Archive for July, 2011
US Labor Department’s OSHA cites Decatur, Ga., bakery for unguarded machinery, other violations after worker suffers finger laceration
Region 4 News Release: 11-1079-ATL (367)
July 28, 2011
Contact: Michael D’Aquino Michael Wald
Phone: 404-562-2076 404-562-2078
Email: d’aquino.michael@dol.gov wald.michael@dol.gov
US Labor Department’s OSHA cites Decatur, Ga., bakery for unguarded
machinery, other violations after worker suffers finger laceration
DECATUR, Ga. – The U.S. Department of Labor’s Occupational Safety and Health Administration has cited Earth Grains Baking Cos. Inc., doing business as Sara Lee on Panthersville Road in Decatur, for nine safety violations following a February investigation of an incident in which a worker’s finger was severely lacerated while operating a bread slicing machine.
One repeat violation related to the injury was cited for exposing workers to hazards due to a lack of machine guarding on the bread slicer. 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. The company was cited for a similar violation in May 2007 at a Wichita, Kan., facility.
Three serious violations involve not providing machine guarding for sprocket wheels and chains, not protecting shaft ends on the power transmission apparatus; and failing to conduct periodic inspections of the energy control procedures. 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.
Five other-than-serious violations involve not completing the OSHA 300A and 301 logs for recording injuries and illnesses. 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.
“This injury could have been prevented had the company followed proper machine guarding safety procedures,” said Bill Fulcher, director of OSHA’s Atlanta-East Area Office. “All employers have a responsibility to keep the workplace safe for their employees.”
Proposed penalties total $51,800. The bakery has 15 business days from receipt of the citations and proposed penalties to comply, request a conference with OSHA’s area director or contest the findings before the independent Occupational Safety and Health Review Commission. The site was inspected by OSHA’s Atlanta-East office, 2183 Northlake Parkway, Building 7, Suite 110, Tucker, Ga. 30084; telephone 770-493-6644. To report workplace incidents, fatalities or situations posing imminent danger to workers, call the agency’s toll-free hotline at 800-321-OSHA (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 ensure 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 news materials are accessible at http://www.dol.gov. The information above is available in large print, Braille, audio tape or disc from the COAST office upon request by calling 202-693-7828 or TTY 202-693-7755.
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Partnership Combines Wireless Sensors and Live Detectives
The security solution enables customers to track shipments using cellular-based sensor technology and a manned response team, and via RFID for high-value items.
July 29, 2011—Flemming Cargo Securement (FCS), a transportation monitoring and recovery services company, is partnering with wireless technology firm OnAsset Intelligence to provide a part-technology, part-manned solution for securing cargo as it is transported by truck from one location to another along the supply chain. The solution employs FCS’ manned responses to alerts issued by OnAsset’s cellular and sensor-based system. The partners can also provide RFID technology, built into OnAsset’s SmartContainer solution, designed for instances in which a logistics company or manufacturer has high-value items to monitor, thereby requiring not just updates via a GSM cellular transmission if a truck’s trailer is tampered with, but also an alert in the event that an RFID-tagged item is removed from a specific RFID-enabled container.
For the past year, according to Ray Flemming, FCS’ president and CEO, OnAsset has provide FCS with its Sentry 400 device, which includes sensors that measure temperature, air pressure, humidity, light and shock, among other conditions, in a trailer or in the back of a truck. The device transmits its own unique ID number and sensor data at regular intervals to area GSM cellular towers, and the Sentry system software determines the location of the device (and thus the vehicle), based on triangulation of the towers.
Customers that want greater security can opt, instead, for SmartContainer device integrated into a product’s shipping container. Like the Sentry 400, the SmartContainer device can issue an alert if a container is opened, or if temperatures exceed a specific threshold, but SmartContainer’s built-in RFID reader can detect whether or not tagged products remain within the container, says Nikki Cuban, OnAsset’s marketing and business development VP,
OnAsset developed its SmartContainer—which it calls an All-in-One Secure Shipping solution, with built-in sensors and GSM capabilities identical to those incorporated into the Sentry device—as well as an ultrahigh-frequency (UHF) EPC Gen 2 RFID reader (the company, Cuban says, has no preference with regard to vendors). The SmartContainer also has an infrared camera that automatically takes pictures when the container is opened. OnAsset can install its SmartContainer technology in Pelican cases in a variety of sizes, Cuban says, though the system can be fitted into any reusable container in which users may already transport their goods. Users would need to tag their own products, such as artwork, high-value documents, tools or precious metals.
While in transit, the reader captures the unique ID numbers of all tags within the container, and forwards that information to a server via the GSM cellular connection, indicating such actions as the removal of one or more items, the opening of the container, or changing environmental conditions within the container. The container is designed for transporting high-value items by air or land, to provide greater coverage of items within a truck or on a ship. Upon reaching its destination, the container is then returned to its point of origin, as any other reusable container would be.
To date, Cuban says, only the Sentry 400 is being used by FCS’ customers, but FSC could also provide its customers with the SmartContainer, if they request it, in order to attain additional security for their products.
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US Labor Department’s OSHA cites 3 Brooklyn, NY, tortilla manufacturers for safety and health hazards following worker fatality
Region 2 News Release: 11-1114-NEW/BOS 2011-268
July 29, 2011
Contact: Ted Fitzgerald
Phone: 617-565-2074
Email: fitzgerald.edmund@dol.gov
US Labor Department’s OSHA cites 3 Brooklyn, NY, tortilla manufacturers
for safety and health hazards following worker fatality
OSHA safety and health resources available for Spanish-speaking workers and employers
NEW YORK – The U.S. Department of Labor’s Occupational Safety and Health Administration has cited three Brooklyn tortilla manufacturers for a total of 34 alleged violations of workplace safety and health standards following inspections conducted in the wake of the January death of a worker at Tortilleria Chinantla Inc., located at 975 Grand St.
Juan Batten, a 22-year-old Guatemalan immigrant, died when he became caught in the auger of a mixing machine. OSHA’s inspection found that the mixer was not guarded to prevent employees from coming into contact with its points of operation.
“Proper and effective machine guarding would have eliminated this hazard and prevented this young worker’s death,” said Kay Gee, OSHA’s area director for Brooklyn, Manhattan and Queens. “This was a clearly recognizable hazard that should have been addressed.”
In addition to other machine guarding hazards identified during the inspection, Tortilleria Chinantla lacked a hazardous energy control – or “lockout/tagout – program to prevent the unintended startup of machinery, a chemical hazard communication program and the required training for operators of powered industrial trucks. The company also failed to record the worker’s death on its illness and injury log. As a result, Tortilleria Chinantla was cited for one willful, six serious and one other-than-serious violation, carrying a total of $62,400 in proposed fines.
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. 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.
Separately, and in response to reports of possible hazards, OSHA also inspected two other tortilla manufacturers: Buena Vista Tortillas Corp., located at 219 Johnson Ave., and La Tortilleria Mexicana Los Tres Hermanos Corp., located at 271 Star St. Buena Vista Tortillas was cited for 13 serious and one other-than-serious violation with $39,000 in proposed fines for machine guarding, electrical, lockout/tagout, fire extinguisher, exit route, hazard communication and fall hazards. La Tortilleria Mexicana Los Tres Hermanos was cited for 12 serious violations with $33,600 in proposed fines for machine guarding, electrical, exit route, powered industrial truck and formaldehyde hazards.
“What is particularly disturbing is that we found a number of similar hazards at all three facilities,” said Gee. “While no fatalities have occurred at the other locations, I call upon these and other similar employers to review their workplaces to identify and eliminate hazards.”
“Safeguarding workers against occupational injuries and illnesses depends in great part on ensuring that workers know and understand the hazards and safeguards associated with their jobs. That is especially important in workplaces where English may not be the employees’ primary language,” said Diana Cortez, OSHA’s regional diverse workforce coordinator. “Employers must provide information and training in a way their workers will understand. OSHA has numerous resources available for Spanish-speaking workers and employers. I encourage both groups to seek out this vital information online or in person.”
Detailed safety and health information including publications, fact sheets, standards and interactive eTools are available in Spanish at http://www.osha.gov/as/opa/spanish/index.html. OSHA also can provide safety and health information in other languages. Workers and employers in the greater New York City area may contact the compliance assistance specialist in the appropriate OSHA area office. A searchable list of compliance assistance specialists by location is available at http://www.osha.gov/dcsp/compliance_assistance/cas_directory_auto.html.
“One means by which employers can enhance safety and health in their workplaces is by establishing and maintaining an illness and injury prevention program, in which employers and employees work together to identify and eliminate hazards before they cause harm,” said Robert Kulick, OSHA’s regional administrator in New York.
Each employer has 15 business days from receipt of citations and proposed penalties to comply, meet with OSHA’s area director or contest the findings before the independent Occupational Safety and Health Review Commission. The inspection was conducted by OSHA’s Manhattan Area Office; telephone 212-620-3200. To report workplace incidents, fatalities or situations posing imminent danger to workers, call the agency’s toll-free hotline at 800-321-OSHA (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 ensure 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 news materials are accessible at http://www.dol.gov. The information above is available in large print, Braille, audio tape or disc from the COAST office upon request by calling 202-693-7828 or TTY 202-693-7755.
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US Labor Department’s OSHA cites Northeastern Wisconsin Wood Products for 18 safety and health violations; fines total nearly $379,000
Region 5 News Release: 11-983-CHI
July 27, 2011
Contact: Scott Allen Rhonda Burke
Phone: 312-353-6976 312-353-4807
Email: allen.scott@dol.gov burke.rhonda@dol.gov
US Labor Department’s OSHA cites Northeastern Wisconsin Wood
Products for 18 safety and health violations; fines total nearly $379,000
Company has history of noncompliance with worker protection standards
POUND, Wis. – The U.S. Department of Labor’s Occupational Safety and Health Administration has cited Northeastern Wisconsin Wood Products in Pound for a total of 18 alleged health and safety, including 13 willful, violations. The company is facing $378,620 in proposed penalties following a January inspection.
“Northeastern Wisconsin Wood Products has a history of failing to comply with OSHA standards. The company has yet to abate many violations cited in a previous inspection,” said Michael Connors, OSHA’s regional administrator in Chicago. “When employers knowingly ignore safety and health requirements, they are unduly placing their workers at risk for illnesses and injuries, and that is unacceptable.”
Northeastern Wisconsin Wood Products was first inspected by OSHA in 2006 and issued eight citations. A follow-up inspection in 2007 found that most of the originally cited hazards remained unabated. Following the May 2010 issuance of a secretary of labor petition for summary enforcement, the company was given 30 days to work with a Wisconsin state consultation service to abate the violations. The consultation service is alleged to have ended the abatement process due to a lack of cooperation by the company. Many of the originally cited violations once again were cited during the January 2011 inspection.
Five willful health violations involve failing to implement a hearing conservation program for employees whose noise exposure exceeded 85 decibels; perform and certify a hazard assessment of the workplace; develop and implement a hazard communication program to include training for employees; maintain copies of material data sheets; and provide appropriate eye protection for workers. Additionally, the company allowed unsanitary conditions to pose serious fire and explosion hazards by letting sawdust accumulate in a pile of approximately 4 feet by the outer wall and several inches on horizontal surfaces such as pipes, wall supports and ledges.
Eight willful safety violations involve a lack of machine guarding on belts, pulleys, gears and band saw blades; a lack of guardrails; unguarded open-sided floors and platforms presenting a fall hazard greater than 4 feet; not using electrical equipment correctly; and not effectively closing openings in boxes and cabinets. 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. Proposed penalties for the 13 willful citations total $360,800.
The company also was cited for one repeat safety violation, with a proposed penalty of $7,920, for failing to provide potable water for drinking. 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.
Three serious safety violations, with proposed penalties of $9,900, include failing to periodically inspect energy control procedures, use group lockout devices and train employees in electrical safety. 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.
One other-than-serious violation, with no monetary penalty, was cited for failing to provide an illuminated exit sign. 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.
The company has 15 business days from receipt of the citations to comply, request an informal conference with OSHA’s area director, or contest the citations and penalties before the independent Occupational Safety and Health Review Commission. Employers and employees with questions regarding workplace safety and health standards can call OSHA’s Appleton District Office at 920-734-4521. To report workplace incidents, fatalities or situations posing imminent danger to workers, call the agency’s toll-free hotline at 800-321-OSHA (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 ensure 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 news materials are accessible at http://www.dol.gov. The information above is available in large print, Braille, audio tape or disc from the COAST office upon request by calling 202-693-7828 or TTY 202-693-7755.
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US Labor Department’s OSHA cites North Suffolk Mental Health Association in Massachusetts for inadequate workplace violence safeguards
Region 1 News Release: 11-1111-BOS/BOS 2011-265
July 28, 2011
Contact: Ted Fitzgerald
Phone: 617-565-2074
Email: fitzgerald.edmund@dol.gov
US Labor Department’s OSHA cites North Suffolk Mental Health Association
in Massachusetts for inadequate workplace violence safeguards
Citation follows worker’s death at group home facility in Revere
ANDOVER, Mass. – The U.S. Department of Labor’s Occupational Safety and Health Administration has cited Massachusetts-based North Suffolk Mental Health Association for failing to provide its employees with adequate safeguards against workplace violence. OSHA opened an inspection following the January death of an employee who was allegedly abducted from the company’s group home in Revere by one of the residents.
The senior counselor, who was working alone, was attacked and fatally injured during the performance of her regularly assigned duties. OSHA’s inspection found that employees at the facility are exposed to the hazard of physical assault while providing services to clients, and that the employer failed to develop and implement adequate measures to protect employees against such assaults.
As a result, OSHA has cited the facility with a serious violation of the agency’s “general duty clause” for failing to provide a workplace free from recognized hazards likely to cause serious injury or death. 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.
“This citation points to the clear and pressing need for this employer, and other employers in this industry, to develop a comprehensive and effective program to proactively address workplace violence situations that imperil the safety and health of their workers,” said Jeffrey A. Erskine, OSHA’s area director in Andover. “Prevention, protection, awareness, training and communication are critical to protecting these workers against death or serious injuries.”
The citation includes a number of suggested and feasible means of abatement that the facility can pursue to address the workplace violence issue, including:
- Creating a stand-alone written workplace violence prevention program that includes implementation of workplace controls and prevention strategies; hazard/threat/security assessments; a workplace violence policy statement outlining and emphasizing a zero tolerance policy for workplace violence; incident reporting and investigation; and periodic review of the prevention program.
- Establishing a system to identify clients with assaultive behavior problems and train all staff to understand the system used.
- Putting in place procedures to communicate any incident to staff so that employees without access to client charts are aware of previous violent or aggressive acts by a client.
- Identifying the behavioral history of new or transferred clients, including conducting criminal and sexual offender records checks.
- Conducting more extensive training so that all employees are aware of the facility’s workplace violence policy and where information about it can be found, including training employees to clearly state to clients that violence is not permitted or tolerated; how to respond during a workplace violence incident; recognize when individuals are exhibiting aggressive behavior and how to de-escalate the behavior; and identify risk factors that can cause or contribute to assault.
- Installing and positioning panic buttons, walkie-talkies, recording security camera systems and smart phone GPS applications to better monitor employee safety and increase staff communication and support; implement and maintain a buddy system on at least the second and third shifts, based on a complete hazard assessment.
The citation carries a proposed penalty of $7,000, the maximum amount that can be proposed for a serious violation. North Shore Mental Health Association has 15 business days from receipt of its citation and proposed penalty to comply, meet with OSHA’s area director or contest the findings before the independent Occupational Safety and Health Review Commission. The investigation was conducted by OSHA’s Andover Area Office; telephone 978-837-4460.
OSHA’s “Guidelines for Preventing Workplace Violence for Health Care & Social Service Workers” resource is available online at http://www.osha.gov/Publications/OSHA3148/osha3148.html. Additional information on workplace violence is available at http://www.osha.gov/SLTC/workplaceviolence/index.html.
To report workplace incidents, fatalities or situations posing imminent danger to workers, call the agency’s toll-free hotline at 800-321-OSHA (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 ensure 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 news materials are accessible at http://www.dol.gov. The information above is available in large print, Braille, audio tape or disc from the COAST office upon request by calling 202-693-7828 or TTY 202-693-7755.
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