Nanotechnology Presents New Questions for Occupational Safety and Health

November 23, 2015

Nanotechnology is transforming many industries, including construction. Nanomaterials are incredibly small—between 1 to 100 nanometers. At this size, materials can take on new properties. Experts are only beginning to understand the possible hazards for workers who handle these materials.  At this website, you can learn more about nanomaterials used in their trade and access additional information, including training and guidance documents.

New Exclusions for Solvent Recycling and Hazardous Secondary Materials

EPA’s new final rule on the definition of solid waste creates new opportunities for waste recycling outside the scope of the full hazardous waste regulations. This rule, which went into effect on July 13, 2015, streamlines the regulatory burden for wastes that are legitimately recycled.

The first of the two exclusions is an exclusion from the definition of solid waste for high-value solvents transferred from one manufacturer to another for the purpose of extending the useful life of the original solvent by keeping the materials in commerce to reproduce a commercial grade of the original solvent product.

The second, and more wide reaching of the two exclusions, is a revision of the existing hazardous secondary material recycling exclusion. This exclusion allows you to recycle, or send off-site for recycling, virtually any hazardous secondary material. Provided you meet the terms of the exclusion, the material will no longer be hazardous waste.

Learn how to take advantage of these exclusions at Environmental Resource Center’s live webcast where you will learn:

  • Which of your materials qualify under the new exclusions
  • What qualifies as a hazardous secondary material
  • Which solvents can be remanufactured, and which cannot
  • What is a tolling agreement
  • What is legitimate recycling
  • Generator storage requirements
  • What documentation you must maintain
  • Requirements for off-site shipments
  • Training and emergency planning requirements
  • If it is acceptable for the recycler to be outside the US

 

 

Charlotte RCRA and DOT Training

 

 

Wilmington RCRA and DOT Training

 

Cleveland RCRA and DOT Training

 

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.

Environmental Resource Center is offering live online training for you to learn how the new rule differs from current requirements, how to implement the changes, and when the changes must be implemented. 

 

Dying to Breathe—A Short Film Shows the True Cost of Gold in China

Silicosis is one of the unseen costs of gold mining in China—the world’s top gold producer. In China, silicosis is considered a form of pneumoconiosis, which affects an estimated six million workers who toil in gold, coal, or silver mines or in stone-cutting factories. It’s the country’s most prevalent occupational disease. 

Phone App Simplifies Trenching Calculations

Excavation of trenches might seem simple but if you aren't using a trench box or shoring then your trench must be excavated in a way so that the angles of repose (the angle made between the sides of your trench and the level ground around it) are within the limits of the soil you are digging in.

Sound complicated? Don't worry; Trench Right makes these calculations super easy! Just enter in some information about your trench's dimensions as well as the soil type as well as your penetrometer's TSF reading and they'll do the rest. Developed by Ingenious Robot, Inc., and sponsored by the Michigan Infrastructure & Transportation Association (MITA).

 

MooreCo Inc., Manpower Group US Inc. Fined $161,000 For Exposing Employees to Hazards

Twice in 14 months, MooreCo, Inc., temporary workers were seriously injured when inadequately guarded machines pulled them in, removing skin from the wrist up to the shoulder in the most recent incident, and from the wrist down in an earlier incident. As a result of the earlier incident, the employee's fingertips were also amputated.

OSHA cited repeated violations for exposing workers to moving machine parts and failing to shut down machinery properly.

"These violations exposed workers to dangerous moving machine parts that threaten life and limb," said Casey Perkins, OSHA's area director in Austin. "Placing MooreCo in the SVEP means the agency will not tolerate excuses and will hold the company accountable for exposing workers to avoidable hazards."

The agency also cited Manpower Group US, Inc., the temporary staffing agency providing MooreCo with workers, for one repeated violation for failing to provide machine guarding.

 

Clarion Sintered Metals Inc. Penalized for 37 Violations

 

On May 12, 2015, OSHA initiated an investigation after Clarion Sintered Metals reported the hospitalization of an employee whose right leg was crushed while loading cardboard into a stationary trash compactor. 

OSHA determined that the company failed to provide employees with access to emergency stop buttons while loading and unloading a stationary compactor, which directly contributed to the employee's leg injury and ultimate amputation. The employer also exposed workers to dangers including unprotected machinery, struck-by hazards, and use of uninspected and damaged equipment. The serious citations were issued for these violations.

The other-than-serious citations involved exit signs that were not illuminated and poor housekeeping.

Proposed penalties total $74,000.

"Because Clarion Sintered Metals failed to take action to protect its employees and correct unsafe conditions at its plant, a worker needlessly suffered the loss of a limb. Through effective use of machine guarding and employer provided worker training on how to do the job safely, this incident could have been prevented," said Theresa A. Naim, OSHA's area director in Erie.

Lack of Cave-In Protection at A. Martin & Son Construction Leads to Worker’s Death

As Davide Nascimento worked on the installation of a sewer line in an excavation on Hazardville Road in Longmeadow on July 31, 2015, a portion of roadway above the excavation collapsed and broke a six-inch water main pipe. Water from the pipe filled the excavation rapidly, trapping Nascimento, 28, who drowned.

An inspection by the Springfield, Massachusetts, Area Office of OSHA found that his employer, Ludlow-based contractor A. Martin & Son Construction, Inc., did not protect the water line against damage. The company also did not inspect the excavation for evidence of a situation that could result in a cave-in, such as damage from the previous night's rainstorm that weakened excavation walls.

"Mr. Nascimento would not have died had his employer followed proper procedures to identify and eliminate excavation hazards," said Mary Hoye, OSHA's area director in Springfield. "Trenching and excavation operations are among the most dangerous in construction work. 

Each citation carries a proposed penalty of $7,000, the maximum fine for a serious violation.

"Employees play a critical role in protecting themselves and their co-workers. They need to know the hazards of performing trenching and excavation operations and understand how they will be protected from those dangers," added Hoye.  children, friends and colleagues, employers can prevent needless worker 

A. Martin & Son Construction faces proposed fines of $14,000. 

Hunter Holmes McGuire VA Medical Center Exposes Workers to an Unsafe Workplace

 

On May 6, 2015, OSHA initiated its inspection in response to a complaint alleging inadequate protections for employees exposed to workplace violence hazards while providing patient care.

The willful violations involved the medical center exposing employees to workplace violence and physical assault, failing to train employees on the prevention and management of workplace violence, and failing to properly record workplace injuries and illnesses on OSHA 300 logs.

Supervisors and employees were not trained on recordkeeping, resulting in the serious violations. The other-than-serious violations all related to recordkeeping deficiencies.

The employer has 15 business days from receipt of the notices to comply or request an informal conference with OSHA's area director.

The Hunter Holmes McGuire VA Medical Center has been inspected six times since 1992. Four of those inspections resulted in notices, including in 2009 when the facility received notices for recordkeeping deficiencies. Nationwide within the past five years, 16 inspections of VA facilities resulted in notices issued for recordkeeping deficiencies, three of which were classified as repeat.

This is the third time in recent months that OSHA has issued notices related to workplace violence to a Veterans Affairs medical facility. Both the El Paso VA Health Care System and the Atlanta VA Medical Center were cited earlier this year for exposing employees to workplace violence and other hazards.

"The safety hazards identified at this facility demonstrate a need for a renewed commitment by the Department of Veterans Affairs to provide a safe workplace for the VA employees who care for our nation's service members, veterans, their families and survivors," said Stanley J. Dutko Jr., OSHA's area director in Norfolk. "All employers, including federal employers, are responsible for evaluating and determining the extent to which employees may be exposed to physical assault or other forms of workplace violence and taking the appropriate actions to eliminate or minimize that exposure. Every employer is responsible for ensuring their workplaces are safe and healthy for all employees."

Three Companies and Three Individuals Charged in Fatal 2012 Gulf of Mexico Oil Drilling Platform Explosion

Black Elk Energy Offshore Operations, LLC; Grand Isle Shipyards, Inc.; Wood Group PSN, Inc.; as well as Don Moss, 46, of Groves, Texas; Curtis Dantin, 50, of Cut-Off, Louisiana; and Christopher Srubar, 40, of Destrehan, Louisiana, have been charged with crimes for a November 2012 explosion on an oil production platform that resulted in the death of three workers, the injury of others and an oil spill, announced the Department of Justice’s Environment and Natural Resources Division and the US Attorney’s Office for the Eastern District of Louisiana.

According to the indictment, the defendants were involved in different capacities while construction work was being done of the West Delta 32 platform when it exploded.  Wood Group PSN, Inc., Moss, Dantin and Srubar are charged with felony violations of OCSLA and the Clean Water Act.

“Workers lives can depend on their employer’s faithfulness to the law, not least of all those working in oil and gas production where safety must be a paramount concern,” said Assistant Attorney General John C. Cruden for the Justice Department’s Environment and natural Resources Division. “The Justice Department is committed to enforcing the nation’s bedrock environmental laws that protect the environment, and the health and safety of all Americans.”

“The energy sector represents a vital industry in this region, but its work must be performed responsibly,” state US Attorney Kenneth Polite for the Eastern District of Louisiana. “Today’s indictment underscores that we will hold accountable all parties—both businesses and individuals—whose criminality jeopardizes our environment or risks the loss of life.”

“Developing domestic sources of energy must be done responsibly and safely,” said Assistant Special Agent in Charge Dan Pflaster of EPA’s Criminal Enforcement Program in Louisiana. “EPA will continue to work with its law enforcement partners to hold companies fully accountable for illegal conduct and to assure compliance with laws that protect the public and the delicate Gulf Coast ecosystem from harm.”

The Outer Continental Shelf Lands Act and federal regulations govern welding and activities that generate heat or sparks, known as “hot work,” on oil production platforms in US waters. Because this work can be hazardous and cause explosions, regulations mandate specific precautions that must be taken before the work can commence. For instance, before hot work can be performed, pipes and tanks that had contained hydrocarbons must be isolated from the work or purged of hydrocarbons. Gas detectors and devices used to prevent gas from travelling through pipes must be used. According to the Indictment, these safety precautions were not followed and an explosion causing the deaths of three men and a spill resulted

An indictment is only an allegation of wrongdoing and the defendants are presumed innocent unless proven guilty at trial.

OSHA Seeks Public Comment as it Updates Safety and Health Program Management Guidelines

 First published in 1989, the guidelines are being updated to reflect modern technology and practices.

These guidelines are intended to help employers establish health and safety management plans at their workplaces. Key principles include finding and fixing hazards before they cause injury or illness, and making sure that workers have a voice in safety and health.

The updated guidelines should be particularly helpful to small- and medium-sized businesses. They also address ways in which multiple employers at the same worksite can coordinate efforts to make sure all workers are protected.

"The goal of safety and health management is to prevent workplace injuries, illnesses, and deaths," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "Employers who embrace these guidelines will experience lower injury and illness rates, and their progress in improving the safety culture at their worksites will contribute to higher productivity, reduced costs, and greater worker satisfaction."

 

The guidelines are advisory only and do not create any new legal obligations or alter existing obligations created by OSHA standards or regulations.

MIOSHA, O'Brien Edwards Brinkmann Joint Venture form Partnership to Protect Workers on Detroit Mixed Housing Project

O’Brien Edwards Brinkmann Joint Venture, the Department of Licensing and Regulatory Affairs (LARA) and the Michigan Occupational Safety and Health Administration (MIOSHA) signed a formal partnership with the goal of zero worker injuries, Martha Yoder speaks at event accidents and near misses during the construction of a $65 million mixed housing project along the Detroit riverfront.

Phase I of the Orleans Landing Rivertown project will consist of new residential and commercial properties, including 278 luxury apartment units, a clubhouse, outdoor amenities, and 10,500 square feet of retail space.

Construction officially began in October 2015 and is expected to be completed in April 2017.

“MIOSHA commends O’Brien Edwards Brinkmann Joint Venture and partnering unions and subcontractors for their commitment to worker safety on this exciting new project,” said MIOSHA Director Martha Yoder. “The agency takes great pride in forming partnerships with Michigan companies that put the safety and health of workers above all else.”

Signing partners included Yoder and Tim O’Brien, Vice President of O’Brien Edwards Brinkmann JV, along with partnering employers.

“We believe that no job or no task is more important than all workers’ health and safety,” said O’Brien. “We are very pleased that MIOSHA has agreed to join with our JV firms on O’Brien’s second MIOSHA partnership. With MIOSHA’s assistance, our first partnership led to a project with zero lost workdays. We look forward to the same results on Orleans Landing.”

Partnerships are an important emphasis in the MIOSHA Strategic Plan to improve the health and safety of workers through cooperative relationships.

The safety and health of the construction project’s employees is fundamental to this partnership with MIOSHA. The leadership of O’Brien Edwards Brinkmann Joint Venture, partnering contractors, LARA and MIOSHA are aligned and committed to achieving the objective of worker protection by providing a workplace with an effective safety management system that is hazard-free.

All partners agree to commit their leadership, time and resources to achieve this valuable goal.

Key elements of the site-specific safety and health program for reconstruction include:

  • 100% personal protective equipment.
  • Mandatory attendance to a project safety orientation
  • All crane operators will be Certified Crane Operators (CCO) as recognized by National Commission for the Certification of Crane Operators (NCCCO) and other recognized certification agencies
  • Mandatory pre-work substance abuse testing
  • Mandatory post-accident substance abuse testing
  • Pre-task plans are to be completed prior to shift and used to document any changing conditions
  • Contractors shall provide a competent and/or qualified person for work operations as identified by a MIOSHA standards and/or O’Brien Edwards Brinkmann Joint Venture
  • O’Brien Edwards Brinkmann Joint Venture and the partnering employers on this project will uniformly enforce a disciplinary action plan for employees who fail to work in a safe manner. Automatic dismissal from this project shall result from any willful or deliberate violation of safety rules or safety policies and procedures.

“The MIOSHA program is dedicated to partnering with employers to continually improve Michigan’s workplace safety and health,” said Yoder. “A MIOSHA partnership offers employers a voluntary, cooperative relationship with the agency to help eliminate serious hazards and achieve significant safety and health management goals.”

The partnership does not preclude MIOSHA from enforcing its mission of addressing complaints, fatalities, or serious accidents, nor does it infringe on the rights of employees to report workplace hazards.

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