The U.S. House of Representatives approved the Conference Report on H.R. 4040 the “Consumer Product Safety Improvement Act” under suspension of the rules. House Conferees included Reps. John D. Dingell (D-MI), Joe Barton (R-TX), Bobby L. Rush (D-IL), Ed Whitfield (R-KY), Henry Waxman (D-CA), Diana DeGette (D-CO), Jan Schakowsky (D-IL), and Cliff Stearns (R-FL).
“This conference report represents the most significant overhaul of U.S. consumer product safety laws since the creation of the Consumer Product Safety Commission (CPSC),” Dingell said. “Together with our Senate colleagues, we have developed a legislative agreement that consumer advocates are hailing as ‘momentous.’ I am proud to send this bill to the President and look forward to seeing it signed into law. I commend the Chairman of the Subcommittee, Mr. Rush, for his outstanding leadership. I also praise my dear friend, the ranking member of the full Committee, Mr. Barton.”
This legislation represents the most comprehensive overhaul of U.S. consumer-product oversight in a generation and establishes policies to repair the nation’s broken product safety system. The House passed H.R. 4040 without a dissenting vote in December of last year, and the Senate followed with its amendment in March of this year.
H.R. 4040:
- Bans lead beyond a minute amount in products intended for children under 12 years of age.
- Prohibits use of dangerous phthalates in children’s toys and child care articles.
- Bans three-wheel all terrain vehicles (ATVs) and strengthens regulation of other ATVs, especially those intended for use by youth.
- Mandates premarket testing by certified laboratories of children’s products for lead and for compliance with a wide range of safety standards.
- Requires manufacturers to place distinguishing marks on products and packaging to aid in product recalls.
- Requires CPSC to provide consumers with a user-friendly database on deaths and serious injuries caused by consumer products.
- Strengthens protections against import and export of dangerous products, prohibits the sale and export of recalled products, improves public notice for recalls, and enhances tools for removing recalled products from store shelves.
- Ensures that CPSC effectively shares information with state public health agencies.
- Bans industry-sponsored travel by CPSC commissioners and staff, and authorizes a travel budget to address problems raised by the increasingly global market for consumer products.
- Restores the five-member commission, authorizes significant budget increases, and provides expedited rulemaking.
- Enhances national product safety enforcement by authorizing injunctive enforcement of federal law by State Attorneys General, preserving state common law causes of action and California’s Prop 65 warning requirements.
- Provides whistleblower protections for private-sector employees regarding alleged violations of any CPSC-enforced product safety requirements.
Cal/OSHA Cites and Fines Farm Labor Contractor in Death of 17-Year-Old Farm worker
The Department of Industrial Relations’ Division of Occupational Safety & Health (DIR/Cal/OSHA) issued six citations, three of which are serious and willful, and assessed fines of $262,700 against Merced Farm Labor Contractor, the Atwater-based employer of a 17-year-old farm worker who died of heat stroke in May. The fines are the largest assessed to an agricultural firm since the permanent heat illness prevention regulations were implemented in 2006.
An investigation of Merced Farm Labor Contractor was initiated following the death of Maria Vasquez Jimenez, who had been working nine hours in a Lodi vineyard with little water and no shade. She died two days after collapsing in the field. Among its numerous violations, company representatives failed to report the potential heat illness and death to Cal/OSHA, as required by law.
“This company willfully violated the key provisions of the heat illness prevention regulations with tragic consequences,” DIR Director John C. Duncan said. “All California employers are required to provide a safe and healthful workplace, and this company willfully failed to do so—despite knowing the requirements contained in the heat illness regulations—and continued to do so even after this terrible death.”
The three serious and willful citations issued were for failure to provide heat illness prevention training to employees and supervisors, although the company was aware of the requirement to do so, and failure to provide prompt medical attention in case of serious injuries when working in remote locations. Fines of $70,000 were assessed for each violation. In the Vasquez Jimenez case, investigators found that there were no emergency procedures in place.
In addition to the three serious, willful citations issued, two serious citations were issued for failing to provide water in a readily accessible location and not permitting access to the water at all times, and failing to provide access to a shaded area for recovery periods of no less than five minutes. Fines of $22,500 were assessed for each violation.
One general citation with three violations was also issued for failing to train new employees about the requirements of the injury and illness prevention program, and failing to include written procedures for complying with heat illness prevention requirements. Fines of $1,350 each were assessed. One regulatory citation was also issued for failure to report a potential heat illness to Cal/OSHA with an assessed fine of $5,000.
Employers may be issued serious and willful citations when evidence shows they know what regulations require, have been cited for the same violations in the past, intend to engage in conduct they know is in violation of the law, and are aware that a workplace hazard exists.
Under California law, employers are required to have a written heat illness prevention program, train all employees and supervisors about the dangers of heat illness, provide adequate and accessible shade, and enough cool, accessible water for each employee to drink at least four cups per hour.
In other actions taken against the company, on June 4, the DIR’s Division of Labor Standards Enforcement (DLSE) moved to revoke Merced Farm Labor’s license for failing to disclose that it was cited for similar Cal/OSHA violations in 2006 and for failing to follow heat illness regulations as required under its license. Two stop-work orders were also issued to the company when investigators found workers were continuing to be exposed to workplace hazards. Those stop-work orders are still in effect.
Bill Introduced to Stop Labor Department's 'Secret Rule'
The “Prohibiting the Department of Labor’s Secret Rule Act” ) will forbid the DOL from issuing, administering, or enforcing any rule, regulation, or requirement derived from the proposal submitted to the Office of Management and Budget on July 7. Chairman Miller and Sen. Edward M. Kennedy first requested information regarding the draft rule on July 10, when it was revealed that the department was working on a last-minute change to the regulatory process that may significantly inhibit the implementation of critical health and safety regulations. On July 23, Miller and Kennedy requested that the Department withdraw the rule.
“Congress will not stand for any backdoor effort by the political appointees to further cripple our nation’s ability to respond to vital health and safety concerns. This entire effort is the product of a flawed, politicized process that has failed to properly consider the views of experts or the consequences for workplace health.” Chairman George Miller said.
New Website Helps Kids Identify the Healthiest Fish to Eat
The site has been selected as the August site of the month by kids.gov, the official kids’ portal for the U.S. government.
“Our new website is a fun way for kids and parents to learn about the importance of fish in a healthy diet and how to choose the healthiest fish to eat,” said Benjamin H. Grumbles, EPA’s assistant administrator for water.
Whether they catch their own fish or buy it at a store, children and their parents can use the website to learn how to select fish that are low in contaminants. The website includes stories focusing on different methods of obtaining fish, along with interactive games, to teach children ages 8–12 how to recognize common fish species and use fish advisories.
Combustible Dust Explosion Inspection Seminar Offered in Illinois
On August 14, the Illinois Safety Council (ISC) will be offering a Combustible Dust Explosion Inspection Seminar in Naperville, Ill. The seminar offers instructions on OSHA standards relating to combustible dust and best practices to protect employees against dust explosions. The ISC has an alliance with the OSHA area offices in Illinois.
OSHA Proposes $133,000 Fine for C&S Wholesale Grocers Inc. for Repeat Violations
OSHA has proposed $133,000 in fines against C&S Wholesale Grocers Inc. for alleged repeat and serious safety violations at its Windsor Locks, Conn., warehouse. The citations and fines result from an OSHA inspection opened in January 2008 in response to a complaint.
"Unfortunately, conditions cited during the earlier inspection of this workplace have reappeared, once again exposing employees to the dangers of falls, crushing injuries, and electrocution," said C. William Freeman III, OSHA's area director in Hartford. "The sizable fines proposed in this case reflect the serious and recurring nature of these hazards and the need for the company to take effective and continuous action to prevent them."
Specifically, OSHA has issued the company three repeat citations, carrying $112,500 in proposed fines, for several instances of large metal storage racks that were unstable due to snapped, bent, or twisted cross bracing or main supports; open-sided work platforms lacking railings or equivalent protection against falls of up to 18 feet; and ungrounded energized metal dock lights. OSHA cited C&S Wholesale Grocers for these same conditions in 2004, 2005, and 2006.
The inspection also identified new hazards, including unguarded pulleys, lack of auxiliary lighting on pallet jacks, and exposed live electrical wiring. These conditions resulted in the issuance of five serious citations with $20,500 in proposed fines. A serious citation is issued when death or serious physical harm is likely to result from a hazard about which the employer knew or should have known.
OSHA Sues Company for Firing Whistleblower
The Occupational Safety and Health Administration (OSHA) has filed suit against Exclusive Decorators Inc.; Interiors Furniture, LLC; and its vice president, Garrett Ney, on behalf of an employee who was terminated in violation of the whistleblower provisions of the Occupational Safety and Health Act.
The complaint alleges that the employee was terminated after complaining to the employer about the lack of ventilation in the workplace. OSHA previously had cited the employer for ventilation violations. OSHA conducted an inspection of the worksite in response to a complaint about safety and health practices.
The former employee filed a complaint with OSHA, alleging retaliation by the defendants in violation of Section 11(c) of the OSH Act. OSHA investigated the complaint and determined it had merit. After being notified of OSHA’s findings, the defendants refused to reinstate the employee to the same or a substantially equivalent position of employment and declined to pay back wages or other employment benefits. Exclusive Decorators Inc. specializes in manufacturing and installing wood cabinets and furniture.
"Every employee should be free to exercise his or her rights under the law without fear of termination or retaliation by their employers," said Robert Kulick, OSHA’s regional administrator in New York. "The Labor Department is committed to protecting those rights."
Filed in the U.S. District Court for the District of New Jersey, the complaint seeks to reinstate the employee; secure compensatory damages, lost back pay, and punitive damages; and require the company to post a notice in a prominent place for 60 days that explains employee rights under Section 11(c) of the OSH Act.
OSHA enforces the whistleblower provisions of the OSH Act and 15 other statutes protecting employees who report violations of various trucking, airline, nuclear power, pipeline, environmental, rail, and securities laws.
OSHA Fines MJ Associates Inc. $160,000 for Multiple Violations
OSHA has cited MJ Associates Inc. for numerous alleged safety and health violations, totaling $159,000 in proposed fines. The Philadelphia company cuts and forms rebar for the construction industry.
OSHA initiated its investigation of the Philadelphia facility, which employs 49 people, on January 30 in response to a complaint alleging fall hazards and failure to inspect and maintain conveyors and cranes. The investigation resulted in 3 willful and 51 serious violations.
The willful violations include failure to correct unsafe conditions disclosed by crane inspections, and to provide appropriate guarding on rotating parts. OSHA issues a willful violation when an employer exhibits plain indifference to or intentional disregard for employee safety and health.
The serious violations include the company's failure to ensure that cranes were not used to lift materials beyond their rated load capacity. The company also failed to provide fall protection, inspect cranes, and mark exit route doors. A serious citation is issued when death or serious physical harm is likely to result from a hazard about which the employer knew or should have known.
"It is imperative that MJ Associates Inc. corrects these violations to prevent injuries or death," said Al D'Imperio, director of OSHA's Philadelphia Area Office. "Employers are responsible for providing a safe and healthy work environment for their employees."
OSHA Fines Pallet Manufacturer Following January Accident Involving Unguarded Conveyor
OSHA has cited New England Wood Pellet LLC for 12 alleged violations of safety standards at its Jaffrey, N.H., manufacturing plant. The agency has proposed a total of $135,200 in fines after a January 23 accident in which an employee was caught in an unguarded conveyor.
"The sizable fines proposed here reflect the breadth and severity of the hazards identified during this inspection, including unguarded conveyors and exposure to fire and explosion hazards due to the design, construction, and location of systems used to collect combustible wood dust generated during the manufacturing process," said Rosemarie Ohar, OSHA's area director in Concord. "It's imperative that the employer implement and maintain proper and effective safeguards to minimize these hazards and maximize protections for its employees."
OSHA issued New England Wood Pellet two willful citations, accounting for $112,000 of the proposed fines, for the combustible dust hazards and unguarded pulleys on four conveyors. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.
The agency issued eight serious citations, with $19,200 in fines, for inadequate fall protection for employees working on conveyors; no program and employee training regulating work in confined spaces; failure to inspect energy control procedures and apply lockout devices to prevent the unexpected startup of machinery during maintenance; unguarded projecting shaft ends; not de-energizing electrical equipment prior to working on it; and lack of personal protective equipment for employees working on electrical equipment.
One repeat citation, with a $3,000 fine, was issued for the use and installation of electrical equipment not approved for a hazardous (class 2 division 2) location, a condition for which OSHA had cited the plant in 2005. Finally, OSHA issued the company one other-than-serious citation, with a $1,000 fine, for an incomplete and uncertified illness and injury log.
A serious citation is issued when death or serious physical harm is likely to result from a hazard about which the employer knew or should have known. An other-than-serious violation is a hazardous condition that would probably not cause death or serious physical harm but would have an immediate relationship to the safety and health of employees.
DHS Releases National Emergency Communications Plan
The U.S. Department of Homeland Security (DHS) released today the National Emergency Communications Plan (NECP) to address gaps and determine solutions so that emergency response personnel at all levels of government and across all disciplines can communicate as needed, on demand, and as authorized. The NECP is the nation's first strategic plan to improve emergency response communications, and complements overarching homeland security and emergency communications legislation, strategies, and initiatives.
"This is a comprehensive plan designed to drive measurable and sustainable improvements to operable and interoperable emergency communications nationwide over the next three years. It emphasizes the human element and cross-jurisdictional cooperation, going beyond simply buying new equipment," Homeland Security Under Secretary Robert Jamison said. "We have recently approved Statewide Communication Interoperability Plans for all 56 states and territories. Aligning these plans with the NECP will move emergency communications forward and further promote a coordinated nationwide strategy."
The NECP defines three goals that establish a minimum level of interoperable communications and a deadline for federal, state, local, and tribal authorities:
- By 2010, 90% of all high-risk urban areas designated within the Urban Areas Security Initiative (UASI) can demonstrate response-level emergency communications within one hour for routine events involving multiple jurisdictions and agencies.
- By 2011, 75% of non-UASI jurisdictions can demonstrate response-level emergency communications within one hour for routine events involving multiple jurisdictions and agencies.
- By 2013, 75% of all jurisdictions can demonstrate response-level emergency communications within three hours of a significant event, as outlined in the department's national planning scenarios.
The NECP enhances governance, planning, technology, training and exercises, and disaster communications capabilities with recommendations and milestones for emergency responders and relevant government officials. It is designed to drive measurable and sustainable improvements over the next five years consistent with the National Response Framework; National Incident Management System; National Preparedness Guidelines; and Target Capabilities List. NECP goals, along with these other department strategies, will improve nationwide response efforts and bolster situational awareness, information sharing, and command and control operations.
The department's Office of Emergency Communications developed the NECP in cooperation with more than 150 public- and private-sector emergency communications officials. The department's new Interoperable Emergency Communications Grant Program will further enable states to align their plans with the NECP.
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