Safe Workplace and Safety News

To coincide with the proposed rule on Cranes and Derricks in Construction, published in today's Federal Register, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has initiated a National Crane Safety Initiative to address safety hazards during construction crane operation.

The Crane Safety Initiative also builds on a number of steps taken by OSHA earlier this year to raise awareness on crane safety and increase enforcement of the current standards, including launching local emphasis programs in a number of regions to inspect high-rise construction, stakeholder outreach and additional training on crane safety.

"Three important features of this initiative are that it will provide information and outreach to the construction industry and other stakeholders, offer enhanced resources to OSHA inspectors who address crane safety and implement a National Emphasis Program on Crane Safety," said Assistant Secretary for Occupational Safety and Health Edwin G. Foulke Jr. "The Bureau of Labor Statistics recently reported the 2007 fatality rate was the lowest in recorded history, including a reported five percent reduction in fatalities for the construction industry. This initiative builds upon this successful record."

Through its agency partners in the construction industry, OSHA will increase awareness of and provide information on how to avoid crane hazards. The agency's compliance safety and health officers will receive enhanced resources on crane safety. Additionally, the National Emphasis Program will incorporate increased targeted inspections of construction worksites to identify crane hazards and promote compliance with workplace crane safety requirements.

OSHA's proposed rule on cranes and derricks addresses the key hazards associated with construction cranes and derricks.

Labels: Construction Safety, OSHA, osha information

OSHA) will hold a public hearing Oct. 6 and 7 to receive comments on its proposal to clarify the remedies available for violations of its personal protective equipment (PPE) and employee training requirements. The hearing will be held at the U.S. Department of Labor's Frances Perkins Building, 200 Constitution Ave. N.W., Conference Room C-5320 #6, in Washington, D.C.

OSHA encourages all interested members of the public to participate. A notice of hearing is available at http://federalregister.gov/OFRUpload/OFRData/2008-21852_PI.pdf and includes instructions for submitting a required notice of intention to appear by no later than Sept. 26.

The proposed revisions are to implement OSHA's longstanding position that its PPE and training standards impose a separate compliance duty to each employee covered by the PPE or training requirements. An employer who violates one of these provisions commits a separate violation for each employee who is not trained or does not receive the proper PPE.

In this proposal, OSHA seeks to amend its PPE and training standards to clarify the nature of the employer's obligation to each employee and to conform with the language that the Occupational Safety and Health Review Commission has approved as the basis for per-employee citations. More information about the proposal may be found in the Notice of Proposed Rulemaking published in the Aug. 19 edition of the Federal Register (73 FR 48335).

Members of the public with questions about the hearing may contact Veneta Chatmon at 202-693-1999.

Labels: OSHA, osha information, safety regulations

OSHA has published an Advance Notice of Proposed Rulemaking (ANPR) addressing tree care operations, including hazards, fatalities and control measures. OSHA is requesting data, information and comments on effective measures to control hazards in tree care operations and prevent injuries and fatalities.

"This rulemaking will assist us in determining effective measures to control hazards and prevent employee injuries and fatalities," said Assistant Secretary of Labor for OSHA Edwin G. Foulke, Jr. "Input from the public is important as we proceed in our efforts to protect the safety and health of the men and women working in tree care operations."

The ANPR includes several questions for public comment related to current employer practices, along with tasks, tools, equipment, machines, vehicles, processes, controls and procedures involved in tree care operations. Additionally, OSHA requests comment on regulatory alternatives to reduce injuries and fatalities, as well as what requirements a standard addressing hazards in this industry should include and the potential costs and benefits of such a standard.

Comments must be submitted by Dec. 17, 2008. To submit electronically, visit http://www.regulations.gov, the Federal eRulemaking Portal and follow the instructions. If your comments do not exceed 10 pages, you may fax them to 202-693-1648. If submitting by mail, hand delivery, or messenger/courier service, send three copies of your comments and attachments to the OSHA Docket Office, Docket No. OSHA-2008-0012, U.S. Department of Labor, 200 Constitution Ave., N.W., Room N-2625, Washington, DC 20210; telephone 202-693-2350. Please include the docket number on all submissions.

Labels: OSHA, osha information

The following is a press release from OSHA:

ARLINGTON, Texas -- The U.S. Department of Labor has entered into a settlement with Encore Management Co. in Arlington to resolve findings by the Occupational Safety and Health Administration (OSHA) that the company illegally terminated an employee because she complained about safety and health issues.

OSHA whistleblower investigators found that Encore Management terminated the employee, who served as the community director at one of the apartment complexes it managed, after discovering she filed a complaint with the Texas Department of State Health Services (DSHS) regarding possible asbestos exposure.

"Employees should be free to exercise their rights under the law without fear of termination or retaliation by their employers," said Dean W. McDaniel, OSHA's regional administrator in Dallas. "This settlement underscores the Labor Department's commitment to vigorously take action to protect those rights."

The employee expressed concerns to her supervisor that a renovation project at the complex was exposing workers to asbestos. When Encore Management failed to address the employee's concerns, she filed a complaint with DSHS, which conducted an inspection and found the apartment complex had not performed sufficient asbestos testing prior to beginning its renovation and had hired an unlicensed contractor to remove known asbestos material.

After being terminated, the employee filed a whistleblower complaint alleging she had been fired by Encore Management in retaliation for filing the complaint with DSHS. OSHA investigated the complaint and determined that Encore Management's termination of the employee was in violation of the whistleblower provisions of the Occupational Safety and Health (OSH) Act.

The company entered into a voluntary settlement after OSHA referred the case to the Labor Department's Solicitor's Office for enforcement. Pursuant to the terms of the settlement, Encore Management paid the complainant $25,000 for lost wages, job seeking expenses, out of pocket medical expenses and a year of future lost earnings. The company also agreed to provide the complainant with a neutral job reference and remove derogatory information related to her termination from her personnel file.

Encore Management, headquartered in California, provides property management services to several apartment complexes throughout the Dallas-Fort Worth, Texas, area.

OSHA enforces the whistleblower provisions of the OSH Act and 16 other statutes protecting employees who report violations of various trucking, airline, nuclear power, pipeline, environmental, rail and securities laws. Detailed information about employee whistleblower rights, including fact sheets, is available online at: http://www.osha.gov/dep/oia/whistleblower/index.html.

Labels: OSHA, safety management

OSHA announced yesterday in the Aug. 19 Federal Register that it is accepting public comments on a Notice of Proposed Rulemaking (NPRM) on Personal Protective Equipment (PPE) and training standards. The proposal clarifies that when an OSHA standard requires an employer to provide PPE, such as respirators, or training to employees, the employer must do so for each employee subject to the requirement. Each employee not protected may be considered a separate violation for penalty purposes.

"We want employers to understand the importance of complying with OSHA’s PPE rule for each and every one of their employees," said Assistant Secretary of Labor for OSHA Edwin G. Foulke, Jr. "Without question, providing PPE for all employees will reduce costs, save money and, most importantly, save lives."

The proposed rule affects OSHA’s general industry, construction, and maritime standards. In many cases, OSHA combines separate violations of a single requirement in a standard into a single penalty. However, under the instance-by-instance penalty policy, OSHA may propose a separate penalty for each specific violation where the employer demonstrates a flagrant disregard for safety and health.

The proposed rule makes clear that failure to provide appropriate PPE or training may result in per-instance penalties in appropriate cases. The proposed rule does not add new compliance obligations, nor are employers required to provide any new type of PPE or training. The amendments merely clarify that a separate penalty may be assessed for each employee not provided the required PPE or training.

The agency will accept public comments on the proposed rule until Sept. 18. Interested parties may submit comments electronically at http://www.regulations.gov, the Federal eRulemaking Portal; by sending three copies to the OSHA Docket Office, U.S. Department of Labor, Room N-2625, 200 Constitution Avenue, NW, Room N-2625, Washington, DC 20210; or by FAX at (202) 693-1678 if the comments and attachments do not exceed 10 pages. Comments must include the Agency name and Docket Number for this rulemaking (Docket No. OSHA-2008-0031).

Labels: OSHA, PPE, safety regulations, Safety Training

The American Society of Safety Engineers (ASSE), representing 32,000 occupational safety, health and environmental professionals, provided a statement for the record to the U.S. Senate Committee on Health, Education, Labor and Pensions’ Subcommittee on Employment and Workplace Safety for their hearing held July 29 titled “Dangerous Dust – Is OSHA doing enough to protect workers?” ASSE urged caution in moving ahead to address hazardous dust risks legislatively without developing a deeper understanding of current Occupational Safety and Health Administration (OSHA) standards, their enforcement by OSHA, and the approach taken through national consensus standards.

The ASSE statement said, following the February 2008 combustible dust explosion at the Imperial Sugar refinery in Port Wentworth, Georgia, that killed 13 workers and injured 40, it understands the urge to find a legislative solution, as reflected in the “Combustible Dust Explosion and Fire Prevention Act of 2008” (HR 5522) introduced by House Committee on Education and Labor Committee Chairman George Miller. ASSE supports much in Chairman Miller’s approach, including the bill’s assurance that any new OSHA rule concerning combustible dust will not be less effective than the National Fire Protection Association (NFPA) voluntary consensus standards.

Several other issues related to managing combustible dust should also be addressed by the legislation, ASSE said. Most important is the lack of adequate OSHA’s resources to conduct inspections, which contribute to missing dangerous workplaces by OSHA and can result in inspections that are hurried or done without an adequate basis in training. ‘If only 50 of OSHA’s 1029 inspectors had “extensive dust training,’ as Assistant Secretary for OSHA Edwin Foulke, Jr., told 60 Minutes recently, ‘then a bill requiring more standards without the adequate capability to enforce them will not be adequate to address this hazard when workers’ lives are at stake.’

Further, ASSE advised that, due to the complex technical and policy issues involved, Congress should require OSHA to address the issue through negotiated rulemaking, which mirrors the voluntary consensus-building process used by industry and the occupational safety and health community to address combustible dust.

ASSE also expressed concern over setting unrealistic dates for OSHA to issue an interim final standard within 90 days of enactment followed by a final standard within 18 months. The complexities posed by the current statutory obligations under the Administrative Procedure Act, the Small Business Regulatory Fairness Act (SBRFA) and the required regulatory and economic impact analyses lead ASSE to conclude that completion of a final rule within 24 months is a more realistic goal. Reasonably more time would allow Congress working with OSHA and the occupational safety and health community to address what may be the key underlying difficulty with the current regulatory approach to combustible dust. With 17 different OSHA regulations impacting combustible dust risks, it is reasonable to expect difficulties in employers’ efforts to establish a cohesive and effective combustible dust hazard management program in a workplace.

ASSE noted the 17 existing OSHA standards in place to address combustible dust hazards in addition to Section 5(a)(1) of the OSH Act (General Duty Clause) : 1910.22, housekeeping; 1910.38, emergency action plans; 1910.94, ventilation; 1910.119, process safety management; 1910.132, personal protective equipment; 1910.146, permit-required confined spaces; 1910.157, portable fire extinguishers; 1910.165, employee alarm systems; 1910.176, handling materials – general; 1910.178, powered industrial trucks; 1910.263, bakery equipment; 1910.265, sawmill operations; 1910.269, electric power generation, transmission, and distribution; 1910.272, grain handling facilities; 1910.307, hazardous (classified) locations; and 1910.1200, hazard communication.

While no simple answer to the complexities involved in managing combustible dust exists, a more organized, comprehensive approach by OSHA is needed to facilitate compliance. ASSE’s primary concern is that an answer to the current difficulties involving combustible dust risk management be based on sound science and done in a way that affords all stakeholders due process, without any undue delay.

Founded in 1911, the Des Plaines, IL-based ASSE is the largest and oldest professional safety organization and is committed to protecting people, property and the environment.

Labels: hazard prevention, Industrial Safety, OSHA, SHARP

On Friday Occupational Health and Safety Magazine reported that OSHA "issued an instruction transmitting policies and procedures for implementing a National Emphasis Program to reduce occupational exposures to lead, effective immediataly."

You can read the entire article at: http://www.ohsonline.com/articles/66411/

The new directive, CPL 03-00-009, replaces CPL 02-00-130.

Labels: Industrial Health, OSHA

The OSHA Region VI office in Dallas, Texas, has established a Regional Emphasis Program covering employees in the construction industry who perform crane operations. The program conducts safety inspections of workplaces in Texas, Arkansas, Louisiana, Oklahoma and sites in New Mexico that are under federal OSHA jurisdiction.

"This Regional Emphasis Program (REP) was established as an enforcement initiative for the inspection of cranes used in construction, with the goal of preventing serious and fatal injuries to employees working on and around cranes," said Regional Administrator Dean McDaniel. "The REP will address various hazards associated with cranes, including but not limited to, being struck by objects, electrocution, crane tip-over, being caught in or between machinery, and falls. Past inspection evidence indicates these hazards are the leading causes of accidents where cranes are used in the construction industry."

The emphasis program is intended to supplement existing OSHA targeting programs, focusing additional resources as necessary to monitor job sites, promote compliance, and promote awareness of safety and health hazards during construction activities involving cranes. OSHA will utilize a number of tools to address this issue, including enforcement, outreach, training, on-site consultation, partnerships, alliances and the agency's Voluntary Protection Programs.

Under OSHA's construction crane standard, 29 C.F.R. 1926.550, there is a general requirement for employers to inspect construction cranes prior to each use, during use and annually. OSHA also has specific standards that apply to different types of cranes. The OSHA standard requires that employers conduct tower crane inspections prescribed by the manufacturer.

For more information contact OSHA area offices in the region: Austin, Texas, 512-374-0271; Baton Rouge, La., 225-298-5458; Corpus Christi, Texas, 361-888-3420; Dallas, Texas, 214-320-2400; Fort Worth, Texas, 817-428-2470; Houston North, Texas, 281-591-2438; Houston South, Texas, 281-286-0583; Little Rock, Ark., 501-224-1841; Lubbock, Texas, 806-472-7681; Oklahoma City, Okla., 405-278-9560. OSHA's Region VI also has two district offices: El Paso, Texas, 915-534-6251 and San Antonio, Texas, 210-472-5040.

Labels: Construction Safety, OSHA, OSHA Inspections

Here are some brief stories that caught my eye today...

Which OSHA Requirement Would You Toss? - This is an article in Occupational Hazards by David K. Ermer in which he proposes eliminating the requirement that MSDS's be retained for 30 years.

Occupational Health & Safety reports today that the International Labour Organization calls the declaration that came out of a meeting that preceded the 18 World Congress on Safety and Health at Work as a "'Major New Blueprint' for Global Safety". "The declaration says governments should consider ratifying the ILO Promotional Framework for Occupational Safety and Health Convention, 2006, as a priority, and should ensure workers are protected by an adequate system of enforced safety and health standards."

Is A Handgun Considered PPE? - The police union at Princeton University filed a complaint with OSHA because the University did not provide them with handguns they felt they needed to protect themselves. Read this Daily Princetonian article to find out how OSHA ruled. (OSHA said "no".)

New ASTM Task Group Works on Standard for Safe Handling of Annealed Glass - "Recent accidents involving annealed glass along with requests from OSHA have led ASTM International to form a new task group that will work on the development of a proposed standard guide for the safe handling of annealed glass."

Labels: OSHA, osha information, safety politics, safety regulations

The hot days of summer are here. Throughout the country, thousands of employees who work outdoors face the potential dangers associated with overexposure to heat. Factors such as working in direct sunlight, high temperature and humidity, physical exertion and lack of sufficient water intake can lead to heat stress.

"During the warm season, it is important to understand that exposure to heat can cause serious illness or death," said Assistant Secretary of Labor for OSHA Edwin G. Foulke, Jr. "We encourage employers and employees to take advantage of OSHA's many free resources that offer advice on how to stay healthy while working outside."

Exposure to heat can cause heat cramps and rashes. The most serious heat-related disorders are heat stroke and heat exhaustion. Symptoms include confusion; irrational behavior; loss of consciousness; hot, dry skin; and abnormally high body temperature. Drinking cool water, reducing physical exertion, wearing appropriate clothing and regular rest periods in a cool recovery area can lessen the effects of working in summer heat.

Protecting Workers from the Effects of Heat is a fact sheet explaining heat stress and how it can be prevented. The fact sheet Working Outdoors in Warm Climates provides recommendations on how to protect employees from exposure to ultraviolet radiation (UV) and offers information on insect-caused illnesses such as West Nile Virus and Lyme disease. Employers and employees will find more practical tips for guarding against UV radiation in Protecting Yourself in the Sun, a pocket-sized card addressing skin cancer, describing its varied forms, and suggesting ways to block UV rays.

These outdoor work-related publications and others are free and can be downloaded from the Publications page on OSHA's Web site or ordered from the publications office at 202-693-1888. More information can be found on the Web sites of the Centers for Disease Control and Prevention (CDC) and the National Institute for Occupational Safety and Health (NIOSH).

Labels: Industrial Health, OSHA, Safety Training

In their Sunday edition the Boston Globe answers this question from a worker:

"My co-workers and I are subject to what we believe are harmful fumes. Management is aware of the problem, but has refused to take measures to improve air quality. My co-workers and I are hesitant to speak out due to fear of retaliation. What actions can we take to ensure safe conditions without risking our jobs?"

Read the answer in the Boston Globe

Labels: OSHA, osha information, workplace safety

The Sunday edition of the Las Vegas Sun continues that newspaper's look at OSHA and construction safety. This article states that OSHA uses directives, which are interpretations of safety requirements, to weaken or abolish the established safety requirements. The article states that in this way, although a safety requirement is on the books, it will not be enforced.

The Las Vegas Sun article states: "OSHA in recent years has issued interpretations of long-standing safety requirements that, in some cases, effectively change or abolish those requirements without public review, critics argue. For nearly three decades after OSHA was created by a Democratic Congress and signed into law in 1972 by a Republican president, the agency issued what are known as compliance directives to instruct field officers in enforcement of OSHA laws.

But in the past decade, OSHA’s construction standards division began using compliance directives more broadly. They were used to interpret safety standards and to tell employers which standards could lead to safety violations."

But labor advocates say the use of directives to interpret or change the meaning of construction safety standards is improper. The directives do not go through the same public review as the standards themselves did.

'A party can challenge a standard within 60 days when it’s issued, but with compliance directives you don’t have the right as a worker or union to challenge it, and it becomes a way of changing the rule,' said Peg Seminario, AFL-CIO’s director of safety and health."

You can read the entire article at the Las Vegas Sun

Labels: Construction Safety, OSHA, politics

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) announced in the April 21 Federal Register that it will hold an informal public hearing to receive testimony and documentary evidence on the proposed rule for Confined Spaces in Construction. The hearing is scheduled for 10 a.m. on July 22, 2008, at the Department of Labor's Frances Perkins Building in Washington, D.C. If a second or third day is necessary, the hearing will begin at 9 a.m. on those days.

"The proposed rule is intended to address construction-specific issues as they relate to confined spaces and establish comprehensive procedures to protect employees," said Assistant Secretary of Labor for OSHA Edwin G. Foulke, Jr. "This hearing will allow interested parties the opportunity to provide input on the proposed rule."

OSHA published the proposed Confined Spaces in Construction Standard on November 28, 2007 (72 FR 67351) and the public was given until February 28, 2008, to submit comments. Those who intend to present testimony at the hearing must notify OSHA in writing of their intention to do so no later than May 21, 2008. Parties who request more than 10 minutes for their presentations at the hearing and those who will present documentary evidence must provide the agency with copies of their full testimony and all documentary evidence no later than June 20, 2008.

Labels: OSHA, osha information

OSHA offers a variety of "eTools". These are interactive, web-based training tools covering occupational safety and health topics. One of their latest tools is called $afety Pays.

The "$afety Pays" program is an interactive expert system to assist employers in estimating the costs of occupational injuries and illnesses and the impact on a company's profitability. This system uses a company's profit margin, the AVERAGE costs of an injury or illness, and an indirect cost multiplier to project the amount of sales a company would need to generate in order to cover those costs. Businesses can use this information to predict the direct and indirect impact of injuries and illnesses and the estimated sales needed to compensate for these losses.

Labels: OSHA, Safety Training

OSHA has announced in the Federal Register that it will be awarding $6,700,000 in grants for safety and health training.

OSHA awards grants to nonprofit organizations on a competitive basis through its Susan Harwood Training Grant Program. Grants are awarded to provide training and education programs for employers and employees on the recognition, avoidance, and prevention of safety and health hazards in their workplaces. OSHA selects the safety and health topics and holds a national competition to award grants. The program
emphasizes four areas:

• Educating employees and employers in small businesses. For
  purposes of this grant program, a small business is one with 250 or
  fewer employees.


• Training employees and employers about new OSHA standards.


• Training at-risk employee and employer populations.


• Training employees and employers about high risk
  activities or hazards identified by OSHA through the Department of
  Labor's Strategic Plan, or as part of an OSHA special emphasis program.

Nonprofit organizations, including community and faith-based organizations, that are not an agency of State or local government, are eligible to apply. State and local government supported institutions of higher education are also eligible to apply.

OSHA has an annual competition for grants. The Harwood solicitation for grant applications (SGA) opportunity is published in the Federal Register. Once it has been published in the Federal Register, the SGA is posted on the government-wide Grants.gov web site. Grants.gov allows organizations to electronically find and apply for Federal grants. Grants.gov is the single access point for over 1,000 grant programs offered by all Federal grant making agencies.

Labels: OSHA, osha information

The following was published yesterday by OMB Watch

Sunday's Cleveland Plain Dealer ran an article by Stephen Koff highlighting a problem OMB Watch has been focusing on for the past few months: declining budgets and staffing levels at federal regulatory agencies.

As a result, agencies are finding it difficult to fulfill their missions, and regulatory failures like collapsing mines, recalled toys, and contaminated food dominate headlines. From the article:

The broader safety net - protecting children from dangerous toys, adults from tainted spinach and beef, factory workers from chemical dust that can sicken or explode, miners from underground passageways that collapse - has frayed, they say. The government's own records and statistics bear this out in many ways, showing shrinking agency budgets, personnel rosters that don't keep pace with inspection demands, and White House rejection of proposed safety rules.

As agency budget and staffing levels have shrunk, regulated entities have grown. In 1981, the Food Safety Inspection Service (FSIS) — the federal regulator in charge of meat, poultry, and egg products — employed about 190 workers per billion pounds of meat and poultry inspected and approved. By 2007, FSIS employed fewer than 88 workers per billion pounds, a 54 percent drop.

The Occupational Safety and Health Administration (OSHA) has also been unable to keep up with its responsibility to enforce safety regulations in the workplace. In 1980, OSHA had approximately three staff members for every 100,000 American workers. By 2006, it had only 1.5 staff members. In 1980, OSHA and state regulators conducted 1.77 inspections per 100,000 workers. By 2005, OSHA and the states conducted only 0.668 inspections per 100,000 workers — a 62 percent drop.

The resource shortfalls of the Consumer Product Safety Commission have been well-documented; but the situation appears even worse when comparing the agency's budget and staffing levels to one of the fastest-growing yet most dangerous products it regulates — all-terrain vehicles. In 1988, when CPSC began regulating ATVs after settling a lawsuit with manufacturers, the agency employed more than 36 staff members for every 100,000 four-wheel ATVs in use. By 2004, CPSC employed fewer than seven staff members for every 100,000 ATVs. Meanwhile, old regulations have expired and the Bush administration has stalled the development of new standards.

As Koff points out, the decisions by multiple presidents and congresses to shortchange federal agencies has undermined a long-standing national focus on public protection:

The result: The era of government as consumer protector, born of 1960s and '70s activism, has faded.

Labels: OSHA

This week I've been focusing on articles showing an increasing level of public dissatisfaction resulting from a perception that OSHA is not doing the job it should be doing. I'll finish the week with this article from yesterday's edition of the Quad Cities Dispatch. It reports that "A one-time superintendent for a Carbon Cliff roofing company faces federal criminal charges for allegedly obstructing an investigation into the accidental death of an employee."

The U.S. Attorney's Office for the Central District of Illinois has filed a criminal complaint against Stephen F. Vyncke, an employee of Winter's Architectural Roofing in Carbon Cliff. He is charged with obstructing an OSHA investigation.

You can read the article online at: http://qconline.com/archives/qco/display.php?id=381169

Again I urge you to read the comments at the bottom of the article.

Labels: OSHA, Workers' Comp, workplace safety

The congressional safety hearings being conducted this week were prompted by the series of articles in the Charlotte Observer in mid-February (see blog posts Pain Behind Safety Streak and Do Employers Underreport Worker's Injuries). This week's hearing is the first of three scheduled congressional hearings. The Charlotte Observer summarized the testimony given in Tuesday's hearings in an article published yesterday.

The article reported "Saying companies that ignore workplace hazards face little more than a 'slap on the wrist,' lawmakers on Tuesday called for stiffer penalties and stronger enforcement against chronic violators."

Read the Charlotte Observer article at: http://www.charlotte.com/739/story/562887.html

Labels: OSHA, workplace safety

The series of articles, in the Las Vegas Sun, about OSHA's lack of enforcement continues today in an article called OSHA up for rare inquiry.

The article reports that: "Nine construction workers have died in eight accidents at CityCenter, Cosmopolitan, Fontainebleau, Trump and Palazzo over the past 16 months. The Sun reported this week that Nevada OSHA investigators have found a pattern of safety violations on construction sites but routinely withdrew or watered down their citations after meeting privately with contractors."

The public response to this series in the Las Vegas Sun can be read in some of the comments added to the article, such as:

"I cannot help but believe that OSHA is on the take. So many fatalities and so little action. It just does not make sense. The fines are so minimal to begin with. If you compare the dollars here, the fines being levied against these companies when a life is lost is not even their weekly payroll."

Labels: Construction Safety, OSHA, OSHA Citations

The following press release was issued by Change to Win, a partnership of seven unions.

The Cintas Corp. was criticized today in a U.S. Senate hearing for having a dangerous pattern of disregarding worker safety. The hearing, held by the Employment and Workplace Protections Subcommittee of the Health, Education, Labor and Pensions (HELP) Committee, sought to hold leading corporations like Cintas accountable for repeated safety violations.

"What is most disturbing to me is that these tragedies are happening over and over again in the same industries. And they are happening far too often at the same companies -- where workers are doing jobs that their employers know are dangerous and unsafe," stated Subcommittee Chairwoman Patty Murray (D-Wash.).

Not even multiple citations and record breaking proposed penalties have persuaded Cintas to eliminate the kinds of violations that led to the March 2007 death of Tulsa, Oklahoma, worker Eleazar Torres Gomez. More than one year after this fatality, Cintas workers report they continue to face the same kinds of potentially lethal dangers in their plants. The Occupational Safety and Health Administration (OSHA) is currently investigating these hazards in an Illinois Cintas laundry.

In addition to Cintas, Senators heard testimony about pork producer Smithfield Farms, garbage collector Waste Management, and residential construction developer Avalon Bay. While these employers are from vastly different industries, like Cintas, they have made choices that increased the risk of injury or illness to their workers.

The hearing also addressed OSHA's failures to investigate and remedy corporate-wide health and safety violations as a result of ineffective enforcement tools and inadequate resources.

"To prevent accidents, instead of only assigning blame afterward, OSHA needs to root out the source of these problems," said Sen. Edward Kennedy (D-Mass.), HELP Committee Chairman. "A broad-based approach to enforcement has the power to transform workplace accidents from senseless losses to catalysts for changes that save lives."

Witnesses made several suggestions to reform OSHA including passage of the Protecting America's Workers Act. This bill would expand the protection of the Occupational Safety and Health Act, strengthen the agency's ability to enforce the law and increase criminal penalties for the most egregious safety violations.

"OSHA and America's working families need your help to send a clear message to negligent employers: Workers lives must be valued more than profits," Change to Win Health and Safety Coordinator Eric Frumin told senators. "The Protecting America's Workers Act is a good first start. But much more is needed to prevent more families, like the Torres family in Tulsa, from mourning because of unsafe jobs."

Senator Sherrod Brown (D-Ohio) agreed. "Workplace safety isn't an option, it's an imperative," he said. "American workers built this nation's prosperity, and it is in our nation's interest to protect their health and safety in the workplace."

Labels: OSHA, politics, workplace safety

The following is based on press release issued by Behavorial Science Technology.

BST testifimony at the Employment and Workplace Safety Subcommittee hearing on serious OSHA violations states that safety program effectiveness is influenced by the culture that leaders create.

In a hearing yesterday before the U.S. Senate Subcommittee on Employment and Workplace Safety, Behavioral Science Technology, Inc. (BST) testified that organizational leaders strongly influence the effectiveness of injury reduction programs through the cultures they create. Data show that safety outcomes markedly improve in companies that take a holistic approach to improvement activities that includes giving leaders an active role in safety functioning.

BST executive consultant Carmen Bianco cited results from more than 150 client sites in North America to show that companies reduce injuries more effectively with a comprehensive employee-engagement approach than with traditional safety programs alone. Companies in the study group achieved an average 25% reduction in injury rate after the first year, increasing to an average 65% improvement after five years.

"Traditional safety programs are essential but not sufficient for excellence," says BST chief operating officer Scott Stricoff. "Business systems, management decisions, and the culture as a whole all influence how effectively safety systems perform. Engaging executives, managers, and
supervisors helps companies align the business to work with, not against, the safety objective."

According to U.S. Bureau of Labor Statistics data, work-related accidents injure more than four million workers, and cause more than 5,000 worker fatalities, every year. Workplace injuries are estimated to cost U.S. businesses in excess of $120 billion dollars annually.

For a copy of BST's testimony or additional information on culture, leadership, and workplace safety, contact Rebecca Nigel or visit http://www.bstsolutions.com/about/press_room.shtml.

BST is a global safety consulting and solutions firm headquartered in Ojai, California.

Labels: Industrial Safety, OSHA, politics, workplace safety

The U.S. Department of Labor has filed suit against Brocon Petroleum Inc. and its president, Richard Kohler, on behalf of an employee who was terminated in violation of the whistleblower provisions of the Occupational Safety and Health (OSH) Act. The Freehold construction company specializes in municipal sanitation projects.

The complaint alleges that the defendants terminated the employee in retaliation for the employee engaging in a protected activity. The department's Occupational Safety and Health Administration (OSHA) conducted an inspection of the employer's worksite in response to an anonymous complaint about safety practices at the worksite. The defendants later that day fired the complainant because they believed the complainant had contacted OSHA.

The former employee filed a complaint with OSHA alleging retaliation by the defendants in violation of Section 11(c) of the OSH Act. OSHA investigated the complaint and determined it had merit. After being notified of OSHA's findings, the defendants refused to reinstate the employee to the same or a substantially equivalent position of employment, and to pay back wages or other employment benefits.

"Employees should be free to exercise their rights under the law without fear of termination or retaliation by their employers," said Louis Ricca Jr., OSHA's acting regional administrator in New York. "This lawsuit underscores the Labor Department's commitment to vigorously take action to protect those rights."

Filed in the U.S. District Court for the District of New Jersey, the complaint seeks to reinstate the employee; secure compensatory damages, lost back pay and punitive damages; and require the company to post a notice in a prominent place for 60 days that explains employee rights under Section 11(c) of the OSH Act.

OSHA enforces the whistleblower provisions of the OSH Act and 15 other statutes protecting employees who report violations of various trucking, airline, nuclear power, pipeline, environmental, rail and securities laws. Detailed information on employee whistleblower rights, including fact sheets, is available online at: http://www.osha.gov/dep/oia/whistleblower/index.html.

Labels: OSHA

On February 7th a dust explosion at the Imperial Sugar refinery killed 12 workers and critically injured 11 others, making this the deadliest industrial explosion in the United States since 1980. The following provides links to articles that summarize what is happening in this area.

Occupational Hazards Magazine reports that on Wednesday this week OSHA Administrator Edwin Foulke Jr. stated in congressional testimony that OSHA would consider new rule making on combustible dust a "strong option" only if its investigation of the Feb. 7 explosion and an inspection of existing standards show that existing standards are not adequate.

Safety Business and Legal Reports (Safety.BLR.com) published an article yesterday titled: "OSHA Reissues Combustible Dust National Emphasis Program". This article states that OSHA is taking action. The article states:

"OSHA reissued its Combustible Dust National Emphasis Program (NEP) Instruction. The NEP will increase enforcement activities and focus on specific industry groups that have experienced frequent combustible dust incidents. 'Combustible dust fires or explosions can pose significant dangers in the workplace,' said Assistant Secretary of Labor for Occupational Safety and Health Edwin G. Foulke Jr. 'With this new Combustible Dust NEP, the Agency will increase its activities in outreach, training, and cooperative ventures with stakeholders, as well as enhance its enforcement activities.'"

You can read the Safety.BLR article at: http://safety.blr.com/display.cfm/id/105965

Meanwhile Georgia Insurance and Safety Fire Commissioner John W. Oxendine announced new tougher state regulations to improve safety in workplaces that "produce flammable dust in their manufacturing processes." An article in the Peachtree Corners Weekly reports:

"Oxendine said the new rules will require all industries in Georgia that produce combustible dust to draw up emergency plans, practice implementing the plan, and train employees in evacuation techniques."

In addition:

"At Oxendine’s request, the International Fire Code Committee has approved for their final action hearings, requirements for factory fire emergency evacuation procedures and drills for the 2009 edition of the International Fire Code."

Labels: Emergency Planning, OSHA, safety regulations, workplace safety

The Occupational Safety and Health Administration (OSHA) has posted a new Combustible Dust Safety and Health Topics Web page at www.osha.gov/dsg/combustibledust/index.html to help employers address hazardous combustible dust and provide recommendations to prevent and control these hazards.

"Fires and explosions resulting from combustible dust can pose a significant danger at the workplace," said Assistant Secretary for Occupational Safety and Health Edwin G. Foulke Jr. "This new safety and health topics page is part of a long-term, ongoing program in OSHA to address these hazards and assure safe and healthful working conditions."

Certain combustible substances, when divided into a dust-like form and suspended in air, can become explosive. Industries that have combustible dust include food (for example, candy, sugar, spice, starch, flour and feed), grain, tobacco, plastics, wood, paper, pulp, rubber, furniture, textiles, pesticides, pharmaceuticals, dyes, coal, metals (for example, aluminum, chromium, iron, magnesium and zinc) and fossil fuel power generation. Combustible dust may have been a cause of an explosion at a Georgia sugar refinery plant. An OSHA Safety and Health Information Bulletin at www.osha.gov/dts/shib/shib073105.html reminds employers of the dangers associated with combustible dust and encourages employers to address such hazards at their worksites. OSHA has in place many relevant standards to address combustible dust hazards – including requirements for hazard communication, housekeeping, emergency action plans, ventilation and hazardous locations.

The Web page also features a link to the National Emphasis Program on Combustible Dust (www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=DIRECTIVES&p_id=3729) that provides information on compliance with existing standards, an understanding of the hazard, and methods of abatement and collection of data for analysis. The new page also incorporates information on directives as well as OSHA and national census standards.

Labels: OSHA

The Assistant Secretary of Labor for Occupational Safety and Health has notified 14,000 employers nationwide that their injury and illness rates are considerably higher than the national average.

In a letter sent this month to those employers, Assistant Secretary Edwin G. Foulke, Jr. explained that the notification was a proactive step to encourage employers to take action now to reduce rates and improve safety and health conditions in their workplaces.

"A high injury and illness rate is costly to employees and employers in both personal and financial terms," said Assistant Secretary Foulke. "Our goal is to make them aware of their high injury and illness rates and to get them to focus on eliminating hazards in their workplace. To help them in this regard, OSHA offers free assistance programs to help employers better protect the safety and health of their employees."

OSHA identified businesses with the nation's highest rates of workplace injuries and illnesses through employer-reported data from a 2007 survey of 80,000 worksites (this survey collected injury and illness data from calendar year 2006). Workplaces receiving notifications had 5.4 or more injuries resulting in days away from work, restricted work activity, or job transfer (DART) for every 100 full-time employees. Nationally, the average U.S. workplace had 2.3 DART occurrences for every 100 employees.

Employers receiving the letters were also provided copies of their injury and illness data, along with a list of the most frequently cited OSHA standards for their specific industry. The letter also offered assistance in helping turn the numbers around by suggesting, among other things, the use of free OSHA safety and health consultation services provided through the states, state workers' compensation agencies, insurance carriers, or outside safety and health consultants.

Labels: OSHA

The Charlotte News & Observer is reporting today that an OSHA official says that OSHA lets employers underreport workers' injuries. The article states that Bob Whitmore, "chief of record-keeping requirements for the U.S. Occupational Safety and Health Administration, said OSHA is allowing employers to vastly underreport the number of injuries and illnesses their workers suffer."

Mr. Whitmore is claiming that inuries and illnesses are actually two to three times higher than reported in some industries.

Towards the end the article also reports that Mr. Whitmore has been on administrative leave since last July. This resulted from a confrontation with a supervisor in which, Mr. Whitmore says, "the supervisor spat on him, so he stuck his foot in the man's door and threatened, 'If you ever do that again, I'll kick your [rear].'"

What do you think?

Are injuries and illnesses being underreported, or is Mr. Whitmore just trying to stir up trouble for his employer?

Labels: Industrial Health, Industrial Safety, OSHA

OSHA has an alert on there home page concerning solicitations for purchasing copies of OSHA publications and posters.

OSHA reports that they continue to learn of complaints from employers who have received "official looking" announcements and -- in some cases -- threatening notices, messages, or telephone calls from various companies requiring that employers purchase OSHA documents from them in order to remain in compliance with OSHA rules and regulations. The most popular document being offered for sale is the OSHA Workplace Poster (also available in Spanish). OSHA has also learned of a few cases in which individuals, falsely identifying themselves as Department of Labor or OSHA employees, contacted employers threatening fines if they do not purchase specific materials.

It's important that all employers do not become victim of fraudulent solicitation practices or incur unnecessary costs where these resources are concerned.

OSHA's publications and posters are available free to anyone who asks simply by visiting the publications page on the agency's Web site at http://www.osha.gov/pls/publications/pubindex.list. The publications, posters, fact sheets, etc., can be ordered through the publications office or, in most cases, downloaded directly from the Web site.

As a reminder, employers are required to continually display a poster prepared by the Department of Labor that informs employees of protections afforded under the Occupational Safety and Health Act. The poster must be displayed in a conspicuous place where employees, as well as applicants for employment, can view it. Private employers may use the poster available from OSHA's Web site, or a suitable reproduction or facsimile.

If you feel you've received a fraudulent solicitation, contact the OSHA at 1-800-321-OSHA (6742). You can also contact any OSHA area office throughout the nation for information on specific workplace safety and health requirements. Those office addresses and phone numbers are available on the agency's Web site at http://www.osha.gov/html/RAmap.html.

Labels: OSHA, osha information

The Occupational Safety and Health Administration on Friday reminded employers that beginning Feb. 1, 2008, they must post a summary of the total number of job-related injuries and illnesses that occurred during 2007. Employers are required to post OSHA Form 300A (summary). The 2007 summary must be posted from Feb. 1 to April 30, 2008.

"The OSHA 300 logs provide employers and employees a broad view of where injuries and illnesses are occurring at their worksites," stated Assistant Secretary of Labor for OSHA Edwin G. Foulke, Jr. "Identifying and posting injury and illness information provides employers