January 2017 Workplace Safety News & Notes

Here's a collection of safety news from around the web:

DOT Amends Hazmat Rules to Maintain Consistency with International Regulations

The U.S. DOT posted a final rule on Jan. 19 that amends the U.S. Hazardous Material Regulations (HMR) to maintain consistency with international regulations and standards. Amendments include changes to proper shipping names; hazard classes; packing groups; special provisions; packaging authorizations; air transport quantity limitations; and vessel stowage requirements. Some of the amendments resulted from coordination with Canada under the U.S.-Canada Regulatory Cooperation Council. Mandatory compliance set to begin on Jan. 1, 2018, unless otherwise specified. Get details here (pdf).

EPA Plans to Evaluate Grandfathered Chemicals That May Pose Risks

The EPA is developing a proposal of how it will prioritize and evaluate chemicals, given that the final processes must be in place within the first year of the new law’s enactment, or before June 22, 2017. The plan will address chemicals currently in the marketplace, some for 40 years or more, that have never been evaluated. When the Toxic Substances Control Act (TSCA) was enacted in 1976, it grandfathered in thousands of unevaluated chemicals that were in commerce at the time. That law did not provide EPA with tools to evaluate chemicals or require companies to generate and provide data on chemicals they produced. If EPA identifies unreasonable risk in the evaluation, it is required to eliminate that risk through regulations. Read more.

PHMSA Final Rule Requires Faster Notification Following Pipeline Accidents

Major OSHA Fines Top $5 Million in December, 2016

Federal OSHA inspectors ended 2016 with a bang, proposing fines of just over $5 million in 14 investigations with fines of $100,000 or more. The top citation accounted for just over half of the month's total. Common citations included machine guarding, lockout-tagout and PPE violations. Below are details on the top fines. Many are still pending final decisions.

$2.56 Million and SVEP after a fatality at an Alabama auto parts supplier

Following the crushing death of a worker in a robotic machine, OSHA cited 23 willful, serious and other-than-serious violations, including 19 egregious instance-by-instance willful violations, to Joon LLC, doing business as Ajin USA of Cusseta. OSHA also cited two staffing agencies - Alliance HR Inc., doing business as Alliance Total Solutions LLC and Joynus Staffing Corp. - for two serious safety violations each. Collectively, the three companies face $2,565,621 in penalties.

OSHA issued willful citations for:

• Failing to utilize energy control procedures to prevent machinery from starting up during maintenance and servicing.
• Exposing workers to caught-in, struck-by and crushing hazards by allowing them to enter a robotic cell without shutting down and securing hazardous stored energy according to safety procedures.
• Failing to provide safety locks to isolate hazardous energy.
• Exposing employees to crushing and amputation hazards due to improper machine guarding.

OSHA also issued two serious citations for exposing workers to laceration hazards and not installing effective shields or curtains on welding machines. The temp agencies received two serious citations for lockout-tagout failures. Read more here.
 

$342,059 for bloodborne pathogen hazards at a Maryland USPS facility

Following a complaint alleging employee exposure to blood and other potentially infectious bodily fluids while handling packages labeled as containing biological infectious materials,

Would OSHA Consider You a Competent Person?

OSHA requires that safety oversight be handled by a “competent person.” But what exactly does that mean? What makes an individual “competent” in OSHA’s eyes?

Although there are currently no specific OSHA standards regarding competent persons, a new article by the safety experts at Safety Management Group in Indianapolis helps answer that question.

The law defines a competent person as someone who is:

"capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them.”

So a competent person is someone who has the training and knowledge to identify workplace hazards and prevent accidents. But there's more – and it’s the most important part:

Don't Miss Feb. 1 Deadline for Posting Your OSHA 300A Summary

While much of the U.S. is focused on January 20, don't forget that February 1 is the deadline for posting the OSHA 300A Summary of Work-Related Injuries and Illnesses. Many employers with more than 10 employees are required to keep a record of serious work-related injuries and illnesses. This information helps employers, workers and OSHA evaluate the safety of a workplace, understand industry hazards and implement worker protections to reduce and eliminate hazards  - and prevent future workplace injuries and illnesses.

Maintaining and Posting Records

The records must be maintained at the worksite for at least five years. Each February through April, employers must post a summary of the injuries and illnesses recorded the previous year. Also, if requested, copies of the records must be provided to current and former employees, or their representatives.

OSHA Issues New Beryllium Rule that Drastically Cuts PELs

OSHA has issued a final rule dramatically limiting exposure to beryllium and beryllium compounds. The new rule contains standards for general industry, construction, and shipyards.

The rule cuts the eight-hour permissible exposure limit (PEL) from the current 2.0 micrograms per cubic meter to 0.2 micrograms. Above 0.2, employers must take steps to reduce the airborne concentration. The new rule also requires additional protections including personal protective equipment, medical exams, medical surveillance and training. The new standards take effect in March, with most compliance required by March 2018.

2017 State / Federal Labor Law Posters Now Available at ComplianceSigns.com

Across the U.S., employers are required to display state and federal labor / employment notices in a conspicuous location to help maintain compliance with state and federal labor posting requirements. Now employers and Human Resources professionals can order U.S.-made labor law posters from the same source they trust for top-quality safety and office signs: ComplianceSigns.com.

These 2017 employment posters combine state and federal notices into one easy-to-hang poster that displays up-to-date mandatory federal and state labor / employment notices for private industry or non-government entities. We've researched and developed posters for all 50 states plus the District of Columbia, and all have been reviewed by a licensed attorney. We've done the research so employers can use them with confidence.