New HAZWOPER Guidance from OSHA

December 19, 2005




Hazwoper applies to employers and workers who may be exposed or potentially exposed to hazardous substances and who are working in specific operations, including emergency response operations for releases, or substantial threats of release, of hazardous substances."We received inquiries from workers involved in hurricane cleanup and recovery operations along the Gulf Coast asking whether their activities met the requirements of Hazwoper," explained Acting Assistant Secretary of Labor for OSHA Jonathan L. Snare. "This guidance document was developed to not only help answer those specific questions, but to also provide another resource that will benefit all workers and employers who may be exposed to hazardous substances."The OSHA guide provides an overview of the conditions in which a response or cleanup activity may fall under the requirements of Hazwoper. It is divided into two sections: The Application of Hazwoper to Worksite Response and Cleanup Activities and Employee Training for Worksite Response and Cleanup Activities. Each section links to useful information and practical guidance to help with the appropriate response.Flowcharts are included in the document for easy reference and to help outline what compliance pathway workers should follow depending on the nature of the worksite situation. Each one follows a question and answer format to draw a conclusion on what other OSHA standards will be enforced.
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NIOSH Program Portfolio


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NIOSH is organizing its portfolio into various programmatic categories that can be readily communicated and strategically governed and evaluated. The NIOSH Program Portfolio focuses on relevance, quality and impact. This is achieved through strong involvement of partners and stakeholders throughout the entire research continuum (conceiving, planning, conducting, translating, disseminating and evaluating research). NIOSH programmatic and support structures provide a foundation for NIOSH staff to carry out its mission to provide national and world leadership to prevent work-related illnesses and injuries.
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The NIOSH Program Portfolio has been organized into eight (8) NORA Sector Programs that represent industrial sectors, and fifteen cross-sector programs organized around adverse health outcomes, statutory programs and global efforts. In addition to these program areas, NIOSH is organizing seven Coordinated Emphasis Areas that support the Sector and Cross-Sector Programs.
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Over the next six months, NIOSH will assign Managers and Coordinators to each of the 30 Program Portfolio categories, and in time research councils (for NORA Sector Programs) and steering committees (for NIOSH Cross-Sector Programs and Coordinated Emphasis Areas) will be formed to participate in planning efforts leading to output and outcome goals and a timeline for assessing performance.
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Solutia Inc.'s Indian Orchard Plant Earns OSHA "Star"



Solutia Inc.'s Indian Orchard Plant in Springfield, Mass., has been recertified for an additional five-year membership in the OSHA's "Star" Voluntary Protection Program (VPP.)
"This award spotlights Solutia's continuing commitment to effective safety and health management at this site," said Marthe Kent, OSHA's New England regional administrator. "Our review of the plant's safety and health management programs found they continue to be consistent with the high quality of VPP programs."The manufacturer of plastic sheeting, which employs 560 workers at the Indian Orchard plant, continues as part of an elite corps of about 1,370 workplaces nationwide that have earned VPP recognition. The "Star" recertification came after an OSHA team's thorough on-site review of the plant's safety and health programs, interviews with employees and a complete tour of the worksite. The Indian Orchard plant was first certified as a "Star" site in February 1997 and recertified in September 2000."A particular area of excellence is Solutia's use of trend analysis to effectively target and reduce employee injuries," said Kent. "In 2003, for example, the plant saw an increase in strain and sprain injuries. In response, a team of wage and salary employees was created. They developed training that helped workers recognize and prevent these injuries and achieve a 17 percent decrease in strains and sprains from 2003 to 2004."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 50 percent lower than other companies in their industry. The 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.

 

 

Rogers High Performance Foams and Lenox Earn OSHA "Star"



Rogers Corporation High Performance Foams - Poron of Woodstock has earned membership in the prestigious "Star" Voluntary Protection Program.
"Our review of this facility's safety and health management programs found them consistent with the high quality of VPP programs," said Marthe Kent, OSHA's New England regional administrator. "The plant's illness and injury rates are well below the average industry rates for foam products manufacturing."The plant, which manufactures specialty foam products for the electronics and footwear industries, employs 150 workers. It joins an elite corps of about 1,370 workplaces nationwide that have earned VPP recognition. The "Star" designation came after an OSHA team's thorough on-site review of the plant's application and safety and health program, interviews with employees and a complete tour of the worksite.
Lenox's American Saw & Mfg. Co. plant in East Longmeadow, Mass., has been recertified for an additional five-year membership in the prestigious "Star" Voluntary Protection Program.
"This award spotlights Lenox's outstanding and ongoing safety and health management at this plant," said Marthe Kent, OSHA's New England regional administrator.The plant, which employs 646 workers, manufactures saw blades and hand tools, including band saws, hack saws, tubing cutters and utility knives. With its "Star" recertification, it continues as part of an elite corps of about 1,370 workplaces nationwide that have earned VPP recognition.The latest recertification came after an OSHA team's thorough on-site review of the plant's safety and health programs, interviews with employees and a complete tour of the worksite. The plant was first certified as a "Star" site in June 1997 and recertified in September 2000."Our latest review of the plant's safety and health management programs found that they remain consistent with the high quality of VPP programs," said Kent. "In addition, the plant's illness and injury rates remain well below the industry average for saw blade manufacturing."

 

 

OSHA Cites Two Companies for Unsafe Trenching



OSHA has cited B.A. Wilson Construction for exposing workers to trenching hazards at two work sites in Lawtey, Fla. The agency is proposing penalties totaling $134,800.Inspections were initiated June 15 and July 27, after OSHA was notified of unsafe conditions at two work sites where the company was installing storm sewers for the city."During the second inspection, our compliance officer requested that an employee be removed from an unsafe trench. The worker climbed out of the trench, and moments later the wall collapsed," said James D. Borders, OSHA's Jacksonville area director.The company received two willful citations following the July inspection, with total proposed penalties of $78,000, for failing to adequately slope the trench walls or use a trench protective system, and for failing to provide employees with a safe means of entering and exiting the excavation. The agency issues willful citations when an employer has shown an intentional disregard of, or plain indifference to, the requirements of the Occupational Safety and Health Act and regulations.Hazards observed by OSHA during the June inspection resulted in one willful citation and a penalty of $28,000 for failing to keep excavated material at least two feet from the edge of a trench. The agency also fined the company $800 for a serious citation, charging that employees were not provided with hard hats when they worked near excavating machinery. A serious citation is issued when there is substantial probability that death or serious physical harm could result and that the employer knew or should have known of the hazard.
OSHA also cited Dean Grading Inc., Winston, Ga., for exposing workers to trenching hazards at a Villa Rica construction site. The agency is proposing penalties totaling $52,000."A member of the Trench Safety Task Force Alliance alerted the employer to safety hazards observed at the corner of Dallas Highway and North Avenue," said Andre Richards, OSHA's Atlanta-West area director. "OSHA was notified when the company made no attempt to abate the hazards."The company received one willful violation, with a proposed penalty of $49,000 for failing to properly shore, slope or use protective equipment in two trenches over five feet deep. The agency issues a willful citation when an employer has shown intentional disregard of, or plain indifference to, the requirements of the Occupational Safety and Health Act and regulations.Richards explained that OSHA, the Georgia Chapter of the American Society of Safety Engineers and the Georgia Institute of Technology, Safety, Health and Environmental Technology Division, formed an alliance in October 2004 to provide information to employers in an effort to abate trenching hazards and reduce worker injuries and deaths.Education and assistance in implementing safe work practices are key components of the alliance, but OSHA retains the authority to initiate inspections when situations warrant.Dean Grading also received two serious citations, with proposed penalties totaling $3,000, for failing to provide employees with a safe means of entering and exiting one trench and using an unsafe ladder in the second.
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OSHA Cites Demolition Contractors for Safety and Health Hazards



OSHA has cited Demolition Contractors, Inc. (DCI) for alleged failure to protect employees from safety and health hazards during demolition operations on a portion of the Crossroads Shopping Mall. OSHA issued 13 citations against the company with proposed penalties that total $265,000."We initiated a safety inspection July 1 focused on employee exposure to fall hazards," said Charles E. Adkins, CIH, OSHA's regional administrator in Kansas City. "A health inspection began July 20 to address potential employee overexposure to silica. The citations issued are a result of these inspections."Four willful safety citations allege the company failed to provide an enclosed chute to contain materials and concrete debris dumped over the edge of the building; did not use guardrails, safety nets or other arrest systems to protect workers from falls; failed to ensure that all floor holes were guarded appropriately; and failed to install barriers to prevent heavy equipment from driving into floor holes when dumping debris. 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.Serious safety citations addressed the employer's alleged failure to: ensure all employees wore appropriate personal protective equipment when exposed to hazardous conditions; provide fall protection systems to protect employees when working 6 feet above lower levels; protect employees from falling objects; and establish or maintain frequent inspections of the job site, materials and equipment. Serious violations occur when there is probability of death or serious physical harm and the employer knew or should have known of the hazard."During the health inspection, we documented employee overexposure to crystalline quartz silica," Adkins said. "We issued the company one willful health citation for failure to provide suitable respiratory protection and failure to assess employee exposure to silica."Three health citations classified as serious alleged silica overexposure and failure to implement administrative or engineering controls; failure to provide hazardous communication training for such exposure; employee noise overexposure, and failure to require the use of hearing protectors to reduce noise exposures.
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Consumer Alert: Labor Law Poster Services Targeting Businesses Again


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Washington Attorney General Rob McKenna and Labor and Industries Director Gary Weeks warned consumers today to be on the lookout for private companies mailing notices that threaten businesses with up to $17,000 in fines, lawsuits and audits for not displaying labor law posters.
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The Attorney General's Office has received inquiries and complaints regarding notices from Personnel Concepts, also known as PCI, and The Washington Labor Law Poster Service. Both companies sell posters concerning state and federal labor laws. The mailings arrive in envelopes labeled "FINAL NOTICE" or "FINAL REQUEST."
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"While it's true that employers who fail to post required labor law posters may be fined, these notices make it appear that immediate compliance through purchase of their products is necessary to escape penalties," McKenna said. "Readers who fail to read the notices carefully might mistakenly assume they originated from a government-affiliated agency and that the government is charging them for the posters."
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"Employers have the option to purchase labor law posters from a for-profit company, or save money by obtaining them at no charge from government agencies," McKenna said. "Employers who have questions about poster requirements should contact the Department of Labor and Industries."
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Employers can pick up posters required by Labor and Industries at any local Labor and Industries office. Labor and Industries is encouraging employers to request or download the 2006 "Minimum Wage" poster and an updated "Your Rights as a Non-agricultural Worker" poster.
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New Safety and Health Information Bulletin Focuses on Anhydrous Ammonia

 

 

á  The document outlines the potential for an uncontrolled anhydrous ammonia release during transfer operations at loading stations and other anhydrous ammonia systems/processes without certain safety mechanisms. It also shows examples of devices, work practices and training that employers and workers can use to eliminate or reduce the likelihood of these incidents.
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New OSHA QuickCards/Fact Sheet Available


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Workers and employers will benefit from a new group of QuickCards produced by OSHA. Available in both English and Spanish, these straightforward reference materials focus on safety and health topics such as demolition and cleanup, hydrogen sulfide, permit-required confined spaces, portable generators, and respiratory protection. Specific cards on rodents, snakes and insects; mold; and tree trimming are now available in Vietnamese. A new OSHA fact sheet pinpoints grounding requirements for portable generators. 
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Washington Proposes Heat Stress Rule


á  Comments on the proposal are being accepted until January 20, 2006.
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If you are interested in participating in the draft development process, please contact Jamie Scibelli, WISHA Services Division, PO Box 44620, Olympia, WA 98504-4620, (360) 902-4568,
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