June 2011

Volume 5, Issue 2

Inside This Issue

Agricultural

Safety

Can I Get My

Hearing Back?

Fatalities

Safety Day 2011

Top 10

Violations

U.S. Department of Labor

Wisconsin General Industry

Safety Newsletter

Protection for Agricultural Workers

Agriculture was ranked # 4 in the ―Top 10 Most Dangerous Jobs‖ in 2009 by

the Bureau of Labor Statistics. The industry has 38 fatalities/100,000 work-

ers. OSHA has focused attention to the Agricultural Industry in the State of

Wisconsin and in particular: Grain Handling Facilities and Dairy Farms.

The methods of crop storage and dairy farming have changed in the past

years. The size of operations has grown which trigger a need for more work-

ers and subsequently, more exposure to hazards.

Grain Handling Facilities

OSHA Region V implemented a Local Emphasis Program (LEP) for Grain

Handling Facilities on August 23, 2010. It was prompted by recent fatalities

involving engulfment by grain and entanglement with unguarded augers in

bins. The grain industry falls under OSHA‘s general industry standards and

specific provisions under 1910.272 that address the unique hazards in Grain

Handling Facilities such as control of grain dust fires and explosions, and

certain other safety hazards (grain bin entry).

(Continued on page 2)

Local Fire Crews may

not be equipped to

deal with Grain Bin

Rescues. Frequently,

the sides of the bins

are cut open to allow

the grain to flow out

and expose the

trapped individual. If

done improperly, the

bin could collapse.

The LEP looks at 6 major hazards associated with Grain Handling Facilities, they are:

Engulfment

Falls

Auger Entanglement

Struck By

Combustible Dust Explosions

Electrocution

A grain engulfment study by the Purdue University showed fatalities were on the rise. Record crops and the less

than ideal conditions of 2009 resulted in more reports of out-of-condition or spoiled grain in storage and increased

incidents of plugged flow. In addition, the domestic corn demand for ethanol has resulted in the largest build up of

storage capacity across the Midwest in history.

(Continued from page 1)

Workers enter bins to remove grain from

the bottom and make adjustments to the

auger. Workers frequently perform this

work when the augers, typically unguard-

ed, are running. Workers have sustained

serious injuries or died from getting

trapped, entangled or caught in the auger.

OSHA issued a Letter of Interpretation in

2009 that prohibits the workers from en-

tering the bin while an unguarded auger

is running. OSHA's standards clearly

provide that if a danger to a worker ex-

ists, all equipment inside grain storage

facilities must be disconnected, locked-

out and tagged, blocked-off or prevented

from operating by other means or meth-

ods.

OSHA recognized the uprising fatality

trend and on February 1, 2011, Dr. David

Michaels, Assistant Secretary of Labor

for OSHA, issued an Industry Alert to

Grain Storage Facilities that ―if any em-

ployee dies in a grain storage facility, in

addition to any civil penalties proposed,

OSHA will consider referring the inci-

dent to the Department of Justice for

criminal prosecution pursuant to the

criminal provisions of the Occupational Safety and Health Act of 1970‖.

Dairy Initiative

The farms today do not resemble the farms that most of us remember. The first noticeable difference is the sheer

size. The 40 head milking herd is not the norm. Wisconsin Department of Natural Resources has issued 182 per-

mits for dairy farms with over 1000 cows in the CAFO or Concentrated Animal Feeding Operations program. The

(Continued on page 3)

methods of milking, feeding, manure handling and building design resemble a factory. As the methods have

changed, the number of workers has increased and so have the hazards.

OSHA has allowed farmers (owners) and immediate family members not to be covered by OSHA regulations in

1975.4(b)(2). In passing the OSH Act of 1970, Congress placed restrictions on OSHA enforcement activities for

small farming operations and employers in low hazard occupations. Annually, an appropriations rider limits

OSHA‘s enforcement activities. Over time, this was perceived as farms being ―exempt‖ from OSHA.

The Appropriations Act does not permit inspections to occur at farming operations with 10 or fewer employees,

not counting family members, unless there is a temporary labor camp. If the farm has 11 or more employees (not

counting family members) OR a temporary labor camp, OSHA can conduct inspections.

The Appropriations Act does not relieve the farmer of the requirement to provide ―safe and healthful working con-

ditions‖ for each employee and follow OSHA standards. If a farmer hires just one employee, OSHA standards

need to be followed.

(Continued from page 2)

OSHA has agricultural standards under 1928 that apply to dairy farms. It focuses on ROP - rollover protection/

seat belts for tractors, machine guarding of equipment such as PTO-powered take-off shafts, and field sanitation.

The agricultural standards do reference some general industry standards such as Hazard Communication Program,

Temporary Labor Camp, and Logging. The General Duty Clause is used for agriculture where a recognized, seri-

ous hazard exists but there is no OSHA standard to address the hazard. The General Duty Clause requires the em-

ployer to ―provide a workplace free from recognized hazards‖.

Violations on farms include: lack of tractor and skid steer training, lack of machine guarding, lack of rollover pro-

tection on tractors, not wearing seatbelts, manure pit design, confined space entry and chemical handling. Training

needs to be conducted in a manner and language that the worker can understand.

Many farm workers come from another country and may be living in employer supplied housing. This may meet

the requirements of a temporary labor camp and OSHA may inspect even if there are 10 or fewer employees.

(Continued on page 4)

One common

accident scenario is

bridging and

engulfment.

OSHA is doing outreach presentations to make grain handling facilities and farmers aware of the standards, haz-

ards and prevention methods. For both the grain and dairy industries, there are a number of resources to get infor-

mation or assistance:

Wisconsin OSHA Compliance Assistance Specialists

State Of Wisconsin Consultation Services provides on-site consultation at no cost.

University of Wisconsin Extension: Agricultural Safety Specialist along with the County Agents.

Wisconsin Technical Colleges‘ Agricultural Department

US Dept. of Labor–Wage and Hour: Child Labor Laws, Wages, Temporary Labor Camps

National Farm Medicine Center in Marshfield, WI

(Continued from page 3)

Save The Date

8th Annual Safety Day

On Thursday, June 9, 2011, the Milwaukee Area OSHA Office, in cooperation with the

Waukesha County Technical College (WCTC) and the Wisconsin Chapter of the American Socie-

ty of Safety Engineers (ASSE), will present their sixth annual Safety Day conference for business-

es in Southeastern Wisconsin. Waukesha County Technical College is located in Pewaukee, Wis-

consin.

The ASSE Wisconsin Chapter, local OSHA Staff, and Wisconsin Consultation Program Staff will

be presenting information on many topics affecting small to medium size employers. The confer-

ence is an opportunity for small to medium size businesses in general industry to attend and learn

more about safety and health requirements for their workplaces. For further information, or to put

your name on our mailing list for a registration package, call the Milwaukee Area OSHA Office at

Can I get my hearing back?

A gentleman asked me ―Who do I talk to, in OSHA, to get my hearing back?‖ I thought he was referring to filing a

Workers‘ Compensation claim. He said ―No, who in OSHA has my hearing?‖ My mind visualized a bank‘s safety

deposit room with drawers filled with ―hearing‖. I wanted to say, ―That ship has sailed‖, ―Adios‖, ―Auf Weider-

sehen‖, ―До свидания”, “Kaput‖!

He described his quality of life without the ability to hear. He said he has the TV so loud that his wife yells at him.

He said they rarely talk because he can‘t hear what she‘s saying. He talked about the money he‘s spent on hearing

aids that don‘t help. He described a world that he doesn‘t participate in, due to his noise induced hearing loss. Oth-

ers describe not hearing their grandchild in the next room or not hearing the turkey come up behind them in the

woods.

Noise Induced Hearing Loss (NIHL) is: “100% Preventable and 100% Permanent” That slogan is being used

on a number of poster campaigns to alert workers and the general public about the seriousness of the problem.

1910.95 is OSHA‘s noise standard. The Permissible Exposure Limit (PEL) is 90 dBA for an 8 hours time-weighted

average (TWA). Administrative or engineering controls are required at or above this level. Current enforcement

policy regarding §1910.95(b)(1) allows employers to rely on personal protective equipment and a hearing conser-

vation program, rather than engineering and/or administrative controls, when hearing protectors will effectively

attenuate the noise to which employees are exposed to acceptable levels. (Field Operation Manual Section 4-41)

OSHA also has an Action Level (AL) of 85 dBA for 8 hours TWA. At this level and above, employers are required

to implement an ―effective hearing conservation program‖ (HCP). A HCP consists of noise monitoring, audio-

grams, personal protective equipment (ear plugs or muff), and training. OSHA has a Safety and Health Topic page

on Noise and Hearing Conservation.

October 19, 2010; OSHA published an interpretation titled "Interpretation of OSHA's Provisions for Feasible Ad-

ministrative or Engineering Controls of Occupational Noise." The interpretation would have clarified the term

"feasible administrative or engineering controls" as used in OSHA's noise standard. OSHA withdrew the proposed

interpretation on 1/19/2011.

(Continued on page 6)

Hair cells in the inner ear before noise exposure. After noise exposure the hair cells show damage.

OSHA proposed to interpret the term feasible in these provisions as having the same meaning that the term has in

section 6(b)(5) of the Act, i.e., ‗‗capable of being done,‘‘ or ‗‗achievable.‘‘ OSHA intended to change its enforce-

ment policy to authorize the issuance of citations requiring the use of administrative or engineering controls when

these controls are feasible in accordance with this interpretation.

Although this proposal was withdrawn, engineering controls are something employers need to consider. Hearing

conservation programs alone are not protecting worker hearing. Thousands of workers every year continue to suf-

fer from preventable hearing loss due to high workplace noise levels. Since 2004, the Bureau of Labor Statistics

has reported that nearly 125,000 workers have suffered significant, permanent hearing loss. In 2008 alone, BLS

reported more than 22,000 hearing loss cases. This is and will cost employers through worker compensation

claims.

(Continued from page 5)

Noisy environments can lead to other unsafe or unhealthy conditions. Noise can contribute to fatigue, frustration,

and high stress levels. NIHL can prevent workers from hearing alarms (fire, critical operations or vehicle backup).

The worker may not fully understand verbal instructions given and make assumptions on how to proceed with an

operation or task rather than ask others to repeat themselves.

From an employer/employee relationship, many workplace hazard exposures are limited to the workplace. For

welding fume exposures, many welders do not perform welding on off duty time. Painters may infrequently paint

at home. But all workers experience noise in the home and personal life, along with their work environment.

Many hobbies involve excessive noise such as hunting, motorcycles, boats, and music. Personal listening devices

(I-Pods) are the number one cause of NIHL. Training and education needs to extend to personal life choices.

Many employers provide hearing protection for their workers to use at home.

When was the last time you ―heard‖ silence? You have to be deep into the woods not to hear the traffic noise,

lawn mowers run every evening in neighborhoods during the summer, or the click of a keyboard in the office.

Noise is inescapable! However, Noise Induced Hearing Loss (NIHL) is: “100% Preventable and 100% Perma-

nent”

Region 5 General Industry Fatalities for March 2011 to May 2011

SIC code and accident description

0115—Corn

At 9:00pm two employees were driving a tractor that was hauling a manure wagon to a field. While driving on the

field they saw a raccoon run into a 30 foot long irrigation pipe that was laying in the field, not in use. They at-

tempted to remove the raccoon by raising the pipe up when the pipe contacted an overhead 7,200 volt power line.

3462—Iron and Steel Forgings

An employee was trying to retrieve a wood pallet from the tumbler barrel of a shot blast machine when the wire

rope that holds the loader bucket failed and crushed the employee.

2499—Wood Products, Not Elsewhere Classified

An employee was sent to walk to a warehouse, and cross railroad tracks, to get boxes when he was struck by a

train.

3312—Steel Works, Blast Furnaces (Including Coke Ovens), and Rolling Mills

Two employees were performing work as crane inspectors and repair persons and were working from a scissors lift

that was elevated to about 26 feet when the lift was struck and tipped over. One employee survived.

3624—Carbon and Graphite Products

An employee was working at a CNC machine and was cutting formwork out of a block of carbon. The employee

used compressed air to blow carbon dust away. The compressed air nozzle had a 2 1/2 foot extension attached and

it got caught in the rotating CNC tool. The air gun nozzle wrapped around the tool which was spinning at 5,000

rpm and a piece of the nozzle broke loose and struck the employee in the stomach.

4911—Electric Services

In the process of moving power lines to a new utility pole a 5 1/2 foot section of utility pole was cut away and was

being lowered to the ground with a crane. When the section had been lowered about 1/2 way to the ground it shift-

ed and lowering was stopped as employees cut a piece away. During that time another employee walked below

this work and was struck by the falling part that was cut away.

4311—United States Postal Service

A postal worker was delivering mail at a single family home when the porch collapsed and crushed the employee.

4151—School Buses

An employee had completed plowing snow in a parking lot and had pulled the pick-up truck in the garage and

parked. The employee was found crushed under the closed over-head door. It was found that the door sensors that

would reverse the door if the beam was broken were placed 7 feet above the floor.

5093—Scrap and Waste Materials

An employee was caught in a rotating trommel machine and crushed. The rotating machine is about 30 feet long

and about 7 feet in diameter and helps to separate glass from other recyclables.

(Continued on page 8)

OSHA has a nationwide outreach campaign to raise awareness among workers

and employers about the hazards of working outdoors in hot weather.

5093—Scrap and Waste Materials

An employee was using a forklift to unload bales of compressed cardboard from a trailer. The employee had got-

ten off of the forklift and was working between the forklift and the bale when the forklift rolled down the sloping

dock plate and crushed him.

5531—Auto and Home Supply Stores

An employee was repairing the rear brakes of a Ford E350 box truck and had axle stands placed under the spring

hangers to support the truck and also had the front tires blocked to prevent the truck from rolling. The truck fell

off of one of the axle stands onto the employee.

7699—Repair Shops and Related Services, Not Elsewhere Classified

An employee was checking for a hydraulic leak on a quench machine. The employee was inside an area about 2ft

by 3ft and 4ft deep when he pressed a button that caused the lid to lower and it crushed him. A co-worker had also

been trying to chain the lid in the open position when the lid started closing.

7389—Business Services, Not Elsewhere Classified

Employees were using gas-powered power washers to clean an indoor swimming pool area when one of the em-

ployees collapsed due to carbon monoxide exposure.

7389—Business Services, Not Elsewhere Classified

An employee was operating a Raymond Turret fork lift that follows radio signal wiring in the floor in a very nar-

row aisle warehouse when he fell about 16 feet to the floor. His safety harness was not connected and the employ-

ee may have been trying to move a pallet that was not sitting straight on the rack.

9621—Regulation and Administration of Transportation Programs

An employee was operating a backhoe and was removing jammed logs from a culvert during Spring flooding when

the backhoe slid into the water.

(Continued from page 7)

An example of a Raymond

swing reach truck

used to retrieve pallets

in very narrow aisle

warehouses.

Top Ten Violations Listed below are the ―top ten‖ cited violations found during Federal OSHA

general industry inspections from October 2009 through September 2010.

Rank Standard Hazard

1. 29 CFR 1910.147 The Control of Hazardous Energy

2. 29 CFR 1910.1200 Hazard Communication

3. 29 CFR 1910.212 General Requirements for All Machines

4. 29 CFR 1910.305 Wiring Methods, Components, and Equipment for General Use

5. 29 CFR 1910.134 Respiratory Protection

6. 29 CFR 1910.178 Powered Industrial Trucks

7. 29 CFR 1910.303 General Electrical Requirements

8. 29 CFR 1910.219 Mechanical Power-Transmission Apparatus

9. 29 CFR 1910.132 General Personal Protective Equipment Requirements

10. 29 CFR 1910.215 Abrasive Wheel Machinery

This power press

brake has no guard.

This 32 ton press has a

clear plastic ‗guard‘

that can be reached

around, it is cracked

and repaired with duct

tape, and there is no

program of regular

inspection to ensure the

press is in safe condi-

tion and correct work-

ing order.

This newsletter provides an overview of OSHA standards and does not alter or determine compliance responsibili-

ties, which are described in the OSHA standards and the Occupational Safety and Health Act. Because interpreta-

tions and enforcement policy may change over time, the best sources for additional guidance on OSHA compliance

requirements are current administrative interpretations and decisions by the Occupational Safety and Health Re-

view Commission and the courts.

Ideas for Articles for Upcoming Issues Do you have any ideas for articles that you want to see or topics that you think are important?

Please let us know at the email address listed just above.

Wisconsin OSHA Enforcement Offices:

Appleton Area Office, 1648 Tri Park Way, Appleton, Wisconsin 54914,

(920) 734-4521, (920) 734-2661 FAX

Eau Claire Area Office, 1310 W. Clairemont Avenue, Eau Claire, Wisconsin 54701

(715) 832-9019, (715) 832-1147 FAX

Madison Area Office, 4802 E. Broadway, Madison, Wisconsin 53716

(608) 441-5388, (608) 441-5400 FAX

Milwaukee Area Office, 310 Building, Suite 1180, 310 West Wisconsin Avenue

Milwaukee, Wisconsin 53203

(414) 297-3315, (414) 297-4299 FAX

Wisconsin Contact Information

Wisconsin OSHA Consultation Offices:

Wisconsin State Laboratory of Hygiene

2601 Agriculture Drive, Madison, WI 53718

(608) 226-5240 (Health)

Wisconsin State Laboratory of Hygiene

141 NW Barstow Street, Fourth Floor, Waukesha, Wisconsin 53188

800-947-0553 (Safety)

Do you have comments or ideas for articles?

E-mail them to the Wisconsin General Industry Safety Newsletter at Zortman.Chris@dol.gov

This metal 4 by 4 electrical

box is not being used ac-

cording to its‘ listing.