DUPONT'S CHEMICAL SAFETY SYSTEMS INADEQUATE AT DEEPWATER, NEW JERSEY, PLANT. OSHA CITES COMPANY FOR FAILURE TO PROTECT WORKERS FROM HAZARDOUS MATERIALS

DuPont's chemical safety systems inadequate at Deepwater, New Jersey, plant. OSHA cites company for failure to protect workers from hazardous materials

DEEPWATER, N.J. – Hazardous chemicals known to cause severe burns, respiratory and reproductive health issues leaked out of a tanker truck in May 2014, which exposed workers at E.I. du Pont de Nemours & Co., Chamber Works in Deepwater, to health risks. A complaint filed with the U.S. Department of Labor's Occupational Safety and Health Administration prompted an inspection of the company under the agency's National Emphasis Program on Chemical Process Safety.

The investigation found 11 safety and health violations, with proposed penalties totaling $120,300. OSHA is now investigating a DuPont facility in La Porte, Texas, following a recent chemical leak that killed four workers. 

"The chemicals used at the Deepwater plant are corrosive and volatile," said Paula Dixon-Roderick, director of OSHA's Area Office in Marlton. "Releasing toxic, reactive or flammable liquid can cause serious injury and death. It's vital that DuPont recognize these hazards and take the steps necessary to prevent situations like this tanker truck leak."

OSHA inspectors cited the company for eight serious violations under the process safety management standard. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

In addition to the serious violations, the company failed to perform an analysis addressing hazards related to the storage and transport of chemicals. DuPont also did not perform inspections and tests on the equipment used in chemical processes, resulting in two repeat violations. The company was previously cited for these same violations at other facilities in 2010 and 2011. One other-than-serious violation was cited because the company failed to address issues relating to hazards promptly.

To see the citations, visit: http://www.osha.gov/ooc/citations/Dupont_977332_1117_14.pdf*.

DuPont Chamber Works has 15 business days from receipt of its citations and proposed penalties to comply, meet informally with OSHA's area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

To ask questions, obtain compliance assistance, file a complaint or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742) or the Marlton Area Office at 856-596-5200. 

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

FIABILA USA AND 2 STAFFING AGENCIES EXPOSE WORKERS TO EXPLOSION AND CHEMICAL HAZARDS AT NAIL POLISH MANUFACTURER. OSHA PROPOSES $139,200 IN PENALTIES

Dec. 12, 2014

Fiabila USA and 2 staffing agencies expose workers to explosion and chemical hazards at nail polish manufacturer. OSHA proposes $139,200 in penalties

MINE HILL, N.J. – Permanent and temporary workers were exposed to workplace dangers, including chemical hazards and vapors from flammable liquids, at a Fiabila USA Inc. facility in Mine Hill. Following a complaint, an inspection in May 2014 by the U.S. Department of Labor's Occupational Safety and Health Administration found Fiabila workers and temporary workers employed by two staffing agencies were exposed to hazards and other dangerous safety and health violations at the plant. The inspection resulted in 30 OSHA citations against the nail polish manufacturer and staffing agencies. Proposed penalties total $139,500.

Fiabila faces $109,200 in penalties for 23 serious violations and two other-than-serious violations, which exposed plant employees to fire, explosion and safety and health hazards related to flammable chemicals. Inspectors found Fiabila stored thousands of pounds of flammable liquids on-site in indoor storage tanks. One tank overflowed in July 2014 because of a disabled or broken safety mechanism.

JobConnection Services Inc. in Dover provided general labor staff to the nail polish manufacturing plant and faces $18,000 in fines for three serious violations. Joulé Clinical & Scientific Staffing Solutions, a division of System One, provided employees at Fiabila's quality control laboratory. The agency's Parsippany office was cited for two serious citations, carrying a $12,000 penalty. Both staffing agencies were cited for failure to train temporary workers on chemical hazards, emergency action plans and proper respirator use. 

"Whether temporary or permanent, workers have a right to a safe and healthy workplace. Staffing agencies and host employers are joint employers of temporary workers. Both are responsible for providing and maintaining safe working conditions free of potentially fatal hazards," said Kris Hoffman, director of Parsippany's Area Office. 

Inspectors also found significant deficiencies in Fiabila's process safety management, lockout/tagout and respiratory protection programs. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known. 

View the citations for Fiabila, JobConnection Services Inc. and Joulé Clinical & Scientific Staffing Solutions at

http://www.osha.gov/ooc/citations/fiabila_975276_1125_14.pdf* http://www.osha.gov/ooc/citations/fiabila_978400_1125_14.pdf* http://www.osha.gov/ooc/citations/fiabila_975276_102414.pdf* http://www.osha.gov/ooc/citations/jobconnection_979468_1125_14.pdf* http://www.osha.gov/ooc/citations/jobconnection_980226_1125_14.pdf* http://www.osha.gov/ooc/citations/joule_979857_1125_14.pdf* http://www.osha.gov/ooc/citations/joule_996945_1125_14.pdf*

The three companies have 15 business days from receipt of their citations and penalties to comply, request an informal conference with OSHA's area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

To ask questions, obtain compliance assistance, file a complaint, or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742) or the agency's Parsippany Area Office at 973-263-1003.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

OSHA CITES BUDWEISER DISTRIBUTION CENTER FOR SERIOUS SAFETY VIOLATIONS. OSHA PROPOSES $162,500 PENALTY FOR ANHEUSER-BUSCH SALES OF NEW JERSEY

Dec. 16, 2014

OSHA cites Budweiser distribution center for serious safety violations.  OSHA proposes $162,500 penalty for Anheuser-Busch Sales of New Jersey

JERSEY CITY, N.J. – A distribution warehouse for beverage manufacturer Anheuser-Busch InBev SA, makers of Budweiser, Bud Light and Corona beer, willfully put workers at risk of serious injury. Doing business as Anheuser-Busch Sales of New Jersey, the company exposed permanent and temporary workers to hazards that involved powered industrial trucks and other dangers at its Jersey City facility, an investigation on June 4, 2014, by the U.S. Department of Labor's Occupational Safety and Health Administration found. Penalties totaled $162,500.

Initiated as part of the agency's Site-Specific Targeting Program* that directs enforcement resources to workplaces with the highest injury and illness rates, the OSHA investigation found two willful and eight serious violations.

"These employees faced the risk of serious injuries due to Anheuser-Busch's failure to provide appropriate training, properly working equipment, and safe exit routes, which is unacceptable," said Kris Hoffman, director of OSHA's Parsippany Area Office. "This company is fully aware of the safety hazards in its Jersey City facility and should immediately take corrective action."

OSHA investigators determined that powered industrial truck operators were not trained by Anheuser-Busch, and defective trucks were not removed from service. These willful violations have a $121,000 penalty. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirement, or with plain indifference to the law.

The Anheuser-Busch warehouse also had obstructed exit routes, damaged storage racks and additional powered industrial truck hazards. The company also failed to provide both chemical hazard communication and powered industrial truck training. These violations carry a $41,500 penalty. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

View the citations at http://www.osha.gov/ooc/citations/Anheuser-Busch_978459_1203_14.pdf* 

Anheuser-Busch has 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA's area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

To ask questions, obtain compliance assistance, file a complaint, or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742) or the agency's Parsippany Area Office at 973-263-1003.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

METRO-NORTH COMMUTER RAILROAD CO. VIOLATES RIGHTS OF CONNECTICUT WORKER WHO REPORTED INJURY AND FILED OSHA COMPLAINT. RAILROAD ORDERED BY U.S. LABOR DEPARTMENT TO PAY MAXIMUM PUNITIVE DAMAGES

Metro-North Commuter Railroad Co. violates rights of Connecticut worker who reported injury and filed OSHA complaint.  Railroad ordered by U.S. Labor Department to pay maximum punitive damages

Dec. 16, 2014

HARTFORD, Conn. – Metro-North's actions against an injured worker have resulted in the largest punitive damages ever in a retaliation case under the Federal Railroad Safety Act. A recent investigation by the U.S. Labor Department's Occupational Safety and Health Administration uncovered these details and revealed that the worker, who is employed as a coach cleaner for the commuter rail carrier, was retaliated against after reporting the knee injury he suffered on Nov. 17, 2011.  As a result, the company has been ordered to pay the employee a total of $250,000 in punitive damages, $10,000 in compensatory damages and to cover reasonable attorney fees. 

While driving the injured employee to the hospital, a Metro-North supervisor also intimidated the worker, reportedly telling the worker that railroad employees who are hurt on the job are written up for safety and are not considered for advancement or promotions within the company. 

Unofficial reports from other employees appear to corroborate the supervisor's claims. For instance, one worker smashed her foot with a barrel while on the job, yet she did not file an accident report and showed up to work every day using crutches in hope of keeping her injury record clean. Another worker was injured when her hand was caught in a broken door but, like her coworker, she did not fill out an incident report for fear of reprisal.

Shortly after the Connecticut employee reported the work-related injury, Metro-North issued disciplinary charges against him. The employee filed an initial Federal Railroad Safety Act* anti-discrimination complaint with OSHA on April 19, 2012. An amended complaint was filed on April 9, 2013, after the railroad issued additional disciplinary charges against him.

"When employees, fearing retaliation, hesitate to report work-related injuries and the safety hazards that caused them, companies cannot fix safety problems and neither employees nor the public are safe," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "In this case, the Metro-North's conduct was deliberate and discriminatory, and we have assessed the maximum amount in punitive damages allowed under the law."

OSHA's investigation found that the employee engaged in protected activity when he reported his injury and filed his complaints with OSHA, that Metro North knew these were protected activities and that these protected activities were contributing factors in Metro North's subsequent disciplining of the employee. 

The National Transportation Safety Board (NTSB) published a preliminary Special Investigation Report dated November 19, 2014, regarding several recent accidents, including fatalities, involving Metro-North. The NTSB noted in their findings that "Metro-North Railroad did not have an effective program that encouraged all employees to report safety issues and observations." OSHA's findings here provide another example of this: if employees are discouraged from reporting injuries, the employees and the public are endangered as Metro-North cannot correct the conditions which caused the injuries.

In addition to paying punitive and compensatory damages, OSHA ordered Metro-North to expunge the employee's record of all charges and disciplinary action. The company must also conduct training for all supervisors and managers on employee whistleblower rights and post a notice to employees of their whistleblower rights. Both the employee and the railroad have 30 days from receipt of OSHA's findings to file objections and request a hearing before the Labor Department's Office of Administrative Law Judges. 

OSHA enforces the whistleblower* provisions of the FRSA Act and 21 other statutes protecting employees who report violations of various airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health care reform, nuclear, pipeline, public transportation agency, maritime and securities laws.

Under these laws enacted by Congress, employers are prohibited from retaliating against employees who raise various protected concerns or provide protected information to the employer or to the government. Employees who believe that they have been retaliated against for engaging in protected conduct may file a complaint with the secretary of labor for an investigation by OSHA's Whistleblower Protection Program. Detailed employee rights information is available online at http://www.whistleblowers.gov. 

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.