Dear E-Activist,

Volume III, Issue 2
Machine Guarding Hazard Claims Plainfield Man's Life

      OSHA's Avenel Area office is investigating the death of Gonzalo Mera, 43, from Plainfield who was killed on the job while trying to fix a jam on a machine on April 9, 2008.  Mera was employed as a factory worker at Sabert Manufacturing located in Sayreville.  The company manufactures plastic dining ware and has been fined and cited by OSHA in the past for lockout/tagout violations. 
      According to a Home News Tribune article, Mera was trying to clear a jam in a machine when he was struck by a machine part in the head resulting in severe and fatal trauma to the head. 
Sabert Manufacturing was fined $731 in 2006, for lockout/tagout violations and a forklift violation.  The company was also fined $1,320 in 2004 for faulty machine guarding and forklift problems.
      OSHA requires employers to assess workplace hazards before placing employees at different work stations.  OSHA regulations further require employers to implement procedures for locking out, de-energizing and shutting down machines before any maintenance or repair work can be performed.  Only authorized employees with proper training can clear jams or perform maintenance and repair work on machines. 
      It is shameful that Sabert Manufacturing repeatedly violated OSHA regulations and did not provide the proper training to Gonzalo Mera.  Once again, negligence and disregard of safety and health regulations on part of an employer has resulted in another preventable death on the job.

OSHA Plans Inspections for Chemical Plants

      According to the magazine Occupational Hazards, OSHA plans to target randomly selected chemical plants throughout the country for inspections under a new National Emphasis Program (NEP.  There is currently no start date for the inspections that will target approximately 28,000 chemical plants operating throughout the country. 
      These comprehensive process safety management inspections will focus on the management and operation of chemical manufacturing processes.  According to Richard Fairfax, director of OSHA Enforcement programs, these are the primary causes of large chemical accidents in the United States.  Details of the NEP for chemical plants are yet to be finalized.
      Union and Labor organizations question whether the NEP's are enough and are calling for a standard to address safer work practices.  OSHA maintains that developing a standard could take years, while compliance officers can investigate problems immediately through the NEP program.
      OSHA's Emphasis Program for refineries has so far targeted 53 out of the 81 refineries it plans to investigate, and has issued 241 refinery violations.  In response to criticism on ignoring underreporting of injuries and not emphasizing development on adequate standards, Mr. Fairfax explained that the information and data gathered during NEP inspections also can help determine whether it is necessary to develop or issue a standard.
      For more information about this National Emphasis Program, visit the Occupational Hazards website at http://www.occupationalhazards.com/News/.
 

 

A Victory for Garden State Whistleblower

      An investigation conducted by the US Department of Labor OSHA into the firing of an employee of Brocon Petroleum in 2005 has led to a lawsuit against the company for violation of the OSHA Act.
      According to the News Transcript, in August 2005, Brocon Petroleum, located in Howell on Route 33, fired Scott Shevlin in retaliation for a complaint inspection conducted by OSHA.  The lawsuit is being filed by the US Department of Labor against Brocon Petroleum, Inc. for allegedly violating the whistleblower provisions of the Occupational Safety and Health Act.  While details of the complaint were not made public, the US Department of Labor indicated that Shevlin filed an anonymous complaint with the Department after which he was terminated.
      According to Section 11c of the OSH Act, an employer is prohibited from discharging or in any manner discriminating against any employee because the employee has exercised his or her rights under the Act.  These rights include complaining to OSHA and seeking an OSHA inspection, participating in an OSHA inspection and participating or testifying in any proceeding related to an OSHA inspection.  A person filing a complaint of discrimination or retaliation will be required to show that he or she engaged in protected activity, the employer knew about that activity, the employer subjected him or her to an adverse employment action and the protected activity contributed to the adverse action. Adverse employment action is generally defined as a material change in the terms or conditions of employment.
      The lawsuit filed by OSHA under the Whistleblower provisions is a refreshing change from the traditionally weak protection the OSH Act provides to employees who are discriminated against or fired for exercising their rights under the Act. 
More information about OSHA’s Whistleblower Protection can be found online at http://www.osha.gov/dep/oia/whistleblower/index.html.

 

New Regulations Proposed for Combustible Dust Standards

      The House has passed a Combustible Dust Bill that was introduced by Rep. George Miller, D-Calf. and Rep. John Barrow, D-Ga.  The Bill (HR 5522), the Combustible Dust Explosion and Fire Prevention Act of 2008, was introduced by Committee Chairman Rep. George Miller, D-Calif., and Rep. John Barrows, D-Ga., in response to the   February 7 explosion at the Imperial Sugar refinery in Port Wentworth, Ga.  The Act calls for OSHA to issue emergency rules within 90 days requiring industries to better train employees about dust risks and to thoroughly inspect, clean and ventilate plants.  According to an article on OccupationalHazards.com, the final standard must be in place within 18 months.   
       In 1988, OSHA issued specific combustible dust standards for the grain industry after a series of accidents in the early 1980's.  The data shows that accidents have fallen sharply since the standards.  Despite a recommendation from the US Chemical Safety Board, OSHA has refused to enact similar standards for other industries. (www.examiner.com).
       Donald Hart, President of the American Industrial Hygiene Association (AIHA) supports the bill but is skeptical about whether OSHA would be able to finalize a standard in 18 months.  In a letter written in support of the bill he wrote, "the issue of protecting workers from the hazards associated with combustible dust has received increased urgency because of the recent explosion at a sugar refinery in Georgia that killed seven workers earlier this year. AIHA believes there is an urgent need for further action from the agency to address this issue."
       More information about this bill is available on the US House Education and Labor Committee website at http://edlabor.house.gov/hearings/fc-2008-03-12.shtml.

 


OSHEP Welcomes New Training Specialist

       OSHEP is pleased to welcome Robert Korodan as our new Training Specialist.  Bob grew up in Perth Amboy and graduated from Middlesex County College and Rider University.  He has previously worked for Chevron in Perth Amboy before moving to Hawaii as a Process Operator for Pacific Resources Inc.  He was appointed the Environmental, Health, Safety & Training supervisor by the company in 1990.  Bob has extensive experience in managing safety and health programs, developing curricula and implementing occupational safety and health training courses.  Bob lives in North Brunswick with his wife and six children. 

 

OPEIU:153