More Money Budgeted to Enforce OSHA Regulations

April 15, 2013

Acting Secretary of Labor Seth D. Harris released the US Department of Labor's fiscal year 2014 budget request,

The president's budget for the Department of Labor requests $12.1 billion in discretionary funding. It invests in programs that improve services for workers and job seekers by modernizing the federal job training system and creating employment opportunities for the long-term unemployed and low-income adults and youths. The request devotes significant resources to putting our veterans, particularly those with disabilities or other significant barriers to employment, back to work. It provides improved re-employment services that enable individuals newly separated from the military to successfully transition into civilian careers.

As the economy changes, training and employment programs must innovate and adapt to effectively help American workers gain needed skills. The FY 2014 budget proposes a new Universal Displaced Worker program that will reach more than a million workers a year with a set of core services, replacing two more narrowly-targeted programs and ensuring that all dislocated workers receive high-quality job search assistance.

In addition, the budget request provides $150 million for a competitive Workforce Innovation Fund to test new evidence-based workforce development strategies and bold systemic reforms coming from states and localities. Of that amount, $50 million will be used to identify strategies to help veterans, military family members, and members of the National Guard and Reserve, and $10 million will be focused on identifying effective strategies to improve outcomes for disconnected youths. The budget proposes $8 billion for a Community College to Career Fund, to be administered jointly with the US Department of Education, that will invest in partnerships between community colleges and business to train workers for good-paying jobs in high-growth and high-demand industries. It would begin in 2015 as a successor to the Trade Adjustment Assistance Community College and Career Training program.

The department's request is focused on helping the long-term unemployed get back to work. It includes a $4 billion Re-employment NOW program, which incorporates a number of reforms to help Unemployment Insurance claimants and other long-term unemployed individuals get back to work more quickly, and a $12.5 billion Pathways Back to Work Fund to make it easier for workers to remain connected to the workforce and gain new skills for long-term employment. In addition, the budget provides $25 million to encourage innovative states to come forward with new and better strategies to return UI beneficiaries to work. The budget also proposes reforms to put state UI systems on the path to solvency.

Highlights of the FY 2014 budget request include:

An additional $5.8 million for Mine Safety and Health Administration enforcement programs to pursue strategies that prevent death, disease, and injury from mining, and $2.5 million to implement recommendations from the internal review conducted in the wake of the Upper Big Branch Mine disaster
An additional $5.9 million to bolster OSHA’s enforcement of the numerous laws that protect workers and others from retaliation for reporting unsafe and unscrupulous practices
Nearly $14 million to combat the misclassification of workers as independent contractors, which deprives workers of benefits and protections to which they are legally entitled and puts law-abiding businesses at a disadvantage against employers who violate the law
An additional $3.4 million for the Wage and Hour Division to support greater enforcement of the Fair Labor Standards Act and the Family and Medical Leave Act
$5 million for the creation of a State Paid Leave Fund to assist workers who need to take time off to care for a child or other family member
An initiative to encourage companies to fully fund their pension benefits by authorizing the Pension Benefit Guaranty Corp. board to adjust premiums and take into account the risks that different retirement plan sponsors pose to their retirees. Under the initiative, the PBGC is estimated to save $25 billion over the next decade.

Finally, the department's FY 2014 budget request continues existing efforts to enhance program effectiveness and improve efficiency. The department will invest in program evaluations to be overseen by the chief evaluation officer and requests increased authority to set aside funds from major program accounts for more evaluations. These investments will provide the department with valuable information about strategies and approaches that work so that resources can be allocated strategically.

Bisphenol A (BPA) Listed as Reproductive Toxin in California

The listing of BPA is based on formal identification by the National Toxicology Program (NTP), an authoritative body, in a final report by the NTP Center for the Evaluation of Risks to Human Reproduction (CERHR), that BPA causes reproductive toxicity (developmental endpoint) at high doses. 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.

The documentation supporting OEHHA’s determination that the criteria for administrative listing have been satisfied for BPA is included in the Notice of Intent to List published in the January 25, 2013 issue of the California Regulatory Notice Register (Register 2013, No. 4-Z). OEHHA’s responses to public comments received on the Notice of Intent to List will be posted soon on OEHHA’s web site.

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 SDSs.

Virginia Beach RCRA and DOT Training

Charlotte RCRA, DOT, and SARA Training

Hilton Head RCRA and DOT Training

Why You Can’t Stop After Eating One Potato Chip

The scientific secrets underpinning that awful reality about potato chips—eat one and you’re apt to scarf ’em all down—began coming out of the bag in research presented at the 245th National Meeting & Exposition of the American Chemical Society, the world’s largest scientific society. The meeting, which news media have termed “The World Series of Science,” features almost 12,000 presentations on new discoveries and other topics.

Tobias Hoch, Ph.D., who conducted the study, said the results shed light on the causes of a condition called “hedonic hyperphagia” that plagues hundreds of millions of people around the world.

“That’s the scientific term for ‘eating to excess for pleasure, rather than hunger,’” Hoch said. “It’s recreational over-eating that may occur in almost everyone at some time in life. And the chronic form is a key factor in the epidemic of overweight and obesity that here in the United States threatens health problems for two out of every three people.”

The team at FAU Erlangen-Nuremberg, in Erlangen, Germany, probed the condition with an ingenious study in which scientists allowed one group of laboratory rats to feast on potato chips. Another group got bland old rat chow. Scientists then used high-tech magnetic resonance imaging (MRI) devices to peer into the rats’ brains, seeking differences in activity between the rats-on-chips and the rats-on-chow.

With recent studies showing that two-thirds of Americans are obese or overweight, this kind of recreational over-eating continues to be a major problem, health care officials say.

Among the reasons why people are attracted to these foods, even on a full stomach, was suspected to be the high ratio of fats and carbohydrates, which send a pleasing message to the brain, according to the team. In the study, while rats also were fed the same mixture of fat and carbohydrates found in the chips, the animals’ brains reacted much more positively to the chips.

“The effect of potato chips on brain activity, as well as feeding behavior, can only partially be explained by its fat and carbohydrate content,” explained Tobias Hoch, Ph.D. “There must be something else in the chips that make them so desirable,” he said.

In the study, rats were offered one out of three test foods in addition to their standard chow pellets: powdered standard animal chow, a mixture of fat and carbs, or potato chips. They ate similar amounts of the chow as well as the chips and the mixture, but the rats more actively pursued the potato chips, which can be explained only partly by the high energy content of this snack, he said. And, in fact, they were most active in general after eating the snack food.

Although carbohydrates and fats also were a source of high energy, the rats pursued the chips most actively and the standard chow least actively. This was further evidence that some ingredient in the chips was sparking more interest in the rats than the carbs and fats mixture, Hoch said.

Hoch explained that the team mapped the rats’ brains using Manganese-Enhanced Magnetic Resonance Imaging (MEMRI) to monitor brain activity. They found that the reward and addiction centers in the brain recorded the most activity. But the food intake, sleep, activity and motion areas also were stimulated significantly differently by eating the potato chips.

“By contrast, significant differences in the brain activity comparing the standard chow and the fat carbohydrate group only appeared to a minor degree and matched only partly with the significant differences in the brain activities of the standard chow and potato chips group,” he added.

Since chips and other foods affect the reward center in the brain, an explanation of why some people do not like snacks is that “possibly, the extent to which the brain reward system is activated in different individuals can vary depending on individual taste preferences,” according to Hoch. “In some cases maybe the reward signal from the food is not strong enough to overrule the individual taste.” And some people may simply have more willpower than others in choosing not to eat large quantities of snacks, he suggested.

If scientists can pinpoint the molecular triggers in snacks that stimulate the reward center in the brain, it may be possible to develop drugs or nutrients to add to foods that will help block this attraction to snacks and sweets, he said. The next project for the team, he added, is to identify these triggers. He added that MRI studies with humans are on the research agenda for the group.

On the other hand, Hoch said there is no evidence at this time that there might be a way to add ingredients to healthful, albeit rather unpopular, foods like Brussels sprouts to affect the rewards center in the brain positively.

NHTSA Survey Finds 660,000 Drivers Using Cell Phones or Manipulating Electronic Devices While Driving At Any Given Daylight Moment

The Department of Transportation's National Highway Traffic Safety Administration (NHTSA) just released new survey results that show that Americans continue to use electronic devices while driving, despite warnings that it causes their own driving to deteriorate and can lead to crashes, injuries and even death. The new data are being released at the start of National Distracted Driving Awareness Month.

The new data include statistics from the 2012 Distracted Driving Attitudes and Behaviors Survey and the 2011 National Occupant Protection Use Survey on Driver Electronics Use, as well as the 2011 Distraction Fatality Analysis Reporting System (FARS) data. All three reports are being highlighted in the premier issue of NHTSA’s Safety in Numbers online monthly auto safety newsletter.

The 2011 National Occupant Protection Use Survey ) shows that at any given daylight moment across America, approximately 660,000 drivers are using cell phones or manipulating electronic devices while driving, a number that has held steady since 2010. According to separate NHTSA data, more than 3,300 people were killed in 2011 and 387,000 were injured in crashes involving a distracted driver.

“Distracted driving is a serious and deadly epidemic on America’s roadways,” said US Transportation Secretary Ray LaHood. “There is no way to text and drive safely. Powering down your cell phone when you’re behind the wheel can save lives—maybe even your own.”

According to NHTSA’s 2012 National Survey on Distracted Driving Attitudes and Behaviors, most drivers support bans on hand-held cell phone use (74%) and texting while driving (94%). On average, these drivers thought the fines for these offenses should be at least $200.

So far 39 states, the District of Columbia, Puerto Rico, Guam and the Virgin Islands ban text messaging for all drivers. Also 10 states, the District of Columbia, Puerto Rico, Guam and the Virgin Islands prohibit all drivers from using handheld cell phones while driving.

“Many drivers see distracted driving as risky when other drivers do it, but do not recognize how their own driving deteriorates,” said NHTSA Administrator David Strickland. “I urge all motorists to use common sense and keep their attention focused solely on the task of safely driving.”

More than 6,000 respondents age 16 and older were interviewed by phone for the National Survey on Distracted Driving Attitudes and Behaviors. Almost half of drivers said they answer an incoming call and one in four drivers are willing to place a call on all, most, or some trips. Slightly fewer are willing to make a call while driving compared to 2010 (28% to 24%), but there is little if any change in those who answer a call while driving (52% to 49%). Considering that in 2011 there were almost 212 million licensed drivers in the America, about 102 million drivers were answering calls and 50 million drivers were placing calls while driving.

To prevent distracted driving, the Department of Transportation recommends that drivers:

Turn off electronic devices and put them out of reach before starting to drive.
Be good role models for young drivers and set a good example. Talk with your teens about responsible driving.
Speak up when you are a passenger and your driver uses an electronic device while driving. Offer to make the call for the driver, so his or her full attention stays on the driving task.
Always wear your seat belt. Seat belts are the best defense against other unsafe drivers.

Maritime Advisory Committee for Occupational Safety and Health Re-Established

Acting Secretary of Labor Seth D. Harris recently announced that he will re-establish the charter of the Maritime Advisory Committee for Occupational Safety and Health.

The Department of Labor established MACOSH in 1995 to advise the secretary of labor, through the assistant secretary of labor for occupational safety and health, on various issues related to safe and healthful working conditions in the maritime industry, including safety and health standards, injury and illness prevention, training and outreach initiatives, and enforcement initiatives to improve the safety and health of maritime workers.

Re-establishing MACOSH will allow the committee to continue its important work protecting the safety and health of workers in the maritime industry. Since receiving its first charter in 1995, MACOSH has made more than 100 recommendations to OSHA. The agency used these recommendations to develop guidance products and standards. MACOSH meetings are open to the public.

The Department selected the maritime industry for special attention because of its high injury and illness rates and the specialized character of maritime work. On behalf of the secretary, the assistant secretary may seek advice from the committee on a variety of subjects, which include development of guidance and outreach materials tailored to individual sectors of the maritime industry, rulemaking to update regulatory requirements, and other activities to help focus actions in the industry and reduce work-related death, injuries and illnesses. The assistant secretary also may seek advice in new areas in which OSHA chooses to pursue or expand its maritime programs and projects to address specific health and safety needs.

Please direct general inquiries about this notice to Amy Wangdahl, designated federal official for MACOSH and director, Office of Maritime and Agriculture, at 202-693-2086.

OSHA Fines Newark, NJ, Company for Exposing Workers to Safety and Health Hazards

OSHA has cited Natural Flavors, Inc., for 12 workplace safety and health violations at its Newark facility. OSHA began its inspection after receiving information that workers were potentially exposed to diacetyl, a chemical used in flavorings. Proposed penalties total $60,400.

The inspection confirmed that workers were overexposed to diacetyl, a serious violation that was cited with a $2,800 penalty. Studies have linked exposure to diacetyl to the development of permanent lung damage, including the rare lung disease bronchiolitis obliterans.

"As early as 2004, the flavoring manufacturing industry has been aware that its workers who are overexposed to diacetyl on the job have developed severe, life-threatening lung disease. It is outrageous that Natural Flavors would expose workers to this debilitating chemical without taking the necessary steps to properly assess exposure and protect its employees," said Robert D. Kulick, OSHA's regional administrator in New York.

One willful violation, with a penalty of $28,000, was cited for the company's failure to adequately identify and evaluate respiratory hazards. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health.

Two repeat violations, with a penalty of $9,600, reflect the company's failure to implement a site-specific respiratory protection program and update material safety data sheets within three months of receiving significant new information regarding chemical hazards or ways to protect against the hazards. A repeat violation is issued when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcements states within the last five years. The same violations were cited in 2008.

Eight additional serious violations, with $20,000 in penalties, were cited for failing to properly mark a doorway which could have been mistaken for an exit; improperly store and transfer flammable liquids; improper use of a respirator; and for use of excessive compressed air pressure, above OSHA's limit of 30 lb per square inch, for cleansing purposes.

"The conditions OSHA cited jeopardize the safety and health of workers at this facility," said Kris Hoffman, director of OSHA's Parsippany Area Office. "It is critical that the company take immediate steps to abate these hazards."

CVS Pharmacy Faces $40,000 Fine for Lack of Emergency Action Plan

OSHA has proposed $40,000 in fines for CVS Pharmacy, Inc., for an alleged repeat violation of safety standards following an inspection of the retailer's Red Hook store by OSHA's Albany Area Office begun in January in response to a complaint.

The inspection found that the store, located at 7518 N. Broadway, lacked a site-specific emergency action plan for workers to follow if a fire or other emergency occurred at the store. OSHA standards require emergency action plans for workplaces with more than 10 employees and where fire extinguishers are present.

"The fact that CVS has repeatedly failed to develop emergency action plans is disturbing. Hazards can vary from location to location, so it is imperative that each store has and maintains an effective emergency action plan specific to that store," said Kimberly Castillon, OSHA's area director in Albany. "For the safety and health of its workers, CVS needs to ensure that the proper safeguards are in place and in use at all of its locations."

As a result, OSHA has issued CVS one repeat citation for this recurring hazard. A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years. OSHA had previously cited CVS in 2010 and 2011 for similar hazards at stores in Bridgeport, Connecticut, and Providence, Rhode Island.

"Hazards, such as this, can be prevented if employers implement and maintain an effective illness and injury prevention program in which management and employees work together to identify and eliminate hazardous conditions," said Robert Kulick, OSHA's regional administrator for New York.

OSHA Cites Universal Industries for Multiple Safety Violations

OSHA has cited Universal Industries, LLC, in Tomahawk, Wisconsin, with eight safety violations, including a failure-to-abate, for not enrolling workers in a hearing conservation program. OSHA initiated its follow-up inspection in November 2012. Proposed fines total $61,600.

"Universal Industries has a responsibility to protect the long-term health of its workers by ensuring they are enrolled in a hearing conservation program and conducting follow-up evaluations," said Frank Winingham, OSHA's area director in Appleton. "Employers who are cited for repeat and failure-to-abate citations demonstrate a lack of commitment to worker safety and health."

The company was issued a citation for failing to have a hearing conservation program in February 2011. The company reached a settlement agreement with OSHA in December 2011, but failed to provide the required abatement documentation to show that they had implemented the hearing program.

Two repeat violations were cited for not having a hazard communication program, and for making modifications to a forklift without manufacturer's approval. Similar violations were cited in February 2011.

Four serious violations were cited for not having a respiratory protection program, exposing workers to fall hazards from an unguarded work platform, lacking carbon monoxide alarms on compressors that supply breathing air, failing to certify worker training on a forklift and to ensure nameplates were attached to forklifts indicating vehicle capacity. 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.

Additionally, the company was issued one other-than-serious violation for not having a written energy control program. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.

Alabama Manufacturer Faces $41,600 in Fines Following Two Worker Injuries

Ozark Materials, LLC, a dry powder paint manufacturer, has been cited by OSHA for 10 safety and health violations, including one willful, after two workers were injured within a month of each other at its facility in Mount Meigs. OSHA's inspection, initiated in December 2012, was based on a complaint that one worker sustained a broken arm and the other incurred a laceration as a result of unguarded equipment.

The willful violation involves failing to provide machine guarding for the conveyor rollers on the mixer hoppers.

Eight serious safety and health violations involve failing to provide standard railings on stairs, provide a lockout/tagout program, provide workers with a hazard communication program and limit the compressed air line pressures when used for cleaning. Additional violations include exposure to unguarded sprocket wheels and portable grinders and overexposure to dust particles and electrical deficiencies.

One other-than-serious violation has also been cited for not maintaining OSHA's 300 log for occupational injuries and illnesses.

"These injuries could have been prevented if the employer implemented the recommendations of a safety consultant to provide machine guarding for the conveyor rollers on the mixer hoppers," said Joseph Roesler, OSHA's area director in Mobile. "The employer needs to take immediate action to eliminate all hazards from the workplace."

Proposed penalties total $41,600.

OSHA Fines New Jersey Masonry Group More than $50,000 for Scaffold, Safety Hazards

OSHA has cited Becksted Masonry, LLC, with three repeat and five serious safety violations, including worker exposure to scaffold hazards, at the company's Voorhees, New Jersey, work site.

The repeat violations include a lack of fall protection, the use of scaffold cross braces to access the scaffold's walking and working surfaces and missing toe boards. The same violations were cited in 2008 and 2010 at work sites in Gibbsboro, Manalapan, and Voorhees.

"The company's failure to correct these hazards leaves workers vulnerable to accidents common to scaffolding, which can cause serious injury and possible death," said Paula Dixon-Roderick, director of OSHA's Marlton Area Office, which conducted the inspection. "These hazards can be controlled by compliance with OSHA standards."

Connecticut Tobacco Sheet Manufacturer Faces Nearly $60,000 in OSHA Fines

OSHA has cited Nuway Tobacco, Co., for 22 alleged serious violations of workplace safety and health standards at its South Windsor manufacturing facility. The tobacco sheet manufacturer faces $59,869 in proposed fines following an inspection by OSHA's Hartford Area office.

Inspectors found workers exposed to fire and explosion hazards from both combustible tobacco dust generated by the manufacturing process and from the lack of equipment and procedures to prevent the spread of dust fires and explosions. Specifically, accumulated tobacco dust up to one inch thick were found on light fixtures, electrical enclosures, ducts, pipes, equipment and other surfaces in the plant's grinding room; the processing system allowed the escape and buildup of combustible dust in the work area; processing machinery lacked interlock and isolation systems to shut down equipment and prevent or limit the spread of a dust fire or explosion; and protective systems, such as sprinklers and explosion vents, had not been inspected, tested and maintained on a regular basis.

"A dust fire or explosion can be catastrophic and result in deaths, injuries and the destruction of entire buildings," said Warren Simpson, OSHA's area director in Hartford. "While an explosion did not occur here, the hazard is real and present. It is imperative that this employer promptly and effectively eliminate these hazards and prevent their recurrence."

OSHA also found workers exposed to falls from equipment and work platforms that lacked guardrails; laceration, amputation and crushing hazards from unguarded moving machine parts; and electrocution from ungrounded or exposed wiring. Workers also lacked training, protective equipment and safe work practices when performing troubleshooting on live electrical equipment.

OSHA Cites Roofing Contractor for Lack of Fall Protection at Illinois Job Site

OSHA has cited roofing contractor Woodridge Enterprises, Inc., in Lemont with eight safety violations, including three repeat, for lack of protection from falls at a residential job site in Hinsdale. Initiated under OSHA’s fall protection program, the inspection resulted in proposed fines totaling $47,960.

The January 16 inspection found three repeat violations involving a lack of fall protection for workers on a scaffold higher than 19 feet and in construction activities at a height of 20 feet, as well as failing to extend ladders at least 3 feet above the landing surface. Similar violations were cited in June 2012, February 2010 and March 2009 at sites in Hinsdale, Carol Stream and Elmhurst.

“Woodridge Enterprises has been repeatedly cited for violations of fall protection standards. These violations put roofers at risk of serious or fatal injuries,” said Kathy Webb, OSHA’s area director in North Aurora. “Falls remain the leading cause of death in the construction industry, and companies who perform this type of work must take responsibility for protecting their workers on the job.”

The serious violations involve failing to train and certify powered industrial truck operators and provide safe access to a ladder jack scaffold; bridging ladder jack scaffolds together and allowing workers to use a scaffold that exceeded 20 feet in height; and anchorage points not installed per manufacturer’s specifications and unable to support 5,000 lb, as required.

Because of the hazards and the violations cited, Woodbridge Enterprises has been placed in OSHA’s Severe Violator Enforcement Program, which mandates targeted follow-up inspections to ensure compliance with the law. OSHA’s SVEP focuses on recalcitrant employers that endanger workers by committing willful, repeat or failure-to-abate violations. Under the program, OSHA may inspect any of the employer’s facilities if it has reasonable grounds to believe there are similar violations.

OSHA Cites Joy-Mark Inc. for Repeatedly Exposing Workers to Respiratory Hazards

OSHA has cited Joy-Mark, Inc., for six health violations, including two repeat, for exposing workers to airborne refractory ceramic fiber at the mold manufacturing facility in Cudahy. OSHA has proposed penalties of $50,050, as a result of the October 2012 follow-up inspection.

"Joy-Mark has a responsibility to monitor worker exposure to respiratory hazards and to provide and train workers on the proper use of appropriate respirators," said Christine Zortman, OSHA's area director in Milwaukee. "Employers who are cited for repeat violations demonstrate a lack of knowledge and commitment to protecting worker safety and health."

The first repeat violation involves allowing workers to use non-HEPA respirators, which are ineffective in filtering exposure to known respiratory hazards. The second violation involves exposure to airborne refractory ceramic fiber above the recommended exposure limits set by the National Institute for Occupational Safety and Health. Exposure to refractory ceramic fibers can result in adverse respiratory health effects, such as irritation and compromised pulmonary function, lung cancer, and mesothelioma.

These violations were previously cited at the Cudahy facility in 2009, 2010 and 2011.

An OSHA violation is serious if death or serious physical harm can result from a hazard an employer knows or should know exists.

Joy-Mark employs 65 people at the Cudahy facility, which manufactures ceramic molds to be used as pouring aids in the foundry industry.

Federal Pipeline Safety Vacuum Magnifies Risks

In a week witnessing three major pipeline spills, the Public Employees for Environmental Responsibility (PEER) is claiming that it is becoming increasingly apparent that the entity supposed to be our first line of defense, the Pipeline and Hazardous Materials Safety Administration (PHMSA), is not up to the task. The size of the gap between what it is supposed to do and what it actually does is the subject of a lawsuit filed by PEER.

There are enough pipelines carrying natural gas and high-hazard liquids, such as oil and propane, under US soil and waters to wrap around the equator more than 100 times—an estimated 2.5 million miles with thousands more dropped each year. In a series of Freedom of Information Act (FOIA) requests, PEER has sought to demonstrate whether the agency fulfills its mandated duties but PHMSA:

Cannot name a single unannounced emergency preparedness exercise it has conducted in the past five years, even though such actions are required by law
Has only been able to supply a copy of six from the more than 300 facility response plans submitted by pipeline operators. Among the response plans still missing is the one for the Exxon-Mobil pipeline in Arkansas which is “still hemorrhaging product” according to PEER
Cannot identify any pipeline response plan that PHMSA has rejected or amended
One thing PHMSA could report to PEER, however, was that it has no record of ever reviewing inspection data and certifications submitted by pipeline operators during the past five years

“PHMSA has not just been asleep at the switch; they cannot even find the switch,” stated PEER Counsel Kathryn Douglass who filed the complaint in the US District Court for District of Columbia.

“Without surprise inspections or reviews of pipeline plans, the industry has been left to self-regulate.”

Last year, Congress gave PHMSA new enforcement authority and inspectors. From this past week, however, with three major spills, including the latest Shell spill in Texas, it is not clear this congressional reinforcement has made a difference. Each year, PHMSA has averaged more than 100 “significant” spills, i.e., incidents involving loss of life, injuries, fire and/or major spillage.

A key issue is whether the agency has learned any lessons from previous disasters. For example, PHMSA has yet to show that it has implemented critical reforms urged by the National Transportation Safety Board and the Government Accountability Office following recent major pipeline spills or explosions in Michigan (Kalamazoo River), Montana (Yellowstone River) and California (San Bruno).

“The emerging record documents an appalling dereliction of duty at what is supposed to be a critical safety agency,” Douglass added. “PHMSA needs more than minor repairs; it needs a major overhaul, starting with a leadership transplant.”

Indiana Encourages Fleet Managers to Develop and Enforce Driver Safety Programs

Transportation-related incidents were the leading cause of workplace fatalities in Indiana in 2011. During that time, more than 40 Hoosier workers were killed in incidents that occurred on or on the side of roadways. Three worker deaths also occurred in construction work zones.

The department urges construction contractors and industry workers to develop, implement and enforce construction work zone safety policies and procedures.

“For Hoosier families, a transportation-related incident that takes the life of a loved one is a deep loss,” IDOL Commissioner Sean M. Keefer said, “This very real loss drives the Indiana Department of Labor to seek improvements to better educate the public and enforce workplace safety in construction work zones.”

The following are important tips to help employers manage their mobile workforce:

Do assign a key member of the management team the responsibility and authority to establish and enforce a comprehensive driver safety program
Do enforce mandatory seatbelt use
Do develop work schedules that allow employees to adhere to speed limits and account for weather conditions such as heavy rain, excessive wind speed, snow, sleet, and hail
Do encourage employees to develop an alternate route of travel prior to leaving the station. This will help lessen driving-related stress in areas of heavy traffic or construction zones.
Do not require workers to drive irregular hours or far beyond their normal working hours
Do not allow drivers to engage in distracted driving behaviors. Drivers should not use cell phones or communication radios, including hands-free headsets, or other electronic devices such as GPS units or tablet PCs while driving.

“The Indiana Department of Labor will work with companies, associations, and industry representatives to proactively address transportation-related hazards and exposures,” added Keefer. “Working together, we can reduce the number and severity of transportation-related incidents.”

Construction Contractors Urged to Develop Work Zone Safety Programs

Every year workers are killed or injured in road construction work zones. In 2012, three Hoosier construction workers were killed while in a work zone. Therefore, the Indiana Department of Labor (IDOL) has launched a statewide safety initiative aimed at reducing workplace transportation-related deaths.

“INDOT’s top priority is the safety of workers and the motoring public,” INDOT Commissioner Michael Cline said. “Our goal is to provide a safe working environment and reduce injuries and crashes using proven safety methods.”

Roadway work zones can be hazardous for motorists who can be confused by the signs, barrels, and unfamiliar lane shifts. This is especially true when motorists don’t slow down, stay alert and drive safely in these areas.
Highway and other roadway workers routinely work in close proximity to large construction equipment and fast-moving, motor vehicle traffic
Flaggers and other workers on foot are constantly exposed to being struck by traffic or backed over by other work zone construction equipment if they are not visible to motorists or equipment operators at all times
Workers who operate construction equipment are at risk for overturns, collisions or being caught in equipment
Work zones are often noisy work environments due to motor vehicle traffic as well as heavy equipment operations

Spread the Word About Calling 811 Before You Dig

The US Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) is reminding everyone to call 811 before digging into any projects this spring and to share the safe digging message with friends and family.

“Calling 811 is simple, free and it can save your life,” said U. S Transportation Secretary Ray LaHood. “We’re spreading the word with our message today, but we can’t do it alone. Everyone who receives this message should tell their friends and neighbors to ‘know what’s below’ before they dig this spring.”

Striking buried pipeline is a leading cause of pipeline-related death and injury and can lead to service outages in entire neighborhoods. Over the last 20 years, property damage costs equal more than $530 million nationwide.

All of that can be avoided, by calling 811 a few days before digging. Once the call is made, a representative will come to your property and mark nearby underground utilities so that you’ll know what’s below and be able to dig safely.

DOT urges the general public to share the safe digging message throughout April by taking the following actions:

Tweet about safe digging #Call811B4UDig

“We want 811 to become as well-known as 911, because digging without getting your utilities marked is not only dangerous, it can also cut off services to an entire neighborhood and cost you money,” warns PHMSA Administrator Cynthia Quarterman. “The good news is that digging-related incidents can be prevented with a single call.”

Since the debut of the universal 811 hotline six years ago, the number of serious pipeline incidents from unsafe digging has decreased by more than 45%. PHMSA is working to continue the decline of digging-related incidents by providing additional safety tips this month.

The Common Ground Alliance, a pipeline safety partner, reports that approximately three in 10 homeowners plan to dig on their property this year for an outdoor home or property improvement project.

Visit PHMSA’s Pipeline Safety Guide for more information on safe digging practices and what to do if you detect a gas pipeline leak.

As the safety regulator for America’s 2.6 million-mile pipeline transportation system, PHMSA is stepping up other efforts under the Pipeline Safety Act of 2011, which was signed into law in January 2012. The Act provides the regulatory-certainty necessary for pipeline operators to plan infrastructure investments and create jobs, and strengthens PHMSA’s authority to hold operators more accountable. For more information on PHMSA’s progress, visit the Pipeline Safety Act of 2011 page.

Detroit Regional Convention Facility Authority Signs Partnership with MIOSHA to Ensure Worker Safety during Cobo Center Renovations

The Detroit Regional Convention Facility Authority (DRFCA) signed a formal partnership recently with the Michigan Occupational Safety and Health Administration () to protect workers during Phase III of the Cobo Convention Center Capital Improvement Plan. The partnership has support from the Michigan Building & Construction Trades Council, other supporting unions, partnering contractors and additional partners. The MIOSHA program is a part of the Michigan Department of Licensing and Regulatory Affairs (LARA).

The partnership goal is zero injuries, zero incidents, zero near misses, and zero tolerance of unsafe acts or conditions.

"We are pleased to join with the Detroit Regional Convention Facility Authority and affiliated partners today in this construction partnership," said MIOSHA Director Martha Yoder. "Through partnerships, MIOSHA can offer employers a voluntary, cooperative relationship to help eliminate serious hazards and achieve a high level of safety and health."

Phase III is the final phase of a program that started in 2010 and is scheduled to be completed in 2015. Phase III of the program is the most capital intense phase and includes the development of a new 38,000 square feet ballroom and meeting rooms in the former sports and concert arena. In addition there will be a new atrium connecting the main concourse to the lower river level and other improvements.

Signing partners included: Patrick Bero, CEO, DRCFA; Gary Brown, Owners Representative, DRCFA; Thomas Tuskey, Capital Program Manager, DRCFA; John Kull, Construction Manager, DRCFA; Richard Sumner, Safety Manager, DRFCA; and Martha Yoder, Director, MIOSHA.

Partnerships are an important emphasis in MIOSHA's Strategic Plan to improve the health and safety of workers through cooperative relationships with groups, including trade associations, labor organizations, and employers. Partnerships move away from traditional enforcement methods and embrace collaborative agreements.

The Michigan Building and Construction Trades Council and many additional unions are supportive of this partnership.

NSF International and the Healthy House Institute Partner to Educate Consumers on Home Health and Safety

NSF International and the Healthy House Institute (HHI) are partnering to help educate consumers on a variety of home health and safety topics. NSF, a public health and safety organization, will provide content for the HHI website on food safety, hand washing, nutritional supplements, green living, and proper cleaning and maintenance of home appliance products.

NSF International is a global organization that writes product standards, and tests and certifies products for the food, water, nutritional supplements and consumer goods industries to minimize adverse health effects and protect the environment. As part of its mission, NSF International helps educate consumers on important human health topics, and HHI is committed to helping consumers make their homes healthier.

“We believe this partnership between NSF International and the Healthy House Institute will help consumers worldwide live healthier, initially by teaching them about how to improve their health and safety behavior in the home,” said Allen Rathey, Healthy House Institute President. “Consumers have become much more safety minded. Not only are they concerned about home safety, but they also seek out products that have been tested and certified against safety and quality standards by an independent organization. NSF International is the perfect partner to provide content for HHI, as they provide public health and safety services and test and certify a wide range of products, including nutritional supplements and home appliances.”

While NSF International will initially provide web content regarding safe food handling and preparation in the home, future topics will focus on proper hand washing, green living, nutritional supplement safety and proper cleaning and maintenance of home appliances.

“We look forward to working with the Healthy House Institute to help further educate consumers about how they can protect their family’s health,” said Robert Donofrio, Ph.D., Director of NSF International’s Applied Research Center, which conducts primary research to advance public health in water safety, food safety, as well as healthcare and consumer products. Dr. Donofrio, who also serves on the Healthy House Institute’s Advisory Board, added “Together, we can provide consumers with the information they need to make educated decisions about the products they purchase for better health.”

A recent independent survey conducted on behalf of NSF International indicated that consumers are concerned about the safety of their food, nutritional supplements and over-the-counter (OTC) medications as well as the overall quality and safety of products used in the home, including kitchen appliances. In fact, more than half of the respondents indicated concerns about the quality and safety of kitchen appliances, cookware materials and their coatings. Additionally, respondents who take dietary supplements daily (60%) tend to be more concerned about OTC medications than the general public (59% vs. 55%). This may be why 73% of those surveyed said they look for independent certification marks or seals of approval on products when shopping.

Through the partnership, NSF also hopes to educate more consumers about the importance of choosing certified home products. NSF has a 70-year history in certifying commercial foodservice equipment and last year began to apply this experience by developing a similar program focused on products used in the home. The NSF Home Product Certification (HPC) program builds on, but is separate from NSF’s commercial food equipment program, by helping to ensure the safety, performance and quality of home consumer products and appliances such as cookware, blenders and coffee makers. These products are tested to confirm that they meet criteria such as quality, performance, food contact and cleanability. The last factor is particularly important for preventing foodborne illness.

“Germs often gather in places we don't think about cleaning, which is why NSF's Home Product Certification program tests the cleanability of the products that bear the NSF Certified for Home Use mark, in addition to testing performance and durability,” said Lisa Yakas, a microbiologist who is Senior Project Manager for NSF’s Consumer Products Division. “When consumers purchase kitchen appliances certified by NSF, they’ll know that NSF also has verified the manufacturer’s cleaning directions, hence following these directions will help prevent the harboring of germs that can cause foodborne illnesses."

Through the NSF Applied Research Center, Yakas and Dr. Donofrio conduct an annual study on household germs and the most recent study focused on kitchen products. To help educate consumers about proper cleaning of these appliances, NSF recently released a list of the top six places in which foodborne illness-causing germs can hide when kitchen tools and appliances are not properly cleaned. These items included:

Refrigerator vegetable compartment: Salmonella, Listeria, yeast and mold
Refrigerator meat compartment: Salmonella, E. coli, yeast and mold
Blender gasket: Salmonella, E. coli, yeast and mold
Can opener: Salmonella, E. coli, yeast and mold
Rubber spatula: Salmonella, E. coli, yeast and mold
Food storage container with rubber seal: Salmonella, yeast and mold

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