Safe Workplace and Safety News

On May 21st the the Milwaukee Sentinel-Journal reported on eight OSHA citations issued against Palermo's pizza. The story stated:

"The U.S. Occupational Safety and Health Administration has issued seven "serious" violations and one "other-than-serious" violation against Palermo Villa Inc., a Milwaukee frozen pizza firm. The violations carry proposed penalties that could total $38,500."

"The OSHA violations were announced Tuesday in a news release by Voces de la Frontera, the immigrant rights group that's been organizing workers at Palermo's to form the Palermo's Workers Union, a move that's resulted in a bitter labor dispute."

Read the complete Sentinel-Journal  article here.

What has be raising a ruckus is that no other reporters have been able to find any information about these citations.  In a post on the WTMJ 620 Radio blog, several questions are raised pointing to the possibility that information was leaked by OSHA to the union.

The following is a compressed view of the results of a search of the OSHA web site for citations against any company with the word "Palermo" in their name.  Palermo Villa is listed once for a citation in 2010.  That citation is listed as having an informal settlement of $5,000.  No current citations are listed.


I'd like to note that I've found that searches of the OSHA web site do not always show the desired information. In an email exchange with OSHA earlier this year I was told that the information that gets posted is up to each regional office.  And I've found that some citations never seem to appear in searches of the OSHA site, although they can be found on the OSHA web site using other means.  So while the citation not showing up in a search is interesting, it is not necessarily a sign that the citations are not publicly available.  What is interesting is that the union is the only one reporting on these citations. All other news articles about it give the union press release as their source.

What do you think? Is there something going on between OSHA and unions?  Or is the OSHA web site just slow to make this news visible to the public?  Use the link below to add your comments.

Labels: OSHA Citations, safety politics

The following is from an OSHA press release:

Enercon Services Inc. has been ordered to pay $261,152.69 in back wages, compensatory damages and interest, plus attorney's fees, to a senior engineer following an investigation by OSHA which found the company violated the whistle-blower provisions of the Energy Reorganization Act.

OSHA found that Enercon wrongfully terminated a senior engineer for raising safety concerns during construction projects at the Wolf Creek Generating Station.

OSHA's investigation concluded that the civil and structural engineer was terminated Jan. 30, 2012 for reporting breaches of minimum soil coverage requirements for emergency service water piping and for refusing to provide Enercon Services an engineering justification for the use of concrete as backfill over the piping.

The Wichita Eagle reports that Enercon will appeal the finding.  According to the article Enercon issued a statement that saying that "Enercon 'objects to, and is appealing, the finding of reasonable cause issued by OSHA after its preliminary review,' and it welcomes 'a full hearing to establish that the termination was for legitimate business reasons, and not for reporting safety concerns.'"

The OSHA press release continued by stating:

The breaches occurred when a trench was dug to bury a grounding cable for a new security fence being constructed for the emergency service water pump house at Wolf Creek. The trench encroached on the minimum soil coverage requirement for the pipes, necessitating that it be backfilled to bring the plant back in compliance. The evidence shows that a manager for Enercon Services proposed to backfill the pipes with concrete before the arrival of NRC inspectors, but the engineer refused to implement the design change because he believed concrete fill was insufficient. The engineer was fired a few days later. Wolf Creek ultimately used cohesive soil as backfill over the pipes.

OSHA has ordered Enercon Services to reinstate the engineer to his former position with all pay, benefits and rights and pay back wages of $206,360, plus interest currently estimated at $4,142.69, compensatory damages of $50,650 and reasonable attorney fees. The ERA does not provide for an award of punitive damages.

Any party to these cases can file an appeal with the department's Office of Administrative Law Judges within 30 days of receipt of the findings.

Enercon Services Inc. provides engineering support services to nuclear facilities nationwide. Its headquarters are in Kennesaw, GA.

Companies providing services to nuclear power plants are subject to the ERA, and may not discharge any employee or otherwise discriminate against any employee with respect to his compensation, terms, conditions, or privileges of employment because the employee notified his employer of an alleged violation of the ERA or the Atomic Energy Act of l954.

OSHA enforces the whistle-blower provisions of the ERA and 21 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, worker safety, public transportation agency, 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.

Labels: Construction Safety, whistleblower

A regular news feature summarizing workplace safety related news.

We scan newspapers, magazines and the internet for safety news that isn't being reported elsewhere. The following are links to safety-related news and articles that came out during the past week. If you have any safety news tips, send them to: duralabelpro@gmail.com.

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Near-Miss Reporting:
A Missing Link in Safety Culture

An article in the ASSE Professional Safety journal looks at the importance of near miss reporting, the reasons why near misses are not reported, and how this vcan be changed. It starts by asking the question:

"Does your organization receive about 50 near-miss reports for every minor injury suffered by workers? If not, several significant barriers within the organization’s culture may be preventing the
organization from learning the lessons available from incidents that did not result in loss—at least not this time."

The article then describes the change that resulted when an effective near miss reporting program is implemented:

"At the start of the near-miss reporting improvement project, the number of near misses reported averaged one or two per month (or about 0.005 per employee). Three months after initiation of the project, that number increased nearly 40 fold (to about 0.2 near-misses reported per employee). This level has continued to climb to a current level of about 230 near-misses per week (or about 0.6 per employee), which is more than 100 times the rate when the program was launched."

Read the article here.

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Why Do Employees Make Bad Decisions?

In a blog post attorney Howard Mavity discusses using surveys to better understand the safety culture in their workplace. He points out that employers often are surprised at the results. He gives an example of "93% of construction employees in one survey said that their Company was currently at risk of an injury or death caused by one of five  avoidable workplace behaviors....

Get it Done
Un-discussable Incompetence
Just this Once
This is overboard
Are you a team player
And 50% said that they had already seen an injury or death caused by one of the above five issues..."

Read the blog post here.

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OSHA Moves Ahead On Workplace Violence

An article in Lexology notes that OSHA is suing an employer for an employee's claims that she was subjected to workplace violence concerns under the anti-retaliation provision of the OSH Act.  The article notes that "OSHA has been clear that one of its focuses for the upcoming year will be on workplace violence issues. However, these types of issues have not been defined by OSHA as dealing with what typically are considered to be employment discrimination types of issues."

The article then goes on to say, "All of these allegations appear to be claims of a hostile work environment, but is this really workplace violence and a true safety issue or a complaint that should have been pursued through the EEOC as a violation of Title VII of the Civil Rights Act of 1964?"

Read the article here.

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Related past posts:
Safety News Briefs - A Culture of Myths
Safety News Briefs - Tell OSHA To Get A Warrant
Safety News Briefs - Focus On Training

Labels: safety statistics, Safety Training, workplace safety

The following are summaries of safety news stories, with links to the stories, from locations outside the U.S. If you have news, or know of an important news story, please send it to duralabelpro@gmail.com.

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Numbers Glitch Caused Over-Count Of New Zealand's Workplace Fatalities

Double counting of some fatality accidents resulted in the official count of workplace fatalities in New Zealand being too high by 20% to 30% for more than a decade.  When there were multiple causes of a fatality, that fatality would be counted multiple times.

Read the story in the New Zealand Herald.

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Related Past Posts:
Safety News From Around The World - Women In Underground Mining
Safety News From Around The World - April 13th
Safety News From Around The World - March 30th

Labels: workplace fatalities

The following is a summary of recent OSHA and state OSHA significant citations. These are citations that have proposed fines over $100,000 and that were announced during the past week.

The following are based on a press releases from OSHA and other sources. Reports from states, such as California, Oregon and Wyoming, in which the state has responsibility for workplace safety enforcement are also included.

West Decatur, PA., Company Fined For Trenching Hazards ($178,860)
OSHA cites A.W.T. World Trade for 28 Safety Violations ($119,700)

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OSHA has cited Lumadue Excavating LLC for 12 safety violations involving trenching hazards.

OSHA initiated two inspections under a special emphasis program on trenching and excavation when inspectors found unprotected trenches at two different work sites-one was seven feet deep and the other more than five feet deep. Proposed penalties total $178,860.

Two willful violations, with $92,400 in penalties, involve failing to provide a protective system to prevent a trench cave-in. 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.

Five repeat violations, with $73,920 in penalties, involve:

• failing to instruct workers in the recognition and avoidance of hazardous conditions
• failing to provide a safe means of egress from trenches
• failing to ensure excavations are inspected daily by a competent person. 

A repeat violation is issued 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. Similar violations were cited in 2008 and 2009.

Because of the nature of the hazards and the violations cited, Lumadue has been placed in OSHA's Severe Violator Enforcement Program, which mandates targeted follow-up inspections to ensure compliance with the law. OSHA's SVEP focuses on recalcitrant employers that endanger workers by committing willful, repeat or failure-to-abate violations. Under the program, OSHA may inspect any of the employer's facilities if it has reasonable grounds to believe there are similar violations.

Additionally, three serious violations, which carry $12,540 in penalties, were cited for:

• the lack of reflective vests for workers exposed to vehicular traffic
• excavated material not placed farther than two feet from the edge of the trench

A serious citation is issued 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.

Two other-than-serious violations, carrying no penalties, involve the lack of a written hazard communication program and material safety data sheets. 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.

 Detailed information on safeguards for excavation and trenching is available at:
 http://www.osha.gov/SLTC/trenchingexcavation/index.html.

Lumadue has 15 business days from receipt of the citations to comply, request an informal conference with the OSHA area director in Wilkes-Barre, or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.

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OSHA has cited A.W.T. World Trade Inc. for 28 safety and health violations, including multiple violations of OSHA's flammable liquids and spray finishing standards. The complaint inspection was initiated at the Chicago printing machinery manufacturer on Nov. 14, 2012. The proposed penalties total $119,700.

A total of 27 serious safety and health violations were cited, including:

• a lack of a written hazard communication program
• not providing employees information and training on hazardous chemicals in the workplace
• a lack of machine guarding
• failure to ensure use of eye protection during welding operations
• failing to properly secure and store welding gas cylinders
• hazards associated with the use and storage of flammables used in spray finishing operations
• the interior surfaces of the spray paint booth being coated with excessive residues of flammable paints

Several other violations involved respirator protection standards, such as:

• the lack of a written respiratory protection program
• failing to select the proper respirator for the hazards present,
• improper storage and fit
• lack of medical evaluations for employees required to wear respirators
• failing to train workers in the proper use

Violations of electrical standards were also cited, including the use of flexible cords instead of fixed wiring, lack of strain relief and obstructing the space around electrical panels. 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, one other-than-serious health violation was cited for failing to verify that a required personal protective equipment assessment had been performed through a written certification. 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 citations may be viewed at:
http://www.osha.gov/ooc/citations/awt_world_tradeinc_738983_0510_13.pdf.

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

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Related Past Posts:
OSHA Significant Citations - Amerigas Safety Violations

OSHA Significant Citations - Collis Roofing
OSHA Significant Citation - Week Ending April 29th

Labels: Construction Safety, hazard communication, OSHA Citations

• Jeremy Bethancourt, co-owner and program director, Arizona Construction Training Alliance, ASSE, NSC, ABA.
• Letitia K. Davis, director, Occupational Health Surveillance Program, Massachusetts Department of Public Health, Boston, MA. (re-appointed)

• Sarah M. Coyne, executive assistant director, International Union of Painters and Allied Trades/Finishing Trades Institute, Elkridge, MD. (new)
• Roger Erickson, mobilization, optimization, stabilization and training administrator, International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, AFL-CIO, Kansas City, KS. (current)
• Walter A. Jones, occupational safety and health associate director, Laborers' Health and Safety Fund of North America, Washington, D.C. (current)
• Laurie A. Shadrick, training specialist, United Association of Plumbers and Pipefitters, Annapolis, MD. (re-appointed)
• Erich J. (Pete) Stafford, director, safety and health, Building and Construction Trades Department of the AFL-CIO, Silver Spring, MD. (re-appointed)

• Kristi K. Barber, president, Glen C. Barber and Associates Inc., Rapid City, S.D. (current)
• Kevin R. Cannon, safety and health services director, Associated General Contractors of America, Arlington, VA. (re-appointed)
• Thomas Marrero, national safety director, Tradesmen International, Inc., Macedonia, OH (re-appointed)
• Donald L. Pratt, president and CEO, Construction Education & Consulting Services of Michigan, Auburn, MI. (current)
• Jerry Rivera, national director of safety, National Electrical Contractors Association, Silver Spring, MD. (new)

• Steven D. Hawkins, assistant administrator, Tennessee Occupational Safety and Health Administration, Nashville, TN. (current)
• Charles Stribling, occupational safety and health federal-state coordinator, Kentucky Labor Cabinet, Department of Workplace Standards, Frankfort, KY. (re-appointed)

• Matt Gillen, construction program coordinator and senior scientist, Centers for Disease Control — National Institute for Occupational Safety and Health, Washington, D.C. (current)

Labels: Construction Safety, osha information

A regular news feature summarizing workplace safety related news.

We scan newspapers, magazines and the internet for safety news that isn't being reported elsewhere. The following are links to safety-related news and articles that came out during the past week. If you have any safety news tips, send them to: duralabelpro@gmail.com.

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Photo by Tagido

Is Your Employee Safety Incentive Program As Obsolete As The 8-track?

If you have an incentive program based on zero accidents or zero recordables, your safety and health incentive programs are no different than the eight-track tape.

All incentive programs start with good intentions. They are implemented to improve an organization’s safety and health programs and build a teamwork mentality. But, these programs can drift sideways very quickly, particularly when bonuses and/or promotions are involved.

Read the article in Knowledge At Work.

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House and Senate Looking To Expand The OSHA General Duty Clause

Bills in the House and Senate will expand the OSHA general duty clause to include employees who work for contractors and independent contractors at multi-employer worksites. The OSH Act currently only applies the general duty clause to a company's own employees.  Both bills modify the general duty clause to allow for per-employee, or instance-by-instance, citations under the OSHA egregious penalty policy.

Read the story in Western Farm Press.

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Photo by Brocken Inaglory

$2.5 Billion In Penalties

Both the state of California and the city of San Bruno are proposing to the California Public Utilities that PG&E stockholders be required to pay by $2,500,000,000 in penalties following a 2010 gas line explosion.

Read the story in the Washington Times

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A Culture Of Safety Myths

• Myth 1: Safety is our #1 priority
• Myth 2: All safety rules are in place for your protection
• Myth 3: We can eliminate all injuries n\by mistake-proofing our workplace
• Myth 4: All hazards are created equal
• Myth 5: Safety can be achieved through a program that encourages people to work more safely
• Myth 6: We will fire you for acting unsafely
• Myth 7: Comparing ourselves to industry average is useful for gauging our safety performance
• Myth 8: Our goal is zero injuries
• Myth 9: Some companies don't have a safety culture

Read the article in Fabricating and Metalworking magazine.

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OSHA Shifts Funds From Compliance Assistance To Protect Enforcement From Sequester,

OSHA has shifted funds around in their budget to spare the OSHA enforcement program from sequester cuts. OSHA cut $10.9 million from the program that provides employers free consultation services on how workplaces can comply with OSHA rules. That cut, and reductions earlier in the budget process, lowered the compliance budget to $61.4 million, down from the enacted budget of $76.4 million.

Read the story in BNA Bloomberg

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Zero Incident Goals Motivate Risk-Taking, Not Excellence

What do you want in safety? What are you trying to accomplish and why? Is the motivation to achieve the goal based on organizational or individual value? What does success and excellence look like, not just indicators and activities, but behaviorally, when you get there?

Definitions and terminology drive beliefs which affect decisions and behaviors at work and away. Is your goal to have zero incidents or successful beliefs and behaviors?

Read the article in ProAct Safety.

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MIT Study Concludes Government And Industry Must Work Together To Improve Working Conditions

An article in MIT News reports that the private-compliance approach to improving working conditions has not worked. Richard Locke, the head of MIT's Department of Political Science and deputy dean of the MIT Sloan School of Management, said, "It’s better than nothing, but it wasn’t leading to a significant and sustained improvement in working conditions or enforcement of labor rights in any of the supply chains that we studied."

“ "The private sector can only do so much, and certain issues are issues of citizenship rights, such as the freedom of association, and the freedom to bargain collectively,” Locke says. “You can’t enforce those rights one factory at a time or one supply chain at a time, or even one brand at a time. Those are territorially enforced rights, and only the sovereign states can do that."

Read the complete article here.

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Related past posts:
Safety News Briefs - Tell OSHA To Get A Warrant
Safety News Briefs - Focus On Training
Safety News Briefs - Week Ending April 15th

Labels: OSHA, Safety Award, safety management, Safety Training