“Hoverboards are among the top gifts of the 2015 holiday season and DOT is working to ensure that hoverboards containing lithium batteries are safely transported,” said U.S. Transportation Secretary Anthony Foxx.
Hoverboards are battery-powered vehicles typically used for recreational purposes, marketed under a variety of different names including balance boards, gravity boards or self-balancing devices, and are powered by lithium batteries. Lithium batteries are a powerful, lightweight, and rechargeable source of energy that is generally safe when manufactured and handled properly. When manufacturers or shippers ignore certain precautions, however, the batteries can spontaneously generate increasingly intense heat and catch fire or explode.
PHMSA’s investigation of the intercepted cargo containers determined that more than 80% of the shippers were unable to produce the valid test reports to prove that the lithium batteries have been properly manufactured and packaged to maintain integrity during transport.
“It’s critical that lithium batteries are packaged and transported according to the correct specifications because, under certain conditions, they can generate heat, catch on fire and explode during transportation,” said PHMSA Administrator Marie Therese Dominguez. “PHMSA is conducting a complete and through investigation to ensure that hoverboards containing lithium batteries are transported in accordance with Federal hazardous materials regulations.”
Generally, cargo shipments of hoverboards containing lithium batteries should be identified on shipping papers, tested and prepared for shipment as required based on the mode of transportation. Failure to comply with these requirements can carry large civil penalties and potential criminal liability.
Separate from shipping matters, you should also be aware of safety considerations when operating or traveling with these devices. The Consumer Products Safety Commission (CPSC) issued guidance recommending that you should not charge hoverboards overnight or while unattended. They also recommend consumers look for a certification label from a national safety-testing laboratory (such as UL) on the product before purchase. In addition to the recommendations issued by the CPSC, DOT advises passengers who wish to travel with hoverboards to check the airline website before travelling because many airlines have banned these items in both carry-on and checked baggage.
New Exclusions for Solvent Recycling and Hazardous Secondary Materials
EPA’s new final rule on the definition of solid waste creates new opportunities for waste recycling outside the scope of the full hazardous waste regulations. This rule, which went into effect on July 13, 2015, streamlines the regulatory burden for wastes that are legitimately recycled.
The first of the two exclusions is an exclusion from the definition of solid waste for high-value solvents transferred from one manufacturer to another for the purpose of extending the useful life of the original solvent by keeping the materials in commerce to reproduce a commercial grade of the original solvent product.
The second, and more wide reaching of the two exclusions, is a revision of the existing hazardous secondary material recycling exclusion. This exclusion allows you to recycle, or send off-site for recycling, virtually any hazardous secondary material. Provided you meet the terms of the exclusion, the material will no longer be hazardous waste.
Learn how to take advantage of these exclusions at Environmental Resource Center’s live webcast where you will learn:
- Which of your materials qualify under the new exclusions
- What qualifies as a hazardous secondary material
- Which solvents can be remanufactured, and which cannot
- What is a tolling agreement
- What is legitimate recycling
- Generator storage requirements
- What documentation you must maintain
- Requirements for off-site shipments
- Training and emergency planning requirements
- If it is acceptable for the recycler to be outside the US
Cary RCRA, DOT, and SARA Training
Columbia RCRA and DOT Training
Indianapolis RCRA, DOT, and IATA/IMO Training
How to Implement OSHA’s Globally Harmonized Hazard Communication Standard (GHS)
OSHA has issued a final rule revising its Hazard Communication Standard, aligning it with the United Nations’ globally harmonized system (GHS) for the classification and labeling of hazardous chemicals. This means that virtually every product label, safety data sheet (formerly called “material safety data sheet” or MSDS), and written hazard communication plan must be revised to meet the new standard. Worker training must be updated so that workers can recognize and understand the symbols and pictograms on the new labels as well as the new hazard statements and precautions on safety data sheets.
OSHA Advises Vigilance During Storm Cleanup
Alabama residents—emergency workers, employers, and the public—recovering from the impact of severe weather should be aware of the hazards they may encounter and take necessary steps to stay safe, OSHA urges.
"Recovery work should not put you in the hospital emergency room," said Kurt Petermeyer, OSHA's regional administrator in Atlanta. "A range of safety and health hazards exist following storms. You may minimize these dangers with knowledge, safe work practices and personal protective equipment. OSHA wants to make certain that all working men and women, including volunteers, return home at the end of the workday."
In addition, areas affected by flooding have unique cleanup challenges, including dam and levee repair, removal of floodwater from structures, and repairing downed electrical wires in standing water. Workers and residents taking defensive action to protect structures or evacuate severely impacted areas may encounter hazards, such as rapidly rising streams and moving water.
Only workers provided with the proper training, equipment and experience should conduct cleanup activities.
Protective measures should include the following:
- Evaluating the work area for hazards
- Employing engineering or work practice controls to mitigate hazards
- Assuming all power lines are live
- Using portable generators, saws, ladders, vehicles, and other equipment properly
- Heeding safety precautions for traffic work zones
St. Louis Cold Drawn Inc. Fined $336,300 for Exposing Workers with Limited English Skills to Hazards
During the investigation, one worker alleged that management fired him after he spoke to OSHA officials, and another said the company terminated him for alerting management to safety hazards. The agency has opened a whistleblower investigation.
“Any hazards at the company are inexcusable, especially following OSHA’s intervention after a worker died by electrocution in 2013,” said Bill McDonald, OSHA’s area director in St. Louis. “St. Louis Cold Drawn continues to exploit its non-English-proficient workforce by exposing them to unsafe working conditions. The company needs to make fundamental workplace changes to comply with the law and protect employees.”
OSHA’s investigation also found that in September 2013, a non-English-speaking production line operator suffered the amputation of his finger because the machine lacked adequate guarding. In 2014, another worker experienced severe lacerations when he touched moving machine parts.
Agency inspectors found numerous violations, including the following:
- Workers exposed to machines operating during service and maintenance
- Blocked exits
- Unsanitary conditions
St. Louis Cold Drawn employs approximately 90 workers and has a second facility in Mexico.
OSHA, FAA Sign Agreement to Protect Airline Workers from Retaliation
The act prohibits air carriers and air carrier contractors and subcontractors from firing or retaliating against airline workers who complain about violations of aviation regulations.
“Airline industry employees have a right to speak out about unsafe workplaces and practices without fear of losing their jobs,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “Through this agreement with the FAA, we are reinforcing the message that silencing workers who try to do the right thing is unacceptable for workers and also unsafe for the public.”
OSHA and FAA each play a specialized role in protecting the safety of airline workers. OSHA investigates employee complaints of retaliation by air carriers, contractors, and subcontractors and can order a violator to stop the retaliation, reinstate the complainant to his or her former position and pay damages including back pay and attorney fees. FAA is responsible for investigating complaints related to air carrier safety, enforcing air safety regulations and issuing sanctions to airmen and air carriers for violating these regulations.
“This updated agreement between the FAA and OSHA demonstrates our renewed commitment to an important program, which is designed to protect aviation industry employees against retaliation by their employers for reporting safety violations," said FAA Administrator Michael Huerta.
Under the MOU, FAA will refer employees who complain of retaliation to OSHA, and OSHA will provide FAA with copies of complaints, findings and preliminary orders filed under the AIR21 whistleblower provision. The agencies will provide each other with a summary of all complaints received at least once per quarter. Additionally, OSHA and FAA will develop training to assist FAA enforcement staff in recognizing retaliation complaints and OSHA enforcement staff in recognizing potential violations of airline safety regulations revealed during investigations.
Cal/OSHA Cites Northridge Hospital for Exposing Employees to Serious Injuries, Including Sharps Violations
Cal/OSHA has cited Dignity Health, operator of Northridge Hospital Medical Center, for safety and health violations that exposed the hospital’s 1,700 employees to hazards. These include failure to record information in 18 cases where hospital workers were stuck with needles, and failure to provide closeable containers in emergency rooms that would keep biohazard waste from spilling out.
“California’s health and safety requirements are some of the strongest in the nation, and they’re meant to prevent hospital workers from becoming hospital patients,” said Cal/OSHA Chief Juliann Sum.
Cal/OSHA’s Van Nuys office opened an investigation in June after receiving a complaint. Investigators aided by Cal/OSHA’s medical unit found 13 health code violations.
A serious violation is cited when there is a realistic possibility that death or serious harm could result from the actual hazardous condition. In this case, the serious violations included:
- Failure to gather information required by the Sharps injury log, such as type and brand of needles involved in the 18 injury cases. The employer had no procedure in place to review the log, or to solicit required input from employees about factors contributing to contaminated needle injuries. Well-kept injury logs, and their regular review, help to identify the causes of injuries and prevent future occurrences.
- Failure to provide containers that would prevent spillage or protrusion of contaminated needles in emergency treatment and trauma rooms. Additionally, the employer did not provide readily accessible hand washing facilities for emergency room employees.
- Failure to provide appropriate sizes of gloves for employees using the medication cart in the trauma room and the after-hours intake area.
Cal/OSHA also issued eight general and regulatory violations because Dignity Health kept broken gurneys in the working area, skipped essential elements of training employees in safe patient handling, and failed to take corrective action after accidents occurred. Fines for all violations total $44,125.
Administrative Court Allows Enterprise-Wide Hazard Abatement Case to Proceed to Trial
An Administrative Law judge has decided that the Occupational Safety and Health Review Commission may have authority under the Occupational Safety and Health Act to order abatement measures sought by OSHA beyond the specific violations OSHA identified in its the citations.
A total of $330,800 in fines was proposed. Central Transport filed a notice of contest with the independent Occupational Safety and Health Review Commission in December of that year and litigation commenced.
Central Transport then filed a motion asking the commission to strike the department's claim for enterprise-wide abatement, arguing that the Occupational Safety and Health Act does not permit it.
Administrative Law Judge Carol A. Baumerich denied Central Transport's motion, holding that the Occupational Safety and Health Act's provision authorizing the remedy of "other appropriate relief" provides the basis for allowing the department's claim for enterprise-wide abatement, at all locations where like violations exist, to proceed to trial. Judge Baumerich also denied Central Transport's request for a discovery and litigation stay of the claim for enterprise-wide abatement, finding that such a stay would jeopardize the litigation of the department's claim for enterprise-wide abatement.
"Judge Baumerich's order is significant and precedent-setting. This is the first decision by an OSHA Administrative Law Judge expressly finding that the U.S. Occupational Safety and Health Review Commission may have the authority under the OSH Act to order abatement measures beyond the specific violations identified in the citations. The department is now authorized to proceed with discovery and to demonstrate, by presenting its evidence at trial, that enterprise-wide abatement is merited on the facts of this case," said Michael Felsen, the regional solicitor of labor for New England.
"When an employer has hazards occurring at multiple locations, common sense and reasonable worker protection law enforcement both dictate that the employer take corrective action to safeguard the health and well-being of employees at all its worksites," said Kim Stille, OSHA's regional administrator for New England.
The original inspection was conducted by OSHA's Andover Area Office. The case is being litigated for OSHA by attorney Scott Miller of the regional Office of the Solicitor in Boston.
Central Transport, LLC, is a privately owned, full-service, asset-based transportation provider offering supply chain solutions across North America. The company provides regional; inter-regional and long-haul, less-than-truckload services; cross-docking; consolidation and pool distribution services, as well as customized value-added services. Based in Warren, Michigan, Central Transport operates nearly 200 customer service centers and facilities in 45 states and Canadian provinces.
Independent Electrical Contractors and OSHA Protect Workers from Electrical Hazards
Through the alliance, participants will also promote awareness of OSHA campaigns on preventing falls and heat illness, as well as promote a culture of safety through outreach, particularly to small businesses and workers with limited- and non-English speaking skills.
“For more than a decade, OSHA and IEP have had a productive partnership developing resources to protect thousands of workers in the electrical industry,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “Our continued alliance will help ensure that employers and workers in this industry receive information and training that are essential to keeping their workplaces safe and healthful.”
IEC is a national trade association for electrical and systems contractors. Founded in 1957, the association has 56 chapters nationwide that provide management, safety, and worker developmental training each year to more than 3,000 contracting businesses, comprising more than 100,000 employees and electrician apprentices.
The purpose of each alliance is to develop compliance assistance tools and resources and to educate workers and employers about their rights and responsibilities. Alliance Program participants do not receive exemptions from OSHA inspections or any other enforcement benefits.
Verso Paper Corp. Quinnesec Mill Receives Michigan's Most Prestigious Worker Safety and Health Award
Verso Paper Corp.’s Quinnesec Mill, a producer of printing and specialty papers and pulp, was recently awarded the Michigan Voluntary Protection Program (MVPP) Star award from the Michigan Occupational Safety and Health Administration (MIOSHA) for the fifth time. The MIOSHA program is part of the Michigan Department of Licensing and Regulatory Affairs (LARA).
The MVPP is the state’s highest recognition for workplace safety and health. The program was developed to recognize employers actively working toward achieving excellence in workplace safety and health.
“Verso’s Quinnesec Mill continues to show an elevated commitment to the continuous development and improvement of its safety and health management system,” said MIOSHA Director Martha Yoder. “MIOSHA is proud to again recognize a company for going above and beyond MOSHA standards.”
The Mill employs 430 workers and has exhibited outstanding leadership in recognizing that a comprehensive safety and health system is critical to successful businesses.
“MVPP recertification would not be possible without a commitment to safety improvement owned by everyone at the mill site,” said Quinnesec Mill Safety Leader Boyd Morstad. “New initiatives, engaged employees and a sound process that assesses progress and identifies gaps all contribute to the continuous improvement of our site’s safety.”
The MVPP assists employers and employees by providing a mechanism and a set of criteria designed to evaluate and recognize outstanding safety and health management systems. The program establishes a cooperative relationship between management, labor, and MIOSHA. MVPP participants implement safety and health management systems that provide protections beyond what is required by MIOSHA standards.
There are two levels of recognition in the MVPP. The Michigan Star program is designed for workplaces that have an exemplary safety and health management system with injury and illness incidence rates below the industry average for the last three years. The Rising Star program provides the "stepping stone" for those establishments that have the desire and potential to achieve Star status within one to three years. Rising Star participants have a good safety and health management system and have incidence rates at or below the industry average for two out of the last three years.
Mentors inform, counsel, train, and strive to achieve excellence in safety and health through the MVPP.
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