Citing comments in opposition from worker advocacy organizations, labor unions, and risk assessment experts, the U.S. Department of Labor (DOL) has withdrawn a controversial risk assessment rule that critics charged would have unnecessarily delayed rulemaking to protect workers from toxic substances. The American Industrial Hygiene Association (AIHA) opposed both the substance of the rule and the DOL’s determination to proceed without allowing additional public comment.
“AIHA is pleased the DOL has decided to withdraw the proposed risk assessment rule,” said AIHA President Cathy L. Cole, CIH, CSP. “AIHA opposed this rule from the beginning because of our concern that the rule would extend the process needed to protect workers from exposure to workplace toxins. The fact that the DOL did not seek input from professionals who deal with workplace hazards on a daily basis led AIHA and many others to believe the rule had numerous flaws. While we understand why the DOL felt they needed such a rule, the process used was flawed.”
In August 2008, DOL published a notice of proposed rulemaking intended to codify the DOL’s risk assessment procedures for health standard rulemakings that address workplace exposure to toxic substances. The proposal would have required DOL agencies to 1) issue an advanced notice of proposed rulemaking (ANPR) for every health standard involving toxic substances or hazardous chemicals, apart from emergency temporary standards; 2) post documents related to a rulemaking on the Internet; and 3) discard the assumption of a 45-year working life per worker in favor of industry-by-industry exposure data.
Opponents contended that the ANPR requirement would delay rulemaking, that a 2002 law already required department agencies to post information related to rulemaking on the Internet, and that a reliance on industry-by-industry data would underestimate worker exposures.
The DOL declined requests from members of Congress to hold public hearings on the proposed rule and declined to extend the 30-day public comment period.
In extensive comments on the final rule, AIHA stated, “After review of the proposed rule by the AIHA Risk Assessment Committee, AIHA is concerned that the proposed approach will result in increased exposure to workplace toxins based on assumptions that do not accurately reflect workplace conditions or worker experience. AIHA is also concerned that the DOL has not solicited input from those individuals who have wide-ranging expertise in evaluating worker exposure from chemicals and toxins, including industrial hygienists.”
The rule was withdrawn on August 31, 2009.
“AIHA thanks the DOL for listening to the many concerns expressed about this proposal and offers our assistance to the DOL should they wish to proceed with new rulemaking,” Cole said.
4,000 Worksites on OSHA’s Site-Specific Targeting Enforcement List
The program helps OSHA direct enforcement resources to workplaces such as manufacturing and nursing homes where the highest rate of injuries and illnesses occur.
Changes to this year’s program include dividing the primary list of establishments slated for inspection into three sectors—manufacturing, non-manufacturing, and nursing homes. Rather than using one rate for all establishments, OSHA established minimum injury and illness rates for each group, allowing the agency to inspect even more establishments that exceed the minimum rates specific to that sector. Additionally, some facilities that did not answer an OSHA Data Initiative survey will be added to the inspection list. The agency’s intent is to deter employers from not responding to avoid inspection.
“These inspections examine all aspects of a workplace’s operations and the effectiveness of its safety and health efforts,” said acting Assistant Secretary of Labor for OSHA Jordan Barab. “The SST program emphasizes to employers the importance of ensuring safe working conditions for workers.”
The SST-09 inspection program is based on injury and illness data from the agency’s 2008 Data Initiative survey of 80,000 employers, with 40 or more workers, in industries with historically high occupational injury and illness rates. The primary and secondary lists show case rates calculated from the number of days away from work, restricted work activity or job transfer (DART), or a “days away from work injury and illness” (DAFWII) rate.
The primary list includes 3,100 manufacturing establishments with a DART rate of 8 or more, or a DAFWII rate of 6 or more. The 500 non-manufacturing establishments have a DART rate of 15 or more or a DAFWII rate of 13 or more. The remaining 300 establishments are nursing homes and personal care facilities with DART or DAFWII rates of 17 or more or 14 or more, respectively.
The secondary list shows establishments in manufacturing with a DART rate between 6 and 8, or a DAFWII rate between 4 and 13; non-manufacturing with a DART rate between 6 and 15, or a DAFWII rate between 4 and 13; and nursing homes and personal care facilities with DART or DAFWII rates between 15 and 17 or between 11 and 14, respectively.
Illinois OSHA Receives Approval to Administer Public Employee Protection Plan
Illinois has become the newest state to receive approval from federal OSHA to administer its own occupational safety and health plan for public employees in the state.
Illinois joins New Jersey, Connecticut, New York, and the Virgin Islands as one of five states and territories authorized by federal OSHA to administer a safety and health program of standards and enforcement specifically for state and local government employees. The Illinois plan is the first new state plan to be approved since New Jersey was added in 2001. Twenty-one states, in addition to Puerto Rico, have OSHA-approved plans for the private sector that also extend coverage to state and local government employees.
The plan will be administered by the Illinois Department of Labor, Safety Inspection, and Education division. The program covers more than 1 million public workers, including 161,200 state government workers and 690,000 municipal workers, along with workers in the public education sector. Illinois has provided protection to its public employees for many years but will now meet the additional requirements of the federal OSHA program. Private sector employees remain under the jurisdiction of federal OSHA.
Illinois will adopt and enforce standards identical to most federal OSHA safety and health standards and has committed to bringing all its standards in line with OSHA requirements. The state plan also provides that future OSHA standards and revisions will be adopted by the state.
Once a state plan has been approved, federal OSHA funds up to 50% of the program’s operating costs. Federal OSHA is awarding a $1.5 million grant for the $3 million Illinois Public Employee Only program.
To be eligible for initial approval as a public employee-only state plan, a state must be able to operate an occupational safety and health program that is, or will be, at least as effective as the federal program.
OSHA Introduces New Bilingual Construction Safety Resource
OSHA recently introduced a new construction safety training resource for Spanish-speaking construction workers to community and faith-based leaders from the Hudson Valley, New York City and Long Island in a presentation held at OSHA’s Tarrytown Area Office.
“Knowledge of construction hazards and safeguards can prevent injuries and save lives,” said Diana Cortez, OSHA’s regional Hispanic coordinator in New York. “The challenge is to deliver that knowledge to vulnerable and hard-to-reach workers and to do so in a form that they understand and from a source they know and trust. Community and faith-based organizations are a vital link in reaching these workers.”
Community and faith-based organizations can use the kit to educate their constituencies and themselves on the recognition and avoidance of safety and health hazards associated with construction work.
“Effective safety and health management depends on workers being able to understand job-related hazards and the means to prevent and eliminate those hazards,” said Robert Kulick, OSHA’s regional administrator in New York. “Tools such as this are designed to bridge the language gap so that Spanish- and other non-English-speaking workers can safeguard themselves and their fellow workers.”
Focus 4 Hazards was developed by the Construction Safety Council under an OSHA Susan Harwood Training Grant with the kits being available in English, Spanish, and Polish.
Waste Collection Company’s Failure to Correct Safety Hazards Results in Additional $304,200 in OSHA Fines
Heberle Disposal Service Inc., a Rochester, New York, solid waste collection company, faces an additional $304,200 in fines from OSHA for failing to correct hazards cited during a 2008 inspection and for new and recurring safety hazards at its Alvanar Road worksite.
OSHA had cited the company in June 2008 for 12 serious violations. A 2009 follow-up inspection found that five of the 12 cited hazards remained uncorrected: improper transfer of flammable liquids; not ensuring employees were competent to operate powered industrial trucks; not informing and training employees about the hazardous chemicals in their workplace; allowing spark-producing equipment near flammable paint spray areas; and not determining an employee’s medical fitness to wear a respirator. These uncorrected conditions resulted in the issuance of five failure-to-abate notices carrying $288,000 in proposed fines.
“The sizable fines proposed here reflect the gravity of this employer’s ongoing failure to correct clear and recognized hazards that could result in burns, crushing injuries or death for its employees,” said Arthur Dube, OSHA’s area director in Buffalo, New York.
The company also has been issued three repeat citations, with $8,400 in fines, for new hazardous conditions similar to those cited in 2008: an unguarded disc grinder, an improperly adjusted work rest on a bench grinder, and an ungrounded flexible power cord.
Two serious citations, with $6,000 in fines, have been issued for improper storage and dispensing of flammable liquids. Finally, the company has been issued one other-than-serious citation and fined $1,800 for not posting the OSHA citations issued from the previous inspection.
“One means by which employers can prevent the occurrence and recurrence of serious workplace hazards is through an effective safety and health management system in which they work with their employees on a continual basis to actively identify, analyze, and eliminate hazardous conditions,” said Robert Kulick, OSHA’s regional administrator in New York.
Electrical Contractor Faces $148,000 Fine Following Stamford, Connecticut Electrical Fire
OSHA has proposed $148,000 in fines against C.W. Pond Contractors Inc., a Norwalk, Connecticut, electrical contractor, in connection with a March 4 electrical fire at the Old YMCA at 980 Washington Blvd. in Stamford, Connecticut.
Two apprentice electricians were working on and around an energized 480 volt electrical distribution panel when an electrical arc flash and blast occurred, burning one of the workers. OSHA’s investigation found that the panel had not first been de-energized before being worked on, as required, and the employees had not been supplied with the required personal protective equipment (PPE).
As a result of these conditions, OSHA has issued C.W. Pond Contractors two willful citations, carrying $140,000 in proposed penalties. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.
The contractor also has been issued one serious citation, with a $7,000 fine, for not training employees on safety-related electrical work practices, and one other-than-serious citation with a $1,000 fine for an incomplete illness and injury log. Serious citations are issued when death or serious physical harm is likely to result from hazards about which the employer knew or should have known.
“The lethal potential of electricity cannot be underestimated. This accident could easily have resulted in a double fatality, as electricity moves—and can kill—at the speed of light,” said Robert Kowalski, OSHA’s area director in Bridgeport. “Due to the grave nature of these hazards, we are proposing the maximum fines allowed under the law.”
School Bus Company Fined $83,120 for Violating Multiple Federal Safety Regulations
The Federal Motor Carrier Safety Administration (FMCSA) has announced that it has issued a civil penalty notice and fine of $83,120 to Lehane’s Bus Service, Inc., of New Castle, Delaware for alleged federal motor carrier safety violations. The fine was the result of an investigation by FMCSA’s Delaware Division into the school bus company’s safety compliance record.
The FMCSA cited Lehane’s Bus Service, Inc., for a number of safety violations, including:
- Employing a driver who tested positive for a controlled substance;
- Failing to conduct periodic, random drug and alcohol testing;
- Operating vehicles without the required federal minimum levels of insurance; and
- Operating vehicles that had not been inspected for safety defects as federally required.
“As school buses return to the roads in communities across the country, it is imperative that every bus company and driver operates in full compliance with federal safety regulations,” said Rose A. McMurray, FMCSA Acting Deputy Administrator. “For the FMCSA and its state partners, enforcing safety standards and assessing civil penalties that keep unfit carriers and drivers off the road is critical to protecting the millions of students returning to their classrooms this school year.”
The fine and citation of Lehane’s Bus Service, Inc., came as a result of the FMCSA’s spring passenger carrier strike force initiative, Operation Safe Student, carried out in all 50 states and U.S. territories from May 8 to May 21, 2009. The goal of the strike force was to remove unsafe buses, motor coaches, and other passenger carriers and drivers from the road, and to provide states additional funding to conduct roadside safety inspections.
Lehane’s Bus Service, Inc., will have an opportunity to contest the alleged violations and the fine.
OSHA Cites Georgia Poultry Additive Manufacturer for Serious Safety Violations and Proposes Nearly $70,000 in Fines
OSHA is proposing $69,500 in penalties against Chris Brigham, doing business as Brigham Farms, for safety violations at its Ball Ground, Georgia, poultry additive facility. Brigham Farms has been cited with two alleged violations for failure-to-abate with a proposed penalty of $20,700. These violations stem from a previous inspection in August 2008 that revealed workers exposed to propionic acid and formaldehyde were not provided an eye wash and shower area, and the employer has not implemented a hazard communication plan when using chemicals such as propionic acid and formaldehyde.
The citations include 11 alleged repeat violations with a proposed penalty of $26,400, including failure to conduct an initial process hazard analysis for production of a substance containing formaldehyde. Additionally, the employer did not have a training program for using formaldehyde, failed to develop a respiratory protection program, or provide chemical protective clothing and equipment, failed to have an action plan and emergency procedures, blocked exit routes, did not have a change room, and exposed employees to chemicals without a medical surveillance program.
There are also 13 alleged serious violations with a proposed penalty of $21,200, one of which resulted in an employee suffering an amputation on an unguarded sealing machine. Other violations include: unguarded floor hole, no stair or guardrails, broken stairs, missing rung and side rail on a ladder, exposure to amputation hazards, no written safety compilation for formaldehyde, no initial training on safety and health hazards, exposure to electrical shock from electrical panels, no written procedures for formaldehyde process equipment, engineering controls not implemented for overexposure to dust, and exposing employees to dust two-and-a-half to 20 times the permissible exposure limit (PEL).
The company has received two alleged other-than-serious violations and a $1,200 penalty for failing to post citations issued after a previous inspection. OSHA requires that employees must be aware of the hazards to which they may be exposed.
“Brigham Farms knows what needs to be fixed and should not wait any longer to make the necessary changes to its safety and health program,” said Gei-Thae Breezley, director of OSHA’s Atlanta-East Area Office.
More than $47,000 in Fines Proposed for Process Safety Management Hazards at Boston Seafood Company
OSHA has cited Stavis Seafoods Inc., for 15 alleged serious violations of safety and health standards at its Channel Street distribution and processing facility in Boston. The seafood company faces a total of $47,250 in proposed fines, primarily for deficiencies in its process safety management (PSM) program.
PSM encompasses a detailed set of requirements and procedures employers must follow to proactively assess and address hazards associated with processes and equipment that use large amounts of hazardous chemicals, in this case, anhydrous ammonia in the facility’s refrigeration system.
“The requirements of OSHA’s PSM standard are stringent and comprehensive because a leak could have a severe or catastrophic effect on employees,” said Brenda Gordon, OSHA’s area director for Boston and southeastern Massachusetts. “That’s why it is imperative for employers to rigorously, completely and continuously scrutinize, update and properly maintain each element of the process to minimize hazards and protect workers’ safety and health.”
OSHA’s inspection found the initial evaluation of hazards associated with the refrigeration system had not been conducted; standard operating procedures had not been developed for all system activities or were incomplete; the system’s computer control procedures had not been annually certified as current and accurate; there were no written procedures covering process changes or to maintain the ongoing mechanical integrity of its equipment; process safety information had not been updated to reflect changes; and the PSM program was not audited every three years.
In addition, the employee maintaining the refrigeration system had not received annual emergency response training and respirator fit testing; the facility lacked a written respiratory protection program and complete hazardous energy control procedures for all machines; and the maintenance shop lacked an adequate emergency eye wash.
Report on Fatal Reactive Chemical Accident at T2 Laboratories
The U.S. Chemical Safety Board (CSB) has announced a public meeting on Tuesday, September 15, 2009, in Jacksonville, Florida, at which CSB investigators will present their final report on the causes of the fatal December 2007 explosion at T2 Laboratories Inc., a chemical manufacturer.
The meeting will begin at 6:00 p.m. at the Marriott Hotel, 4670 Salisbury Road in Jacksonville. The meeting is open to the public. Members of the public, emergency responders, and others who were affected by the explosion are encouraged to attend. There will be a public comment period prior to the Board’s consideration of the final report. The meeting is expected to conclude by approximately 8:00 p.m.
On December 19, 2007, four people were killed and 33 others were injured when an explosion occurred at T2 Laboratories during the production of a gasoline additive. The explosion—the result of a runaway chemical reaction—destroyed the facility and caused extensive damage to nearby businesses.
CSB investigators will present the results of their investigation at the meeting. The presentation will include a 3-D computer animation depicting the events that led to the tragedy.
The CSB is an independent federal agency charged with investigating industrial chemical accidents. The agency’s board members are appointed by the president and confirmed by the Senate. CSB investigations look into all aspects of chemical accidents, including physical causes such as equipment failure as well as inadequacies in regulations, industry standards, and safety management systems.
The Board does not issue citations or fines but does make safety recommendations to companies, industry organizations, labor groups, and regulatory agencies such as OSHA and EPA.
For more information, contact the CSB’s Public Affairs Specialist, Hillary J. Cohen, at 202-261-3601.