Archive for the ‘stickers’ Category
US Labor Department’s OSHA intervenes to remove workers from hazardous trench in Auburn, Ala.; cites Arizona company for endangering workers
Region 4 News Release: 11-1081-ATL (391)
Aug. 10, 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 intervenes to remove workers from hazardous
trench in Auburn, Ala.; cites Arizona company for endangering workers
AUBURN, Ala. – The U.S. Department of Labor’s Occupational Safety and Health Administration has cited NPL Construction Co. for two safety violations for exposing workers to excavation hazards while connecting an underground natural gas line on South College Street in Auburn. Proposed penalties total $73,000 following an April inspection.
NPL Construction is a pipeline construction company employing approximately 2,000 workers throughout the U.S., with corporate offices in Phoenix, Ariz. The company has a local office in Moody, Ala.
As OSHA inspectors were traveling to an inspection near Auburn they passed an open excavation where workers were not being protected from cave-ins. The OSHA officials stopped and opened an inspection at the NPL Construction site, and requested that the workers be removed from the trench. One of the walls of the excavation later collapsed.
A repeat violation with $66,000 in penalties was cited for failing to provide a protective system for employees working in an excavation more than 5 feet deep. 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 in Connecticut in 2010 and Kansas in 2008 for the same violation.
A serious violation with a $7,000 penalty was cited for failing to ensure equipment is kept 2 feet from the edge of the excavation. 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.
“Disregarding workers’ safety by leaving them unprotected from potential cave-in hazards is unacceptable and will not be tolerated,” said Kurt Petermeyer, OSHA’s area director in Mobile. “The actions of the OSHA compliance officers likely saved the lives of these workers.”
OSHA standards mandate that all excavations 5 feet or deeper be protected against collapse. Detailed information on trenching and excavation hazards is available on OSHA’s website at http://www.osha.gov/SLTC/trenchingexcavation/index.html.
The company 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 Mobile Area Office, 1141 Montlimar Drive, Suite 1006, Mobile, Ala. 36609; telephone 251-441-6131. 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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Norfolk Southern Railway Co. ordered by US Labor Department’s OSHA to pay more than $122,000 for violating Federal Railroad Safety Act
Region 4 News Release: 11-1181-ATL (388)
Aug. 9, 2011
Contact: Michael D’Aquino Michael Wald
Phone: 404-562-2076 404-562-2078
Email: d’aquino.michael@dol.gov wald.michael@dol.gov
Norfolk Southern Railway Co. ordered by US Labor Department’s OSHA to
pay more than $122,000 for violating Federal Railroad Safety Act
Whistleblower to receive compensatory and punitive damages, attorney’s fees
GREENSBORO, N.C. – Norfolk Southern Railway Co. has been ordered by the U.S. Department of Labor’s Occupational Safety and Health Administration to pay a former employee $122,199 in compensatory and punitive damages as well as reasonable attorney’s fees. The company violated the employee’s rights under the whistleblower provisions of the Federal Railroad Safety Act by terminating the employee for reporting an on-the-job injury in 2009.
On May 13, 2009, the employee was initially injured in Jamestown, N.C., while removing a spike from the rail line. Fearing loss of employment, the worker did not report the injury until a re-injury occurred in October when, at the suggestion of management, the employee saw a doctor. After returning to work, the employee was suspended and later terminated for allegedly falsifying the injury. The employee submitted a complaint to OSHA and the agency’s investigation determined that not only were the employee’s rights under the FRSA violated, the company also successfully intimidated other employees from reporting on-the-job injuries. This “chilling effect” allowed Norfolk Southern to maintain the appearance of an exemplary safety record and continue its 22-consecutive-year record as recipient of the E.H.Harriman Gold Medal Rail Safety Award.
“Every American worker has the right to report an injury without fear of retaliation or intimidation,” said Cindy A. Coe, OSHA’s regional administrator in Atlanta. “The U.S. Department of Labor is committed to protecting all employees, including those in the railroad industry, from such mistreatment and will prosecute these employers to the fullest extent of the law.”
The order issued by OSHA awards the former employee, now living in Greensboro, compensatory damages including pain and suffering; reasonable attorney’s fees; and $75,000 in punitive damages for the company’s reckless disregard of the individual’s rights under FRSA. Either party can file an appeal to the Labor Department’s Office of Administrative Law Judges. The railroad also has been ordered to expunge the disciplinary record of the individual and post a notice in all of its areas where employee notices are customarily posted on whistleblower protection rights under the FRSA.
Norfolk Southern Railway Co. is a major transporter/hauler of coal and other commodities serving every major container port in the eastern United States with connections to western carriers. Headquartered in Norfolk, Va., the company employs more than 30,000 union workers.
OSHA enforces the whistleblower provisions of the Federal Railroad Safety Act and 20 other statutes protecting employees who report violations of various airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health care reform nuclear, pipeline, public transportation agency, railroad, maritime and securities laws. Employers are prohibited from retaliating against employees who raise various protected concerns or provide protected information to the employer or to the government. Employees who believe they have been retaliated against for engaging in protected conduct may file a complaint with the secretary of labor for an investigation by OSHA’s Whistleblower Protection Program. Detailed information on employee whistleblower rights, including fact sheets, is available online at http://www.whistleblowers.gov.
Editor’s note: The U.S. Department of Labor does not release names of employees involved in whistleblower complaints.
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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 Dick’s Sporting Goods for safety hazards at Queensbury, NY, location
Region 2 News Release: 11-1162-NEW/BOS 2011-281
Aug. 8, 2011
Contact: Ted Fitzgerald
Phone: 617-565-2074
Email: fitzgerald.edmund@dol.gov
US Labor Department’s OSHA cites Dick’s Sporting Goods
for safety hazards at Queensbury, NY, location
Pennsylvania-based retailer faces $57,300 in fines, urged to examine safety at other stores
ALBANY, N.Y. – The U.S. Department of Labor’s Occupational Safety and Health Administration has cited Dick’s Sporting Goods for six alleged violations of workplace safety standards after an OSHA inspection identified several hazards at the retailer’s store at the Aviation Mall in Queensbury. The Pennsylvania-based retailer faces a total of $57,300 in proposed fines.
OSHA inspectors found that workers at the Queensbury store were periodically required to enter a trash compactor that had not first been de-energized in order to remove cardboard blockages. Additionally, the store lacked the means and procedures for employees to enter and work safely in such a confined space, and training was not provided on the hazards and safeguards associated with work in a confined space. Finally, access to fire extinguishers was blocked and employees were not trained in how to use fire extinguishers in the event of a fire.
“Even in a retail outlet, employees can be exposed to deadly or disabling hazards if the proper safeguards and training are absent, as they were here,” said Edward Jerome, OSHA’s area director in Albany. “These workers could have been crushed or burned. For the safety and health of all of its employees, I urge this employer to examine safety and health issues at its other stores and promptly take corrective action.”
Two repeat violations with $33,000 in fines were cited for the blocked fire extinguishers and lack of fire extinguisher training. Four serious violations with $24,300 in fines were cited for the confined space hazards and a missing fire extinguisher.
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. 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. In this case, the repeat citations stem from OSHA having cited the retailer in May 2010 for similar hazards at a Melville, N.Y., store.
“One means of preventing hazards such as these is for employers to establish an injury and illness prevention program in which workers and management continually work to identify and eliminate hazardous conditions,” said Robert Kulick, OSHA’s regional administrator in New York.
Dick’s Sporting Goods has 15 business days from receipt of its citations and proposed penalties to comply, meet with OSHA or contest the findings before the independent Occupational Safety and Health Review Commission. The inspection was conducted by OSHA’s Albany Area Office; telephone 518-464-4338. 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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OSHA forms Alliance with the American Wind Energy Association
Aug. 8, 2011
Contact: Office of Communications
Phone: 202-693-1999
OSHA forms Alliance with the American Wind Energy Association
WASHINGTON – The Occupational Safety and Health Administration (OSHA) and the American Wind Energy Association (AWEA) today formed an Alliance focused on preventing worker exposures to electrical, crane and fall hazards in the wind energy industry.
“As part of the emerging green jobs industry, wind energy jobs promise to be kinder to our environment and transform our economy. But these jobs are not necessarily safer for American workers,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “I am confident that our Alliance with AWEA will further OSHA’s mission to ensure that wind energy workers are protected from preventable injuries and death.”
During the two-year agreement, the Alliance participants intend to develop materials for workers that address wind energy maintenance and operations hazards. The participants will also hold forums to discuss these hazards that can expose workers to harm. The participants also intend to raise awareness among workers and employers of OSHA’s rulemaking and enforcement initiatives through sharing information on workplace safety and health standards.
AWEA is a national trade association representing 2,500 member companies such as wind turbine manufacturers and component suppliers, utilities, and renewable energy supporters and researchers. Approximately 85,000 workers are employed by AWEA members.
OSHA’s Green Jobs Hazards Web page describes workplace hazards and worker safety and health information in the wind energy industry and other green industries – including solar, geo-thermal energy, recycling, and weather insulating/sealing.
Through the Alliance Program, OSHA works with groups committed to worker safety and health to prevent workplace fatalities, injuries and illnesses. These groups include unions, consulates, trade or professional organizations, faith- and community-based organizations, businesses and educational institutions. OSHA and the groups work together to develop compliance assistance tools and resources, share information with workers and employers, and educate workers and employers about their rights and responsibilities. Alliance Program participants do not receive exemptions from OSHA programmed inspections.
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. Labor Department news releases are accessible on the Internet at www.dol.gov. The information in this release will be made available in alternative format upon request (large print, Braille, audiotape or disc) from the Central Office for Assistive Services and Technology. Please specify which news release when placing your request. Call 202-693-7828 or TTY 202-693-7755.
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US Labor Department’s OSHA cites MM Industries in Salem, Ohio,for 38 serious safety and health violations; fines total more than $102,000
Region 5 News Release: 11-1125-CHI
Aug. 8, 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 MM Industries in Salem, Ohio,
for 38 serious safety and health violations; fines total more than $102,000
SALEM, Ohio – The U.S. Department of Labor’s Occupational Safety and Health Administration has cited MM Industries for 38 serious safety and health violations at its Salem facility, including failing to guard machinery and provide personal protective equipment. The facility fabricates filtration systems. The company faces $102,600 in proposed fines.
“Employers have a responsibility to ensure work environments are healthful and safe, which includes providing appropriate equipment and training to protect workers,” said Howard Eberts, OSHA’s Cleveland area director.
Twenty-six serious safety violations with proposed fines of $63,600 involve not knowing the weight capacity of a floor for overhead storage; no emergency lighting; failure to implement and train workers in lockout/tagout procedures to control the release of hazardous energy; not removing a punctured and torn synthetic web sling from service; and failing to inspect cranes. Additionally, the company failed to install machine guards on a Delta bandsaw, Cleveland polisher, Reliance polisher, portable disc grinder, spot welder and numerous lathes.
Twelve serious health violations with proposed fines of $39,000 involve failing to have a written respiratory protection program; failure to have a written hazard communication program; failing to identify and label containers of hazardous chemicals; failing to cover lacquer containers; constructing a spray booth of flammable materials; and not providing information and training to employees on hazardous chemicals in the workplace. 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.
Additionally, two other-than-serious violations with no proposed monetary penalties involve failing to properly maintain the OSHA 300 injury and illness log, and not properly marking a crane. 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 facility fabricates filtration systems MM Industries has 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA’s area director or contest the findings before the independent Occupational Safety and Health Review Commission. Employers and employees with questions regarding workplace safety and health standards can call OSHA’s Cleveland Area Office at 216-615-4266. 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.
This entry passed through the Full-Text RSS service — if this is your content and you’re reading it on someone else’s site, please read the FAQ at fivefilters.org/content-only/faq.php#publishers. Five Filters featured article: A ‘Malign Intellectual Subculture’ – George Monbiot Smears Chomsky, Herman, Peterson, Pilger And Media Lens.
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