Effective March 28, 2014, the Office of Environmental Health Hazard Assessment (OEHHA) added methyl isobutyl ketone (MIBK) to the list of chemicals known to the State to cause reproductive toxicity for purposes of Proposition 65.
The listing of methyl isobutyl ketone is based on formal identification by the EPA, an authoritative body, that the chemical causes reproductive toxicity (developmental endpoint). The criteria used by OEHHA for the listing of chemicals under the “authoritative bodies” mechanism can be found in Title 27, Cal. Code of Regs., section 25306.
OEHHA received one public comment on the Notice of Intent to List. That comment and OEHHA’s response to it are posted with the Notice of Intent to List.
OEHHA also added megestrol acetate to the list of chemicals known to the State to cause cancer for purposes of Proposition 65. The listing of megestrol acetate is based on a formal requirement by a state or federal agency that the chemical be identified or labeled as causing cancer as provided under the Act. Megestrol acetate has been identified or labeled to communicate a risk of cancer in accordance with formal requirements by the US Food and Drug Administration. Regulations governing the listing of chemicals under the “formally required to be labeled or identified” mechanism are published in Title 27, California Code of Regulations, section 25902.
No public comments were received.
EPA’s New Solvent Wipe, Shop Towel Rule Demystified
- Does the rule apply to both cloth and paper wipes and rags?
- What solvents can be on the towels, and which are prohibited?
- Does the rule also apply to towels that contain characteristic hazardous waste?
- Can P or U-listed wastes be on the towels?
- How must the towels be stored on-site?
- Do they need to be tested for anything?
- How long can they be stored?
- How must the containers be marked or labeled?
- How must they be prepared for transportation?
- Where can you ship them and what are the disposal and recycling options?
- What are the documentation requirements?
- How is the new rule impacted by current state regulations?
Did You Miss OSHA’s December 1 GHS Hazard Communication Training Deadline? Use Environmental Resource Center’s GHS OSHA Hazard Communication Training PowerPoint
With OSHA’s adoption of the Globally Harmonized System (GHS) for the classification and labeling of hazardous chemicals, virtually every chemical label, MSDS—now called Safety Data Sheet (SDS), and written hazard communication plan must be revised to meet the new standard.
OSHA’s December 1, 2013, deadline under the revised Hazard Communication Standard required that all employees at your site who work with, or are exposed to, hazardous chemicals be trained to understand the new classification system, labels, warning statements, precautions, pictograms, and safety data sheets for chemicals at your worksite.
Environmental Resource Center is making available a PDF presentation or a customizable PowerPoint that you can use for on-site worker training. The training program, which is designed to cover your site’s GHS Hazard Communication training requirements, is in a format that is easy to understand.
Price and options:
Multiple PDF copies can be purchased for $99/copy (1–10), $79/copy (11–20), or $69/copy (21+).
Multiple PowerPoint copies can be purchased for $199/copy (1–10), $179/copy (11–20), or $169/copy (21+).
Options*:
1. Customized PowerPoint: Send us your written GHS hazard communication plan and 10–20 safety data sheets. We’ll create a custom training program for your site: $899
2. If you have not updated your hazard communication plan, let Environmental Resource Center update it for you: $799
3. Customized PowerPoint and hazard communication plan: $1600
*Call 800-537-2372 for Spanish pricing
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.
Philadelphia RCRA and DOT Training
Virginia Beach RCRA and DOT Training
Atlanta RCRA and DOT Refresher, Advanced RCRA, and OSHA GHS Hazcom Training
Beer Marinade Could Reduce Levels of Potentially Harmful Substances in Grilled Meats
The smells of summer—the sweet fragrance of newly opened flowers, the scent of freshly cut grass and the aroma of meats cooking on the backyard grill—will soon be upon us. Now, researchers are reporting that the very same beer that many people enjoy at backyard barbeques could, when used as a marinade, help reduce the formation of potentially harmful substances in grilled meats.
I.M.P.L.V.O. Ferreira and colleagues explain that past studies have shown an association between consumption of grilled meats and a high incidence of colorectal cancer. Polycyclic aromatic hydrocarbons (PAHs) are substances that can form when meats are cooked at very high temperatures, like on a backyard grill. And high levels of PAHs, which are also in cigarette smoke and car exhaust, are associated with cancers in laboratory animals, although it’s uncertain if that’s true for people. Nevertheless, the European Union Commission Regulation has established the most suitable indicators for the occurrence and carcinogenic potency of PAHs in food and attributed maximum levels for these compounds in foods. Beer, wine, or tea marinades can reduce the levels of some potential carcinogens in cooked meat, but little was known about how different beer marinades affect PAH levels, until now.
The researchers grilled samples of pork marinated for four hours in Pilsner beer, non-alcoholic Pilsner beer, or a black beer ale, to well-done on a charcoal grill. Black beer had the strongest effect, reducing the levels of eight major PAHs by more than half compared with unmarinated pork. “Thus, the intake of beer marinated meat can be a suitable mitigation strategy,” say the researchers.
Heat Illness Prevention
Cal/OSHA recently launched the 2014 Heat Illness Prevention Program to educate employers and workers on the risks of prolonged heat exposure at outdoor worksites. The annual kickoff was held at a bilingual training sponsored by Cal/OSHA, the Nisei Farmers League and other agricultural employers. The goal of the program is to reduce the incidence of heat illness statewide and ensure compliance with California’s heat illness standard.
“Our partnerships with business and labor help us educate workers and employers alike on how to prevent heat illness injuries at outdoor worksites,” said Christine Baker, Director of the Department of Industrial Relations (DIR). “Regular training is a key component of workplace safety.” Cal/OSHA, also known as the Division of Occupational Safety and Health (DOSH) is a division of DIR.
Employing a multi-faceted approach, Cal/OSHA uses enforcement, outreach, and training modules to educate workers and employers of the health hazards that high temperatures present.
“Employers at outdoor worksites must know the steps to take to prevent heat illness injuries on the job,” said Acting Cal/OSHA Chief Juliann Sum. “Cal/OSHA continues to focus on training and outreach, combined with enforcement targeted on those employers who put their workers’ safety at risk.”
Targeted inspections of outdoor worksites in industries such as agriculture, construction, and landscaping will be conducted throughout the heat season.
Employers at outdoor worksites are required to ensure that basic precautions are followed:
- Train all employees and supervisors about heat illness prevention
- Provide plenty of cool, fresh water and encourage employees to hydrate frequently
- Provide a shaded area for workers to take a cool down and recovery break
- Ensure that workers “acclimatize” by gradually adjusting their bodies to high heat. This is especially important for new workers and during heat waves as temperatures may surge suddenly.
- Prepare an emergency heat illness prevention plan for the worksite, including training for supervisors and workers on steps to take if a worker shows signs of heat illness
When temperatures reach 95 degrees, Cal/OSHA regulations require that special “High Heat” procedures be implemented. Supervisors must take extra precautions to mitigate risks to workers:
- Observe workers for signs and symptoms of heat illness
- Remind workers to drink water frequently
- Provide close supervision of workers in the first 14 days of employment (to ensure safe acclimatization)
- Test communication systems to guarantee that emergency assistance can be reached if necessary
OSHA Seeks Nominations for Members to Serve on the National Advisory Committee on Occupational Safety and Health
OSHA recently announced that nominations are being accepted for members to serve on the National Advisory Committee on Occupational Safety and Health.
OSHA seeks to fill all 12 committee positions, which consist of four public representatives and two representatives each for labor, management, and professionals in occupational safety and in occupational health. The health and human services secretary will designate four of these representatives for appointment by the secretary of labor: two public, one occupational health professional, and one occupational safety professional. To create staggered terms, the secretary of labor will appoint six members to serve a two-year term and six to a three-year term. In the future, all members will go back to serving two-year terms.
Ohio Companies Expose Workers to Dangerous Levels of Lead, Falls
Proposed penalties total $119,000 and $49,600, respectively. OSHA initiated an inspection of both companies in September 2013 after receiving a referral from a health care provider, which found high levels of lead in blood samples from employees of both companies. The employees were removing lead-based paint from the exterior of an historic home. Lead exposure can cause fatigue, nausea and long-term damage to the central nervous system.
"Lead overexposure is a leading cause of serious workplace illness," said Kim Nelson, OSHA's area director in Toledo. "Compliance with OSHA's standards will protect workers by minimizing their exposure to lead. Companies that specialize in this work must have an effective program to ensure the safety and health of their workers."
Columbus-based Durable Slate Co., which operates as Durable Restoration, was cited for one willful violation. A willful violation was issued for failing to conduct initial exposure monitoring to determine if employees were exposed to lead above the permissible level when scraping lead-based paint. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirement, or with plain indifference to employee safety and health.
The company was also cited for failing to develop a respiratory protection program and to provide fall protection for employees that were working at heights of approximately 13 feet. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.
The page offers fact sheets, posters, and videos that vividly illustrate various fall hazards and appropriate preventive measures. OSHA standards require that an effective form of fall protection be in use when workers perform construction activities 6 feet or more above the next lower level.
Spectrum Painting, based in Bellefontaine, was cited for two willful and eight serious violations.
Two willful violations were cited for failing to provide respiratory protection and personal protective clothing as interim protection before an initial lead exposure assessment was conducted.
Spectrum Painting's eight serious violations included five for violations of OSHA's lead exposure standards, including failing to conduct initial medical surveillance; develop and implement a written lead compliance program; and provide changing areas and adequate hand-washing stations. The company was also cited for failing to develop a written hazard communication program, provide fall protection, and improper use of ladders.
OSHA Fines Diversified CPC International Inc. $73,500 for Chemical Hazards
The company, based in Channahon, Illinois, faces $73,500 in proposed penalties for exposing workers to hazardous chemical risks.
"Process safety management programs are designed to prevent the catastrophic release of highly hazardous chemicals," said Kris Hoffman, director of OSHA's Parsippany Area Office. "Diversified CPC International, Inc., failed to implement required programs to protect workers from hazardous chemicals."
Under OSHA's process safety management standard, employers are required to develop, implement, and update process safety management programs for hazardous chemicals at their facilities. In this case, the majority of violations relate to potential hazards at this company's facility stemming from the use of liquefied petroleum gases, fluorocarbons, and dimethyl ether.
The serious violations include the company's failure to:
- Develop and implement written procedures for mechanical integrity and operating procedures to conduct activities in each covered process safely
- Complete a thorough process hazard analysis and emergency action plan
- Document that equipment met good engineering practice
- Follow good engineering practices when performing inspections and testing equipment
- Complete an adequate compliance audit
- Conduct inspections and tests on equipment
- Annually certify that operating procedures were current and accurate
- Establish and implement a system to address previous hazard analysis findings promptly
- Address the impact of changes to processes, equipment, and/or personnel that are related to working conditions covered by the process safety management standard
- Complete accurate piping and instrument diagrams
- Include relief system design and design basis in information pertaining to the equipment
A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.
Atlantic Coast Asphalt Fined Over $63,000 after Worker Trapped in Hot Liquid Asphalt
An employee of Atlantic Coast Asphalt, a part of Hubbard Construction Co., entered a hot liquid asphalt tank to cut out a section of piping when they became trapped by the tar substance at the company's plant in Jacksonville. The employee suffered severe burns to his legs and feet following an 8-hour rescue. As a result of the September 2013 incident, OSHA cited the company with 10 serious safety and health violations, carrying proposed penalties of $63,360.
"This incident could have been prevented if the employer followed OSHA's standards for lockout/tagout and permit-required confined space procedures," said Brian Sturtecky, OSHA's area director in Jacksonville. "When employers take short-cuts related to safety and health they are gambling with employees' lives."
The employer also exposed workers to entrapment, thermal, and chemical burn hazards.
Atlantic Coast Asphalt manufactures and distributes hot-mix asphalt to various residential and commercial customers.
According to Bureau of Labor Statistics preliminary data from the Census of Fatal Occupational Injuries, fatal work injuries in Florida accounted for 209 of the 4,383 fatal work injuries reported in 2012.
Truck Trailer Manufacturer Exposes Workers to Highly Toxic Hexavalent Chromium
"Hexavalent chromium exposure poses serious risk to employees. It is known to cause cancer, as well as problems in the respiratory system, kidneys, liver, skin, and eyes," said Mark Stelmack, director of OSHA's Wilkes-Barre Area Office.
Investigators found that the company exposed a welder to more than 4.6 times the permissible exposure limit to hexavalent chromium and failed to implement feasible engineering controls and work practices to reduce employee exposure to the chemical. A repeat citation is issued when a substantially similar violation is found at any of an employer's facilities in federal enforcement states within five years of a previous citation.
Oregon OSHA Fines WildCat Haven for Safety Violations Following Worker's Death
The Oregon Department of Consumer and Business Services, Occupational Safety and Health Division (Oregon OSHA) has fined WildCat Haven $5,600 for safety and health violations after an animal keeper was attacked and killed at the Sherwood sanctuary. The sanctuary violated its two-person safety procedure and cage latches did not fully secure dangerous cougars, Oregon OSHA found.
"Sadly, as is so often the case, this workplace tragedy may have been prevented if the employer had followed and enforced its own guidelines when employees entered the cougar enclosures," said Michael Wood, Oregon OSHA administrator.
Renee Radziwon Chapman was attempting to clean one of the cages at the sanctuary when one or more cougars attacked her on November 9, 2013. The victim was working alone at the facility.
Oregon OSHA cited WildCat Haven for two serious violations, each with a penalty of $2,800. The investigation found the sanctuary violated its two-person safety procedure by allowing keepers to work alone on a frequent basis.
The second violation identified an inadequate latch design on the cougar cages. If the locks were not fully closed, they could inadvertently pop open. In order to fully secure the latch, keepers were required to enter the cage and attach a carabineer onto the latch’s lock fitting. The enclosure itself was also poorly designed with no separate entry door. As a result, cougars in two separate chambers needed to be secured in order to safely enter.
The company has 30 days to appeal the citation.
Bay Area Waste Tire Storage Facility Shut Down for Safety Violations
A Bay Area waste tire facility has been shut down and fined $30,000 for a host of violations involving unsafe storage conditions.
The Department of Resources Recycling and Recovery, or CalRecycle, revoked the waste tire facility permit of Global Waste Management, Inc., in South San Francisco last fall. A lengthy investigation determined the company was storing an excessive number of waste tires, storing tires near flammable materials, and using an unregistered hauler to ship the tires. After an administrative hearing that included six days of witness testimony, a hearing officer upheld the revocation for a period of three years and ordered Global Waste Management, Inc., to pay a fine of $30,000.
“Our responsibility is to ensure waste tire facilities operate in a safe and compliant manner to protect the surrounding community,” CalRecycle Director Caroll Mortensen said. “Improperly stored waste tires are a serious threat to human health and the environment.”
CalRecycle’s tire enforcement branch ensures tire haulers and facilities in California transport and store waste tires safely and legally. Facilities that store 500 to 4,999 waste tires at a time must have a “minor” waste tire facility permit, while those with 5,000 or more waste tires need a “major” waste tire facility permit and are regulated more stringently.
In December 2012, Global Waste was issued a minor waste tire facility permit. In February and March 2013, CalRecycle inspectors visited the site, counted waste tire bales and took photos. They estimated there were more than 11,000 waste tires on the property during the first visit, and 17,000 waste tires during the second. CalRecycle ultimately issued a cleanup and abatement order to the company ordering it to reduce and maintain the waste tire count allowed by its waste tire facility permit.
However, during future inspections the facility again exceeded its waste tire limit, at one time having approximately 21,000 waste tires on site. Other violations included not providing access to the facility’s operation plans, emergency response plan and fire prevention measures, as required by law. During one inspection, flammable material was stored within 40 feet of the tires. In cooperation with the California Highway Patrol, CalRecycle also determined Global Waste had used an unregistered hauler to transport tires from its facility to the Port of Oakland.
Global Waste had until March 23 to appeal the final revocation ruling, but declined to do so.
Californians generate more than 40 million waste tires per year. Stockpiled tires can pose serious health threats. Besides harboring disease-spreading pests, they can also result in tire fires that release smoke full of toxins into the air and streams of pyrolytic oil that contaminate the soil and groundwater.
OSHA Forms Alliance with Concerned Beauty Professionals to Reduce Chemical Hazards in the Beauty Industry
OSHA has formed an alliance with the Georgia Concerned Beauty Professionals in Atlanta to provide hair salon owners and workers with information, guidance, and training to protect employees from exposure to products that contain hazardous chemicals, such as formaldehyde.
The agreement will be signed between OSHA and the Concerned Beauty Professionals at noon on Monday, March 31 at the Georgia Institute of Technology, 250 14th St. NW, 5th floor, Atlanta 30318.
"This alliance demonstrates OSHA's commitment to the safety and health of workers in this industry."
OSHA requires manufacturers, importers, and distributors of products that contain formaldehyde to include information about formaldehyde and its hazards on product labels and in the material safety data sheets sent to employers. Formaldehyde presents a significant health hazard if workers are exposed. It can irritate the eyes and nose; cause allergic reactions affecting the skin, eyes and lungs; and is linked to nose and lung cancer.
Federal OSHA has found formaldehyde in the air in salons where hair-smoothing products were used. Some of these products have formaldehyde listed on their labels or on material safety data sheets, as required by law. However, through investigations, the agency's air tests showed formaldehyde at levels greater than OSHA's limits in salons, even though the products tested were labeled formaldehyde-free.
Companies and groups interested in learning more about OSHA's activities to improve employee safety and health in Georgia may contact OSHA's representatives in the Atlanta-West Area Office at 678-903-7301, the Atlanta-East Area Office at 770-493-6644, or the Savannah Area Office at 912-652-4393.
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.
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