web hosting short URLs photo sharing

Occupational Safety and Health Administration

(The 800lb. Gorilla)

Our Facility is undergoing a 30,000-ft expansion. On February 16^th the contractor poured the cement for the floor then proceeded to spray an aerosol "cure accelerator" over the concrete. The accelerator significantly decreases the time it takes for the concrete to cure. This accelerator had a very bad smell and eventually permeated and engulfed the entire facility. The fumes were so noxious that everyone was affected. Thirteen employees had severe reactions and went home sick. A few of us went to the construction area and found the drum container that held the curing agent. The warning label advised that the product contained hazardous materials and precautions should be taken when using the product. That day and the next, multiple complaints were made to OSHA and shortly thereafter, a Health Inspector from OSHA was at our facility.

The Inspectors from OSHA are known as Compliance Safety and Health Officers (CSHO’s). The law that allows them to inspect any work site is the OSHA Act of 1970 (OSH ACT, Public Law 91-596, as amended by PL 101-552, November 5, 1990). Whew! Everything about OSHA is complicated! Our Inspector was a very pleasant, soft spoken, polite fellow. You know, the type of person certain members of management think they can bully and manipulate. What a mistake! You’ve heard about talking softly and carrying a big stick. He made it very clear to everyone that he would need certain information, that he had the right to that information, and if he didn’t get it, when he wanted it, there would be serious consequences to pay. After that first meeting, there was no doubt about whom was in charge or how big a stick OSHA inspectors carry.

The CSHO is allowed to interview employees at the work place. The employee is entitled to union representation. Management has no right to be present during the interview nor will it be told what was discussed with the employee. The Inspector has the right to inspect the entire area and the Union has the right to accompany him. (In our case, the violation involved two separate work crews, postal and construction, so we did not have the right to be present during the construction site interviews. Management had the right to be there and could have allowed us to be there also. Guess who didn’t get to go.)

There are two (2) types of inspections; (1) Complaint, and (2) Comprehensive. A complaint inspection is typically a partial inspection. The Inspector is investigating specific areas relative to the complaint. If, however, during the course of his inspection he should come across many other violations, the investigation could quickly become a comprehensive investigation. Complaint investigations are the majority. Someone calls, makes a complaint, and off the inspector goes. Comprehensive investigations are made when OSHA checks its General Safety List and looks for companies that have percentages of Lost Work Days over 16%. They will thoroughly look into these work sites to determine if neglect of OSHA regulations are the cause of these accidents.

Ours was a complaint inspection. Although other violations were discovered at the facility, they were not serious enough to warrant a comprehensive investigation. I was amazed at the knowledge the inspector had of all the varied systems in our plant. I saw the two large volumes of OSHA regulations and it seemed that the inspector had memorized them all! We accompanied the inspector as he inspected the workroom floor, dock, mezzanine, air systems, the roof, everywhere! He finished his investigation and afterward, management, the unions, and the inspector met for the Closing Conference.

After an inspection, a closing conference is held. During the conference, the inspector discussed his findings. He had been searching for evidence of; (a) possible overexposure to chemicals and dust, (b) whether or not the postal service had warned employees that hazardous materials were being used in the area and that a possible hazardous condition was possible and what employees should do if they feel themselves being affected, (c) did employees have easy access to, or even have knowledge of, medical and exposure records such as the Material Safety Data Sheet (MSDS). The MSDS lists all the chemicals used to make that product. OSHA demands that all employees be made aware of where these records are kept and that employees have easy access to them. This does not mean that you must given a copy at no expense, it means that you have the right to see them. You also have the right to see the Audio and Air Purification records. Remember this regarding chemical and air pollution in the plant; it is based upon an eight (8) hour period. Technically, its called Time Weighted Average. So although for a short period of time, there may be more parts per million (ppm) of dust or chemical in the air over the Permissible Exposure Limit, if it meets the P.E.L. over an eight our average, there is no violation.

The inspector then described the types of violations OSHA considers. They are; Willful, did the employer know that a hazardous situation existed but made no reasonable effort to eliminate it. Serious, a serious violation exists when the hazard could cause an accident or illness that would most likely result in death or serious injury, unless the employer did not know or could not have known of the violation. Repeated, an employer may be cited for a repeated violation if that employer has been cited previously for a substantially similar condition. Other than Serious, these are technical violations, which do not put employees at serious health risk or require treatment.

On the first item, possible overexposure to chemicals and dust, the inspector said that he could find no proof that an overexposure occurred. He would have had to recreate the incident in order to obtain proof that an overexposure occurred and he was unwilling to put the facility through that kind of episode again. Although there were enough complaints to verify an incident, there wasn’t enough evidence to cite. As a matter of fact, air samples taken by the inspector while the construction crew was cutting through the cinder block walls showed no signs of silica and very little dust. The inspector believes that a combination from the chemicals used to cure the cement, diesel fumes from the cement trucks, bulldozers, and dump trucks could have created elevated levels of Carbon Monoxide and Carbon Dioxide.

On the second item, whether employees were given sufficient notice, the inspector indicated that a technical violation might have occurred. He believes there was a breakdown in communication between the contractor and the postal service. There is a very good chance the service will be cited. The size of the fine could be as high as $5,000. This violation would be considered "Other than Serious" if cited.

On the third item, access by employees to medical and exposure records, the inspector found that no one, outside of some maintenance employees, ever heard of these records let alone where to find them or who to go to for those records. Again, there is a very good chance the service will be cited for this and the fine could also be as high as $5,000. This too would be considered an "Other than Serious" violation if cited.

If you wish to know more about OSHA Guidelines, they have an excellent website. The address is http://www.osha.gov. It is very comprehensive and constantly changing so when you revisit, don’t be surprised if the info your looking for isn’t in the same spot. If you want to order the two-volume book, contact OSHA and they will give you more information about who to order it from. I was told that the cost is $129.00 for the set. If you have any other questions about the incident in our facility, or OSHA guidelines, see me on the floor and I’ll do the best I can to get the answer for you.

Bob Schmidt