Violation Detail
Standard Cited: 5A0001 OSH Act General Duty Paragraph
This violation item has been deleted.
Inspection Nr: 1682153.015
Citation: 01001
Citation Type: Serious
Abatement Status:
Initial Penalty: $15,625.00
Current Penalty: $0.00
Issuance Date: 10/17/2023
Nr Instances: 1
Nr Exposed: 15
Abatement Date: 11/13/2023
Gravity: 10
Report ID: 0213900
Contest Date: 10/17/2023
Final Order: 10/15/2024
Related Event Code (REC):
Emphasis:
Substance: 8330
Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
---|---|---|---|---|---|---|
Penalty | J: ALJ Decision | 10/15/2024 | $0.00 | 11/13/2023 | Serious | |
Penalty | C: Contested | 12/27/2023 | $15,625.00 | 11/13/2023 | Serious | |
Penalty | Z: Issued | 10/17/2023 | $15,625.00 | 11/13/2023 | Serious |
Text For Citation: 01 Item/Group: 001 Hazard:
Section 5(a)(1) of the Occupational Safety and Health Act: The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees, in that employees were not protected from the hazard of high heat while performing jobs duties. a) Michaels Stores Procurement Company Inc. - Receiving area/bay doors - inside shipping containers: On or about July 11, 2023 employees were exposed to the hazard of high heat inside shipping containers while performing continuous moderate work, including manually unloading packages up to 40 pounds onto a conveyor belt for a period of approximately 6 hours per day. Temperature monitoring conducted inside the shipping container indicated a WBGTi (Wet Bulb Globe Thermometer indoors) of 86.9 degrees Fahrenheit, and a H.I. (Heat Index) of 100.4 degrees Fahrenheit. Employees experienced heat illness related symptoms, including dizziness, nausea, headaches, profuse sweating, lightheadedness, blurred vision and weakness. Among other methods, feasible and acceptable methods to correct this hazard are: Establish a Heat Injury and Illness Prevention Program, implement engineering and administrative controls, and train employees. Heat Injury and Illness Prevention Program Develop a comprehensive written program to address heat-related injuries and illnesses. Key elements of a Heat Injury and Illness Prevention Program include: - A Person Designated to Oversee the Heat Injury and Illness Prevention Program - Hazard Identification - Monitoring weather reports and weather advisories, as well as how to measure temperature on-site, and use adjusted temperatures (e.g., WBGT and heat index) to make decisions about protective measures. - Acclimatization - Modified Work Schedules - Heat Buddy System - Training - Monitoring for Signs and Symptoms - Emergency Planning and Response Engineering Controls Increase ventilation in the shipping containers, including portable AC units. Create air-conditioned respite areas near the shipping containers for employees to take rest breaks. Use reflective shields, blankets, or awnings to shield shipping containers from the sun. Place thermometers with temperature alarms inside the containers to monitor temperature to alert employees when safe temperature levels are exceeded. Administrative and Work Practice Controls - Rotate employees between cooler areas of the facility and work areas where there are high heat exposures, e.g. from the warehouse to the shipping containers. - Acclimatize employees when the begin working in hot environments or when they return from periods of absence of three or more days. - Implement a work/rest regimen that includes a provision to allow employees to become acclimatized to extreme heat conditions. - Provide access to preventative cool-down periods as needed to prevent overheating. - Ensure that employees consume adequate amounts of cool drinking water when working in hot conditions. - Ensure adequate supervision during high heat conditions so supervisors or designees can closely observe employees for signs of heat stress/illness. Training: Develop a comprehensive heat prevention training including: - Preventive measures to reduce the risk of exposure to heat. - Detailed measures of steps to take to ensure a rapid response by supervisors and employees after heat symptoms/illnesses are reported/detected in themselves or in co-workers. -Identify who is responsible for assessing potentially hot working conditions, the criteria for action and methods of communicating potential heat conditions and mitigations to supervisors and affected employees. - Provide detailed information on how/when/who to report symptoms of heat-related injuries and illnesses. - Advise workers that certain medications and underlying conditions can increase risk of heat stress. Encourage workers to consult a pharmacist or doctor if they have questions about whether they are at increased risk for heat related illness because of health conditions they have and/or medications they take. Explain the factors that may affect heat tolerance (e.g., medications, alcohol, obesity). - A discussion on hot to identify a medical emergency (such as when an employee exhibits confusion or abnormal behavior, slurred speech, seizures, or loss of consciousness) and when to call 911. Also, measures that can be taken which will assist in cooling down a worker exposed to excessive heat. - Supervisory training on prevention and first air for heat-related injury and illness before they begin work in a hot environment, including measures in place to protect workers form heat-related illness. - Explanation of the heat buddy system (monitor the condition of your fellow co-worker(s) and have someone do the same for you). - Explain to supervisors how to acclimatize new employees or regular employees before the start of the summer season or after coming back from any type of leave. - Clarify the proper way to hydrate (e.g. drinking 1 cup [8 oz.] of water or other fluids every 15-20 minutes). - Emphasize the importance of reporting any symptoms of heat-related illness to their supervisor. - Training for Supervisors: Ensure that supervisors receive appropriate training on how to monitor weather reports and weather advisories, as well as how to measure temperature on-site, and use adjusted temperatures (e.g., WBGT and heat index) to make decisions about protective measures. Many free apps (such as the OSHA-NIOSH Heat Safety Tool App) are available to help determine if a heat hazard is or could be present. - Present the information in a way to ensure that employees and supervisors understand it and will consistently follow specific steps described to prevent heat injuries and illnesses. PPT presentation without explanation and opportunity for questions is not sufficient. - Present the information in the language that employees understand. (i.e Spanish)