The Pipeline and Hazardous Materials Safety Administration, part of DOT, issued the NPRM April 29 to expand on prohibitions already proposed by the Federal Motor Carrier Safety Administration.
While inspecting the site, OSHA found that two trenches—including the one in which the injured employee was working—lacked cave-in protection, as neither had a trench box or shield system.
According to NTSB investigators, the conductor failed to observe both the yellow and red signals alerting him of the situation on the tracks "because he was engaged in the prohibited use of a wireless device, specifically text messaging, that distracted him from his duties."
Construction falls and trench collapses might occur at any time during the year, but they typically peak during the summer.
After EEOC filed a lawsuit April 6, the U.S. Labor Department has obtained a partial summary judgment requiring Henry's Turkey Service and its president to pay $1.76 million in back pay and damages.
OSHA began an inspection in October 2010 after an employee died when he was crushed by a large steel frame weighing approximately 1,550 pounds. Proposed penalties total $127,200.
A waste hauling company was fined that amount in connection with the 2007 death of a pedestrian, Anne Smith, when one of its trucks backed over her in Brighton, England.
The recycling facility located in Buffalo, N.Y., was cited for hazardous energy control (lockout/tagout) and bloodborne pathogen hazards, among others.
Each year, thousands of outdoor workers experience heat illness, which often manifests as heat exhaustion. If not quickly addressed, heat exhaustion can become heat stroke, which killed more than 30 workers last year.
"Eliminating safety barriers and failing to develop emergency plans because they are inconvenient or time-consuming is no excuse for endangering employees," said William Fulcher, director of OSHA's Atlanta-East Area Office.
The projection is based on the rate at which states have been adopting comprehensive smoke-free laws. In the past 10 years, 25 states and the District of Columbia have enacted these laws, the CDC report said.
OSHA has issued the company 13 safety citations for failing to provide fall protection and implement water safety procedures for workers sandblasting and painting the Interstate 75 Disalle Bridge more than 40 feet above the Maumee River.
Violations include exposing workers to combustible dust, fall and electrical hazards, among others.
An OSHA inspector was performing a work site inspection when he directed an employee to exit the trench, believing collapse was imminent. Within five minutes the trench collapsed and could have buried the worker under 6 to 7 feet of soil.
The agency sent warning letters to four companies selling OTC products bearing claims that they prevent methicillin-resistant Staphylococcus aureus infections.
OSHA cited the company for 12 serious and one repeat violation after an inspection identified two incidents of anhydrous ammonia release, an absence of fall protection, the employer's failure to implement an emergency response plan, and other workplace hazards.
Workers are at risk of severe injury and death during machine maintenance and servicing if proper lockout/tagout procedures are not followed.
Lord Young's report proposed that employers have to report injuries only if they cause seven days of lost time, rather than the current three. The society says this is a bad idea.
"This case is a stark example of the devastating consequences to workers when adequate machine guarding is absent," said Edward Jerome, OSHA's area director in Albany.
The seventh annual Take a Stand Day asks companies to request a consultative visit now, promising there will be no citations or fine for participating workplaces.