On a Sunday evening, on March, 13, 2011, the community of Middleton, MA was rocked by a powerful explosion emanating from a plant owned and operated by Bostik, Inc., a plastics and adhesives manufacturer.

The blast injured four people, shook nearby homes, and raised concerns about the town's water and air safety. It also called into question the company's enforcement of safety regulations.

After a six-month investigation, on September 13, 2011, OSHA cited Bostik for 50 alleged violations of workplace safety standards and proposed fines totaling $917,000.

The inspection identified serious deficiencies in Bostik's process safety management (PSM) program, a detailed set of requirements and procedures employers must follow to proactively address hazards associated with processes and equipment that involve large amounts of hazardous chemicals.

A valve was inadvertently left open on the day of the explosion, releasing flammable acetone vapors that exploded after being ignited by an undetermined source.

"In this case, Bostik knew from prior third-party and internal compliance audits conducted at the plant that aspects of its PSM program were incomplete or inadequate, and misclassified electrical equipment was in use,"  said Jeffrey A. Erskine, OSHA's area director for northeastern Massachusetts. 

"The company did not take adequate steps to address those conditions," Erskine said. "Luckily, the explosion happened when there were few workers in the plant. Otherwise, this incident could have resulted in a catastrophic loss of life."

OSHA found that the Company's process safety information was incomplete. The employer's analysis of hazards did not address previous incidents with a potential for catastrophic results, such as forklifts that struck process equipment, and did not address human factors such as operator error, communication between shift changes and employee fatigue from excessive overtime. In addition, the company did not ensure that a forklift and electrical equipment, such as light fixtures, switches and motors, were approved for use in hazardous locations where flammable gases or vapors are present.

On May 17, 2012, OSHA and Bostik, Inc. reached a settlement of $600,000 in fines. Bostik is no longer using the manufacturing process that was in part responsible for the explosion. The settlement also commits Bostik to strengthening its PSM program to prevent a similar incident in the future. The company must keep OSHA apprised of its progress in abating workplace hazards.

Two derelict social media sites still display final messages from those who knew the account owners: "RIP, we will miss you."

The sites belonged to two teenagers who lost their lives while working in an Illinois corn bin owned by Haasbach LLC. The cause of death was described as "traumatic asphyxiation".

On July 28, 2010, Wyatt Whitebread, 14, Alex Pacas, 19, and Will Piper, 20, were working on a pile of corn 30-feet deep while the bin’s unloading system was in operation. The workers were "walking down the corn," breaking up clumps of damp grain to make it flow onto a conveyor.

Whitebread began to sink into the pile as Piper and Pacas attempted to rescue him. Within seconds, Whitebread was completely engulfed in the corn, followed by Pacas. Piper was able to keep his head above the corn and was rescued as another worker, age 15, escaped the bin and went for help.

On December 7, 2011, the Department of Labor (DOL) reached an agreement with Haasbach LLC in Mount Carroll, IL, resolving 25 citations issued by the department's Occupational Safety and Health Administration (OSHA). In addition, the Department's Wage and Hour Division assessed civil monetary penalties for child labor violations.

OSHA cited Haasbach for 12 willful, 12 serious and 1 other-than-serious violation of the agency's grain standards. Following the December 7th agreement, the company must pay $200,000 in penalties, an amount reduced from the original fines of $550,000, based on Haasbach's size and assets.

The company failed to provide the workers with proper equipment, precautions and training. In addition, the workers should not have been in the bin while machinery was running.

A separate investigation by the DOL's Wage and Hour Division found that Haasbach violated the Fair Labor Standards Act's child labor provisions by employing workers under age 18 to perform hazardous jobs. Under the agreement, Haasbach will pay $68,125. Haasbach employed at least 4 underage workers at the time of the accident.

The company also faces two wrongful death lawsuits from the families of the deceased, as well as a personal injury suit by Piper. All three suits seek damages in excess of $50,000.

Haasbach, previously owned by three large farming families in Warren, IL, is no longer in business and has sold its Mount Carroll property to another grain storage operation. Its officials have neither issued any public apology nor sent a message of condolence to the families or community.

On December 20, 2010, the Fall 2010 Unified Agenda was published by the US Department of Labor for regulations of the Occupational Safety and Health Administration (OSHA). The Unified Agenda confirmed the next steps toward the adoption of final rules, which will overhaul the OSHA Hazard Communication Standard (HCS).  The rulemaking process, which began in September of 2006, is expected to end with a final rule being completed in August 2011.

OSHA’s current HCS regulations require any employer with hazardous chemicals in the workplace to implement a hazard communication program, including container labeling requirements, material safety data sheets (MSDS) and employee training. The new rules aim to bring US requirements in line with the Globally Harmonized System of Classification and Labeling of Chemicals (GHS) which is being implemented worldwide, including adoption by the United Nations and European Union. 

In a fact sheet on their website, OSHA identifies four major changes to the HCS following the implementation of the new GHS rule. First, GHS will provide additional criteria to improve hazard classification based on health and physical hazards.  Second, a new labeling standard will be implemented, including required signal words, pictograms and hazard statements.  Third, the new regulations will require safety data sheets in a 16-section specified format. Finally, GHS regulations do not specifically address training of employees, but the proposed HCS does include some training requirements for workers within two years of the final rule, to ensure understanding of the new labels and safety data sheets.

Expected benefits of the rule include consistency in international trade markets and increased safety for workers handling hazardous chemicals. Under current regulations in the US and internationally, companies are often required to comply with differing hazard communication requirements based on the multiple countries where their products are used or sites are located.  As more countries adopt GHS regulations, companies could potentially spend less money focusing on complying with varied requirements.  Increased consistency of information provided on labels, clear pictograms and standardized precautionary statements should also improve the safety of workers exposed to and working with hazardous chemicals.

OSHA characterizes costs of implementation of GHS as a “one-time transition cost” for affected industries and companies.  Costs are likely to include reclassification of chemicals and training of workers on new label and safety data sheet information and modified HCS standards.

What actions does your company need to take to be ready for the implementation of new GHS requirements?  Will the customer be better served using the new requirements?  Do you think the benefits will outweigh the costs?

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) issued a new regulation regarding the use of cranes and derricks in construction, replacing a decades-old standard.

Approximately 267,000 construction, crane rental and crane certification establishments employing about 4.8 million workers will be affected by the rule, OSHA said.

"The significant number of fatalities associated with the use of cranes in construction led the Labor Department to undertake this rulemaking," said Secretary of Labor Hilda L. Solis.

"After years of extensive research, consultation and negotiation with industry experts, this long overdue rule will address the leading causes of fatalities related to cranes and derricks, including electrocution, boom collapse and overturning," she said.

The previous rule, which dated back to 1971, was based on 40-year-old standards. Stakeholders from the construction industry recognized the need to update the safety requirements, methods and practices for cranes and derricks, and to incorporate technological advances in order to provide improved protection for those who work on and around cranes and derricks.

The new rule is designed to prevent the leading causes of fatalities, including electrocution, crushed-by/struck-by hazards during assembly/disassembly, collapse and overturn. It also sets requirements for ground conditions and crane operator assessment.

The new regulation addresses tower crane hazards, the use of synthetic slings for assembly/disassembly work, and clarifies the scope of the regulation by providing both a functional description and a list of examples for the equipment that is covered.

"The rule addresses critically important provisions for crane operator certification, and crane inspection, set-up and disassembly," said Assistant Secretary of Labor for OSHA Dr. David Michaels.

"Compliance with the rule will prevent needless worker injuries and death, and provide protection for the public and property owners," he said.

The new rule will take effect on Nov. 8, 2010.