Enforcement


MSHA Chief Boosting Efforts to Collect Unpaid Fines

Assistant Secretary David G. Zatezalo writes that MSHA will increase its efforts to collect unpaid fines. Since the Scofflaw Program began in 2007, about $67 million in delinquent penalties have accrued, yet MSHA has issued only 16 citations since 2007 for failure to pay final penalties and only five orders requiring a mine to shut down operations while continuing to pay miners their wages.

WorkSafeBC Ammonia Inspection Initiative Now in Second Phase

Phase one focused on ice rinks and recreational facilities. Of the 223 sites inspected, 181 were using ammonia refrigeration systems. Inspecting officers issued 1,134 orders, three compliance agreements were created, and one stop use order was issued.

New FMCSA, FRA Administrators Sworn In

FMCSA's Raymond P. Martinez is a former commissioner of the New York State Department of Motor Vehicles. FRA's Ronald L. Batory was president and chief operating officer of Conrail, the eighth-largest freight railroad in America, from 2004 until his retirement in April 2017.

Fatal Fall Brings $40,096 Fine

OSHA investigated the company after an employee installing patio screen enclosures died from a fall. L.I. Aluminum was issued four serious citations for failing to provide fall protection to employees working at heights of 10 feet or more; exposing employees to falls; and failing to train employees on fall hazards and the proper use of ladders.

Red Light Enforcement Funds Going to 35 Pennsylvania Cities

The state's Automated Red Light Enforcement program works to improve safety at signalized intersections by providing automated enforcement at locations where data shows red light running has been a problem. Total funding since 2010 has reached $62.87 million for 366 safety projects.

GAO Report Identifies Challenges to Counterfeit and IP Enforcement

"The risks associated with the types of counterfeit goods we purchased can extend beyond the infringement of a company's intellectual property rights," the report says. "For example, a UL investigation of counterfeit iPhone adapters found a 99 percent failure rate in 400 counterfeit adapters tested for safety, fire, and shock hazards and found that 12 of the adapters posed a risk of lethal electrocution to the user."

NRC Proposes $145,000 Penalty for Southern Nuclear Operating Co.

Southern Nuclear Operating Co. has taken a number of corrective actions, including procedure revisions, additional training and oversight, and disciplinary action for the employees who entered false data indicating they had completed equipment data checks and area inspections.

Higher Fines Working in Britain, IOSH Reports

"There is no doubt that the sharp increase in fines over the past two years is the subject of regular discussion in boardrooms up and down the country," two lawyers report on the second anniversary of the new sentencing guildline.



DOJ Seeks Contempt Order Against Pesticide Manufacturer

A May 2017 court order required the defendants to comply with the 2011 consent decree, but HPI and Garvey continue to store thousands of pounds of uncharacterized, often unidentified, chemicals, some with labels indicating they have been stored for a dozen years or more, according to DOJ, which said many of HPI's facilities lack functional fire suppression equipment.

HIPAA Penalty Follows Company Into Receivership

"The careless handling of [protected health information] is never acceptable," said OCR Director Roger Severino. "Covered entities and business associates need to be aware that OCR is committed to enforcing HIPAA regardless of whether a covered entity is opening its doors or closing them. HIPAA still applies."

New York Places 250 Apartment Buildings in Alternative Enforcement Program

The announcement said the 250 buildings have a total of 4,859 immediately hazardous (C-class) violations, 21,442 hazardous (B-class), and 7,602 non-hazardous (A-class) violations; immediately hazardous violations include inadequate fire exits, evidence of rodents, lead-based paint, and the lack of heat, hot water, electricity, or gas

MSHA Chief Discusses Modernizing Data Collection in Testimony

Assistant Secretary David Zatezalo discussed MSHA's initiative to reform and modernize its data collection, saying too often in the past, "data was not synchronized or easily disseminated throughout the agency." He said modernization ideas include using more digital tools in the field and better data dissemination across the agency.

Steel Firm Fined $1.9 Million in Maintenance Worker's Death

HSE's investigation found Tata Steel had failed to enforce its own safety procedures, despite having two previous incidents before Standerline's death, and that the steelmaker also failed to put in place essential control measures that would have prevented the overhead crane from even being in operation.

Sunoco Pipeline Agrees to $12.6 Million Penalty, State's Hold on Permits Lifted

Construction of the Mariner East 2 pipeline can resume. "DEP will continue to monitor and enforce the conditions of the permits and will take necessary enforcement actions for any future violations," said McDonnell. "If a resident should witness pollution from the pipeline affecting streams or other waterways, then please alert DEP at 1-800-541-2050."

Cal/OSHA Cites Tree Trimming Company after Brush Chipper Fatality

On Aug. 15, 2017, the employee was working on a crew removing limbs from a tree when a rope used to lower limbs from an aerial bucket was caught and pulled into the chipper, strangling him.

Colorado Company Cited in Workplace Violence Case

OSHA has issued a serious citation to Pioneer Health Care Center for failing to implement adequate measures to protect employees from workplace violence hazards due to violent behavior by residents.

OSHA Cites Georgia Auto Parts Manufacturer, Proposes Maximum Penalties

OSHA has cited Georgia auto parts manufacturer HP Pelzer Systems Automotive Inc. for safety violations after an employee suffered a finger amputation.

OSHA Cites Colorado Employers After Fatal Fire, Explosion

The explosion and fire occurred in Mead in May 2017 as employees were merging two tank batteries into a single tank battery operated by Anadarko Petroleum Corporation. OSHA inspectors found that flammable vapors or gases ignited as employees worked near pipes connected to a crude oil tank.

FDA, FTC Warn Companies Selling Unapproved Opioid Cessation Products

The sale of these unapproved products with claims about treating opioid addiction and withdrawal violates the Federal Food, Drug, and Cosmetic Act, and these unsubstantiated therapeutic claims violate the Federal Trade Commission Act against deceptive advertising.

Maritime NZ Orders Skipper to Pay Almost $130,000

The skipper of a recreational boat that collided with a rocky outcrop in the Coromandel in New Zealand last January has been ordered by Maritime New Zealand to pay a total of almost $130,000 in reparations to three victims on board.

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