U.S. Transportation Secretary Ray LaHood commended Governor Christine Gregoire for signing a law that makes Washington the 21st state to enact a ban prohibiting drivers from talking or texting on a cell-phone without a hands-free device. This new law allows law enforcement officials to pull over and ticket drivers caught committing this offense in Washington.
“We’re excited that Washington has joined us in our fight against distracted driving,” said Secretary LaHood. “Texting while driving and talking on cell phones is a recipe for disaster on our nation’s highways.”
According to research by the National Highway Traffic Administration (NHTSA), nearly 6,000 people died in 2008 in crashes involving a distracted or inattentive driver, and more than half a million were injured.
In 2009, more than 200 distracted driving bills were considered by state legislatures and legislative activity is expected to remain strong in 2010.
On February 22, Secretary LaHood unveiled sample legislation developed by NHTSA to be used as a starting point for crafting new state laws to prohibit texting while behind-the-wheel.
The sample state law is patterned on the Executive Order issued by President Obama on October 1, 2009, directing federal employees not to engage in text messaging while driving government-owned vehicles or with government-owned equipment. Federal employees were required to comply with the ban starting on December 30, 2009.
Secretary LaHood announced the department’s plan to pursue regulatory action to prohibit texting by drivers of commercial vehicles such as large trucks and busses at the Distracted Driving Summit he convened in September 2009.
Household Pesticide Labels Lack Details on Safe Use
Label directions for using some household pesticides are written in a way that may leave consumers with the impression that “if a little is good, more is better,” according to a study presented here today at the 239th National Meeting of the American Chemical Society (ACS). As a result, consumers may use excessive amounts of pesticides that could subject family members and pets to increased exposures.
In the study, Linda M. Hall, Ph.D., and colleagues found that minimum and maximum doses are clearly listed on labels for agricultural pesticides. Labels for a household pesticide such as para-dichlorobenzene mention the minimum amount for consumers to use, but don’t indicate the maximum amount to be used. Para-dichlorobenzene (pDCB) is the active ingredient in mothballs and other products used to protect silk, wool, and other natural fibers against moths and beetles; caged birds against lice and mites; and for mildew prevention. Hall is with the California EPA.
“Recently several national studies have shown that minority groups including African-Americans and Hispanics are likely to have elevated blood levels of a variety of indoor air pollutants,” Hall said. “Very important among these indoor air pollutants is pDCB, the moth ball ingredient. All uses of pDCB in California are residential. Therefore, it is important that labels clearly define conditions for safe use by untrained residential consumers.”
Their review of pDCB labels found that manufacturers specify a minimum rate of application (such as ounces or pounds per cubic foot of storage space) and a minimum treatment time, but no information on the maximum amount for safe use. “While this label sets conditions to protect against the pest insects, it allows consumers to follow the old adage, ‘if a little is good, more is better!’ Thus, there is no limit on the amount that may be used per cubic foot of storage space. This might account, in part, for the high levels of pDCB seen among some consumers.”
Likewise, the study found that labels on moth control products specify a minimum treatment time, typically advising that clothing be treated in a closed container for 7 days. However, labels do not specify a minimum airing procedure to dissipate the pesticide that has seeped into the fabric.
“Thus, the consumer, following label instructions, might take clothing saturated with pDCB fumes directly from storage and wear it immediately,” Hall said. “Because no airing conditions are specified, consumers who find the pDCB odor unpleasant and do air clothing, might air it indoors, further contributing to human exposure to this substance.”
Hall said the public should be aware of the limitations of current label instructions in order to use pDCB products in ways that minimize exposures.
OSHA Notifies Evansville, Airport of Workplace Safety Violations
OSHA has notified officials at the Evansville Regional Airport in Evansville, Indiana, that a recent inspection has found four serious and four repeat safety and health violations in its Air Traffic Control Tower.
OSHA began its safety and health inspection in August 2009 as a planned inspection under the federal safety agency’s Airport Air Traffic Control Tower Monitoring Program. Serious violations found include failing to post a diagram of emergency egress routes, conduct annual fire drills and properly identify doors as “Not an Exit,” as well as an improperly grounded electrical outlet. A serious violation is one in which there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.
Repeat violations include failing to test the stair pressurization system, unobstructed exit routes, and inadequate or missing emergency action plans and fire prevention plans. A repeat violation is issued when an employer has had a substantially similar violation of any standard, regulation, rule or order at any of its facilities in the past.
“Workers in air traffic control towers should be assured they can escape quickly and efficiently if disaster strikes,” said OSHA Area Director Ken Gilbert in Indianapolis, Indiana. “All of us want to see working men and women go home safe at the end of every work shift.”
Gilbert noted that if this employer were in the private sector, based on the violations found, total penalties assessed would amount to $125,000. Under the law, federal agencies are cited without penalties.
Public air traffic control towers are operated under the control of the U.S. DOT’s Federal Aviation Administration (FAA). Since October 2007, OSHA has inspected 57 FAA tower sites nationwide, with 45 of those inspections resulting in notices issued. Those notices have included 128 violations, more than three-fourths of which were categorized as serious.
OSHA Cites FWT Inc. for Alleged Willful and Serious Violations
OSHA has cited FWT Inc., with alleged willful and serious violations of federal safety and health regulations following an inspection at the company facility on East Interstate 20 in Fort Worth, Texas. Proposed penalties total $293,400.
“OSHA’s standards must be followed to provide a safe and healthful workplace for employees,” said Zachary Barnett, OSHA’s area director in Fort Worth. “FWT has not followed OSHA standards, putting its workers’ safety in jeopardy.”
The investigation, which began September 30, 2009, has resulted in three willful and 38 serious violations of OSHA standards. The willful violations are for failing to conduct noise monitoring for employees who were exposed to noise levels at or above a time-weighted average of 120 dBA, to identify and evaluate respiratory hazards associated with methylene diphenyl diisocyanate and to provide a carbon monoxide monitor for employees utilizing compressed air from an oil lubricated compressor as breathing air during blasting operations. A willful citation is characterized by an employer’s intentional disregard of the standards or plain indifference to employee safety and health.
Serious violations include failing to institute a hearing conservation program for employees exposed to noise levels above the action level, to provide and enforce the use of personal protective equipment, to provide a respiratory protection program and proper respirator for employees utilizing respirators to work with hazardous chemicals and to conduct air monitoring for employees exposed to methylene chloride.
OSHA Fines Werner Construction Inc. Following Worker Death
OSHA has cited Werner Construction Inc., in Norfolk, Nebraska, following the investigation of a worker killed when caught in a roadway belt paving machine’s screw conveyors.
“This worker should not have been allowed to work in front of the paving machine while it was in operation and moving,” said Charles Adkins, OSHA’s regional administrator in Kansas City, Missouri. “It is imperative that employers take the necessary steps to eliminate hazards and provide a safe working environment for their employees to prevent this needless loss of life from occurring.”
OSHA’s investigation found three alleged willful and one alleged serious violations of the Occupational Safety and Health Act. The willful violations stem from the company’s failure to instruct equipment operators in the safe operation of the belt paving machine; unguarded screw conveyors; and screw conveyors unlocked during maintenance.
The serious violation stems from the lack of employee instruction in recognition and avoidance of hazards associated with the belt paving machine.
OSHA has proposed $202,000 in penalties against the company. Werner Construction Inc., has 15 business days from receipt of the citations to comply, request an informal conference with OSHA’s area director in Omaha, Nebraska, or contest the findings before the independent Occupational Safety and Health Review Commission.
OSHA Cites Gulf Chemical & Metallurgical Corp.
OSHA has cited Gulf Chemical & Metallurgical Corp., in Freeport, Texas, for exposing workers to hazardous airborne contaminants at the company’s worksite located on Midway Road. Proposed penalties total $50,400.
“This employer exposed its workers to unhealthful working conditions,” said Dean McDaniel, OSHA’s regional administrator in Dallas, Texas. “If the company had followed OSHA’s standards, it is possible employees would not have been exposed to airborne levels of air contaminants.”
OSHA’s Houston South Area Office began its inspection on October 26, 2009, and found 16 alleged serious violations of workplace safety and health standards that include failing to adequately protect workers from exposure to hazardous air contaminants, train employees on the hazards associated with chemicals in the workplace, provide training with limitations in the use of respirators, properly locate and inspect portable fire extinguishers, provide training in the use of attachments on forklifts, and adequately protect employees from electrical hazards.
OSHA Cites Contractor for Fall Hazards
OSHA has cited JLC Stucco Co., for alleged workplace safety hazards involving falls at a Somerset, New Jersey, worksite. Proposed penalties total $49,600.
“Employees were exposed to a potentially fatal fall hazard of more than 13 feet from scaffolds while applying a final coat of stucco to a building,” said Patricia Jones, director of the OSHA office in Avenel, New Jersey. “The company can effectively address these and any future hazards by implementing a comprehensive safety and health management system.”
OSHA initiated its inspection on November 16, 2009, as part of a local emphasis program focused on fall hazards in the construction industry. As a result of the inspection, the company has been issued citations for three willful violations, with a penalty of $42,000; one repeat violation, with a penalty of $5,600; and two serious violations, with a penalty of $2,000.
The willful violations are for failure to adequately plank the scaffold platform; provide workers with a ladder for safe access to scaffold platforms; and provide workers with fall protection. The serious violations reflect the company’s failure to have a competent person inspect the scaffold and train workers to recognize hazards associated with a scaffold. The repeat violation is for the company’s use of a scaffold that was missing cross bracing.
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