• DOL publishes 'secret rule'
• Criminal charges ahead for Crandall Canyon operators?
• OSHA makes changes to inspector training
• Canada unprepared for disasters, self-proclaimed 'alarmist committee' asserts
• Scientists give NIOSH traumatic injury program high marks
• OSHA on parking lot injuries: Record them

• Drunk driving deaths decline overall; alcohol-related motorcycle deaths increase
• DOT awards funding for rural road safety initiative
• NTSB reviewing report on I-35 bridge collapse

• Federal report shows 'some concern' about BPA
• USFA issues smoke detector guidance
• Bicycle helmet law saves lives: study
• Web tool aims to prevent prescription drug 'mix-ups'

• September is National Preparedness Month
• Council's emergency network is on the alert
• Worker safety and health: Does your CEO 'get it'?
• It's not too late to register for 2008 Congress & Expo
• Important deadline
• Upcoming Webinars
• In the Webinar archives

A much-criticized Department of Labor requirement, which opponents claim was secretly developed and will slow the formation of new regulations, was officially published late last week.

A notice of proposed rulemaking for "Requirements for DOL Agencies' Assessment of Occupational Health Risks" was published in the Aug. 29 Federal Register. The proposed rule would require DOL agencies to publish an advance notice of proposed rulemaking and open a comment period for any health standard regulating occupational exposure to toxic substances and hazardous chemicals. It also would require agencies to electronically publish "all relevant documents" after each step in the regulatory process for the proposed rule, including scientific studies related to the rulemaking.

DOL is accepting public comment on the rule until Sept. 29, but stressed in the notice that the step was not required because the proposed rulemaking relates to internal DOL regulation.

The proposed rule, the notice said, stems from a 1997 report from the Presidential Congressional Commission on Risk Assessment and Risk Management that recommended OSHA publish guidelines for risk assessments instead of relying on a case-by-case approach.

Opponents claim the rule ultimately would weaken worker protections by delaying the rulemaking process to satisfy pro-business interests. In July, Rep. George Miller, D-CA, chairman of the House Education and Labor Committee, introduced legislation to stop DOL from "issuing, administering or enforcing any rule, regulation, or requirement" stemming from the plan.

The Mine Safety and Health Administration has referred its case against the operators of the Crandall Canyon Mine in Utah to the U.S. Attorney's office for possible criminal charges.

Nine people were killed in an August 2007 mine collapse, and MSHA fined the mine's operator more than $1.3 million for violations last month for violations the agency claims directly contributed to the deaths.

By referring the case to the U.S. Attorney's Office, District of Utah, civil proceedings will be placed on hold as criminal charges are pursued.

OSHA issued new guidelines (.pdf file) governing the three-year initial training of its compliance officers.

The training directive supersedes the agency's training program issued in July 1992. Among the changes, newly hired compliance officers will be required to complete a minimum of eight courses offered by the OSHA Training Institute during the first three years of their careers and, with their supervisors, must track their progress.

Blending frustration with humor, a Canadian Senate committee released a scathing report on the country's lack of preparedness for natural or man-made disasters.

Referring to itself tongue-in-cheek as the "alarmist committee," the Standing Senate Committee on National Security and Defence on Tuesday issued Emergency Preparedness in Canada: How the fine arts of bafflegab and procrastination hobble the people who will be trying to save you when things get really bad. 

The report, an update to one issued in 2004, said Canadian governments' efforts "are getting lost in the quagmire of lethargy that seems to be the hallmark of emergency preparedness in this country." Among the problems highlighted:

• Lack of coordination to ensure continued function of the federal government during emergencies
• Poor emergency collaboration among federal, provincial and municipal governments
• Lack of regional first responder interoperability

The committee acknowledged the difficulties that come with autonomous provinces that oppose having their jurisdictions overruled, but said the risks to Canadians make it necessary to meet the challenge.

A new report (.pdf file) gives high marks to NIOSH's research program for preventing traumatic occupational injuries such as falls, musculoskeletal disorders and workplace violence.

A panel convened by the Institute of Medicine and the National Academies, both part of the Washington-based National Academies of Science, issued the report at NIOSH's request. The report concluded that the program's strategic goals are focused on major contributors to occupational injuries and deaths, and are sensitive to populations at disproportionate risk.

The panel assigned a score of 4 out of a possible 5, with 5 representing the highest ranking, to the program both for relevance to national needs and its impact on reducing traumatic occupational injuries. The committee also offered nine recommendations for improvements in certain areas, including strategic planning, coordination and collaboration; workforce development; and the changing nature of work.

Employees must record incidents in which employees are injured in company parking lots, according to a letter of interpretation posted on OSHA's Website Sept. 3.

The letter addresses two scenarios in which workers were injured when they fell to the ground while climbing out of their personal vehicles parked in a company lot. Keith Goddard, director of OSHA's Directorate of Evaluation and Analysis, said in the letter that the incidents do not meet exceptions to the agency's recordkeeping rule (29 CFR 1904), and advised employers to record the incident if it meets other criteria for recording, such as days away from work.

"OSHA has made it clear that injuries and illnesses that occur during an employee's normal commute to and from work are not considered work-related, and, therefore, not recordable," the letter said. However, it went on to say, "For purposes of Part 1904, the employee's commute from home to work ends once he or she arrives at the work environment."

Alcohol-related driving fatalities declined overall in 2007, but alcohol-related motorcycle fatalities increased, according to newly released data from the National Highway Traffic Safety Administration.

The data (.pdf file), released Aug. 28, shows that, in 2007, an estimated 12,998 people were killed in crashes in which the driver had a blood-alcohol content of 0.08 or higher – a 3.7 percent decline from 2006. However, the number of alcohol-impaired motorcycle riders involved in fatal crashes increased in 25 states.

Additional findings show:

• The alcohol-impaired driving fatality rate, per 100 million vehicle miles of travel, decreased to 0.43 – the lowest on record
.
• 32 states had decreases in the number of alcohol-impaired driving fatalities in 2007 compared with 2006.

Grants totaling $14.7 million will be awarded to some states to add safety technology and warning systems near dangerous rural intersections and curves, federal transportation officials announced Aug. 27.

The funding will be allocated among 14 states, three counties and two parishes as part of the Department of Transportation's Rural Safety Innovation Program.

According to data from the National Highway Traffic Safety Administration, the fatality rate for rural crashes is more than twice the fatality rate for urban crashes. Rural motor vehicle crashes often involve drivers who are speeding, impaired and/or not wearing seat belts.

National Transportation Safety Board investigators met Aug. 28 for a technical review of a draft final report on last year's collapse of the Interstate 35 bridge in Minneapolis.

According to a news release, the report will outline NTSB procedures and findings from the investigation into the incident, which killed 13 people on Aug. 1, 2007. It is expected to be presented at the board's next public meeting Nov. 13.

A total of $371 million in federal funding has been provided for cleanup and reconstruction of the bridge, the board said. The new bridge is scheduled to open Dec. 24.

Bisphenol-A – a hardening agent used in polycarbonate plastic – is of "some concern" regarding potential adverse health effects in fetuses, infants and children, according to a report (.pdf file) released by the National Toxicology Program.

The report warns that BPA can have a negative impact on the development of the brain and prostate gland, and can lead to behavioral problems in children. NTP said its conclusions are based upon a number of studies performed on laboratory animals.

"There remains uncertainty whether the changes seen in the animal studies are directly applicable to humans," NTP Associate Director John Bucher said. "But we have concluded that the possibility that BPA may affect human development cannot be dismissed."

In a draft assessment (.pdf file) published last month, the Food and Drug Administration declared BPA safe for use in food and drink containers. The NTP report and FDA's draft assessment will be considered at a Sept. 16 public meeting of the FDA Science Board.

In light of "growing controversy" over which smoke detectors are most effective for homes, U.S. Fire Administrator Greg Cade posted a message on his blog Aug. 27 offering guidelines for families looking to purchase the best type of smoke detector.

Two types of smoke detectors generally are used in residential buildings – photoelectric and ionization. According to USFA, photoelectric alarms tend to respond faster to the smoke produced by smoldering fires, while ionization alarms tend to respond faster to smoke produced by flaming fires. Research is unclear as to how vital a difference this may make, Cade said.

Because it is not possible to state that one smoke detector is better than the other in every fire situation that could arise in a residential building, Cade said, all residences and places where people sleep should be equipped with both types of alarms or dual-sensor alarms that use both technologies.

Legislation requiring children to wear bicycle helmets has had a major impact on fatalities in Canada, according to researchers at the Hospital for Sick Children in Toronto.

In 1995, Ontario passed a law requiring all children younger than 18 to wear a helmet when riding a bike. Researchers at the hospital examined the number of bicycle-related deaths for children from 1991 through 2002 – the years just prior to the passage of the legislation – and several years after. After the legislation was passed, bicycle-related deaths of children up to 15 years old decreased 52 percent. 

Study authors said they did not find a comparable decline in bicycle-related deaths among age groups not legally required to wear helmets.

The study was published in the September issue of the journal Pediatrics. An abstract is available online.

The U.S. Pharmacopeial Convention launched an online tool intended to help eliminate medication errors caused by drugs bearing similar names.

USP's Drug Error Finder is a searchable database of nearly 1,500 drugs that were most commonly involved in 26,000 medication "mix-up" errors between 2003 and 2006. According to USP, these drugs were involved because their brand names or generic names look or sound like other drug names.

In addition to generating a list of medications that have been confused with certain drugs, the Drug Error Finder rates the potential severity of the drug mix-up – from "potential for error" to "death."

USP said many people can be involved in medication mix-ups, including doctors, nurses, pharmacy technicians, caregivers, patients and family members.

September is National Preparedness Month – an annual effort of the Department of Homeland Security's "Ready" campaign.

The National Safety Council, a partner in the campaign, has made information to assist in preparing for a natural disaster, pandemic or other emergency – at home or in the workplace – available on its Emergency Preparedness Web page.

The National Safety Council has scheduled a test of its new Emergency Alert Network on Sept. 17.

A cooperative effort with the Centers for Disease Control and Prevention, the network will notify council member companies about national or regional emergencies, and will provide CDC recommendations and direction.

The Sept. 17 test is part of CDC's National Pandemic Influenza Communications and Training Exercise. Your company's designated emergency contact should have received details about the test. If details have not been received, or if you have questions, call Rachel Poulin at (630) 775-2044 or Customer Service at (800) 621-7619.

Safety+Health magazine is looking for CEOs whose leadership philosophies and actions demonstrate their commitment to worker safety and health.

It doesn't matter if your organization has 50 employees or 50,000. If you think your CEO should be recognized, submit a form by Sept. 30 to tell us why. The 2009 CEOs Who "Get It" will be featured in the February 2009 issue of Safety+Health.

There is still time to register for the National Safety Council's 2008 Congress & Expo, which will take place Sept. 19-26 in Anaheim, CA. This year's dynamic Opening Session will include National Safety Council President and CEO Janet Froetscher and former Secretary of Education William Bennett.

• Oct. 20 – deadline to participate in the Fleet Benchmarking Program. For information, e-mail awards@nsc.org or call (630) 775-2366.

• What is a JSA and How Can I Utilize it? – Oct. 8
• How to Warn – An Overview of the ANSI Z535 Safety Standards to Meet OSHA Compliance – Oct. 21
• OSHA's Top 10 Violations – Nov. 19

• Unraveling the Mysteries of Recordables and Reportables