TCE is a chlorinated dry-cleaning solvent and degreaser that has been widely used for approximately the last 100 years and has shown carcinogenicity in rodents. Previous epidemiologic studies have shown a reported increase in cancer risk in humans for the kidney, cervix, liver and biliary passages, non-Hodgkin lymphoma, and esophageal adenocarcinoma.
In order to determine the link between TCE exposure and increased cancer risk, Johnni Hansen, Ph.D., of the Danish Cancer Society Research Center in Copenhagen, and colleagues looked at a cohort of workers that had individual documentation for exposure to TCE in Finland, Sweden, and Denmark, where the individuals were monitored for urinary TCE metabolite trichloroacetic acid during 1947–1989 and followed for cancer.
The researchers found statistically significant elevated standardized incidence ratios for primary liver cancer and cervical cancer, but did not find a statistically significant risk of either non-Hodgkin lymphoma or esophageal or kidney cancer.
“Our pooled study of documented TCE-exposed workers provides some evidence for an increased risk of liver cancer, although confounding by other exposures cannot be ruled out. Evaluation of a possible modest risk for kidney cancer and non-Hodgkin lymphoma requires studies with greater statistical power,” the authors write.
In an accompanying editorial, Mark P. Purdue, Ph.D., of the Division of Cancer Epidemiology and Genetics at the National Cancer Institute writes that there has been concern with workers exposed to TCE since the early 1970s and that even though it is now classified as a human carcinogen, further research is needed and safer options should be explored. “Where possible, TCE should be substituted by safer alternative chemicals and/or emissions should be reduced. Conversion from conventional vapor degreasers to new low-emission equipment such as enclosed vapor degreasing systems can greatly reduce solvent exposures in the workplace, and aqueous cleaning systems may also be feasible alternatives in certain applications.”
GHS Worker Training PowerPoint Now Available
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 covers all of OSHA’s required GHS Hazard Communication training requirements in a format that is easy to understand.
Pricing and options:
Options:
- 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
- If you have not updated your hazard communication plan, let Environmental Resource Center update it for you: $799
- Customized PowerPoint and hazard communication plan: $1600.
* $99 per license. Reproductions of the presentation may not be made without authorization.
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 SDSs.
Newark RCRA and DOT Training
Dayton RCRA and DOT Training
Raleigh RCRA, DOT, and EHS Training
California Proposes to List Emissions from Combustion of Coal as Prop 65 Carcinogen
The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) intends to list emissions from combustion of coal as known to the State to cause cancer under the Safe Drinking Water and Toxic Enforcement Act of 1986. This action is being proposed under the authoritative bodies listing mechanism.
OEHHA requested information relevant to the possible listing of emissions from combustion of coal in a notice published in the California Regulatory Notice Register on March 15, 2013 (Register 2013, Vol. No. 11-Z). No public comments were received.
A chemical must be listed under the Proposition 65 regulations when two conditions are met:
- An authoritative body formally identifies the chemical as causing cancer (Section 25306(d)3)
- The evidence considered by the authoritative body meets the sufficiency criteria contained in the regulations (Section 25306(e))
However, the chemical is not listed if scientifically valid data which were not considered by the authoritative body clearly establish that the sufficiency of evidence criteria were not met (Section 25306(f)).
The International Agency for Research on Cancer (IARC) is one of several institutions designated as authoritative for the identification of chemicals as causing cancer (Section 25306(m)). OEHHA is the lead agency for Proposition 65 implementation. After an authoritative body has made a determination about a chemical, OEHHA evaluates whether listing under Proposition 65 is required using the criteria contained in the regulations. OEHHA determined that emissions from the combustion of coal meet the criteria for listing as known to the State to cause cancer under Proposition 65, based on findings of IARC (IARC 2010).
In 2010, IARC published Volume 95 in the series IARC Monographs on the Evaluation of Carcinogenic Risks to Humans, entitled Household Use of Solid Fuels and High-temperature Frying (IARC, 2010). This report satisfies the formal identification and sufficiency of evidence criteria in the Proposition 65 regulations for emissions from combustion of coal.
IARC concluded, “There is sufficient evidence in experimental animals for the carcinogenicity of emissions from combustion of coal.” OEHHA is relying on IARC’s discussion of data and conclusions in the report that emissions from combustion of coal cause cancer. Evidence described in the report includes studies showing that emissions from combustion of coal increase the incidences of malignant lung tumors in two studies in Kumming mice (squamous-cell carcinomas, adenosquamous carcinomas and adenocarcinomas in the study by Liang et al., 1988, and adenocarcinomas in the study by Lin et al., 1995) and one study in Wistar rats (squamous-cell carcinomas in the study by Liang et al., 1988). Thus, IARC (2010) has found that emissions from combustion of coal cause increased incidence of malignant lung tumors in mice and rats.
OEHHA is requesting comments as to whether emissions from combustion of coal meets the criteria set forth in the Proposition 65 regulations for authoritative bodies listings. In order to be considered, OEHHA must receive comments by 5:00 p.m. on Monday, July 8, 2013. Comments submitted in paper form may be mailed, faxed, or delivered in person to:
OSHA Fines Austin Powder Co. $258,000 for Multiple Safety and Health Violations
The McArthur facility produces commercial explosives for the construction and mining industries.
“By disregarding OSHA’s common-sense standards, this employer endangered the facility’s workers,” said Deborah Zubaty, OSHA’s area director for its Columbus office. “OSHA is committed to protecting workers on the job, especially those exposed to hazardous materials, and educating employers about safety and health regulations.”
The OSHA inspection was initiated December 12, 2012, under the Site Specific Targeting Plan, which targets companies that record a higher than average incident and illness rate. A secondary inspection was conducted under the national emphasis program for covered chemical facilities.
An additional 24 serious violations involve inadequate labeling of hazardous chemical containers, not developing energy control procedures for the maintenance and servicing of equipment, lack of machine guarding and fall protection, as well as violations of electrical safety standards. 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.
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.
The facility was inspected in 2009 after an explosion that resulted in three workers hospitalized, one of whom died from injuries received. Five serious citations were issued. A 2010 follow-up inspection found no violations.
Austin Powder, headquartered in Cleveland, employs 225 workers at the McArthur facility, and also operates facilities in Camden, Arkansas, Brownsville, Texas, and Valle Hermosa, Mexico.
Packaging Manufacturer Fined $160,000 Following Amputation
OSHA has cited American Recycling & Manufacturing Co., Inc., for 18 alleged violations of workplace safety standards at its Rochester manufacturing plant. The packaging manufacturer faces a total of $159,400 in proposed fines following an inspection by OSHA’s Buffalo Area Office prompted by a December 3, 2012, amputation incident.
An employee who was cutting wood with a pop-up saw lost his left hand when another employee accidentally stepped on the machine’s operating foot pedal that was unguarded, unexpectedly activating the saw.
“This is exactly the type of incident and injury that machine guarding is designed to prevent. Had the foot pedal been properly guarded, this injury would not have occurred,” said Arthur Dube, OSHA’s area director in Buffalo. “Compounding this hazard is the fact that the employer was aware and did not correct it.”
A willful violation is one committed with intentional, knowing or voluntary disregard for the law’s requirements, or with plain indifference to worker safety and health.
“To prevent incidents like this from occurring, employers should implement an effective illness and injury prevention program in which they will work with their employees to identify, address and eliminate hazards before they harm workers,” said Robert Kulick, OSHA’s regional administrator in New York.
Timpson, Texas, Sawmill Fined $116,000 for Violations After a Worker was Killed
OSHA has cited Nix Forest Industries, Inc., in Timpson, Texas, with 17 safety and health violations, including one willful, after a worker was killed in December 2012 when he was struck by a broken band saw blade and other workers were exposed to hazards at the sawmill.
One health violation was cited for failing to administer an effective hearing conservation program for workers exposed to occupational noise.
An other-than-serious violation was cited for failing to ensure that an OSHA 300A injury and illness form was properly certified.
“Nix Forest Industries failed to take adequate measures to protect workers from a variety of hazards, including being struck-by and caught-between machinery and equipment,” said Stephen Boyd, OSHA’s area director in Dallas. “Following OSHA standards saves lives. This unfortunate loss of life could possibly have been avoided.”
OSHA Fines South River, New Jersey, Masonry Contractor Nearly $91,000 for Fall, Scaffold Hazards
OSHA’s February inspection was initiated in response to imminent fall hazards observed by an OSHA compliance officer.
The same violations were cited in 2010. 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 violations, with a $20,790 penalty, involve failing to guard the point of operation of a mortar mixer, ensure electrical equipment was properly grounded, ensure makeshift devices were not used to increase scaffold height, and to properly install toeboards on the scaffold edge.
“The company must correct its continued disregard for protecting workers from fall and scaffold hazards and failure to comply with OSHA safety standards,” said Lisa Levy, director of OSHA’s Hasbrouck Heights Area Office. “Implementing basic, common-sense and legally required fall protection safeguards can save lives.”
OSHA Fines JBS USA, LLC $83,414 for 20 Violations of Workplace Standards
OSHA has cited JBS USA, LLC, in Greeley with 11 serious, one repeat and eight other-than-serious safety and health violations with proposed penalties totaling $83,414. OSHA began an inspection in December 2012 under its Site Specific Targeting Program that directs enforcement resources to high-hazard workplaces, where high injury and illness rates occur.
The serious violations associated with the safety portion of the inspection pertained to workers being exposed to potential fall hazards from elevated work areas, possible amputations due to the lack of proper machine guarding, not properly locking out equipment energy sources prior to performing maintenance work and failing to use safe work practices for electrical elements. The serious violations associated with the health portion of the inspection focused on workers’ high exposure to occupational noise, resulting in possible hearing loss, and the lack of training on the safe use of chemicals.
The repeat violation was cited for failing to properly guard machinery, exposing workers to ingoing nip points and rotating parts. Similar violations were cited at this same work site in 2009.
The other-than-serious violations include an exposed electrical box, an unsafe ladder, defective emergency egress signs, improper use of electrical cords, lack of electrical personal protective equipment, and worker exposure to high concentrations of carbon dioxide.
“Abating OSHA violations is a sign that an employer wants to keep its workers safe, but in this case, the employer allowed these hazards to reoccur and continued to expose workers to possible amputation hazards, among others,” said Herb Gibson, OSHA’s area director in Denver. “Employers must take the steps necessary to eliminate hazards from the workplace.”
Wisconsin’s Castalloy, Inc. Fined for Exposing Workers to Coal Tar Pitch and Formaldehyde
Castalloy, Inc., has been cited by OSHA for 14 safety and health violations as the result of a follow-up inspection at the company’s Waukesha foundry on November 28, 2012. OSHA has proposed fines totaling $83,160.
“Castalloy has failed in its responsibility to monitor exposure to hazardous materials and to provide proper respiratory and personal protective equipment to its foundry workers,” said Chris Zortman, OSHA’s area director in Milwaukee. “Repeat violations demonstrate a lack of commitment to worker safety and health.”
The November inspection follows one in February 2011 where the company was cited for exposing workers to both coal tar pitch volatiles above the permissible exposure limit and to formaldehyde above the action level.
Nine serious violations include exposure to formaldehyde in excess of the 8-hour OSHA permissible exposure limit, lack of eye protection for formaldehyde exposure and failing to post restricted warning signs regarding the use of formaldehyde. Other violations involve OSHA’s respiratory protection standards, including inadequate respirators for protection from coal tar pitch volatiles, allowing a respirator to be worn with a beard, deficient medical evaluations and changing cartridges without leaving the respirator use area and infrequently changing cartridges.
The steel foundry employs 132 workers. Six of the 13 previous inspections since 1976 have resulted in citations.
Community Power Corp. Fined for Exposing Workers to Amputation Hazards
OSHA has cited Community Power Corp. in Morrison with two safety violations, including one willful. Proposed penalties total $66,990 after an employee was seriously injured in February. The auger system on a piece of equipment unexpectedly began operating and caught the employee’s leg.
The willful violation, with a penalty of $61,600, was cited for failing to develop, document and utilize procedures to control potentially hazardous energy when workers were engaged in testing, trouble-shooting and servicing operations on the BioMax Modular Bioenergy Systems. These systems use various forms of biomass to create usable energy via a patented gasification process, and the employer did not ensure that employees working in close proximity to the BioMax were adequately trained on hazardous energy control procedures.
The serious violation, with a penalty of $5,390, was cited for failing to implement a written confined space entry program, ensuring that workers who enter an enclosed shred-auger bin are adequately protected from exposure to hazards, including powered, unenclosed paddle or screw-type augers.
“Failing to train and protect workers, who are required to work in close proximity of energized machinery or equipment, on hazardous energy control procedures jeopardizes their safety. OSHA will not tolerate such negligence,” said David Nelson, OSHA’s area director in Greenwood Village.
American Family Care Fined $44,000 for Repeat and Serious Safety Violations
American Family Care, Inc., in Montgomery has been cited with three serious health violations carrying proposed penalties of $44,000 following an April inspection by OSHA. OSHA initiated the inspection as a part of the agency’s regional emphasis program for reducing sharps injuries in urgent care centers, medical clinics and ambulatory surgical centers.
One repeat violation, with a penalty of $38,500, has been cited for failing to provide workers with a safety engineered butterfly-style needle for phlebotomy. The same violation was cited during a March 2012 inspection.
One serious violation, with a penalty of $5,500, has been cited for failing to monitor radiation exposure for workers who operate X-ray machines.
One other-than-serious violation, with no monetary penalties, was also cited for failing to provide a warning sign about the hazards of radiation in the X-ray room.
“Sharps-related injuries and radiation exposure are serious hazards that must be removed and closely monitored to maintain a safe environment for workers,” said Joseph Roesler, OSHA’s area director in Mobile. “Providing a safe work environment must be an employer’s number one priority.”
True North Hotel Group, Inc. to Provide National Whistle-Blower Training Following Investigation
As part of an enterprise wide settlement agreement with the US Department of Labor, True North Hotel Group, Inc., a hotel management company based in Overland Park, Kansas, will pay $22,225 in back wages and compensatory damages to a former employee who was terminated from a Massachusetts location after raising workplace safety concerns. The company will also educate all its managers and notify its employees nationwide about workers’ whistle-blower rights under the Occupational Safety and Health Act as administered by the Occupational Safety and Health Administration.
An employee at True North’s Devens Conference Center in Massachusetts was subjected to disciplinary action and then terminated in October 2011 after notifying superiors about safety concerns. The worker then filed a whistle-blower complaint with OSHA, which investigated and found merit to the complaint. True North has elected to settle the matter by taking corrective action.
“Employers must understand that every employee has the right to raise workplace safety and health concerns without fear of retaliation or termination,” said Marthe Kent, OSHA’s New England regional administrator. “When employees are fearful or reluctant to raise these issues with their employers, hazardous conditions could go undetected until employees are injured or sickened.”
“In agreeing to a companywide settlement, True North is pledging to address this issue across the board, ensuring that all its employees are aware they have a voice regarding safety and health at each workplace. They are entitled to protection against discrimination when they exercise that voice,” said Michael Felsen, the department’s regional Solicitor of Labor in Boston, whose office negotiated the settlement with True North.
Specifically, True North will immediately post the whistle-blower fact sheet and OSHA poster, in English and Spanish, in conspicuous locations at all of its work premises nationwide, where they can be seen and read by all employees. It will also provide annual training on whistle-blower rights and employer responsibilities to all managers and supervisors and provide training materials to all newly hired or promoted managers.
In addition to paying the back wages and compensatory damages to the former employee, True North will expunge all references to disciplinary action and termination from his personnel file and provide a written, neutral job reference, should any prospective employer seek a reference for the worker.
Regional Solicitor’s Office trial attorney Suzanne Reilly negotiated the settlement. True North Hotel Group Inc. is a company that develops and manages hotels in Arizona, Florida, Kansas, Maine, Massachusetts, Missouri, New Hampshire, New York, Vermont and Virginia.
Employers are prohibited from retaliating against employees who raise various protected concerns or who provide protected information to the employer or the government. Employees who believe that they have been retaliated against for engaging in protected conduct may file a complaint with the secretary of labor for an investigation by OSHA’s Whistle-blower Protection Program.
Safe Operation of Powered Industrial Trucks is Focus of OSHA’s New Local Emphasis Program in Idaho
OSHA is launching a local emphasis program in Idaho aimed at reducing injuries and fatalities associated with the operation of powered industrial trucks, including forklifts and lift trucks.
OSHA compliance offices will begin conducting inspections in early June to identify and evaluate hazards of operating powered industrial trucks, or PITs, such as being struck by and caught between PITs, which could lead to serious employee injuries or death. Inspections will be conducted in selected agricultural and general industry operations in targeted industries, such as sawmills, food processing and distribution facilities, warehouse operations, and garden and home supply retailers. The establishments will be randomly selected for inspection. In addition, OSHA will respond to complaints, referrals and fatalities related to construction activities and other operations where powered industrial trucks are used.
Between 2006 and 2010, OSHA’s Boise Area Office conducted five fatality investigations where employees were crushed by or struck by forklifts. The office cited 142 violations of the Powered Industrial Truck standard during that same time frame; 93 of those violations were considered serious.
Common violations include:
- Not providing appropriate operator training, or certification of training.
- Failure to conduct regular inspections prior to operation.
- Defective equipment not taken out of service until repaired.
- Elevating workers in an unsafe manner.
- Failure to provide or ensure use of seat belts.
Fire Marshal Warns About Handling of Pool Chemicals
With summer rapidly approaching, many people start hopping into pools, but don’t jump just yet. Massachusetts State Fire Marshal Stephen D. Coan wants pool owners to take a moment to make a pool chemical safety plan and share it with family members. State Fire Marshal Coan said, “Pool chemicals may become a hazard when they get damp or wet with a small quantity of water or when they are improperly mixed with each other, other chemicals or reactive materials.” He added, “It is important to keep pool chemicals dry. Store them in separate containers with lids in a locked shed away from the house and pool.”
Every year more than 5,000 people nationwide are sent to the hospital with pool chemical related injuries.
To avoid injury, follow these safety tips:
- Read and follow the manufacturer’s instructions very carefully. Make sure when you dispose of chemicals that you follow the directions provided.
- Children should never handle pool chemicals, and even teenagers should not be allowed to do so without constant adult supervision.
- Put a lid on chemical containers every time. When containers are left open, water can get in and react with the chemicals. Remember: powder in the water, not water in the powder.
- Clean tools and equipment used to handle one chemical properly before using them with a different chemical.
- Spilled substances (e.g., from damaged containers or from sloppy handling) must be cleaned up and disposed of properly to avoid creating an inadvertent mixing or chemical reaction.
- Liquid chemicals, such as sodium hypochlorite (bleach), if spilled, can leak into other containers or seep into cracks in the floor. Liquids, because of their properties, can create hazards not associated with solid or granular products and must be carefully handled.
Mixing chemicals can lead to a chemical reaction that may generate temperatures high enough to ignite nearby combustible materials. Mixing can also lead to the release of highly toxic and corrosive chlorine gas. Coan said, “A few years ago, a man mixing pool chemicals in his attached garage created a chlorine gas cloud in his family’s home that took firefighters several hours to dissipate.”
Proper pool chemical storage is a must; make sure to take all of the necessary precautions. Pool owners should conduct a review of how they store their pool chemicals and especially look for and correct situations where chemicals could be intentionally or accidentally mixed. Make sure to:
- Separate incompatible substances; avoid storing containers of liquids above containers of other incompatible substances. The most common pool chemicals are inherently incompatible with each other, so be sure to keep them apart.
- Avoid mixing old chemicals with fresh chemicals, even if they are the same type.
- Use separate, designated scoops for each chemical. Handle only one chemical at a time and make sure that tools used with one substance are not used with another unless all residues are removed.
- Use separate, designated containers for cleanup of spilled materials to avoid inadvertent mixing of spilled substances. Consult your local hazardous waste disposal facility for more detailed information on proper waste disposal.
- Lock your storage area to keep children, pets and unauthorized users out.
- Keep your storage area free of rags, trash, debris, or other materials that could clutter the hazardous material area. Keep combustible and flammable substance away from the area.
Coan said, “Local fire departments and hazardous materials teams often respond to emergencies involving swimming pool and hot tub/whirlpool chemicals. The costs incurred by the pool owner for emergency measures can be extremely expensive. Take the necessary measures to prevent or address any injury to people or harm to the environment.”
Also, do not dispose of old pool chemicals in the trash or down the drain. Take old chemicals to a household hazardous waste collection day in your community or to a commercial hazardous waste facility. Since sodium hypochlorite (bleach) is the same chemical used in most water treatment facilities, check to see if your local plant will accept the chemical.
Pool chemical manufacturers’ websites would also be helpful.
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