The MIOSHA News — WInter 2024 Edition

The MIOSHA News — Spring 2023 Edition

Volume 32, Issue 1, Winter 2024

Director's Corner

Bart Pickelman, CIH, MIOSHA Director

Bart

As we head into the new year, I'm thrilled to begin working with MIOSHA’s new Deputy Director, Dawn Jack. Deputy Director Jack will assist in the overall administration of MIOSHA and will directly oversee the Appeals Section and the Standards and FOIA Section of MIOSHA. Dawn became MIOSHA deputy director in November 2023 following a yearslong vacancy of the second highest position within the agency. 

Deputy Director Jack is exceptionally qualified for the position. Dawn has been a valued member of the MIOSHA leadership team since 2009 when she was hired as appeals director. Over the years, Dawn has served on countless workgroups and committees within MIOSHA, including many Lean Process Improvement (LPI) projects that have improved agency operations and customer service.

Dawn

Prior to joining MIOSHA, Deputy Director Jack, a licensed attorney, worked as an assistant attorney general in the Michigan Attorney General’s Office and as an assistant prosecuting attorney in the Wayne County Prosecutor’s Office.

I am excited to have Deputy Director Jack in her new role as we work to continue the incredible job the agency does to protect the safety and health of Michigan citizens and to position MIOSHA to face all the challenges, but more importantly, take advantage of all the future opportunities that lie ahead. 

Michigan Voluntary Protection Program Best Practice:

Bosch in North America

By Herbert Daumann, Senior Health Safety & Environmental Engineer, Farmington Hills – Plymouth Campus

Bosch Group's Farmington Hills and Plymouth sites continue to participate in MIOSHA's Michigan Voluntary Protection Program (MVPP). From the company's perspective, MVPP STAR recognition exemplifies successful efforts by all our associates and the state of Michigan, in collaborating for excellence in workplace safety and health. 

Logo

The Farmington Hills-Plymouth campus strives to be a leader in workplace health and safety. We began our MVPP journey in 2018 with the MVPP STAR certification of our Farmington Hills location. We quickly followed with the STAR certification of our Plymouth facility in 2020. Over the years, we have created numerous innovative health and safety-related policies and procedures.

One of our essential procedures is the hazard assessment procedure. Our hazard assessments are broken down for each area in our facilities, whether it be a specific lab, garage, office, etc. Each hazard assessment not only calls out potential workplace hazards, but also explains the controls in place to mitigate potential hazards. Those controls may include, but are not limited to: engineering and administrative controls, training, and personal protective equipment. 

Utilizing the hazard assessments, our local HSE team identifies priorities and implements improvements with a preference for engineering controls. A substantial part of why our hazard assessment procedure is important is the support and involvement that we receive from our area managers, team leaders and associates. By attaining significant associate involvement, we strengthen our efforts to identify each hazard in each area.

The Farmington Hills office is home to Bosch's North America corporate headquarters and portions of the company's mobility solutions business division, which includes powertrain systems. The Bosch Technical Center in Plymouth is home to multiple divisions of the company’s mobility solutions business sector, which includes cross-domain computing solutions and vehicle motion. The Bosch Group is a leading global supplier of technology and services. The Farmington Hills and Plymouth campuses employ approximately 4,000 people.  Bosch improves quality of life worldwide with products and services that are innovative and spark enthusiasm. In short, Bosch creates technology that is “Invented for life.”

MIOSHA TRAINING INSTITUTE (MTI) – New Pilot Course

By Gloria Keene, MTI Program Coordinator, MIOSHA Training Institute

The MIOSHA Training Institute (MTI) will offer a new MIOSHA General Industry 10-Hour Course. 

MIOSHA will pilot the multi-day course at Monroe Community College Feb. 28-29. Attendees who provide feedback to MIOSHA will receive a 50% discount on the course cost. 

Upon successful course completion, participants receive an OSHA General Industry 10-hour card. This course offers  resources and tools to create or enhance an effective safety and health program, an overview of OSHA and MIOSHA, hazard communication, walking working surfaces, fall protection, personal protective equipment, electrical, machine guarding and highlights of many key general industry safety and health standards. 

This course is a must for employers and employees faced with the need to perform new or multiple job functions. As personnel shift to accommodate business needs, staff must understand the importance of safety and health programs and their effect on business.

Seating is limited, so please register ASAP to ensure your spot and opportunity to provide valuable input for this program.

For a complete list of scheduled MIOSHA Training Institute courses, check out the MIOSHA Training Calendar at www.michigan.gov/mti. 

MTI

Roofing Contractor Cited for Exposing Employees to Fall Hazards

John Bott, Workplace Safety Representative, MIOSHA Construction Safety & Health Division 

significant case 1

A residential construction site is pictured on Aug. 18, 2022 where MIOSHA uncovered a series of safety violations.

MIOSHA took swift and decisive action to protect employees after uncovering a series of repeated safety violations involving one roofing contractor.  

A MIOSHA construction workplace safety officer observed workers exposed to falls greater than six feet-- and without proper fall protection when he arrived at the residential worksite during an August 2022 inspection. 

The safety officer faced resistance from the employer when trying to initiate an inspection. The employer was uncooperative, refused entry, and demanded the officer leave the premises. Following agency protocol, a MIOSHA supervisor intervened, then MIOSHA obtained an administrative inspection warrant. A police officer accompanied the safety officer on the jobsite during the inspection. 

The company owner 'openly admitted' to being aware of these hazards and expressed a reluctance to enforce fall protection measures.

A series of violations were uncovered, including one willful-serious citation for fall protection. Other citations identified were related to fire protection, accident prevention plan, ladder training, and first aid certification. The company owner openly admitted to being aware of these hazards and expressed a reluctance to enforce fall protection measures. The employer stated the only reason he even purchased fall protection was to get a penalty reduction on his last fall protection citations.

Violations identified during the inspection include the following: 

Construction Safety Standard Part 45, Fall Protection

  • Rule 1926.501(b)(13): Workers were engaged in residential framing activities while exposed to  a fall greater than 6 feet without utilizing any type of fall protection.
  • Rule 1926.503(1): Workers were engaged in framing activities requiring fall protection training without the employer preparing a written certification record of the training.

Construction Safety Standard Part 18, Fire Protection

  • Rule 408.41861(1): Workers exposed to engine exhaust near flammable liquid without the protection of a fire extinguisher present.
  • Rule 408.41851(7): Workers were engaged in framing activities while having more than 5 gallons of flammable liquids without having the protection of a fire extinguisher.

Construction Safety Standard Part 11, Fixed and Portable Ladders

  • Rule 408.41112(1): Workers using ladders without being provided ladder training.

Construction Safety and Health Standard Part 1, General Rules

  • 408.40114(1): Workers without the protection of an employer developed accident prevention program.
  • 408.40132(3): Workers without the protection of having a person present with a valid certificate in first aid training.
significant case 2

Construction workers are pictured not wearing fall protection equipment on a worksite MIOSHA cited for wilful serious and repeat safety violations

The employer's three-year history with MIOSHA inspections revealed a pattern of disregard for safety regulations, which include a total of 10 serious and four serious-repeat violations. 

This case underscores the importance of rigorous enforcement and proactive measures to ensure workplace safety, and it illustrates the swift and decisive action MIOSHA took to protect workers.

Significant Case Study – Automotive Supplier Fatality

By Casey Peckham, Workplace Safety Representative, General Industry Safety and Health Division (GISHD)

A 23-year-old temporary production technician was crushed to death after getting caught between a conveyor and a vacuum thermoforming mold at an automotive supplier facility in April 2023. 

At the time of the deadly incident, the production employee was working on a vacuum thermoforming mold and conveyor cell, which molds thermoplastic olefin material (TPO). The process cycle lasts 120 seconds, and is displayed in a countdown clock in the work area. The cycle starts when the oven heats the TPO material then the conveyor extends the material approximately eight feet out and over the mold.

Typically, two to three employees place the material on the mold from inside the cell before the conveyor retracts. An employee activates the vacuum once the material is placed on the mold. When the timer reaches 70 seconds, another employee enters the cell to remove excess material. At 20 seconds, another employee uses a propane torch to remove oil, particles, and heats areas where TPO material did not form to the mold. The production technician was tasked with torching all four sides of the mold while in a two-foot wide space between the mold and conveyor. After the material is torched, two employees will remove the material before the timer reaches zero and the cycle is repeated.

The fatally injured employee was using the torch while positioned between the conveyor and the mold with his back to the conveyor. A new process cycle started, and the conveyor extended, pinning the employee between the mold and the conveyor. 

The MIOSHA investigation determined the process cycle clock was not visible from the area where the employee was crushed. Additionally, there was no audible device to alert employees of the conveyor’s movement. Additional investigation findings determined the rear light curtains were not in operation during the TPO process, along with a scanner in the area that did not detect the employee. 

Since the employee was assigned to the host company through a temporary employment agency, the employer was considered a multi-employer worksite, and a concurrent inspection of the temporary employment agency was also conducted. An imminent danger investigation was also opened following the fatality to investigate a complaint of a separate incident within the same mold and press operation.

The fatality investigation resulted in five serious citations from General Industry Standard Part 14, Conveyors, and the temporary employment agency was issued one serious citation from General Industry Standard Part 1, General Provisions. Regarding the imminent danger investigation, two serious citations were issued from General Industry Standard Part 23, Hydraulic Power Presses. A summary of the citations is listed below.

General Industry Standard Part 1, General Provisions

  • Rule 408.10011(a): The employer did not ensure or verify employees were trained by the host employer after beginning a new assignment.

General Industry Standard Part 14, Conveyors

  • Rule 408.11411(1): The employer did not provide training on the hazards and safeguards on the conveyor.
  • Rule 408.11411(2): The employer did not establish a conveyor inspection program to maintain conveyor components, presence-sensing devices, and guards.
  • Rule 408.11421(4): There was no guard between the conveyor and the stationary vacuum- forming mold.
  • Rule 408.11433(2): There was no signal or authorized person to warn of the conveyor starting.
  • Rule 408.11433(1): There were no emergency stop devices within the operator's reach.

General Industry Standard Part 23, Hydraulic Power Presses

  • Rule 408.12321(1): The point of operation was not guarded either by each operator having a two-hand control or presence-sensing device.
  • Rule 408.12371: An employee was inadequately trained in that the employee activated the press while another employee was on the die platform/shoe, placing material on the die.

Standards Update

By Katie Wagner, FOIA Coordinator, MIOSHA Standards and FOIA Division 

General Industry Standard Part 8, Portable Fire Extinguishers 

MIOSHA held a public hearing on Sept.18, 2023, to amend General Industry Part 8, Portable Fire Extinguishers, to adopt portions of federal standards 1910.155 and 1910.157 to meet federal fire protection requirements, clarify employer responsibilities, and determine employee actions related to fires.

Construction Standard Part 9, Excavation, Trenching and Shoring

MIOSHA is amending Construction Safety Part 9, Excavation, Trenching, and Shoring, to add the word “vertically” to R 408.40945, “Trenching Boxes and Shields,” to match OSHA, and to add definitions listed in OSHA’s Subpart P, “Excavations.”

Construction Standard Part 26, Steel Erection

MIOSHA is amending Construction Safety Part 26, Steel Erection, to adopt by reference Subpart R, except for 1926.753 “Hoisting and Rigging” and 1926.761 “Training,” which are currently covered under Michigan rules which we adopt by reference in R 408.42601.

Radiation Safety Part 5, Administrative Rules for Ionizing Radiation Rules Governing the Use of Radiation Machines

MIOSHA held a public hearing on Aug.16, 2023, to amend the Ionizing Radiation Rules Governing the Use of Radiation standard, and to add an entirely new ruleset titled Part 5, Operator’s Qualifications. These rules establish qualification requirements for individuals engaged in medical x-radiation technology, address the improper performance of medical x-radiation technology, and ensure that individuals and patients are not exposed to unnecessary radiation.

MIOSHA Administrative Standard Part 4, Procedures 

MIOSHA is amending the Administrative Standard, Part 4, Board Procedures to rescind unnecessary rules, add language to allow the filing and service of documents by email and facsimile, add language to establish procedures for the issuance and service of subpoenas by the board, and modify timelines for filing exceptions and responses. MIOSHA is also amending the rules to remove duplicate provisions now contained in the Michigan Office of Administrative Hearings and Rules’ uniform hearing rules R 792.10101 to R 792.11903, as well as updating the rules to make them consistent with existing practices authorized by the board.

Safety and Health Standard Part 11, Recording and Reporting of Occupational Injuries and Illnesses 

MIOSHA is amending the Administrative Standard, Part 11, Recording and Reporting of Occupational Injuries and Illnesses, to be at least as effective as federal OSHA’s 1904 standard, “Recording and Reporting Occupational Injuries and Illnesses,” effective Jan. 1, 2024.

Once approved, the final versions will be added to the MIOSHA Standards web page.

Partnerships, Alliances and Awards

By Mike Krafcik, MIOSHA Communications Specialist 

AIrflow cropped

Employees of Air Flow Equipment Inc. are pictured at the company's MSHARP Award Ceremony on Jan. 8, 2024

Exemplary Workplace Safety and Health Status Awarded to Company Headed by Former Michigan Football Player

Air Flow Equipment Inc., President and former UM wide receiver Matt DeYoung approaches safety as a 'team effort'

MIOSHA recognized Kalamazoo-based Air Flow Equipment Inc. for implementing and maintaining outstanding workplace safety and health standards. 

The 38-employee custom-air handling manufacturer based in Kalamazoo received its first-ever MIOSHA Michigan Safety and Health Achievement Recognition Program (MSHARP) certification.

Air Flow Equipment is one of nine current MSHARP companies or small business employers that have achieved excellence in their safety and health practices, above and beyond MIOSHA standards.

“MIOSHA is thrilled to honor Air Flow Equipment Inc. with its first-ever MSHARP certification in recognition of their commitment to achieving workplace safety and health excellence,” said Tarah Kile, director of MIOSHA's Consultation Education and Training Division. “The company’s culture prioritizes their employees' health and safety and serves as an example for other Michigan small businesses to follow.”

UM Airflow

Air Flow Equipment Inc. President Matt DeYoung, a University of Michigan Wolverine wide receiver from 1994-96, described workplace safety and health as a team effort. 

"At Michigan, Coach Lloyd Carr and Mike Gittleson had us memorize a quote by Coach Fielding Yost: 'Half-heartedness or lack of earnestness will eliminate any man from a football team.'" At Air Flow, we certainly cannot be half-hearted about safety and health, and we must be earnest in our daily efforts, so everyone goes home safely," said Matt DeYoung, president, Air Flow Equipment Inc. " From the company founder to the newest team member, we all strive to give our best effort and be vigilant each and every day. We are honored and humbled to receive this award and grateful for the guidance MIOSHA’s Consulting Education and Training Division has provided to us." 

MSHARP requires a comprehensive consultation visit and the correction of all workplace safety and health hazards to achieve certification, emphasizing employers need to proactively anticipate accident and illness risks, rather than react to them.

Best practices that demonstrate Air Flow Equipment's safety and health management system excellence include: 

  • Eliminating a potential health hazard by implementing an exhaust system at a plasma water table.  
  • Realizing fall protection equipment was not compatible during certain manufacturing processes. The company hired a local engineer to help design and build three fall protection rigs in house. The new rigs were suitable for production needs and met MIOSHA requirements. 

The MSHARP is open to employers with 250 onsite employees or less and injury and illness rates below the Michigan average in their NAICS code over the last year.

To learn more about the MSHARP program, visit michigan.gov/msharp

2 Manufacturing Plants Retain Top Workplace Safety and Health Star Status

Billerud Logo

A paper manufacturer in Michigan's Upper Peninsula was one of two companies to earn recertification of their Michigan Voluntary Protection Program (MVPP) Star Status.

Billerud North America, a paper product and packaging mill in Quinnesec, first received MVPP Star recognition in 2001. The recognition is MIOSHA's highest safety award for exemplary worksites with comprehensive and successful safety and health management systems. 

MVPP Star recipients implement worker protections beyond MIOSHA requirements and maintain injury and illness incidence rates below the industry average for the last three years.

Billerud

MIOSHA MVPP Specialist Aaron Gundrum (top row right) is pictured with Billerud Quinnesec plant employees during the comapany's MVPP renewal signing ceremony Jan. 24, 2024.

Billerud, a Swedish based pulp and paper and packaging manufacturer, employs 435 employees at its 2,200-acre mill site in Quinnesec. 

Among its best practices, Billerud focused on increasing safety messaging and communication. In 2022, the company added TV screens to display messages throughout the mill. The site adopted Billerud Sweden’s safety communication methods of events using a red/green system and has extended the system to the company's other mills in Michigan, Wisconsin and Sweden. 

Read the full press release and local news coverage from Billerud's MVPP renewal ceremony. 

Oxy Chem

OxyChem (Occidental Chemical Corporation)

OxyChem (Occidental Chemical Corporation) manufacturing facility in Ludington was the second company to recently receive its MVPP certification, a designation its held since 2002. 

The 118-employee calcium chloride manufacturing plant was recognized for implementing the following best practices 

  • Safety Action Plan (SAP) – SAPs are completed by contractors and must be approved by the OxyChem job representative before work begins.
  • A text message alert system is in use to rapidly communicate plant messages and emergencies.

“OxyChem’s Ludington plant is proud to be recognized as one of the safest work sites in the United States,” said OxyChem Plant Manager Matthew Wilkins. “This achievement affirms our dedication to safety excellence. The teamwork and commitment to safety demonstrated by everyone at the site in achieving this recognition is highly valued.”

Oxy Chem

OxyChem Ludington employees are pictured during the company's MVPP Star renewal ceremony on Dec. 21, 2023

MVPP Logo

Read the full press release from OxyChem's MVPP renewal ceremony. 

The Michigan Voluntary Protection Program (MVPP) currently has 26 Michigan VPP STAR sites. The cooperative program is designed to assist employers and employees by providing a mechanism and a set of criteria designed to evaluate and recognize outstanding safety and health management systems. Together, we’ll establish a cooperative relationship between management, labor and MIOSHA.

Learn more about the MVPP program at www.michigan.gov/mvpp

MIOSHA Awards Ludington-based FloraCraft Corporation for a Exemplary Safety and Health Commitment to Employees

FloraCraft

MIOSHA presented its Consultation Education and Training
(CET) Silver Award and Ergonomics Success Award to Ludington-based FloraCraft for maintaining an exemplary safety and health record with no lost time accidents, while demonstrating a strong commitment to a culture of safety. 

FloraCraft Corporation has been in operation for 70 years and is self-described as the world's leading manufacturer of foam products for the craft and floral industries. 

Read the full press release to learn more about FloraCraft's outstanding safety and health record.

CET Awards

The MIOSHA CET Awards recognize the achievements of Michigan employers and employees based on excellent safety and health performance. The CET Silver Awards are issued to establishments whose accident and injury rates are below the industry average in the last two years. 

Eligibility: Open to all employers who achieved outstanding safety and health, including those who have completed the Michigan Challenge Program and have implemented all five elements of an effective safety and health management system.

Learn more about MIOSHA Consultation Education and Training Awards by visiting https://www.michigan.gov/cet.

MIOSHA Adds New Alliance Member

MSC Signing

Left to Right: Michigan Safety Conference Board Chair Debbie DeNapoli, MSC Executive Director Denise McGinn, MIOSHA CET Director Tarah Kile, MIOSHA Director Bart Pickelman at the MIOSHA Alliance signing on Dec. 20, 2023.

MSC

MIOSHA and the Michigan Safety Conference (MSC) formed a new alliance agreement on Dec. 20, 2023. 

The collaborative partnership was formalized with the goal to help provide MSC members with information, guidance, and access to training resources to help
protect the health and safety of workers across Michigan. 

As part of the three-year voluntary agreement, MSC will promote MIOSHA's programs and services, by hosting a Coffee with MIOSHA event and featuring MIOSHA experts on MSC's Safety Spectrum podcast.

The partnership also continues to support MIOSHA-led training seminars at the annual Michigan Safety Conference, set to take place April 16-17 in Grand Rapids. 

“This is the culmination of a long-standing relationship with MIOSHA that dates back over 50 years," said Michigan Safety Conference Executive Director Denise McGinn. "We believe the synergy of this formalized alliance can make great strides to further improve workplace health and safety for workers in the State of Michigan."

Alliance logo

The goal of the MIOSHA Alliance Program is to educate and lead the state’s employers and their employees in advancing workplace safety and health. Eligibility is open to all groups, including trade or professional organizations. 

As of Jan. 2024, we have 20 active MIOSHA alliances. Over the past year, we reviewed and processed three Alliance renewal agreements.

For more information on the MIOSHA Alliance program, visit www.michigan.gov/mioshacooperative

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