OSHA Asks Paperwork Comments on PPE Standard for General Industry

OSHA has asked for comments on its required proposal to extend the Office of Management and Budget’s (OMB) approval of the information collection (paperwork) requirements contained in its Personal Protective Equipment (PPE) Standard for General Industry (29 CFR part 1910, subpart I).

Comments are due January 22, 2010.

http://edocket.access.gpo.gov/2009/E9-28031.htm

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OSHA’s New Years Resolutions…Welcome to 2010

Some of the top issues employers may face from the new OSHA in 2010.

1. Severe Violators Enforcement Program
2. National Emphasis Program on recordkeeping
3. OSHA Reform Legislation (e.g.,  “Protecting America’s Workers Act”)
4. Combustible Dust Standard
5. “Civil or Criminal?” is now “maybe both,” given the increased use of criminal penalties by both OSHA and MSHA
6. Will MSHA reform legislation will become a model for more changes to OSHA
7. Ergonomics under the current administration
8. OSHA’s new enforcement initiatives
9. Increased penalty amounts for all categories of violations
10. Expansion of OSHA to public state and local workers 

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‘Tis the Season to be Wasteful: Happy Holidays!

HAPPY HOLDIAYS!  See you in 2010.  In the meantime please consider the following.

Confined spaces can be deadly: On average 2 workers won’t come home this week

“(FOREST GROVE, Ore.) – Fire officials say one person died and a second was successfully rescued today, after they became trapped in the confined space of an underground manhole on NW Timmerman Road west of Forest Grove.”  This recent headline could have been taken from just about any newspaper during any given week around the country in 2009.   According to data collected by the U.S. Department of Labor (USDOL), Bureau of Labor Statistics (BLS) Census of Fatal Occupational Injuries (CFOI) program, fatal injuries in confined spaces averages 92 fatalities per year.  That’s almost two per week.    According to OSHA, over 4.8 million confined space entries are made every year in the United States, and over 11,000 injuries that occur could be prevented if employers and workers had simply follow the procedures outlined under 29 CFR 1910. 146. 

The causes of most confine space entry incidents are simple; employers and workers fail to recognize and control the hazards associated with confined spaces, and they conduct inadequate or incorrect emergency response, resulting in the death of the initial entrant, the would-be rescuer or both.  Pre-planning for confined space entry should include all parties involved and should serve the purpose of reviewing entry procedures as well as covering specific hazards inherent to the spaces being entered.

Confined spaces can be deadly because of the potential for engulfment, oxygen deficiency, oxygen enrichment, flammable gases or vapors, combustible dusts, toxic substances and other physical hazards. Other health hazards that could impact employee safety include electrical equipment, mechanical equipment, poor visibility, biohazards, claustrophobia, noise, radiation and temperature.

The following is based on the CDC’s: Recommendations for Preventing Occupational Fatalities in Confined Spaces:

Worker training is essential to the RECOGNITION of what constitutes a confined space and the hazards that may be encountered in them. This training should stress that death to the worker is the likely outcome if proper precautions are not taken before entry is made.

All confined spaces should be TESTED by a qualified person before entry to determine whether the confined space atmosphere is safe for entry. Tests should be made for oxygen level, flammability, and known or suspected toxic substances. EVALUATION of the confined space should consider the following:

• methods for isolating the space by mechanical or electrical means (i.e., double block and bleed, lockout, etc.),
• the institution of lockout-tagout procedures,
• ventilation of the space,
• cleaning and/or purging,
• work procedures, including use of safety lines attached to the person working in the confined space and its use by a standby person if trouble develops,
• personal protective equipment required (clothing, respirator, boots, etc.),
• special tools required, and
• communications system to be used.

The confined space should be continuously MONITORED to determine whether the sphere has changed due to the work being performed.

Be safe and this Holiday Season make sure you and ALL of you co-workers and employees make it home alive and safe each of every day!

More Trouble for BP Texas City: Jury Awards $100M to workers

A Federal jury ordered BP to pay $100 million to 10 workers who were sickened by a 2007 chemical release at its Texas City refinery.  This is just another installment of trouble for this refinery, which happens to be the third largest in the United States.  Of course BP has vowed to appeal the verdict, but that won’t solve their public relations nightmare.  As I write this blog post, the story is being picked up all over the world, and this news headline won’t soon be forgotten.

According to the suit, the workers said they were exposed to the chemicals while repairing two refining units damaged in a plantwide 2005 shutdown prior to Hurricane Rita’s strike on the Texas Coast.   They said BP had a poorly maintained workplace and lacked sufficient monitoring to detect toxic chemicals or warn workers of a release.

BP countered that the plant did not release a toxic substance, and the company had no control over the “odor event” that stemmed from another unidentified party’s negligence.  Tony Buzbee the worker’s attorney also represents another 133 workers suing BP over the chemical release.

Originally his clients asked BP for $5,000 each in damages, Buzbee said, but went to trial when BP wouldn’t budge from a $500 settlement offer to each worker.  Now I am not a mathematician, but $5,000 x 10 = $50,000 by my count.  Even adding in the other 133 workers ($665,000) that is still well short of the $100 million jury verdict.  I would hazard a guess that BP spent this amount in legal fees, and other related costs fighting this lawsuit. 

This is a case where standing on principal was a fool’s errand for BP!  Executives at BP owe their stockholders an explanation for this debacle.

New OSHA Administrator addresses safety of ‘green’ jobs

From the National Safety Council (www.nsc.org)

In his first speech since being confirmed as OSHA administrator, David Michaels outlined the agency’s initiative to pair newly emerging “green” jobs with safety.   Green jobs – environmentally friendly initiatives focused on sustainability – are viewed by some as inherently safe, Michaels said, but that is far from the truth.

“At OSHA, when we hear ‘weatherization and renovation,’ we see exposure to lead and asbestos,” Michaels said Wednesday at a NIOSH workshop on green jobs, according to prepared remarks. “When we hear ‘rooftop solar power,’ we see fall hazards.” He said OSHA will focus on employers and employees working together on safety, chemical safety, prevention through design, the creation of “good” standards and “enhancing workers’ voice” in the workplace, including Susan Harwood Training Grants on green jobs.

Many of these initiatives are a crossover to current hot topics in the occupational safety and health arena, some of which Michaels addressed:

• A diacetyl rulemaking is “piecemeal,” and a broader approach to food-flavoring additives may be necessary, he said.
• In light of the recent Government Accountability Office report on the inaccuracies of employer-provided injury and illness figures, OSHA will be taking a “hard look” at incentive and disciplinary programs at worksites to ensure they do not discourage workers from reporting on-the-job injuries.

Reminder: post your OSHA 300 logs February 1 to April 30

Original posting: Municipal Association of South Carolina Newsletter

It’s almost that time of year again – time to post those pesky forms. Here is a quick rundown of what you need to know to stay in compliance.   While certain employers (those with fewer than 10 employees) are exempt from record keeping practices, most must use what is known as the OSHA 300 Log to keep their records.   The OSHA 300 Log is the record of all workplace injuries and illnesses.   It can be maintained on a computer or at another location as long as it can be produced at the workplace whenever it’s needed.  

The 301 form is the individual record of a work related injury or illness. Complete a new 310 form (or an equivalent form) for each case within seven calendar days.   Form 300A is the summary of work-related injuries and illnesses. This form must be posted every year.   The rule requires a three-month posting (February 1 to April 30).   The summary must be certified by a company executive – the owner, an officer of the corporation, the highest ranking company official working at that site, or his or her supervisor.   Top management needs to be aware of the injury and illness experience of the site and verify that the records are accurate. [§1904.32]

It is important to log all incidents and be aware of privacy issues that may occur.   In the case of a sensitive matter, the incident should be logged as “privacy case” instead of giving the employee’s name.   You won’t enter the name of workers for sensitive cases such as injuries or illnesses involving an intimate body part or the reproductive system, sexual assault, HIV or hepatitis infection, tuberculosis, mental illness or other similar cases.   Keep a separate, confidential identity list for these cases.   Regardless of the injury or illness, you must remove employee names before sharing your records with anyone not authorized by the rule to see them. [§1904.29]  

You must keep OSHA recordkeeping forms for five years following the year they cover.   During that time, update the OSHA 300 form to include newly discovered cases or to show changes in old cases.   You do not have to update the 301 and 300A forms. [§1904.33 and §1904.34]   Record injuries and illnesses of temporary workers and contract workers, if you are supervising their work, the same as any other worker on your payroll,. [§1904.31(b)(2)]

View the forms on OSHA’s Web site at www.osha.gov/recordkeeping/RKforms.html

Missouri Safety Council Announces 2010 Mid America Safety, Health & Environmental Conference and Expo Dates: May 3-7, 2010

As the Conference and Expo’s Marketing Chairperson and Board Member I felt it appropriate to go ahead and put my press release as a blog post…see the original release here http://www.prweb.com/releases/2009/12/prweb3336854.htm

The Missouri Safety Council’s 39th Annual Mid America Safety, Health and Environmental Conference will focus of Sustainable Solutions for industry. The Conference to be held May 3-7, 2010 at Tan-Tar-A Resort in Osage Beach, Missouri will feature Mr. Phelps Murdock as the Keynote Speaker and Mr. Richard Fairfax, OSHA Director of Enforcement as Closing Speaker.

Kansas City, MO (PRWEB) December 15, 2009 — The Missouri Safety Council a regional, non-government, charitable organization dedicated to safety announces the launch of a new redesigned website, to complement the upcoming 2010 Conference and Expo, which features all new online attendee and exhibitor registration, enhanced technical session information, and an all new ‘call for papers’ area.

The 39th annual Mid-America Safety, Health & Environmental Conference and Expo will be held May 3-7, 2010 at Tan-Tar-A Resort in Osage Beach, Missouri. This years conference theme is ‘Seeking Sustainable Solutions’ and will feature a Keynote address from Mr. Phelps Murdock, CEO of Phelps Murdock Facilitation-Consulting. Other featured speakers include Mr. Richard Fairfax, Director of Enforcement, United States Occupational Safety and Health Adminstration (OSHA), and Mr. Bill Dampf, Corporate Safety and Training, Ameren UE.

Expanding this years topics to include Occupational Health, Fire Safety, and Environmental Sustainability will bring new participants and increase the overall number of technical sessions this year. “The 2010 conference, “Safety, Seeking Sustainable Solutions”, promises to be one of the best yet!” according to Bruce Lyon, 2010 Conference Committee Chair “The planning committee has put it into ‘overdrive’ to bring together new tracks, topics, speakers and a great trade show event.”    

The Council’s mission is to lead in the effort to reduce preventable deaths, injuries and economic loss in public and private places throughout Missouri and the greater Mid West region. We serve as a credible, reliable resource for safety information, education and awareness in all aspects of American life – in traffic, at home, at work and at leisure.

Focusing on safety education as the key to long range reduction in avoidable deaths and injuries, the Council serves as a national resource for safety programs, working with and through partner organizations who deliver and/or fund these programs.

In the public policy arena, we suggest, support and promote safety legislation, with strong emphasis on gaining public understanding and acceptance of such laws and regulations.

This Council’s role is unique; there is no comparable Missouri organization.

Senate passes spending bill: OSHA/NIOSH/MSHA get a raise

The Senate has just passed a $1.1 trillion omnibus spending measure, sending the bill to President Obama for a signature.

The bill passed on a largely party line vote, 57-35. Three Democrats voted against the bill: Bayh (Ind.), McCaskill (Mo.) and Feingold. They were balanced out by the three Republicans who voted “yes”: Collins (Maine), Shelby (Ala.) and Cochran (Miss.)

OSHA/NIOSH/MSHA all due to receive additional funding.  OSHA biggest increase comes in the form of request for increased enforcement.  Specifically the hiring of an additional 100 or so compliance officers.

OSHA recognizes Sherwin-Williams Co. in Coffeyville, Kan., for workplace safety

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has designated Sherwin-Williams Co. in Coffeyville, Kan., as a Voluntary Protection Programs (VPP) merit site for meeting or exceeding workplace safety and health standards.

Sherwin-Williams, which employs 25 workers in Coffeyville, manufactures, packages and distributes rust and smoke inhibitors, flame retardants and mineral oil de-foamers. The company earned VPP recognition following a comprehensive onsite evaluation by a team of OSHA safety and health experts.

“Sherwin-Williams in Coffeyville has shown it is deeply committed to providing a safe and healthful workplace,” said Charles E. Adkins, OSHA’s regional administrator in Kansas City, Mo. “The company’s proactive approach toward safety is a model for others to follow.”