Bryan Haywood

OSHA HAZWOPER citations @ coffee manufacturing facility (CO2 & $63K)

OSHA began an inspection Nov. 12, 2015, at the coffee manufacturing facility after the release of carbon dioxide asphyxiated a 53-year-old shift supervisor. Following its inspection, OSHA issued citations for nine serious violations. The employer did not provide proper training to its workers for stopping the release of a hazardous chemical. Additionally, the company did…...

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OSHA PSM Letter – Agricultural Retailers Association, et al. v. United States Department of Labor

VIA ELECTRONIC FILING May 5, 2016 Mark J. Langer, Clerk The United States Court of Appeals District of Columbia Circuit 333 Constitution Ave., NW Washington, DC 20001 Re. 28(j) Letter – Agricultural Retailers Association, et al. v. United States Department of Labor, et al., Nos. 15-1326 and 15-1340 Dear Mr. Langer: Respondents write to advise the…...

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OSHA’s behind the scenes political battle with PSM enforcement

Dear Member of Congress, I am writing to respond to concerns expressed regarding the Occupational Safety and Health Administration’s (OSHA) July 2015 retail exemption interpretation and to update you on regulatory action OSHA is taking in this matter.   … Membership Required You must be a member to access this content.View Membership LevelsAlready a member? Log in here...

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OSHA’s new Fact Sheet on PRCS Rescue – Is 911 your Confined Space Rescue Plan?

Permit-required confined spaces can present conditions that are immediately dangerous to workers’ lives or health if not properly identified, evaluated, tested and controlled. OSHA has developed a standard for Confined Spaces in Construction (29 CFR 1926 Subpart AA) for any space that meets all of the following criteria: Is large enough for a worker to…...

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OSHA issue Enforcement Policy Memo to Regional Administrators on “RAGAGEP in Process Safety Management Enforcement”

May 11, 2016 MEMORANDUM FOR: REGIONAL ADMINISTRATORS THROUGH: DOROTHY DOUGHERTY, Deputy Assistant Secretary FROM: THOMAS M. GALASSI, Director Directorate of Enforcement Programs SUBJECT: RAGAGEP in Process Safety Management Enforcement   NOTE:  much of the emphasis has been added by me This enforcement policy addresses the Process Safety Management (PSM) Standard’s recognized and generally accepted good engineering practices (RAGAGEP) requirements. Enforcement activity,…...

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OSHA PSM citations @ Ethanol Plant (Flammables & $80K)

On May 6, OSHA issued 42 serious and four other-than serious safety and health violations following three separate inspections at the bio-refinery in November 2015.  Inspectors found the ethanol production facility violated OSHA’s process safety management regulations including failing to: Develop written procedures for safely conducting tasks in the process, and for maintaining the ongoing…...

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90 Cognitive Biases

  Many of these biases affect belief formation, business and economic decisions, and human behavior in general. They arise as a replicable result to a specific condition: when confronted with a specific situation, the deviation from what is normatively expected can be characterized by: Ambiguity effect – the tendency to avoid options for which missing…...

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Combustible Dusts Hazards and OSHA signage

I came across this citation at an Ethanol plant (May 2016) regarding their combustible dusts hazards and the lack of WARNING signs… Citation 2 Item 1 Type of Violation: Other-than-Serious; $0.00 29 CFR 1910.145(c)(2)(i): Caution signs shall be used only to warn against potential hazards or to caution against unsafe practices:… Membership Required You must...

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OSHA PSM citations @ foodservice distributor (NH3 & $72K)

Responding to a complaint from employees at a facility operated by the fourth largest foodservice distributor in the U.S., OSHA found that a check valve in the food plant’s pump room leaked about 9 pounds of anhydrous ammonia on Oct. 21, 2015. Inspectors also found the ammonia sensor in the pump room did not sound…...

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OSHA Clarifies the Flammable Atmospheric Storage Tank PSM Exemption and why they seek to change it

The existing PSM standard applies in part to processes involving a flammable liquid or gas on site in one location in a quantity of 10,000 pounds or more. However, the existing PSM standard contains an exemption for “[f]lammable liquids stored in atmospheric tanks or transferred which are kept below their normal boiling point without benefit…...

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Process Safety Management SER Background Document (May 2016)

As an initial step, and prior to publication of any proposed changes to existing rules or enforcement policies, OSHA is convening a Small Business Advocacy Review Panel (“SBAR Panel”) in accordance with the Regulatory Flexibility Act, or RFA (Sections 601 through 612 of Title 5 of the United States Code). This Panel consists of members from OSHA, the…...

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