OSHA to Require Companies to Make Injury and Illness Data Public

November 11, 2013

The announcement follows the Bureau of Labor Statistics' release of its annual Occupational Injuries and Illnesses report, which estimates that three million workers were injured on the job in 2012.

"Three million injuries are three million too many," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "With the changes being proposed in this rule, employers, employees, the government, and researchers will have better access to data that will encourage earlier abatement of hazards and result in improved programs to reduce workplace hazards and prevent injuries, illnesses and fatalities. The proposal does not add any new requirement to keep records; it only modifies an employer's obligation to transmit these records to OSHA."

 On January 9, 2014, OSHA will hold a public meeting on the proposed rule in Washington, D.C. A Federal Register notice announcing the public meeting will be published shortly.

The proposed rule was developed following a series of stakeholder meetings in 2010 to help OSHA gather information about electronic submission of establishment-specific injury and illness data. OSHA is proposing to amend its current recordkeeping regulations to add requirements for the electronic submission of injury and illness information employers are already required to keep under existing standards, Part 1904. The first proposed new requirement is for establishments with more than 250 employees (and who are already required to keep records) to electronically submit the records on a quarterly basis to OSHA.

OSHA is also proposing that establishments with 20 or more employees, in certain industries with high injury and illness rates, be required to submit electronically only their summary of work-related injuries and illnesses to OSHA once a year. Currently, many such firms report this information to OSHA under OSHA's Data Initiative.

OSHA plans to eventually post the data online, as encouraged by President Obama's Open Government Initiative. Timely, establishment-specific injury and illness data will help OSHA target its compliance assistance and enforcement resources more effectively by identifying workplaces where workers are at greater risk, and enable employers to compare their injury rates with others in the same industry.

Beat OSHA’s December 1 GHS HazCom Training Deadline: Use Environmental Resource Center’s GHS OSHA Hazard Communication Training PowerPoint

With OSHA’s adoption of the Globally Harmonized System (GHS) for the classification and labeling of hazardous chemicals, virtually every chemical label, MSDS—now called Safety Data Sheet (SDS), and written hazard communication plan must be revised to meet the new standard.

By December 1, 2013, all employees at your site that work with, or are exposed to, hazardous chemicals must be trained to understand the new classification system, labels, warning statements, precautions, pictograms, and safety data sheets for chemicals at your worksite.

Environmental Resource Center is making available a PDF presentation or a customizable PowerPoint that you can use for on-site worker training. The training program, which is designed to cover your site’s GHS Hazard Communication training requirements, is in a format that is easy to understand.

Pricing and options:

 

Multiple PDF copies can be purchased for $99/copy (1–10); $79/copy (11–20); or $69/copy (21+).

 

Multiple copies can be purchased for $199/copy (1–10), $179/copy (11–20), or $169/copy (21+).

Additional Options*:

1. Customized PowerPoint: Send us your written GHS hazard communication plan and 10–20 safety data sheets. We’ll create a custom training program for your site: $899

2. If you have not updated your hazard communication plan, let Environmental Resource Center update it for you: $799

3. Customized PowerPoint and hazard communication plan: $1600

*Call 800-537-2372 for Spanish pricing

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.

 

Safety Professionals Release Recommendations to OSHA Chief on Temporary Worker Safety

The groups presented their recommendations to Dr. David Michaels, the head of OSHA, during a Temporary Worker Health and Safety Forum in Boston held for advocates, academics, and organizers. OSHA currently is developing policies to better protect temporary workers on the job.

Chemical Safety Board Commends NFPA for Expedited Development of a Comprehensive Standard for Fuel Gas Safety

The US Chemical Safety Board (CSB) announced recently that the National Fire Protection Association (NFPA) exceeded its recommended actions following the February 7, 2010, deadly natural gas explosion at the Kleen Energy electric plant—then under construction in Middletown, Connecticut. The blast, which killed six workers and injured at least 50, resulted during an operation known as a “gas blow”—whereby large quantities of natural gas are forced through piping at high pressure to remove debris. The gas accumulated and was ignited by an undetermined source.

The CSB issued an urgent recommendation in June 2010 calling on the NFPA—a voluntary consensus standards organization which develops codes and standards that can then be adopted into law by states and localities—to revise its National Fuel Gas Code (also known as NFPA 54) to prohibit this inherently unsafe pipe cleaning methodology. In response, the NFPA proposed and developed a comprehensive new gas process safety standard, NFPA 56, “Standard for Fire and Explosion Prevention During Cleaning and Purging of Flammable Gas Piping Systems” using an expedited standards development process.

CSB Chairperson Dr. Rafael Moure-Eraso said, “We heartily commend the NFPA for acting promptly and decisively in adopting the CSB recommendation in record time. NFPA issued a provisional standard in 24 weeks, which was less than 18 months after the accident. NFPA moved it through the document’s revision cycle smoothly, formally publishing the NFPA 56 2014 edition last August. Our board recently voted unanimously to close this recommendation as “Exceeds recommended action” —our highest level of approval.”

Dr. Moure-Eraso added, “Creating a new voluntary consensus standard is a broader approach which improves safety during a variety of fuel gas processes, including cleaning of gas piping and discharging of gas already in the system during gas purging or maintenance. A large number of natural gas-fired power plants are planned for construction across the United States over the next few years. By helping to end the conduct of inherently unsafe gas blows, the NFPA will be instrumental in preventing further loss of life and property damage.”

The new NFPA standard states unequivocally that flammable gas shall not be used for internal cleaning of piping, instead recommending air, steam, water, and inert gas as acceptable substitutes. It includes a detailed list of procedures and training requirements for workers involved in the cleaning operation.

The scope of the new standard not only exceeds the requirements of the CSB recommendation concerning the Kleen Energy accident, Dr. Moure-Eraso noted, but also addresses the deadly pipe purging operation that led to the June 8, 2009 explosion at the Con Agra Slim Jim facility in Garner, North Carolina. Four workers were killed and 67 others were injured. Workers were using natural gas indoors to purge the air out of piping while installing a new boiler. Accumulated gas ignited and the blast caused the roof to collapse onto workers.

“We are very pleased to see NFPA 56 also includes requirements for purging fuel gas systems into and out of service, saying gases must be released to a safe outdoor location, or captured inside and further processed before release,” Dr. Moure-Eraso said.

Dr. Moure-Eraso noted that the NFPA’s action now means that 14 of the 18 recommendations issued by the CSB following the Kleen Energy accident are now closed.

Orlando RCRA and DOT Training

 

Charlotte RCRA and DOT Training

 

Wilmington RCRA and DOT Training

 

Comment Period on Recent Rail Safety Petition Extended

The comment period for the Rail Petition and Recommendations to Improve the Safety of Railroad Tank Car Transportation (RRR) has been extended. PHMSA is notifying the public of their intent to extend the comment period by 30 days for a notice of proposed rulemaking published on September 6, 2013. Comments must now be received by December 5, 2013.

Expos? of Chemical Flame Retardants to Air on HBO

Chemical flame retardants are everywhere. Our furniture. Our homes. Our bodies. Yet they don't seem to stop fires. They do, however, seem to make us sick. “Toxic Hot Seat” takes an in-depth look at a nexus of money, politics and power, and a courageous group of firefighters, mothers, journalists, scientists, politicians, and activists as they fight to expose what they assert is a campaign of deception that has left a toxic legacy in America's homes and bodies for nearly 40 years. 

Hoosier Workplace Injuries and Illnesses Reach Historic Low

 Indiana’s non-fatal occupational injury and illness rate is 4.0 per 100 workers, the lowest experienced since the survey was introduced in its current form in 1992. The 2012 rate represents a one-year decline of more than seven percent from 2011 and marks the first time the rate has declined since 2009.

“Every Hoosier should be proud that Indiana’s workplaces are some of the safest and healthiest in the nation,” said Governor Mike Pence. “The continuing decline in the number of occupational injuries and illnesses demonstrates the dedication of employers, employees, trade associations, and professional organizations, and proves again, that Indiana is the place to do business.”

The most significant improvement among the major Hoosier industries was in the state’s mining industry (2.6 per 100 workers). The mining industry experienced a one-year decline of nearly 45% in non-fatal worker injuries and illnesses. The coal mining sub-industry experienced a 16% decline in non-fatal worker injuries and illnesses from 2011.

“While this historically low number of workplace injuries in Indiana is indeed an accomplishment, we still have work to do and will continue to focus on reducing the number of workplace injuries in Indiana,” said IDOL Commissioner Rick Ruble. “The Department of Labor will continue to actively work with employers through our many safety programs to continue to improve employee safety and health in Indiana.”

Some findings in the 2012 report include:

  • The overall state non-fatal injury and illness rate for 2012 is 4.0 per 100 workers, the lowest rate since the SOII report was introduced in its current form in 1992. The 2012 rate represents a one-year decline of seven percent from the 2011 rate
  • The mining industry experienced the greatest one-year decline in non-fatal worker injuries and illnesses, 45%
  • Nearly all major Indiana industry categories experienced a reduction in non-fatal worker injuries and illnesses in 2012
  • The IDOL’s emphasis industries of agriculture, healthcare and transportation all experienced a decrease in non-fatal workplace injuries and illnesses—agriculture (-24.2%), healthcare (- 15.9%) and transportation (-2.2%)
  • The following major industry categories experienced an increase in non-fatal worker injuries and illnesses from 2011 to 2012: state and local government (+11%); arts, entertainment, and recreation (+6%); and manufacturing (+2%)

The IDOL will also release its annual occupational safety and health publication, IN Review, in early 2014.

Foss Manufacturing Co. LLC Faces $115,000 Fine for 21 Serious Safety Violations

. The manufacturer of nonwoven textiles faces $115,000 in fines following an inspection in response to a worker's complaint. OSHA's Concord Area Office started the inspection on April 24.

"Employees at this plant were exposed to a cross section of hazards. These included potential electrocution, arc flash, burns, amputation, crushing and laceration injuries, hearing loss, and being caught in unguarded or unexpectedly activated machinery or trapped in toxic or oxygen-deficient confined spaces," said Rosemarie Ohar, OSHA's New Hampshire area director.

Specifically, the violations cited include failing to protect a worker exposed to an arc flash where electrical equipment had not been deenergized prior to servicing; provide fall protection equipment, face shields and insulated gloves; identify confined workspace hazards and provide workers with adequate entry safeguards; provide guarding on moving machine parts; lockout machinery for servicing; and train workers in safe electrical work practices. In addition, the company failed to provide workers with timely baseline audiograms and training or refitted hearing protection to those who experienced a standard threshold shift in their hearing.

"For the safety and health of its employees, it's imperative that this employer take prompt and effective corrective action to address these dangers and prevent their recurrence, now and in the future," said Ohar.

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.

Nebraska Roofing Company Fined after Worker Takes Fatal Fall

Ghaleb N. Suleiman, who operates JMA Roofing, has been cited by OSHA for one repeat and one other-than-serious safety violation following the death of a worker on July 17 at an Omaha job site. The worker fell to the ground while replacing the rubber membrane on the roof, known as ethylene propylene diene monomer, often used for water resistance.

"It's unacceptable that JMA Roofing failed to provide and ensure that workers used fall protection to prevent severe injuries," said Marcia Drumm, OSHA's acting regional administrator in Kansas City, Mo. "Falls remain the leading cause of death and injury in the construction industry. Companies must protect their workers by following safety regulations."

One repeat violation was issued for failing to protect workers from falls while performing work on a low-slope roof more than 6 feet above the ground. 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. A similar violation was cited in 2010.

One other-than-serious violation was cited for failing to certify that workers had been trained in fall protection standards and requirements. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.

It was developed in partnership with the National Institute of Occupational Safety and Health and NIOSH's National Occupational Research Agenda program.

Proposed penalties total $70,000. This is the third inspection on the Bennington-based company.

Failure to Implement Respiratory Protection Lands Strategic Metals Heavy Fine

Strategic Materials, Inc., a glass and plastic recycling company, has been cited for 11 health violations carrying proposed fines of $82,000. OSHA found a repeat violation involving the company's failure to develop and implement a respiratory protection program following a May complaint inspection of the East Troy facility.

"Strategic Materials must protect the respiratory health of its workers and maintain a workplace free of known hazards," said Kim Stille, OSHA's area director in Madison. "As one of the nation's leading recycling companies, it should know the hazards unique to the industry."

Similar violations were cited in August 2012 at the company's Sarasota, Florida, facility.

Nine serious violations include failing to prevent workplace exposure to airborne concentrations of dust and lead above the eight-hour time-weighted average limit; prevent excessive accumulation of combustible dust; provide respiratory protection; have a hearing conservation program; implement engineering controls for dust accumulation; and have training on the bloodborne pathogen standards and hazardous chemicals in use in the workplace.

One other-than-serious violation involves failing to train forklift operators.

Indiana Department of Labor and Dow AgroSciences to Collaborate on Critical Agricultural Industry Issue

. Under this two-year occupational safety and health alliance, Dow AgroSciences and IDOL will combine their knowledge of safety technology and innovations to inform and engage key stakeholders in agriculture regarding worker and transportation safety.

“We are committed to ensuring the safest and healthiest workplaces for our fellow Hoosiers, and this includes our agriculture workers,” said IDOL Commissioner Rick Ruble. “Formalizing this worker safety and health alliance is an important and positive step for those engaged in agriculture in Indiana. We look forward to partnering with Dow AgroSciences, a global life science leader in agriculture based here in Indiana.”

According to the Bureau of Labor Statistics Survey of Occupational Injuries and Illnesses report for 2012, the Hoosier agriculture industry has an occupational injury and illness rate of 7.2 per 100 workers, which is the highest industry rate in the state. Additionally, according to the Bureau of Labor Statistics Census of Fatal Occupational Injuries report for 2012, the agriculture industry has one of the highest raw numbers of occupational fatalities.

“Dow AgroSciences is honored and privileged to join forces with the Indiana Department of Labor to advance safety performance in the Indiana agriculture industry. The health and safety of our employees is our top priority, and we have many best practices to share that might help farmers and those involved in agriculture improve how they approach safety. We look forward to collaborating with the Indiana Department of Labor to share information that can make a difference,” said Rick Oakley, Dow AgroSciences employee health and safety business operations leader.

The alliance goals are to:

  • Eliminate agriculture worker fatalities
  • Reduce the number and severity of agriculture worker injuries and illnesses
  • Reduce work-related transportation incidents and worker fatalities
  • Increase communication with industry stakeholders
  • Share technological knowledge and best practices to improve workplace safety and health performance

COEH Symposium—Lead in the Workplace

The one-day scientific symposium will be moderated by John Howard, MD, Director of the National Institute for Occupational Safety and Health (NIOSH). The scientific symposium will cover the current literature on health effects of low-level lead exposure and the newly released Cal/EPA report on physiologically-based pharmacokinetic modeling of the air lead/blood lead relationship. A California Department of Public Health representative will also present the basis for their recent health-based Permissible Exposure Limit (PEL) recommendation to Cal/OSHA. There will also be a live webcast of the symposium for those who cannot attend in person.

Michigan Packaging Company Receives MIOSHA's Highest Recognition Award for Workplace Safety and Health Excellence

Recently Michigan Packaging Company was awarded the MVPP Star Award, the state’s highest workplace safety and health award, from the Michigan Occupational Safety and Health Administration (MIOSHA). The MIOSHA program is part of the Michigan Department of Licensing and Regulatory Affairs (LARA).

“Michigan Packaging’s long-time commitment to workplace safety and health sends a strong message to other Michigan companies,” said LARA Deputy Director Stephanie Comai. “They have created a corporate culture where workplace safety and health is consistently held as a top priority. Their record shows that a safe workplace provides the foundation for a productive workplace.”

MIOSHA established the Michigan Voluntary Protection Program (MVPP) program in 1996 to recognize employers actively working toward achieving excellence in workplace safety and health. Michigan has 31 MVPP Star companies. This is the most prestigious safety and health award given in Michigan.

“National VPP sites experience 60 to 80 percent less lost work day injuries than would be expected of an average site in their industry,” said Yoder. “This program recognizes employers with safety and health management systems that provide protections beyond what is required by MIOSHA standards. It also has a tremendous impact on the bottom line.”

The MIOSHA MVPP Review Team consisted of Doug Kimmel, Team Leader and Gregg Grubb, Senior Industrial Hygienist. During the review, the team conducted 16 formal and 18 informal interviews. The team examined various elements of the safety and health management system, and found them to effectively address the scope and complexity of the hazards at the site.

Michigan Packaging employs 121 workers and manufactures corrugated sheets and specialized high impact graphic litho laminated sheets. The facility has an exemplary safety and health record, and has exhibited outstanding leadership in recognizing that a comprehensive safety and health system is critical to successful businesses today.

The MVPP assists employers and employees by providing a mechanism and a set of criteria designed to evaluate and recognize outstanding safety and health management systems. The program is designed to establish a cooperative relationship between management, labor, and MIOSHA. MVPP participants implement safety and health management systems that provide protections beyond what is required by MIOSHA standards.

There are two levels of recognition in the MVPP. The Michigan Star program is designed for workplaces that have an exemplary safety and health management system with injury and illness incidence rates below the industry average for the last three years. The Rising Star program provides the "stepping stone" for those establishments that have the desire and potential to achieve Star Status within one to three years. Rising Star participants have a good safety and health management system and have incidence rates at or below the industry average for two out of the last three years.

Current Star sites are available to mentor other companies that have an interest and desire to improve their safety and health management system. Mentors inform, counsel, train, and strive to achieve excellence in safety and health through the MVPP.

OSHA Announces Meeting of Advisory Committee on Construction Safety and Health

OSHA will hold a meeting of the Advisory Committee on Construction Safety and Health December 5-6, 2013, in Washington, D.C.

ACCSH, established under the Contract Work Hours and Safety Standards Act and the Occupational Safety and Health Act of 1970, advises the secretary of labor and assistant secretary of labor for occupational safety and health on construction standards and policy matters.

The agenda includes remarks from Jordan Barab, deputy assistant secretary of labor for occupational safety and health, updates from the Directorates of Construction and Standards and Guidance, a presentation on the draft proposed standard on occupational exposure to beryllium and a discussion on the OSHA 10- and 30-hour training courses.

The meeting will be held from 1 to 4 p.m. ET, December 5 and 6 in Room C-5515, 1A-B, US Department of Labor, 200 Constitution Ave., N.W., Washington, DC 20210. Some committee members will participate by teleconference. The meeting is open to the public. See the Federal Register notice for details. Comments and requests to speak must be submitted by November 15, 2013.

OSHA is accepting nominations for six new members to serve on the committee. Nominations will be accepted from those interested in representing employee (2), employer (2), public (1) and state safety and health agency (1) groups. Nominations may be submitted at www.regulations.gov, the Federal eRulemaking Portal. Submissions may also be sent by mail or facsimile. See the Federal Register notice for details. The deadline for submissions is January 7, 2014.

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