OSHA to Regulate Combustible Dust Hazards

May 04, 2009

 OSHA will issue an Advanced Notice of Proposed Rulemaking and convene related stakeholder meetings to evaluate possible regulatory methods, and request data and comments on issues related to combustible dust such as hazard recognition, assessment, communication, defining combustible dust and other concerns.

Since 1980, more than 130 workers have been killed and more than 780 injured in combustible dust explosions. These include 14 people who were killed in a dust explosion February 7, 2008, at an Imperial Sugar Co. plant in Georgia and three workers who were burned in April 2009 in an Illinois pet food plant dust explosion.

“Over the years, combustible dust explosions have caused many deaths and devastating injuries that could have been prevented,” said Secretary of Labor Hilda L. Solis. “OSHA is reinvigorating the regulatory process to ensure workers receive the protection they need while also ensuring that employers have the tools needed to make their workplaces safer.”

Combustible dusts are solids finely ground into fine particles, fibers, chips, chunks, or flakes that can cause a fire or explosion when suspended in air under certain conditions. Types of dusts include metal (aluminum and magnesium), wood, plastic, rubber, coal, flour, sugar, and paper, among others.

In 2006, the U.S. Chemical Safety Board (CSB) recommended that OSHA issue a combustible dust standard. OSHA received additional support for a combustible dust standard from the CSB during a congressional hearing in 2008 when the board said a new standard, combined with enforcement and education, could save workers’ lives.

H1N1 Flu Questions & Answers from the Centers for Disease Control

What is H1N1 (swine flu)?

 This new virus was first detected in people in April 2009 in the United States. Other countries, including Mexico and Canada, have reported people sick with this new virus. This virus is spreading from person-to-person, probably in much the same way that regular seasonal influenza viruses spread.

Why is this new H1N1 virus sometimes called swine flu?
This virus was originally referred to as “swine flu” because laboratory testing showed that many of the genes in this new virus were very similar to influenza viruses that normally occur in pigs in North America. But further study has shown that this new virus is very different from what normally circulates in North American pigs. It has two genes from flu viruses that normally circulate in pigs in Europe and Asia and avian genes and human genes. Scientists call this a “quadruple reassortant” virus.

Do pigs carry this virus and can I catch this virus from a pig?
At this time, there is no evidence that swine in the United States are infected with this new virus. However, there are flu viruses that commonly cause outbreaks of illness in pigs. Most of the time, these viruses do not infect people, but influenza viruses can spread back and forth between pigs and people.

Are there human infections with this H1N1 virus in the U.S.?
Yes. Cases of human infection with this H1N1 influenza virus were first confirmed in the U.S. in Southern California and near Guadalupe County, Texas. The outbreak intensified rapidly from that time and more and more states have been reporting cases of illness from this virus. . CDC and local and state health agencies are working together to investigate this situation.

Is this new H1N1 virus contagious?
CDC has determined that this new H1N1 virus is contagious and is spreading from human to human. However, at this time, it is not known how easily the virus spreads between people.

What are the signs and symptoms of this virus in people?
The symptoms of this new influenza A H1N1 virus in people are similar to the symptoms of regular human flu and include fever, cough, sore throat, body aches, headache, chills and fatigue. A significant number of people who have been infected with this virus also have reported diarrhea and vomiting. Also, like seasonal flu, severe illnesses and death has occurred as a result of illness associated with this virus.

How severe is illness associated with this new H1N1 virus?
It’s not known at this time how severe this virus will be in the general population. CDC is studying the medical histories of people who have been infected with this virus to determine whether some people may be at greater risk from infection, serious illness or hospitalization from the virus. In seasonal flu, there are certain people that are at higher risk of serious flu-related complications. This includes young children, pregnant women, people with chronic medical conditions and people 65 and older. It’s unknown at this time whether certain groups of people are at greater risk of serious flu-related complications from infection with this new virus. CDC also is conducting laboratory studies to see if certain people might have natural immunity to this virus, depending on their age.

How does this new H1N1 virus spread?
Spread of this H1N1 virus is thought to be happening in the same way that seasonal flu spreads. Flu viruses are spread mainly from person to person through coughing or sneezing by people with influenza. Sometimes people may become infected by touching something with flu viruses on it and then touching their mouth or nose.

Can I get infected with this new H1N1 virus from eating or preparing pork?
No. H1N1 viruses are not spread by food. You cannot get this new HIN1 virus from eating pork or pork products. Eating properly handled and cooked pork products is safe.

Is there a risk from drinking water?
Tap water that has been treated by conventional disinfection processes does not likely pose a risk for transmission of influenza viruses. Current drinking water treatment regulations provide a high degree of protection from viruses. No research has been completed on the susceptibility of the novel H1N1 flu virus to conventional drinking water treatment processes. However, recent studies have demonstrated that free chlorine levels typically used in drinking water treatment are adequate to inactivate highly pathogenic H5N1 avian influenza. It is likely that other influenza viruses such as novel H1N1 would also be similarly inactivated by chlorination. To date, there have been no documented human cases of influenza caused by exposure to influenza-contaminated drinking water.

What should I do to keep from getting the flu?
First and most important: wash your hands. Try to stay in good general health. Get plenty of sleep, be physically active, manage your stress, drink plenty of fluids, and eat nutritious food. Try not to touch surfaces that may be contaminated with the flu virus. Avoid close contact with people who are sick.

Are there medicines to treat infection with this new virus?
Yes. CDC recommends the use of oseltamivir or zanamivir for the treatment and/or prevention of infection with these new influenza A (H1N1) viruses. Antiviral drugs are prescription medicines (pills, liquid or an inhaler) that fight against the flu by keeping flu viruses from reproducing in your body. If you get sick, antiviral drugs can make your illness milder and make you feel better faster. They may also prevent serious flu complications. During the current outbreak, the priority use for influenza antiviral drugs during is to treat severe influenza illness.

How long can an infected person spread this virus to others?
At the current time, CDC believes that this virus has the same properties in terms of spread as seasonal flu viruses. With seasonal flu, studies have shown that people may be contagious from one day before they develop symptoms to up to 7 days after they get sick. Children, especially younger children, might potentially be contagious for longer periods. CDC is studying the virus and its capabilities to try to learn more and will provide more information as it becomes available.

What surfaces are most likely to be sources of contamination?
Germs can be spread when a person touches something that is contaminated with germs and then touches his or her eyes, nose, or mouth. Droplets from a cough or sneeze of an infected person move through the air. Germs can be spread when a person touches respiratory droplets from another person on a surface like a desk, for example, and then touches their own eyes, mouth, or nose before washing their hands.

What can I do to protect myself from getting sick?
There is no vaccine available right now to protect against this new H1N1 virus. There are everyday actions that can help prevent the spread of germs that cause respiratory illnesses like influenza. Take these everyday steps to protect your health:

  • Cover your nose and mouth with a tissue when you cough or sneeze. Throw the tissue in the trash after you use it.
  • Wash your hands often with soap and water, especially after you cough or sneeze. Alcohol-based hand cleaners are also effective.
  • Avoid touching your eyes, nose, or mouth. Germs spread this way.
  • Try to avoid close contact with sick people.
  • Stay home if you are sick for 7 days after your symptoms begin or until you have been symptom-free for 24 hours, whichever is longer. This is to keep from infecting others and spreading the virus further.

Other important actions that you can take are:

  • Follow public health advice regarding school closures, avoiding crowds, and other social distancing measures.
  • Be prepared in case you get sick and need to stay home for a week or so; a supply of over-the-counter medicines, alcohol-based hand rubs, tissues, and other related items might could be useful and help avoid the need to make trips out in public while you are sick and contagious.

What is the best way to keep from spreading the virus through coughing or sneezing?
If you are sick, limit your contact with other people as much as possible. Do not go to work or school if ill for 7 days or until your symptoms go away (whichever is longer). Cover your mouth and nose with a tissue when coughing or sneezing. It may prevent those around you from getting sick. Put your used tissue in the waste basket. Cover your cough or sneeze if you do not have a tissue. Then, clean your hands, and do so every time you cough or sneeze.

What is the best technique for washing my hands to avoid getting the flu?
Washing your hands often will help protect you from germs. Wash with soap and water or clean with alcohol-based hand cleaner. We recommend that when you wash your hands—with soap and warm water—that you wash for 15 to 20 seconds. When soap and water are not available, alcohol-based disposable hand wipes or gel sanitizers may be used. You can find them in most supermarkets and drugstores. If using gel, rub your hands until the gel is dry. The gel doesn’t need water to work; the alcohol in it kills the germs on your hands.

What should I do if I get sick?
If you live in areas where swine influenza cases have been identified and become ill with influenza-like symptoms, including fever, body aches, runny nose, sore throat, nausea, or vomiting or diarrhea, you may want to contact their health care provider, particularly if you are worried about your symptoms. Your health care provider will determine whether influenza testing or treatment is needed.

If you are sick, you should stay home and avoid contact with other people as much as possible to keep from spreading your illness to others. If you become ill and experience any of the following warning signs, seek emergency medical care. In children, emergency warning signs that need urgent medical attention include:

  • Fast breathing or trouble breathing
  • Bluish or gray skin color
  • Not drinking enough fluids
  • Not waking up or not interacting
  • Being so irritable that the child does not want to be held
  • Flu-like symptoms improve but then return with fever and worse cough
  • Fever with a rash

In adults, emergency warning signs that need urgent medical attention include:

  • Difficulty breathing or shortness of breath
  • Pain or pressure in the chest or abdomen
  • Sudden dizziness
  • Confusion
  • Severe or persistent vomiting

What is CDC doing in response to the outbreak?

 The agency’s goals are to reduce transmission and illness severity, and provide information to help health care providers, public health officials and the public address the challenges posed by the new virus. In addition, CDC’s Division of the Strategic National Stockpile (SNS) continues to send antiviral drugs, personal protective equipment, and respiratory protection devices to all 50 states and U.S. territories to help them respond to the outbreak.

What epidemiological investigations are taking place in response to the recent outbreak?
CDC works very closely with state and local officials in areas where human cases of H1N1 (swine flu) infections have been identified. In California and Texas, where EpiAid teams have been deployed, many epidemiological activities are taking place or planned including:

  • Active surveillance in the counties where infections in humans have been identified;
  • Studies of health care workers who were exposed to patients infected with the virus to see if they became infected;
  • Studies of households and other contacts of people who were confirmed to have been infected to see if they became infected;
  • Study of a public high school where three confirmed human cases of influenza A (H1N1) of swine origin occurred to see if anyone became infected and how much contact they had with a confirmed case; and
  • Study to see how long a person with the virus infection sheds the virus.

How long can influenza virus remain viable on objects (such as books and doorknobs)?
Studies have shown that influenza virus can survive on environmental surfaces and can infect a person for up to 2-8 hours after being deposited on the surface.

What kills influenza virus?
Influenza virus is destroyed by heat [167-212?F (75-100?C)]. In addition, several chemical germicides, including chlorine, hydrogen peroxide, detergents (soap), iodophors (iodine-based antiseptics), and alcohols are effective against human influenza viruses if used in proper concentration for a sufficient length of time. For example, wipes or gels with alcohol in them can be used to clean hands. The gels should be rubbed into hands until they are dry.

How should waste disposal be handled to prevent the spread of influenza virus?
To prevent the spread of influenza virus, it is recommended that tissues and other disposable items used by an infected person be thrown in the trash. Additionally, persons should wash their hands with soap and water after touching used tissues and similar waste.

What household cleaning should be done to prevent the spread of influenza virus?
To prevent the spread of influenza virus it is important to keep surfaces (especially bedside tables, surfaces in the bathroom, kitchen counters, and toys for children) clean by wiping them down with a household disinfectant according to directions on the product label.

How should linens, eating utensils, and dishes of persons infected with influenza virus be handled?
Linens, eating utensils, and dishes belonging to those who are sick do not need to be cleaned separately, but importantly these items should not be shared without washing thoroughly first. Eating utensils should be washed either in a dishwasher or by hand with water and soap. Linens (such as bed sheets and towels) should be washed by using household laundry soap and tumbled dry on a hot setting. Individuals should avoid “hugging” laundry prior to washing it to prevent contaminating themselves. Individuals should wash their hands with soap and water or alcohol-based hand rub immediately after handling dirty laundry.

*Note: Much of the information in this article is based on studies and past experience with seasonal (human) influenza. CDC believes the information applies to the new H1N1 (swine) viruses as well, but studies on this virus are ongoing to learn more about its characteristics.

Nine New Persistent Organic Pollutants Identified

Ministers and officials from 150 governments met recently at a conference in Geneva, Switzerland, to advance global efforts to rid the world of some of the most hazardous chemicals produced by humankind. The conference marks a new chapter in the history of the Stockholm Convention. For the first time, nine new chemicals are proposed for listing many of which are still widely used as pesticides, flame retardants, and a number of other commercial uses.

The chemicals that were discussed at the conference included: Alpha hexachlorocyclohexane; Beta hexachlorocyclohexane; Hexabromodiphenyl ether and heptabromodiphenyl ether; Tetrabromodiphenyl ether and pentabromodiphenyl ether; Chlordecone; Hexabromobiphenyl; Lindane; Pentachlorobenzene; Perfluorooctane sulfonic acid and its salts, and Perfluorooctane sulfonyl fluoride.

Until now, the Stockholm Convention on Persistent Organic Pollutants (POPs) has targeted the so-called “dirty dozen” that include 12 hazardous pesticides and industrial chemicals linked with human health impacts ranging from damage to the nervous and immune systems, cancer and reproductive disorders, and the disruption of infant and child development.

“The risks posed by such chemicals are profound and these toxic substances leave chemical footprints around the globe. Farmers, pregnant women, young people, the unborn and certain remote communities such as those in the Arctic are particularly vulnerable,” said UN Under-Secretary General and UNEP Executive, Achim Steiner.

“This week in Geneva governments can make an important contribution to the poverty-related UN Millennium Development Goals as well as catalyzing a transition to a healthier, more sustainable Green Economy. I would urge them to take that opportunity and begin lifting another health threat from literally millions of peoples’ lives,” he added.

Another key issue on the conference agenda was an evaluation of whether countries that use DDT to combat mosquitoes carrying the deadly malaria parasite need to continue doing so. While the Convention targets DDT for elimination, it recognizes that some countries must still use this pesticide to protect their citizens’ health.

Delegates will consider the endorsement of a business plan to promote effective alternatives to DDT. The meeting will also focus on expanding support to developing countries to clean up POPs worldwide and safer alternatives for human health and the environment.

Another issue is how to meet the challenges of a POPs-free future to minimize human suffering and the global cost of responding to the human health and environmental problems caused by POPs. This is particularly important to vulnerable populations which suffer the most exposure. There are four distinct challenges:

  • Challenge #1: Moving away from the production and use of POPs towards safer alternatives and to reach the goal of eliminating the release of unintentionally produced POPs.
  • Challenge #2: Identifying new POPs that put human health and the environment at risk.
  • Challenge #3: Ensuring that technical and financial resources are made available for all countries to meet their obligations under the Convention.
  • Challenge #4: Continuing to ensure the Convention meets its goal of protecting human health and the environment from POPs.

Another issue is how to strengthen the efforts to phase out PCB use. A vital next step will be to consider the endorsement of a PCB elimination club to establish key data and to evaluate whether the use of PCBs is indeed declining.

The meeting will also consider further steps for promoting the use of best available techniques, best available practices, and best environmental practices to reduce or eliminate the unintentional releases of unintentionally produced POPs.

Court Requires Expansion of California Proposition 65 List

The Alameda Superior Court has ruled that California’s landmark “right-to-know” and safe drinking water protection law, Proposition 65, must be extended to toxic chemicals known to cause cancer and reproductive harm identified under worker protection standards. The ruling finds in favor of labor and environmental groups, including the Natural Resources Defense Council, United Steelworkers, and the Sierra Club that fought the case against the California Chamber of Commerce.

Under Proposition 65, California annually publishes a list of chemicals that warms consumers of harmful substances and prohibits the discharges of listed chemicals into drinking water sources. For many years, California has failed to include a number of carcinogens and reproductive toxins on the list that were already the subject of workplace warning requirements.

“This is a victory for the health of all California families and communities, who have a right to know when they are exposed to chemicals that cause cancer and birth defects,” said Michael E. Wall, senior attorney with the Natural Resources Defense Council. “This decision will prevent bureaucratic delays from standing in the way of health and drinking water protections.”

The court held that California has an annual legal duty to update the Proposition 65 list with carcinogens and reproductive toxins identified under worker protection standards. The groups sued the state in 2007 over its wholesale failure to keep the Proposition 65 list current in light of new science and revised workplace protections. The court’s ruling rejected an argument made by the California Chamber of Commerce in a consolidated lawsuit.

"Californians have a right to know whether household products like frying pans and food packaging are putting our families and workers at risk," said Bill Magavern, Director of Sierra Club California. "That's why the voters passed Proposition 65, and the state needs to fully enforce the law."

Precisely which chemicals California must now add to the Proposition 65 list is still in dispute, but more than 90 additional chemicals identified in workplace safety standards are at issue. Examples of chemicals that are likely to be listed as a result of this ruling include: styrene, a principal ingredient in various plastic and foam products; gasoline additives such as tert-amyl methyl ether (TAME); and carbaryl, a common lawn and garden pesticide.

Roofing Contractor Fined $79,000 for Fall Hazards

OSHA has cited Duval Roofing LLC, a North Reading, Massachusetts, roofing contractor for 16 alleged violations of safety and health standards. Duval Roofing faces a total of $79,000 in proposed fines for fall, scaffold, ladder, and other hazards identified at a residential construction site in Woburn, Massachusetts.

OSHA’s inspection found employees working on a two-story roof without fall protection and accessing the roof and scaffolding on ladders that did not extend at least three feet above the upper landing surface. As a result, OSHA issued the company two willful citations with $56,000 in proposed fines. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.

“It takes only one slip or misstep to turn a construction site into an accident scene,” said Paul Mangiafico, OSHA’s area director for Middlesex and Essex counties. “That’s why it is imperative that employers supply effective fall protection where required so their workers are protected against potentially deadly or disabling falls.”

OSHA also issued the company 14 serious citations, with $23,000 in fines, for a variety of scaffold hazards involving improper construction, lack of fall protection, lack of scaffold training, an overloaded scaffold, and locating a scaffold too close to an energized power line; fall hazards from ladders not used at a proper angle, unsecured ladders, a defective ladder and areas not kept clear around tops and bottoms of ladders; and lack of head, eye, and face protection for employees exposed to overhead hazards.

OSHA issues serious citations when death or serious physical harm is likely to result from hazards about which the employer knew or should have known. 

Duval Roofing has 15 business days from receipt of the citations and proposed penalties to comply, request and participate in an informal conference with the OSHA area director or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission. The inspection was conducted by OSHA’s Boston North Area Office.

US Signs International Agreement to Reduce Animal Testing

. The agreement between the United States, Canada, Japan, and the European Union will yield globally coordinated scientific recommendations on alternative toxicity testing methods that should speed their adoption in each of these countries, thus reducing the number of animals needed for product safety testing.

“Signing this international agreement demonstrates our commitment to finding and advancing alternatives to animal testing,” said Linda Birnbaum, Ph.D., director of the NTP and National Institute of Environmental Health Sciences, part of the National Institutes of Health. “This agreement will help us achieve greater efficiency by avoiding duplication of effort and allowing us to leverage limited resources.”

The agreement promotes enhanced international cooperation and coordination on the scientific validation of non- and reduced-animal toxicity testing methods. If the toxicity testing methods are shown to be reproducible based on strong scientific information, and able to accurately identify product related health hazards, the tests are more readily accepted by regulatory agencies.

“The memorandum covers three critical areas of test method evaluation: validation studies, independent scientific peer review meetings and reports, and development of test method recommendations for regulatory consideration,” said Marilyn Wind, Ph.D., chair of the Interagency Coordinating Committee on the Validation of Alternative Methods and a scientist at the Consumer Product Safety Commission (CPSC).

Federal agencies in the United States are committed to the welfare of animals used in research. All animals used in federally-funded research are protected by laws, regulations, and policies to ensure they are used in the smallest number possible and with the greatest commitment to their comfort. Efforts are underway to promote the development and validation of alternative test methods. Alternative test methods are those that accomplish one or more of the 3Rs—reducing the number of animals used in testing, or refining procedures so animals experience less pain and distress, or replacing animals with non-animal systems.

OSHA Convenes Rulemaking Panel on Worker Exposure to Food Flavorings Containing Diacetyl

Secretary of Labor Hilda L. Solis has announced that OSHA will convene a Small Business Regulatory Enforcement Fairness Act (SBREFA) panel May 5 on a draft proposed rule on occupational exposure to diacetyl and food flavorings containing diacetyl.

The SBREFA allows for small businesses that may be affected by a proposed rule to review the proposal and provide comments before an agency publishes it in the Federal Register. The SBREFA panel, comprised of OSHA, the Small Business Administration's Office of Advocacy, and the Office of Management and Budget's Office of Information and Regulatory Affairs, reviews the draft proposed rule and supporting economic analyses, appoints small entity representatives (SERs) to provide comments and prepares a report on the SERs' comments and recommendations.

"The goal of the process is to develop recommendations designed to assure accuracy of the supporting analyses and to identify alternatives that may reduce the burden on small businesses," said Secretary Solis. Last month, she withdrew an Advance Notice of Proposed Rulemaking to facilitate timely development of a standard to protect workers from bronchiolitis obliterans, a serious and potentially fatal lung disease associated with exposure to diacetyl.

"I am alarmed that workers exposed to food flavorings containing diacetyl may continue to be at risk of developing a potentially fatal lung disease. Exposure to this harmful chemical already has been linked to the deaths of at least three workers," said Solis. "These deaths are preventable, and it is imperative that the Labor Department move quickly to address these hazards."

Solis' interest in this issue began when she was a member of Congress and workers in her former California district developed irreversible lung disease after being exposed to this workplace hazard. At one time, she urged OSHA to issue an emergency temporary standard to protect these workers.

Once OSHA convenes the SBREFA process, the panel will meet with the SERs to obtain their recommendations. The panel must complete the process and submit its final report within 60 days after being convened.  OSHA also will put the panel's final report in that docket.

Women More Vulnerable to Tobacco Carcinogens

Women may be more vulnerable than men to the cancer-causing effects of smoking tobacco, according to new results reported recently at the European Multidisciplinary Conference in Thoracic Oncology (EMCTO) in Lugano, Switzerland. Swiss researchers studied 683 lung cancer patients who were referred to a cancer centre in St Gallen between 2000 and 2005 and found women tended to be younger when they developed the cancer, despite having smoked on average significantly less than men.

"Our findings suggest that women may have an increased susceptibility to tobacco carcinogens," report Dr Martin Frueh and colleagues.

Dr Enriqueta Felip from Val d'Hebron University Hospital in Barcelona, Spain, conference co-chair, notes that the results support a growing awareness that smoking presents greater risks to women than men.

"In the early 1900s lung cancer was reported to be rare in women, but since the 1960s it has progressively reached epidemic proportions, becoming the leading cause of cancer deaths among women in the United States," Dr Felip said.

"Lung cancer is not only a man's disease, but women tend to be much more aware of other cancers, such as breast cancer," she said. "Several case-control studies seem to suggest that women are more vulnerable to tobacco carcinogens than men."

On the positive side, other research presented at the conference suggests that women tend to do better than men after surgery to remove lung tumors. Irish researchers, led by Dr. Bassel Al-Alao, studied 640 patients whose non-small-cell lung cancer was surgically removed over a 10-year period, 239 of whom were women. They found that median survival after surgery was 2.1 years for men, and 4.7 years for women.

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