OSHA announced it is revoking a provision of the steel erection standard that addresses the slip resistance of walking surfaces of coated structural steel members.
The provision requires that coated structural steel meet a specified level of slip resistance when measured using ASTM test methods. The technical developments that needed to occur for employers to comply with the provision by its effective date, July 18, 2006, have not occurred. The ability to comply with the slip resistance provision depends upon two technical developments: 1) completed industry protocols for slip testing equipment, and 2) the availability of suitable slip resistant coatings.
Rulemaking comments indicated that the test methods are not likely to be completed by the July effective date because ASTM will not have completed the required validation process. Comments also indicated that ASTM will likely withdraw the test methods altogether because they are brand-specific rather than generic. Lack of completed test methods has delayed the development of suitable slip resistant coatings. In addition, there has not been adequate testing of coatings to determine whether they have sufficient durability in the variety of applications in which they will be used, especially in corrosive environments.
In 2004, OSHA conducted a limited reopening of the rulemaking record, as part of a settlement to resolve legal challenges to the slip resistance provision. The Agency asked for comments on whether suitable and appropriate test methods and slip-resistant coatings could reasonably be expected to be available by July 2006. In the settlement agreement, the Agency also committed to publishing a notice by January 18, 2006, reaffirming, amending, or revoking the provision.
The steel erection standard is the first OSHA safety standard developed under the Negotiated Rulemaking Act of 1990 and the Department's Negotiated Rulemaking Policy. The standard addresses the hazards that have been identified as the major causes of injuries and fatalities in the steel erection industry. The slip resistance provision was not intended to be the sole or primary means of protecting workers from fall hazards. Rather, it was intended to complement other requirements in the steel erection standard as part of a collective strategy for reducing these fall-related injuries and fatalities.
Site Concrete Fined $117,500 for Cave-in and Other Safety Violations
Site Concrete Inc., an underground utility contractor that employs about 1,200 workers, was cited by OSHA for one alleged willful and two alleged repeat violations following an inspection by the agency's Dallas area office that began July 20 at the company's worksite on Alanis Lane in Wylie. At the time of the inspection, completed under OSHA's National Trenching and Excavation Program, four workers were installing a new valve on the water main inside a seven-foot deep trench.
"Since 1998, this employer has been inspected by OSHA 16 times, resulting in $231,510 in fines and penalties. Exposing employees to unsafe working conditions is unacceptable," said Kathryn Delaney, OSHA area director in Dallas. "Employers must follow safety and health standards to prevent injuries and fatalities, and are responsible for providing a safe and healthful workplace for their employees."
The willful citation was issued for failure to provide employees with cave-in protection, such as sloping or shoring, when working inside a trench greater than five feet deep. A willful violation is defined as an intentional disregard of or plain indifference to the requirements of the Occupational Safety and Health Act and regulations.
The repeat violations include placing excavated materials and equipment less than two feet from the edge of the trench and not providing adequate means to exit the trench. A repeat violation is one in which an employer has previously been cited for the same or a substantially similar violation that has become a final order.
OSHA Joins State of Illinois in Alliance to Raise Job Safety and Health Awareness
OSHA, the Illinois Small Business Development Center Network, and the Illinois Onsite Safety and Health Consultation Program signed a new alliance to help small businesses protect employees' health and safety.
"Alliances are one of the cornerstones in our efforts to prevent workplace injuries and illnesses," said Michael G. Connor, OSHA regional administrator in Chicago. "Enlisting the help of the state of Illinois in this effort will further our joint objective of improving safety in small businesses through enhanced communication about safety issues, development of safety programs, and an ongoing commitment to work together."
OSHA area offices in Aurora, Peoria, Chicago North and Calumet City will participate in the initiative. During the three-year alliance, OSHA and the state of Illinois will work together to develop and communicate information to help employers and workers recognize and prevent job-related hazards and to increase access to information and training resources. The alliance will develop safety and health training and education programs to improve business awareness of OSHA regulations, safety and health management systems and cooperative programs.
At conferences and public forums, OSHA and the state will share best practices and forge innovative solutions to address workplace hazards. Information will be distributed at seminars, meetings or workshops to raise awareness and demonstrate commitment to workplace safety and health.
The alliance will also promote and encourage participation in OSHA's cooperative programs. These include compliance assistance, safety and health consultation programs, the Voluntary Protection Programs and the Safety and Health Achievement Recognition Program.
OSHA Cites Three Contractors Following Fatal Accident at Ft. Jackson, S.C., Job Site
OSHA has cited Bulldog Office Contractors, Roscoe Allen Company and Southway Crane and Rigging for safety hazards that led to a fatal accident at a Ft. Jackson, S.C., job site. Proposed penalties total $73,600.
The three companies were contracted to install trailers at the military base. OSHA's investigation determined that, on Aug. 9, 2005, six Bulldog employees were holding cables positioned around a trailer while a crane lifted it from a staging area to a permanent location where it would be used as an office or barrack. During the move, the spreader bar rigging attached to the crane reportedly came in contact with energized overhead power lines transmitting electricity through the cables. One worker received a fatal shock and several others were injured.
"These companies were aware that workers were exposed to electrical hazards but took no action to de-energize the power lines, ground them, or install insulating barriers during the lift," said Suzanne Street, federal OSHA's Columbia area director. "This tragic accident could have been prevented."
Portal, Ga.-based, Bulldog Office Contractors received a proposed penalty of $49,000 for one willful citation for operating a crane within 10 feet of overhead power lines and a $9,800 penalty for two serious citations directly related to the accident -- failing to designate an employee to observe and warn of clearance distances between the crane and power lines and failure to advise employees of power line hazards. An additional penalty of $2,500 was assessed against the company for two serious citations for failing to provide fall protection for employees working in aerial baskets and to properly label equipment. Finally, the company was fined $2,500 for not reporting the fatal accident to OSHA within eight hours.
The general contractor, Ocilla, Ga.-based, Roscoe Allen, and the crane rental company, Lexington, S.C.-based, Southway Crane and Rigging, received one serious citation and a $4,900 fine each for operating a crane within 10 feet of overhead power lines.
Although most job safety and health inspections in the state are conducted by the South Carolina Department of Labor, federal OSHA retains jurisdiction on military posts and other federal property. Staff from the Columbia OSHA area office conducted the Fort Jackson inspection.
Denso Manufacturing Athens Tennessee, Inc., Earns Safety Award
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Tennessee Department of Labor & Workforce Development Deputy Commissioner Bob Henningsen announced that Denso Manufacturing Athens Tennessee, Incorporated (DMAT), was chosen to receive the Volunteer STAR (Safety Through Accountability and Recognition) award.
The Volunteer STAR award is the state's highest honor for workplace safety and health and a nationally recognized program. The standard for participation in the STAR program is the confirmation of a company's safety and health program which helps reduce accidents and injuries. The program also allows employers to be removed from programmed compliance inspection lists for a period of three years.
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"Denso has a remarkable safety history," said TDLWD Deputy Commissioner Bob Henningsen, who presented the STAR award to DMAT at the company's facility, 2400 Denso Drive, Athens. "The evaluation criteria for this award are ambitious, and Denso has worked conscientiously to meet and exceed the standards the award requires."
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For the period from 2001 to 2004, the site's Total Case Incidence Rate is 72 percent below the industry average; Days Away from Work and Restricted Activity and /or Transfer Case Incidence Rate (DART) is 58 percent below the industry average.
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Denso Manufacturing Athens Tennessee, Inc., President Makoto (Mark) Hori said, "On behalf of our associates, I am very proud to receive this honor today. I believe that this recognizes our excellent work force and their continuous commitment to safety."
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A certificate of recognition is awarded to the STAR recipient, as is a flag that can be flown at the site. The company is also permitted to use the Volunteer STAR logo on its correspondence and company documents.
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Denso Manufacturing Athens Tennessee, Inc., manufactures advanced automotive components. DMAT manufactures oxygen sensors, spark plugs, ignition coils, monolithic carriers, fuel injectors, air flow meters, and fuel rails. The facility employs approximately 900 full-time employees, 150 temporary employees, and 20 contractors.
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In 2005 Denso received the Commissioner's Award of Excellence for workplace safety, also part of the department's Safety Awards program.á
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OSHA Resuming Regular Enforcement along Most of U.S. Gulf Coast
OSHA will resume regular enforcement of job safety and health standards throughout much of the hurricane-impacted U.S. Gulf Coast.
As of Jan. 25, normal enforcement will be conducted throughout Florida and Alabama, in Mississippi north of Interstate 10, and in Louisiana except in seven parishes in and around New Orleans.
Following Hurricanes Katrina, Rita and Wilma, OSHA exempted a number of counties and parishes in Florida, Alabama, Mississippi and Louisiana from regular enforcement status. This action enabled OSHA staff to provide faster and more flexible responses to hazards facing workers involved in the cleanup and recovery. Thousands of crews and individual workers received job safety and health technical assistance. OSHA limited inspections to cases involving fatalities, catastrophic accidents or complaints."
We're now able to resume normal operations in several of the impacted areas where recovery-while still ongoing-has progressed more fully than other areas," said Acting Assistant Secretary of Labor for OSHA Jonathan L. Snare. "For the New Orleans area and south of Interstate 10 in Mississippi, we will continue to provide technical assistance to employers and workers by providing advice and information on hazards and the use of personal protective equipment and other safety measures. However, we will continue our traditional enforcement policy in response to employee complaints, major injuries or fatalities."
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Hearing Conservation for the Hearing-Impaired Worker
Hearing-impaired workers face many challenges in the workplace, including communication, identifying and using suitable hearing protection and the use of hearing aids at work. Industrial hearing conservation programs may not fully address the specific needs of hearing-impaired workers for hearing protection and communication.
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Consulate of Mexico in Omaha, Neb., Joins with OSHA and other Agencies to Form Safety and Health Alliance
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Establishing a collaborative relationship to help Mexican citizens working in Nebraska protect their working conditions and labor rights is the goal of a new alliance between the Occupational Safety and Health Administration (OSHA) and Wage and Hour Division of the U.S. Department of Labor, Nebraska Workers' Compensation Court, Nebraska Workforce Development and the Consulate of Mexico in Omaha. A signing ceremony was held Jan. 13 in Omaha.
OSHA alliances are part of U.S. Labor Secretary Elaine L. Chao's ongoing efforts to improve the health and safety of workers. The alliances provide an opportunity to participate in a cooperative relationship with OSHA for purposes such as training and education, outreach and communication, and promoting a national dialogue on workplace safety and health.
"This alliance is the first in the Midwest with the Mexican Consulate," said Charles E. Adkins, CIH, OSHA regional administrator in Kansas City.
The alliance will provide information, guidance and access to training resources to protect the health and safety of Mexican citizens working in the construction and meat processing industries and as migrant farm workers. Additional information may be obtained by contacting the OSHA area office in Omaha at 402-221-3182.
ExxonMobil Port Allen and Jacobs JE Merit Constructors Achieve OSHA Recognition
ExxonMobil Port Allen Lube Oil Bottling Plant and its primary resident contractor, Jacobs JE Merit Constructors Inc., have earned membership in the "Star" Voluntary Protection Program (VPP) of the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA). A recognition ceremony was held Thursday at the ExxonMobil Port Allen facility.
"These two organizations have demonstrated their commitment toward providing a safe and healthful work environment here in Port Allen," said Frank Strasheim, acting OSHA regional administrator in Dallas. "Their outstanding efforts exemplify the value of working with OSHA to prevent workplace injuries and illnesses."
Both plants have maintained injury and illness rates substantially below the national average.
The ExxonMobil Port Allen facility employs about 40 workers who blend, package and ship lubricants, and process oils and solvents. The plant is part of ExxonMobil Corp., headquartered in Irving, Texas.
Jacobs JE Merit Constructors employs about 96 workers in Port Allen. Contract services include packaging, warehousing, laboratory, shipping and maintenance support. The company is part of Jacobs Engineering Group Inc., headquartered in Pasadena, Calif.
About 1,370 work sites, representing more than 280 industries throughout the U.S., have earned OSHA's highest recognition as participants in OSHA's Voluntary Protection Programs. VPP participants typically achieve injury and illness rates at least 50 percent below their respective industry's average rates.
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American Public Health Association Adopts 19 New Policies
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Following are descriptions of the measures approved by the Association's Governing Council during its 133 rd Annual Meeting in Philadelphia, Dec. 10-14, 2005.
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Condemning torture of detainees by health professionals - Condemns health professionals' participation in, cooperation with or failure to report the mental or physical abuse of prisoners or detainees and supports the rights of health workers to be protected from retribution for refusing to participate in or cooperate with abuse or torture in military settings. Also urges school and programs educating health professionals to include training in ethical conduct.
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A public health approach to influenza vaccination - Supports universal influenza vaccination by, among many recommendations, calling for support of a federal vaccine purchase program for uninsured adults, encouraging proper public health preparedness in the event of an influenza vaccine shortage and urging the U.S. government to consider increasing incentives for pharmaceutical companies to invest in the research, development and production capacity of influenza vaccine.
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Economic support for Millennium Development Goals - Urges the World Bank and International Monetary Fund to support macroeconomic and lending policies that help developing countries reach the Millennium Development Goals, urges the United States and other wealthy nations to provide "long-term and predictable funding" to low-income countries to help those countries reach the Millennium Development Goals.
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Occupational health and safety for immigrants - Supports formalizing the Occupational Safety and Health Administration (OSHA)'s policy not to refer cases involving undocumented workers to immigration officials, creating initiatives to permit OSHA and the Employment Standards Administration to collaborate with community, faith-based and worker organizations to improve immigrant outreach and ensuring that all workers, regardless of immigration status, have access to workers compensation when injured.
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Protecting human milk from chemical contamination - Urges state, federal and international efforts to prevent toxic chemicals from polluting the environment and human milk, urges the U.S. government to fully implement the Stockholm Convention on Persistent Organic Pollutants, urges the Environmental Protection Agency to incorporate breastfeeding as one route of exposure in conducting risk assessments on chemicals and supports a national human milk monitoring program.
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Reducing occupational exposure to benzene - Urges Congress to fund the Occupational Safety and Health Administration at a level necessary to review current scientific evidence on benzene to establish a new standard, urges OSHA to consider evidence from epidemiological studies and risk assessments that consider multiple environmental sources of benzene exposure, urges federal funding for research to determine the level of benefits in morbidity, mortality and productivity of individuals and industries by establishing benzene standards.
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Protecting children from lead exposure - Supports the elimination of childhood lead exposure by banning all nonessential uses of lead and supports further reducing allowable lead levels in air emissions, house dust, soil, food and water. Also supports federal legislation to ban lead from candy wrappers and other consumer products and the development of an aggressive, culturally and linguistically appropriate prevention and education program by public health workers.
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Supporting global strategy on diet, physical education and health - Supports the World Health Organization's Global Strategy on Diet, Physical Activity and Health, encourages U.S. local, state, federal and tribal governments to develop strategies addressing the impact of overweight and obesity, encourages surveillance data on obesity to be maintained, supports obesity research and encourages organizations at all levels of American society to support nutritious food choices and physical activity.
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Addressing unmet end-of-life needs - Supports an active public health role in advocating for end-of-life issues, including honoring a patient's right to make end-of-life decisions. Promotes the use of hospice and palliative care through education of its availability and benefits by health care providers and supports federal priority recommendations for state health department action, such as collecting and analyzing data on end of life through state surveys.
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Sexuality education in schools - Urges all schools to plan and implement comprehensive sexuality education as an integral part of comprehensive K-12 school health education. The education must be scientifically and medically accurate, be consistent with community standards and be implemented in a non-judgmental manner that does not impose religious viewpoints on students. Congress should require that all sexuality education supported by the federal government be medically and scientifically accurate.
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Colorectal cancer screening - Urges employers and insurers to remove barriers to colorectal screening, urges state governments to require that all health insurers include full coverage for colorectal cancer screening and related diagnostic tests, urges state and local health departments to include colorectal cancers in all cancer screening programs and promote screening to their clients and encourages the federal government to collect data and promote colorectal cancer screening.
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Strengthening the public health work force - Urges Congress to provide adequate funding for a comprehensive national database on the public health work force, including race, ethnicity, gender and disability status; supports the developing of and funding for best practices for recruitment, retention and training of the public health work force and calls for increased funding for programs designed to improve public health leadership and management training.
The following seven policies were passed as latebreakers and will serve as interim policies until confirmed by the Governing Council at its 2006 meeting.
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Support for oral health programs - Actively supports the Alaska Dental Health Aide Therapist Program and other innovative programs and practices designed to help prevent and alleviate the great unmet oral health needs of Alaska Natives and supports innovative oral health programs for other under-served populations.
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Protection of rescue and recovery workers and volunteers - Urges several actions be taken to reduce the risks to rescue and recovery workers, volunteers and residents responding to disasters, including implementation of the National Response Plan's worker and community environmental testing and monitoring provisions, enforcement of all Occupational Safety and Health Administration and Environmental Protection Agency regulations, adoption of criteria for the remediation of contaminated soil prior to construction and protections for vulnerable workers, including immigrants and temporary workers.
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Ensuring access to care following hurricanes Katrina and Rita - Supports legislation designed to enable people from Louisiana, Mississippi, Alabama, Florida and Texas, who have been displaced by hurricanes and relocated, to have the ability to receive state-sponsored health care including Medicaid in the state of temporary residence, with the federal system paying for their health care until they are able to return to their homes or establish permanent residence in another location.
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Needs of immigrants following Gulf Coast hurricanes - Calls upon Congress and federal and state agencies to provide resources allowing for specific, targeted outreach to affected immigrant communities in the Gulf Coast, ensure that immigrant hurricane victims have immediate access to such benefits as Medicaid and food stamps, ensure continuity of refugee services and provide automatic extension of lawful status for people with non-immigrant visas.
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Access to contraceptive prescriptions - Supports many provisions to ensure women are able to have contraceptive prescriptions filled without interference or delay, including collaboration between pharmacist associations, pharmacies and schools of pharmacy to work with reproductive and public health professionals to conduct ongoing educational programs for pharmacists about the dispensing of contraception and emergency contraception. Continues to urge the U.S. Food and Drug Administration to make emergency contraception available over the counter.
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Increasing research funds for nanotechnology - Urges Congress and relevant federal agencies to dedicate at least $100 million of the total funding related to the National Nanotechnology Initiative annually for at least the next several years specifically to research on the occupational and environmental health and safety implications of nano materials.
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Reducing food-related disparities - Calls on Congress and the U.S. Department of Agriculture to implement policies that invest in prevention, productivity and economic revitalization by modernizing the federal statutes that authorize Food Stamp Nutrition Education, giving states more flexibility in funding and record-keeping, increasing food stamp minimum monthly benefits and providing technical assistance and evaluation for nutrition and public health between USDA and sister agencies of the U.S. Department of Health and Human Services.
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The association aims to protect all Americans and their communities from preventable, serious health threats and strives to assure community-based health promotion and disease prevention activities and preventive health services are universally accessible in the United States. APHA represents a broad array of health providers, educators, environmentalists, policy-makers and health officials at all levels working both within and outside governmental organizations and educational institutions.
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