Effective November 27, 2015, California’s Office of Environmental Health Hazard Assessment (OEHHA) is adding topiramate (CAS No. 97240-79-4) to the list of chemicals known to the state to cause reproductive toxicity (developmental endpoint) for purposes of Proposition 65.
The listing of topiramate was based on a formal requirement by a state or federal agency that the chemical be identified or labeled as causing reproductive toxicity as provided under Proposition 65. Topiramate has been identified or labeled to communicate a risk of reproductive harm (developmental toxicity endpoint) in accordance with formal requirements by the US Food and Drug Administration. Regulations governing the listing of chemicals under the “formally required to be labeled or identified” mechanism are published in Title 27, California Code of Regulations, section 25902.
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
Wilmington RCRA and DOT Training
Cleveland RCRA and DOT Training
Cary RCRA and DOT Training
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.
The NIEHS Worker Training Program Produces Positive Returns
The economists who authored the report found fiscal benefits in the program's positive effect on earnings that also lead to additional revenue through taxes, reduced costs related to workplace injury, a reduction in hiring costs for businesses, decreased costs related to crime, and fewer social program transfers.
FMCSA’s Final Rule Prohibits Coercion, Protects Commercial Truck and Bus Drivers From Being Forced to Violate Safety Regulations
The Rule provides FMCSA with the authority to take enforcement action not only against motor carriers, but also against shippers, receivers, and transportation intermediaries.
“Our nation relies on millions of commercial vehicle drivers to move people and freight, and we must do everything we can to ensure that they are able to operate safely,” said US Transportation Secretary Anthony Foxx. “This Rule enables us to take enforcement action against anyone in the transportation chain who knowingly and recklessly jeopardizes the safety of the driver and of the motoring public.”
The Final Rule addresses three key areas concerning driver coercion: procedures for commercial truck and bus drivers to report incidents of coercion to the FMCSA, steps the agency could take when responding to such allegations, and penalties that may be imposed on entities found to have coerced drivers.
“Any time a motor carrier, shipper, receiver, freight-forwarder, or broker demands that a schedule be met, one that the driver says would be impossible without violating hours-of-service restrictions or other safety regulations, that is coercion,” said FMCSA Acting Administrator Scott Darling. “No commercial driver should ever feel compelled to bypass important federal safety regulations and potentially endanger the lives of all travelers on the road.”
In formulating this Rule, the agency heard from commercial drivers who reported being pressured to violate federal safety regulations with implicit or explicit threats of job termination, denial of subsequent trips or loads, reduced pay, forfeiture of favorable work hours or transportation jobs, or other direct retaliations.
Some of the FMCSA regulations drivers reported being coerced into violating included: hours-of-service limitations designed to prevent fatigued driving, commercial driver’s license (CDL) requirements, drug and alcohol testing, the transportation of hazardous materials, and commercial regulations applicable to, among others, interstate household goods movers and passenger carriers.
Commercial truck and bus drivers have had whistle-blower protection through the Department of Labor’s Occupational Safety and Health Administration (OSHA) since 1982, when the Surface Transportation Assistance Act (STAA) was adopted. The STAA and OSHA regulations protect drivers and other individuals working for commercial motor carriers from retaliation for reporting or engaging in activities related to certain commercial motor vehicle safety, health, or security conditions. STAA provides whistleblower protection for drivers who report coercion complaints under this Final Rule and are then retaliated against by their employer.
The Memorandum allows for the exchange of safety, coercion, and retaliation allegations, when received by one agency, that fall under the authority of the other.
This rulemaking was authorized by Section 32911 of the Moving Ahead for Progress in the 21st Century Act (MAP-21) and the Motor Carrier Safety Act of 1984 (MCSA), as amended.
United Hospital Supply Corp. Exposes Employees to Repeat Safety and Health Hazards
OSHA initiated a safety inspection on May 27, 2015, as part of the agency's site-specific targeting program for industries with high injury and illness rates.
The other-than-serious citation involved an unlabeled chemical spray bottle.
Proposed penalties total $181,500.
"The willful and repeat violations cited during these latest inspections were identified in 2010 at United Health Supply Corp.'s facility. In the last five years, the company has shown plain indifference by not implementing or maintaining corrective actions to address these hazards," said Paula Dixon-Roderick, OSHA's area director in Marlton. "Employers will be held legally responsible when they fail to provide a safe and healthful workplace."
Gravedigger Engulfed in Cave-In of Unguarded Grave at Long Island Cemetery
An employee of St. Charles/Resurrection Cemeteries in Farmingdale, New York, was seriously injured on May 7, 2015, when the walls of the grave opening in which he was working collapsed and buried him up to his waist.
Other hazards included damaged equipment and the placement of excavated soil on the edge of the unprotected trench. These conditions exposed employees to the hazards of cave-in, engulfment, and struck-by injuries.
Proposed penalties total $123,200.
“This worker literally came close to an early grave because the cemetery failed to provide proper excavation protections. This cave-in could have been prevented if proper and legally required trenching safety procedures had been followed by the employer,” said Anthony Ciuffo, OSHA’s Long Island area director. “It is imperative that St. John Cemetery Corp., ensure that workers at all its cemeteries are protected against cave-in hazards and ensure that an incident such as this does not happen again in the future.”
Affordable Exteriors Repeatedly Endangered Workers, Fined $112,000
. In the latest instance, OSHA inspectors observed seven Affordable Exteriors, LLC, employees working at heights of up to 25 feet at a Weston residential site without fall protection equipment.
Proposed penalties from the agency's April 2015 inspection total $112,200.
This is the fourth time OSHA has cited Affordable Exteriors for not providing fall protection at job sites in Wisconsin and Minnesota. In 2014, OSHA and Minnesota OSHA cited the company for failing to provide fall protection at residential sites in Marshfield and Duluth, Minnesota. The company was also cited in 2013 for violations in Duluth. The business has not responded to OSHA and Minnesota OSHA to resolve the citations and penalties.
"Many people have told Affordable Exteriors to use fall protection s—OSHA, Minnesota OSHA and the job-site contractor. The company ignored them all," said Robert Bonack, OSHA's area director in Appleton. "That's a reckless disregard for safety. Falls are the leading cause of death in the construction injury. Three Wisconsin workers died last year from job-site falls."
Ohio Gasket & Shim Company Fined $103,600 After Worker Suffers Amputation
OSHA found the power press did not have the required safety guards, which exposed the worker to operating parts of the machine when he switched from two hand to foot controls.
OSHA also found the company failed to:
- Properly supervise machine use
"This worker suffered a life-altering injury because his employer failed in its responsibility to install required safety mechanisms," said Howard Eberts, OSHA's area director in Cleveland. "Each year hundreds of workers are injured on the job because employers fail to make safety the top priority. The company must evaluate its health and safety program to ensure workers are protected on the job."
Proposed penalties total $103,600.
Two Employers Fined After Worker Falls to His Death at Construction Site
As part of a nationwide outreach campaign, OSHA is working to raise awareness among workers and employers about the hazards of falls from ladders, scaffolds, and roofs.
"Falls are preventable. Ramco failed to comply with commonsense safety practices, and that cost a worker his life. Such negligence will not be tolerated," said Joann Figueroa, OSHA's area director in the Houston North office. "It is the employer's responsibility to find and fix hazards in the workplace."
JA Siding Construction Services Exposed Workers to Dangerous Falls, Other Safety Hazards
OSHA cited Jose M. Hernandez Cruz, doing business as JA Siding Construction Services, LLC, for two willful and one repeated safety violation.
These hazards exposed workers to falls ranging from 28-32 feet.
JA Siding was previously cited for this violation in 2014.
Proposed penalties total $65,120.
"Falls are the leading cause of death in construction and JA Siding is blatantly disregarding the safety and health of its workers by not providing fall protection and not ensuring the scaffolding is properly secured," said Christi Griffin, director of OSHA's Atlanta-West Area Office. "These hazards cannot continue to go unchecked and management must make immediate changes."
Speedway Lacks Adequate Workplace Violence Safeguards
An employee working alone late at night at a Speedway, LLC, Inc., gasoline station/convenience store in South Syracuse was shot in the leg on May 10, 2015, during an armed robbery.
The inspection by the Syracuse Area Office of OSHA found that employees were exposed to the clearly recognized hazard of workplace violence, in that they were exposed to physical assaults while performing their routine duties.
Feasible, industry recognized and accepted abatement methods to correct this hazard could include a combination of:
- A comprehensive workplace violence prevention program that includes management and worker involvement, analysis of worksite hazards, hazard prevention and control measures, and safety and health training
- Installing panic buttons to alert local authorities, physical barriers such as bullet resistant enclosures to separate customers from store employees, and a drive-through window for the overnight hours
- Redesigning the store to allow for better visibility and hanging signs to inform the public of security precautions such as a time locked safe, limited accessible cash and video surveillance
OSHA cited the company on November 9, 2015, for one serious violation.
Proposed penalties total $7,000.
"The hazards of workplace violence in late night retail establishments are well known, but so are the measures employers can take to safeguard their employees against these hazards," said Robert Kulick, OSHA's regional administrator in New York.
"It is imperative that Speedway take effective and ongoing action to prevent and minimize future injuries to its employees," said Christopher Adams, OSHA's area director in Syracuse.
Two Employers Cited for Exposing Workers to Cave-In Hazards at an Unprotected Trench
North Texas Contracting, Inc., was fined $59,100. K&S Contractors was fined $6,800.
"Any time a worker is exposed to a trenching hazard that worker's life is in serious and immediate jeopardy. North Texas Contracting failed to comply with commonsense safety practices and such disregard will not be tolerated," said Steve Devine, OSHA's acting area director in the Houston North office. "It is the employer's responsibility to find and fix hazards in the workplace."
OSHA National Advisory Committee on Occupational Safety and Health Schedules Meeting of the Emergency Response and Preparedness Subcommittee
OSHA’s National Advisory Committee on Occupational Safety and Health will hold a meeting of the Emergency Response and Preparedness Subcommittee on December 8, 2015, in Washington, D.C.
Among other issues, the subcommittee will discuss potential elements of an emergency response and preparedness proposed rule, such as facility and equipment preparedness, vehicle preparedness and operation, pre-incident planning, emergency incident standard operating procedures, post-incident analysis, and program evaluation.
The meeting will be held from 9 a.m. to 5 p.m. in C-5320, Room 6 at the US Department of Labor, 200 Constitution Ave, NW, Washington, DC 20210. The meeting is open to the public.
Is Your Vehicle Ready for Winter?
Harsh winter conditions make your vehicle work harder, particularly the charging and starting system, headlights, tires, and windshield wipers. To avoid being one of the over 1 million motorists stranded this holiday season, AAA recommends that you:
- Clean any corrosion from battery posts and cable connections and wash all surfaces with battery terminal cleaner or a solution of baking soda and water. Have the battery checked by a professional to ensure it is strong enough to face cold weather.
- Have any engine drivability problems corrected at a good repair shop. Symptoms like hard starts, rough idling, stalling or diminished power could signal a problem that would be exacerbated by cold weather.
- Replace worn windshield-wiper blades. If your climate is harsh, purchase one-piece beam-type or rubber-clad winter blades to fight snow and ice build-up. Use cold-weather windshield washer solvent and carry an ice-scraper.
- Inspect all lights and bulbs and replace burned out bulbs. Clean road grime or clouding from all lenses.
- Have your mechanic check the exhaust system for leaks and look for any holes in the trunk and floorboards.
- Examine tires for tread depth, uneven wearing, and cupping. Check tire pressures once a month when tires are cold, before driving for any distance. In extreme climates, a set of winter snow tires may be a wise investment.
AAA members can receive a free maintenance inspection anytime they have work performed at any of these locations.
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