Safety Alert for Supervisors: 5/4/26
This edition discusses a fatality caused by a worker starting grinding work in a non-designated room, leading to a dust vapor ignition and reviews employer responses to compliance-related fines.
Incident summary A 33-year old worker who recklessly began hot work in a room not designated for the hazardous task was burned to death after sparks from the job ignited nearby combustible materials. What happened A crew member needed to modify a metal cart for a customer. He decided to use an angle grinder for the task. Normally, he would only perform grinding in a shop designated for hot work, but he didn’t think the job would take long and he thought he could handle the work in a room that contained flammable and combustible materials such as ammunition, solvents, paper and gunpowder. As the staff member started grinding on the metal cart, sparks from the work ignited gunpowder vapors in the room. The fire spread quickly through the combustible dust. Following the initial explosion, coworkers raced to the exit. One employee was blown through the door and suffered burns and a head injury; however, he survived. In fact, everyone except the 33-year-old man who was modifying the metal cart made it outside the building. Several colleagues tried to go back into the facility to find their missing crew member, but the fire was too intense. After firefighters doused the flames and made the structure safe for reentry, the body of the employee was found 32 feet from the origin of the fire, near the exit door. The worker was already dead from smoke inhalation and severe burn injuries. Findings The victim shouldn’t have performed grinding work in a room not designated for it. And he didn’t make sure flammable and combustible materials had been moved at least 30 feet away from the hot work area. Staffer burned to death after hot work ignites dust vapors Worker started grinding in room not designated for risky task You make the call: Employer opposes fine by citing high cost of compliance “ Y ou’re trying to put us out of business,” said George, the supervisor. “That’s nonsense,” said Tammy, the compliance officer. “I’m trying to ensure you provide contractors with a safe workplace. Why do you think I’m attempting to shut down your business?” “You’re proposing a fine against us because one of our contract companies failed to ensure its staffers wore hard hats when loads were suspended above them. The only way we can make sure contract staffers do what they’re supposed to do is to bring in a full-time safety supervisor to oversee each of our worksites and confirm that contractors are following the regulations.” Other things “We’re not requiring you to hire a full-time safety supervisor,” said Tammy. “That’s your interpretation of the citation. There are other things you could do to ensure your contract workers abide by safety regulations.” “What other things?” asked George. “You could ratchet up the safety training provided to contract staffers,” said Tammy, “or you could conduct surprise safety inspections. Neither of those things would cost very much.” “Your proposed solutions wouldn’t be as effective as bringing in a full-time safety supervisor,” said George. “And hiring someone would cost at least $50,000, which is more than our annual profit.” Safety worries “I’m not worried about your profits,” said Tammy. “I’m worried about safety.” “Tammy, it would be economically infeasible for us to comply with your regulation,” said George. “We’ll challenge your fine.” Did the company win? 2 Safety News Here’s what to do when a worker alerts you to potential hearing loss. 2 Quick Ideas Do your staff members know why they shouldn’t burn poisonous plants? 3 Legal Developments Man buried in soil after boss orders him to keep working despite the risk. 3 Horror Stories Truck lift axle breaks off and lands on beloved founder of biker club. 4 Safety Meeting How staffers can apply the four C’s to safely clean up chemical spills. In this issue ■ Make your call, then go to page 3 for the court’s ruling. May 4, 2026 SafetyAlert FOR SUPERVISORS The No. 1 source of actionable information to help supervisors keep their people safe Including: Supervisor’s Safety Toolbox
EDITORIAL DIRECTOR: JIM MCCANNEY EDITOR-IN-CHIEF: FIONA HERNANDEZ OFFICE MANAGER: SHARON CONNELL Safety Alert for Supervisors (ISSN 1541-7379), May 4, 2026, Vol. 23, No. 550, is published 24 times per year by Institute of Business Publications, P.O. Box 1340, Havertown, PA 19083; PHONE : 484-472-8227; FAX : 484-472-8708. Phone: 866-572-1352 Web: iobp.com Subscription Rate (for 24 issues): Users Annual price Users Annual price 1-5 $265 flat 25-29 $44/user 6-9 $53/user 30-34 $43/user 10-14 $49/user 35-40 $42/user 15-19 $47/user 41+ Call 20-24 $45/user 866-572-1352 How fit tests can help ensure crew members don’t lose their hearing If an employee who works in a noisy area tells you that he or she is having trouble hearing, you should probably let your safety manager know what’s going on – the staff member might benefit from a hearing protection fit test. So suggests a safety and health information bulletin recently released by the Occupational Safety and Health Administration (OSHA). Although hearing protection fit tests aren’t mandatory under federal law, you’re still responsible for making sure staffers aren’t exposed to excessive noise levels. One of the best ways to do that is to conduct fit tests to help identify the most effective hearing protection device for each employee. The new OSHA bulletin says hearing protection fit tests should be done when a crew member reports hearing problems such as tinnitus, or ringing in the ears. They should also be performed, according to the bulletin, when a worker is first enrolled in a hearing conservation program and after new hearing protection devices have been made available to members of the workforce. Forklift operator talking on his cellphone when vehicle strikes executive At your next tailgate talk on forklift safety, remind your truck operators that distractions can be deadly. For proof, consider the recent death of Sunbok You, the CEO of SBY America. The 45-year-old executive was walking across a road at the HL-GA Battery Co. construction site in Ellabell, GA, when he was struck and killed by a forklift truck. OSHA investigated the fatality and learned that the driver of the forklift, who worked for Beyond Iron Construction, was talking on his cellphone at the time of the incident. After the vehicle struck You, the forklift operator fled the scene. OSHA hammered Beyond Iron with a proposed fine of $16,550 for multiple violations of forklift safety regulations. Man’s finger sliced off after employer ignored previous injury incident Alert: Supervisors who turn a blind eye to injury incidents are risking significant safety fines. Consider, for instance, a recent injury at All FAB Precision Sheetmetal Inc., San Jose, CA. A worker had part of his finger amputated while he was operating a machine that wasn’t properly guarded. It turns out that a different crew member suffered a finger amputation while using unguarded equipment a year earlier. After the second incident, the California Division of Occupational Safety and Health hammered All FAB Precision with a proposed fine of $212,850. safety news for supervisors 2 Safety Alert for Supervisors May 4, 2026 The burning of poisonous plants can lead to severe lung irritation Before laboring outdoors in areas that could have poisonous plants, such as poison ivy or poison oak, workers should know not to burn these plants. Reason: When poisonous plants are burned, the hazardous chemical in them – urushiol – becomes airborne, so workers might inhale the substance and experience severe lung irritation. Here’s what workers should look for during hard hat inspections Now might be a good time to remind your crew members to always inspect a hard hat before wearing it. They should first look at the shell. If the color is faded or has a chalky look, it could be damaged. And if the shell feels brittle, has a hole, or is cracked, the hard hat shouldn’t be used. Then staffers should examine the suspension system. If it’s cracked, frayed, or shows other signs of wear, the hard hat needs to be taken out of service and replaced right away. Do your staffers know when respirators should be replaced? Take note: Workers should replace or repair a respirator when they notice any of the following: • Unusual odors, tastes, or irritation indicating that contaminants might be passing through the gear. • Increased difficulty breathing through the respirator, which might mean the filter is clogged. • Noticeable air leaks that could indicate the seal is compromised. • Accumulation of contaminants on the respirator’s surface or filters. • Tears, holes, broken straps, or any other visible damage. • Any changes to the shape of the respirator, including a distorted face seal or mouthpiece. • Head straps that have lost their elasticity. 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legal developments Safety insight: If a crew member alerts you to a potentially dangerous situation, stop the work right away and take steps to eliminate the hazard. What happened: A company was hired to perform a task that required workers to labor in trenches. The host employer said the contract company had to maintain a safe worksite and comply with safety regulations, but the host employer had no direct involvement in managing the job or ensuring that contract workers stayed safe. What people did: A contract crew member was descending into a 10-foot- deep excavation when he noticed water seeping into the hole. He alerted his supervisor to the problem and suggested that it was too dangerous to keep working. His supervisor said to him, “Get the f-ck down there.” A short time later, the trench collapsed and the man was completely buried in soil. He survived the incident, but he suffered physical and mental injuries. Legal challenge: The injured contract staff member sued the host employer, arguing that it had a duty to provide him with a safe workplace. Result: The company won. But it was close. At first, a jury awarded $20.5 million to the injured man, but an appeals court overturned the verdict. The judge said the host employer didn’t exercise enough control over the work to be held liable. In fact, said the court, the host employer hired the contract company because the contractor was supposed to know how to perform the task safely. The skinny: Contract workers usually have a hard time pinning the blame for injuries on host employers – contractors are often hired because they have the expertise on how to safely perform hazardous jobs. Cite: Kono v. D.R. Horton Inc., Supreme Court of Iowa, No. 23-2092, 4/10/26. horror stories Summary A 51-year-old worker who was an avid motorcyclist and a founding member of a biker club was crushed to death when the lift axle on a large tractor trailer broke off and landed on him. The incident Stacy Martin had just returned from a trip to California to resume working at Bert’s Truck Equipment in Moorhead, MN. He’d been employed by the truck equipment shop for nearly 15 years and was known for his boisterous personality, so he made sure to give everyone a quick update on his great trip. Then Martin got down to business. He was assigned to repair a damaged lift axle on a tractor trailer. He positioned himself underneath the vehicle and began inspecting the lift axle. Without warning, a weld on the 1,500-pound lift axle failed, and the axle detached and landed on Martin’s chest and abdomen. The response When emergency responders arrived a short time later, they saw that Martin was alert and chatting with his coworkers. He was still conscious when they got him into the ambulance. But on the way to the hospital, Martin lost consciousness. Paramedics tried to revive him, but they were unsuccessful. Additional efforts at the hospital to save Martin also failed, and he was soon declared dead from his severe crushing injuries. The aftermath Martin, of Fargo, ND, was an avid motorcyclist whom everyone knew as “Deuce.” He was a founding member of the Second Brigade Motorcycle Club. “Gone from our sight but never from our ride,” wrote his biker buddies Cakes and Tater. “Your legacy will live on in every mile we travel, every memory we share and every road that still carries your name with love and respect! Ride free, Deuce.” May 4, 2026 Safety Alert for Supervisors 3 You make the call: The decision (See case on page 1) No. The company lost. The court dismissed the employer’s lawsuit challenging the fine. The judge said the company couldn’t get the citation overturned by claiming it was economically infeasible to comply with the safety regulation due to the high cost of hiring a full-time safety supervisor. For the organization to win its economic infeasibility argument, it had to show that there was no other way for it to comply with the regulation. Yet the safety inspector pointed to several other potential compliance methods – increased training and surprise inspections – that could’ve improved safety and not cost a lot. What it means: Safety is always worth the price Sure, it can sometimes cost a lot to comply with safety regulations, but remember that companies are rarely able to defeat citations by claiming that it would’ve been too expensive to keep people safe, as the employer in this case tried to do. If courts allowed the economic infeasibility argument to stand, just about every organization would cite high cost as a reason not to comply with safety regulations. Remember: The cost of ensuring staffers stay safe pales in comparison to the high price of just one severe workplace injury. Based on Fama Construction v. Occupational Safety and Health Review Commission. Supervisor ignores staffer’s warning of impending danger Biker buddy crushed to death by 1,500-pound truck lift axle
K eep in mind that a chemical spill is more than just an inconvenience. Depending on the toxicity of the spilled substance and the size of the leak, these incidents can lead to severe injuries, including burns and irritation of the skin, eyes, lungs and other organs. And spills of some especially hazardous chemicals can cause respiratory illnesses and even death. Since we don’t want anyone here to suffer a potentially fatal injury, it’s important for everyone to take steps to reduce the chances a spill will happen to begin with. Common causes First, it pays to recognize the most common causes of spills, which include improper handling of chemicals when they’re being transferred between containers, poured, or combined. And leaking, damaged, or incorrectly positioned containers can cause liquids to spill from the container and create a hazard. In addition, chemical spills often result from equipment failures involving hoses, valves, tanks, seals, or processing machinery. (What steps can we take to reduce the likelihood of a severe chemical spill?) One of the best ways to lower the chances of a spill is to ensure that the containers in which substances are being kept are compatible with the chemical. For example, a corrosive chemical should be stored in a glass container so the toxin won’t leak. You also want to confirm that the seals on chemical storage containers are in good condition. Inspect equipment You should get in the habit of regularly inspecting chemical storage containers. Look for drip marks, corrosion, cracks, gaps, discoloration and loose connections. If you notice that a container is damaged, let me or another supervisor know right away so we can have the contents of the container safely transferred to a container that isn’t damaged. Also try to position containers at or below eye level and as close as possible to the floor – the likelihood of container mishandling is lower when they’re easy to access. The four C’s Despite your efforts to prevent a chemical spill, it’s still possible one will happen. If it does, follow the four C’s of cleanup: C ontrol the spill – Stop the leak as quickly as possible by, for instance, closing a valve, shutting off a pump, plugging a hole, or reorienting a container. C ontain the hazard – Use items such as absorbent pillows, pads, clay, or vermiculite to absorb the substance. C ommunicate the risk – Let your supervisor and everyone in the area know about the spill. C lean up the spill – Use a vacuum or a specially designed squeegee to move the spill to an appropriate drain or disposal drum. Thanks for your attention. And remember, let’s stay safe out there! Subject: Stop unsafe work If you saw a potentially hazardous situation that could lead to an injury, would you stop the task right away? If you’re not sure, you should know that stop-work authority is a critical tool for reducing injuries. But it’s only effective when every one of us is willing to end a job that’s unsafe to continue. What to focus on Here are two things to keep in mind when it comes to stop-work authority. 1. Recognize when you should stop working. It pays to be aware that in certain situations, you should end a task or encourage a coworker to stop the job. These situations could include severe changes in the weather, improper use of hazardous equipment, near misses, alarms sounding, unguarded equipment, lack of training for a risky job and an emergency. 2. Don’t be afraid to take action. You shouldn’t allow a dangerous task to continue for any of these reasons: you’re afraid of being disciplined, you want to avoid conflict, you don’t want to slow down the work, or you’re concerned about being labeled a snitch. None of these justifications should overcome your concerns that someone could suffer an injury if the work continues. Today’s safety meeting ✔ Topic: Chemical spills ✔ Today’s Date: __________________ ✔ Attendee Signatures: Tailgate talk Supervisor’s safety toolbox SafetyAlert FOR SUPERVISORS 4 Safety Alert for Supervisors May 4, 2026
