The rule is expected to be published in its final form in August of this year. It is likely that employers will be given a phase-in period before the changes will be fully enforced.
This means that virtually every product label, MSDS (soon to be called “safety data sheets”), and written hazard communication plan will need to be revised to meet the new standard. Worker training will need to 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 MSDSs.
Environmental Resource Center can assist your company in meeting its obligations for compliance with the new standard by updating product labels, safety data sheets, hazard communication plans, and can provide hazard communication training to your employees on the new standard.
New Webpage Focuses on Tobacco Smoke in the Workplace
The page provides resources to help employers and workers prevent workplace exposures to tobacco smoke and to encourage workplace-based smoking cessation programs.
NIOSH Releases Final HHE Deepwater Horizon Response
NIOSH released the ninth, and final, interim report highlighting the findings and recommendations from the health hazard evaluation of Deepwater Horizon response workers.
New Scientific Assessments and Actions on Fluoride
The U.S. Department of Health and Human Services (HHS) and EPA have announced new steps to ensure that standards and guidelines on fluoride in drinking water continue to provide the maximum protection to the American people to support good dental health, especially in children. HHS is proposing that the recommended level of fluoride in drinking water can be set at the lowest end of the current optimal range to prevent tooth decay, and EPA is initiating review of the maximum amount of fluoride allowed in drinking water.
These actions will maximize the health benefits of water fluoridation, an important tool in the prevention of tooth decay, while reducing the possibility of children receiving too much fluoride. The Centers for Disease Control and Prevention named the fluoridation of drinking water one of the ten great public health achievements of the 20th century.
“One of water fluoridation’s biggest advantages is that it benefits all residents of a community—at home, work, school, or play,” said HHS Assistant Secretary for Health Howard K. Koh, MD, MPH. “Today’s announcement is part of our ongoing support of appropriate fluoridation for community water systems, and its effectiveness in preventing tooth decay throughout one’s lifetime.”
“Today both HHS and EPA are making announcements on fluoride based on the most up to date scientific data,” said EPA Assistant Administrator for the Office of Water, Peter Silva. “EPA’s new analysis will help us make sure that people benefit from tooth decay prevention while at the same time avoiding the unwanted health effects from too much fluoride.”
HHS and EPA reached an understanding of the latest science on fluoride and its effect on tooth decay prevention and the development of dental fluorosis that may occur with excess fluoride consumption during the tooth forming years, age 8 and younger. Dental fluorosis in the United States appears mostly in the very mild or mild form—as barely visible lacy white markings or spots on the enamel. The severe form of dental fluorosis, with staining and pitting of the tooth surface, is rare in the United States.
There are several reasons for the changes seen over time, including that Americans have access to more sources of fluoride than they did when water fluoridation was first introduced in the United States in the 1940s. Water is now one of several sources of fluoride. Other common sources include dental products such as toothpaste and mouth rinses, prescription fluoride supplements, and fluoride applied by dental professionals. Water fluoridation and fluoride toothpaste are largely responsible for the significant decline in tooth decay in the U.S. over the past several decades.
HHS’ proposed recommendation of 0.7 milligrams of fluoride per liter of water replaces the current recommended range of 0.7 to 1.2 milligrams. These scientific assessments will also guide EPA in making a determination of whether to lower the maximum amount of fluoride allowed in drinking water, which is set to prevent adverse health effects.
The new EPA assessments of fluoride were undertaken in response to findings of the National Academies of Science (NAS). At EPA’s request, in 2006 NAS reviewed new data on fluoride and issued a report recommending that EPA update its health and exposure assessments to take into account bone and dental effects and to consider all sources of fluoride. In addition to EPA’s new assessments and the NAS report, HHS also considered current levels of tooth decay and dental fluorosis and fluid consumption across the United States.
HHS is expecting to publish final guidance for community water fluoridation by spring 2011.
Metam Potassium Added to Proposition 65 List
Metam potassium was listed effective December 31, 2010.
Metam potassium (CAS No. 137-41-7) was listed as a chemical known to the State of California to cause cancer. The listing of metam potassium is based on its formal identification by an authoritative, the U.S. EPA, that the chemical causes cancer. The criteria used by OEHHA for the listing of chemicals under the authoritative bodies mechanism can be found in Title 27, Cal. Code of Regs, Section 25306.
NSF International Supports New Lead-Free Definition and Regulations for Plumbing Products
NSF International, an independent public health organization that tests and certifies a wide range of plumbing and drinking water treatment products, strongly supports the passage of the Reduction of Lead in Drinking Water Act on January 4th, which significantly reduces the amount of lead allowed in plumbing products that contact drinking water.
NSF International applauds the government for harmonizing federal legislation with recently enacted state requirements and NSF Standards. This legislation (which will take effect January 4, 2014) now makes the federal law consistent with California lead-free legislation passed in 2006, amends the Safe Drinking Water Act’s definition of lead-free, and limits the maximum content of lead in plumbing devices so it’s consistent with the lead content requirements of NSF Standards.
Plumbing devices already certified to NSF Standard 61, Annex G fully comply with the lead-content requirements of this newly passed Act.
“We applaud Congress and the Administration for taking this long-awaited step to harmonize this requirement across the country, which will help protect the public from exposure to lead in their drinking water,” said Bob Ferguson, NSF International Vice President of Water Systems. “We are pleased that the new national requirement for lead in plumbing devices will be equivalent to the requirements in NSF/ANSI national standards. NSF is prepared to support this effort and help address this growing public health concern by continuing to test and certify drinking water products that conform to these new lead-free requirements.”
NSF has developed several standards that limit the amount of lead and other contaminants that can migrate from water contact materials into water. In 1988, the EPA replaced its own Drinking Water Additives evaluation program with NSF standards that were developed, in part, with EPA funding. Most states and public utilities require manufacturers making products that come into contact with water to have them tested to verify they meet NSF’s national standards.
Products covered in NSF/ANSI Standard 61 include: pipes and related products; protective and barrier materials (including cements/coatings); joining and sealing materials (including gaskets, adhesives, lubricants); process media (including carbon, sand, zeolite, ion exchange media); mechanical devices (including water meters, in-line valves, filters, process equipment); mechanical plumbing devices (faucets, drinking fountains, and components); and potable water materials (non-metallic materials).
A new standard, NSF/ANSI 372: Drinking Water System Components—Lead Content, has recently been adopted, which contains the procedures to verify the lead content of drinking water products. This standard is referenced in Annex G of NSF/ANSI 61 as the methodology to determine lead content compliance. Products certified to NSF/ANSI 372 demonstrate compliance with lead content requirements only while certifications to NSF/ANSI 61 Annex G demonstrate compliance with both lead content and lead leaching requirements.
Indiana’s National Office Furniture Earns VPP Star Certification
The Indiana Department of Labor (IDOL) is pleased to announce the Star certification of National Office Furniture’s seating manufacturing facility in Indiana’s Voluntary Protection Program (VPP). VPP recognizes and partners with businesses and worksites that show excellence in occupational safety and health.
Headquartered in Jasper, Indiana, and a brand unit of Kimball International, National Office Furniture is an office furniture manufacturer that employs over 1,000 employees. Their Jasper seating facility employs more than 300 full-time employees and produces over a 1,000 chairs daily. Now, both of National’s Indiana-based manufacturing facilities (Jasper and Santa Claus) have earned IDOL’s VPP Star certification. Low rates of occupational injuries and illnesses demonstrate that the facility has successfully focused on the safety of its employees and staff. “The goal of any good safety and health program is to reduce occupational injuries and illnesses. Through commitment at every level—corporate, management and employees—National Office Furniture has achieved this goal and done it without additional governmental regulation and in a way that is unique to the needs of the staff of National Office Furniture,” commented Commissioner of Labor Lori A. Torres.
Worker safety and health is an “all hands on deck” effort at National Office Furniture. Employees are involved in workplace safety and health activities through participation in the safety committee and in occupational safety and health-oriented teams such as Job Hazard Analysis and Ergonomics. Employees of National Office Furniture are also trained in First-Aid and CPR to serve as first responders if needed. In addition, employees also actively take part in presenting safety topics at plant-wide weekly safety talks as well.
OSHA Cites Speedy Rooter Inc. of South Sioux City, Nebraska, Following Two Fatalities
OSHA has issued Speedy Rooter Inc., in South Sioux City, Nebraska, citations for one willful and five serious violations after two workers who entered a municipal sewer manhole were overcome by sewer gas and died. The penalty proposed for the six citations is $94,500.
OSHA’s area office in Bismarck began the investigation in July after a worker entered the manhole in an attempt to rescue another worker who had been overcome by sewer gas, and both workers died.
“This employer blatantly disregarded industry-recognized hazards and safe work practices by exposing these workers to dangerous sewer gases that ended their lives,” said Tom Deutscher, OSHA’s area director in Bismarck. “There is no acceptable reason for any employer to require employees to enter a confined space without first ensuring that they can do so safely and without compromising their lives.”
The willful violation is for failing to effectively develop and implement a confined space permit program to ensure workers were protected from confined space hazards. OSHA defines a willful violation as one committed with intentional knowing or voluntary disregard for the law’s requirements, or with plain indifference to worker safety and health.
The five serious violations involve failing to provide effective means for atmospheric testing, space ventilation, summoning rescue and emergency services, issuing entry permits, and conducting employee training. A serious violation is issued 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.
OSHA Proposes $63,500 in Fines Following MillerCoors Ammonia Release
OSHA has cited MillerCoors LLC of Golden, Colorado, with 10 alleged serious violations of OSHA standards following the July 2010 release in excess of 2,000 pounds of anhydrous ammonia at its Golden brewery. Proposed fines total $63,500.
OSHA’s investigation found that two employees working on the ammonia system narrowly escaped serious injury when an uncontrolled release occurred during maintenance operations. Anhydrous ammonia is severely corrosive to skin, eyes, and the respiratory system.
“Employers must be diligent in ensuring that employees and the public are not unwittingly exposed to serious hazards caused by inadequate maintenance of systems controlling highly hazardous chemicals,” said John Healy, OSHA’s area office director in Englewood, Colorado. “There is no acceptable reason for any employer to require employees to work around such a dangerous chemical without first ensuring they can do so without compromising their safety and health.”
The serious citations address failing to follow accepted preventive maintenance procedures required under OSHA’s process safety management standard, failing to develop and implement proper lockout/tagout procedures for energy sources, and deficiencies in the emergency eyewash and respirator programs. An OSHA violation is serious 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.
OSHA Fines Construction Company $58,000 for Not Protecting Workers from Falls
Proposed penalties total $58,080.
OSHA initiated an inspection as part of its local emphasis program on fall hazards in construction. As a result of the inspection, the company was cited for three repeat citations with a $48,840 penalty and two serious citations with a $9,240 penalty.
“Falls remain one of the leading causes of fatalities on construction sites,” said Patricia Jones, director of OSHA’s Avenel Area Office in New Jersey. “Employers are responsible for providing workers with basic fall protection to prevent potential injuries.”
The repeat citations were due to the company’s failure to provide fall protection to employees working on roofs approximately 11 feet above ground level, failing to extend two ladders 3 feet above the work area, and failing to protect employees from eye injuries while using pneumatic nail guns. A repeat violation is issued 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.
The serious citations were due to the company’s failure to conduct frequent and regular inspections of the jobsite, and to maintain contact with a ladder when accessing the roof while carrying equipment.
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