The agency is seeking comment on, among other things, whether it should include an explicit reference to combustible dust or other hazardous material in the regulatory language of the final rule.
The agency needs nominees with experience and expertise in construction-related safety and health issues to fill two employee, two employer, one state safety and health agency, and two public representative seats to advise DOL on developing standards affecting the construction industry.
Following a thorough investigation, the agency issued two willful and 12 serious citations with total proposed penalties of $135,900. The alleged violations include arc flash hazards, insufficient hand protection, and industrial truck training deficiencies.
The agreement resolves violations of the Clean Air Act’s new source review requirements at the company’s Gorsuch Station, which has a sulfur dioxide emission rate in the highest three percent of coal-fired utility sources in the country.
"This was a horrific and preventable situation," said Labor Secretary Hilda Solis. "The employer was aware of the hazards and knowingly and willfully sent workers into a confined space with an explosive and toxic atmosphere."
The Connecticut-based metal finishing company also was cited for not establishing a regulated work area and ensuring contaminated protective clothing remained in the work area, and for not conducting cadmium exposure sampling.
The 33 serious violations include a lack of training, electrical hazards, inadequate personal protective equipment, failing to implement an adequate hazard communication and respiratory protection program, and failing to properly handle confined spaces.
During an inspection that was part of a regional emphasis program, investigators observed employees working without adequate protection on platforms as high as 20 feet.
OSHA issued citations for, among other things, failing to ensure workers were not exposed to noise levels at or above 85 decimals and to adequately protect employees from exposure to hazardous chemicals such as formaldehyde.
The company was cited for violations at its Parsippany, N.J., worksite, which it shares with Salonika Associates LLC, also cited after a Site-Specific Targeting Program inspection.
"This facility has been inspected previously and received citations for various workplace hazards," said Darlene Fossum, OSHA's area director in Fort Lauderdale, Fla. "Management cannot delay taking action any longer to improve its safety and health program in order to protect workers."
Inspections at the facility found improper bloodborne pathogens control, amputation hazards, noncompliant confined space entry, improper storage of fuel and oxygen, and more.
Within the past five years, OSHA has conducted more than 900 inspections at USPS facilities across the country and has issued more than 600 citations.
Specifically, the facility failed to adequately train workers on respirator selection, use, storage, and maintenance; did not supply positive-pressure filtered air to all work cabs; did not label containers of coke-contaminated clothing; allowed food and beverages to be consumed in an area with visible accumulations of coke-oven emissions; and more, according to investigators.
In its fifteenth OSHA inspection since 1974, the company was charged with nine willful, four repeat, and 17 serious violations, including hazards of confined space entry and combustible dust.
The settlement resolves the natural resource trustees' claims against the aerospace and defense company, which are contained in a complaint filed with the consent decree. The complaint asserts claims for natural resource damages under the Superfund statute, the Clean Water Act, the Oil Pollution Act, and Washington's Model Toxics Control Act.
EPA alleges that the company discharged partially treated slaughterhouse wastes into nearby waterways without a permit for an extended period, and it also exceeded the level of pollutants allowed by its permit on numerous occasions.
The stored materials uncovered by inspections included xylene, hydrochloric acid, sodium hydroxide, paint wastes, petroleum distillates, flammable liquids, sodium hydroxide, waste aerosols, and broken fluorescent bulbs, among others.
A revision of ASTM E2148-06, Standard Guide for Using Documents Related to Metalworking or Metal Removal Fluid Health and Safety, will add a reference to the new E2693-09, Standard Practice for Prevention of Dermatitis in the Wet Metal Removal Fluid Environment.
The company also received serious citations for failing to implement an effective energy control program and to provide adequate machine guarding on grinders.