OSHA is planning an informal public hearing in Washington, D.C. beginning Jan. 28, 2004, to discuss the agency's proposal to amend the Respiratory Protection Standard to include new Assigned Protection Factors (APFs) and address Maximum Use Concentrations (MUCs).
The hearing will be open to the public and will be held in the auditorium of the Frances Perkins Building, U.S. Department of Labor, 200 Constitution Ave., N.W., Washington, DC 20210. The hearing will begin at 10 a.m. on Jan. 28 and commence at 9 a.m. on subsequent hearing days, which will be scheduled if necessary.
APFs are numbers that reflect the workplace level of respiratory protection that respirators are expected to provide to employees when worn as part of a complete, effective respiratory protection program. The proposal contains OSHA's preliminary decisions on an APF Table, definitions for APFs and MUCs, and amendments to replace the existing APF requirements in some OSHA substance-specific standards.
Parties who intend to present testimony at the hearing must notify OSHA in writing by Dec. 12, 2003. Individuals who will need more than 10 minutes to present their testimony or who will be presenting documentary evidence, must provide OSHA with copies of their full testimony and all documentary evidence by Jan.12, 2004. Parties who provided full testimony and documentary evidence in response to the NRPM do not have to resubmit these materials. Notices of intention to appear at the hearing should be submitted in triplicate to the Docket Office, Docket No. H049C, Room N-2625, OSHA, US Department of Labor, 200 Constitution Ave, N.W., Washington, DC 20210. Individuals needing special accommodations should contact Ms. Veneta Chatmon, Office of Communications, by phone at (202) 693-1999.
ASSE to Develop Mold Standard for Worker Protection
The American Society of Safety Engineers (ASSE) announced that it will develop a standard aimed at protecting workers when dealing with mold remediation. The purpose of the standard, announced at the American Conference of Governmental Industrial Hygienists' (ACGIH) "Mold Remediation: The National Quest for Uniformity" symposium in Orlando, is to establish minimum requirements and recommended procedures to be implemented by employers to minimize employee exposure to mold. The proposed standard will not, however, establish an exposure level or action level for identification purposes or trigger remediation activities.
"Mold is an important safety, health and environmental issue for everyone," ASSE Environmental Practice Specialty member Mary Ann Latko, CSP, CIH, QEP, stated in her symposium presentation. "Since safety, health and environmental professionals (SH&E) are already responding to mold-related concerns and are working without a universally accepted standard from a cognizant authority, a standard aimed at protecting workers is very much needed."
Because there is no one universally accepted consensus standard that can be held as the standard of care to protect mold remediation workers in an indoor environment, ASSE petitioned the American National Standards Institute (ANSI) to be the secretariat of a canvass standard initiative, Z690, to address worker safety and health during mold remediation projects. ANSI approved the petition. Also, the ASSE Board of Directors unanimously approved the ASSE "Position Statement Regarding Mold in the Indoor Working Environment" October 27.
There are many different types of biological organisms and bioaerosol present in the indoor environment. Mold, a group of microscopic fungi, is just one of these types. These spore-producing organisms can thrive in certain indoor conditions - when there is a temperature range conducive to growth, sufficient water or moisture, and a source of nutrients or food. While ubiquitous in nature, excessive mold in the indoor environment can result in offensive odors from the volatile organic compounds released by certain molds during growth and death cycles, and destruction of building components by penetration of the filaments and hyphae produced.
Although adverse health effects related to exposure to some types of mold have been reported, at this time, there is no conclusive link to pulmonary hemorrhage nor is there conclusive evidence that mold-related illnesses are increasing. Currently there is no consensus among SH&E and healthcare professionals as to the level of mold exposure that is acceptable in indoor environments.
Developing guidelines before the adverse health effects of the work environment are not well defined or where the science is still maturing is not a new approach. The approach defined in the 1980s to protect hazardous waste site workers, where the level of required personal protective equipment is based on immediately available direct-read instruments that provide screening results, is just one example.
"Minimizing worker exposure to mold is extremely important. We cannot wait until we are comfortable with the science of mold, we need to protect workers from potential adverse health effects now," Latko said.
Workplace situations and activities have the potential to expose workers to mold. Employers and workers need to be aware of such situations and be able to identify activities that may result in increased potential harm for workers and building occupants to be exposed to excessive levels of mold.
ASSE recognizes that some forms of mold can cause adverse health effects in some people, including the elderly, children, and persons with reduced or compromised immune systems and/or can aggravate pre-existing health conditions.
"While ASSE does not in any way discount the need to address the needs of at-risk populations, the current focus of ASSE's efforts on mold is worker protection," Latko said. "A key part of the mold debate is that as of today there is still no documentation of universal adverse health effects related to exposure to mold. In contrast, for many hazardous chemicals there are such documented universal adverse effects directly related to certain levels of exposure. For example, any person whose skin comes into contact with concentrated acid will develop a burn and any person exposed to a certain level of nitrogen gas will become unconscious and eventually die."
During her presentation, Latko described ASSE's recommended standard of care for workers, preventive measures to use for workers doing indoor mold remediation work, how to assess the mold problem, sampling and testing, interpreting the results, minimizing worker exposure to mold, remediation approaches and responses, and training and certification.
Founded in 1911, the non-profit ASSE is the largest and oldest professional safety organization and is committed to protecting people, property and the environment. Its more than 30,000 members manage, supervise, research and consult on safety, health, transportation and environmental issues in industry, government, education, labor and insurance.
New DOL Data Show Record-Breaking Results From Strong Enforcement, Compliance Assistance
U.S. Labor Secretary Elaine L. Chao released the Department of Labor's annual enforcement statistics, showing that the Department's approach to protecting workers is yielding record-breaking results. Chao noted that American workers are safer and are receiving more back wages -- including overtime pay -- than in the past.
Chao emphasized that the department was able to better protect workers by targeting enforcement at bad actors and providing tools to employers that help them better comply with the law. Total back wages including overtime that were collected by the Department's Wage and Hour division for workers in FY 2003 increased by 21 percent over the previous year, representing an 11-year high. The number of workers receiving back wages jumped from 263,593 workers to 342,358 - a nearly 30 percent increase in one year.
Chao also said workers are safer at their work sites, thanks to the strong enforcement and compliance assistance activities of OSHA and the Mine Safety and Health Administration (MSHA). In the last few years, OSHA and MSHA have placed increased enforcement priority on repeat offenders and invested in compliance assistance tools, programs and partnerships that enable well-intentioned employers to better protect workers. Chao said the numbers show the clear positive results of the Department's new approach:
- OSHA cited employers for 83,760 violations in FY 03, a nearly 8 percent increase;
- Nearly 60,000 of those violations were considered serious, an 11 percent increase over FY 02;
- The most recent data available show the rates of workplace injuries and fatalities fell to the lowest point ever in 2002;
- Fatalities in all mines decreased by 14 percent in FY 03;
- Total mining injuries fell by 15 percent in FY 03.
The data also show that workers' benefits, such as pension plans, 401(k)s and health insurance, are more secure. The Employee Benefits Security Administration (EBSA) reported that it had record monetary results of more than $1.4 billion in civil and criminal cases, and participant benefit recoveries in FY 03 saw a nearly 60 percent increase over the previous year. In addition, EBSA's Voluntary Fiduciary Correction Program (VFCP), which encourages self-correction of benefit violations, saw a 300 percent increase in applications in FY 03 and more than $8 million in restored assets to employee plans.
Crushing Accident and Other Hazards Lead to $153,500 in Fines for Plant
A North Grafton, Mass., forge manufacturer's failure to protect workers against crushing, machine guarding, electrical and other hazards has resulted in $153,500 in fines from OSHA.
Wyman Gordon Company has been cited for a total of 25 alleged willful, repeat and serious violations of the Occupational Safety and Health Act following an inspection prompted by a May 5 accident in which the operator of a large metal-cutting bandsaw had both feet crushed by a 9,000 pound metal billet that tipped over as he was attempting to move it into the saw.
OSHA's inspection found that the saw's feed conveyor had been broken for more than a year, forcing workers to feed billets into it in an unsafe manner, and that the company had ignored workers' calls to fix it. As a result, OSHA issued a willful citation to Wyman Gordon for failing to maintain the equipment in safe operating condition and proposed a fine of $70,000, the largest allowed under law. OSHA defines a willful violation as one committed with an intentional disregard of, or plain indifference to, the requirements of the Occupational Safety and Health Act and regulations.
Four repeat citations, carrying $45,000 in proposed fines, were issued to Wyman Gordon for unguarded open-sided floors; unguarded points of operation on machinery; unguarded live electrical parts; and the use of power cords that were damaged or lacked strain relief. OSHA issues repeat citations when an employer has previously been cited for substantially similar hazards and those citations have become final. In this case, OSHA had cited Wyman Gordon in 2001 and 2003 for similar hazards at its Groton, Conn., and Houston, Tex., plants.
An additional $38,500 in fines were proposed for 20 serious citations addressing such hazards as unmarked exits; insufficient aisle clearance; defective fork trucks; unguarded tanks and floor holes; an uninspected fire suppression system; no bumpers on a crane; damaged slings; excess levels of nickel and nuisance dust; and various machine guarding and electrical safety deficiencies. OSHA defines a serious violation as one in which there is a substantial probability that death or serious physical harm could result, and the employer knew, or should have known, of the hazard.
Wyman-Gordon has 15 business days from receipt of its citations and proposed penalties to either elect to comply with them, to request and participate in an informal conference with the OSHA area director, or to contest them before the independent Occupational Safety and Health Review Commission.
U.S. Chemical Safety Board to Conduct Full Investigation of DPC Enterprises Chlorine Leak in Arizona
The U.S. Chemical Safety and Hazard Investigation Board (CSB) announced it will extend to a full investigation its inquiry into the chlorine release which occurred at the DPC Enterprises facility in Glendale, Arizona (near Phoenix) on Monday, Nov. 17, 2003.
Board Member John Bresland, accompanying the investigation team in Phoenix, said, “Our preliminary investigation has indicated a need to investigate further the immediate and root causes of the chlorine release. Chlorine is a highly toxic chemical used in a wide range of chemical processes throughout the United States, and we want to see what lessons can be learned from this accident to prevent releases in the future.”
The release, which caused authorities to evacuate citizens from the immediate area and close neighboring streets for hours, occurred as chlorine was being transferred from a railroad tank car to a tanker truck. Excess vapor in the process was being vented to a “scrubber,” an environmental control device designed to prevent chlorine from escaping into the air. The scrubber failed to function properly and allowed chlorine gas to escape. Authorities said 14 people, including 10 Glendale police officers, were treated for chlorine-related symptoms, including nausea, throat irritation, and headaches.
Mr. Bresland and the CSB investigation team, headed by lead investigator John Murphy and including Michael Morris, has examined the offloading process at the chlorine repackaging plant, and interviewed workers, operators, and plant managers. They have been gathering information from local police and fire departments concerning community notification and emergency response. The team has requested documents relevant to DPC’s process at Glendale, and will be consulting the Chlorine Institute (the industry’s main trade association) and other companies that manufacture or process chlorine on safety practices in chlorine handling.
Testing will be performed on the emergency shutdown valves attached to the rail and tank trucks and on the equipment used in the scrubber system that is supposed to prevent overloading and warn operators of impending failure and the potential for a chlorine release.
The CSB completed an investigation in May of this year on a massive chlorine leak at a DPC Enterprises facility south of St. Louis, which occurred Aug. 14, 2002.
NIOSH Identifies Ways to Prevent Job-Related Roadway Deaths
Employers, employees, and others can take practical measures to prevent work-related roadway deaths while research continues in areas that are critical for further progress, the National Institute for Occupational Safety and Health (NIOSH) recommends in a new report.
Employee deaths in roadway crashes increased by 18.7 percent from 1992 to 2000, totaling 11,952 over the nine-year period.
The burden of fatalities and injuries is not limited to full-time professional drivers such as long-haul truckers. Other employees who operate company-owned vehicles over shorter trips and employees who drive personal vehicles on the job also are at risk. Preventive measures that can save lives include these, NIOSH recommends:
Employers should:
- Enforce mandatory on-the-job use of seat belts,
- Ensure that employees who drive on the job have valid licenses,
- Incorporate fatigue management into safety programs,
- Provide fleet vehicles that offer the highest possible levels of occupant protection in the event of a crash,
- Ensure that employees receive necessary training to operate specialized vehicles,
- Offer periodic vision screening and general physicals for employees whose primary job duty is driving,
- Avoid requiring workers to drive irregular hours or significantly extended hours,
- Establish schedules that allow drivers to obey speed limits,
- Set policies in accordance with states’ graduated driver’s licensing laws and child labor laws, and
- Assign driving-related tasks to younger employees incrementally.
- Employees should:
- Use safety belts,
- Avoid using cell phones while driving, and
- Avoid other potentially distracting activities such as eating, drinking, or adjusting non-critical vehicle controls while driving.
Transportation planners and traffic engineers should:
- Consider reducing the number of places where vehicles can enter onto or exit from state highways and U.S. highways, thus minimizing the number of situations in which large trucks and local passenger vehicles entering the stream of traffic may collide,
- Recommend wider use of shoulder rumble strips to alert drivers that they are leaving the roadway, and
- Plan road construction projects so that traffic is isolated from construction activity whenever possible.
NIOSH is partnering with the World Health Organization (WHO) and others to prevent roadway fatalities and injuries. On April 7, 2004, WHO will sponsor “World Health Day 2004: Road Safety,” which will mark the beginning of a one-year global road safety campaign.