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DuraLabel's Weekly Safety News

Blog Author Steve Hudgik

Weekly safety news. Stay in touch with what is happening at OSHA as well as other workplace safety news. Includes a report on the significant OSHA citations announced the previous week. Plus we scan national and local (and world) publications for workplace safety news. This is your source for the latest safety news.


Monday, November 19, 2012

Summary Of Significant OSHA Citations - Week Ending November 17th

A summary of OSHA significant citations with proposed fines over $100,000 announced during the week ending November 17th.

The following are based on a press releases from OSHA.

American Masonry in Chicago cited for exposing workers to lead dust ($196,000)
Williams and Davis Boilers cited for with repeat, willful and serious violations ($131,670)

OSHA cites Vann Energy Services in Nixon, TX following a fire ($246,000)

OSHA has cited Waclaw Cilulko, doing business as American Masonry Inc., for seven alleged willful health violations of OSHA's lead standards. An inspection of a commercial building site in Chicago that houses several art studios found workers exposed to excessive amounts of lead during sandblasting operations. Proposed penalties total $196,000.

The violations involve:
  • failing to implement a written lead compliance program
  • failing to provide personal protective equipment
  • failing to provide clean changing rooms or separate storage facilities for protective work clothing to prevent cross-contamination with street clothes
  • failing to vacuum and remove lead dust from the work site
  • failing to implement a medical surveillance program for all employees exposed to lead that includes initial monitoring and biological monitoring such as blood sampling
  • failing to implement a respirator protection program that includes fit testing and training
The citations can be viewed at http://www.osha.gov/ooc/citations/WaclawCilulko_dba_AmericanMasonry_422863_1106_12.pdf.

Chicago-based American Masonry Inc. performs masonry repair and stone setting. Waclaw Cilulko operates several similar companies in the Chicago area that have undergone 39 OSHA inspections since 1978, resulting in 137 cited violations. The companies operate as American Masonry Concepts Inc., American Masonry & Supply Inc., America's Best Masonry Inc., All American Masonry Inc., and American Masonry & Stucco Inc. The company has 15 business days from receipt of the 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.



OSHA has cited Williams and Davis Boilers Inc in Hutchins, Texas. with nine safety violations - including one willful, four repeat and four serious - for continuing to expose workers to fall and other hazards at the company's facility in Hutchins. Proposed penalties total $131,670.

A May inspection was conducted as a follow-up to another in July 2011.

The willful violation involves operating a 10-ton overhead crane without bridge brakes and failing to ensure that the crane had sufficient clearance to prevent the bridge from striking the building. 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.

The repeat violations include failing to
  • protect workers from fall hazards while jacketing boilers 4-10 feet above the floor
  • ensure that workers are trained to safely operate powered industrial trucks
  • ensure that workroom floors are kept clean and dry
  • keep pendent controls on overhead cranes clean so that the function labels are legible
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. Similar violations were cited during the 2011 inspection.

The serious violations include failing to:
  • ensure that personal protective equipment is designed and constructed for the work performed
  • implement confined space entry procedures for workers who perform welding duties inside de-aerators and boilers
  • establish energy control procedures for machinery with more than one energy source
  • ensure that powered industrial trucks are taken out of service when in need of repair
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.

The citations can be viewed at http://www.osha.gov/ooc/citations/Williams_and_Davis_Boilers_432852_1114_12.pdf.

The company has 15 business days from receipt of the citations and penalties to comply, request an informal conference with OSHA's Dallas area director or contest the findings before the independent Occupational Safety and Health Review Commission.



OSHA has cited Vann Energy Services LLC in Nixon with 13 safety and health violations – including two willful and three repeat – for exposing workers to flash fires and other hazards
. OSHA's Austin Area Office opened an inspection after two workers were injured by a fire that occurred in an oil and gas field tank. Proposed penalties total $246,000.

Inspectors found that the employer had failed to ensure that the air inside the tank was tested for flammable or toxic materials before providing employees with electrical equipment that is capable of causing a potentially flammable environment to ignite.

The repeat violations include:
  • failing to provide eye and face protection
  • failing to communicate chemical hazard information to workers
  • failing to protect flexible electric cords from damage
OSHA had cited the company for similar violations in August 2011.

One of the willful violations involves failing to implement a respiratory protection program that includes an evaluation of respiratory hazards, medical evaluations for workers, fit testing, training, and the proper means to clean and store the respirators. The other willful violation involves failing to implement a permit-required confined space entry program that includes atmospheric testing, proper written permits, a qualified attendant and rescue plans. 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.

Eight serious violations include:
  • failing to ensure that electrical equipment such as a portable lamp is approved for hazardous locations
  • failing to maintain electrical conductors and cords in a safe operating condition
  • failing to train workers on the proper use of personal protective equipment
  • failing to consult workers on confined space entry procedures
  • failing to maintain fire extinguishers in a proper working condition
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.

The citations can be viewed at http://www.osha.gov/ooc/citations/Vann_Energy_Services_315631143_11152012.pdf.

The company has 15 business days from receipt of the citations and penalties to comply, request an informal conference with OSHA's area director in Austin or contest the findings before the independent Occupational Safety and Health Review Commission.


Related Past Posts:
Summary of Significant OSHA Citations - Week Ending November 10th
Summary of Major OSHA Citations - Week Ending November 3rd
OSHA Citations - Week Ending October 27th

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posted by Steve Hudgik
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