OSHA to Focus on Companies Using Highly Hazardous Chemicals

November 17, 2014

The program will include programmed health inspections at funeral homes, chemical and product manufacturing plants, printing facilities and outpatient care centers.

"This local emphasis program will allow OSHA to use its resources efficiently by focusing on industries that are known to use these types of highly hazardous chemicals," said Bonita Winingham, area director for OSHA in Omaha. "Through this program, OSHA will improve education for company management and strengthen worker protections."

These regulations include exposure limits and monitoring requirements.

Industry sectors were selected for inspection based on recorded violations of these expanded health standards and the frequency of inspection in 2013.

Local emphasis programs are enforcement strategies designed and implemented at the regional and/or area office levels. These programs are intended to address hazards in industries that pose a particular risk to workers in the office's jurisdiction. Often, these local emphasis programs are accompanied by outreach intended to make area employers aware of the program and the hazards that the programs are designed to reduce or eliminate.

 

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.

 

Wilmington RCRA and DOT Training

 

Raleigh Area 24-Hour HAZWOPER Training

 

Cleveland RCRA and DOT Training

 

National Library of Medicine Updates Chemical Hazards Emergency Medical Management

The National Library of Medicine (NLM) has released a new version of Chemical Hazards Emergency Medical Management (). New or updated content in CHEMM includes: 1) updated and enhanced content on decontamination procedures, discovering the event, and training and education; 2) an NIH CounterACT program funded database with information on twenty-two medical countermeasures; and 3) content for how emergency responders can recognize and handle events dealing with toxic gases generated by the combinations of consumer products, or common household chemicals.

New Reference Exposure Levels Proposed for Toluene Diisocyanate and Methylene Diphenyl Diisocyanate

 These documents are for review and comment by the panel at the Science Review Panel Meeting on December 12, 2014. RELs are airborne concentrations of a chemical that are not anticipated to result in adverse non-cancer health effects for specified exposure durations in the general population, including sensitive subpopulations.

OEHHA is required to develop guidelines for conducting health risk assessments under the Air Toxics Hot Spots Program (Health and Safety Code Section 44360(b)(2)). In response to this statutory requirement, OEHHA develops RELs for many air pollutants. The MDI and TDI RELs were developed using the most recent "Air Toxics Hot Spots Program Technical Support Document for the Derivation of Noncancer Reference Exposure Levels," finalized by OEHHA in 2008.

These two draft documents were released for a 75-day public review and comment period on July 4, 2014. 

Protecting Workers: Preparing for Ebola

The Rutgers School of Public Health is helping healthcare workers, firefighters, EMS workers, and other first responders across New Jersey prepare for an outbreak of Ebola, or another contagious disease. 

CDC Increasing Supply of Ebola-Specific Personal Protective Equipment for US Hospitals

The Centers for Disease Control and Prevention (CDC) has ordered $2.7 million in personal protective equipment (PPE) to increase Strategic National Stockpile (SNS) supplies to assist US hospitals caring for Ebola patients. Products are being configured into 50 kits that can be rapidly delivered to hospitals. Each kit can provide the PPE needed by clinical teams to manage the care of one Ebola patient for up to five days.

Purchases are based on PPE guidance for caring for Ebola patients that was issued by the CDC on October 20. As product is delivered to SNS facilities, it is assembled into kits by SNS personnel. The kits can be rapidly delivered from the SNS as requested to those hospitals that receive suspected or confirmed Ebola cases but may need additional PPE supplies that otherwise are not immediately available.

Although the number of kits is limited, they will help address short-term PPE needs. Purchases include impermeable gowns, coveralls, and aprons; boot covers; gloves; face shields and hoods; N95 respirators; powered-air purifying respirator systems and ancillaries; and disinfecting wipes.

Since the issuance of the CDC guidance, there has been a sudden increase in demand for PPE. Across the United States, availability for these products varies by product type and model, requested quantity, manufacturer, distributor, and geographic region.

“We are making certain to not disrupt the orders submitted by states and hospitals, but we are building our stocks so that we can assist when needed. Some of these products are not normally used by hospitals for regular patient care,” said Greg Burel, director of CDC’s Division of Strategic National Stockpile.

There are alternatives that can be used in the event certain products are unavailable, and those alternatives are included in CDC’s guidance. CDC continues to coordinate with manufacturers, distributors and health care facilities to monitor the availability of products in the supply chain. No products are being held by manufacturers or distributors specifically for SNS orders, and SNS orders are not being prioritized ahead of orders placed by hospitals.

Hospitals should coordinate with their state public health departments if there is a need to request PPE supplies from CDC to care for an Ebola patient. The state health department will follow the established protocol for submitting this request to CDC. 

Cal/OSHA Cites Fuel Distributor Nearly $100,000 after Fatal Explosion

Cal/OSHA has cited fuel distribution company National Distribution Services, Inc. (NDS), $99,345 following an investigation into an explosion at the company’s Corona facility that killed one employee and left another with severe burns. The owner of the company has been previously cited for similar incidents.

On May 6, 2014, two employees attempted welding operations on a 9,000-gallon tanker truck containing an unknown amount of crude oil. The tank had not been purged or tested for flammable vapors, resulting in the explosion. Samuel Enciso, 52, was a welder who had been with NDS for four years. He was found dead on the floor of the facility with his right hand and lower arm completely severed. A second employee with five years of experience suffered burns to more than 50% of his body.

Investigators from the San Bernardino Cal/OSHA District Office determined that NDS contributed to this incident by failing to have required safety procedures in place for working with flammable vapors. Additionally, investigators found that NDS failed to train employees on the dangers of welding near combustible materials.

“California requires employers to have and adhere to an Injury and Illness Prevention Program,” said Christine Baker, Director of the Department of Industrial Relations (DIR). Cal/OSHA, formally known as the Division of Occupational Safety and Health, is a division of DIR. “This preventable death is a reminder of what can happen when that requirement is ignored,” said Baker.

While investigating the May 6 event, investigators learned about a previous explosion at the Corona facility that occurred under similar circumstances, and involved the same two NDS employees. On September 25, 2012, the lid of a fuel tanker blew through the ceiling of the repair facility after the employees commenced welding on a truck filled with flammable vapors. No injuries occurred on that date.

“Enforcement of California safety laws sends a message to non-compliant employers,” said Juliann Sum, Acting Chief of Cal/OSHA. “You cannot cut corners when it comes to worker safety.”

The company appealed the order in September.

The owner of NDS, Carl Bradley Johansson, served prison time following a previous similar incident. In the 1990s, Johansson operated a business in Montebello known as Atlas Bulk Carriers. On September 27, 1993, there was an explosion involving welding operations on a fuel tanker that had also not been purged or tested. This incident also took the life of a welder employed by the company. Atlas Bulk Carriers was cited by Cal/OSHA for this incident.

EU Assesses Workplace Safety and Health in the Healthcare Sector

Health and social care is one of the main sectors in Europe, employing approximately 10% of the EU workforce, with women representing 77% of healthcare workers. It is a sector that is expanding rapidly, and will provide increasing employment opportunities for the foreseeable future, as a result of Europe’s ageing population, the expansion and development of services to meet the demand for better quality care and an increasing demand for personal care services.

Because of the many different, and sometimes uncontrolled, settings in which they work and the range and type of tasks they carry out, healthcare workers encounter a wide range of risks. These include biological and chemical risks (such as infections from needle stick injuries and handling hazardous substances); ergonomic risks arising from patient handling; and psychosocial risks resulting from working unsocial hours, emotionally draining work, and exposure to aggressive behavior.

All this adds up to make health and social care a high-risk sector. Although technological advances have helped to reduce or remove some of the traditional risks in the sector, the number of work-related accidents and diseases is still unacceptably high. In addition, these technological advances bring with them new hazards that need to be addressed.

 “This report is published at a time when healthcare workers are increasingly exposed to a variety of risks that range from work-related stress or burnout to exposures to tropical diseases such as the Ebola virus. In addition, many healthcare systems in Europe are currently undergoing a process of reform. One of the key features of the healthcare sector is that the care of patients is quite rightly the main priority—but sometimes this has been to the detriment of workers’ safety and health. We need to get the message across that, in order to achieve and maintain high-quality patient care, we must make workplace safety and health a priority.”

This report gives an overview of the current and emerging OSH issues for health and social care workers and how these affect their safety and health at work and influence the quality of care they provide. It highlights the challenges facing the sector, including shortages of skilled and experienced professionals, an ageing workforce, increased use of technology requiring new skills and the introduction of new care pathways to tackle multiple chronic conditions.

The fact that people are living longer and increasingly needing long-term care shifts the emphasis from the controlled setting of acute hospital care to care in the community and people’s homes. The home care setting presents a particularly difficult work environment owing to small work spaces, lack of training, lone working, little or no supervision, and having to face the same hazards as those encountered in, for example, hospitals but with insufficient measures in place to control the risks.

By combining a state-of-the-art literature review and a survey that was developed and sent to OSH professionals in all Member States, this report allows the findings in the literature to be compared with those from the “front line.” The results provide guidance for policy-makers, researchers, and OSH professionals in terms of improving workplace safety and health in this sector. Something that is essential if the healthcare sector is to meet the challenges it faces and provide high-quality patient care well into the future.

OSHA Schedules Meeting of National Advisory Committee on Occupational Safety and Health

OSHA will hold a meeting of the National Advisory Committee on Occupational Safety and Health, December 10, 2014, in Washington, D.C.

NACOSH advises, consults with and makes recommendations to the secretaries of labor and health and human services on matters relating to the Occupational Safety and Health Act including regulatory, research, compliance assistance and enforcement issues. NACOSH consists of 12 members representing workers, employers, safety and health professionals, states, and the public. NACOSH holds two to four meetings per year, which are open to the public.

The agenda includes remarks from Dr. David Michaels, assistant secretary of labor for occupational safety and health and Dr. John Howard, director of the National Institute for Occupational Safety and Health, updates on Ebola activities, Preventing Occupational Illness Through Improved Chemical Management, and Protecting Temporary Workers.

The committee will meet from 9 a.m. to 5 p.m. ET in Room N-4437 A-C at the US Department of Labor, 200 Constitution Ave., N.W., Washington, DC 20210. 

Secretary of Labor Thomas E. Perez recently appointed eight people to serve on NACOSH. The following four new members will serve a three-year term:

  • Dr. Lisa Brousseau, University of Illinois at Chicago, School of Public Health – public representative
  • Lamont Byrd, International Brotherhood of Teamsters – labor representative
  • Rick Ingram, BP, management representative
  • Jessica Martinez, National Council on Occupational Safety and Health Network – safety representative

In addition, the Secretary reappointed the following four NACOSH members to serve another two-year term:

  • James Johnson, National Safety Council, Workplace Safety Initiatives – safety representative
  • Margaret Seminario, AFL-CIO - labor representative
  • Anne Soiza, Washington Division of Occupational Safety and Health – public representative and NACOSH Chair
  • Dr. Joseph Van Houten, Johnson & Johnson, Worldwide Environment, Health and Safety – management representative

CSB Proposes a More Rigorous Refinery Industry Regulatory System in California

In the final Regulatory Report unanimously approved by the CSB Board and released to the public, the US Chemical Safety Board (CSB) proposes recommendations for substantial changes to the way refineries are regulated in California. 

The Regulatory Report is the second part of three in the CSB’s investigation of the August 2012 process fire in the crude unit at the Chevron refinery in Richmond, California. That fire endangered 19 workers and sent more than 15,000 residents to the hospital for medical attention.

CSB Chairperson Dr. Rafael Moure-Eraso said, “The CSB will be holding a public meeting in mid December to release the third part of its investigation. The goal of the CSB’s work is to protect worker and public safety in California. I have great confidence that California will embrace the recommendations in our Regulatory Report.”

Following the Chevron Richmond refinery incident, the state of California has worked to revise and strengthen its PSM requirements. On September 9, 2014, the State of California Department of Industrial Relations, Division of Occupational Safety and Health (Cal/OSHA) released its Draft Process Safety Management for Refineries Regulation. The draft regulation includes a number of more rigorous requirements. The draft regulation incorporates a risk-reduction goal of “the greatest extent feasible” for process hazard analyses and proposes significant new requirements such as performing damage mechanism reviews and hierarchy of controls analysis. Chairperson Moure-Eraso added, “California’s draft regulations address numerous issues raised in the CSB regulatory report, and the CSB will be monitoring the California rulemaking process closely to see if those provisions remain in the final rule.”

At a January 2014 public meeting in Richmond, CA the board approved a motion to allow for additional study of this incident. Since that time CSB staff and board members have traveled to the UK to fully study regulatory regimes of onshore and offshore facilities in the UK—amongst a number of issues staff examined workforce participation, continual improvement and transparency issues as the currently exist in the UK. 

Investigator Amanda Johnson said, “The CSB’s regulatory report concludes that under the existing US and California regulatory systems, there is no requirement to reduce risks to a specific target, such as, for example, to as low as reasonably practicable, or ALARP—similar principles have been adopted in Europe and Australia in the refinery and chemical sectors, as well as the nuclear and space sectors in the US.” Such a target would also require adaptability and continuous improvement, which is vital in responding to newly discovered hazards and lessons from chemicals incidents.

Dr. Rafael Moure-Eraso said, “The current regulatory system for process safety is largely reactive, at both the state and federal level; companies have a default right to operate, and are subject to penalties when accidents occur or their activities otherwise draw negative attention from regulators. In the case of the Chevron refinery fire, the reactive system of regulation simply did not work to prevent what was ultimately a preventable accident.”

The regulatory report details how attributes of a more robust and adaptive process safety management approach would greatly enhance existing state and federal process safety regulations. Such attributes include a more comprehensive process hazard analysis; documented use of inherently safer systems analysis and the hierarchy of controls to the greatest extent feasible with the goal of continuous risk reduction to a specified risk target; analysis of the effectiveness of safeguards intended to control hazards; the effective use of process safety indicators that drive performance; and more thorough inspections and audits by a technically qualified regulator.

The CSB notes that these enhancements would provide the adaptability necessary to keep current with improving standards and advancing technology, without requiring lengthy and often unproductive rulemaking on the part of the regulator.

Effective implementation of this system requires strong workforce involvement, proactive inspections and enforcement by a well-resourced regulator, as well as incorporation of best practice performance standard requirements. Don Holmstrom, director of the CSB’s Western Regional Office noted that the Chevron report recommends significant improvements to empower workers and their representatives. “The report recommends that the regulator recognize worker safety representatives who have the right to participate in improvements to process safety and if necessary have the legal authority to stop unsafe work—the Chevron incident showed these reforms are sorely needed.”

Chairperson Moure-Eraso said, “Workers, the public and the industry itself would benefit from an adaptable, robust and effective regulatory approach. The recent bipartisan law passed last month by the California legislator to provide regulators with detailed information concerning extensive maintenance overhauls and repair operations at refineries within the state is certainly a step in the right direction.”

EU Report Shows how Healthy Workplaces are Managing Stress

One-quarter of workers in Europe report feeling stressed at work all or most of the time, and a similar proportion say that work affects their health negatively. Psychosocial risks—for example, monotonous tasks, high work intensity, tight deadlines, work-life unbalance, violence, and harassment from the public or from colleagues—contribute to work-related stress. A new report, published as part of a Europe-wide campaign Healthy Workplaces Manage Stress gives a broad overview on psychosocial risks at European workplaces and gives examples on the way forward at political as well as company level—all illustrated with real-life examples and case studies.

The report acknowledges the complexity of the relationship between health and work and recognizes that practical support is needed to bring about change. It provides a snapshot of working conditions and the incidence of psychosocial risks in Europe, discusses how to manage those risks in the workplace, and outlines policy interventions.

Director of EU-OSHA, Dr Christa Sedlatschek, described the report as an excellent example of interagency collaboration. “One of the key messages of our 2014–15 Healthy Workplaces Campaign is that psychosocial risks, although more sensitive, can be tackled in the same systematic way as ‘traditional’ workplace risks. By combining their strengths, EU-OSHA and Eurofound have produced a state-of-the-art review that will make an important contribution to the success of this campaign in getting that message across. In the same way, by working together, management and employees can tackle workplace stress effectively.”

Director of Eurofound, Juan Men?ndez-Vald?s, commented that, “Reducing psychosocial risks and protecting workers from these risks is critical for allowing longer working lives and preventing early labor market exits. Evidence shows that policies are not developed to the same extent in all European countries, which can be explained by the different traditions of social dialogue and different governmental approaches, often related to the importance the country gives to psychosocial risks. We hope that our joint report will provide practitioners and policy-makers with both the insight and incentive to overcome these challenges of psychosocial risks in the workplace. Research shows that the role of social dialogue and social partners is relevant to raise awareness and implement interventions.”

The report is being launched in Brussels on 16 October at a seminar bringing together policy-makers, occupational safety and health (OSH) professionals, researchers, and representatives of employers and trade unions from across Europe to discuss and share approaches for supporting workplaces across Europe in managing psychosocial risks at work. In the context of longer working lives, reducing the prevalence of psychosocial risk at work is essential. Policy-makers should consider specific psychosocial risks for different groups of workers, including women, to improve working conditions for all.

Although fewer people report working long hours, as presented in the report, job insecurity has increased across Europe, and in some countries work intensity has risen in companies struggling in the economic crisis. Work-related stress is often seen as a “sensitive” or “difficult” area—a perception that may, however, differ from one country to another. In particular, managers of small companies find it difficult to tackle psychosocial risks because of lack of resources or expertise.

The 2014–15 Healthy Workplaces Campaign aims to address those difficulties by providing practical advice and support, raising awareness, and stimulating debate. This report and seminar contribute towards meeting that aim by supporting stakeholders with information and illustrating the benefits of working together. By pooling their expertise, Eurofound and EU-OSHA can reach out more effectively to policy-makers and Europe’s workplaces and provide them with the information and support they need to manage stress and make Europe a better place to work.

TimkenSteel Corp. Fined $77,000 for Exposing Workers to Falls, Amputations

 OSHA issued 12 serious safety violations, which carry proposed penalties of $77,000. The inspections were initiated following employee complaints alleging unsafe working conditions.

"TimkenSteel allowed workers to be exposed to fall and amputation hazards at its steel plants, which compromised employee safety in a highly hazardous work environment," said Howard Eberts, OSHA's area director in Cleveland. "OSHA hopes to continue to work with corporate safety representatives and the United Steelworkers to address these safety issues proactively and ensure workers are protected on the job."

OSHA's May 25, 2014, inspection at the plant located at 2401 Gambrinus Ave. SW found two serious violations for failure to guard floor holes and for missing guardrails on platforms that exposed workers to fall hazards of approximately 8 feet.

Seven serious citations were found during a July 8, 2014 inspection, for failure to guard cranes and crane trolley runways, which exposed workers to fall hazards of approximately 40 feet at the 4511 Faircrest St. SW plant. A third inspection conducted at the 1835 Dueber Ave. SW plant on September 11, 2014, found three serious violations where workers were exposed to moving machinery parts during service and maintenance. 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.

Southern Grouts and Mortars Inc. Cited for 8 Violations, Fined $58,520

Southern Grouts and Mortars, Inc., has been cited for eight safety and health violations by OSHA after a May 2014 follow-up inspection found repeat violations at its Waxahachie, Texas, facility. Proposed penalties total $58,520.

OSHA's Fort Worth Area Office initially conducted a complaint inspection in February 2013 and cited the employer in June 2013 with four serious violations for failure to provide a respiratory program that included medical evaluations and respirator fit testing and failure to provide hazardous communication information to employees regarding exposure to dust particles.

“Southern Grouts and Mortars continues to expose its workers to hazards that could unnecessarily injure them or cause illness or death. Employers are responsible for ensuring workers' health and safety while on the job and the company's disregard for this will not be tolerated,” said Jack Rector, OSHA's area director in Fort Worth.

With a penalty of $29,260, four serious violations were cited for failure to provide fall protection near open-sided floors and ensure a fall protection railing was installed; to provide a hearing conservation program; and to regulate compressed air used for cleaning purposes.

Four repeat violations, with fines of $29,260, were cited for failure to provide a respiratory protection program that included medical evaluations and fitness testing; continuing to allow employees to work under a load elevated by a forklift; failure to implement engineering controls for workers with prolonged exposure to dust particles and to provide hazard communication information on exposure to dust particles. 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.

Southern Grouts and Mortars, headquartered in Pompano Beach, Florida, manufactures swimming pool, spa, and deck finishes while employing about 100 workers companywide, 16 of whom are employed at the Waxahachie facility. Additional manufacturing facilities are in Corona, California, and Plant City, Florida.

Machine Operator Fatally Crushed at Cleveland Track Material

A 45-year-old machine operator was fatally crushed while he adjusted a set screw on a rolling mill at Cleveland Track Material on August 21, 2014.Seven serious violations have been issued as a result of the investigation.

"A son lost his father, and a wife lost her husband," said Howard Eberts, OSHA's area director in Cleveland. "This tragedy could have been prevented had the employer implemented basic safety precautions associated with dangerous machinery."

OSHA's inspection found that the lead rolling mill operator, who had been employed at Cleveland Track Materials for 16 years, came in contact with a spinning shaft. He suffered fatal blunt force trauma and injuries related to crushing as a result.

The company failed to ensure the worker was protected against contact with rotating parts, chains, and sprockets and that machines were properly guarded and locked out prior to maintenance. Additionally, employees were inadequately trained on these procedures. 

OSHA has proposed fines totaling $49,000.

Cleveland Track Material, a subsidiary of Vossloh North America, is based in Reading, Pennsylvania. The company employs about 250 workers at manufacturing facilities in Cleveland, Reading, and Memphis, Tennessee.

Penda Corp. Fined $49,000 for Failing to Provide Adequate Training, PPE

 Seven serious violations, carrying proposed penalties of $49,000, were cited.

 

"An employer, who works with hazardous chemicals, has a responsibility to train workers in proper chemical handling and how to respond to spills and other emergencies," said Kim Stille, OSHA's area director in Madison. "Common safety precautions, including protective clothing and respirators, prevent injuries and illnesses and must be part of the daily routine of workers in such manufacturing environments."

OSHA cited the company for seven serious violations for lack of a hazardous materials spill response plan and failure to train workers on how to respond to spills. Additionally, required personal protective equipment, such as gloves and respirators, was not provided.

Texas TST Inc. Exposed Workers to Struck-By and Electrical Hazards, Fined $47,600

 

Initiated as part of the agency's Site-Specific Targeting Program for industries with high injury and illness rates, the investigation by OSHA's Lubbock Area Office resulted in citations issued for failure to secure compressed gas cylinders, provide strain relief on electrical circuits and repair damaged welding cables.

The company also failed to enclose or guard sprockets and chains located seven feet or less from the floor, and to keep workers from being struck-by aluminum metal chips from an unguarded machine and grinders. 

"Where machine guarding and electrical hazards are concerned, making the necessary changes to comply with OSHA standards can mean the difference between life and death," said Elizabeth Linda Routh, OSHA's area director in Lubbock. "This employer did not take the steps necessary to keep workers safe during the performance of their daily duties."

Spradling LP Fined $46,200 for Safety and Health Violations Following Complaint

 

During its August 13, 2014, inspection, OSHA's Lubbock Area Office found the employer did not take effective measurements of stairwells, which led to missing handrails and inadequate metal stair treading to prevent fall hazards. The company also failed to guard rotating parts of machinery and exposed employees to electrical hazards, by not having required outlet covers and improperly repaired electrical wiring.

 

"The employer is endangering employees by not eliminating safety and health hazards at its drilling rig site, exposing workers to potential injuries or even death," said Elizabeth Linda Routh, OSHA's area director in Lubbock. 

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