OSHA Cites American Biltrite for Worker Fatality

OSHA has cited Massachusetts-based American Biltrite Inc. for work-safety and health violations that have resulted in the death of one of its employees. The victim, according to a subsequent OSHA investigation, was crushed in a coating machine while trying to fix a jammed equipment. OSHA pointed to the company’s failure to use "lockout/tagout" procedures before letting the worker work within the machine's danger area as the violation that led to the victim’s death. OSHA proposed penalties totaling $51,300.

Although OSHA 10 hour training and OSHA 30 course (both online OSHA training) are now pre-employment requirements, many workers are still exposed to unnecessary worksite hazards because of employer negligence, ignorance, or plain disregard of applicable safety protocols.

The company actually committed several serious violations and one repeat violation. The serious violations included: failure to put in place a lockout/tagout program for the equipment power sources; failure to provide adequate working area around electrical equipment; and failure to ensure that equipment guards were in place to prevent workers from coming into contact with moving parts.

The repeat violation involved allowing Class I flammable liquids to be decanted into containers without electrical continuity between the container and the nozzle, which elevates the risk of ignition. American Biltrite was cited for the same violation in 2010. 

"This company continues to compromise the safety of its workers by disregarding OSHA's safety and health standards," lamented Paula Dixon-Roderick, director of the OSHA Marlton Area office. "Employers are responsible for ensuring safe and healthful workplaces, and will be held legally accountable when they fail to do so."

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Safety Violations and a New Industry Alliance

For a company’s failure to ensure that a shear was kept in good working condition, one of its workers has lost an arm and the company has been cited for workplace safety violations by OSHA.

Polymerics Inc., a rubber-manufacturing facility in Cuyahoga Falls and Kent, Ohio, was actually found guilty of four safety violations, including a willful violation that caused the accidental amputation.

Knowledge of OSHA safety requirements is required by law and OSHA training is now mandatory in many states. Most employers now require for employment OSHA 30 certification (for supervisors) and OSHA 10 hour training (for workers), and 40 Hour HAZWOPER training (in certain worksites) to improve safety and health conditions at worksites.

Following a complaint alleging a malfunctioning safety pin on a hydraulic shear machine, OSHA conducted an investigation in August 2011 and was able to verify the complaint. OSHA explained that a willful violation constitutes an “intentional, knowing or voluntary disregard for the law's requirements, or plain indifference to employee safety and health.”

OSHA's Cleveland area director, Howard Eberts, said that "Failing to ensure that safety mechanisms on hazardous machines are working properly demonstrates a lack of regard for employees' safety and health."

In addition, OSHA cited Polymerics for one repeat violation for its failure to do the mandatory yearly review of lockout/tagout procedures, and for two serious violations for its failures to orient its employees on hazardous chemicals and to train workers in machine-specific lockout/tagout procedures. OSHA proposed fines totaling $74,900.
OSHA is remedying such lapses in several creative ways, one of which involves creating alliances with players in the industry.

OSHA announced this January 2012 that it has renewed its alliance with the American Pipeline Contractors Association (APCA) to line up with its objectives of protecting workers from work hazards associated with trenching and excavation, hydrostatic testing, and of course, during equipment operation.

"[O]ne of our goals is to ensure that appropriate precautions are taken to protect workers during pipeline construction for the oil and gas industry," said David Michaels, assistant secretary of Labor for Occupational Safety and Health.

The two-year agreement entails sharing of information on occupational safety and health standards, and worker rights and employer responsibilities via such assemblies as fora and exhibits. The 14,000-strong APCA addresses safety, environmental and security issues within the pipeline industry among pipeline contractors, manufacturers and suppliers of pipeline-related products and services.

OSHA’s Alliance Program provides the federal work-safety watchdog another way to work closely with groups promoting workplace safety and health to prevent injuries, illnesses, and fatalities. OSHA coordinates with these groups to develop compliance-assistance tools and to educate workers and employers about their rights and responsibilities.

OSHACampus.com provides online OSHA training including OSHA campus.com 10 hour Training and 30 Hour OSHAcampus.com Training for workers, supervisors, and contractors, as well as 40 Hour HAZWOPER training.

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