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DOL publishes 'secret rule'

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.

Criminal charges ahead for Crandall Canyon operators?

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 makes changes to inspector training

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.

Canada unprepared for disasters, self-proclaimed 'alarmist committee' asserts

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.

Scientists give NIOSH traumatic injury program high marks

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.

OSHA on parking lot injuries: Record them

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."

Drunk driving deaths decline overall; alcohol-related motorcycle deaths increase

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.

DOT awards funding for rural road safety initiative

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.

NTSB reviewing report on I-35 bridge collapse

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.

Federal report shows 'some concern' about BPA

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.

USFA issues smoke detector guidance

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.

Bicycle helmet law saves lives: study

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.

Web tool aims to prevent prescription drug 'mix-ups'

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

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.

Council's emergency network is on the alert

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.

Worker safety and health: Does your CEO 'get it'?

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.

It's not too late to register for 2008 Congress & Expo

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.

Important deadline

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

Upcoming Webinars

• 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

In the Webinar archives

• Unraveling the Mysteries of Recordables and Reportables

Americans killed in the 1918 influenza pandemic

Estimated number of Americans killed in the 1918 influenza pandemic

GAO report says Chemical Safety Board has 'continuing problems'

Despite its generally positive reputation among stakeholders, the Chemical Safety Board needs to address "continuing problems" with governance and management, according to an Aug. 25 report (.pdf file) from the Government Accountability Office.

GAO's study claims CSB, which began operating in 1998 as an independent agency under the Clean Air Act Amendments of 1990, has not fully addressed key recommendations GAO made in 2000. Among them: investigate more accidents, improve the quality of accident data, resolve human capital problems, and ensure management accountability and continuity.

GAO said the board is investigating "far fewer accidents than is required by law" and is "missing opportunities to investigate more accidents and possibly prevent fatalities, serious injuries and substantial property damage in the future."

In response, CSB said it disagreed that it is failing to meet its statutory obligations regarding investigations, but would work with Congress to clarify the issue. The board also disagreed with GAO's recommendation that Congress give EPA's Office of Inspector General permanent oversight over CSB.

Stronger criminal penalties needed for OSHA violations, group says

The Occupational Safety and Health Act of 1970 needs to be updated to include a criminal enforcement program that sufficiently investigates and prosecutes violators, a new report says.

The American Constitution Society for Law and Policy, a Washington-based nonprofit, nonpartisan group that "promotes the vitality of the U.S. Constitution," on Aug. 29 released Prosecuting Worker Endangerment (.pdf file) from author David M. Uhlmann. Uhlmann is an environmental law professor at the University of Michigan Law School and former chief of the Environmental Crimes Section at the Department of Justice.

In the report, Uhlmann said current law offers too many loopholes for employers or midlevel managers to avoid the heftiest penalties. He contrasted OSH Act provisions with environmental laws: Both were enacted in the 1970s, and violations of them were limited to misdemeanors. Within 10 years, however, penalties for violating some environmental laws had been upgraded to felonies, he said.

DOL recharters OSHA construction advisory panel

Secretary of Labor Elaine L. Chao has approved renewal – with several minor procedural revisions – of the charter for OSHA's Advisory Committee on Construction Safety and Health. The new charter, which runs through May 6, 2010, gives the committee an annual budget of $180,000 for travel, logistics and conference support.

The 15-member committee's next meeting is Sept. 9-12 in Washington.

New Illinois law requires colleges to prepare for emergencies

In the wake of two deadly university shootings, a new Illinois law requires response and prevention plans on all college campuses.

The Campus Security Enhancement Act of 2008 (S.B. 2691) was signed into law Aug. 22 by Gov. Rod Blagojevich, D, and will become effective Jan. 1. The act amends the Campus Security Act and requires all higher education institutions to:

• Develop and train for an all-hazards incident plan, and practice that plan at least once a year
• Develop a violence prevention plan, which includes a threat assessment team

The adoption of the amendment was one of the recommendations made by the state's Campus Security Task Force. Blagojevich formed the task force after an April 2007 massacre at Virginia Tech in Blacksburg, in which a student killed 32 people before fatally shooting himself.

MSHA extends conveyor belt comment deadline

A newly proposed rule on conveyor belt flame resistance has promoted an extension of a comment period for a similar rulemaking.

In June, the Mine Safety and Health Administration issued a request for information on conveyor belt combustion toxicity and smoke density. The comment period originally closed Aug. 18. However, MSHA said it is extending the comment period until Sept. 8 to be consistent with the deadline of a proposed rule on flame-resistant conveyor belts, fire prevention and detection, which was issued the same day as the RFI.

Oregon officials concerned about nail salon chemicals

Health officials in Oregon this week expressed concern about the potentially adverse health effects toxic chemicals used in nail salons could have on the state's 14,500 nail technicians.

Formaldehyde, toluene, dibutyl phthalate and methyl ethyl ketone – chemicals commonly used in the nail industry – are not regulated by the Food and Drug Administration, yet previous studies have suggested links between the chemicals and rising rates of breast cancer and birth defects.

Last year, after receiving an anonymous complaint about inadequate ventilation at an Oregon beauty school, OSHA joined with other groups to create the Oregon Collaborative for Healthy Nail Salons. The collaborative created and distributed a brochure advocating precautions such as wearing gloves, washing hands, not eating near chemicals and proper chemical storage methods. The brochure is available in English and Vietnamese.

Officials say nail salon customers are not at risk.

Safety video details 'blast wave' dangers

The Chemical Safety Board on Aug. 25 released a safety video on a November 2006 explosion at an ink manufacturing facility in the Boston suburb of Danvers, MA. No one was seriously injured, but the blast destroyed dozens of homes and businesses and caused extensive damage to other buildings.

The video, "Blast Wave in Danvers," features computer-generated 3-D animation depicting the sequence of events. The animation shows how the blast blew entire window frames into the bedrooms of nearby sleeping residents, who comment on the experience.

An 18-month CSB investigation of the explosion revealed that a steam valve used to control the temperature of a 2,000-gallon batch of flammable solvents inside an ink-making process vessel likely was left open by a production supervisor. The solvents boiled, and flammable vapor escaped into the unventilated but unoccupied facility, investigators said. Hundreds of pounds of flammable vapor were released into the building, eventually reaching an ignition source at 2:46 a.m. on Nov. 22, CSB concluded.

Report: Older workers may lead healthiest lifestyles

Older workers have considerably healthier lifestyles than their younger counterparts, a new report suggests. ComPsych, a Chicago-based provider of employee assistance programs, found that although workers in their 30s may be at their peak in terms of productivity, they also are the age group most likely to neglect their health.

According to the report, Generational Differences in Employee Wellness, workers in their 60s were more inclined to maintain healthy diets (52.2 percent) than workers in their 30s (17.7 percent) and were more likely to exercise at least four days a week (27.3 percent compared with 19.6 percent).

Older workers also showed signs of having better mental health than younger workers: 60-something workers reported less stress and a more generally happy outlook on life than workers in their 30s.

Study links good leadership to healthy workers

The key to a healthy workforce may begin at the top, according to a study published in the August issue of the Journal of Occupational and Environmental Medicine.

As part of the study, Finnish researchers examined 27 qualities commonly associated with good leadership, such as treating employees fairly; being truthful; and providing social support, motivation and intellectual stimulation. Employees working under good leadership were found to be 40 percent more likely to fall into the highest category of well-being, indicating the lowest levels of stress, anxiety and depression.

Researchers also found a potential link to time away from work: Good leadership was associated with a 27 percent reduction in sick leave and a 46 percent reduction in disability pensions.

New rail safety program aims to reduce worker injury risks

As part of a new safety program, the Federal Railroad Administration will work to develop innovative methods, processes, and technologies to address risk factors that contribute to train accidents and employee injuries. 

FRA Administrator Joseph H. Boardman said the agency has conducted several rail safety risk-reduction pilot projects, and its next move is to formally establish a risk reduction program aimed at supplementing current compliance and enforcement activities. The program would focus on identifying precursors to incidents such as derailments, Boardman told attendees Aug. 12 at a rail safety summit in Washington. Other risk categories will include reporting systems, peer-to-peer accident prevention strategies and fatigue risk-management programs, he said.

NTSB wants signage improvements near overpass

The National Transportation Safety Board told the Georgia Department of Transportation to make several sign changes to prevent future crashes at an overpass where a motorcoach plummeted 19 feet in 2007.

Safety recommendations released Aug. 18 advised Georgia DOT to install message plaques, exit signs and speed limit signs with specific guidance for drivers who exit the overpass, near Interstate 75 in Atlanta.

The crash occurred March 2, 2007, when a motorcoach operated by Ottawa, OH-based Executive Coach Luxury Travel Inc. exited the "high-occupancy vehicle only" lane of Interstate 75, entered an intersection on an overpass, crashed through a bridge wall and fell onto the interstate. Seven passengers – the driver, his wife, and five members of the Bluffton University baseball team – were killed.

A final report on the crash said Georgia DOT failed to provide adequate traffic control devices identifying the two different lanes. NTSB also said the driver was also to blame for mistaking an exit ramp for a through lane.

The board also made five recommendations to the Federal Highway Administration for uniformity of specific requirements, standards and criteria in the Manual of Uniform Control Devices.

The recommendation letters are available on the NTSB Website.

NHTSA releases new motorcycle report

Motorcycle rider age, motorcycle engine size and time of day correlate highly with motorcycle rider helmet use, a new report from the National Center for Statistics and Analysis shows.

The report, released Aug. 18, is an analysis of motorcycle crash data from 1997 to 2006. Currently 20 states and the District of Columbia have laws that require all motorcyclists 21 and older to wear a helmet.

Researchers found the odds that a motorcycle rider involved in a single-vehicle crash wore a helmet were 72 percent less in states that did not have a universal helmet law than in states that had a universal helmet law. Absence of a universal helmet law led to a 69 percent reduction in the odds a rider involved in a two-vehicle crash wore a motorcycle helmet. Additional findings show:

• Motorcycle riders in the 20-29 age group and the 59-and-older age group had the highest helmet use.
• Helmet use was greater during the day than at night.
• Among the motorcycles with an engine size of 501 to 1,000 cubic centimeters, 38 percent of riders did not wear helmets.

Report challenges CPSC on nanotechnology regulation

A new report (.pdf file) is questioning the Consumer Product Safety Commission's ability to oversee the safety of products made using nanotechnology.

The report was issued by the Project on Emerging Nanotechnologies, a Washington-based partnership between the Woodrow Wilson International Center for Scholars and the Pew Charitable Trusts. It concluded CPSC lacks the budget, statutory authority and scientific expertise to ensure that the hundreds of nanoproducts now on the market are safe. Such products include baby bottle nipples, infant teething rings, paints, waxes, kitchenware and appliances, the report said. It predicted the problem will get worse as more sophisticated nanoproducts enter the consumer market.

PEN's Website features a searchable inventory of more than 800 nanoproducts currently on the market.

Stay safe this Labor Day weekend

An estimated 439 people will die on America's roadways during the three-day Labor Day holiday period, according to the National Safety Council. The average number of traffic fatalities during the six most recent Labor Day holidays was 13 percent higher than during equivalent non-holiday periods.

The council further estimates that 374 lives will be saved because people wore seat belts, and an additional 105 lives could be saved if all vehicle passengers wore seat belts. The council urges you to remind family and friends to stay safe and sober this Labor Day weekend.

CDC 'storybook' warns against pandemic preparedness complacency

The Centers for Disease Control and Prevention has released an online "storybook" containing narratives from survivors, families and friends about the 1918 influenza pandemic.

The storybook, which marks the 90th anniversary of the pandemic, provides insight for public health officials preparing for the possibility of a future pandemic, CDC officials said. The 1918 influenza pandemic killed an estimated 675,000 people in the United States and more than 50 million people worldwide.

Council applauds appointment of acting NHTSA administrator

The National Safety Council issued a statement applauding last week's appointment of David Kelly as acting administrator of the National Highway Traffic Safety Administration.

Kelly was a member of the council staff from 1996-2003. He served as program manager and director of the council's Air Bag & Seat Belt Safety Campaign.

"NSC leaders know firsthand of David's passion for saving lives and his leadership ability," council President and CEO Janet Froetscher said.

It's not too late to register for 2008 Congress & Expo

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. Among the keynote speakers is William Bennett, a television commentator, radio host and former U.S. Secretary of Education.

Upcoming Webinar

A Safe Workplace is a Drug-Free Workplace – Sept. 3

Important deadlines and news

• The first test of the National Safety Council's Emergency Alert Network will be Sept. 17. If you are a member and have not recently received a request to update your emergency contact information, please call (800) 621-7619.
• Secure your seat for the 2008 National Awards Banquet.
• Sponsorship opportunities are available for the 2008 National Awards Banquet. For information, call (630) 775-2366.

Grade the Bush administration's efforts to keep workers safe during the last eight years.

I've heard a lot of controversy about energy drinks and young people. What are the concerns?

Caffeine-laden energy drinks can pack a powerful punch. The Summer 2008 issue of the National Safety Council's Family Safety & Health magazine looks at teens' use and misuse of these drinks. The article includes information on the health effects of caffeine intake and tips for parents on monitoring their children's energy drink consumption. For a copy of this article, e-mail the Library with your fax number at library@nsc.org.

Also, the Department of Health and Human Services' Center for Substance Abuse Prevention offers a family guide to choosing and consuming energy drinks.

2007 worker fatalities

Number of U.S. worker fatalities in 2007

Workplace deaths decrease 6 percent in 2007: BLS

Fewer workers were killed on the job in 2007 than in 2006, according to preliminary data from the Bureau of Labor Statistics' annual Census of Fatal Occupational Injuries. A total of 5,488 fatal worker injuries were recorded in the United States in 2007, compared with 5,840 in 2006, BLS said.

Secretary of Labor Elaine L. Chao issued a statement on Aug. 20 calling the report "continued evidence" that Bush administration policies to protect workers' safety and health are working.

The report also found:

• The construction industry continued to incur the most fatalities of any industry in the private sector: 1,178.
• The number of fatal workplace falls in 2007 rose to a census series high of 835 – a 39 percent increase since 1992.
• Fatal occupational injuries among African-American workers reached their highest level since 1999, but fatal work injuries among Hispanic workers fell 8 percent in 2007.

Revised data for 2007 will be released in April 2009.

Proposed rule aims to clarify 'per-person' penalty for PPE violations

OSHA is accepting public comment until Sept. 18 on a notice of proposed rulemaking intended to clarify how the agency will apply personal protective equipment and training standards in general industry and the construction and maritime industries.

The proposed rule states that each employee covered under relevant PPE and training standards may be considered a separate violation for penalty purposes. In some cases, OSHA may combine separate violations of a single requirement in a standard into a single penalty, the agency said. However, under the instance-by-instance penalty policy that the rule clarifies, OSHA may propose a separate penalty for each specific violation in which the employer demonstrates a "flagrant disregard" for safety and health.

CSB to investigate cardboard mill explosion

The Chemical Safety Board is investigating a July 29 storage tank explosion that killed three workers and injured a fourth at a cardboard mill in Tomahawk, WI.

The incident at the Packaging Corporation of America's corrugated cardboard mill occurred as workers were performing welding to repair a flange fitting on top of an 80-foot-tall storage tank, which contained recycled water and paper fiber. The three workers killed were standing on a catwalk when an internal explosion ripped open the tank lid, CSB said.

Among the issues the investigation will examine is whether anaerobic microbes, which grow in the absence of oxygen and feed on organic matter, produced flammable gas to fuel the explosion, CSB said.

Scientists lash out over DOL's 'secret rule'

A group of scientists have requested the Department of Labor withdraw a so-called "secret rule" that would require agencies to conduct risk assessments before promulgating some rules.

The proposed rule, "Requirements for DOL Agencies' of Occupational Health Risks," was quietly introduced to the public when submitted to the White House Office of Management and Budget for review. The Washington Post, which obtained a copy of the draft, reported the rule would address complaints from businesses that the government overestimates risks posed by on-the-job exposure to chemicals.

On Aug. 14, the Project on Scientific Knowledge and Public Policy, a George Washington University-funded group composed of dozens of scientists and doctors from various institutions, wrote a letter (.pdf file) to Secretary of Labor Elaine L. Chao asking that she withdraw the proposed rule. The group claims the rule would "significantly weaken current risks assessment approaches without offering any improvements and will undermine worker health protections" by delaying the rulemaking process.

This is not the first salvo launched at the proposed rule. On July 31, Rep. George Miller, D-CA, introduced legislation that would bar DOL from proceeding with the proposed rule. OSHA administrator Edwin G. Foulke Jr. has stated the proposed standard is not being pursued at the expense of other standards, and the risk assessment is considered an "internal" process.

NRC reports record-low radiation exposure among workers

The annual average collected dose of radiation exposure among some nuclear power plant workers is the lowest ever, the Nuclear Regulatory Commission has reported.

In 2007, an average of 97 person-rem was reported at each light-water reactor in the nation – an 8 percent drop from 2006. Person-rem is a unit that measures the collective radiation dose of a plant, and is calculated by adding up workers' individual doses. The 2007 average is two-thirds of the dose recorded 10 years ago, NRC said.

"These results show nuclear power plant operators remain focused on decreasing worker exposure while continuing to maintain and operate the plants safely, in accordance with NRC requirements," NRC Chairman Dale Klein said in a statement.

Person-rem for pressurized-water reactors dropped 21 percent, but person-rem at boiling-water reactors increased 8 percent, according to the report.

To read the report, go to NRC's Website and conduct an ADAMS search for ML081780671.

OSHA issues instruction for lead exposure

OSHA last week released a new instruction (.pdf file) for implementing a National Emphasis Program to reduce occupational exposure to lead.

The NEP will focus on lead exposures in general industry and in the construction, shipyard, longshoring and marine terminal industries. The program takes the place of a previous NEP on lead, issued in 2001.

Veterans, employers have new resource

The Department of Labor unveiled a resource intended to assist organizations that employ U.S. service members who have returned from duty with traumatic brain injury or post-traumatic stress disorder.

Both TBI and PTSD are common battlefield conditions, DOL said. The department's new initiative, America's Heroes at Work, offers help on implementing workplace accommodations for veterans who have the conditions.

"One of the best ways we can help these courageous men and women and honor their sacrifice is to help them return to full, productive lives through work," Secretary of Labor Elaine L. Chao said in a statement.

USFA releases natural disaster preparedness report

Firefighters must be prepared to respond to calls during extreme weather emergencies and natural disasters, a new report from the U.S. Fire Administration states.

The report (.pdf file) addresses the types of equipment and planning needed for such disasters and the types of service calls most likely to be received. It also features case studies.

USFA administrator Greg Cade stressed that all firefighters in the country need to be prepared to respond to the "most challenging conditions."

"Firefighters continue to be called upon to respond to many types of incidents, disasters and situations – in all kinds of weather, day and night," he said in a news release.

Safer triggers and training decrease nail gun injuries: study

Nail gun injuries can be greatly reduced by increasing user training and using safer triggers, according to a recent Duke University study.

Researchers evaluated a group of apprentice carpenters over a three-year period, tracking the number of nail gun injuries sustained. Nail guns equipped with a sequential trigger were found to be twice as safe as the more traditional contact-trip trigger. The sequential trigger fires only when the nose piece of the gun is pressed down. This results in fewer accidental discharges, double fires and ricocheting nails, according to a study abstract published in the Aug. 14 edition of the American Journal of Industrial Medicine.

Study results also indicated that when apprentice carpenters received proper training and had access to sequential triggers, their injury rate decreased by 31 percent. The most effective training, according to study authors, incorporates both classroom work and hands-on learning.

New study finds government, business and nonprofits unprepared for crises

The U.S. government, businesses and nonprofit organizations are not well-prepared for crises, a new report finds.

Released on Monday, the study, Predicting Organizational Crisis Readiness: Perspectives and Practices toward a Pathway to Preparedness (.pdf file), was conducted by New York University's Center for Catastrophe Preparedness and Response and a nonprofit research organization, the Public Entity Risk Institute.

Researchers concluded many organizations were not adequately prepared to respond to and recover from crises such as terrorism, natural disasters and cyber attacks. "The crises ahead are increasing both in complexity and frequency ... yet, levels of crisis readiness among organizations remain low and poorly understood," study author Paul C. Light said.

Study authors recommended organizations make crisis readiness a high priority and factor it into their budgets.

Report: Highway fatalities drop to historic low

The overall number of traffic fatalities declined to the lowest level since 1994, but the number of motorcycle-related fatalities continues to rise, a new report from the National Highway Traffic Safety Administration shows. 

Transportation Secretary Mary E. Peters announced Aug. 14 that the overall number of traffic fatalities fell in 2007 to 41,059 – the lowest number since 1994. The fatality rate per 100 million vehicle miles traveled was 1.37 – also the lowest fatality rate on record, she said. Peters attributed the drop to safer vehicles, aggressive law enforcement, and efforts by DOT and NHTSA.

However, motorcycle fatalities increased for the 10th straight year, rising 6.6 percent in 2007, Peters said.

Additional findings show alcohol-related fatalities involving a blood-alcohol content of 0.08 declined by 3.7 percent in 2007. Release of the data coincided with the launch of DOT's annual impaired driving crackdown, Drunk Driving. Over the Limit. Under Arrest. The campaign runs through Labor Day.

Illinois ignition-interlock law to take effect in 2009

A new drunk-driving law set to take effect in Illinois Jan. 1, 2009, will require all first-time DUI offenders to install in-vehicle ignition interlock devices.

The devices, called breath alcohol ignition interlock devices, require motorists convicted of a DUI offense to blow into the device to measure their blood-alcohol content before the vehicle's ignition will start. Offenders caught driving without an interlock device or driving someone else's car face a mandatory 30 days in jail and could be charged with a felony, according to a press release from the office of Gov. Rod Blagojevich, D.

The new law, co-sponsored by state Sen. John Cullerton and state Reps. Robert Molaro and John D'Amico, is being touted as one of the most stringent DUI laws in the nation. DUI offenders will have to pay an installation fee of about $100, and rental and monitoring fees of about $110 per month. In addition, DUI offenders who fail BAC tests at the time of arrest will have their driver's license automatically suspended for six months; drivers who refuse to take a test face a 12-month suspension.

FAA seeks penalties against American Airlines for safety violations

The Federal Aviation Administration on Aug. 14 issued $7.1 million in civil penalties to American Airlines. In a press release, FAA alleges that in December 2007, American Airlines improperly deferred maintenance on safety-related equipment and allowed deficiencies with its drug- and alcohol-testing programs and exit-lighting inspections. FAA said the airline also allowed pilots to fly two MD-83 aircraft 58 times even though problems were reported and the planes were in violation of FAA regulations.

In May 2008, FAA proposed civil penalties of about $2.7 million against the airline for alleged past deficiencies in its drug- and alcohol-testing programs, about $1.7 million in civil penalties for testing program violations, and a $1 million penalty for lighting-inspection violations.

American Airlines officials issued a statement saying the penalties are excessive and American Airlines does not agree with FAA's findings and characterizations. Review of the alleged violations is ongoing, the statement said.

Legislation seeks to ban novelty lighters

Legislation currently under review in the Senate would ban the sale of novelty lighters designed to look like toys.

The Protect Children from Dangerous Lighters Act (S. 3375) was introduced last month and is being reviewed by the Committee on Commerce, Science and Transportation.

Novelty lighters designed to look like toys can result in fire injuries and accidents, according to the Greenbelt, MD-based National Volunteer Fire Council. Fatal fires resulting from novelty lighters have been documented in several states, prompting the NVFC last year to recommend the Consumer Product Safety Commission to enforce a ban. Earlier this year, the U.S. Fire Administration made Toylike Lighters – Playing with Fire the focus of Arson Awareness Week.

Currently, eight states have either passed or are considering legislation that would limit the sale of novelty lighters.

FDA says BPA is safe

The Food and Drug Administration this week said the chemical bisphenol-A is safe for use in food and drink containers, despite concerns raised by a number of organizations, including the National Institutes of Health.

BPA – a plastic hardening agent – can be found in many items, most notably baby bottles and canned food linings. NIH-funded research in April suggested repeated exposure to the chemical may disrupt hormones in developing fetuses and young children, and increase the risk of developmental problems, breast cancer and prostate cancer. Shortly after the release of the NIH report, some U.S. retailers pulled BPA products from shelves.

In a statement, FDA Commissioner Dr. Andrew C. von Eschenbach said, "The science FDA has reviewed does not justify recommending that anyone discontinue using these products." However, a number of critics argue FDA's assessment was based on only two studies, both of which were funded by the American Chemistry Council, an Arlington, VA-based organization that represents chemical companies. The draft assessment will be reviewed by the FDA Advisory Committee on Sept. 16.

In related news, the California Assembly on Monday failed to pass legislation that would have banned BPA from cups and bottles intended for use by children 3 and younger.

Smoking No. 1 cause of oxygen equipment fires: NFPA

The vast majority of home fires with oxygen administration equipment are caused by smoking materials, the National Fire Protection Association reported Wednesday.

A report (.pdf file) from the Quincy, MA-based organization found an average of 46 people were killed and 62 were injured each year between 2002 and 2005 in fires with oxygen administration equipment. Smoking materials caused the heat of ignition in about 60 percent of the fires and injuries, and 75 percent of deaths, NFPA said.

While oxygen does not burn, it is needed for fire and can cause flames to burn faster and hotter, NFPA said. The organization offered several safety tips for the use of home oxygen systems:

• Never smoke in a home where oxygen is used, or use an open flame such as a match or candles.
• Ensure the home is equipped with smoke alarms, and test them monthly.
• Post "no smoking" signs in and outside the home.

Schools equipped with public alert radios

Come September, every school in the United States will be equipped with a public alert radio capable of warning school personnel about dangerous weather, Amber Alerts or hazardous material threats in the area.

The radios are distributed by the National Oceanic and Atmospheric Administration's Public Alert Radios for Schools Program and are partially funded by the Departments of Homeland Security, Education, and Health and Human Services. Previously, 97,000 radios were sent to all K-12 public schools, and the process is now underway to distribute more than 182,000 additional radios to all nonpublic schools, school district offices, Head Start programs and post-secondary schools.

Council urges university presidents to keep age-21 drinking laws

As a member of the Support 21 Coalition, the National Safety Council joins Mothers Against Drunk Driving, the Governors Highway Safety Association, the Insurance Institute for Highway Safety, the National Transportation Safety Board and other members in a call for college and university presidents to "work with the public health community and law enforcement on solutions to underage and binge drinking." This is in response to interest expressed by some college heads who are part of the Amethyst Initiative, which seeks to lower the minimum drinking age, saying the age-21 law encourages binge drinking.

Congress & Expo first-timers invited to reception

The National Safety Council's 2008 Congress & Expo will feature a First-Timers Reception to help first-time attendees make the most of their experience at the world's largest annual gathering of safety and health professionals. This is a great opportunity to mix and mingle. Register today for Congress & Expo.

Upcoming Webinars

• Non-Crash Vehicle Safety & Children – Monday, Aug. 25
• Unraveling the Mysteries of Recordables and Reportables – Aug. 27
• A Safe Workplace is a Drug-Free Workplace – Sept. 3

Important deadlines and news

• The first test of the National Safety Council's Emergency Alert Network will be Sept. 17. If you are a member and have not recently received a request to update your emergency contact information, please call (800) 621-7619.
• Secure your seat for the 2008 National Awards Banquet.
• Sponsorship opportunities are available for the 2008 National Awards Banquet. For information, call (630) 775-2366.

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