Presidential Executive Order on Distracted Driving Takes Effect

U.S. Transportation Secretary Ray LaHood reiterated December 30 as the effective date of President Obama’s Executive Order on distracted driving, which will prohibit more than 4 million federal employees from texting behind the wheel while working or while using government vehicles and communications devices.

“Every time we climb into the driver’s seat, we all have a responsibility for keeping our roads safe by putting away cell phones and other distractions,” said Secretary LaHood. “I am proud that the federal government is leading by example, and encourage others to think about how they can set a safety example in their communities whether it’s through employee policies, safety awareness campaigns, or just making sure your teen driver knows the risks.”

The order also encourages federal contractors and others doing business with the government to adopt and enforce their own policies banning texting while driving on the job.

Following the fall summit, Secretary LaHood directed all 58,000 DOT employees to comply immediately with the President’s Executive Order.

“Today it’s second nature to remind our friends and loved ones to buckle up and not to drink and drive, and we have to send the same message about texting and talking on the phone,” said Secretary LaHood. “It will take everyone working together to put an end to needless crashes and deaths.”

A PSA featuring Secretary LaHood began airing across the nation this week reminding drivers to keep their focus on the road—and off their cell phones. 

National Highway Traffic Safety Administration (NHTSA) research shows that nearly 6,000 people died in 2008 in crashes involving a distracted or inattentive driver, and more than half a million were injured. On any given day in 2008, more than 800,000 vehicles were driven by someone using a hand-held cell phone.

Many states have distracted driving laws that ban texting, e-mailing, and/or use of a cell phone without a hands free device. 

OSHA Announces Hearings on Revised Hazard Communication Standard

On September 30, 2009, OSHA published a proposed rule to revise the Hazard Communication Standard (HCS) to conform with the United Nations' (UN) Globally Harmonized System of Classification and Labeling of Chemicals (GHS) (74 FR 50280). OSHA published a correction notice for the NPRM on November 5, 2009 (74 FR 57278). The deadline for submitting written comments and hearing requests was December 29, 2009. OSHA anticipates receiving several hearing requests and is scheduling hearings to begin on March 2, 2010, in Washington, D.C.; March 31, 2010, in Pittsburgh, Pennsylvania; and April 13, 2010, in Los Angeles, California.

What’s on NIOSH’s Regulatory Agenda?

The National Institute for Occupational Safety and Health (NIOSH) included the following items on its Fall 2009 Regulatory Agenda:

NIOSH Extends Comment Period for Respirator Respirators

NIOSH has proposed establishing total inward leakage (TIL) requirements under 42 CFR Part 84 for half-mask air-purifying particulate respirators, including both elastomeric facepiece and filtering facepiece types. The proposed new requirements specify TIL minimum performance requirements and testing to be conducted by NIOSH and respirator manufacturers to demonstrate that these respirators, when selected and used correctly, provide effective respiratory protection to intended users against toxic dusts, mists, fumes, fibers, and biological and infectious aerosols [e.g., influenza A(H5N1), severe acute respiratory syndrome (SARS) corona virus, and Mycobacterium tuberculosis].

NIOSH published a proposed rule on TIL requirements for respirators on October 30, 2009 and requested comments on this proposed rule on or before December 29, 2009. On November 18, 2009, NIOSH announced a public meeting on the proposed rule to be held on December 3, 2009. In response to requests for an extension to allow interested parties additional time for comments, the comment period is extended by 90 days, from December 29, 2009, as established in the proposed rule of October 30, 2009, to March 29, 2010.

This docket collects the public comments related to the Notice of Proposed Rulemaking. Information submitted to the docket will be considered in the context of developing a Final Rule to establish TIL requirements for half-mask respirators approved under Subpart K of 42 CFR Part 84. 

OSHA Fines Chapman Printing Co. $158,400 for Violations Discovered in June Inspection

OSHA has cited Chapman Printing Co., of Huntington, West Virginia, for workplace safety and health violations. Proposed penalties total $158,400.

OSHA initiated its inspection on June 18 in response to a formal complaint. As a result of the investigation, the company has been issued citations for six willful violations, with a penalty of $126,000; eight serious violations, with a penalty of $27,900; and five other-than-serious violations, with a penalty of $4,500.

“Each of these violations leaves the company’s workers vulnerable to potential injuries and illness,” said Jeff Funke, area director of OSHA’s Charleston, West Virginia, office. “It is important that Chapman Printing Co., eliminate these hazards to ensure a safe and healthy work environment.”

The willful violations address the company’s failure to provide adequate energy control procedures and a hearing conservation program. OSHA defines a willful violation as one committed with plain indifference to, or intentional disregard for, employee safety and health.

The serious violations include a lack of machine guarding, failure to conduct a hazard assessment of the workplace to determine the need for personal protective equipment (PPE), failure to provide PPE for employees, and failure to provide and use protective equipment when working on or near energized electrical equipment. OSHA issues a serious citation when there is substantial probability that death or serious physical harm could result and the employer knew, or should have known, of the hazard.

The other-than-serious violations are due to the company’s inadequate recordkeeping.

OSHA Fines International Masonry Inc. $140,800 Following Scaffold Collapse that Killed Worker

OSHA has cited International Masonry Inc., in Columbus, Ohio, with proposed penalties totaling $140,800 for alleged serious and willful violations of federal workplace safety standards after investigating the death of a worker.

International Masonry Inc., has been cited with three willful violations. The proposed penalties of $112,000 are for allegedly modifying the manufacturer’s designed outrigger brackets on scaffolding, not ensuring scaffolding was properly secured to prevent tipping, and not ensuring bracing was installed according to manufacturer’s recommendations.

The company also has received citations for seven serious violations, with proposed fines of $28,000. Some of the violations address the company’s failure to ensure that power industrial-truck operators were properly trained; failure to repair or replace damaged scaffolding components; guardrail not properly installed; and ladders not used as required, according to safety standards.

The company also received an other-than-serious violation with a fine of $800 for not maintaining proper record keeping logs.

OSHA conducted a comprehensive safety inspection in July 2009 following the fatality of a worker who fell approximately 37 feet after the scaffolding he and two other workers were on collapsed. The family owned company, which employs approximately 100 people, specializes in masonry and stonework construction, and has had 59 previous OSHA inspections resulting in 41 violations since 1973, including a fatality inspection in 2002.

U.S. Marshals Seize Vehicle After Brocon Petroleum Inc. Fails to Comply with Court Order

U.S. marshals accompanied by special agents from the U.S. Department of Labor’s Office of the Inspector General seized a vehicle at the residence of Richard Kohler, president of Brocon Petroleum Inc., after Brocon Petroleum and Kohler failed to pay $7,500 in back wages to a former employee. The back wages were the result of a consent judgment filed in the U.S. District Court for the District of New Jersey to resolve a lawsuit filed by the Labor Department in March 2008.

The suit was filed after OSHA found the company had violated the whistleblower provisions of the OSH Act. An investigation by OSHA’s Whistleblower Protection Program found the defendants had terminated the employee in retaliation because they suspected he had called OSHA and caused an inspection.

Under the consent judgment, Brocon Petroleum had agreed to pay the former employee’s back wages in addition to removing all reference to suspension or discharge from the employee’s personnel file and posting a notice notifying current employees of their whistleblower rights. However, the company failed to comply with the monetary terms of the consent judgment.

“This action should send a clear message that there will be consequences for retaliating against employees who engage in activities protected by law,” says Robert Kulick, OSHA’s regional administrator in New York. “While OSHA is best known for ensuring the safety and health of employees, it is also a whistleblower protection agency.”

OSHA enforces the whistleblower provisions of the OSH Act and 16 other statutes protecting workers who report violations of various trucking, airline, nuclear power, pipeline, environmental, rail, and securities laws. 

OSHA Fines Broan Nu-Tone Storage Solutions Following Amputation Accident

OSHA has cited Broan Nu-Tone Storage Solutions LP for one alleged willful and four alleged serious violations following the amputation of a worker’s hand at the company’s Cleburne, Texas, worksite. Proposed penalties total $91,000.

OSHA’s Fort Worth Area Office began its investigation on August 27 at the company’s facility in Cleburne to investigate an accident involving the amputation of an employee’s hand which resulted from operating a 150-ton mechanical power press. A willful citation was issued for failing to provide adequate machine guarding.

“If the employer had ensured the machine was adequately guarded, it is possible this tragic accident could have been avoided,” said Zachary Barnett, OSHA’s area director in Fort Worth, Texas.

Serious violations include failure to perform regular inspections of mechanical power presses, to provide adequate supervision while employees were working on hazardous equipment and to ensure adequate training was given for maintaining mechanical power press equipment.

Murphy Oil U.S.A. Inc. Fined $85,500 Following OSHA Inspection under NEP for Petroleum Refineries

OSHA has cited Murphy Oil U.S.A. Inc., with alleged serious violations of federal health and safety regulations following an inspection at the company’s facility in Meraux, Louisiana. Proposed penalties total $85,500. OSHA’s Baton Rouge Area Office began its investigation July 7 as part of OSHA’s National Emphasis Program (NEP) for Petroleum Refineries.

The investigation resulted in 18 serious violations, including failing to provide an adequate relief system design to prevent possible fire and explosions for the Hydro Cracker unit, to ensure that equipment in the refining process complied with recognized and generally accepted good engineering practices, to sufficiently develop and implement a written mechanical integrity program, to conduct regularly scheduled piping inspections, and to report findings and recommendations from incident investigations.

“In order to protect workers from potential hazards at high risk facilities, OSHA’s process safety management regulations must be followed,” said Dorinda Folse, OSHA’s area director in Baton Rouge, Louisiana. “We are hopeful that this company will take the necessary corrective action to prevent injuries and illnesses.”

Murphy Oil U.S.A., headquartered in El Dorado, Arkansas, operates refineries in Meraux and Superior, Wisconsin. The Meraux facility employs about 315 workers engaged in the refining and transportation of petroleum products.

OSHA Fines Walt Disney World $44,000 Following Fatality of Monorail Driver

OSHA has cited Walt Disney World for safety violations following the fatality of a monorail driver in July and has issued a recommendation letter concerning the death of an actor during a stage production at the theme park in August.

In early July, one worker was killed when two monorail trains collided while switching tracks. One monorail train was holding while another was being removed from the loop and transferred to the express loop where it would travel to the maintenance shop. The command was given for the switching operation to move one train to the express loop, but switch beams eight and nine were not locked into position or energized. When one train traveled in reverse it remained on the loop and struck the other train, fatally injuring the operator.

Walt Disney World is being cited with a serious violation for not providing a place of employment free from recognized hazards that could cause death or serious harm by exposing employees to struck-by collision hazards.

During the monorail investigation, inspectors observed three violations unrelated to the fatality. Two repeat violations are being cited for exposing employees to fall hazards without fall protection and not providing educational training for monorail employees in the use of a portable fire extinguisher. A serious violation was found as well in which a drill press did not have a guard installed.

Additionally, on August 8, an actor was fatally injured from injuries sustained during the Pirates of the Caribbean tutorial stage show when he hit a concrete wall on a new stage, which had opened in July. While no OSHA violations are being proposed for the incident, the agency is recommending that employees rehearse on new stages before their first live performance.

“With the monorail, Disney should have put procedures in place that would have prevented the fatal crash from occurring,” said OSHA Assistant Secretary, Dr. David Michaels. “Employers need to take effective and ongoing corrective action to protect the health and safety of their workers. In the case of the actor’s death, OSHA feels that greater familiarity with the new stage might have changed the outcome.”

OSHA has proposed a total of $44,000 in penalties against the company for the monorail incident, including a penalty of $7,000 for the serious violation related to the fatality, the maximum amount allowed for a serious citation.

South Carolina Residents Encouraged to Test for Radon

The S.C. Department of Health and Environmental Control (DHEC) is partnering with EPA to educate residents about the dangers of radon exposure.

“Radon is a naturally-occurring, invisible, odorless, tasteless gas that is dispersed in outdoor air, which can reach harmful levels when trapped in buildings,” said Sandra Flemming, director for DHEC’s Division of Analytical and Radiological Environmental Services. “The EPA estimates nearly 1 out of every 15 homes in America has elevated radon levels.”

Flemming said scientists have long been concerned about the health risk of radon, but never before has there been such overwhelming proof that exposure to elevated levels of radon causes lung cancer in humans. The EPA estimates that radon is responsible for more than 20,000 lung cancer deaths per year. Radon is the second leading cause of lung cancer in the U.S. after smoking and the leading cause of lung cancer among non-smokers.

“Because you can’t see or smell radon, people tend to downplay the health effects and ignore the possibility that there might be a silent killer in their homes,” Flemming said. “Testing homes for elevated levels of radon is simple and inexpensive.”

According to Flemming, free radon test kits are available from DHEC. Kits can also be purchased at local hardware and home improvement stores, or directly from radon testing companies. Many are priced at less than $25.

For more information on obtaining a free radon test kit from DHEC, call 1-800-768-0362 or 864-241-1095. 

UL Alternative Certification Program for Lead Free Verification of Cooking and Plumbing Products

Underwriters Laboratories (UL) has announced a new certification program to help manufacturers of cooking and plumbing related products demonstrate compliance with new, stricter low lead requirements that became mandatory in California and Vermont on January 1, 2010.

California Assembly Bill 1953 (AB 1953), now a state law, was passed in order to update section 116875 of the California Health & Safety Code. The law requires no more than 0.2% lead by weight in solder and flux used in the installation or repair of any public water system or any residential or nonresidential facility that provides water for human consumption. AB 1953 also requires no more than a weighted average of 0.25% lead by weight when used with respect to the wetted surfaces of pipes and pipe fittings, plumbing fittings, and fixtures.

UL’s new certification program will test materials to demonstrate compliance to both the California Health and Safety Code and similar legislation in Vermont. It will allow manufacturers that are required to demonstrate compliance with the California Health and Safety Code, but are not covered by or specifically included in Annex G of ANSI/NSF 61, to obtain the proper product safety certification.

“UL is giving manufacturers their first option of demonstrating compliance with new low lead laws using a means other than Annex G. We decided not to wait for Annex G to be updated or the creation of a new standard to offer our valued customers California Department of Toxic Substances Control (DTSC)-recognized product validation,” said Jeff Smith, general manager, UL Global Water Business. “Now, manufacturers can quickly and efficiently navigate the compliance processes recognized by the DTSC and required by state law.”

UL will continue to support the industry by providing certification to Annex G of ANSI/NSF 61 as announced in April 2009 in addition to the new service offering.

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