The final rule went into effect on November 9, 2015.
NTSSA establishes protections against retaliation for public transportation agency employees who engage in whistleblowing activities related to public transportation safety or security. FRSA provides protections against retaliation for railroad carrier employees who report a work-related injury or engage in other whistleblowing activities related to railroad safety or security. These protections extend to employees of contractors and subcontractors who do work for public transportation agencies and railroad carriers.
Both provisions were enacted by the 9/11 Commission Act of 2007. FRSA was amended in 2008 to prohibit railroad carriers from denying, delaying, or interfering with employees' medical or first aid treatment. The FRSA amendments also require that injured employees be promptly transported to the nearest hospital upon request.
"Railroad workers have the right to report injuries and to follow their doctor's treatment plans for injuries sustained in the course of their employment without fearing that they will be retaliated against," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "Railroad and public transit agency workers must never be silenced by the threat of losing their job when their safety or the safety of the public is at stake."
In 2010, OSHA published an interim final rule and requested public comments. The final rule responds to the comments, incorporates recent case law under the statutes and updates the rules to improve both employees' and employers' access to information about the case during OSHA's investigation and their ability to participate in OSHA's investigation.
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.
Diaminotoluene (Mixed) Delisted as Carcinogen
The Office of Environmental Health Hazard Assessment (OEHHA) of the California Environmental Protection Agency is removing a chemical from the list of chemicals known to the state to cause cancer, for purposes of the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65).
Diaminotoluene (mixed) was originally added to the Proposition 65 list under the authoritative bodies listing mechanism on January 1, 1990. Regulations governing the listing of chemicals under the authoritative bodies mechanism are published in Title 27, California Code of Regulations, Section 25306.
While the EPA (1988) document that provided the basis for the listing indicates that the hazard ranking of diaminotoluene (mixed) “is applicable to all isomers of diaminotoluene,” and that the “evidence on potential carcinogenicity from animal studies is sufficient,” the EPA document also indicates that “this evidence is based on the carcinogenic properties of the isomer 2,4-diaminotoluene.” No other information on the mixture or individual isomers is included in the EPA document. For this reason and in accordance with 27 CCR, Section 25306(j), OEHHA referred the chemical to the Carcinogen Identification Committee (CIC) for a recommendation concerning whether the chemical should continue to be included on the list of chemicals known to the state to cause cancer.
Therefore, diaminotoluene (mixed) is delisted effective November 20, 2015.
. A complete, updated chemical list denoting these chemicals in strikeout is published elsewhere in this issue of the California Regulatory Notice Register.
The chemical delisting is effective on November 20, 2015
Unguarded Balcony, Lack of Fall Protection Cause Death of Dallas Construction Worker, Leads to $407,400 Fine
A fall from a third-story balcony killed 44-year-old Jorge Carrion Torres as he worked on the exterior of an apartment complex on May 14, 2015. Torres, who had been on the job for one month, was applying stucco underlayment to the balcony walls when the incident occurred. His employer had not installed scaffolding and had not provided Torres or his co-workers with personal fall protection.
OSHA cited his employers, Design Plastering, Inc., and Design Plastering West, LLC, of Phoenix, on November 10 for eight egregious willful and four serious violations. Previously, the state OSHA in Arizona had cited Design Plastering seven times for allowing fall-related hazards.
“When an employer fails to put up a guardrail or scaffolding, or doesn't provide personal fall-arrest systems, anyone working at a height of six feet or more is defenseless against a fall. OSHA will not tolerate this kind of employer behavior," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels.
"This senseless loss of a man's life is the result of this employer's failure to comply with clear OSHA safety requirements despite the fact that it had been previously cited for the same violations," Michaels added. "Design Plastering has been cited for $5,850 in the past for fall hazard related violations. Clearly, these penalties were not sufficient to deter this employer's unlawful actions."
. Falls are the leading cause of death for construction workers, accounting for nearly 40% of 2014's construction fatalities. Texas leads the nation in construction fatalities.
Based in Phoenix, plaster and stucco contractors Design Plastering and Design Plastering West employ about 90 workers.
Tomra NY Recycling LLC Fined $84,000 After Worker Struck by Forklift
A worker at Tomra NY Recycling, LLC's, Schenectady, New York, recycling facility was operating a baler on May 14, 2015, when he was struck by a forklift that was attempting to pass by. The worker sustained a compound leg fracture.
The inspection by the Albany Area Office of OSHA found that the aisle was not wide enough to allow safe passage by the forklift, and that the forklift was driven too close to the employee. Deficiencies included defective lights, horns, tires, and safety equipment, and oil leaks.
Proposed penalties total $84,000.
"This injury could have been prevented, and the employer's failure to properly maintain forklifts and ensure adequate clearance exposed all facility workers to unnecessary dangers. Allowing defective forklifts to operate in a workplace puts employees at risk of being struck or crushed by these vehicles. For the well-being of its employees, Tomra must correct these hazards and ensure they do not occur again," said Amy B. Philips, OSHA's acting area director in Albany.
Mr. Rooter Repeatedly Exposed Workers to Trench Hazards
For the fifth time in three years, a Schaumburg employer put its workers in a trench without providing cave-in protection or a safe means of exit. As a result, two workers risked being crushed under thousands of pounds of soil if trench walls collapsed.
The company also received two repeated OSHA safety citations for not providing safe egress from a trench and protective helmets for employees. Proposed penalties total $63,910.
"An unprotected trench can bury a worker in seconds and cause severe or fatal injuries," said Angeline Loftus, OSHA's area director at its Chicago North Office in Des Plaines. "Last year, a Mr. Rooter employee escaped serious injury in a trench collapse in Niles. It is inexcusable that this employer continues to expose workers to dangerous conditions. The company knows that every trench deeper than 5 feet must have cave-in protection."
Austin Employers Fined After Worker Suffers Amputation
OSHA initiated the May 18 inspection after a worker’s hand was caught in the machine and amputated.
Genesis Today fines total $56,000 and Texas Management Division fines total $7,000.
“The loss of his hand is going to affect this worker for the rest of his life, and it was entirely preventable. If his employer had followed common sense safety procedures, he could have avoided this devastating injury. Temporary workers face the same hazards that full-time workers do and they must be protected and properly trained,” said Casey Perkins, OSHA’s area director in Austin. “The host employer and the staffing agency are both responsible for keeping their workers safe.”
Alberto El Romero Fined $51,590 for Exposing Workers to Falls
Workers were performing stucco operations on a work site located at 1011 South 7th Street in Philadelphia.
OSHA initiated the inspection in response to a complaint alleging that employees were working from a scaffold without guardrails, exposing them to fall hazards. The company was cited for hazards related to scaffolds, including failing to fully plank the scaffold, not providing safe access and a lack of fall protection and fall protection training. Citations were also issued because the company failed to install toe boards and ensure that workers wore hard hats.
Proposed penalties total $51,590.
“By not providing the proper scaffolding and fall protection, Alberto El Romero is taking unnecessary chances with workers’ lives,” said Nicholas DeJesse, director of OSHA’s Philadelphia Area Office. “Falls are the leading cause of fatalities on construction sites, so it is vital that employers stay vigilant in protecting workers from those hazards.”
OSHA and the American Red Cross Renew Alliance Focused on Protecting the Safety and Health of Volunteers, Employees
OSHA and the American Red Cross recently renewed their alliance to continue efforts to reduce workplace incidents and protect workers from hazardous exposures. During this five-year alliance, OSHA and the Red Cross will focus on providing workers and employers with information and training resources on emergency preparedness, disease prevention education and first aid.
"Our alliance with the Red Cross over the past 10 years has allowed us to share safety and health information with workers, particularly those most vulnerable to workplace hazards," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "We look forward to continuing this partnership to provide workers with the resources necessary to stay safe and healthy on the job."
The Red Cross has been helpful in sharing information on updates to OSHA's injury reporting requirements and also hosted a webinar on bloodborne pathogens and prevention of disease transmission in the workplace.
"This alliance reaffirms our commitment to training and preparation to help save lives," said Dominick Tolli, Vice President, Preparedness and Health and Safety Services at the Red Cross. "Knowing the correct steps to take in those critical first moments of an emergency can mean the difference between life and death."
Founded in 1881, the Red Cross helps communities through disaster preparedness and service. Volunteers and staff provide care to people affected by disasters in the United States and support members of the military and their families. The Red Cross also facilitates blood collection and distribution, health and safety education and training, and international relief and development.
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 or any other enforcement benefits.
OSHA Renews Alliance with Georgia Youth
OSHA and the OSHA Sustainable Workforce Alliance, formerly the Georgia Youth Alliance, renewed their agreement on November 5, with a continued emphasis on youth workers. Specifically, the OSHA Sustainable Workforce Alliance is committed to providing members and others with information, guidance and access to training resources that will help them protect the health and safety of youth workers and educators in career/technical education programs throughout Georgia. Through the alliance, members and others will continue to address the exposure of youth workers to prevalent hazards in the construction and general industries, and provide them with an understanding of worker's rights and the responsibilities of employers under the Occupational Safety and Health Act.
This agreement was originally established in 2006 in support of the agency's Young Worker Initiative, to provide information and resources to teenagers, parents, educators and employers to ensure safe and rewarding work experiences. The OSHA Sustainable Workforce Alliance represents the collaboration of organizations and agencies across the state working together to promote and ensure the creation of a safe and sustainable future workforce.
This agreement will remain in effect for five years.
"The renewal of this alliance reflects the importance of recognizing the value of maintaining a collaborative relationship between public services and private businesses to foster safer and healthier environments for American workers," said Teresa Harrison, OSHA's deputy regional director in Atlanta. "This alliance will continue to help develop effective training programs, promote positive workplace awareness and open communication between OSHA, employers and workers."
Participants include:
- OSHA's Atlanta-East, Atlanta-West and Savannah Area Office
- Georgia Local Section – American Industrial Hygiene Association
- Georgia Chapter – American Society of Safety Engineers
- Georgia Tech Research Institute's Occupational Safety and Health Division
- Southeast Center for Young Worker Safety and Health
- The US Department of Labor's Wage and Hour – Atlanta District Office
- Brasfield & Gorrie, LLC
- WestRock
- HDS Consulting
- Georgia Concerned Beauty Professionals
- Associated General Contractors of Georgia
- Georgia Department of Education
- Construction Education Foundation of Georgia
- Georgia Department of Economic Development
- Gilbane Building Co.
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