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“Grain Bin Safety” – “Don’t Get Buried Alive….In An Instant” #GBSW17

Video From ABC TV Series “In An Instant”

Grain Bin Safety Week – 15 Tips to Keep You Safe

1.) Maintain grain quality (e.g. moisture, heat, etc)

2.) Never enter a bin without a “bin entry permit”

3.) Never enter a grain bin unless it is really truly necessary

4.) Never enter a grain bin alone – have an outside observer who can both see and hear you

5.) Most young teens do not have the experience, training or qualifications to help you.

6.) Time is of the essence – if you’re engulfed, it takes only 90 seconds for you to die

7.) The outside observer needs to have a sure quick method to contact emergency responders in an emergency

8.) Always lockout unloading equipment before entering (so they can’t be turned on by mistake)

9.) Always check oxygen (min 19.5%) and toxic/inflammable gas levels (phosphine CO2 dust etc) before entry

10.) Always, always use secure a lifeline (harness/rope/ladder) for everyone inside

11.) Ensure that there’s adequate lighting inside  People---Group-of-Firefighters Nationwide Agribusiness

12.) The lifesaving tip of last resort = cross your arms in front of your chest if you’re sinking – so that you can breathe

13.) Even during the most frantic times, never every risk your or anyone else’s life with a 5-minute shortcut

14.) Have a written plan for training and rescue

15.) The most important safety tip – train-and-practice often

Grain bin safety is such an important task that no one should take lightly. In addition to the tips above we want to share a fantastic contest with you that is going on now. Nominate your local fire department to win an invaluable grain bin rescue training and the rescue tube, brought to you by Nationwide Agribusiness.

Other great resources:

Learn more about our sponsor Nationwide Agribusiness on YouTube http://www.youtube.com/watch?v=p4zOjiKXz6o – and their website.

Download the “Safe Grain Bin Entry” PowerPoint Presentation Below!

Safe Grain Bin Entry

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“Confined Spaces – “What To Do Before You Enter” #ConfinedSpace #StayAlive

80% of fatalities happened in locations that had been previously entered by the same person who later died.

Each year, an average of 92 fatalities occurs from confined spaces locations due to asphyxiation, acute or chronic poisoning, or impairment.

But, what is a “confined space?”

A confined space is a space that:

  1. Is large enough and so arranged that an employee can bodily enter it;
  2. Has limited or restricted means for entry and exit;
  3. Is not designed for continuous employee occupancy.

Examples of confined spaces include:

  • Sewers
  • Storm drains
  • Water mains
  • Pits
  • And many more

Permit-required confined spaces include:

  • Contains or has the potential to contain a hazardous atmosphere
  • Contains a material with the potential to engulf someone who enters the space
  • Has an internal configuration that might cause an entrant to be trapped or asphyxiated
  • Contains any other recognized serious safety or health hazards

Here are some steps you can take to help ensure the safety of your workers.

1. Is This a Confined Space?

2. Is the Atmosphere Safe?

Testing must be done in several levels of the space because specific hazardous gases react differently to the rest of the atmosphere. Why? Hydrogen Sulfide is slightly heavier than air, while other dangerous gases such as methane may be lighter than air and rise to the top. Only by testing all levels of the tank you are about to enter can you be reasonably sure the atmosphere is acceptable for breathing.

3. How Do I Exit Safely?

Before you start thinking about entering, first make sure you can get back out. Meaning you have a rescue plan and are working with someone else who can provide for rescue.

If you don’t have a rescue plan, don’t enter.

4. How Do I Enter Safely?

Does the job or project require special equipment to get in and out of the space, such as a body harness?

5. Will The Atmosphere Stay Safe?

Once you’ve established that the atmosphere is safe to enter, you next have to know that it will stay that way. Which leads us to our next point.

6. Does the Space Need Ventilating?

If the air is found to be unsafe within the confined space because of existing fumes or gas, or if the work being done will contribute to a degradation of the breathable atmosphere, the space needs to be ventilated and you need to be using an air monitoring device.

7. Equipment Check

It’s important to check your equipment before beginning any sort of confined space entry work. Has your gas detector been bump-tested or recently calibrated? Have all lanyards and lifelines been checked for wear? Have harnesses been properly stored?

8. Lighting

Confined spaces are often cramped, dark and awkwardly shaped. A well-lit worksite helps workers avoid injury.

9. Communication

Radios are a great way to stay connected with workers, but also keep in mind that, nothing can replace having a standby worker positioned at the exit when workers are in a confined space. This tried and true system allows the outside person not only to communicate with workers within the space but also to call for help if it is needed.

10. Are you and your crew up to the task?

Can each team member be relied upon in a life-threatening situation?

This list is not meant to be comprehensive, check the OSHA Standards for that.

Stop to consider the dangers before you enter, and be mindful that confined spaces can become dangerous after you have entered.

Source: Vivid Learning Systems – Safety Toolbox

“Workplace Injuries By The Numbers” – Infographic” #Injuries #Workplace

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“BLS: On-The-Job Deaths At Highest Level Since 2008″​

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A total of 4,836 deaths due to workplace injuries occurred in 2015 – a 0.3 percent increase over 2014 and the most since 5,214 workers died in 2008, according to data released Dec. 16t, 2016 by the Bureau of Labor Statistics.

Other highlights from the 2015 Census of Fatal Occupational Injuries:

  • The 903 deaths among Hispanic or Latino workers and 495 deaths among African-American workers were the most since 2007 and 2008, respectively.
  • 650 deaths occurred among workers age 65 and older – the second-highest total among this demographic since the Census of Fatal Occupational Injuries began in 1992.
  • Roadway incident fatalities climbed 9 percent to 1,264, accounting for 26 percent of all fatal work-related injuries in 2015.
  • The private construction industry recorded 937 deaths, the highest total since 975 in 2008.
  • Heavy and tractor-trailer truck drivers experienced 745 fatal injuries, the most of any occupation.
  • Fatal injuries among private oil and gas extraction workers were 38 percent lower in 2015 than 2014.
  • The states with the highest number of worker deaths were Texas with 527, followed by California with 388, Florida with 272 and New York with 236.

Although the overall rate of fatal workplace injuries fell to 3.38 per 100,000 in 2015 from 3.43 per 100,000 in 2014, the rise in the number of fatalities alarmed officials.

“These numbers underscore the urgent need for employers to provide a safe workplace for their employees as the law requires,” Secretary of Labor Thomas Perez said in a press release. “We have a moral responsibility to make sure that workers who showed up to work today are still alive to punch the clock tomorrow.”

Meanwhile, AFL-CIO Director of Safety and Health Peg Seminario sounded a warning for the future. “The bottom line is that working people in this country need more safety and health protection – not less,” Seminario said in a statement. “The new administration’s actions on worker safety will be an important measure of whether they are keeping their campaign promises to improve the lives of workers.”

My take on this: If only companies and others would look at their own safety program or investigate how a proactive, hands on,”on the floor”, employee mentoring, workplace safety professional (Like I am and have done) can not only build a great safety culture, but also save them 100K to 500K or more per year in cost savings from WC to PPE and Company Insurance coverage. Then, these overall negative numbers and exposure would be much lower. 

We’ll just have to see if the regulations cutback does happen and to what degree and adapt if necessary. There’s always a way to get the job done and improve safety at any workplace. – Jack Benton, CDS

“The True Cost Of Work Related Injuries – Accidents Cost More Than People Realize!”

The True Cost Of Work Related Injuries – An infographic by the team at SafetyVideos.com

“Why Lock-Out, Tag-Out IS Vitally Important” #LOTO #Safety

Caution: Somewhat Graphic Photo – Note: This Photo is the property of Jack Benton, and may not be used without written consent!

Why LOTO is Vitally Important 3

Why LOTO is Vitally Important 

Note: The photo above is not intended for page views or shock value as I don’t believe that those methods truly teach you anything in and of themselves. I don’t know the particulars of the above accident, but I do know that the lack of a proper lock out – tag out (control of hazardous energy) policy and procedure contributed to the accident.

This is always on OSHA’s Top 10 Violations list on a yearly basis, typically coming in at number 2 each year in the total number of times cited. Please use the training information below to keep your employees safe and involved in this process at your workplace.

Remember to AUDIT your procedures more than once per year. LOTO can be a difficult procedure especially when your job or facility has large manufacturing equipment such as a multi-employee operated mile long paper mill versus many single employee operated machines.

Hopefully, the Temp Worker Without LOTO Training who lost his life on the first day of his new job and the LOTO Webinar below, as well as the other resources further down the page will help you to put together an appropriate LOTO policy and procedure for your company.

Ninety minutes into his first day on the first job of his life, Day Davis was called over to help at Palletizer No. 4 at the Bacardi bottling plant in Jacksonville, Fla. What happened next is an all-too-common story for temp workers working in blue-collar industries. Read the investigation: http://www.propublica.org/article/tem..

The Control of Hazardous Energy (Lockout/Tagout) Full Webinar 2016

What is hazardous energy?

Energy sources including electrical, mechanical, hydraulic, pneumatic, chemical, thermal, or other sources in machines and equipment can be hazardous to workers. During the servicing and maintenance of machines and equipment, the unexpected startup or release of stored energy can result in serious injury or death to workers.

What are the harmful effects of hazardous energy?

Workers servicing or maintaining machines or equipment may be seriously injured or killed if hazardous energy is not properly controlled. Injuries resulting from the failure to control hazardous energy during maintenance activities can be serious or fatal! Injuries may include electrocution, burns, crushing, cutting, lacerating, amputating, or fracturing body parts, and others.

  • A steam valve is automatically turned on burning workers who are repairing a downstream connection in the piping.
  • A jammed conveyor system suddenly releases, crushing a worker who is trying to clear the jam.
  • Internal wiring on a piece of factory equipment electrically shorts, shocking worker who is repairing the equipment.

Craft workers, electricians, machine operators, and laborers are among the 3 million workers who service equipment routinely and face the greatest risk of injury. Workers injured on the job from exposure to hazardous energy lose an average of 24 workdays for recuperation.

What can be done to control hazardous energy?

Failure to control hazardous energy accounts for nearly 10 percent of the serious accidents in many industries. Proper lockout/tagout (LOTO) practices and procedures safeguard workers from hazardous energy releases. OSHA’s Lockout/Tagout Fact Sheet* describes the practices and procedures necessary to disable machinery or equipment to prevent hazardous energy release. The OSHA standard for The Control of Hazardous Energy (Lockout/Tagout) (29 CFR 1910.147) for general industry outlines measures for controlling different types of hazardous energy. The LOTO standard establishes the employer’s responsibility to protect workers from hazardous energy. Employers are also required to train each worker to ensure that they know, understand, and are able to follow the applicable provisions of the hazardous energy control procedures:

  • Proper lockout/tagout (LOTO) practices and procedures safeguard workers from the release of hazardous energy. The OSHA standard for The Control of Hazardous Energy (Lockout/Tagout) (29 CFR 1910.147) for general industry, outlines specific action and procedures for addressing and controlling hazardous energy during servicing and maintenance of machines and equipment. Employers are also required to train each worker to ensure that they know, understand, and are able to follow the applicable provisions of the hazardous energy control procedures. Workers must be trained in the purpose and function of the energy control program and have the knowledge and skills required for the safe application, usage and removal of the energy control devices.
  • All employees who work in an area where energy control procedure(s) are utilized need to be instructed in the purpose and use of the energy control procedure(s), especially prohibition against attempting to restart or reenergize machines or other equipment that are locked or tagged out.
  • All employees who are authorized to lockout machines or equipment and perform the service and maintenance operations need to be trained in recognition of applicable hazardous energy sources in the workplace, the type and magnitude of energy found in the workplace, and the means and methods of isolating and/or controlling the energy.
  • Specific procedures and limitations relating to tagout systems where they are allowed.
  • Retraining of all employees to maintain proficiency or introduce new or changed control methods.

OSHA’s Lockout/Tagout Fact Sheet* describes the practices and procedures necessary to disable machinery or equipment to prevent the release of hazardous energy.

The control of hazardous energy is also addressed in a number of other OSHA standards, including Marine Terminals (1917 Subpart C), Safety and Health Regulations for Longshoring (1918 Subpart G), Safety and Health Regulations for Construction; Electrical (1926 Subpart K), Concrete and Masonry Construction (1926 Subpart Q), Electric Power Transmission and Distribution (1926 Subpart V), and General Industry; Electrical (1910 Subpart S), Special Industries (1910 Subpart R), and Electric Power Generation, Transmission and Distribution (1910.269).

Highlights
  • Lockout-Tagout Interactive Training Program. OSHA eTool. Interactive tool to provide the user with an in-depth understanding of the LOTO standard, with three components: Tutorial, Hot Topics, and Case Studies.
  • Construction. OSHA eTool. Helps workers identify and control the hazards, including electrical hazards, that commonly cause the most serious construction injuries.
    • Electrical Incidents. Landing page for Electrical Incidents subpage of the Construction eTool, which identifies electrical hazards and recommends preventive measures.
  • Electric Power Generation, Transmission, and Distribution. OSHA eTool, (January, 2010). Assists workers in identifying and controlling workplace hazards.
Lockout/Tagout Concepts
Lockout/Tagout Program

Example elements of a lockout/tagout (LOTO) program are described in the OSHA standard for the control of hazardous energy (29 CFR 1910.147), along with these additional references.

Other Resources
Training
  • Lockout-Tagout Interactive Training Program. OSHA eTool. Interactive tool to provide the user with an in-depth understanding of the LOTO standard, with three components: Tutorial, Hot Topics, and Case Studies.
    • Case Studies. Presents a series of case studies for review, followed by related questions. Each of the case studies is based on descriptions of LOTO inspections derived from compliance interpretations, court decisions, Review Commission decisions, and inspection files.
  • Small Business Handbook (PDF). OSHA Publication 2209, (2005). Handbook is provided to owners, proprietors and managers of small businesses to assure the safety and health of workers.
  • Lockout/Tagout. National Ag Safety Database (NASD) Research Publications-11. Brief publication providing an overview of lockout/tagout, California laws and regulations, and training materials.
Additional Information
  • Fatality and Catastrophe Investigation Summaries. OSHA. Enables the user to search the text of Accident Investigation Summaries (OSHA-170 form) for words that may be contained in the text of the abstract or accident description.
  • Z244 Committee Information. American Society of Safety Engineers (ASSE).
  • Safety Alert: Control of Hazardous Energy – Lockout/Tagout (LO/TO) Procedures in Shipyard Employment*. OSHA and Shipbuilders Council of America, National Shipbuilding Research Program, and American Shipbuilding Association Alliances (now the Shipbuilding Group Alliance) and the American Industrial Hygiene Association and American Society of Safety Engineers Alliances, (February 2009). Safety Alert Fact Sheet that provides information on how to protect employees from hazardous energy. Also available in Spanish*.
  • Safety Alert: Electrocution and Shock Hazards in Shipyard Employment*. OSHA and Shipbuilders Council of America, National Shipbuilding Research Program, and American Shipbuilding Association Alliances (now the Shipbuilding Group Alliance) and the American Industrial Hygiene Association and American Society of Safety Engineers Alliances, (February 2008). Safety Alert Fact Sheet that provides information on how to protect employees from electrocution and shock hazards. Also available in Spanish*.
Related Safety and Health Topics

“OSHA’s Wall Of Shame – With Limited Staff, Agency Targets “Severe Violators”

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Source: FairWarning.org – By Paul Feldman and Stuart Silverstein

Soon after beginning their cleanup of a fume-filled tanker car at an Omaha, Nebraska rail maintenance yard, Adrian LaPour and Dallas Foulk were dead.

An explosion that April 2015 afternoon trapped LaPour in a flash fire inside the car and hurled Foulk out the top to his death.

Six months later their employer, Nebraska Railcar Cleaning Services, was hammered by the U.S. Occupational Safety and Health Administration with seven citations for “egregious, willful” workplace violations, along with 26 other charges. The agency proposed fines of nearly $1 million. To top it off, OSHA announced that it was tossing the company into its Severe Violator Enforcement Program, or SVEP.

Six years into the severe violator program – arguably the broadest workplace safety initiative launched during the Obama administration – more than 500 businesses are on its list of bad actors. They include corporate giants such as DuPont and International Paper, each with tens of thousands of employees, as well as more than 300 construction firms, many with fewer than a dozen workers.

Just last week an auto parts maker in Alabama, Ajiin USA, was labeled a severe violator and hit with proposed fines of $2.5 million related to the June death of a 20-year old worker. Regina Allen Elsea, who was two weeks away from getting married, was crushed when a robotic machine she was doing maintenance on abruptly restarted. Ajiin, which supplies automakers Kia and Hyundai, said in a statement it will continue to cooperate with OSHA and that “safety has always been our guiding principle.”

Along with subjecting employers to a form of public shaming, the severe violator program helps OSHA work out settlements intended to force companies to clean up their job safety practices. The program, which replaced a George W. Bush administration initiative that an inspector general’s audit derided as ineffectual, also can result in extra inspections, sometimes at multiple sites, and force companies to hire new safety personnel. The effort, though, faces an uncertain future under the Trump administration.

The severe violator list represents an attempt to deal with an overwhelming regulatory challenge. With OSHA and its state counterparts relying on fewer than 1,850 inspectors to monitor about 8 million workplaces, it would take federal officials 145 years to inspect each job site once, union researchers estimate. The aim of the list is to let OSHA’s limited staff zero in on some of the worst offenders.

David Michaels, the assistant secretary of labor in charge of OSHA, said in an interview with FairWarning that “even if we doubled our inspectors, we would still be able to only get to a small portion of employers. And so we need tools like SVEP, which extend our capabilities and encourage more employers to do the right thing even without inspections.”

But the targeted nature of the program creates a Catch-22. The death of a worker is clearly the worst thing that can happen at a job site. Yet with about 4,800 workplace fatalities a year nationally, putting every company with a death on the severe violator list would overwhelm OSHA and defeat the goal of tougher enforcement for a subset of the worst offenders. For that reason, the death of a worker will put a company on the list only if the circumstances are particularly flagrant or reflect a pattern of reckless conduct. In 2015 only one out of every roughly 200 employers with an on-the-job fatality landed on the list.

At the same time, it’s not certain that the program has effectively deterred recalcitrant employers, as OSHA lacks any comprehensive assessment of its performance. For evidence of the impact, OSHA officials point to settlements they have reached with companies on the list. “There hasn’t been a really good objective evaluation,” said MIT Professor Thomas A. Kochan, co-director of MIT’s Institute for Work and Employment Research.

One critic, John Newquist, (a LinkedIn connection of mine) and former OSHA official in Chicago, said his sense is that among employers, “There’s no fear of OSHA at all.”

Michaels, who will leave the agency by the January 20, 2017, presidential inauguration, expressed hope that the Trump administration won’t dismantle the severe violator effort or other enforcement initiatives. He said tough enforcement protects responsible employers because it “levels the playing field” between them and competitors who skimp on safety. Still, the anti-regulation views of Trump cabinet picks including Andrew Puzder, the president-elect’s choice for labor secretary, are raising expectations of cutbacks in workplace enforcement.

Nebraska Railcar –- currently the target, several sources say, of a Justice Department criminal investigation of last year’s explosion –- highlights how long it can take a wayward company to be put into the severe violator program. Jacob Mack, who worked for the company in 2013, says he told OSHA about brutal conditions long before the deadly blast. “Not a day goes by I don’t remember the hell there,” Mack said.

The company wasn’t listed until after the explosion even though it, as well as other businesses controlled by Nebraska Railcar’s majority owner, Steven Braithwaite, had repeatedly been cited by OSHA dating back to 2005. That includes a 2013 citation involving a fire risk from oil storage tanks. Nebraska Railcar stayed off the list, though, partly because its prior violations didn’t involve hazards the agency deemed high-priority, such as falls, amputations, cave-ins and exposure to toxic chemicals.

(Nebraska Railcar is contesting its current OSHA citations, as are other companies cited in this story that haven’t reached a settlement with the agency. Nebraska Railcar and most of the other companies have not responded to requests for comment.)

Case Farms, a leading poultry processor with plants in Ohio and North Carolina, finally landed on the list in 2015 after being cited for more than 350 violations over a 25-year period, according to OSHA. The case, which processes nearly 3 million chickens a week for fast food chains and supermarkets, last year was fined $861,500 for 55 violations, including amputation and fall hazards, at its Winesburg, Ohio, plant.

Sometimes disaster has struck even after companies were put in the program. One such case, in October, spurred a public outcry in Boston. Two laborers working for Atlantic Drain Service died after being trapped in a trench that was inundated by water, dirt, and debris after a pipe burst. Atlantic Drain had been on the severe violator list since 2012.

The October deaths “were entirely preventable,” The Boston Globe wrote in an editorial, “had city and state officials taken minimal steps to investigate the construction company before issuing permits.”

Whatever the shortcomings of the severe violator program, labor advocates say, the wide range of companies it snares -– and the number and gravity of their violations -– underscore its importance and the need to protect workers from callous bosses. OSHA’s other options are limited. The agency lacks the authority to shut down dangerous workplaces and its fines generally remain modest despite an increase that took effect in August.

“OSHA is one-eighth the size of the EPA, it has the lowest penalties of almost any government agency – but even though it is small, it is critical that enforcement is maintained,” said Deborah Berkowitz, the OSHA chief of staff from 2009 to 2013. The severe violator list, she conceded, is “not an end-all tool,” but an important tool.

An example OSHA officials point to is Ashley Furniture, the nation’s largest retailer of home furnishings. It was listed last year after being cited for 38 violations, 12 of them willful, and assessed $1.76 million in fines. Inspections showed more than 1,000 work-related injuries in less than four years at its plant in Arcadia, Wisconsin.

Over 100 of the injuries took place on similar woodworking machines, including a July 2014 incident in which a worker lost three fingers. In June, the privately held firm settled the case, agreeing to pay penalties of $1.75 million and to adopt safety measures in Arcadia and at three other plants in Wisconsin and Mississippi.

Some corporate defense lawyers say being labeled a “severe violator” is such a black eye that it strongly motivates companies to avoid trouble with OSHA. However, they criticize the program for lacking due process, because companies are labeled severe violators even as they appeal citations.

“You are dumped into SVEP essentially the day that the citations are issued and a citation is nothing more than an allegation,” said Eric J. Conn, a Washington, D.C.-based attorney who specializes in OSHA defense cases. “Having the federal agency that is responsible for safety and health branding that employer as a bad actor … absolutely has significant consequences to the employer’s business.”

In the meantime, corporate lawyers say, competitors or critics can take advantage of the situation. If residents near a listed site “don’t like your company, to begin with, this is more ammunition they can use to go to a zoning board to block permits for expansion,” said Adele Abrams, a Washington, D.C.-based attorney.

On-the-job deaths can keep companies in the program for years. DuPont was listed after four workers at its La Porte, Texas, chemical plant died of asphyxiation in 2014. The disaster occurred after a supply line released more than 20,000 pounds of deadly methyl mercaptan gas. The company, which manufactures pesticides at the Texas plant, was assessed $273,000 for eight OSHA violations. DuPont said it couldn’t comment because it is appealing its case.

AMF Bowling Centers, Inc. has been on the list since 2011, when a worker at its lanes in Addison, Texas, was fatally pulled into an automatic pin-setting machine while trying to clear a jam. OSHA had previously cited AMF in 2007 and 2008 for failing to provide proper machine guarding on pinsetters. The case was settled, with AMF agreeing to pay more than $90,000 in penalties.

Oil services giant Nabors Completion and Production Services Co. was listed following the death of welder Dustin Payne, a 28-year-old former Marine who served in Iraq and Afghanistan. He was killed in a 2014 explosion when vapors ignited inside a tank he was welding in North Dakota.

Houston-based Nabors, which boasts of operating the world’s largest land-based drilling rig fleet, was assessed $97,200 in fines and charged with a willful violation for not having thoroughly cleaned the tank of oil residue before sending Payne in.

“Dustin Payne and his fiancée should be discussing marriage and their future together. Instead, she is left stricken and trying to move forward without him,” Eric Brooks, OSHA’s area director in Bismarck, N.D., said in a news release.

International Paper Co. was added to the list last year after a 57-year-old mechanic was killed in a fire while replacing filter bags in machinery at its Ticonderoga, N.Y., plant. The bags contained combustible dust that ignited.

In assessing $211,000 in fines, OSHA said the company had failed to supply fire-resistant clothing or adequate training. The firm had previously been cited for failing to conduct annual inspections of ignitable equipment at company sites in Chicago and Newark, Ohio.

Although big companies draw the most widespread attention, the employers most commonly labeled severe violators are small construction firms with high emphasis hazards related to falls or excavation cave-ins. Yet small construction firms often elude the follow-up inspections that are supposed to be a key feature of the program.

A FairWarning analysis of the current list of 523 severe violators found that 167 had not been re-inspected, and almost all were construction firms. In many cases, the firms had shut down their worksites or went out of business before inspectors could return.

Eric Frumin, safety and health director of the union coalition Change to Win, said given the way the industry operates, OSHA can be “powerless to find and vigorously confront the worst actors.”

A trench collapse last year in New York that put a construction firm on the list also led to criminal charges. The cave-in collapse in lower Manhattan buried Carlos Moncayo, 22, under tons of dirt. His employer, Sky Materials Corp. of Maspeth, was fined $140,000 and listed for willfully failing to provide cave-in protection

Last month, Sky’s site foreman was convicted of criminally negligent homicide in the death of Moncayo, one of at least 18 New York City construction workers who died on the job in 2015. The project’s general contractor, Harco Construction LLC, was convicted of manslaughter and criminally negligent homicide in June.

Deadly incidents also have brought rail tank car cleaning companies into the program. At Nebraska Railcar, the disaster came soon after the workers returned from a lunch break and started digging out thick residue from an oil tanker. The lone survivor among the three employees working on the tanker, Joe Coschka, 36, said he was just outside the car, lowering buckets of the blacktop like material into a 55-gallon drum.

Coschka said the odor from inside the tanker was powerful, and that an air monitor was beeping. Even so, he said he assumed a supervisor who should have known better than him whether the air was a hazard, should have informed workers to evacuate the tank car immediately.

Soon Coschka heard a loud hiss, and then sparks started shooting out of the tanker. The next thing he remembers is dangling from the side of the car, still attached to his safety harness, with a fire raging inside. “And I knew Adrian was in there, and Dallas was looking pretty bad on the ground. I just knew I had to get out of there,” said Coschka. He managed to scramble to safety despite suffering back and shoulder injuries.

Coschka remains haunted by the disaster. Although he sometimes blames himself for not questioning the foreman who sent the workers into the tanker car, most of his anger is aimed at Braithwaite, the main owner of the business. He said he wishes the tougher OSHA actions had come sooner. Referring to the years of citations against Braithwaite’s companies, Coshka added: “It’s just sad because this guy dropped the ball so many times and he just keeps getting away with it.” Coschka had started at Nebraska Railcar only a month earlier.

Source: FairWarning.org – By Paul Feldman and Stuart Silverstein

“MSHA Awards $1 Million Dollars In 2016 Brookwood-Sago Training Grants”

Funding will foster mine rescue training, mine emergency preparedness

ARLINGTON, Va. – The U.S. Department of Labor’s Mine Safety and Health Administration announced today it has awarded $1 million to six organizations to develop training programs and materials that support mine rescue and mine emergency preparedness for underground mines.

A provision in the Mine Improvement and New Emergency Response Act of 2006 established the Brookwood-Sago grant program to promote mine safety while honoring the 25 men who died in Brookwood, Alabama, in 2001 at the Jim Walter Resources #5 mine, and in Buchannon, West Virginia, in 2006 at the Sago Mine.

The recipients of the 2016 grants are as follows:

–The Colorado School of Mines in Golden is receiving $240,024 in funding to provide quality training to mine rescue teams. The training will focus on enhancing the knowledge and skills for mine rescue teams and incident command staff in the areas of technical rescue, communications and decision making during mine emergencies.

Rend Lake College in Ina, Illinois, is receiving $133,240 in funding to provide training to mine rescue officials and mine rescue teams, with a focus on mine fire brigade training and increased preparedness for those participating for mine emergencies.

–The Colorado Department of Natural Resources in Denver is receiving $217,877 in funding to provide advanced mine rescue skills training for all underground mines and mine emergency prevention in Colorado.

–The University of Arizona in Tucson is receiving $187,054 in funding to improve self-escape skills in response to underground mine emergency events by use of virtual reality gaming.

–The Virginia Department of Mines, Minerals and Energy in Big Stone Gap is receiving $50,000 in funding to develop training materials and provide training on mine emergency preparedness and mine emergency prevention.

West Virginia University in Morgantown is receiving $171,805 in funding to foster the development and implementation of enhanced and realistic mine rescue training exercises that combine the efforts and abilities of a mine rescue team and fire brigade responding to a simulated coal mine fire emergency and locating missing personnel.

# # #

Media Contact:

Amy Louviere, 202-693-9423, louviere.amy@dol.gov

Release Number: 16-1974-NAT

“Regulated Industry Successfully Challenges New OSHA Process Safety Management Enforcement Policies”

On September 23, 2016, the D.C. Court of Appeals ruled that the Occupational Safety and Health Administration (OSHA) wrongfully adopted new safety requirements for fertilizer dealers who have to comply with the Process Safety Management Standard. Specifically, OSHA improperly issued a memorandum redefining the “retail facility” exemption and did not allow fertilizer dealers to comment on the new rules.

OSHA has promulgated a Process Safety Management (PSM) standard that implements certain requirements for employers to protect the safety of those who work with or near highly hazardous chemicals, and help prevent unexpected releases of such chemicals. Traditionally, retail establishments do not have to comply with the PSM standard because hazardous chemicals are present only in small volumes in such instances.

Following a 2013 explosion at a West Texas Fertilizer facility (videos above) that left 15 people dead after a large amount of ammonium nitrate caught fire, OSHA issued an enforcement memorandum expanding the scope of the PSM standard to cover more retail establishments, including agricultural dealers who sell anhydrous ammonia to farmers. Yet OSHA did this without requesting comments from the public or industry.

Working with legal counsel, the Agricultural Retailers Association (ARA) and The Fertilizer Institute organized a successful lawsuit challenging the new rule. The D.C. Court of Appeals ruled that OSHA violated the Occupational Safety and Health Act when it issued the enforcement memorandum, finding that OSHA had engaged in rulemaking, and was thus bound to solicit comments from the public and industry. As a result of the successful lawsuit, ag retailers do not have to comply with the PSM standard until OSHA receives comments from the public and industry regarding the proposed changes to the PSM standard, which could take several years to finalize.

Commenting on the decision, Harold Cooper, chairman of the ARA, said that “[a]s an industry, ag retailers tend to be complacent about regulations that come our way. We keep our heads down and do what’s required,” he said. “But this rule would have limited farmers’ and retailers’ options through an agency’s improper regulatory overreach. Thankfully, ARA was uniquely prepared and positioned to defend our industry. They gave us a vehicle to fight and win this battle.”

The court’s ruling will make it more difficult in the future for OSHA to issue de facto standards without undertaking proper rulemaking procedures and soliciting comments from the public. Companies should proactively work with skilled legal counsel who can assist on rulemaking processes that impact workplace health and safety.

Source: 9/27/2016 by Daniel BirnbaumMichael Taylor  | BakerHostetler

 

 

 

 

 

“Grain Bin Safety” – “Don’t Get Buried Alive….In An Instant”

Video From ABC TV Series “In An Instant”

Grain Bin Safety Week – 15 Tips to Keep You Safe

1.) Maintain grain quality (e.g. moisture, heat, etc)

2.) Never enter a bin without a “bin entry permit”

3.) Never enter a grain bin unless it is really truly necessary

4.) Never enter a grain bin alone – have an outside observer who can both see and hear you

5.) Most young teens do not have the experience, training or qualifications to help you.

6.) Time is of the essence – if you’re engulfed, it takes only 90 seconds for you to die

7.) The outside observer needs to have a sure quick method to contact emergency responders in an emergency

8.) Always lockout unloading equipment before entering (so they can’t be turned on by mistake)

9.) Always check oxygen (min 19.5%) and toxic/inflammable gas levels (phosphine CO2 dust etc) before entry

10.) Always, always use secure a lifeline (harness/rope/ladder) for everyone inside

11.) Ensure that there’s adequate lighting inside  People---Group-of-Firefighters Nationwide Agribusiness

12.) The lifesaving tip of last resort = cross your arms in front of your chest if you’re sinking – so that you can breathe

13.) Even during the most frantic times, never every risk your or anyone else’s life with a 5-minute shortcut

14.) Have a written plan for training and rescue

15.) The most important safety tip – train-and-practice often

Grain bin safety is such an important task that no one should take lightly. In addition to the tips above we want to share a fantastic contest with you that is going on now. Nominate your local fire department to win an invaluable grain bin rescue training and the rescue tube, brought to you by Nationwide Agribusiness.

Other great resources:

Learn more about our sponsor Nationwide Agribusiness on YouTube http://www.youtube.com/watch?v=p4zOjiKXz6o – and their website.

Download the “Safe Grain Bin Entry” PowerPoint Presentation Below!

Safe Grain Bin Entry

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