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News7/08 - NH minimum wage to increase - The minimum hourly wage for NH workers increases to $6.55 on July 24, and then to $7.25 on September 1, 2008. Tipped employees are guaranteed a minimum wage of 45% of these rates. NH COSH points out that, although the increase is welcome, the minimum wage is far less than the “livable wage,” the amount a worker really needs to survive. According to the National Low Income Housing Coalition, a worker needs to earn $19.45 per hour to afford a 2-bedroom apartment in NH. 6/08 - OSHA posts safety info for flood and tornado cleanup workers In addition, see the NIEHS Disaster Response Resources Page . 6/08 - OSHA cracks down after crane fatalities
- In late June, OSHA is is responding to the rise in
construction fatalities in New York City, where 20 employees have died in
construction-related accidents since January. However, according to Joel Shufro of NY COSH, "OSHA has never had the resources or support to accomplish its mission of providing workers with safe and healthful workplaces. And that's only gotten worse over recent years." Meanwhile, construction fatalities, including crane accidents, have continued in this summer in NYC, Las Vegas, and across the country. Based on press sources. 6/08 - Indictments in two NH workplace fatalities In two separate cases this month, New Hampshire employers were charged with negligent homicide for workplace fatalities. According the Manchester Union Leader, Maurice Buzzell of Buzzell Tree Service was accused in the death of Kingston 22-year-old Jon Paul LaVigueur, known to his family and friends as JP. Also in June, a Cheshire County grand jury indicted Corbett Creek Farm owner Mary Corbett for negligent homicide and manslaughter in the death of 17-year-old Travis DeSimone. According to reports, Corbett directed DeSimone to cut pipes in an unstable wall, causing it to collapse. OSHA issued citations for willful safety violations in both cases. Unfortunately, even though both employers were cited by OSHA, no felony indictments are possible at the federal level because federal law treats willful safety violations leading to worker deaths as at most misdemeanors. Moreover, OSHA’s fine against Buzzell was only $12,500. Fines are limited under OSHA’s rules. The Protecting America’s Act (HR 2049) would increase OSHA penalties in worker deaths, allow federal felony prosecutions, and increase protection for workers reporting unsafe conditions. Rep. Carol Shea-Porter, who sits on the House Workforce Protections Subcommittee, is a co-sponsor. Rep. Paul Hodes has not signed on. Nor have Senators Judd Gregg and John Sununu signed on to the companion Senate bill, S 1244.
6/11/08 - OSHA cites construction contractors for hazards at Concord McDonald's site. OSHA fined Massachusetts contractors Shawnlee Construction and James T. Lynch Contractors for construction safety hazards at a McDonald's restaurant on Loudon Road in Concord. Violations included lack of fall protection and lack of cave-in protection. The fines follow an OSHA inspection at the site last November. Based on a report from the Concord Monitor. 4/08 - Freight company cited in worker death - Following the death of 52-year-old Luke Tenhave, who was penned under a forklift last October, OSHA has issued fines of more than $100,000 against Con-Way Freight for willful, repeat, and serious safety violations. According to OSHA, Con-Way, a nationwide firm, has refused to follow safety standards even though a similar fatality occured at its Dallas facility in 2003. Based on report in Manchester Union Leader 4/7/08 -Carpenters union
hails decision on injured worker The New England Regional Council of Carpenters is applauding the New Hampshire Department of Labor for awarding workers compensation coverage to an injured nonunion carpenter who was misclassified as an independent contractor. The NH DOL ruled that Celso Mena of Nashua should have been covered by the company’s workers compensation policy because the relationship was consistent with the definition of an employee rather than an independent contractor. “This should serve as a warning to construction employers in New Hampshire,” said John Jackson, Business Representative for Carpenters Local 118, an affiliate of the New England Regional Council. “For too long, employers have misclassified carpenters in order to fraudulently lower their operating costs. That leaves workers vulnerable and puts honest companies at a competitive disadvantage.” On July 30, 2007, Mena suffered severe injuries when his left foot was almost severed from his leg in a fall from baker staging that tipped over on the site where a Hinsdale public school was being built. Some of his injuries are likely to be permanent and leave him unable to work in construction. 2/08 - Dover
AT&T workers join CWA - 600 AT&T workers at a Dover
call center have joined CWA Local 1298. The workers
decided to join the union because of concerns with salaries, benefits, job
security, and fairness on the job. Their decision was the largest
private sector organizing victory for workers in NH since
1966. Based on CWA press release.
2/08 - OSHA
recordkeeping chief says injuries are underreported - OSHA
record-keeping chief Bob Whitmore recently told the Charlotte
Observer that OSHA allows employers to greatly underreport
workplace injuries and illnesses. Whitmore has risked his job by
publicly criticizing OSHA, and is currently on administrative leave.
Based on press report. 2/08 - OSHA
cites Kingston, NH tree company in worker death - OSHA proposed $19,250
in fines against Kingston's Buzzell Tree Service for safety violations
related to the death of 22-year-old Jon Lavignueur last August.
Lavignueur was killed by a falling pine tree. The firm was cited for
safety violations in workplace practices, training, and protective
equipment. Based on press report. 11/6/07 - Bow
company fines for violations of Clean Water Act - The US
Environmental Protection Agency fined construction contractor R.S. Audley
$60,000 for unauthorized discharges of storm water from a sand and gravel
mining site. Such discharges can destroy fish spawning
grounds. Based on press report furnished by Ironworkers
Local 7. 1/28/08 - Pembroke NH contractor faces $76,500 in fines for Hillsborough cave-in hazard - OSHA has proposed fines of $76,500 against Pembroke-based East Coast Utilities for willful and serious violations at a Hillsborough job site last summer. Hazards included an unprotected excavation 8 to 11 feet in depth and a backhoe without a backup alarm. Based on OSHA news release. 1/26/08 - Texas BP refinery just keeps on killing - Investigators have opened an investigation into the latest death at BP's Texas City Refinery, the third since 15 people were killed there in a catastrophic March 2005 explosion. Observers say that the refinery's safety problems can be traced back to BP's failure to provide safe conditions, despite warnings of serious hazards. Based on reports by "Hazards" and National Public Radio. 1/16/08 - Mexico: Massive miner walkout for safety - Over a quarter million Mexican miners walked off the job in January 16, denouncing a government attack on workers striking over horrendous health and safety conditions at Mexico's largest copper mine, Cananea, in the northern state of Sonora. 1/9/08 - Marlborough farm fined $84,200 in teen worker's death - The teenager was killed when a fractured and leaning concrete and stone wall fell on him while he was performing demolition work inside the barn. OSHA's inspection found that the he and other workers were assigned to work within the wall's collapse zone, even though the wall presented a clearly recognized hazard. Based on OSHA news release. 1/3/08 - NH Legislature repeals key provision of workers' comp bill - Responding to complaints by small business owners, the Legislature repealed a provision that would have prevented unscrupulous construction companies from misclassifying workers as independent contractors. Misclassification allows the companies to avoid providing workers' compensation coverage for the workers, who are then left without resources if hurt on the job. The provision was part of HB 471. Based on an article in the Concord Monitor. 1/08 - IBEW criticizes Verizon's safety record after third worker dies - An article in Electrical Worker links three recent workplace deaths at Verizon to the company's failure to emphasize safe working conditions. According to IBEW President Edwin D. Hill, "There has been a troubling increase in the number of serious accidents on the Verizon property with too many of these accidents resulting in fatalities. Our own ... investigation indicates that most of the recent accidents could have been avoided had the employees been trained and encouraged to work in compliance with safety rules." The most recent fatality occured in October, when Gary Gibbons, a 53-year-old splicing technician and a member of Massachusetts IBEW Local 2322, was electrocuted. According to IBEW's Miles Calvey, none of the company's truck buckets are insulated. This safety feature could have helped save Gibbons' life. 1/08 - Congress increased oversight of OSHA in 2007 - According to an article on the Occupational Hazards website, Congress increased oversight of OSHA in 2007, motivated by frustration at the failure by OSHA leaders in Washington to make progress on several important health and safety issues. As a result, OSHA has finally issued a standard requiring employers to pay for personal protective equipment . In addition, Congress spurred OSHA to begin regulating the chemical diacetyl, which has caused devastating lung disease for workers making microwave popcorn. Congress also held hearings on topics such as OSHA's failure to investigate oil refineries or protect 9/11 cleanup workers. 12/10/07 - Ten Claremont workers were hospitalized for carbon monoxide poisoning. The affected workers were employees of Green Mountain Metals LLC, a screw manufacturer. Firefighters, summoned to the site around 10 AM, measured carbon monoxide levels of as high as 138 parts per million in some parts of the building. At least two of the injured workers were airlifted to out-of-state hospitals. Firefighters suspected either a faulty heating system or a forklift left idling indoors as possible causes of the incident. Claremont does not require businesses to have carbon monoxide detectors. Based on a report in the Manchester Union Leader. 12/10/07 - Carpenters oppose rollback of workers' comp coverage in NH - Joe Donahue of the New England Carpenters Union spoke out against a plan to repeal part of a recently passed workers' compensation bill . Rollback of HB 471 would reinstate a waiver that allows unscrupulous construction contractors to misclassify workers as independent contractors exempt from workers' compensation. This creates a competitive disadvantage for responsible contractors who carry workers' compensation. According to Donahue, "It's a huge deal for legitimate contractors, union and non-union." Referring to the misclassified workers, he stated "A lot of them don't realize what they're risking until they get hurt." Based on a report in the Manchester Union Leader. 11/14/07 - OSHA issues rule on safety equipment - After a long delay, OSHA finally has issued a clear rule requiring employers to pay for most types of personal protective equipment (PPE) needed by workers. Employers will also be required to pay for replacement of damaged equipment. The rule goes into effect 6 months from the day of issuance. Based on OSHA's website. 2007 - Ohio nuclear workers not monitored properly for radiation. According to the Dayton Daily News, a recent audit of radiation monitoring at the Mound nuclear plant found that inadequate radiation monitoring "may have led to significant under-reporting and missed doses at Mound." Some of the affected workers later developed cancer. The Mound plant was a federal research facility performing classified work. Based on press and Web reports. 11/14/07 - OSHA fines Bow, NH contractor for repeated trench hazards. NH's OSHA office cited Bow, NH contractor R.S. Audley for a cave-in hazard for the sixth time in five years, stating that "Repeatedly failing to safeguard excavations against cave-in hazards is a gamble that can cost employees their lives." In this case, the violation occurred in a 9-foot deep drainage excavation in Newport, NH. The excavation lacked proper protection against collapse and employees had not been trained in cave-in hazards, according to OSHA. OSHA proposed fines of $61,600. Based on a press report. 11/2/07 - Line worker electrocuted in Shelburne, NH. An unidentified worker died by electrocution when a power line came loose and fell on the worker's truck, electrifying the bucket where he was working. The worker was an employee of Nextgen Telecom Services Group, stalling fiber optic lines for Time Warner Cable. The worker had more than 10 year's experience in the field. Based on a press report. 11/2/07 - The deaths of four workers who died in a manhole in Wisconsin were attributed to extremely high levels of hydrogen sulfide. The sheriff noted that similar multiple fatalities have occurred before. "First one goes down and is overcome by gas and drops or falls, and the second one looking down from above sees the first one, figures he can go down to rescue. Same thing happens to him, the third one, same thing, and fourth one, same thing happens." Based on a press report. 10/07 - A Salt Lake Tribune article has linked US imports from China to extremely dangerous conditions that are killing and injuring millions of Chinese workers. Problems include extremely high levels of toxic chemicals, such as cadmium and benzene, dangerous machinery, and other severe hazards. To see the story, click here . Based on a press report. 10/17/07 - EU study connects household spray cleaners to adult asthma - A European study suggests that using spray cleaners in the home just once a week can increase the risk of developing adult-onset asthma by 30 to 60 percent. Commenting on the study, New York City's Dr. David Rosenstreich advised using safe liquid cleaners rather than aerosols. For more information on asthma, visit the Asthma and Allergy Foundation . Based on a press report. 10/3/07 - 5 Colorado workers die in underground water tunnel. When an expoxy-coating machine caught fire during a maintenance procedure in an tunnel at a pumped storage facility, 5 contract workers were killed. The facility was owned by Xcel Energy. Federal law requires that there be a means to rescue workers in confined spaces, but it took over 4 hours to reach the workers. Based partially on a press report. 9/26/07 - House pushes OSHA to regulate diacetyl - Responding to criticism that OSHA has dragged its feet in regulating diacetyl, the US House has voted to give OSHA just three months to start regulating the substance. Diacetyl is a chemical food flavoring used in popcorn. Despite reports linking diacetyl to deadly lung disease, OSHA has so far failed to regulate worker exposure. Based on a press report. 9/14/07 - New law requires safety training for NH public workers contracts - House Bill 533, requiring OSHA 10-hour construction safety training for workers on all public works contracts over $100,000, has gone into effect. The new requirements are listed under RSA 277:5-a. 8/07 - Appalachian miners still getting black lung - The Louisville Courier-Journal reports that despite federal regulation of coal dust for over 30 years, dust levels in some mines are still too high and some young miners are still diagnosed with black lung disease (pneumoconiosis). According to the Courier-Journal, a 1995 NIOSH recommendation to lower allowable dust levels was never implemented. 8/23/07- Mine Safety Head Cozy with Industry - In the wake of the Utah Crandall Canyon Mine disaster, attention was focused on Richard Stickler, the head of the US Mine Safety and Health Administration (MSHA). Before his appointment, Stickler was a coal company executive. His safety record was so poor that his nomination as MSHA head was rejected twice by Congress, and he took office only through a recess appointment in October 2006. Safety advocates have asked why MSHA, under Stickler's leadership, signed off on a mining plan for the Crandall Canyon Mine even after an earlier cave-in.Based on a press report. 8/20/07 - Sandown worker struck and killed by car - Joseph Tesoro, 26, was struck and killed by a car when picking up recyclables in his job as a refuse worker for Bestway Disposal Services. One former co-worker said, "He was always a pleasure to be around and a fun guy to work with. He cared deeply for his family and spoke of them often." Based on Manchester Union Leader story and website comments. 8/20/07 - Rochester NH Manufacturer Cited for Numerous Safety Hazards - OSHA has proposed fines totally $134,900 against Rochester, NH's Boston Felt Co. OSHA found 66 safety violations in areas including inadequate hearing protection, unguarded machine parts, electrical hazards, a poorly maintained sprinkler system, confined space hazards, asbestos hazards, and several other serious safety problems. Based on OSHA release. 8/17/07 - OSHA Fines Cintas $2.78 Million After Gruesome Worker Death in Oklahoma - OSHA has proposed $2.78 million in fines against the Tulsa plant of Cintas, a uniform company with 34,000 North American employees. OSHA found 42 willful safety violations. The fines were imposed after laundry employee Eleazar Torres Gomez was dragged by a conveyor belt into an industry dryer with temperatures up to 300 degrees. Members of the US House's Worker Protections Subcommittee called on OSHA to inspect all of Cintas' laundries nationwide. Mr. Torres Gomez's son stated, "The thought of how my father must have suffered haunts me and my family everday. We hope our loss will not be in vain, and that Cintas will fix the unsafe conditions in Tulsa, and throughout the country." Recently, Cintas announced sales of $3.7 billion for the fiscal year ended May 31, 2007. Based on a report from UNITE HERE. 8/8/07 - Kingston Man Killed by Falling Tree - Jon Lavigueur, age 22, of Kingston, was killed by a large pine tree. According to police, the young man was working for Buzzell Tree. He was one of four workers who pulled on the tree with a rope to help bring it down. Lavigueur ran in the direction that the tree fell. Based on a press report. 8/6/07 - OSHA sites Hanover's Cold Research Lab for danger of ammonia release - OSHA cited the US Army Corps of Engineers for four willful safety violations at the Cold Regions Research and Engineering Laboratory in Hanover, NH. The violations cited inadequate safeguards against ammonia release. According to OSHA, management had known for several years that the safeguards were needed. Based on OSHA statement. 7/3/07 - Teen Killed in Marlborough Wall Collapse - Travis Desimone, age17, was killed by a falling wall of a dairy barn that he was helping to convert to a dog kennel. Desimone was covered in concrete by the accident. Co-workers and police worked desperately to free the teen. But he was declared dead on the scene. Based on a press report. 6/12/07 - Timken Employee Hurt in Explosion - An unidentified worker at Timken Aerospace, Lebanon, NH, was seriously injured in an explosion apparently caused by a leak in the tubing of a heat-treating machine. Based on press report. 5/23/07 - OSHA Cites Chick Packaging of Silver Lake, NH for Safety Hazards - OSHA has cited wood products manufacturer Chick Packaging of New England for a wide range of safety hazards, including dangerous forklift practices, fire hazards, lsvk of safety guards on machinery, lack of protective equipment, and electrocution hazards. The company had previously been cited for some of these hazards in 2004 at an Illinois plant. OSHA proposed total fines of $62,500. Based on OSHA press release. 5/8/07 - OSHA Fines Contractor for Lack of Fall Protection - A contracting firm that failed to provide fall protection for a job in Pembroke was fined for a willful and serious violation by OSHA. A fine of $79,500 was levied against Indiana-based National Stores Fixtures, based on an inspection in November 2006. According to NH OSHA Director Rose Ohar, falls are the number one killer in construction work. Based on OSHA press release. 3/29/07 - Safety Experts Ask OSHA to Reduce Noise Exposure - The American Industrial Hygiene Association has asked OSHA to reduce the permissible exposure level (PEL) for noise to 85 decibels, measured as an 8-hour time-weighted average. The current PEL set by OSHA is 90 decibels. According to the AIHA, most other countries have already switched to a PEL of 90. Based on a report in "Occupational Hazards." 3/26/07 - OSHA Forms Alliance with State of NH Safety Consultation Program and NH Small Business Development Center - The alliance will develop and deliver seminars on construction safety and health and share best practices. Based on OSHA press release. 3/13/07 - Bill Proposes OSHA Protection for Public Sector Workers - A bill proposed by Rep. Rob Andrews (D-NJ) would extend OSHA protection to state, county, and municipal workers throughout the US. Currently, states may choose whether to extend OSHA protection to public sector workers. 26 states, including NH, currently fail to do so. According to Rep. Andrews, "This plan simply requires all workplaces [to] abide by by the same safety and health standards and and provides public employees the protections everyone deserves." 3/1/07 - Jaffrey NH Construction Worker Injured in Propane Explosion - Kittredge A. Shotton, 37, was airlifted to Massachusetts General Hospital in Boston, after an explosion at a residential construction site caused severe second and third-degree burns. Shotton was burned when trying to relight a propane heater in the basement of a house he was working on. Fire investigators found a disabled safety mechanism on the heater. Based on press reports. 2/28/07 - OSHA Fines Two Hollis NH Contractors $81,800 for Cave-In Hazards at Nashua Worksite - Two Hollis, NH contractors, Jennings Excavation and Ferd Construction, face a combined total of $81,800 in fines from OSHA for alleged cave-in hazards at a Nashua construction site. The fines result from an August 23, 2006 inspection when inspectors found that employees of Jennings Excavation were working in unprotected trenches 6.5 to 10 foot deep. Ferd Construction was the controlling employer responsible for overall job safety on the project. According to OSHA's NH Area Director Rosemarie Ohar, "An unguarded excavation can cursh or kill employees within seconds." Based on OSHA press release. 2/23/07 - South African Workers Gather To Protest Manganese Poisoning - 2/23/07 - Workers met to demand answers to evidence that the Assmang smelter has subjected them to manganese poisoning for years, abandoning them and their families after symptoms develop. The workers, whose symptoms include shaky hands, slurred speech, fatigue, difficulty walking, and impotence, want a response to years of neglect. Some have blood levels more than 10 times the accepted level. At least 20 "suspicious" deaths may be connected to manganese poisoning. Based on a report in the Mercury. Construction Industry: 1 in 5 Workplace Deaths in US February 2007 - More workers are killed on construction jobs than in any other occupation, according to the US Bureau of Labor Statistics. A total of 5,702 workers suffered fatal injuries on the job in 2005. Of those deaths, 1,186 (or 20.8 percent) were from construction accidents. Construction workers also have one of the highest rates of workplace injuries and illnesses. They suffer more than 11 percent of all injuries, even though they make up only 6 percent of the workforce. Adapted by Hazards from Lakes and Plains Carpenter magazine. OSHA Cites Two NH Contractors for Cave-In
Hazards
In January 2007, OSHA cited Bow, NH
contractor R.S. Goffstown Post Office Earns OSHA Star Status The US Postal Service's Goffstown post office is the first postal facility in New Hampshire to earn membership in OSHA's "Star" Voluntary Protection Program. The 24 employees of the Goffstown post office are represented by the National Association of Letter Carriers, the National Rural Letter Carriers Association, and the American Postal Workers Union. Based on an OSHA report. NH Worker Killed in Mass. Train Accident On January 9, 2007, railroad track foreman Christopher Macaulay, 30, of Brentwood, NH, was killed in an accident while working as part of a crew replacing ties in Woburn, MA. The accident occurred when a passenger train was switched to the wrong track and struck a piece of track repair equipment. Mr. Macaulay was employed by the Massachusetts Bay Commuter Railroad Co. Loving husband of Sandra and father of 17-month-old daughter Baylee, Christopher Macaualay leaves behind family and friends who will miss him deeply. James Zipps, 54, of Lowell, MA, was also killed in the accident. He was remembered as a motorcycle-riding grandpa adored by his grandchildren, "the nicest guy in the world." Zipps' brother said that "It was just totally avoidable. I believe it's something that never should have happened." Four other workers were injured in the accident. Based on press reports. Carbon Monoxide
Kills Worker in Somersworth Logging Company Cited for Safety Violations After Worker Death October 21, 2006 - OSHA cited Webster's Chuck Rose Logging for 30 safety violations following the July 3 death of Curtis Ford, also of Webster. Ford was killed when cutting trees in Webster, but OSHA did not comment on whether the safety violations were related to Ford's death. The State of NH requires neither licensing nor safety programs for loggers. However, the NH Timberland Owners Association does have a voluntary safety program, run with state cooperation. Based on press reports. 8 People Injured in Manchester Construction
Accident OSHA Fines Goffstown, NH, Employer $82,500 Following Worker Injury
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