OSHA cited Rodriguez Boat Builders, and proposed penalties totaling $54,150, after investigating a fatal accident at the company's Bayou La Batre, LA facility.
"If the company had followed OSHA regulations, this tragic accident could have been prevented," said Ken Atha, OSHA's Mobile area director. "Correcting hazards observed during this investigation will make the facility safer for employees."
On Oct. 6, an employee was fatally injured after falling 15 feet from the deck of a maintenance rig under construction to a concrete slab below. A section of the deck's handrail had reportedly been removed, leaving an unguarded area marked only by plastic barricade tape. OSHA issued one serious citation directly related to the accident, and proposed a $4,900 penalty, for exposing workers to fall hazards.
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The agency also issued an additional 32 serious citations. Alleged safety violations and proposed penalties include: exposing workers to electrical hazards, $16,750; failing to properly identify, label and maintain machinery and equipment, $8,750; operating damaged or defective equipment, $7,500; an inadequate confined space program, $7,500; lack of required fire extinguishers, $3,750; lack of fall protection for employees working at heights over four feet and lack of handrails on open-sided industrial stairs, $5,000.
Serious citations are issued when there is substantial probability that death or serious physical harm could result and the employer knew, or should have known, of the hazards.
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Airline Ordered to Reinstate and Pay Pilot Who Raised Safety Concerns
The U. S. Court of Appeals, First Circuit, Boston, has denied a petition by Vieques Air Link Inc. (VAL) to review an OSHA order mandating reinstatement and back pay for a pilot who was terminated from the Puerto Rico-based airline after he raised safety concerns.
The Feb. 2 decision by Circuit Judges Juan R. Torruella and Kermit Victor Lipez and District Judge Joseph A. DiClerico Jr. upholds earlier U.S. Labor Department findings that VAL violated the whistleblower provisions of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR 21) when it suspended, then fired, the pilot shortly after he brought safety concerns to the attention of both his employer and the Federal Aviation Administration in March 2002.
The pilot filed a complaint with OSHA which investigates whistleblower complaints under AIR 21. OSHA's investigation found reasonable cause that the complaint had merit. An Administrative Law Judge (ALJ) subsequently issued a concurring decision ordering the airline to reinstate the pilot and pay him a total of $72,315, plus interest, in back wages, compensatory damages and medical and legal fees. The department's Administrative Review Board upheld the ALJ decision, after which VAL petitioned the court of appeals.
"It is vital that employees be able to raise safety concerns to their employers and appropriate public safety agencies without fear of retaliation," said Patricia K. Clark, OSHA's regional administrator in New York, whose office investigated the complaint. "This decision reaffirms both the right of employees to seek safe working conditions and the Labor Department's commitment to take the necessary steps to protect that right."
OSHA administers the whistleblowing provisions of 14 statutes, including AIR 21, designed to protect employees who report violations of various trucking, airline, nuclear power, pipeline, environmental and securities laws.
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Kansas State University Offers Free, Downloadable Safety Training Materials
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Kansas State University has developed a free library of downloadable safety training materials in cooperation with OSHA. The training materials are suitable for self-study or as a component of traditional instructor-led training.
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The training materials were developed for the landscaping and horticultural services industry, and current titles include: Mowing and Trimming Safety, Motor Vehicle Safety, Tractor Safety, Skid Steer Loader Safety, Chipper/Shredder Safety, Tree Trimming Safety, Aerial Lift Safety, Supervisor Manual, and Instructor Manual.
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In addition, the same Web site provides links to pilot-test versions in English for materials that are being developed for the food processing industry. These titles include Back Injury Prevention, Lift Truck Safety, Machine Hazards, Fall Prevention, and Working Safely Around Hazardous Substances. Additional titles as well as Spanish versions will be available in the near future.
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The safety training materials were developed through OSHAÆs Susan Harwood Training Grant program, and all have been reviewed by OSHA personnel for accuracy.
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$381,700 Fines for Lead Exposure Hazards
W.S.I. Industrial Services Inc. and Homrich Inc. have been cited for alleged failure to protect workers from lead exposure on a demolition project in Olathe. OSHA has proposed penalties of $212,500 against W.S.I. and $169,200 against Homrich. "On Aug. 23, 2005, OSHA initiated an inspection in response to a complaint about lead exposure at the demolition site of a former battery plant," said Charles E. Adkins, CIH, OSHA regional administrator in Kansas City. The agency issued citations alleging one serious and six willful violations against W.S.I. and one serious and three willful violations against Homrich. W.S.I.'s serious citation was issued for failure to post warning signs about lead exposures. The willful citations allege workers were exposed to lead in excess of the permissible exposure level; initial lead exposure assessments were not conducted; respirators were not worn in lead-contaminated areas; protective work clothing was not provided; employees were allowed to drink water and smoke in lead-contaminated areas; neither shower facilities nor a clean change area were provided; and biological monitoring was not repeated, as required, two months after initial monitoring. According to the serious citation for Homrich, the company failed to provide blood lead test results in writing to each employee. The willful violations included the employer's failure to perform an initial lead exposure assessment and provide appropriate respiratory protection and to ensure a clean change area for employees. According to Adkins, W.S.I., which is headquartered in Romulus, Mich., has no previous OSHA inspection history. The company has 40 employees. Homrich, based in Carleton, Mich., has had 25 previous federal and state OSHA inspections from 1983 to the present. Sixteen of the inspections resulted in citations. Homich has 85 employees. Serious violations occur when there is probability of death or serious physical harm and the employer knew or should have known of the hazard. Willful violations are those committed with an intentional disregard of, or plain indifference to, the requirements of the Occupational Safety and Health Act and regulations.
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Forum on Catastrophe Preparedness in the Workplace to be Held April 7
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The California Commission on Health and Safety and Workers' Compensation (CHSWC) and the Division of Safety & Health (Cal/OSHA), along with the RAND Corporation will hold a conference titled "Forum on Catastrophe Preparedness: Partnering to Protect Workplaces" on April 7 in South San Francisco.
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Timed to coincide with the centennial anniversary of the 1906 San Francisco earthquake, the Forum will provide current, relevant information on disaster and catastrophe preparedness to educate employers, workers and safety personnel.
The Forum will offer an opportunity for health and safety workers, those in the workers' compensation communities, and others to:
- Identify and review the roles of federal, state, and local government agencies and organizations in the case of natural disasters and terrorist attacks.
- Discuss and share ideas for safety in responding to natural disasters and terrorist attacks.
- Present the latest research on safety and health of emergency responders in natural disasters and terrorist attacks.
- Examine how employers and workers can be better prepared in case of natural disasters and terrorist attacks.
- Consider areas where improvements need to be made.
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One hundred years after the catastrophic earthquake of 1906, earthquake risk and the risk of other catastrophes, including terrorism, continue to loom large for Californians and the nation. As demonstrated in the September 11 attacks, the risk of a catastrophe while people are at work and the risks to the workers who respond require the urgent attention of employers, workers and policymakers.
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Michigan Leaders Share Strategies and Resources to Improve Construction Workers' Safety and Health
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Robert W. Swanson, Acting Director, Michigan Department of Labor and Economic Growth (DLEG), welcomed more than 270 construction employers from across the state to the GovernorÆs Construction Safety and Health Forum.
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ôWe convened this forum to share the message that strong protections can help companies significantly increase their competitiveness,ö said Governor Jennifer M. Granholm.á ôThe construction industry is vital to our economy.á We share a common vision û to make Michigan an economic powerhouse with safe and healthy workers.ö
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The construction industry is one of the most hazardous industries in Michigan.á Only about 4% of MichiganÆs workforce is employed in constructionûhowever, construction fatalities account for nearly 50% of all fatal workplace accidents.
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ôEvery speaker on our agenda today has worked to form collaborative partnerships to build a stronger Michigan,ö said Swanson.á ôBusiness, labor and government are coming together in unprecedented ways to create an economic approach whose foundation is workplace safety and health û because it adds value to a company, conserves resources and maximizes returns on business investments.ö
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Top executives from MichiganÆs ôBest of the Bestö construction companies shared their stories of business successes, while creating a safe and healthful work environment for their employees.á Representing a wide range of construction environments, all shared a message of increasing competitiveness through strong worker safety and health efforts.
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ôConstruction is a major part of our economy and a significant source of jobs and income û with continued growth expected over the next ten years,ö said Odell Jones III, President and CEO, JOMAR Building Company, Inc., and Detroit AGC Chairman.á ôKnowledgeable construction professionals have long understood that safe worksites are a prerequisite to profitable jobs, and understand that a project must be executed safely in order to truly be successful.ö
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ôThrough MiTAPS, weÆre making Michigan a better place to do business by reducing the time it takes to obtain permits and licenses,ö said Henry L. Green, Executive Director, Bureau of Construction Codes & Fire Safety.áá ôCritical information shared at the forum will help all of us work toward building a stronger foundation for the construction industry and for the safety of the workers on these jobs.ö
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The Michigan Occupational Safety and Health Administration (MIOSHA) is partnering with construction companies and organizations across the state to spread the word that protecting workers must be a priority for employers.á Employers with an integrated safety and health culture report not only reductions in injuries and illnesses, but also positive bottom line benefits, including:
- Lower workersÆ compensation costs,
- Increased productivity,
- Increased employee morale,
- Lower absenteeism and employee turnover.
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"Walbridge is excited about our partnership with MIOSHA, our contractors, and the Detroit Building Trades,ö said Vince DeAngelis, Group Vice President/CFO, Walbridge Aldinger Company.á ôThis marks a fundamental shift in project safetyûwe are formally entering into partnerships to proactively prevent unsafe conditions instead of reacting after they arise."
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ôSafety is a direct result of a conscious decision of the CEO to have, or not have, a safe company,ö said Chuck Clark, CEO, Clark Construction Company.á ôWe have achieved 1.5 million work hours without a lost-time accident because the entire Clark team takes pride in our safety record and works hard to achieve our goals.ö
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"Christman uses a proactive leadership approach, which combines knowledge of safety regulations with a number of industry 'best practices' which we have targeted as goals," said Jay Smith, Christman Senior Vice President & Safety Officer. "Our top priority is our employees, whose dedication to these goals are responsible for achieving 2.2 million hours without a lost-time accident."
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Construction jobsites are constantly changing û and bring with them inherent dangers including falls, electrocutions, cave-ins, and being struck by heavy equipment.ááConstruction employers and employees must view their daily tasks with a heightened awareness that an accident could happen on their project.á The MIOSHA program monitors construction fatalities, injuries and illnesses, to help employers identify hazards facing construction workers and to focus prevention efforts.
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Construction employees must be able to recognize hazardous conditions before an accident occurs.á It is an employerÆs responsibility to ensure that their employees possess, at a minimum, adequate training as required by MIOSHA standards specific to the work operation or exposure.
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ôProtecting workers must be a priority for employers!á MIOSHA rules require construction employers to implement accident prevention programs that address the hazards they face,ö said Doug Kalinowski, MIOSHA Director.á ôWe encourage construction employers to use all available resources, including MIOSHA outreach services, to provide a safe and healthy work environment.ö
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MIOSHA hosted this forum to share the message that protecting workers just makes good business senseûand to ensure that workplace safety and health plays an integral role in construction projects.á The following speakers shared their vision and commitment, best practices, lessons learned, and how-to strategies.
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Danbury, Conn., Post Office Earns OSHA "Star"
The U.S. Postal Service's Danbury Post Office has earned membership in OSHAÆs "Star" Voluntary Protection Program.á The post office, which sorts and delivers mail to the communities of Danbury and New Fairfield, Conn., employs 163 workers. It joins an elite corps of about 1,400 workplaces nationwide that have earned VPP recognition. The "Star" designation came after an OSHA team's thorough on-site review of the post office's application and safety and health program, interviews with employees and a complete tour of the worksite.
"Our review of the Danbury facility's safety and health management programs found them consistent with the high quality expected of VPP participants," said Marthe Kent, OSHA's New England regional administrator. "Its illness and injury rates are well below the industry average."
In qualifying for "Star" status, the facility verified that it had implemented programs and procedures that reach beyond those required under OSHA standards and that feature extensive involvement by both management and workers. Its safety and health management system effectively addresses worksite hazards by identifying and tracking them to ensure their correction and control. Training programs ensure that employees and contractors understand occupational hazards and how to control them.
OSHA's Voluntary Protection Programs offer employers an opportunity to move beyond traditional safety programs by recognizing participants that successfully incorporate comprehensive safety and health programs into their total management systems. VPP companies achieve average injury rates at least 50% below their industry's average. VPP programs are open to deserving employers in any industry.
Requirements for application to VPP include a high degree of management support and employee involvement; a high-quality worksite hazard analysis; prevention and control programs, and comprehensive safety and health training for all employees. Each of these elements must be effective, in place and in operation for at least one year before a company can apply to join the program. Additional information is available from the VPP manager at the OSHA regional office in Boston at (617) 565-9890.
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Partnership Aims for Worker Safety for BCBS Construction Project
Enhanced safety and health protections for workers building BlueCross BlueShield of Western New York's new corporate headquarters in Buffalo is the goal of a partnership agreement among OSHA, Duke Realty Corporation and the Building and Construction Trades Council of Buffalo, N.Y. and Vicinity, AFL-CIO. The eight-story, 452,000 square foot BlueCross BlueShield building is expected to take one and one-half years to complete at a cost of about $90 million. At the height of construction, it is anticipated that more than 40 contractors will be working on-site with some 200 employees. Duke Realty Corp. is construction manager for the project. "The partners will utilize a collaborative approach to manage job safety and health on this major, long-term project," said Art Dube, OSHA's Buffalo area director. "Contractors' safety and health programs will be analyzed. Those needing improvement will be brought up to par." The partnership agreement outlines a comprehensive safety plan, site-specific training for all workers on hazards and safety standards, and ongoing site monitoring by a safety team. It also offers incentives to project contractors who meet enhanced requirements for safety and health performance. Other goals include achieving an injury/illness rate for the site 25% below the national average for similar construction, zero fatalities and safety and health training for all workers and supervisors. The partnership signing took place at the jobsite at W. Genesee St., along downtown Buffalo's waterfront. Signatories were Clark and Dube from OSHA; James Thornton, safety director, Duke Realty Corp.; and Paul Brown, president, Building and Construction Trades Council of Buffalo, N.Y. and Vicinity, AFL-CIO.
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OSHA and NECA Form Alliance to Enhance Safety for Electrical Contractors in Western New York
Reducing and preventing hazardous conditions for electrical contractors in Western New York is the goal of a new alliance between OSHA and the Western New York and Rochester chapters of the National Electrical Contractors Association Inc. (NECA). "This alliance will be an invaluable tool to enhance worker safety and health," said Patricia K. Clark, OSHA's regional administrator. "Our goal is to equip Western New York's electrical contractors and their employees with the ability to identify and address potential hazards before they affect workers." "OSHA and NECA will utilize data and job hazard analysis tools to identify, and then inform electrical contractors about, the hazards their workers will most likely encounter in their jobs and how to best address those hazards," said Art Dube, OSHA's area director for Western New York. Under the alliance, OSHA and NECA will develop industry-specific training and education programs using data on the most frequently cited OSHA standards for electrical contractors, regionally and nationally. A noteworthy part of the alliance will be the use of "Safety Pays" tools to illustrate the economic value added by safe and healthful work practices. The alliance will also encourage the region's electrical contractors to build relationships with OSHA and the New York State safety consultation service and promote their participation in OSHA's cooperative programs, including Voluntary Protection Programs (VPP), consultation and the Safety and Health Achievement Recognition Program (SHARP). The alliance was signed March 8 at NECA's headquarters in Williamsville, N.Y., by OSHA's Clark and Dube and David A. Roll, chapter manager and education coordinator for NECA's Western New York and Rochester chapters.
OSHA Partners to Protect Workers on Greystone Park Psychiatric Hospital Project
Providing a safe and healthful work environment for workers constructing the Greystone Park Psychiatric Hospital in Greystone Park, N.J., is the goal of a newly-formed partnership between OSHA, Torcon Inc., the Morris County Building and Construction Trades Council and the New Jersey Department of Labor and Workforce Development. The partnership was formally launched at a recent signing ceremony held at the jobsite. The Greystone Psychiatric Hospital project is a 458,000-square foot, 450-bed facility. Project contractors will employ approximately 300 workers at peak construction. "Because the construction of the hospital promises to be a very involved project, with so many workers on the job site, our partnership will serve as an important blueprint to ensure those workers have a safe and healthy work environment," said Phil Peist, director of the OSHA Parsippany area office. "Torcon Inc. has worked cooperatively with OSHA for many years striving for continual improvement in occupational safety and health leadership." Under the partnership, OSHA and Torcon will analyze new and acquired work, materials, chemicals and equipment before construction activity begins to determine potential hazards and plan for their prevention or control. They also will implement a stringent fall projection policy and will examine and inspect for hazards associated with individual jobs, processes or phases of construction. Systems will be established for employees to notify management of hazardous conditions, investigate accidents or near-misses, and track hazard corrections. A primary goal of the partnership is to eventually qualify the project for "Star" status in OSHA's Voluntary Protection Program (VPP), which is OSHA's official recognition of outstanding achievements by employers and employees in occupational safety and health. The agreement will end at the completion of the project or Dec. 1, 2007, whichever comes first. For more information about this partnership, contact the Parsippany OSHA office, 299 Cherry Hill Road - Suite 304, Parsippany, N.J.; phone: (973) 263-1003.
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Pawtucket, R.I., Post Office Earns OSHA "Star"
The U.S. Postal Service's Pawtucket Post Office has earned membership in OSHAÆs "Star" Voluntary Protection Program. It is the third Ocean State worksite to qualify for the program.
"Our review of the Pawtucket postal facility's safety and health management programs found them consistent with the high quality expected of VPP participants, with injury and illness rates below the industry average," said Marthe Kent, OSHA's New England regional administrator. "This speaks to an ongoing commitment by both management and workers to enhance safety and health at this workplace."
The Pawtucket facility, which delivers mail to the communities of Pawtucket, Central Falls, Lincoln and Cumberland, R.I., employs 105 workers. It now joins an elite corps of about 1,400 workplaces nationwide that have earned VPP recognition. The "Star" designation came after an OSHA team's thorough on-site review of the post office's application and safety and health program, interviews with employees and a complete tour of the worksite.
In qualifying for "Star" status, the facility verified that it had implemented programs and procedures beyond those required under OSHA standards with extensive involvement by both management and workers. Its written safety and health management system effectively addresses worksite hazards by identifying and tracking them to ensure their correction and control. Its safety and health training programs ensure that employees and contractors understand occupational hazards and how to address them.
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Elderly Have Higher Risk for Cardiovascular, Respiratory Disease from Fine Particle Pollution
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New data from a four-year study of 11.5 million Medicare enrollees show that short-term exposure to fine particle air pollution from such sources as motor vehicle exhaust and power plant emissions significantly increases the risk for cardiovascular and respiratory disease among people over 65 years of age. The study, funded by the National Institute of Environmental Health Sciences, a component of the National Institutes of Health, is the largest ever conducted on the link between fine particle air pollution and hospital admissions for heart- and lung-related illnesses.
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The study results show that small increases in fine particle air pollution resulted in increased hospital admissions for heart and vascular disease, heart failure, chronic obstructive pulmonary disease, and respiratory infection. "The data show that study participants over 75 years of age experienced even greater increases in admissions for heart problems and chronic obstructive pulmonary disease than those between 65 and 74 years of age," said National Institutes of Health Director Elias A. Zerhouni, M.D.
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The National Institute of Environmental Health Sciences and the U.S. Environmental Protection Agency provided funding to researchers at the Johns Hopkins Bloomberg School of Public Health for the study. The study results are published in the March 8, 2006 issue of the Journal of the American Medical Association.
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According to the study, these findings document an ongoing threat from airborne particles to the health of the elderly, and provide a strong rationale for setting a national air quality standard that is as protective of their health as possible.
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"These findings provide compelling evidence that fine particle concentrations well below the national standard are harmful to the cardiovascular and respiratory health of our elderly citizens," said NIEHS Director David A. Schwartz, M.D. "Now that the link between inhaled particles and adverse health effects has been established, we must focus our efforts on understanding why these particles are harmful, and how these effects can be prevented."
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Fine particle air pollution consists of microscopic particles of dust and soot less than 2.5 microns in diameter - about thirty times smaller than the width of a human hair. These tiny particles primarily come from motor vehicle exhaust, power plant emissions, and other operations that involve the burning of fossil fuels. Fine particles can travel deep into the respiratory tract, reducing lung function and worsening conditions such as asthma and bronchitis.
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The researchers based their fine particle analysis on 11.5 million Medicare enrollees who lived in 204 U.S. counties with populations larger than 200,000. Using billing records for 1999 to 2002, they tracked daily counts of hospital admissions for eight major outcomes - heart failure, heart rhythm disturbances, cerebrovascular events such as stroke or brain hemorrhage, coronary heart disease, peripheral vascular disease or narrowing of the blood vessels, chronic obstructive pulmonary disease, respiratory infection, and injury.
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The investigators obtained daily measurements of fine particle concentrations from a network of air monitoring stations provided by the Environmental Protection Agency's Aerometric Information Retrieval Service. The average fine particle concentration for the 204 counties over the three-year period was 13.4 micrograms per cubic meter of air, slightly below the national air quality standard of 15 micrograms per cubic meter for an annual average.
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"When we analyzed the data for heart failure, we observed a 1.28% increase in admissions for each 10 microgram per cubic meter increase in fine particle pollution," said Francesca Dominici, Ph.D., an associate professor of biostatistics with the Johns Hopkins Bloomberg School of Public Health and lead author on the study. "Most of these admissions increases occurred the same day as the rise in fine particle concentration, which suggests a short lag time between the change in pollution and the subjects' response."
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The data also showed that the risk for air pollution-related cardiovascular disease was highest in counties located in the Eastern United States. "Identifying the various factors that might contribute to these differences between eastern and western regions is a very complex question that we must address," said Dominici.
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According to Dominici, fine particles pose a significant health problem because they penetrate deep into the lungs, and some may even get into the bloodstream. "Now that we know that inhaled particles can affect cardiovascular and respiratory health, we must identify the specific characteristics of fine particles that produce these adverse health effects," she said. "In the meantime, these findings underscore the need for a national air quality standard that adequately protects the respiratory health of our citizens."
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National Academies Seek Public Comment on NIOSH Mining, Hearing Loss Programs
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NIOSH is encouraging its stakeholders to respond to a request by the National Academies, seeking public input to help inform reviews of the NIOSH research programs on mining safety and health, and hearing loss.
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NIOSH asked the National Academies last year to evaluate the InstituteÆs research programs for their impact, relevance, and future direction. Fifteen NIOSH programs will be evaluated, beginning with the mining and hearing loss programs. The evaluations are being performed by two panels of internationally recognized scientists. Some of the panelists have expertise in the respective subject area while other panelists have related and/or evaluation expertise.
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Details of this public appeal from the National Academies come from a letter to over 200 stakeholders in the NIOSH Hearing Loss Research program from Dr. Bernard Goldstein, chair of the Hearing Loss Research program Evaluation Committee, who wrote in part:
It would be valuable for the committee to know whether you are familiar with NIOSH activities and products related to occupational hearing loss and noise control and what kind of experience you may have had working with the agency or its products. The committee would be particularly interested in comments you may have on the relevance and impact of NIOSHÆs work on occupational hearing loss and noise control over the past 10 years in any of the four areas of research it has defined.
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In addition, we would value your views on two other matters included in the committeeÆs charge. First, what do you see as having been the major research needs and challenges over the past 10 years in occupational hearing loss and noise control? Second, what do you see as significant emerging research needs or opportunities concerning occupational hearing loss and noise control?
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In a similar letter to stakeholders in the NIOSH Mining Research program, Dr. Raja Ramani, chair of the Mining Research program Evaluation Committee, wrote:
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The National Academies have set up web-based input forms for the convenience of interested stakeholders and NIOSH staff. You may submit comments anonymously if you wish, however all comments will be made available to the public.
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Comments also may be submitted to Dr. Lois Joellenbeck, Institute of Medicine, Keck 775, 500 Fifth Street, N.W., Washington, DC 20001;tel: 202-334-1715; fax 202-334-2685.
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Submissions by other channels about the mining research program should be sent to Dr. Evan Douple, Board of Earth and Life Sciences, Sixth Floor, 500 Fifth Street, N.W., Washington, DC 20001; phone:á202-334-2836; fax: 202-334-1639.