US Labor Department's OSHA cites SeaWorld of Florida following animal trainer's death

/PRNewswire/ -- The U.S. Department of Labor's Occupational Safety and Health Administration has cited SeaWorld of Florida LLC for three safety violations, including one classified as willful, following the death of an animal trainer in February. The total penalty is $75,000.

"SeaWorld recognized the inherent risk of allowing trainers to interact with potentially dangerous animals," said Cindy Coe, OSHA's regional administrator in Atlanta, Ga. "Nonetheless, it required its employees to work within the pool walls, on ledges and on shelves where they were subject to dangerous behavior by the animals."

On Feb. 24, a six-ton killer whale grabbed a trainer and pulled her under the water during what SeaWorld describes as a "relationship session," which was also observed by park guests. Video footage shows the killer whale repeatedly striking and thrashing the trainer, and pulling her under water even as she attempted to escape. The autopsy report describes the cause of death as drowning and traumatic injuries.

OSHA's investigation revealed that this animal was one of three killer whales involved in the death of an animal trainer in 1991 at Sea Land of the Pacific in Vancouver, British Columbia, Canada. SeaWorld had forbidden trainers from swimming with this whale because of his dangerous past behavior, but allowed trainers to interact with the whale, including touching him, while the trainers were lying on the pool edge in shallow water.

In addition to the history with this whale, the OSHA investigation revealed that SeaWorld trainers had an extensive history of unexpected and potentially dangerous incidents involving killer whales at its various facilities, including its location in Orlando. Despite this record, management failed to make meaningful changes to improve the safety of the work environment for its employees.

"All employers are obligated to assess potential risks to the safety and health of their employees and take actions to mitigate those risks," said Les Grove, OSHA's area director in Tampa, Fla. "In facilities that house wild animals, employers need to assess the animals under their care and to minimize human-animal interaction if there is no safe way to reliably predict animal behavior under all conditions."

OSHA has issued one willful citation to SeaWorld for exposing its employees to struck-by and drowning hazards when interacting with killer whales. The agency defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.

A serious citation is being issued for exposing employees to a fall hazard by failing to install a stairway railing system on the front side, left bridge of the "Believe" stage in Shamu Stadium. OSHA issues a serious citation when death or serious physical harm is likely to result from a hazard about which the employer knew or should have known.

One other-than-serious violation has been issued for failing to equip outdoor electrical receptacles in Shamu Stadium with weatherproof enclosures. An other-than-serious violation is described as a situation that relates to job safety and health that would not likely cause death or serious physical harm.

The company has 15 business days from receipt of the citations to comply, request an informal conference with OSHA's area director in Tampa or contest the citations and penalties before the independent Occupational Safety and Health Review Commission.

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US Labor Department's OSHA issues compliance directive to address flu prevention for health care workers

/PRNewswire/ -- For the protection of frontline health care and emergency medical workers at high risk of infection, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) today issued a compliance directive to ensure uniform procedures when conducting inspections to identify and minimize or eliminate high to very high risk occupational exposures to the 2009 H1N1 influenza A virus.The directive, which closely follows the Centers for Disease Control's (CDC) guidance at http://www.cdc.gov/h1n1flu, is available online at https://www.osha.gov/OshDoc/Directive_pdf/CPL_02_02-075.pdf.

"OSHA has a responsibility to ensure that the more than nine million frontline health care workers in the United States are protected to the extent possible against exposure to the virus," said acting Assistant Secretary of Labor for OSHA Jordan Barab. "OSHA will ensure health care employers use proper controls to protect all workers, particularly those who are at high or very high risk of exposure."

In response to complaints, OSHA inspectors will ensure that health care employers implement a hierarchy of controls, and encourage vaccination and other work practices recommended by the CDC. Where respirators are required to be used, the OSHA Respiratory Protection standard must be followed, including worker training and fit testing. The directive also applies to institutional settings where some workers may have similar exposures, such as schools and correctional facilities.

The CDC recommends the use of respiratory protection that is at least as protective as a fit-tested disposable N95 respirator for health care personnel who are in close contact (within 6 feet) with patients who have suspected or confirmed 2009 H1N1 influenza.

Where respirators are not commercially available, an employer will be considered to be in compliance if the employer can show a good faith effort has been made to acquire respirators.

Where OSHA inspectors determine that a facility has not violated any OSHA requirements but that additional measures could enhance the protection of employees, OSHA may provide the employer with a hazard alert letter outlining suggested measures to further protect workers.

The 2009 H1N1 influenza is transmitted via direct or indirect person-to-person spreading of infectious droplets passed when an influenza patient coughs, sneezes, talks or breathes. Transmission occurs when expelled infectious droplets or particles make direct or indirect contact with the mucus membranes of the mouth, nose or eyes of an uninfected person. The OSHA directive and other guidelines show steps to eliminate the hazard.

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Imperial Sugar Defends Safety Record, Challenges OSHA Citations, Allegations

BUSINESS WIRE --With the Senate poised to address the issue of combustible dust standards this coming week, Imperial Sugar today challenged public statements made by OSHA in their release of citations and allegations against the company late last week. Imperial has already filed a “notice of contest” of the citations, but also wanted the public record to reflect Imperial’s ongoing and steadfast commitment to workplace safety.

“Imperial shares a mission with OSHA: the safety of our employees in the workplace,” said CEO and President John Sheptor. “Imperial has and will continue to prioritize improving safety at our facilities.”

OSHA released its citations and held a press conference just two days before the Senate hearing on combustible dust standards. During the media event, Assistant Secretary of Labor for Occupational Safety and Health Edwin G. Foulke Jr. and others made a number of accusations about Imperial Sugar and its commitment to safety in the workplace. Sheptor responded as follows: “We do not believe the facts support OSHA’s allegations. We are extremely disappointed in the remarks made by OSHA as they failed to appreciate the measures taken by the Company prior to the February 7 tragedy to address hazards, including combustible dust. OSHA’s comments also do not reflect the commitment the Company has made to create the safest workplace possible.”

Sheptor specifically took issue with OSHA’s remarks about the Company’s Gramercy facility. Although OSHA suggested Imperial Sugar had done nothing to improve safety at the Gramercy facility after the event in Port Wentworth, in fact, Imperial quickly worked to address concerns, including preemptively shutting down the powdered sugar operations, which remains closed while the Company ensures that it has taken all appropriate measures to ensure safe operation.

Sheptor noted that OSHA’s National Emphasis Program on combustible dust was first published in October of 2007, and that Imperial Sugar implemented an action plan at Port Wentworth in response to the program, much of which was completed prior to the February 7 explosion. “While we believe that the Company did respond appropriately to the National Emphasis Program, we also think a clear and comprehensive OSHA standard that specifically addresses combustible dust would further workplace safety by placing employers and employees on appropriate notice of what the hazards are and the means to prevent them.”

“Imperial Sugar has spent millions of dollars in capital investment to enhance safety programs and to reduce the threat of combustible dust. We will commit millions more to further enhance safety. We disagree strongly with OSHA’s claims and we look forward to presenting the facts that show our commitment to safety – both before the February 7 accident and afterwards. At the same time, we also welcome the opportunity to work with OSHA to improve safety at our facilities and other employers, including assisting OSHA in promulgating a combustible dust standard,” said Sheptor.