Stronger OSHA and Increased Penalties Proposed

U.S. Senator Tammy Baldwin introduced legislation targeting unsafe working conditions to enhance workplace protections for employees. The Protecting America’s Workers Act would increase penalties for high gravity violations in the workplace and provides rights for workers and their family members.

“We need to provide greater protections for workers and their families, so no one gets hurt. Everyone should be able to go to work knowing they will come home at the end of the day in the same condition and without experiencing any threat to their health and safety,” said Senator Baldwin. “It is unacceptable that workers face unsafe working conditions or risk losing their job if they file a complaint. This legislation will improve the rights of employees, foster the safety of their workplaces and hold accountable the bad actors who break the law and do harm to American workers.”

As the Milwaukee Journal Sentinel reported in December 2017, OSHA reported two violations at Mid-America Steel Drum, an oil refurbishing plant owned by Greif, Inc. in Oak Creek, Wisconsin. The same company’s Milwaukee facility was cited with 15 serious violations in April 2017 for exposing workers to hazardous materials.

Under current law, an employer may be charged with a misdemeanor —at most—when a willful violation of OSHA leads to a worker’s death. The Protecting America’s Workers Act would authorize felony penalties against employers who knowingly commit OSHA violations that result in death or serious bodily injury and extend such penalties to corporate officers and directors.

According to the senate proponents of the bill, too many workers are being injured and even killed on the job. In 2016 alone, 5,190 workers were killed on the job, with Wisconsin witnessing 105 of those fatal work injuries and about 3.7 million worker injuries and illnesses being reported throughout the nation. The Protecting America’s Workers Act would improve reporting, inspection and enforcement of hazardous work conditions. This legislation also updates current OSHA civil penalties – which have remained too low to deter bad actors and sets a minimum penalty of $50,000 for a worker’s death caused by willful violation.

In addition, the legislation would enhance protections for whistleblowers like Will Kramer, who witnessed safety and environmental violations while an employee at Greif. Under the Protecting America’s Workers Act, workers like Kramer would have more rights in filing claims through expanding protections to public employees including contract workers and first responders. The legislation creates stronger penalties to deter repeated violations by providing authority for increased civil monetary penalties for willful and serious violations resulting in death or serious bodily injury. It also requires employers to correct serious, willful and repeat violations while they are contesting citations for OSHA violations. This aims to protect workers from potential hazards as soon as they are reported, rather than having to wait for OSHA and the cited workplace to settle a case and leave workers exposed to dangerous work environments for a longer period of time.

For over a year, Senator Baldwin has been working to hold Mid-America Steel Drum accountable, protect worker safety and keep neighborhoods safe. In February 2017, Senator Baldwin requested that Attorney General Jeff Sessions provide an update on the status of the Department’s investigation of whistleblower reports and urged swift movement on appropriate actions. She also called for investigations by OSHA, the EPA, DOT, and Securities and Exchange Commission (SEC).

As a result of Senator Baldwin’s efforts, investigations have been opened by OSHA, EPA and DOT at each of the three Mid-America Steel Drum facilities in Wisconsin (St. Francis, Oak Creek and Milwaukee). In addition, the DOT has expanded its investigation to Greif facilities across the country and the Wisconsin Department of Natural Resources is investigating as well.

The Protecting America’s Workers Act is cosponsored by Senators Sherrod Brown (D-OH), Elizabeth Warren (D-MA), Ed Markey (D-MA), Bernie Sanders (I-VT) and Patty Murray (D-WA). More information on the Protecting America’s Workers Act is available here.

New Orleans Hazardous Waste and DOT Hazardous Materials Training

Register for Hazardous Waste Management and DOT Hazardous Materials Training: The Complete Course in New Orleans, LA, on April 3-5 and save $100 or receive an Amazon Fire HD 10 tablet with electronic versions of both handbooks. To take advantage of this offer, click here or call 800-537-2372.

San Diego Hazardous Waste and DOT Hazardous Materials Training 

Register for California Hazardous Waste Management and DOT Hazardous Materials Training: The Complete Course in San Diego, CA, on April 10-12 and save $100 or receive an Amazon Fire HD 10 tablet with electronic versions of both handbooks. To take advantage of this offer, click here or call 800-537-2372.

Virginia Beach Hazardous Waste and DOT Hazardous Materials Training

Register for Hazardous Waste Management and DOT Hazardous Materials Training: The Complete Course in Virginia Beach, VA, on April 17-19 and save $100 or receive an Amazon Fire HD 10 tablet with electronic versions of both handbooks. To take advantage of this offer, click here or call 800-537-2372.

OSHA is Focusing on Trench Safety

OSHA has announced that one of its priority goals for 2018 is to reduce trenching and excavation accidents. In 2011, OSHA said that two workers a month were killed in trench collapses, and the picture has not improved. According to the Bureau of Labor Statistics, excavation- and trench-related fatalities in 2016 were nearly double the average of the previous 5 years. OSHA’s general goal is to increase awareness of trenching hazards in construction, educate employers and workers on safe cave-in prevention solutions, and decrease the number of trench collapses.

In attempting to explain the upswing in fatalities, one construction professional points to “ignorance to safety rules, lack of supervision, pressures of time and money, and sometimes, outright laziness.” To that list, some employee safety groups add insufficient inspection and enforcement by federal and state safety agencies.

OSHA defines an “excavation” as any man-made cut, cavity, trench, or depression in the earth's surface formed by earth removal. A “trench” is defined as a narrow underground excavation that is deeper than it is wide and no wider than 15 feet. Working in either trenches or excavations carries risks, but because the space provided is more confined and trench walls are generally steeper, the hazards are higher in trenches. Cave-ins or collapses are the single greatest hazard; 1 cubic yard of soil may not sound like a lot, but it can weigh as much as 3,000 lb. Other risks include falls, falling loads, hazardous atmospheres, and encounters with mobile equipment.

“An unprotected trench is an early grave,” says OSHA. “Do not enter an unprotected trench.”


Read more on Stronger OSHA and Increased Penalties Proposed.

Update on Aerosol Cans - Universal Waste Rule

EPA's plan to list aerosol cans as universal waste was announced in last week's Environmental Tip of the Week.  In this week's tip, we include the details of the proposal, which was published in the March 16, 2018 Federal Register.  The proposed rule would add aerosol cans to the existing universal waste requirements currently applicable to small quantity handlers of universal waste (SQHUWs) and large quantity handlers of universal waste (LQHUWs) would also be applicable to handlers of discarded aerosol cans. For both SQHUWs and LQHUWs, the rules for labeling and marking, accumulation time limits, employee training, response to releases, requirements related to off-site shipments, and export requirements would be similar to the rules other universal wastes.

For the labeling requirement, EPA has proposed that either each aerosol can, or container in which the aerosol cans are contained, be labeled or marked clearly with any of the following: "Universal Waste--Aerosol Can(s),"  "Waste Aerosol Can(s),'' or "Used Aerosol Can(s)."  In addition, universal waste aerosol cans would be required to be managed in a manner designed to prevent releases to the environment. This includes accumulating universal waste aerosol cans in containers that are structurally sound and compatible with the contents of the can, and show no evidence of leaks, spills, or damage that could cause leaks under reasonably foreseeable conditions. EPA will allow aerosol cans to be sorted by type and consolidated while intact into larger containers. It will be ok to remove actuators to reduce the risk of accidental release, and under certain conditions, puncturing and draining of aerosol cans that are being recycled will be allowed if performed as part of the recycling process (e.g., scrap metal recycling).

The proposal would require generators that puncture their cans to establish a written procedure detailing how to safely puncture and drain universal waste aerosol can (including operation and maintenance of the unit; segregation of incompatible wastes; and proper waste management practices to prevent fires or releases), and ensure employees operating the device are trained in the proper procedures. At minimum, EPA has proposed that the written procedure address the operation and maintenance of the unit including its proper assembly; segregation of incompatible wastes; and proper waste management practices, (e.g., ensuring that flammable wastes are stored away from heat or open flames).  In addition, EPA has proposed that the contents from the cans be immediately transferred from the waste aerosol can, or puncturing device if applicable, to a container or tank and that the contents are subject to a hazardous waste determination under 40 CFR 262.11. The handler would then become the hazardous waste generator of the hazardous aerosol can contents and would be required to manage those waste in accordance with applicable RCRA regulations.

The proposed rule would also require that a written procedure be in place in the event of a spill or release and a spill clean-up kit should be provided. All spills or leaks of the contents of the aerosol cans should be cleaned up promptly. The proposal notes that all puncturing, waste collection, and disposal, must be conducted in compliance with all applicable federal, state and local waste (solid and hazardous waste) and occupational safety and health laws and regulations.

In addition, EPA requested comment on establishing further limitations on puncturing and draining of aerosol cans, similar to limitations that have been established by state waste management programs either through regulations or guidance. Many states have issued guidelines for puncturing and draining aerosol cans under their hazardous waste program. Some state guidelines recommend against the generator puncturing and draining certain types of aerosol cans due to the possible incompatibility with the puncturing and draining equipment or the contents of other cans being drained, or due to the hazardous nature of the contents. Examples include cans containing ethers including ethyl ether, chlorinated compounds, pesticides, herbicides, freons, foamers, corrosive cleaners, and unknowns.  EPA also requested comment on establishing additional regulatory requirements for can draining devices and limits on aerosol cans that may pose compatibility problems and that may be punctured and drained under the proposed rules.

Jacksonville Hazardous Waste and DOT Hazardous Materials Training

Register for Hazardous Waste Management and DOT Hazardous Materials Training: The Complete Course in Jacksonville, FL, on March 27-29 and save $100 or receive an Amazon Fire HD 10 tablet with electronic versions of both handbooks. To take advantage of this offer, click here or call 800-537-2372.

New Orleans Hazardous Waste and DOT Hazardous Materials Training 

Register for Hazardous Waste Management and DOT Hazardous Materials Training: The Complete Course in New Orleans, LA, on April 3-5 and save $100 or receive an Amazon Fire HD 10 tablet with electronic versions of both handbooks. To take advantage of this offer, click here or call 800-537-2372.

San Diego Hazardous Waste and DOT Hazardous Materials Training 

Register for California Hazardous Waste Management and DOT Hazardous Materials Training: The Complete Course in San Diego, CA, on April 10-12 and save $100 or receive an Amazon Fire HD 10 tablet with electronic versions of both handbooks. To take advantage of this offer, click here or call 800-537-2372.

Read more of  Update on Aerosol Cans - Universal Waste Rule.

Who Needs DOT Training?

Do you have a job function like classifying, packaging or labeling hazardous materilas for transportation? Find out what employees can effect the safety of your hazardous materials shipments and who needs DOT training. https://www.ercweb.com/course/dot-hazardous-materials-online-training

Million Dollar Penalty for Machine Guarding Violations at Auto Parts Manufacturer

OSHA announced that auto parts manufacturer Sunfield Inc. has agreed to a settlement that includes a $1 million penalty, and will hire a safety and health coordinator to resolve safety and health violations found at the company’s Hebron plant.

OSHA inspected the facility in January and February 2016 after two employees suffered severe injuries when they came in contact with moving machine parts. The inspection also found that the company lacked adequate power press guarding, and hazardous energy control procedures that could have prevented the incidents.

“Employers have an obligation under the law to ensure safe and healthy workplaces,” said OSHA’s Chicago-area Regional Administrator Ken Nishiyama Atha. “In addition to paying a $1 million penalty, this company has committed to invest in the safety and health of its employees and work cooperatively with OSHA.”

As part of he settlement, Sunfield also agreed to revise die-change procedures, develop a program for ensuring installed light curtains and interlocks are functioning properly prior to each shift, work with third-party auditors to complete a safety and health audit of its facility, and meet quarterly with OSHA staff to assure implementation of this agreement.

Jacksonville Hazardous Waste and DOT Hazardous Materials Training

Register for Hazardous Waste Management and DOT Hazardous Materials Training: The Complete Course in Jacksonville, FL, on March 27-29 and save $100 or receive an Amazon Fire HD 10 tablet with electronic versions of both handbooks. To take advantage of this offer, click here or call 800-537-2372.

New Orleans Hazardous Waste and DOT Hazardous Materials Training 

Register for Hazardous Waste Management and DOT Hazardous Materials Training: The Complete Course in New Orleans, LA, on April 3-5 and save $100 or receive an Amazon Fire HD 10 tablet with electronic versions of both handbooks. To take advantage of this offer, click here or call 800-537-2372.

San Diego Hazardous Waste and DOT Hazardous Materials Training 

Register for California Hazardous Waste Management and DOT Hazardous Materials Training: The Complete Course in San Diego, CA, on April 10-12 and save $100 or receive an Amazon Fire HD 10 tablet with electronic versions of both handbooks. To take advantage of this offer, click here or call 800-537-2372.

Bill Introduced to Prevent Workplace Violence in Healthcare

Rep. Ro Khanna (D-CA), together with 12 other House Democrats, introduced legislation intended to curb workplace violence in health care facilities.

The Health Care Workplace Violence Prevention Act, introduced March 8, would require OSHA to create a standard that would direct health care facilities to develop and implement facility- and unit-specific workplace violence prevention plans.

According to the Bureau of Labor Statistics' Census of Fatal Occupational Injuries, at least 58 hospital workers died as a result of workplace violence between 2011 and 2016. In 2016, the Government Accountability Office found that health care workers at inpatient facilities were five to 12 times more likely to encounter nonfatal workplace violence than all other workers.

The legislation follows regulation enacted in 2014 in California, which went into effect in 2017, directing Cal/OSHA to craft a workplace violence prevention standard. The law requires all covered health care employers in California to develop and issue – by April 1 – plans to prevent workplace violence and ensure the safety of patients and workers.

The bill introduced by Khanna is similar: Workplaces would create and implement comprehensive violence prevention plans with input from doctors, nurses and custodial workers. The bill stresses prevention, training and worker participation. It defines workplace violence broadly to include not only physical acts of violence, but threats of violence. It emphasizes staffing as a crucial ingredient in preventing violence from occurring and responding quickly when it does.

“Health care workers, doctors and nurses are continuously at risk of workplace violence incidents – strangling, punching, kicking and other physical attacks – that can cause severe injury or death,” Khanna said in a March 8 press release. “This is simply unacceptable. The Health Care Workplace Violence Prevention Act puts a comprehensive plan in place and is a national solution to this widespread problem modeled after the success seen in California.”

National Nurses United, the nation's largest union of registered nurses, applauded the bill. “Right now, health care facilities are not doing enough to prevent these violent incidents,” NNU Co-President Deborah Burger said in a press release. “Under the proposed federal standard, hospitals would need to assess and correct for environmental risk factors, patient specific risk factors, staffing and security system sufficiency. There are a number of interventions that can reduce violence in the hospital.

“For example, affixing furniture and lighting so they can't be used as weapons, maintaining clear lines of sight between workers while they are caring for patients, and providing easy access to panic buttons or phones to call for help. It is imperative that nurses, doctors, and other health care workers, along with security staff and custodial personnel, are all involved in the development and implementation of these plans.”

REACH Deadline Approaching for EU-Wide Registration of Chemicals

The European Union’s REACH Regulation requires companies that manufacture or import chemical substances into the EU to register them with the European Chemicals Agency (ECHA). If your company manufactures or imports chemicals, have a look at the seven steps to take for a successful REACH registration. The last registration deadline is 31 May 2018.

If your company uses chemicals in the EU, check the search for chemicals to make sure your critical substances have been registered or are intended to be, and that the registration covers your uses.

The post Million Dollar Penalty for Machine Guarding Violations at Auto Parts Manufacturer appeared first on Environmental Resource Center.

Construction Caught-in Accidents Increase

Caught-in or caught-between incidents resulted in 275 construction worker deaths from 2011 to 2015 — the most of any major industry — according to a recent report from the Center for Construction Research and Training (also known as CPWR).

About 69% of the deaths were attributed to “being caught or crushed in collapsing materials,” a 50% increase over the five-year period, the report states.

Other findings:

• In 2015, 68 construction workers died from a caught-in or between incidents. That is a 33% increase from 2011, when 51 workers were killed.
• Ironworkers experienced the highest rate of caught-in or between fatalities.
• Older construction workers experienced an elevated fatality risk.
• Among other major industries, manufacturing (244 deaths) and agriculture (197) experienced the next highest totals of caught-in or between fatalities from 2011 to 2015.

“Caught-in or between injuries and deaths are preventable,” the report states, pointing to training, engineering controls, safety protocols, and personal protective equipment as possible solutions.

Caught-in or between incidents are among OSHA’s “Construction Focus Four” hazards, which also include electrocution, falls and struck-by incidents.

Charleston Hazardous Waste and DOT Hazardous Materials Training

Register for Hazardous Waste Management and DOT Hazardous Materials Training: The Complete Course in Charleston, SC, on March 19–21 and save $100 or receive an Amazon Fire HD 10 tablet with electronic versions of both handbooks. To take advantage of this offer, click here or call 800–537–2372.

Jacksonville Hazardous Waste and DOT Hazardous Materials Training

Register for Hazardous Waste Management and DOT Hazardous Materials Training: The Complete Course in Jacksonville, FL, on March 27–29 and save $100 or receive an Amazon Fire HD 10 tablet with electronic versions of both handbooks. To take advantage of this offer, click here or call 800–537–2372.

New Orleans Hazardous Waste and DOT Hazardous Materials Training

Register for Hazardous Waste Management and DOT Hazardous Materials Training: The Complete Course in New Orleans, LA, on April 3–5 and save $100 or receive an Amazon Fire HD 10 tablet with electronic versions of both handbooks. To take advantage of this offer, click here or call 800–537–2372.

$40,096 OSHA Fine for Employee Death

OSHA has cited L.I. Aluminum Design Inc., a Naples-based patio and pool enclosure manufacturer and installer, for failing to protect employees from fall hazards. Proposed penalties total $40,096.

OSHA investigated the company after an employee installing patio screen enclosures suffered a fatal fall. L.I. Aluminum was issued four serious citationsfor failing to provide fall protection to employees working at heights of 10 feet or more; exposing employees to falls; and failing to train employees on fall hazards and the proper use of ladders.

“This tragedy could have been avoided if the employer had ensured that workers were adequately trained and wearing appropriate fall safety equipment,” said Condell Eastmond, OSHA Office Director for the Fort Lauderdale Area. “Falls are preventable if required safety measures are implemented.”

Free, Confidential Black Lung Screenings to Coal Miners

Beginning in March 2018, the National Institute for Occupational Safety and Health (NIOSH) will offer a series of free, confidential health screenings to coal miners as part of the Coal Workers’ Health Surveillance Program (CWHSP). The screenings are intended to provide early detection of coal workers’ pneumoconiosis (CWP), also known as black lung, a serious but preventable occupational lung disease in coal miners caused by breathing respirable coal mine dust.

The health screenings are provided through the state-of-the-art NIOSH mobile testing units at convenient community and mine locations. This year’s first week of surveys will begin March 19 — March 23 in coal mining regions throughout Western Kentucky. The following week, March 26–30, screenings are offered throughout Mingo, Logan, and Wayne Counties in West Virginia. Additional survey locations include coal mining regions throughout the rest of West Virginia, Pennsylvania, Ohio, and Maryland. Twelve weeks of surveys are planned this year.

“If black lung is caught early, steps can be taken to help prevent it from progressing to the most serious forms of the disease,” said NIOSH Director John Howard, M.D. “The NIOSH surveillance program provides both underground and surface miners with confidential screenings that can enable and motivate action towards reducing their exposure to coal dust.”

Screenings provided by NIOSH will include a work history questionnaire, a chest radiograph, a respiratory assessment questionnaire, spirometry testing, and blood pressure screening. The screenings typically take about 30 minutes and each individual miner is provided with their results. By law, each person’s results are confidential. No individual information is publicly disclosed.

Participation in this program gives the coal miner:

• An easy way of checking on their health;
• A confidential report regarding whether or not they have radiographic evidence of CWP;
• A confidential report about their lung function.

Miners can look for survey announcements on the program’s website, Facebook and @NIOSHBreathe twitter. Local and individual outreach will be done in all specific locations. All coal miners — current, former, underground, surface, and those under contract — are welcome to participate.

NIOSH encourages miners and their families to go to the CWHSP website to get additional information about the program. People may also call toll free 888–480–4042 with questions.

Read more on Environmental Resource Center .

When You Must Provide Shipping Papers with Return Cargo Tanks [49 CFR 171.8]

Packages that contain residues of hazardous materials are regulated for transportation in substantially the same way as if they are full. When you receive a delivery of a hazardous material transported in a cargo tank-defined at 49 CFR 171.8 as a bulk packaging intended to carry liquids or gases that is permanently attached to or forms a part of a motor vehicle-you must determine if you are required to provide a shipping paper for the cargo tank when it leaves your facility.

Packages that contain residues of hazardous materials are regulated for transportation in substantially the same way as if they are full. When you receive a delivery of a hazardous material transported in a cargo tank-defined at 49 CFR 171.8 as a bulk packaging intended to carry liquids or gases that is permanently attached to or forms a part of a motor vehicle-you must determine if you are required to provide a shipping paper for the cargo tank when it leaves your facility.

To determine if the cargo tank return shipment must be accompanied by a shipping paper, you must first determine if you are the offeror of the residue. An offeror (or shipper) is defined at 49 CFR 171.8 as any person performing pre-transportation functions. Pre-transportation functions are discussed at 49 CFR 171.1(b) as including, but not being limited to:

* Classifying materials as regulated

* Selecting or packing containers for shipment

* Marking or labeling containers for shipment

* Filling out shipping papers and/or hazardous waste manifests

If a cargo tank of hazardous materials is unloaded at your facility-and the carrier remains present and leaves immediately after unloading-the cargo tank remains in transportation. In this scenario, you are a receiving facility that has not performed any pre-transportation functions-and you are not the offeror of the residue shipment. In this scenario, the original shipping paper is sufficient for the return cargo tank shipment because the carrier remained present, the cargo tank remained attached to the vehicle, and the cargo tank is considered to be in transportation and is covered by the active shipping paper throughout the process. In this scenario, it would be prudent for you to ensure that the carrier retains a copy of the original shipping paper when they leave your site.

If a cargo tank is delivered to your facility, it is unloaded without the driver present, and it is then offered at a later time as a residue shipment-it has left transportation. In this scenario, you are the offeror of the hazardous material residue in the cargo tank and you must provide a shipping paper with the return shipment.

There is an exception, however, for the Shipper’s Certification statement on the shipping paper. 49 CFR 172.204(b) states that there is no certification statement required (except for hazardous wastes) for a cargo tank that was supplied by the carrier.

Learn more about how to ship hazardous materials properly and meet your mandatory training requirements by attending Environmental Resource Center’s DOT Hazardous Materials Training : The Complete Course seminar, DOT Hazardous Materials Training: The Complete Course - Webcast, or DOT Hazardous Materials Update - Webcast.

Highest Rated DOT Hazmat Training

Training is required for all employees who the DOT classifies as Hazmat Employees. Anyone responsible for the safe transportation of hazardous materials, such as those who are involved in packaging, labeling, loading, unloading, completing shipping papers, or providing emergency information must be trained. Environmental Resource Center training is available on-site, and at conveniently located seminars, instructor-led webcasts, or self-paced online training.

Upcoming Seminars

Houston - Texas Hazardous Waste Management and DOT Training

March 6-8

Indianapolis - Hazardous Waste, DOT, and IATA Training

March 13-14

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March 19-22

Raleigh - HAZWOPER 24-Hour Workshop

March 26-28

Jacksonville - Hazardous Waste and DOT Training

March 27-29

New Orleans - Hazardous Waste and DOT Training

April 3-5

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April 10-12

Philadelphia - Hazardous Waste and DOT Training

April 10-12

Special offers for Reg of the Day� readers: Register for any of the classes listed above and you can take advantage of offers 1 and 2 or 1 and 3.

Register two attendees at full price and each additional person attends the same class for half price.

Save $100 off your registration when you register for both Hazardous Waste and DOT training in the same city.

Register for both Hazardous Waste and DOT training in the same city and get an Amazon Fire HD 10 tablet with electronic versions of both handbooks. The Amazon Fire offer is only available by phone. Call 800-537-2372 and mention the Amazon Fire offer. Only one tablet per student per 12-month period. Students receiving tablets will not receive paper versions of our handbooks. Payment must be made prior to the date of the seminar. You will receive your tablet at the class. This offer can be combined with offer #1, but cannot be combined with offer #2 above, or any discounts, promotions, or refunds.

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