Updated OSHA Enforcement Response Plan for COVID-19

OSHA has issued new instructions and guidance to Area Offices and Compliance Safety and Health Officers (CSHOs) for handling COVID-19-related complaints, referrals, and severe illness reports in workplaces other than healthcare facilities.

 

The following summarizes OSHA’s updated enforcement strategy for reducing the risk of workplace transmissions of SARS-CoV-2:

 

Oregon OSHA adopted an emergency rule that strengthens requirements for employers to protect workers from the dangers of high and extreme heat. The requirements expand access to shade and cool water. They also include regular cool-down breaks, training, communication, emergency planning and other measures.

 

The temporary rule is effective immediately and stays in place for 180 days, as Oregon OSHA continues its work on a permanent heat stress prevention rule with an eye on adopting it this fall. The temporary rule was adopted following direction from Oregon Gov. Kate Brown to enact emergency measures. The temporary rule applies to any workplace – outdoors and indoors – where heat dangers are caused by the weather.

 

Andrew Stolfi, director of the Oregon Department of Consumer and Business Services, which includes Oregon OSHA, said the division's emergency measures and ongoing work on a permanent rule underscore the fact that the risks of working in high heat are not going away this, or any, summer. “In the face of an unprecedented heat wave in the Pacific Northwest – and tragic consequences – it is absolutely critical that we continue to build up our defenses against the effects of climate change, including extreme heat events," he said.

 

“This rule creates greater clarity for employers about the specific steps that need to be taken to protect workers from heat stress dangers at work," said Michael Wood, administrator for Oregon OSHA “For employees, it further crystalizes their existing rights to protection from heat hazards where they work."

 

Oregon OSHA encourages a careful reading of the entire rule, which reflects the best available science, and input from labor and employer stakeholders. The division offers free resources for understanding and implementing the rule. The rule incorporates the heat index, which is what the temperature feels like to the human body when relative humidity is combined with the air temperature. The following is a summary of the rule's provisions.

 

When the heat index is equal to or above 80 degrees Fahrenheit employers are required to provide:

 

When the heat index rises above 90 degrees Fahrenheit, all of the rules for 80 degrees apply and, in addition, employers must:

 

To be sufficient, shade must:

 

To qualify as an adequate supply of drinking water, it must:

 

No later than Aug 1, 2021, employers must ensure that all employees, including new employees, supervisory, and non-supervisory employees, are trained in the following topics, in a language readily understood, before they begin work in a heat index equal to or in excess of 80 degrees Fahrenheit:

 

The emergency rule documents are available on Oregon OSHA's Adopted Rules page: Oregon Occupational Safety and Health : Adopted Rules : Rulemaking : State of Oregon

 

The following free resources are available to help protect workers from high and extreme heat:

 

 

The FDA announced it has revoked Emergency Use Authorizations (EUAs) of all non-NIOSH (National Institute of Occupational Safety and Health)-approved disposable respirators, which includes imported disposable respirators such as KN95s, along with revoking EUAs for decontamination and bioburden reduction systems.

 

These actions are consistent with the Centers for Disease Control and Prevention’s (CDC) updated recommendations that health care facilities not use crisis capacity strategies and should promptly return to conventional practices. They are also consistent with the Occupational Safety and Health Administration’s (OSHA) recently published Emergency Temporary Standard (ETS) to protect health care workers, which requires health care employers to provide NIOSH-approved or FDA-authorized respirators for workers potentially exposed to COVID-19.

 

All manufacturers of decontamination and bioburden reduction systems have requested, and the FDA has proceeded with, the revocation of their EUAs, effective June 30, 2021.

Since the beginning of the pandemic, NIOSH has approved more than 875 respirator models or configurations, with some of these manufactured by approximately 20 new, domestic NIOSH-approval holders. In addition, as of today, there are more than 6,400 total respirator models or configurations on the NIOSH-certified equipment list which have met the NIOSH-approved EUA criteria and thus are FDA-authorized. These include:

 

The EUA revocations announcement for all non-NIOSH approved disposable FFRs follows earlier actions to limit authorization of imports of non-NIOSH-approved filtering facepiece respirators, imports of non-NIOSH approved filtering facepiece respirators manufactured in China, and decontamination and bioburden reduction systems for disposable respirators.

 

FDA has also withdrawn two related decontamination and bioburden reduction guidance documents:

 

The FDA recommends health care personnel transition from extended use of disposable respirators to single-use for single-patient interactions as appropriate. See the letter to health care personnel for additional information.

 

 

A water disinfectant created on the spot using just hydrogen and the air around us is millions of times more effective at killing viruses and bacteria than traditional commercial methods, according to scientists from Cardiff University. Reporting their findings in the journal Nature Catalysis, the team say the results could revolutionize water disinfection technologies and present an unprecedented opportunity to provide clean water to communities that need it most.

 

Their new method works by using a catalyst made from gold and palladium that takes in hydrogen and oxygen to form hydrogen peroxide - a commonly used disinfectant that is currently produced on an industrial scale.

 

Over four million tonnes of hydrogen peroxide are made in factories each year, where it is then transported to the places it is used and stored. This means that stabilizing chemicals are often added to the solutions during the production process to stop it degrading but these reduce its effectiveness as a disinfectant.

 

Another common approach to disinfecting water is the addition of chlorine; however, it has been shown that chlorine can react with naturally occurring compounds in water to form compounds which, in high doses, can be toxic to humans.

 

The ability to be able to produce hydrogen peroxide at the point of use would overcome both efficacy and safety issues currently associated with commercial methods. In their study, the team tested the disinfection efficacy of commercially available hydrogen peroxide and chlorine compared to their new catalytic method.

 

Each was tested for its ability to kill Escherichia coli in identical conditions, followed by subsequent analysis to determine the processes by which the bacteria were killed using each method. The team showed that as the catalyst brought the hydrogen and oxygen together to form hydrogen peroxide, it simultaneously produced a number of highly reactive compounds, known as reactive oxygen species (ROS), which the team demonstrated were responsible for the antibacterial and antiviral effect, and not the hydrogen peroxide itself.

 

The catalyst-based method was shown to be 10,000,000 times more potent at killing the bacteria than an equivalent amount of the industrial hydrogen peroxide, and over 100,000,000 times more effective than chlorination, under equivalent conditions. In addition to this, the catalyst-based method was shown to be more effective at killing the bacteria and viruses in a shorter space of time compared to the other two compounds.

 

It is estimated that around 785 million people lack access to water and 2.7 billion experience water scarcity at least one month a year.

 

In addition to this, inadequate sanitation--a problem for around 2.4 billion people around the world--can lead to deadly diarrheal diseases, including cholera and typhoid fever, and other water-borne illnesses.

 

Co-author of the study Professor Graham Hutchings, Regius Professor of Chemistry at the Cardiff Catalysis Institute, said: "The significantly enhanced bactericidal and virucidal activities achieved when reacting hydrogen and oxygen using our catalyst, rather than using commercial hydrogen peroxide or chlorination shows the potential for revolutionizing water disinfection technologies around the world. We now have proven one-step process where, besides the catalyst, inputs of contaminated water and electricity are the only requirements to attain disinfection.  Crucially, this process presents the opportunity to rapidly disinfect water over timescales in which conventional methods are ineffective, whilst also preventing the formation of hazardous compounds and biofilms, which can help bacteria and viruses to thrive."

 

The study was led by Cardiff University's School of Chemistry and School of Pharmacy and Pharmaceutical Sciences, accompanied by researchers from Swansea University, Lehigh University, National University of Singapore and the University of Bath, and experts at Dwr Cyrmu Welsh Water.

 

 

The heat is on! Be prepared to protect yourself from heat-related illnesses! Check out the NIOSH Fast Fact tip sheet on the symptoms of heat-related illnesses and preventative steps you can take to avoid them. For more information on heat stress, along with resources to share with your employees, see the NIOSH Heat Stress webpage.

 

Some of the newly added substances are used in consumer products such as cosmetics, scented articles, rubber and textiles. Others are used as solvents, flame retardants or to manufacture plastics products. Most have been added to the Candidate List because they are hazardous to human health as they are toxic for reproduction, carcinogenic, respiratory sensitizers or endocrine disruptors.

 

The Candidate List includes substances of very high concern that may have serious effects on our health or the environment. These substances may be placed on the Authorization List in the future, which means that companies would need to apply for permission to continue using them. The Candidate List has now 219 entries – some of these cover groups of chemicals so the overall number of impacted chemicals is higher.

 

Under the REACH Regulation, companies may have legal obligations when their substance is included – either on its own, in mixtures or in articles – in the Candidate List. Any supplier of articles containing a Candidate List substance above a concentration of 0.1 % weight by weight has to give sufficient information to their customers and consumers to allow safe use.

 

Importers and producers of articles containing a Candidate List substance have six months from the date of its inclusion in the list (8 July 2021) to notify ECHA. Suppliers of substances on the Candidate List (supplied either on their own or in mixtures) have to provide their customers with a safety data sheet.

 

As of 5 January 2021, suppliers of articles on the EU market containing Candidate List substances in a concentration above 0.1% weight by weight must notify these articles to ECHA’s SCIP database. This duty comes from the Waste Framework Directive.

More information on these obligations and related tools are available on ECHA’s website.

 

Companies must follow their legal obligations and ensure the safe use of these chemicals. Companies in the US that export to the EU will have to notify ECHA under the Waste Framework Directive if their products contain substances of very high concern. This notification is submitted to ECHA’s SCIP database and the information will later be published on the Agency’s website.

 

Entries added to the Candidate List on 8 July 2021:

 

 

In August 2020, after reviewing the available data and information, EPA issued the initial SurfaceWise2 emergency exemption for specific locations under Section 18 of FIFRA. SurfaceWise2 was expected to kill coronaviruses like SARS-CoV-2 on surfaces for up to seven days when used as a supplement to a List N disinfectant. List N is a list of products that EPA expects will kill SARS-CoV-2, the coronavirus that causes COVID-19, when used according to the label directions.

 

In January 2021, EPA revised the terms and conditions under which SurfaceWise2 could be used after an initial review of internal laboratory data revealed that exposure to moisture could adversely impact the product’s durability, reducing its residual efficacy. EPA’s revised terms of use applied to Texas and two additional states that received emergency use exemptions in January—Arkansas and Oklahoma.

 

In May 2021, EPA received a revocation request from Oklahoma indicating the emergency situation was no longer applicable in the state. Also, EPA investigations found the company was marketing, selling, and distributing SurfaceWise2 in ways that were inconsistent with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA’s regulations, and the terms and conditions of the emergency exemption authorizations. Specific use sites included American Airlines aircraft and airport facilities and two orthopedic facilities in Texas.

 

EPA has accepted Oklahoma’s rationale and revoked the state’s emergency exemption on those grounds. This action is in addition to revoking the emergency exemptions for Arkansas and Texas. The revocation was issued as a Stop Sale, Use or Removal Order (SSURO) to Allied BioScience for their product SurfaceWise2. SurfaceWise2, a residual antimicrobial surface coating, was previously authorized for emergency use in Arkansas, Oklahoma, and Texas to help address the COVID-19 pandemic.

 

The SSURO that requires Allied BioScience, the product manufacturer, to immediately stop selling and distributing SurfaceWise2. The SSURO will remain in effect unless revoked, terminated, suspended or modified in writing by EPA.

 

“Pesticides can cause serious harm to human health and the environment, which is why EPA requires their registration before being distributed for use,” said Larry Starfield, EPA acting assistant administrator for the Office of Enforcement and Compliance Assurance. “EPA is committed to holding companies accountable for not adhering to federal environmental laws.”  

 

Additionally, EPA has revoked SurfaceWise2 emergency exemptions for Arkansas and Texas due to the company misconduct described above and scientific concerns regarding product performance.

 

Since January, new data have become available, leading EPA to comprehensively review new and existing information. EPA laboratory testing indicates the product's performance is less reliable under real-world conditions, particularly when it is exposed to moisture or abrasion. Therefore, based on all the available efficacy data for SurfaceWise2, EPA does not support its continued emergency use.

 

Given the product’s limited approved scope of use and CDC guidance that states the risk of transmission for SARS-CoV-2 by touching a contaminated surface is considered to be low, removing this unregistered product from the market does not endanger human health or limit the fight against the virus. EPA has registered many other products for decontaminating surfaces when the need arises.

 

Section 18 of FIFRA authorizes EPA to exempt state and federal agencies from provisions of FIFRA and allow unregistered uses of pesticides to address emergency conditions. Under such an exemption, EPA allows limited use of a pesticide in defined geographic areas for a finite time once EPA confirms the situation meets the statutory definition of "emergency condition" and the product will not cause unreasonable adverse effects on human health or the environment.

 

To ensure emergency exemptions are effectively addressing an emergency, EPA’s regulations require additional recordkeeping and reporting beyond those that apply to registered pesticides. EPA’s regulations also include provisions for EPA to unilaterally modify or revoke emergency exemptions if deemed necessary.

 

Moving to protect the health of Californians, the California Department of Toxic Substances Control (DTSC) has taken action to require manufacturers of carpets and rugs sold in the state to consider safer alternatives to a group of hazardous chemicals that have been linked to serious health impacts and pose a particular exposure risk to children when used in carpets and rugs.

 

Perfluoroalkyl and polyfluoroalkyl substances (PFASs), which are sometimes found in carpets and rugs designed to repel soil and stains, have been linked to a variety of health effects including liver problems, kidney and testicular cancer, and disrupted hormone functions. Infants and children are particularly at risk of exposure if these chemicals are used in rugs and carpets because children crawl on floors and put their fingers in their mouths.

 

PFASs, often called “forever chemicals” because they don’t easily break down, are commonly found in the environment and have been found in the bodies of almost every human studied. Research shows that PFASs can also be passed to babies through the placenta and through breast milk.

 

“PFASs are some of the most persistent toxic chemicals in existence,” said DTSC Director Meredith Williams. “Using them in carpets and rugs is of particular concern because so many homes and offices have them as floor coverings, subjecting many people to prolonged exposure every day. This action is a major step forward in the Department’s mission to protect Californians from harmful chemicals in the environment and in the products they purchase and use.”

 

Under the new regulation, adopted by the Department July 1, carpets and rugs containing PFASs are now DTSC’s fourth “Priority Product”, which have been identified by the Department as containing one or more chemicals that can harm people or the environment.

 

DTSC’s Safer Consumer Products program is currently considering regulating other consumer products sold in California, including:

 

Magellan Diagnostics, Inc. and the U.S. Food and Drug Administration (FDA) have issued a recall notice concerning the use of some LeadCare® Blood Lead Tests (certain LeadCare II, LeadCare Plus, and LeadCare Ultra test kit lots). These lots were distributed between October 27, 2020, and June 15, 2021. The use of these devices may cause serious injuries because they might underestimate blood lead levels. The FDA has identified this as a Class I recall, the most serious type of recall.

 

The purpose of this Centers for Disease Control and Prevention (CDC) Health Alert Network (HAN) Health Advisory is to notify healthcare providers and state and local health departments about this recall notice and to recommend appropriate follow-up actions.

Magellan Diagnostics, Inc. is recalling its LeadCare II, LeadCare Plus, and LeadCare Ultra Blood Lead Tests due to a significant risk of falsely low blood lead level results. The FDA has concerns that the falsely low results may contribute to health risks in special populations such as young children and pregnant individuals. A pregnant or lactating individual’s exposure to lead is concerning because it may cause health problems for the parent and the developing baby. Obtaining falsely low blood lead level results may lead to inappropriate follow-up assessments, which may result in patient harm, including delayed puberty, reduced postnatal growth, decreased IQ, and inattention and behavior problems in children.

 

The FDA notified CDC on June 24 that some Magellan Diagnostics blood lead test kits were undergoing a voluntary recall by the manufacturer. The FDA is now recommending that Magellan Diagnostics customers discontinue the use of all affected test kit lots identified as part of the recall and quarantine remaining inventory.

 

 

Per CDC guidance, children with blood lead levels at or greater than 5 μg/dL should have had a subsequent test with a venous blood sample for confirmation. LeadCare instruments are currently approved for use only with capillary or finger/heel stick samples. Venous blood confirmation levels are performed with higher complexity testing such as inductively coupled plasma mass spectrometry (ICP-MS) or graphite furnace atomic absorption spectroscopy (GFAAS) and are generally considered more accurate.

 

More information about blood lead testing can be found by visiting—

More information about the recall can be found by visiting—

 

An investigation by the U.S. Department of Labor’s Occupational Safety and Health Administration has found that CSX Transportation violated the Federal Railroad Safety Act and demonstrated a pattern of retaliation after firing a worker in December 2019 for reporting safety concerns. OSHA ordered the company to pay $71,976 in back wages, interest, and damages, and $150,000 in punitive damages.

 

“CSX Transportation’s actions are unacceptable,” said OSHA Regional Administrator Eric Harbin in Dallas. “Federal law protects employees who report hazards in the nation’s transportation sector and OSHA is committed to enforcing these rights to keep workers safe.”

 

This investigation is the latest example of CSX retaliating against workers for reporting safety concerns. In October 2020, OSHA ordered CSX to reinstate an employee who reported an unsafe customer gate and an on-the-job injury and pay more than $95,000 in back wages and $75,000 in punitive damages. Similar whistleblower investigations resulted in reinstatements and payment of back wages and damages in the New York region in 2016 and 2010.

 

Based in Jacksonville, Florida, CSX Transportation Inc. is one of the nation’s leading transportation suppliers. The company provides rail-based transportation services including traditional rail service, intermodal containers and trailers, and operates on about 20,000 route miles of track in 23 states.

 

 

The Pennsylvania Environmental Quality Board will hold a meeting on Tuesday July 13, 2021 to consider the final form rulemaking for Pennsylvania to take part in the Regional Greenhouse Gas Initiative (RGGI). The meeting will be held at 9:00 AM and will be streamed at pacast.com/live/dep. The Rachel Carson State Office Building remains closed to the public.

 

The final RGGI regulation takes into account the thousands of comments received across 10 virtual public hearings and 60 day comment period. The final version of the regulation, along with supporting documents, can be found at dep.pa.gov/rggi under “Consideration of Final Rulemaking: CO2 Budget Trading Program (25 Pa. Code Chapter 145).”

 

Benefits of the regulation, if enacted, include:

 

More information about RGGI and Pennsylvania can be found at dep.pa.gov/rggi.

 

 

Annual training is required by 40 CFR 262.17(a)(7). Learn how to complete EPA’s new electronic hazardous waste manifest, and the more than 60 changes in EPA’s new Hazardous Waste Generator Improvements Rule. Environmental Resource Center’s Hazardous Waste Management: The Complete Course is available via live webcasts. If you plan to also attend DOT Hazardous Materials Training: The Complete Course, call 800-537-2372 to find out how you can get your course materials on an Amazon Fire HD 10 tablet at no extra charge.

 

 

Environmental Resource Center has openings for EHS consultants and trainers. If you are looking for a new challenge, send your resume and salary requirements to Brian Karnofsky at brian@ercweb.com.