonged periods of time. Lack of movement can sometimes be as detrimental as too much movement.
To summarize, the risk factors for occupational LBP are:
· cumulative traumas;
· dynamic activity-trunk flexion and rotation, heavy physical work, bending or squatting, lifting or carrying loads;
· long work shifts without pauses;
· static and inadequate postures.
Workers suffering low back injuries can be divided into three groups: work being the primary cause of LBP; work being one of many contributing factors related to LBP; and those with a preexisting back injury which may be aggravated by work. Those workers who fall into the latter category should be very carefully monitored. There will always be cases of occupational LBP that cannot be predicted or even prevented, but a worker with a previous history of LBP does not fall into this category. Matching the worker to the job is a crucial prevention strategy, which will be discussed in part two of this series.
What should be most concerning to employers, and is likely the most important reason for intervention, is preventing acute low back pain from becoming a
chronic problem. There is plenty of data to suggest that most acute low back pain is self-limiting. With or without treatment, many cases of acute low back pain resolve in a few weeks. There are, however, two issues that should be of concern regarding occupational LBP; recurrence and chronicity. The recurrence rate of low back pain is 30-60% within 1-2 years.
There are also some documented risk factors for developing chronic LBP after an acute injury which employers and health care providers should be aware of. These are:
· dissatisfaction with work
· physical inactivity/obesity
· low vitamin D levels
· smoking
· performing heavy lifting
· depression
· being involved in litigation
· educational level
In part three of this series, we will discuss treatment options designed to prevent chronic low back pain.
If employers are not actively working with their company nurses and doctors developing strategies and programs to address and prevent occupational LBP, hopefully they will after reading this series of articles. Next time we will address programs and interventions targeting primary and secondary prevention of occupational LBP. Stay tuned!
Resources:
1. Estimating the global burden of low back pain attributable to combined occupational exposures – http://www.who.int/quantifying_ehimpacts/global/5lowbackpain.pdf
2. Occupational low back pain: Rev Assoc Med Bras 2010; 56(5): 583-9
3. Preventing Occupational Low-Back Pain. West J Med 1988 Feb; 148:235
4. Can We Identify People at Risk of Non-recovery after Acute Occupational Low Back Pain? Results of a Review and Higher-Order Analysis. Physiother Can. 2010;62:9 –16
5. Designing a workplace return to work program for occupational low back pain: an intervention mapping approach. BMC Musculoskeletal Disorders 2009 10:65
6. Liebenson, C. Rehabilitation of the Spine- A Practitioners manual, 2nd edition. Lippincott Williams & Wilkins
Dr. Anderson works as a supervising clinician and instructor at National University of Health Sciences in Lombard IL. He has been in private practice, as well as part of a team in a University based Integrative Medicine setting. In addition, Dr. Anderson has experience in the medico-legal field, serving as an expert for various insurance companies and legal firms. He earned a Masters Degree in Public Health, as well as a Certified Clinical Nutritionist designation. He is currently working toward a specialty diplomate in Functional Rehabilitation. Contact Dr. Anderson for more information at
banderson@nuhs.edu
Dr. Radford is in private practice. He is a third generation Doctor of Chiropractic Medicine. He earned a Master’s Degree in Advanced Clinical Practice and he provides conservative primary care. He has treated work related injuries for more than 30 years. Dr. Radford has found that treating the co-morbidities that often accompany injured workers like obesity, medication overuse, and addiction lead to a more complete recovery. He was a founding member of the Cleveland Orthopaedic and Spine Hospital, Cleveland, Ohio. Contact for more information at
DCR8888@aol.com or (440)-248-8888.
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact
The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has issued 54 workplace safety and health citations with penalties totaling $1.2 million to gun powder substitute manufacturer Black Mag, LLC, following an investigation into the causes of a deadly explosion in May at the company's worksite in Colebrook, N.H., according to information from OSHA. The explosion took the lives of two workers who had been on the job for only a month.
May 14, two workers and a plant supervisor were manufacturing a gun powder substitute known as Black Mag powder when the explosion occurred. The workers had been required to hand feed powder into operating equipment due to the employer's failure to implement essential protective controls. The employer also chose not to implement remote starting procedures, isolate operating stations, establish safe distancing and erect barriers or shielding – all of which are necessary for the safe manufacture of explosive powder.
"The fines levied here pale in comparison to the value of the two lives lost," said Secretary of Labor Hilda Solis. "Nonetheless, this was a tragedy that easily could have been prevented had the employer valued the health and safety of its employees. Employers should not sacrifice their workers' lives for a profit, and no one should be injured or killed for a paycheck."(WCxKit)
Additionally, the employer chose not to provide the personal protective equipment and other safety measures its employees needed to work safely with such hazardous material. OSHA cited the company with four egregious willful, 12 willful, 36 serious and two other-than-serious violations with total penalties of $1,232,500.
"Even after a prior incident in which a worker was seriously injured, and multiple warnings from its business partners and a former employee, this employer still decided against implementing safety measures," said Assistant Secretary of Labor for OSHA Dr. David Michaels. "Unfortunately, we see this kind of disregard time and time again across industries. All employers must find and fix workplace hazards so these types of avoidable tragedies do not happen, and workers can return home safely at the end of the day."
The four egregious willful citations were issued for failure to train each of the four workers involved in the manufacture of the gun powder substitute. In addition to the two workers killed and their supervisor, there was an additional employee who left the job nine days before the explosion. Willful citations are considered egregious when more than one worker is exposed to a single hazard. The citation issued for that hazard is then multiplied by the number of workers exposed.
Other willful citations were issued for failure to locate operators at safe locations while equipment was operating; separate workstations by distance or barriers and ensure that each worker was properly trained; provide adequate personal protective equipment, such as fire resistant clothing, face shields and gloves; to safely store gun powder; and identify explosion hazards in the company's operating procedures. A willful violation is one committed with intentional knowing or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health.
Some of the 36 serious citations were issued for failure to separate small arms ammunition from flammable liquids, solids, and oxidizing materials by a fire-resistive wall or by a distance of 25 feet; establish and implement an emergency action plan and provide written procedures to manage changes; provide personal protective equipment including clothing, respiratory devices, protective shields and barriers for workers exposed to lead; train workers on appropriate protective equipment; train workers in electrical safety-related work; address hazards associated with exit routes; and address hazards associated with handling, storing and transporting explosives.(WCxKit)
The two other-than-serious violations are for a failure to perform respirator fit tests and to ensure that facial hair does not interfere with a respirator seal. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.
Author Robert Elliott, executive vice president, Amaxx Risk Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. Go to: www.LowerWC.com for more information. Contact: Info@ReduceYourWorkersComp.com.
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com.
A global car components manufacturer has been fined after a Staffordshire, Great Britain, woman fractured and burned her left middle finger while operating a welding machine.
The Health and Safety Executive (HSE) reported that it prosecuted ThyssenKrupp Tallent, Ltd., following the incident at the company's factory at Quadrant Point, Cannock, in August of 2010.(WCxKit)
The 43-year-old agency worker from Burntwood, who did not want to be named, was using the machine to weld nuts onto car parts when her left hand middle finger became trapped between the electrode and another part of the machine.
South Walls Magistrates' Court heard the woman fractured her finger and suffered a severe electrical burn, which has left her with continuing numbness. She was unable to return to work for four months and was in a great deal of pain during her recovery, needing help with day-to-day tasks including washing, dressing, and preparing food.
An HSE investigation found the machine had no jig fitted to hold the work piece in place and was set to single-hand operation control. Workers had to hold the work piece in place with their left hand, while using their right hand to press the control button to operate the machine. This meant the left hand was very close to the unguarded moving parts and could become caught.
ThyssenKrupp Tallent, Ltd, of Aycliffe Trading Estate, Darlington, pleaded guilty to breaching Regulation 11(1) (a) of the Provision and Use of Work Equipment Regulations 1998 and Regulation 3(1) of the Management of Health and Safety at Work Regulations 1999. The company was fined £16,000 ($25,500) and ordered to pay £5972 ($9500) in costs.(WCxKit)
The court also heard the company had been fined as a result of a prosecution by HSE in 2009, following a previous incident relating to machinery guarding at the Cannock site.
Author Robert Elliott, executive vice president, Amaxx Risk Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact: Info@ReduceYourWorkersComp.com.
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com.
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