On August 28, 2008, an over-pressurized waste tank containing Methomyl exploded at a Bayer CropScience facility in Institute, West Virginia, sending a fireball hundreds of feet into the air. One Bayer employee was killed instantly, and another suffered third-degree burns and died over one month later. Eight other individuals, including six emergency responders and two contract employees, reported symptoms of chemical exposure as a result of the explosion.
The U.S. House of Representatives Committee on Energy and Commerce initiated an investigation because the explosion came dangerously close to compromising another nearby tank filled with several tons of methyl isocyanate (MIC), an extremely toxic chemical that killed approximately 4,000 people after a leak in Bhopal, India, in 1984. Twenty-five years later, Bayer’s facility in West Virginia is the only site in the United States that continues to produce and store large amounts of MIC.
Had this projectile struck the MIC tank, the consequences could have eclipsed the 1984 disaster in India.
On the night of the explosion, Bayer failed to provide emergency responders with critical information about the scope of the explosion, the potential chemical hazards involved, or the actions needed to safeguard the surrounding community.
The Committee obtained transcripts of radio communications among fire, police, and emergency medical personnel that show extreme frustration with the lack of information from Bayer. First responders repeatedly complained that, “we can’t get through to the Plant,” “we still don’t have contact with the Plant,” “they’re not giving us anything,” and “we have no contact with anybody from the plant.”
Whenever accidents are reported in the Safety Tip of the Week™, our intent is not to single out individual companies, but to help prevent future accidents by identifying lessons that can be learned from the incidents we report on. Some questions that you can consider to help prevent accidents at your facility are: What are the potentially hazardous processes at our facility? What are the risk points? What are we doing to control the risks? Are we subject to OSHA process safety, EPA risk management, and community right-to-know regulations? Are we prepared to respond to incidents that can occur? How will communicate accidents to government agencies and the public?
Draft National Healthcare and Social Assistance Agenda
NORA is a partnership effort to define and conduct high priority research in occupational safety and health. Sector-based partnerships use research results to encourage changes in workplaces that will be effective in reducing worker injuries, illnesses, and deaths. NIOSH serves as a facilitator of the NORA process.
Social assistance includes establishments that provide nonresidential individual and family services for youth, elderly and persons with disabilities; community food, housing and emergency relief services; vocational rehabilitation services; and child day care services.
An estimated 16.6 million people, about 11% of the U.S. workforce, are employed within the HCSA sector. About 80% of the workers are in health care industries and 20% in social assistance industries. Growth of the HCSA sector through 2014 is projected to be more than any other industrial sector. In 2005, there were 668,000 episodes of nonfatal occupational illness and injury in the sector, equivalent to one episode occurring every 47 seconds of that year. Compared to other industrial sectors, the HCSA sector had the second largest number of such injuries and illnesses. The Sector Council has developed five goals designed to address top safety and health concerns and to promote the greatest opportunities to advance protection to caregivers and at the same time ensure patient safety.
The Council seeks comments on the draft strategic goals, the intermediate goals, and the activities and outputs needed to achieve those goals. The Council is particularly interested in hearing from organizations and individuals who would be willing to commit to advancing one or more of these goals through partnerships. In addition, the Council is seeking comments from those who can offer insights into the impact of these goals and activities on the well-being of the HCSA sector workforce. Finally, the Council is looking for new ideas and solutions to sector-wide hazards such as materials handling; slips, trips and falls; and vehicle-related incidents.
NIOSH Activities on Standards and Test Procedures for Respiratory Protective Devices
The National Institute for Occupational Safety and Health (NIOSH) is working to develop appropriate standards and test procedures for respiratory protective devices (RPD) used to protect workers in hazardous environments. NIOSH has initiated a program to update or create portions of Title 42 of the Code of Federal Regulations in Part 84 (42 CFR 84) to promote improved performance and reliability of air-fed ensembles (AFE).
Comments on this concept paper will be accepted through October 19, 2009. Reference Docket Number 148A for all submissions related to this topic. Interested persons or organizations are invited to participate in this process by submitting written views, arguments, recommendations, and scientific data. Comments are invited on any topic related to this concept paper.
A NIOSH public meeting, held on December 2, 2008, discussed the development plan for the creation of a subpart to 42 CFR Part 84 to address air-fed ensemble performance requirements. Stakeholder feedback accumulated as a result of public meetings will be considered in the conceptual development of performance requirements and test methods. NIOSH has strategically determined that adoption of all future respirator standards will be accomplished in a modular fashion using the informal rulemaking process resulting in a revised 42 CFR Part 84; thus, the new AFE performance standard will be adopted using this process.
$142,000 Fine for Trenching Violations
The OSHA Englewood Area Office in Colorado has cited two Denver-based companies, Brannan Construction Co. and Fiore & Sons Inc., with penalties of $75,000 and $67,000 respectively, for violations of the Occupational Safety and Health Act related to unsafe working conditions in trenches.
OSHA’s investigation disclosed one alleged willful violation and one alleged serious violation at Brannan Construction following an inspection at a worksite in Centennial, Colorado. The investigation of Fiore & Sons also found one alleged willful violation and one alleged serious violation related to an unsafe trench at a Parker, Colorado, worksite.
“Different companies. Different worksites. Similar issues. Trench work can be extremely dangerous,” said Greg Baxter, OSHA’s regional administrator in Denver. “Companies need to take the necessary steps to address hazards ahead of time and to educate employees on safe trench operations.”
For both companies, the alleged willful violations stem from a lack of protective systems required for trench operations. OSHA issues a willful citation when an employer exhibits plain indifference to or intentional disregard for employee safety and health.
The alleged serious violation against Brannan Construction relates to work materials being too close to the edge of the trench. For Fiore & Sons, the alleged serious violation relates to the company failing to conduct a proper trench inspection. OSHA issues a serious citation when death or serious physical harm is likely to result from a hazard about which an employer knew or should have known.
$72,000 Fine for Fall Hazards at New York City Jobsite
OSHA has proposed $72,000 in fines against Sorbara Construction, a Lynnbrook, New York, concrete contractor, for alleged repeat and serious violations of safety standards after a worker fell at a New York City worksite.
On March 20, a worker fell 10 feet from the 34th to the 33rd floor of a building under construction after dislodging the unsecured cover of a floor hole. OSHA’s inspection identified several fall-related hazards including inadequate fall protection, unsecured and unmarked floor hole covers, a personal fall arrest system rigged so a worker could fall more than six feet, and failure to retrain workers to ensure they recognize such hazards. OSHA also found an ungrounded power tool, uncovered electrical outlet, and discharged fire extinguishers.
“While it’s fortunate that this worker was not killed, falls remain the number one killer in construction work,” said Kay Gee, OSHA’s acting area director in Manhattan. “One wrong step can end a worker’s career or life. We want to emphasize to all contractors the importance of supplying effective fall protection safeguards and training to their workers.”
OSHA has issued Sorbara Construction three repeat citations, with $62,500 in proposed fines, for the lack of fall protection and training and the ungrounded power tool, as the contractor had been cited by OSHA in November 2008 for similar hazards at another worksite.
Sorbara Construction also has been issued four serious citations, with $9,500 in fines, for the remaining hazards.
$43,000 Fine for Lockout/Tagout Violations
Widespread machine guarding and lockout/tagout hazards at Marlin Firearms Co., a manufacturer of small firearms in North Haven, Connecticut, has resulted in $42,850 in proposed OSHA fines. The company has been cited for a total of 24 alleged serious and other-than-serious violations of workplace safety standards following a comprehensive OSHA inspection that began March 3.
OSHA’s inspection identified dozens of instances throughout the plant where workers were exposed to possible lacerations, amputation, and crushing injuries from unguarded moving parts of mechanical power presses and other machinery as well as a lack of specific procedures to prevent the accidental startup of numerous machines during set-up, maintenance, and repair. The inspection also found electrical, fall, and compressed air hazards as well as improperly recorded injuries and illnesses.
“Workers can lose their fingers, limbs or lives in a few seconds if a machine starts up unexpectedly or its moving parts are not guarded against contact,” said Robert Kowalski, OSHA’s area director in Bridgeport, Connecticut. “There is no reason for those injuries to occur if the employer ensures the proper safeguards are effectively and continuously in place and in use.”
OSHA has issued the company 20 serious citations, with $41,850 in fines for the safety hazards, and four other-than-serious citations, with a $1,000 fine for a recordkeeping violation.
Denso Manufacturing Athens Tennessee, Inc., Receives Volunteer Star Safety Award
Tennessee Department of Labor & Workforce Development Commissioner James Neeley announced that DENSO Manufacturing Athens Tennessee, Inc., has been chosen to receive the Volunteer STAR (Safety Through Accountability and Recognition) award.
“DENSO Manufacturing has met the evaluation standards required to receive this award by proving their ability to uphold an excellent safety record,” said Bob Henningsen, Deputy Commissioner of the Tennessee Department of Labor & Workforce Development, who presented the Volunteer STAR award to the company at the company’s facility in Athens, Tennessee. “It is evident that DENSO Manufacturing is extremely dedicated to maintaining a safe and healthy workplace.”
The Volunteer STAR award is Tennessee’s highest honor for workplace safety and health and a nationally recognized program. The Volunteer STAR is patterned after the OSHA Voluntary Protection Program (VPP) and recognizes the best of the best in the area of safety and health programming and performance.
DENSO Manufacturing Athens Tennessee, Inc., has approximately 800 employees. The facility manufacturers and sells oxygen sensors, spark plugs, ignition coils, monolithic carriers, fuel injectors, and fuel rails for the automotive industry. This is the site’s second time to receive the Volunteer STAR award.
For the three-year period 2006-2008, the site’s safety record is as follows:
- Three-year Total Case Incidence Rate (TCIR) is 1.68 which is 71% below the current Bureau of Labor Statistics (BLS) industry average
- Three-year Days Away from Work and Restricted Activity and/or Transfer Incidence Rate (DART) rate is 1.01 which is 63% below the current BLS industry averages
A certificate of recognition is awarded to the STAR recipient, as is a flag that can be flown at the site. The company is also permitted to use the Volunteer STAR logo on its correspondence and company documents.
The standard for participation in the STAR program is the confirmation of a company’s safety and health program, which helps reduce accidents and injuries. The program also allows employers to be removed from programmed compliance inspection lists for a period of three years. There are currently 31 Volunteer STAR sites in Tennessee.
For more information on the Volunteer STAR award program and other TOSHA award programs contact TOSHA’s Consultative Services office at 800-325-9901.
National Personal Protective Technology Laboratory Meeting on Respirators
The National Personal Protective Technology Laboratory, Policy and Standards Development Branch, is holding a public meeting at the Hyatt Regency at the Pittsburgh International Airport on September 17, 2009.
Topics to be discussed at the meeting are respirator standards development projects for:
The presentation materials will be available on the NPPTL website prior to the meeting. Copies of these materials will not be provided at the meeting.
On the day of the meeting, registration will begin at 7:45 AM with the meeting starting at 8:30 AM. Interested parties should make hotel reservations directly with the hotel by calling 800-233-1234 before the room cut-off date of September 2, 2009. You must reference the NIOSH room block to receive the special group rate of $114 per night.
This meeting is also available via Live Meeting Conferencing. This service provides remote access capability for participants to listen in and view the presentations over the internet simultaneously. Remote participants will have the opportunity to ask questions during the open comment period. To register for Live Meeting Conferencing participation, please contact Charlene Jennings at 412-386-6736. This option will be available on a first-come, first-serve basis and is limited to 50 participants.
FDA Moves Forward on Implementation of Tobacco Law
The U.S. Food and Drug Administration (FDA) has announced an action in their efforts to move forward regarding the implementation of the Family Smoking Prevention and Tobacco Control Act. The FDA has officially established the Tobacco Products Scientific Advisory Committee (TPSAC).
The TPSAC is tasked with providing advice, information, and recommendations to the Commissioner of Food and Drugs on health and other issues relating to tobacco products. The committee will be asked to consider a variety of topics including:
- Identifying the effects of the alteration of the nicotine yields from tobacco products;
- Reporting on the impact of the use of menthol in cigarettes on the public health; and
- Advising on an application for modified risk (use of descriptors such as “light”) tobacco product.
The TPSAC will consist of 12 members, including the Chair to be selected by the Commissioner of Food and Drugs, from among experts knowledgeable in the fields of medicine, medical ethics, science, or technology involving the manufacture, evaluation, or use of tobacco products. There will be nine voting and three non-voting members. Of the nine voting members, seven will be health care professionals practicing in the area of oncology, pulmonology, cardiology, toxicology, pharmacology, addiction, or any other relevant specialty. One member will be an officer or employee of a state or local government or the federal government, and the final member will be a representative of the general public.
The three non-voting members will be identified with industry interests. These members will include one representative of the tobacco manufacturing industry, one representative of the tobacco growers, and one representative of the small business manufacturing industry.
Three related Federal Register documents are expected to be published soon with one announcing the establishment of the new advisory committee, one requesting nominations for voting members to serve on the committee, and one requesting nominations for non-voting members.
