Bryan Haywood

Did a “safety system” prevent the largest runway incursion disaster?

As more facts are coming to light regarding the runway incursion incident at JFK on January 13, 2023, it appears that a “safety system” used by ground controllers may have saved the day.  In the NTSB’s preliminary report on the incident, it is stated: The ASDE-X alerted the JFK ATC tower to the conflict, and…...

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LEARNING from our mistakes (OSHA Willfuls and Repeats & $156K)

I will never understand why/how a location identifies a hazard, in this case, OSHA identified it, failed to take that learning, and did NOT APPLY it across the business where that hazard is present.  In this case, a federal workplace safety investigation at a cattle processing plant – now cited seven times by inspectors for…...

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OSHA issues Willful citation for fatal explosion involving a process tank ($156K Willful)

OSHA determined that the employer of a 25-year-old welder – who suffered fatal injuries in an explosion in July 2022 – could have prevented the tragedy by following federal workplace safety standards.  OSHA learned the explosion occurred during welding operations while the work crew replaced old metal tanks with fiberglass ones at a saltwater disposal…...

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OSHRC and Second Circuit argue scope of 1910.176(b)

This case is before the Commission on remand from the United States Court of Appeals for the Second Circuit.  Administrative Law Judge Keith E. Bell affirmed a citation issued by the Occupational Safety and Health Administration, alleging that pallets of merchandise kept on racks at a distribution center were “stored in tiers” but not “blocked…...

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Safety is a losing game when measured with lagging indicators

If your management is only reactive to an accident, it is probably a built-in response because all the safety metrics are reactionary as well. When the sole safety metric is an injury rate, events that do not impact that injury rate do not garner a management response simply because they did not move the needle…...

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OSHA publishes Regional Emphasis Program (REP) for Safety Hazards in Auto Parts Industry – NAICS 3363XX (Motor Vehicle Parts Manufacturing)

This week OSHA published the Compliance Directive for Region IV’s Regional Emphasis Program (REP) for Safety Hazards in Auto Parts Industry – NAICS 3363XX (Motor Vehicle Parts Manufacturing).   Data from the Bureau of Labor Statistics (BLS) shows that in 2021 the auto parts supplier industry had higher injury and illness rates – 3.3 per 100…...

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OSHA issues a Fatal Fact Sheet in H2S fatality

A worker died of acute hydrogen sulfide (H2S) poisoning while responding to an alarming water pump involved in the process of extracting crude oil and natural gas. The worker was alone in the pump house, attempting to close process valves to isolate the pump. The pump unexpectedly energized either before the worker’s arrival or during…...

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EPA RMP Citations @ frozen poultry storage facility (NH3 & $159K)

The Respondent operates a frozen poultry storage facility. The Facility is located within several hundred feet of residences.  Respondent uses 15,900 pounds of anhydrous ammonia in a refrigeration “process,” as defined by 40 C.F.R. § 68.3, in a system of pipes and vessels at the facility (the “Process”).    On June 6, 2019, EPA inspectors visited…...

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EPA offers EPCRA Video Series

The Emergency Planning and Community Right-to-Know Act (EPCRA) establishes requirements for federal, state, and local governments, Indian tribes, and industry regarding emergency planning and reporting on hazardous and toxic chemicals. Individual facilities are required to conduct emergency planning with state and local emergency planning committees, report accidental releases to the proper authorities, and report annually…...

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OSHA’s position on Application of the HCS to Li-ion Battery Scenarios

When a manufacturer or importer ships defective/rejected Li-ion batteries for disposal or recycling, they are required to provide an HCS-compliant SDS to downstream employers. An HCS-compliant label would not be required for a product that is regulated under the CPSC.7 For example, consumer products that are generally regulated by the CPSC include button cells (e.g.,…...

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OSHA answers “Applicability of the HCS to Lithium Ion Batteries”

This [Portable] Rechargeable Battery Association (PRBA) inquiry includes a number of scenarios and questions raised by its members related to the article determination, hazard classification, consumer product exemptions, and labeling requirements The PRBA scenarios and questions have been paraphrased, followed by our responses. In addition, Attachment 1 to this letter provides several scenarios to give…...

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FM Global offers great advice on your Pre-Incident and Emergency Response Planning

Once again, I can not stress how valuable FM Global can be to your safety efforts.  Their Loss Prevention Data Sheets are FREE and some of the best guidance we can find.  Our profession is always complaining about spending money on ANSI, ASME, NFPA, etc. codes and standards. Yet, these Loss Prevention Data Sheets are…...

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