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Region 1 News Release: 10-1022-BOS/BOS 2010-330
Thurs., July 29, 2010
Contact: Ted Fitzgerald
Phone: 617-565-2074
Email: fitzgerald.edmund@dol.gov

US Labor Department’s OSHA proposes $420,000 in fines against US Postal
Service for electrical hazards at Vermont mail processing facility

CONCORD, N.H. – The U.S. Department of Labor’s Occupational Safety and Health Administration has cited the U.S. Postal Service for six alleged willful violations of safety standards following an inspection at the White River Junction Processing and Distribution Center in White River Junction, Vt. The Postal Service faces a total of $420,000 in fines, chiefly for exposing workers to electrical hazards.

OSHA’s inspection, which began Jan. 30, 2010, in response to worker complaints, found untrained or unqualified employees at the White River Junction distribution center routinely performing troubleshooting, servicing, voltage testing and maintenance on or near live electrical equipment, such as mail sorting and cancelling machines. The machines had not first been deenergized and the workers also lacked personal protective equipment, insulated tools and were not provided electrical lockout/tagout procedures to use.

“The conditions cited here exposed workers to the swift and potentially deadly hazards of electric shock, arc flashes and arc blasts,” said Assistant Secretary of Labor for OSHA Dr. David Michaels. “This large fine reflects both the gravity of these hazards and the Postal Service’s ongoing knowledge of and failure to correct them.”

As a result of its inspection, OSHA has issued six willful citations to the Postal Service for the conditions at the White River Junction facility. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.

The Postal Service has 15 business days from receipt of its latest citations and proposed penalties to comply, meet with the OSHA area director or contest the findings before the independent Occupational Safety and Health Review Commission. This inspection was conducted by OSHA’s Concord, N.H., Area Office; telephone 603-225-1629. To report workplace accidents, fatalities or situations posing imminent danger to workers, call OSHA’s toll-free hotline at 800-321-6742.

The U.S. Department of Labor has filed an enterprise-wide complaint against the U.S. Postal Service for electrical work safety violations. The complaint asks the Occupational Safety and Health Review Commission to order the USPS to correct electrical violations at all its facilities nationwide. This complaint marks the first time OSHA has sought enterprise-wide relief as a remedy.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to assure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

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U.S. Department of Labor releases are accessible on the Internet at http://www.dol.gov. The information in this news release will be made available in alternate format (large print, Braille, audiotape or disc) from the COAST office upon request. Please specify which news release when placing your request at 202-693-7828 or TTY 202-693-7755. The Labor Department is committed to providing America’s employers and employees with easy access to understandable information on how to comply with its laws and regulations. For more information, please visit http://www.dol.gov/compliance.

Region 3 News Release: 10-1035-PHI (osha 10-167)
July 29, 2010
Contact: Joanna Hawkins
Phone: 215-861-5101
Email: hawkins.joanna@dol.gov

US Department of Labor cites Marcum Transport of
Verdunville, W.Va., for workplace safety and health hazards

VERDUNVILLE, W.Va. – The U.S. Department of Labor’s Occupational Safety and Health Administration has cited Marcum Transport trucking company for exposing workers to a variety of safety and health hazards at its Verdunville facility. Proposed penalties total $73,500.

“It is the employer’s legal responsibility to ensure the safety of its employees in the workplace,” said Sue Barazi, acting director of OSHA’s area office in Charleston, W.Va. “OSHA will continue holding employers accountable when they compromise worker safety and do not comply with the law.”

OSHA initiated its investigation May 13 in response to a complaint of noise exposure. As a result, Marcum Transport has been cited for 33 serious violations and one other-than-serious violation. The serious violations include improper machine guarding, inadequate personal protective equipment, a deficient hazard communication program, obstructed exit routes, electrical hazards, and deficient use of lockout/tagout devices for energy sources that prevent the inadvertent start-up of machines. A serious citation is issued when there is a substantial probability that death or serious physical harm could result and the employer knew, or should have known, of the hazard. The other-than-serious citation has been issued for recordkeeping violations.

The company has 15 business days from receipt of the citations to comply, request an informal conference with the OSHA area director in Charleston, or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission. The investigation was conducted by OSHA’s Charleston Area Office; telephone 304-347-5937. To report workplace accidents, fatalities or situations posing imminent danger to workers, call OSHA’s toll-free hotline at 800-321-6742.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to assure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

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U.S. Department of Labor releases are accessible on the Internet at http://www.dol.gov. The information in this news release will be made available in alternate format (large print, Braille, audiotape or disc) from the COAST office upon request. Please specify which news release when placing your request at 202-693-7828 or TTY 202-693-7755. The Labor Department is committed to providing America’s employers and employees with easy access to understandable information on how to comply with its laws and regulations. For more information, please visit http://www.dol.gov/compliance.

Region 1 News Release: 10-1052-BOS/BOS 2010-329
Thurs., July 29, 2010
Contact: Ted Fitzgerald
Phone: 617-565-2074
Email: fitzgerald.edmund@dol.gov

US Labor Department’s OSHA cites Fall River, Mass., contractor
for fall, scaffolding and electrical hazards at East Providence, RI, jobsite

PROVIDENCE, R.I. – The U.S. Department of Labor’s Occupational Safety and Health Administration has proposed a total of $60,000 in fines against Homeland Builders Inc., a Fall River, Mass., contractor, for alleged repeat and serious violations of workplace safety standards following the agency’s inspection of an East Providence, R.I., jobsite.

OSHA inspectors driving by a building under construction at 295 Willett Ave. observed Homeland Builders workers exposed to apparent fall hazards and opened an inspection on the spot. OSHA found that the scaffold on which the employees were working lacked adequate guardrails and a safe means of access, and one leg of the scaffold was not set on a firm foundation, exposing workers to falls of up to 12 feet to the ground. In addition, the workers lacked eye and head protection, were using an unguarded grinder, and were exposed to electric shock hazards from cut and frayed electrical cords and ungrounded cords and equipment.

“These workers faced potential death or serious injury from these conditions, several of which were similar to those for which OSHA cited this employer in the past,” said Patrick Griffin, OSHA’s area director for Rhode Island. “While it is fortunate that no one was injured here, good luck is never an acceptable worker safeguard. For the safety and well-being of its workers, this employer must take effective, ongoing action to prevent these hazards from recurring.”

As a result of its findings, OSHA has issued Homeland Builders three repeat citations with $52,500 in fines for the fall, guardrail and eye protection hazards, and four serious citations with $7,500 in fines for the remaining items. 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 repeat citations stem from OSHA having cited Homeland Builders in 2007 and 2008 for similar hazards at jobsites in Braintree, Mass., and Milford, Conn.

Detailed information on fall protection and scaffold work is available online at http://www.osha.gov/SLTC/fallprotection/index.html and http://www.osha.gov/SLTC/scaffolding/index.html.

Homeland Builders has 15 business days from receipt of the citations to comply, meet with OSHA or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission. The inspection was conducted by OSHA’s Providence Area Office, telephone 401-528-4669. To report workplace accidents, fatalities or situations posing imminent danger to workers, call OSHA’s toll-free hotline at 800-321-6742.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to assure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

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U.S. Department of Labor releases are accessible on the Internet at http://www.dol.gov. The information in this news release will be made available in alternate format (large print, Braille, audiotape or disc) from the COAST office upon request. Please specify which news release when placing your request at 202-693-7828 or TTY 202-693-7755. The Labor Department is committed to providing America’s employers and employees with easy access to understandable information on how to comply with its laws and regulations. For more information, please visit http://www.dol.gov/compliance.

Release Number: 10-1021-NAT
Contact: Diana Petterson     Jason Surbey
Phone: 202-693-1898         202-693-4668
Email: petterson.diana@dol.gov         surbey.jason@dol.gov

US Department of Labor’s OSHA publishes final rule on cranes and derricks in construction

WASHINGTON – The U.S. Department of Labor’s Occupational Safety and Health Administration today announced that it is issuing a new rule addressing the use of cranes and derricks in construction, which will replace a decades-old standard. Approximately 267,000 construction, crane rental and crane certification establishments employing about 4.8 million workers will be affected by the rule published today.

“The significant number of fatalities associated with the use of cranes in construction led the Labor Department to undertake this rulemaking,” said Secretary of Labor Hilda L. Solis. “After years of extensive research, consultation and negotiation with industry experts, this long overdue rule will address the leading causes of fatalities related to cranes and derricks, including electrocution, boom collapse and overturning.”

The previous rule, which dated back to 1971, was based on 40-year-old standards. Stakeholders from the construction industry recognized the need to update the safety requirements, methods and practices for cranes and derricks, and to incorporate technological advances in order to provide improved protection for those who work on and around cranes and derricks.

“The rule addresses critically important provisions for crane operator certification, and crane inspection, set-up and disassembly,” said Assistant Secretary of Labor for OSHA Dr. David Michaels. “Compliance with the rule will prevent needless worker injuries and death, and provide protection for the public and property owners.”

The new rule is designed to prevent the leading causes of fatalities, including electrocution, crushed-by/struck-by hazards during assembly/disassembly, collapse and overturn. It also sets requirements for ground conditions and crane operator assessment. In addition, the rule addresses tower crane hazards, addresses the use of synthetic slings for assembly/disassembly work, and clarifies the scope of the regulation by providing both a functional description and a list of examples for the equipment that is covered.

In 2003, the secretary of labor appointed 23 experienced Cranes and Derricks Advisory Committee members representing manufacturers and trade associations, who met 11 times until a consensus on the regulatory text was reached in July 2004. The proposed rule was published Oct. 9, 2008, and the public was invited to submit comments until Jan. 22, 2009. Public hearings were held in March 2009, and the public comment period on those proceedings closed in June 2009. OSHA staff incorporated input from the public comments and testimony to develop the final regulatory text.

The complete rule is available at http://www.ofr.gov/OFRUpload/OFRData/2010-17818_PI.pdf. The regulation text is available at http://www.osha.gov/cranes-derricks/index.html. The new rule will take effect on Nov. 8, 2010.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to assure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

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U.S. Department of Labor releases are accessible on the Internet at http://www.dol.gov. The information in this news release will be made available in alternate format (large print, Braille, audio tape or disc) from the COAST office upon request. Please specify which news release when placing your request at 202-693-7828 or TTY 202-693-7755. The Labor Department is committed to providing America’s employers and employees with easy access to understandable information on how to comply with its laws and regulations. For more information, please visit http://www.dol.gov/compliance.

Region 6 News Release: DOL-OSHA-10-1008-DAL
July 26, 2010
Contact: Elizabeth Todd
Phone: 972-850-4710
Email: todd.elizabeth@dol.gov

US Labor Department’s OSHA cites Thermal Polymer Systems
following workplace fatality in Angleton, Texas

ANGLETON, Texas – The U.S. Department of Labor’s Occupational Safety and Health Administration has cited Thermal Polymer Systems LC of Angleton, Texas, following an explosion inside a permit-required confined space that killed one worker and injured two others.

“This company exposed its workers to the hazards of confined space entry,” said Mark Briggs, OSHA’s area director for the Houston South Area Office. “In this case, the ventilation system was not on to remove the flammable and toxic vapors of the primer being used by the employees, and the internal atmosphere of the tank was not being monitored with a combustible gas meter to alert the employees that the atmosphere was becoming toxic and inflammable.”

OSHA issued citations alleging four willful and 28 serious violations following an investigation that began January 28 when two workers were burned while applying primer inside a tanker trailer. One worker died and another remains hospitalized with burns to over 90 percent of his body. A third worker, the attendant monitoring the confined space in the event of an emergency, was blown off the tank when the vapors ignited.

The willful violations were for failing to eliminate and control hazardous atmospheres, such as flammable gas, through ventilation; complete confined space entry permits; use intrinsically safe lights in hazardous locations; and annually fit-test employees for respirator use. A willful violation is one where there was intentional disregard for safety and health.

Serious violations include failing to mark exits; ensure flammables storage areas had self-closing doors; conduct workplace hazard assessments; monitor, evaluate, and annually review and retain records for the confined spaces; implement a hearing conservation program, and secure compressed cylinders. A serious violation is one that could cause death or serious physical harm to employees when the employer knew or should have known of the hazard. Penalties for the violations total $161,600.

The company has 15 business days from receipt of the citations to comply, request an informal conference with OSHA’s area director in Houston, or contest the citations and penalties before the independent Occupational Safety and Health Review Commission.

Employers and employees with questions regarding workplace safety and health standards can call OSHA’s Houston South Area Office at 281-286-0583, the Houston North Area Office at 281-591-2438, or the agency’s toll-free hotline at 800-321-6742 to report workplace accidents, fatalities or situations posing imminent danger to workers.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to assure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

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U.S. Department of Labor releases are accessible on the Internet at http://www.dol.gov. The information in this news release will be made available in alternate format (large print, Braille, audiotape or disc) from the COAST office upon request. Please specify which news release when placing your request at 202-693-7828 or TTY 202-693-7755. The Labor Department is committed to providing America’s employers and employees with easy access to understandable information on how to comply with its laws and regulations. For more information, please visit http://www.dol.gov/compliance.