OSHA is proposing a new standard that the agency says will dramatically lower workplace exposure to beryllium, a widely used material that can cause devastating lung diseases. The proposal would apply to an estimated 35,000 workers covered by OSHA.
“This proposal will save lives and help thousands of workers stay healthy and be more productive on the job,” said US Secretary of Labor Thomas E. Perez. “We’re pleased that industry has been such a strong voice in advocating for a more rigorous standard. The proposal is strong because of unprecedented partnership between manufacturers and the United Steelworkers.”
Currently, OSHA’s eight-hour permissible exposure limit for beryllium is 2.0 micrograms per cubic meter of air. Above that level, employers must take steps to reduce the airborne concentration of beryllium. That standard was originally established in 1948 by the Atomic Energy Commission and adopted by OSHA in 1971. OSHA’s proposed standard would reduce the eight-hour permissible exposure limit to 0.2 micrograms per cubic meter. The proposed rule would also require additional protections, including personal protective equipment, medical exams, other medical surveillance and training.
The 1971 limit significantly reduced fatalities due to acute beryllium disease but, over time, it became clear that exposure below that limit also had damaging long-term health effects. OSHA initially proposed to lower the permissible exposure limit for beryllium in 1975.
The need for a new standard was recognized by the nation’s primary beryllium product manufacturer, Materion, and the United Steelworkers, the union representing many of those who work with beryllium. Together, they approached OSHA in 2012 to suggest a stronger standard.
“This collaboration of industry and labor presents a historic opportunity to protect the lives and lungs of thousands of beryllium-exposed workers,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “We hope other industries where workers are exposed to deadly substances join with unions and other organizations representing those workers to reduce exposures, prevent diseases and save lives.”
OSHA estimates that the rule could prevent almost 100 deaths and 50 serious illnesses each year. Workers who inhale beryllium particles can develop a debilitating, incurable illness known as chronic beryllium disease, and are also at increased risk of lung cancer. Dangers arise when beryllium-containing materials are processed in a way that releases airborne beryllium dust, fume, mist, or other forms.
Beryllium is an essential component of nuclear weapons.
The majority of current worker exposures to beryllium occur in operations such as foundry and smelting operations, machining, beryllium oxide ceramics and composites manufacturing and dental lab work. The proposed rule would not cover some workers exposed to trace amounts of beryllium in raw materials, including those employed at coal-burning power plants and aluminum production facilities, and those performing abrasive blasting work with coal slag in the construction and shipyards industries. OSHA seeks comment during the rulemaking on whether these workers should also be covered by the final rule.
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
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.
Richmond RCRA and DOT Training
Houston RCRA and DOT Training
Charlotte RCRA, DOT, and Stormwater Training
Holding Multiple Jobs Increases Risk of Injury
Researchers with the Liberty Mutual Research Institute’s Center for Injury Epidemiology have concluded that individuals who work multiple jobs—approximately 14 million US residents—have a greater likelihood of injury than those holding a single job.
Principal researcher Dr. Helen Marucci-Wellman says the elevated injury rates suggest greater risk exposures for those who work multiple jobs.
“Factors that may contribute to higher injury risk could include a disruptive work week structure, job inexperience, hurried behavior, physical and mental stressors related to alternating between different jobs, and fatigue.”
Researchers used 15 years of data from the National Health Interview Survey (NHIS), an in-household survey administered annually by the US Census Bureau, to gather nationally representative data on a broad range of health topics. Representing more than a quarter of a million households, the NHIS is the only dataset that supports linking multiple job holding and injury.
“To better understand the association between multiple job holding and injury risk, we need to look at a whole array of risk factors. We need to understand with greater specificity employment situations and the circumstances surrounding injuries. This way, we can determine where changes need to be made to enhance safety for those at increased risk,” adds Marucci-Wellman.
Twenty-seven percent of multiple job holders worked 60 plus hours versus only 6% of single job holders. On average, multiple job holders worked 2.25 to 2.75 additional hours per day, worked odd hours, had longer commutes, and had 45 minutes to an hour less sleep per day than single job holders.
“In addition to significant differences in work schedule and time use patterns for workers with multiple jobs, they also had less time for household and leisure activities,” notes Marucci-Wellman. “These time use pattern findings suggest that working multiple jobs may result in heightened risk of fatigue, increasing the likelihood of injury. A better understanding of the factors that contribute to increased risks would help identify ways—such as changing daily routines or work scheduling practices—to reduce the injuries associated with holding multiple jobs.”
Study of California Infant Deaths Suggests Heat Exposure May Be Linked to Infant Mortality
A new study by the California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) suggests heat exposure may lead to a greater risk of infant mortality.
While a significant body of research exists around heat exposure and its effects on the elderly, and existing research has established a link between temperature and mortality, little research to date has focused on heat exposure and infants.
“This research provides an important contribution to our understanding of the effects of heat exposure on infant mortality,” said OEHHA Acting Director Dr. Lauren Zeise. “Research in this area is critical to furthering our understanding of the impacts of temperature on this potentially vulnerable group.”
“Our findings suggest that infants are vulnerable to heat exposure and may be at greater risk of death during the warm season in California,” said lead author Dr. Rupa Basu, chief of OEHHA’s Air and Climate Epidemiology Section. "Infants may not have developed the ability to efficiently cool down in response to heat. During periods of high heat, caregivers should ensure that infants stay hydrated and stay indoors in a cool environment."
The analysis included over 12,000 infant deaths.
OEHHA’s Dr. Basu co-authored the paper with other OEHHA researchers and a researcher from the UC Berkeley School of Public Health.
Investigation of Worker’s Death Results in Prison Term for Construction Company Owner and Project Manager
Cal/OSHA’s criminal investigation into the January 2012 cave-in death of a 36-year-old day laborer in Milpitas has resulted in prison for his employer and project manager. Santa Clara County Superior Court Judge William J. Monahan last Friday sentenced Richard Liu, owner of U.S Sino Investment, and project manager Dan Luo to two years in prison for involuntary manslaughter.
On January 28, 2012, Raul Zapata was installing a concrete foundation for a retaining wall at a residential construction site on Calaveras Ridge Drive in Milpitas. The 12-foot high excavation wall collapsed, killing him immediately. The fatal accident occurred three days after a city of Milpitas building inspector issued a stop-work notice to Luo for failure to provide shoring on the excavation.
“California employers must provide workers with the necessary protection and training so they can do their jobs safely,” said Christine Baker, Director of the Department of Relations (DIR). “When our investigations uncover negligent behavior by employers, we exercise our full jurisdiction to protect workers—including referrals to district attorneys for prosecution.” Cal/OSHA is a division in DIR.
Cal/OSHA’s investigation determined that at the time of the incident, neither the victim nor other employees were wearing any head protection. Also, the excavation wall had not been shored up as required by law. Furthermore, the employer did not have a competent person for excavation on the jobsite to ensure that the wall was installed according to Cal/OSHA rules. Finally, Cal/OSHA noted that the employer had no workers’ compensation insurance at the time of the incident.
“When preventable deaths occur on the job, employers must be held accountable,” said Cal/OSHA Chief Juliann Sum. “Cal/OSHA worked closely with the Santa Clara District Attorney to ensure that criminal behavior in the workplace is addressed.”
Cal/OSHA’s civil investigation resulted in the issuance of six citations with penalties totaling $168,175 on June 12, 2012, including five citations for serious violations.
Cal/OSHA’s Bureau of Investigations (BOI) is responsible under Labor Code section 6315 for investigating worker fatalities and serious injuries, and for preparing and referring investigation cases to local and state prosecutors for criminal prosecution.
Updated Guide to OSHA Training Requirements Available
"Training Requirements in OSHA Standards" organizes the training requirements into five categories: General Industry, Maritime, Construction, Agriculture, and Federal Employee Programs.
Construction Workers Susceptible to COPD
Pallet Recycle of Alabama Inc. Exposed Workers to Deadly Hazards
A health inspection related to excessive noise was initiated in April.
“Employers cannot wait for an OSHA inspection to identify these hazards. It’s good business to implement preventative programs and systems to identify and correct such hazards as part of day-to-day operations.”
Pallet Recycling refurbishes wood pallets used in many industries. Proposed penalties total $71,400.
Twitchell Technical Products LLC Exposes Employees to Amputations, Burns, and Falls
OSHA issued the employer two repeat and two serious safety citations. The serious violations involve exposing workers to fire and explosions from improperly-stored oxygen and fuel cylinders and for exposing employees to slip hazards from not ensuring floors were kept dry.
"When a company receives a repeat citation it means that management allowed a hazard that was previously cited to reoccur," said Joseph Roesler, OSHA's director of the Mobile Area Office. "It is troubling to find that workers are being exposed to these hazards again."
Proposed penalties total $57,013.
Twitchell manufactures specialty fabrics used in numerous products and industries, such as seatbelts for the automotive industry.
Wilbert Inc. Fined $48,900 after Worker Suffers Severe Burns
The company manufactures parts for Ford and Whirlpool and employs about 3,000 workers company-wide and 325 at the Ohio site.
OSHA initiated an investigation after a 36-year-old employee suffered burns to his face, eyes, and hands while troubleshooting and cleaning a mold located within a plastic injection press. Investigators found procedures had not been taken to prevent the machine from releasing hot plastic during maintenance resulting in the injury.
"Each year thousands of workers are injured because manufacturers fail to recognize machine hazards and prevent workers from injuries during the manufacturing process. No worker's shift should end with a visit to the hospital," said Kim Nelson, OSHA's area director in Toledo.
The serious violations include:
- Not providing personal protective equipment to protect against burns and falls
- Not training employees about machine safety procedures and hazards
- Exposing employees to fall hazards while accessing parts of presses
- Not maintaining floors in dry condition
OSHA issued two other-than-serious violations for failing report a hospitalization within 24-hours and to fill out OSHA injury and illness logs correctly.
Proposed penalties total $48,900.
OSHA Cites Chaney Roofing Maintenance for Exposing Workers to Fall Hazards
OSHA’s Toledo Area Office issued a safety citation to Chaney Roofing Maintenance, Inc., on July 22. OSHA opened an investigation of the contractor after observing workers exposed to fall hazards while roofing an Art-Van Furniture Store, June 16.
The company was also cited in January 2013 for fall hazards in Port Clinton.
"This is the third time the company has been cited for fall related hazards within the past two and a half years, this company is knowingly putting its' employee's lives at risk and it is simply unacceptable," said Kim Nelson, OSHA's Area Director in Toledo. “A worker can be severely injured or killed in a fall in mere seconds. Falls remain the leading cause of death in the construction industry."
Proposed penalties total $46,200.
Most Railroads Will Miss Positive Train Control Deadline
The report is mandated by the House of Representatives Appropriations Committee and shows that after seven years and significant assistance from FRA, most railroads will miss the December 31, 2015 positive train control (PTC) implementation deadline that Congress established in 2008.
“Positive Train Control is the most significant advancement in rail safety technology in more than a century. Simply put: it prevents accidents and saves lives, which is exactly what we seek to do at The Department of Transportation every single day. We will continue to do everything in our power to help railroads install this technology,” US Transportation Secretary Anthony Foxx said.
The National Transportation Safety Board (NTSB) began calling for train control systems like PTC in 1969, and FRA was involved in establishing PTC standards with stakeholders for more than a decade before the 2008 mandate. Three years before Congress passed the PTC mandate, FRA issued its final rule that established uniform PTC standards for railroads willing to voluntarily install the technology.
PTC prevents train-to-train collisions, over-speed derailments, incursions into established work zone limits, and a train going to the wrong track because a switch was left in the wrong position.
In 2008, Congress passed the Rail Safety Improvement Act (RSIA), requiring all Class I railroads transporting poisonous-by-inhalation hazardous (PIH) or toxic-by-inhalation hazardous (TIH) materials and all railroads providing passenger service to implement Positive Train Control by December 31, 2015.
FRA has provided significant assistance and support to railroads in order to help them become PTC compliant. Those efforts include:
- Providing more than $650 million to passenger railroads, including nearly $400 million in Recovery Act funding
- Issuing a nearly $1 billion loan to the Metropolitan Transportation Authority to implement PTC on the Long Island Rail Road and Metro-North
- Building a PTC testbed in Pueblo, Colorado
- Working directly with the Federal Communications Commission (FCC) and the Advisory Council on Historic Preservation to resolve issues related to spectrum use and improve the approval process for PTC communication towers
- Dedicating staff to continue work on PTC implementation in March 2010, including establishing a PTC task force
“The Federal Railroad Administration will continue to use its resources and expertise to help railroads achieve the critical goal to have Positive Train Control implemented,” FRA Acting Administrator Sarah Feinberg said.
OSHA Approves Maine as Newest State Plan Protecting State and Local Government Workers
Maine has recently been approved by OSHA as the newest State Plan responsible for protecting the safety and health of state and local government employees. The plan becomes effective August 5, 2015.
“This is a major milestone for Maine public employees and the state’s development of its occupational safety and health program,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “We applaud them for their ongoing commitment to the well–being of government workers who provide the most vital services that make the state of Maine livable and enjoyable.”
Maine joins Illinois, New Jersey, Connecticut, New York, and the Virgin Islands as one of six states and territories that administer safety and health programs for state and local government employees that are committed to maintain programs that are at least as effective as federal OSHA. Twenty-four states still do not provide federally approved workplace safety and health protections for its public employees. The plan will be administered by the Maine Department of Labor, Bureau of Labor Standards, which will provide coverage to 81,430 public employees. Private sector and federal government employees in Maine remain under federal OSHA jurisdiction.
Once a State Plan is approved, OSHA funds up to 50% of the program’s costs.
Safety News Links