The order results from an inspection of the facility following three releases of the gas in January, including the release that caused the death. EPA determined that the facility has not satisfied Clean Air Act requirements that are designed to help prevent accidental releases and minimize the consequences of releases that do occur.
Previous meetings in this series addressing combustible dust hazards were held in Washington, D.C., and Atlanta. OSHA will consider participants' comments in developing its proposed standard on the issue.
The company was inspected as part of a federal site-specific targeting program based on its high injury and illness rates in comparison to the national rates.
Two days after the event, a “We Can Help” safety and worker rights fair will take place, also in Houston, providing free information, resources, training, and services.
Through summits held in conjunction with law enforcement agencies, a service that searches a used equipment database by serial number, and a new Web site, the company wants to improve coordination of efforts to combat thefts of construction and farm equipment.
"This case clearly shows the department's commitment to ensuring that individuals are provided the protections and relief afforded by the law and sends a strong message that retaliatory actions will not be tolerated," said OSHA chief Dr. David Michaels.
The company, which distributes specialty injectable pharmaceutical solutions and medical supplies to regional customers, has maintained an injury and illness rate 54 percent below the industry average for three years.
According to DOJ, on average, the center’s residents die at the age of 46.5 years, compared with the average age of 72 years for other individuals with developmental disabilities living in institutional settings.
Several agencies within the department, including OSHA, have their own presentations on the DOL page that explain how they support the draft plan. It will be posted for review and comment in July.
Among the 18 serious hazards the agency cited are the company’s failure to protect workers from rotating parts on conveyor belts and not providing a wash station for employees during the use of corrosive chemicals.
According to investigators, the company has not maintained OSHA 300 logs for two years and has failed to develop and implement a hazcom program, train employees on hazardous chemicals, and develop and implement a respiratory protection program, among other problems.
"Illegal marketing of pharmaceutical drugs jeopardizes the public's confidence in our health care system," said Tony West, assistant attorney general for DOJ's Civil Division.
"Having proper machine guarding on equipment can prevent these needless injuries to workers," said OSHA Area Director Jule Hovi in Toledo, Ohio.
If the proposal to establish a No Discharge Zone is approved, the discharge of sewage from boats into canal waters will be prohibited.
Working with EPA, the port authority will phase out trucks made before 1994 as of Jan. 1, 2011.
EPA alleges that UCM failed to conduct hazardous waste determinations at their point of origin and failed to comply with universal waste regulations by not storing waste in closed containers.
The proposed fines address a series of three maintenance violations that took place from March 2008 to May 2009.
Allegedly not providing clean water to construction workers housed in a barracks at Harmon, Guam, brought an OSHA willful violation against Hua Sheng International Group Corp. in Barrigada, Guam.
The 45 serious violations of which the facility stands accused address hazards with industrial trucks, falls, PPE, machine guarding, electrical safety, process safety management, respirators, and emergency response.
OSHA has ordered The Port Authority Trans-Hudson Corp. to pay $1,000 in punitive damages and to take corrective actions, including expunging disciplinary actions and references to them from various records as well as compensating the worker for attorneys' fees.