OSHA Safety Standards

U.S. Labor Department’s OSHA proposes more than $255,000 in fines against New Hampshire firearms manufacturer for 60 safety and health hazards

On June 11th 2009 OSHA proposed a $255,000 in fines against a New Hampshire firearms company.
Sturm Ruger & Co. Inc. is one of the nation’s leading manufacturer of high-quality firearms for recreation and law enforcement, and a major producer of precision steel investment castings. OSHA conducted their inspections between November 2008 and May 2009.

According to Rosemarie Ohar, OSHA’s area director in New Hampshire, “Our inspections identified a large number of mechanical, respirator protection, electrical, lead, fire, explosive and other hazards that must be effectively and continuously addressed to protect the workers at this plant from potentially deadly or disabling injuries and illnesses now and in the future,”

OSHA found that the company failed to guard rotating parts on drill presses, sanding and polishing machines despite its knowledge that employees were exposed to severe or fatal injuries if they came in contact with the rotating parts. As a result, OSHA has issued the company one willful citation with $63,000 in proposed fines. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.

Additional safety hazards include the lack of spark detectors or suppression systems to minimize fire and explosion hazards in ventilation systems that collect combustible wood and metal dust; allowing combustible dust to accumulate; unguarded floors and platforms; lack of eyewashes and adequate personal protective equipment; inadequate procedures, equipment and training to lock out machines’ power sources; improper storage of compressed gas cylinders; damaged, improperly used or ungrounded electrical equipment; additional unguarded machinery; and deficiencies with paint spray booths, confined space rescue, compressed air, forklifts and the transfer of flammable liquids.

The health inspection identified employees exposed to excess levels of lead dust; inadequate lead monitoring, training, hygiene, cleaning and disposal methods; inappropriate selection of respirators for lead; improper respirator fit-testing and use; no medical evaluations for employees using respirators; no refitting and retraining for employees who experienced a hearing threshold shift; and unlabeled containers of hazardous chemicals.

These conditions resulted in the issuance of 55 serious citations with $188,550 in fines. OSHA issues serious citations when death or serious physical harm is likely to result from hazards about which the employer knew or should have known.

The company also has been fined $3,600 and issued four other-than-serious citations for inadequate recordkeeping.
Sturm Ruger has 15 business days from receipt of the citations and proposed penalties to comply, request an informal conference with the area director or contest them before the independent Occupational Safety and Health Review Commission. The inspection was conducted by OSHA’s Concord Area Office;

We have talked in the past about the fact that OSHA will, most likely, be increasing their inspections and their enforcement.  This is an example of what that may mean in the “real world”.

It is time to get your house in order.

James Norton is the President of the JHN Group, he can be contacted regarding Machine Safety Consulting at jamesnorton@jhngroup.com

Free training is available but you must sign up by June 7th

Anytime you can get something for free you should take advantage of it and now is your chance to get safety training or free, training that may save your life or the life of an employee or a loved one.

June is National Safety Month and in “Recognizing National CPR and AED Awareness Week, the National Safety Council is offering you and your family free online CPR and AED training. You must register for the training between June 1 and June 7 and you will have 45 days to complete the training. The opportunity is an easy and convenient way for you to learn or renew critical skills that could make the difference between life and death for family member, colleague or any individual experiencing cardiac arrest.” to sign up for the training go to: http://www.nscfirstaid.com/nationalCPRweek.

“NSC is also offering the “Alive at 25 Parent Program” which is an engaging, science-based course that educates parents about the risks teen drivers face. Through this two-hour online program, parents will learn how to reinforce basic driving skills and good decision-making that can help teens become safe and responsible drivers.  Free registration is available through June 7 by visiting www.parentprogram25.com/NSM.”

Do not wait sign up for these courses now!

For more information on all the opportunities available for National Safety Month visit
http://www.nsc.org/nsm

James Norton is the President of the JHN Group, he can be contacted regarding Machine Safety Consulting at jamesnorton@jhngroup.com

About ten days ago I was at the Department of Labor in Washington for the kick off of NAOSH Week.

As part of that meeting we received a brief talk from Jordan Barab, Acting Assistant Secretary for
Occupational Safety and Health. In his talk Mr. Barab made it clear that OSHA would be changing its focus on enforcement, and that companies who were on this year’s list of Workplaces with High Injury and Illness Rates (the “so called” OSHA Hit List)can expect a much more aggressive response from OSHA than they have in the past.

While at the kick off meeting I also received an update on the OSHA Inspection Data for OCT to MAR for the Federal Fiscal Year 2009. As of the end of March 2009 (about ½ way thru the FY 09) OSHA has conducted 17,381 inspection which puts it on target for about the same as last year which was 38,450. The unprogrammed portion of those (That would be inspections triggered by accidents or by employee complaints) were about 38% of those inspections. As a result of all of the inspections OSHA has issued, as of March 42,820 citations for violations. Of which only 7% have been contested. The average penalty for the serious violations in this time frame was $1,030.

The most cited standards so far for FY 2009 have been:
1. Scaffolding
2. Hazard Communication
3. Fall Protection
4. Respiratory Protection
5. Lockout/Tagout
6. Electrical, General Requirements
7. Powered Industrial Trucks (Forklifts)
8. Ladders
9. Electrical, wiring methods
10. Machine Guarding

For those reading this blog I would pay close attention to number 9. Know the rules that apply to your company, follow those rules, and make sure that your employees follow them also.

Remember forewarned is forearmed.

James Norton is the President of the JHN Group, he can be contacted regarding Machine Safety Consulting at jamesnorton@jhngroup.com

Are you or your employees concerned or even overly concerned about the Swine Flu Virus?  If so here are a few resources you can use to get the most accurate information:

WHO (the World Health Organization) “WHO is coordinating the global response to human cases of swine influenza A (H1N1) and monitoring the corresponding threat of an influenza pandemic. Information on this page tracks the evolving situation and provides access to both technical guidelines and information useful for the general public.”

CDC  (Centers for Disease Control and Prevention) “CDC has implemented its emergency response. The agency’s goals are to reduce transmission and illness severity, and provide information to help health care providers, public health officials and the public address the challenges posed by the new virus.”

According to the CDC the latest status in the U.S. as of 11:00 AM EST is:

Arizona: 1 Confirmed Case
California: 14 Confirmed Cases
Indiana: 1 Confirmed Case
Kansas: 2 Confirmed Cases
Massachusetts: 2 Confirmed Cases
Michigan: 2 Confirmed Cases
Nevada: 1 Confirmed Case
New York City: 51 Confirmed Cases
Ohio: 1 Confirmed Case
Texas: 16 Confirmed Cases, 1 Death

Should I use facemasks or respirators?

According to the CDC:
“When crowded settings or close contact with others cannot be avoided, the use of facemasks or respirators in areas where transmission of swine influenza A (H1N1) virus has been confirmed should be considered as follows:
1.    Whenever possible, rather than relying on the use of facemasks or respirators, close contact with people who might be ill and being in crowded settings should be avoided.

2.    Facemasks should be considered for use by individuals who enter crowded settings, both to protect their nose and mouth from other people’s coughs and to reduce the wearers’ likelihood of coughing on others; the time spent in crowded settings should be as short as possible.

3.    Respirators should be considered for use by individuals for whom close contact with an infectious person is unavoidable. This can include selected individuals who must care for a sick person (e.g., family member with a respiratory infection) at home.
These interim recommendations will be revised as new information about the use of facemasks and respirators in the current setting becomes available.
What is the one single thing you can do to protect yourself,  your family, or your employees from the flu?

Simple “WashYour Hands” follow this guide line from the Massachusetts Department of Public Health:
Perhaps the simplest and most effective way is to wash your hands often– with soap and warm water. Rub your hands vigorously together and scrub all surfaces. Wash for at least 20 seconds. (Tip: have your children sing the “Happy Birthday” song twice while washing.) It is the soap combined with the scrubbing action that helps dislodge and remove germs. Use regular soap. Antibacterial soap is not necessary. These soaps may contribute to the growing problem of antibiotic resistance.
When soap and water are not available, use alcohol-based disposable hand wipes or gel sanitizers. You can find them in most supermarkets and drugstores. If using a gel, rub the gel in your hands until they are dry. The gel doesn’t need water to work; the alcohol in the gel kills germs that cause colds and the flu. However, alcohol-based disposable hand wipes or gel sanitizers do not remove dirt.

Avoid touching your eyes, nose or mouth. Germs are often spread when people touch something that is contaminated with germs and then touch their eyes, nose or mouth. Germs can live for a long time (some can live for 2 hours or more) on surfaces like doorknobs, desks and tables.

Cover your mouth and nose when coughing or sneezing. Viruses that infect the nose, throat and lungs cause illnesses like the flu (influenza). The flu usually spreads from person to person when an infected person coughs or sneezes and the droplets from the cough or sneeze move through the air and are deposited on the mouth or nose of people nearby. So, always cough or sneeze into a tissue and then throw it away. Cover your cough or sneeze if you do not have a tissue. Then, wash your hands, and do so every time you cough or sneeze.

If you feel ill, stay home from work and keep sick kids home from school or daycare. And keep in mind; most people with flu will recover just fine.

Finally if you are an employer encourage your employees to “stay home if they are sick” it is better to be short one employee that to have all of them and all of your customers get sick.
Stay healthy, use common sense and don’t panic.

James Norton is the President of the JHN Group, he can be contacted regarding Machine Safety Consulting at jamesnorton@jhngroup.com

On Wednesday afternoon April 8th U.S. Labor Secretary Hilda Solis announced that Jordan Barab, will become the acting head of the federal Occupational Safety and Health Administration OSHA. Barab will also become the deputy assistant secretary for OSHA.  Barab will lead the agency until a permanent director is chosen and then will become OSHA’s deputy assistant secretary on a permanent basis.

Barab’s appointment signals that the agency is moving in the direction of stricter enforcement of workplace safety laws.

Jordan Barab is currently the Senior Labor Policy Advisor at U.S. House of Representatives.  Previously he was Recommendations Manager at U.S.Chemical Safety and Hazard Investigation Board, Health and Safety Specialist at AFL CIO , Special Assistant to the Assistant Secretary at Occupational Safety and Health Administration, and Asst Director of Research for Health & Safety at AFSCME

His education includes The Johns Hopkins University - Paul H. Nitze School of Advanced International Studies (SAIS), and Claremont McKenna College.

Jordan Barab had a Blog which he stopped writing in May of 2007, in that he spelled out “who I am and why I am here”.  The under “Why I am Here Section” gives you an insight to his philosophy on safety in his own words:

“Working people need more workplace health and safety resources; not just fact sheets and health and safety manuals and Material Safety Data Sheets. All that is important, but they also need opinion and commentary on the politics of workplace health and safety.
Everything in this country is political — with a capital “P” or a small “p.” We all know about workplace politics. It’s often not lack of information or guidelines that’s keeping your employer from making the workplace safe. It’s money, or control issues, or willful negligence. And in Washington D.C. or your state capitals, it’s Politics with a capital “P.” The Republicans and a good number of Democrats find more to fear (or more $ to gain) from the business lobbyists than from workers or unions. And then they lie about it. We can’t have workplace protections because they cost too much, or there’s not enough science, or they’re “one size fits all” or the best government is the least government, or, or, or, or….

There are millions of people out there who go to work every day fearing that they won’t come home alive or healthy at the end of the day; or that they won’t live long enough to enjoy their retirement. Some are in unions, most aren’t. They all need to know that there are technical resources out there. And they all need to know that politics matters, voting matters — in national and local elections. It matters in big ways and small way, but it also matters in how safe their workplaces are going to be. It matters whether their children are going to grow up with unhealthy injured parents, or no parents at all. People need to understand that everything is connected. Tax cuts, growing deficits, appropriations, executive orders, regulatory “reform” — it all affects our safety every day.

And much of the most grievous harm is done in the most invisible ways. After 10 years of struggle, OSHA finally issued an ergonomics standard in November 2000. The Republican-controlled Congress, with virtually no debate, repealed those protections in March 2001. They used a little-known, and never-before-used law called the Congressional Review Act, a piece of legislation, tacked onto a larger bill way back in the early Gingrich years, a bomb lying dormant and unnoticed until it was activated when Bush Administration was selected. No one knew until it was too late — and millions of American workers now pay the price every year in painful disability.

So, to make a long story short, I have a grandiose notion that this Weblog might make a difference. Might make a few more people aware that something evil this way comes. It’s here. And we need to recognize it, talk about it and do something about it.”

We wish Mr. Barab the best in his new role and hope that the American workplace will be a safer place, while it continues to be productive and competitive, as a result of his service.

James Norton is the President of the JHN Group, he can be contacted regarding Machine Safety Consulting at jamesnorton@jhngroup.com

I recently had a discussion with some friends of mine, who work in the electrical industry, they were complaining that some of the regulations from OSHA make it difficult to work in an efficient and yet safe manner.  One in particular that they complained about was the requirement in 29 CFR 1926.405 (d) that access to live electrical parts be limited to qualified persons.  They said that this section meant that when wiring in a new electrical panel or adding to an existing panel every time they walked away from the panel they had to replace the covers and all the screws. This procedure could add hours to a job lasting a day or even more time to a job running over a few days.

This I told them was easy to fix. In September of 2007 OSHA issued an interpretation letter (see the National Federation of Independent Business (NFIB)) that stated that a temporary panel cover “If used in accordance with the manufacturer recommended procedures for use, use of this product would not violate the limited accessibility provision in 1926.405(d). That provision states:

Switchboards that have any exposed live parts shall be located in permanently dry locations and accessible only to qualified persons. Panelboards shall be mounted in cabinets, cutout boxes, or enclosures designed for the purpose and shall be dead front. However, panelboards other than the dead front externally-operable type are permitted where accessible only to qualified persons. Exposed blades of knife switches shall be dead when open.
(Emphasis added).

The applicable part of the manufacturer recommended procedures states:

2) TempCovers are intended to be used only for a period of a work shift or consecutive multiple work shifts that are manned by a qualified and/or licensed persons.

3) Qualified person and/or persons shall be properly trained as per all applicable OSHA Standards and NFPA 70E.

4) The use of proper PPE (Personal Protective Equipment) and the additional use of a barrier is the responsibility of the user/user’s employer. Refer to applicable OSHA Standards and NFPA 70E.
(Emphasis added).

The combination of the three instructions/procedures listed above, which includes an instruction to use a barrier in conjunction with the panel, is designed to ensure that the live electrical parts are “accessible only to qualified persons.” If a TempCover is used in accordance with these instruction/procedures, the requirement in 29 CFR 1926.405(d) regarding accessibility would be met.”

Looking just at the OSHA sections is not always enough you need to find out “what is OSHA’s interpretation” of that section.

James Norton is the President of the JHN Group, he can be contacted regarding Machine Safety Consulting at jamesnorton@jhngroup.com

The President yesterday announced “Help for small business”.  The President stated “”This is America’s story — a place where we believe all things are possible; where we are limited only by our willingness to take a chance and work hard to achieve our dreams.”  The President emphasized what has already been done through the Recovery Act: raising the guarantees on SBA loans to 90 percent, eliminating costly fees for borrowers and lenders, and a series of tax cuts for small businesses and tax incentives to encourage investments in small businesses. He noted further that in his budget, he proposes permanently reducing to zero the capital gains tax for investments in small or startup businesses, as well as instituting tax credits for health care as part of his broader health reform effort.

Did you know that there is, under the Department of Labor, the “Office of Small Business Programs”  The Office of Small Business Programs (OSBP) administers the Department of Labor’s responsibility to ensure procurement opportunities for small businesses, small disadvantaged businesses, women-owned small businesses, HUBZone businesses, and businesses owned by service-disabled veterans.

As just part of the service provided by OSBP, you can download posters required by some of the statutes and regulations enforced by agencies within the Department of Labor. These include OSHA required posters such as Job Safety and Health.

There are many other resources available to you at OSBP, you may want to take some time and explore this site.

Remember parts of your tax dollars go to supporting programs that are designed to help you. If you want a true return on your tax dollar investment you should use all that you can from these programs.

James Norton is the President of the JHN Group, he can be contacted regarding Machine Safety Consulting at jamesnorton@jhngroup.com

Have you ever wondered what would happen to you if OSHA walked in and did an inspection, and then after that inspection they told you to do some things, and you did not do them?  If so you might be interested in this News Release from OSHA:

Region 4 News Release: 09-192-ATL (056)
March 9, 2009
Contact: Michael Wald
Phone: 404-562-2078

U.S. Department of Labor’s OSHA proposes more than $293,000 in penalties against Phenix Lumber Co. for safety and health violations
Company’s failure to correct previous violations alone result in more than $202,500 in fines

MOBILE, Ala. – The U.S. Department of Labor’s Occupational Safety and Health Administration is proposing $293,700 in penalties for 36 safety and health violations found at Phenix Lumber Co. in Phenix City, Ala.

The total proposed penalties include $202,500 for four safety citations and one health citation resulting from the company’s failure to correct violations identified during a previous OSHA inspection. Those citations include the company’s failure to obtain audiograms for employees exposed to noise hazards, not implementing specific lockout/tagout procedures to prevent accidental start-up of machinery and three instances where machine guards had not been installed in a timely manner.

In addition, OSHA is proposing $23,100 in penalties for one repeat and seven serious health violations; and $68,100 for 17 serious, five repeat and one other-than-serious safety violations. The health violations relate to poor housekeeping of combustible dust, lack of safety signs, lack of safety equipment, and using incorrect electrical and forklift equipment. The safety violations include unguarded machinery and pit openings, not utilizing lockout/tagout procedures, dangers to employees from unstable piles of lumber, lack of signage and improper use of electrical equipment.

“These financial penalties are the direct result of the company’s failure to correct violations found in 2007,” said Kurt Petermeyer, OSHA’s area director in Mobile. “Even when OSHA staff pointed out problems during previous inspections and management agreed to correct them, the company did not follow through on its obligations.”

The company has 15 business days from receipt of the citations to comply, request an informal conference with OSHA’s area director in Mobile or contest the proposed citations and penalties before the independent Occupational Safety and Health Review Commission. The sites were inspected by staff from OSHA’s Mobile Area Office, 1141 Montlimar Drive, Suite 1006; telephone 251-441-6131.

Not doing things right the first time is wrong, not doing things right in second time is stupid,  unless you have an extra $293,000.00 you do not care about.

James Norton is the President of the JHN Group, he can be contacted regarding Machine Safety Consulting at jamesnorton@jhngroup.com

Studies done by the Independent Electrical Contractors Association (IEC)  have shown that 30% of workmen’s compensation claims between 1999 and 2002 were for ergonomic related injuries.  These injuries added up to over $10 million in claims in four years.

Electrical employees are exposed to ergonomic hazards throughout their workplace, whether it is carrying heavy equipment or supplies or working at odd angles in order to reach out of the way locations.

One area in particular that exposes these employees to ergonomic hazards is “pulling wire”.   Running or pulling wire at a jobsite usually involves pulling it thru chase or conduit that is under the floor or overhead forcing the employee to work at an awkward angle while performing a repetitive motion.

Some methods to reduce this exposure, according to the OSHA E-Tools, may include:

• Use a mechanical wire puller.
• Appropriately positioned portable pulleys
• Use spool rollers
• Install inspection boxes at appropriate intervals
• Take regular breaks from manual pulling
• Rotate employees between pulling and feeding
• Lubricate wire as it enters chases
• Provide employees with platforms, scaffolds, or lifts

These are just a few suggestions for a lot more information on this topic go to Solutions for Electrical Contractors, an OSHA E-Tool.

Remember safe work practices help your employees stay health, and they save you money.  Just ask your insurance agent.

James Norton is the President of the JHN Group, he can be contacted regarding Machine Safety Consulting at jamesnorton@jhngroup.com

We finally have a new Secretary of Labor. The Senate today voted 80-17 to confirm California congresswoman Hilda Solis at labor, two months after President Obama nominated her. Her nomination was held up by concerns over her pro-union activities, and reports of tax liens against her husband’s business.

Labor groups have been pushing for Solis, and applauded her confirmation.  AFL-CIO president John Sweeney said in a statement “The confirmation of Rep. Hilda Solis is a huge victory: finally Americans will have a Secretary of Labor who represents working people, not wealthy CEO’s. It is also a historic moment as Rep. Solis becomes the first Hispanic Secretary of Labor.”

In the Congress, Solis’ priorities included expanding access to affordable health care, protecting the environment, and improving the lives of working families. She was recognized as a leader on clean energy jobs, and she authored the Green Jobs Act which provided funding for “green” collar job training for veterans, displaced workers, at risk youth, and individuals in families under 200 percent of the federal poverty line.

What still remains to be seen is who Secretary Solis will pick to be the Assistant Secretary of Labor for OSHA.

James Norton is the President of the JHN Group, he can be contacted regarding Machine Safety Consulting at jamesnorton@jhngroup.com