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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Platts Survey: OPEC Boosts Oil Output to 30 Million Barrels Per Day in July
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Platts Survey: OPEC Boosts Oil Output to 30 Million Barrels Per Day in July
Oil Output Climbs by 430,000 Barrels Per Day From June
London, August 9, 2011 - The 12-member Organization of the Petroleum Exporting Countries’ (OPEC) oil output continued its upward climb in July, increasing by 430,000 barrels per day (b/d) from June to 30 million b/d, its highest level since December 2008, a just-released Platts survey of OPEC and oil industry officials and analysts showed.
“Even as OPEC production rises, global oil prices are falling,” said John Kingston, Platts global director of news. “With production at the highest levels we’ve seen since December 2008, the question now is, if oil prices continue to fall, will we see OPEC volumes fall too?”
In July, the single biggest increase came from Saudi Arabia, which boosted output by 300,000 b/d to 9.8 million b/d from 9.5 million b/d the previous month.
Angola also contributed a sizeable increment of 150,000 b/d with the return of production from the offshore Plutonio field.
Other smaller increases came from Kuwait, Venezuela, Nigeria and the United Arab Emirates.
Decreases totalling 120,000 b/d came from Libya, Iran and Iraq. Libyan output was estimated at just 60,000 b/d in July – only a fraction of the 1.6 million b/d the country was producing before the uprising against the regime of Moammar Qadhafi earlier this year.
Saudi production in particular has been rising recently to compensate for lost Libyan production.
Strong oil prices have also driven higher production from OPEC in general, with North Sea Brent holding above $100 per barrel (/b) for much of this year and trading at a two-and-a-half year high of $127.02/b on April 11. However, prices have skidded downward in recent weeks due in large part to U.S. and European economic turmoil. On August 9, Brent futures plunged below $100/b for the first time since February 2011.
OPEC does not currently have an output agreement, having failed to reach a deal on production policy at its June 8 meeting. The group’s economic experts had forecasted that demand for OPEC oil would jump by some 2 million b/d between the second and third quarters. Saudi Arabia wanted OPEC to boost actual estimated production of 28.8 million b/d by 1.5 million b/d to meet the expected higher demand, but Iran, Algeria and several other countries refused to back the proposed increase.
The previous agreement, which set a target of 24.845 million b/d the 11 members bound by quotas (OPEC-11), was agreed in late 2008 as the deepening world recession sent prices plummeting from all-time highs of more than $147/b in July of that year to less than $40/b. A Platts survey estimated total OPEC production, including that of Iraq, at 30.74 million b/d in December 2008. That figure fell to 28.97 million b/d in January, the month OPEC’s 4.2 million b/d of output cuts came into effect.
But the so-called OPEC-11 never managed to reduce output anywhere near the 24.845 million b/d target, which had become largely notional long before the June 8 meeting. In May, for example, the OPEC-11 exceeded the target by some 1.5 million b/d. Production and exports from Iraq, which does not participate in OPEC output pacts, meanwhile, has continued to expand.
OPEC has scheduled its next meeting for December 14 in Vienna, but a senior oil official from Iran, the current holder of the OPEC presidency, said late last week that ministers would hold consultations on a possible emergency meeting if oil prices continued to fall.
For production numbers by country, click here. You may be prompted for a cost-free one-time-only log-in registration.
Platts OPEC and oil experts are available for media interviews; please consult Platts Media Center to schedule an interview. For other oil, energy and related information, visit www.platts.com.
About Platts:
Founded in 1909, Platts is a leading global provider of energy, petrochemicals and metals information and a premier source of benchmark prices for the physical and futures markets. Platts’ news, pricing, analytics, commentary and conferences help customers make better-informed trading and business decisions and help the markets operate with greater transparency and efficiency. Customers in more than 150 countries benefit from Platts’ coverage of the carbon emissions, coal, electricity, oil, natural gas, metals, nuclear power, petrochemical, and shipping markets. A division of The McGraw-Hill Companies (NYSE: MHP), Platts is headquartered in New York with more than 700 employees in more than a dozen offices worldwide. Additional information is available at http://www.platts.com.
About The McGraw-Hill Companies:
Founded in 1888, The McGraw-Hill Companies is a leading global financial information and education company that helps professionals and students succeed in the Knowledge Economy. With leading brands including Standard & Poor’s, McGraw-Hill Education, Platts energy information services and J.D. Power and Associates, the Corporation has approximately 21,000 employees with more than 280 offices in 40 countries. Sales in 2010 were $6.2 billion. Additional information is available at http://www.mcgraw-hill.com.
For More Information Contact
Kathleen Tanzy
212-904-2860
Kathleen_tanzy@platts.com
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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.
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