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Senate committee approves Michaels' nomination

David Michaels' nomination for OSHA administrator moved to the full Senate for confirmation Wednesday after it received approval from the Senate Health, Education, Labor and Pensions Committee.

The nomination passed through the committee in a vote in which only two senators were opposed – Sens. Richard Burr (R-NC) and Tom Coburn (R-OK). No hearing on the nomination took place before the full committee. A spokesperson for committee chairman Sen. Tom Harkin (D-IA) said such a formal hearing is rare and typically called only for controversial nominees.

GAO to OSHA: Improve accuracy of worker injury, illness data

Workers who fear losing their jobs and employers who fear higher compensation costs are among the factors that could affect the accuracy of worker injury and illness data, according to a Government Accountability Office report (.pdf file) released Nov. 16.

The report reviewed OSHA's audit process and suggested the agency take additional steps to verify data accuracy. GAO found OSHA audits overlook information from workers – the only data source not provided by employers.

Among GAO's recommendations:

• Require OSHA inspectors to interview workers during records audits.
• Minimize the amount of time between the date when injuries and illnesses are recorded by employers and the date audited by OSHA.
• Increase education and training to employers on recordkeeping standards.

Acting OSHA administrator Jordan Barab issued a statement welcoming the report, and said the agency would take up all of GAO's recommendations. The report comes just weeks after OSHA announced a National Emphasis Program on recordkeeping (.pdf file).

Chemical facility safety bill moves to Senate

A bill intended to protect chemical facilities and water treatment systems from terrorist attacks was voted out of the House on Nov. 6 and moved to the Senate Homeland Security and Governmental Affairs Committee.

The Chemical and Water Security Act of 2009 (H.R. 2868) would amend the Homeland Security Act of 2002 and the Safe Drinking Water Act. The proposed legislation would require chemical facilities to implement a site security plan and direct highest-risk facilities to use safer chemicals.

CSB issues video on pressure vessels

In a video message released Nov. 9, Chemical Safety Board Chairman John Bresland called on jurisdictions to adopt the American Society of Mechanical Engineers' pressure vessel code to help prevent accidents.

According to a CSB press release, 11 states currently do not require companies to follow New York-based ASME's code, which covers safeguards for pressure vessels, including design, welding, fabrication, testing and pressure relief.

Hispanic housekeepers face higher injury risk: study

A recent study of U.S. hotel workers found Hispanic housekeepers had a significantly higher injury rate than their counterparts of other races, and female hotel workers were about 1.5 times more likely to suffer injuries than men.

The study, presented Nov. 9 at the annual meeting of the Washington-based American Public Health Association, analyzed OSHA log incidents from five unionized hotel companies from 2003 to 2005.

The overall injury rate for hotel workers was 5.2 per 100 workers. Housekeepers, who were overwhelmingly female, had the highest injury rate at 7.9 due to the physical demands of the job, researchers said. Hispanic housekeepers had an even higher rate of 10.6, compared with 7.3 for Asians, 6.3 for whites and 5.5 for blacks.

Researchers said the findings indicate job gender stereotyping remains a defining factor for the workforce and possibly a risk factor for injury.

OSHA issues 'Black Friday' crowd control tip sheet for retailers

OSHA on Tuesday issued a crowd-control tip sheet for retailers nearly one year after the trampling death of a Walmart employee during a "Black Friday" sales event.

About 2,000 shoppers rushed into the store in Valley Stream, NY, on Nov. 28, 2008, for the retail chain's annual day-after-Thanksgiving sale. The store had no crowd-control measures in place, and an employee was knocked to the ground and asphyxiated when shoppers surged inside.

Among OSHA's guidelines (.pdf file): 

• Have trained security or crowd management personnel or police on-site when a large crowd is expected.
• Set up barricades or rope lines in advance of customers arriving at the store.
• Do not restrict egress, and do not block or lock exit doors.

Strength training reduces pain among female office workers: study

Performing strength training exercises using dumbbells can significantly reduce neck and shoulder pain in female office workers, according to a Danish study (.pdf file) published in the November issue of the Bethesda, MD-based American Physiological Society's Journal of Applied Physiology.

For the 10-week study, 42 women whose office work involved repetitive tasks and computers were divided into three groups: strength training, general fitness and a control group that received counseling on ergonomics but no physical training. Before the study, participants had reported neck pain and tightness and tenderness of the trapezius muscle, which extends from the neck to the upper back, according to an APS press release.

Women who participated in the strength training program experienced a pain reduction of more than 50 percent, had better rapid force capacity and developed more of the muscle fibers that help generate power, while members from the other two groups reported no major changes, the press release said. 

DOT releases action plan to address motorcoach safety issues

Department of Transportation officials hope to initiate rulemaking in 2010 for the installation of safety belts on motorcoaches as part of a new integrated Motorcoach Safety Action Plan (.pdf file) announced Nov. 16.

In addition, DOT officials want to initiate six other priority action items to address major safety issues, including: 

• Rulemaking that would require electronic on-board recording devices on all motorcoaches to better monitor drivers.
• Rulemaking to prohibit text messaging while driving and limit the use of cell phones and other wireless communication devices by motorcoach drivers.
• Minimum knowledge requirements for people applying for authority to transport passengers.

FRA identifies 10 states with most highway rail-grade crossing incidents

The Federal Railroad Administration has identified 10 states that under a proposed rule would need to develop highway rail-grade crossing action plans.

According to a notice of proposed rulemaking (.pdf file) published in the Nov. 13 Federal Register, the states with the most reported incidents, on average, from 2006 to 2008 were Alabama, California, Florida, Georgia, Illinois, Indiana, Iowa, Louisiana, Ohio and Texas.

States will have one year after the NPRM goes into effect to develop a federally compliant five-year action plan intended to reduce collisions at the crossings. Such collisions accounted for 4,200 accidents in those states (51 percent of all grade crossing collisions nationwide).

FRA on Sept. 2 outlined the crossing provisions as a direct final rule, but the agency withdrew it and instead published the NPRM after it received one adverse comment. FRA said the NPRM would not impose any direct or substantial compliance costs on the states and local governments.

DOT penalizes company for violating drug, alcohol testing regulations

The Department of Transportation on Nov. 17 issued an order (.pdf file) prohibiting a man from providing drug and alcohol testing services to DOT-regulated transportation industry employers after Federal Aviation Administration investigators discovered he had posed as a licensed physician.

According to a notice (.pdf file) published in the Nov. 17 Federal Register, Michael R. Bennett of Workplace Compliance Inc. in Winston Salem, NC, "performed all the roles and responsibilities of a medical review officer even though he was not a licensed physician," in addition to having used a medical doctor's name on thousands of negative test results and hundreds of positive test results. Officials with DOT's Office of Drug and Alcohol Policy and Compliance reported Bennett did not contest the findings. Bennett and other individuals associated with Workplace Compliance are prohibited from providing drug and alcohol testing for the next five years, which is the maximum penalty allowed under the order.

Report outlines factors in run-off-the-road crashes

Drowsy driving, inattentiveness and vehicle overcorrection are common factors in a high percentage of fatal crashes analyzed in a National Highway Traffic Safety Administration study of single vehicle run-off-the-road crashes.

In the study (.pdf file), released Nov. 17, researchers reviewed crashes recorded between 1991 and 2007 in NHTSA's Fatality Analysis Reporting System. The study showed 91.2 percent of drivers were most likely sleepy, 75.4 percent were inattentive and 85.6 percent had overcorrected the vehicle. Additional factors and conditions include alcohol use, curved roads, speeding, rural roadways, high speed limits and adverse weather.

Study indicates high levels of TWD among teens

Findings from a report released Nov. 16 show how prevalent text messaging while driving has become among teenagers.

The Pew Research Center's Internet & American Life Project analyzed teens, cell phone use and distracted driving.

Among the findings:

• 1 out of every 3 teens ages 16-17 have texted while driving.
• 48 percent of teens ages 12-17 have been a passenger in a car whose driver was texting.
• 78 percent of teens ages 16-17 have been a passenger in a car whose driver was texting.

Motivations for TWD include the need to report whereabouts to friends and parents, getting directions and flirting with significant others. Researchers also were alarmed at the frequency of teens who reported their parents texted while driving.

Findings are based on responses from telephone interviews and focus groups with 800 teenagers ages 12-17 and a parent or guardian. 

USFA releases report on university housing fires

Approximately 3,800 fires occur annually in university housing, the vast majority of which are cooking fires, according to a report (.pdf file) issued last week by the U.S. Fire Administration.

The report, which analyzed National Fire Incident Reporting System data from 2005 to 2007, estimated fires in university housing – including dormitories and sorority and fraternity houses – cause 5 deaths, 50 civilian injuries and $26 million in property loss annually.

The report also found 94 percent of all university housing fires occur in dormitories, with 83 percent of the fires being related to cooking. Fires seemed to spike between the hours of 5 p.m. and 10 p.m., when students were most likely to be preparing meals or snacks, researchers said. The largest number of fires occurred during September and October.

Cheerleading stunts lead to injuries: study

More than half of all cheerleading injuries stem from stunts such as cradles, elevators, extensions and pyramids, according to a study from the Center for Injury Research and Policy of the Research Institute at Nationwide Children's Hospital in Columbus, OH. Such stunts accounted for 96 percent of all concussions and head injuries.

Analyzing data from Cheerleading RIO, an online injury reporting system, researchers found the most common cheerleading injuries were sprains and strains. In 83 percent of the cases, cheerleaders were injured during practice.

Additionally, researchers found 90 percent of serious fall-related injuries occurred on artificial turf, grass, traditional foam or wood floors, and that only spring floors or 4-inch-thick landing mats placed on top of traditional foam floors provide adequate impact protection for two-level stunts.

The study was published in the November issue of the Journal of Athletic Training.

Keep safety in mind on Turkey Day

More home cooking fires occur on Thanksgiving than any other day of the year, according to the Quincy, MA-based National Fire Protection Association. In 2007, firefighters responded to 1,300 home cooking fires on Thanksgiving – 3 times the daily average.

To prevent fires, NFPA recommends:

• Do not use the stove if you are sleepy or have consumed alcohol.
• Stay in the kitchen when frying, grilling or broiling food.
• If you are simmering, baking, roasting or boiling food, use a timer to remind you to check the food regularly.
• Keep items that can catch fire away from the stovetop.

If a cooking fire breaks out:

• Smother grease fires by placing a lid on the pan and shutting off the stovetop. Do not remove the lid until the pan has completely cooled.
• For an oven fire, close the door and turn off the heat.

In related news, the American Association of Poison Control Centers reminds people to keep safety in mind on Thanksgiving to prevent food poisoning. To prevent this, AAPCC recommends:

• Handle food carefully. Wash hands, dishes, utensils and surfaces before and after handling food.
• Cook carefully. The most common cause of food poisoning is salmonella, which can only be destroyed by cooking foods thoroughly and at a temperature above 140° F.
• Thaw turkeys inside the refrigerator. Although it is safe to thaw a turkey in its original plastic packaging, transfer it to plastic wrap or foil after two days.
• Do not stuff a turkey in advance and then refrigerate it, as this can encourage bacteria growth. Remove stuffing before refrigerating leftovers.

Reminder: Help NSC perform 'A Million Acts of Safety'

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Member-exclusive content

• The "Motivate. Inspire. Acknowledge. Reward." Webinar is now available for free download.

OSHA provides H1N1 information

OSHA this week released fact sheets, together with a Web page, outlining ways workers and employers can limit the spread of the H1N1 influenza at work. An additional set of fact sheets deals specifically with health care workers, whose job often requires close contact with infected people.

OSHA said it will soon issue a compliance directive to ensure uniform procedures are established for flu-related inspections of health care settings. The directive will follow interim guidance issued by the Centers for Disease Control and Prevention, according to an OSHA press release.

Acetylene standard goes into effect

With no "significant adverse comments" submitted on OSHA's direct file rule (.pdf file) for acetylene, the general industry standard went into effect Nov. 9, the agency said.

The standard (1910.102) updates outdated consensus standards and was considered by OSHA to be noncontroversial, so the agency in August published both a final rule and an identical notice of proposed rulemaking.

In the event OSHA had received significant adverse comments on the standard, it would have withdrawn the final rule and proceeded with the NPRM.

Adults who have injured someone they know by closing a car window

Number of U.S. adults estimated to have injured someone they know by closing a car window

Source: Harris Interactive

OSHA schedules stakeholder meetings on combustible dust

Two informal meetings have been scheduled for stakeholders to discuss combustible dust hazards. The meetings, both of which will take place Dec. 14 in Washington, are part of OSHA's efforts to gather information on a proposed combustible dust standard.

OSHA published an advance notice of proposed rulemaking in the Oct. 21 Federal Register. According to the agency, at least 130 people have been killed and 780 injured in combustible dust explosions since 1980.

Scientists criticize federal N95 respirator requirement

Three scientific groups have expressed concern regarding the federal requirement that directs health care workers to wear fit-tested N95 respirators instead of surgical masks to limit transmission of the H1N1 influenza.

In a Nov. 5 letter (.pdf file) to President Barack Obama, the Society for Healthcare Epidemiology of America, the Infectious Diseases Society of America and the Association for Professionals in Infection Control and Epidemiology contend the policy does not line up with scientific evidence. Citing two recent studies that suggest N95 respirators do not provide more protection than surgical masks, the groups are calling for a modification of federal guidance and a moratorium on OSHA's enforcement of the requirement. One of the studies initially showed how N95 respirators provided better protection than surgical masks, but researchers said a re-evaluation of that study determined the difference was not statistically significant.

The letter also stated surgical masks are cheaper, more readily available and more likely to be worn by health care workers.

FEMA 'independence' bill moves out of committee

A House bill that would move FEMA back to a presidential Cabinet-level agency from the "unwieldy bureaucracy" in the Department of Homeland Security was voted out of committee last week.

Bill sponsor Rep. James Oberstar (D-MN) said in a press release that the FEMA Independence Act of 2009 (H.R. 1174) would restore the agency's "flexibility, capacity for quick decision-making and effectiveness" during disaster response and recovery efforts. The bill was approved by voice vote in the Transportation and Infrastructure Committee and reported to the House for action.

Sen. Joe Lieberman (I-CT) – chairman of the Senate Homeland Security and Governmental Affairs Committee, which has jurisdiction over FEMA – said that despite weaknesses uncovered in the agency during its response to Hurricane Katrina, FEMA works well under DHS and should not be moved.

FEMA was moved under DHS shortly after the department was created in 2003.

Committee holds hearing on paid sick days, H1N1

Advocates of a bill that would require employers to provide paid sick days suggested the legislation would help prevent employees from spreading illnesses at work, while opponents raised concerns about the economic effects of such a mandate.

During a Nov. 10 hearing, the Senate Health, Education, Labor and Pensions Committee's Children and Families Subcommittee discussed the Healthy Families Act (S. 1152), which would require employers with 15 or more employees to provide up to 56 hours of paid leave time per year.

Sen. Patty Murray (D-WA) said a policy is necessary in light of the H1N1 influenza pandemic to allow ill workers to stay home to avoid infecting co-workers. But HELP Committee ranking member Sen. Mike Enzi (R-WY) warned the bill could have an adverse effect on organizations struggling in the current recession, prompting them to reduce benefits or downsize.

In guidance to employers, the Centers for Disease Control and Prevention stressed all people with flu-like symptoms should stay home and away from the workplace to reduce the spread of infection.

CDC proposes setting leakage limit for half-mask respirators

The Centers for Disease Control and Prevention is accepting comment until Dec. 29 on a proposed rule (.pdf file) that would establish total inward leakage requirements for half-mask air particulate respirators approved by NIOSH.

The masks provide protection from toxic dusts, mists, fumes, fibers, and biological and infectious aerosols such as the flu. The rule would specify minimum TIL requirements and testing to be conducted by NIOSH and manufacturers to ensure the respirators provide effective protection when used correctly.

OSHA: Compliance with European GHS meets hazcom standard

Manufacturers, importers and distributors in the United States who follow a European Union regulation for the labeling of hazardous products meet OSHA's hazard communication standard (1910.1200), according to a standard interpretation from Richard Fairfax, director of OSHA's Directorate of Enforcement Programs.

As long as the label used complies with provisions in OSHA's hazcom standard – listing the chemical's identity, appropriate hazard warnings, and the name and address of chemical manufacturer, importer or responsible party – the EU GHS label is sufficient and OSHA will not issue citations, Fairfax said in an Oct. 6 letter.

Other standard interpretations recently released include:

• Only national consensus standards adopted or referenced by an OSHA standard provide a means of compliance.
• Chemical manufacturers must list either a physical address or a Post Office Box on a Material Safety Data Sheet to comply with the hazcom standard.
• Clarification of requirements for guarding access openings to fixed ladders.

EPA proposes new pesticide labeling to reduce drift hazards

The Environmental Protection Agency this week issued proposed guidance on pesticide labeling aimed at reducing hazards associated with off-target spray and dust drift.

The agency will evaluate the risk level of pesticides individually to help determine what measures are appropriate to protect people, wildlife, water, schools and other sensitive sites from harm, an EPA press release said. These measures could include the establishment of no-spray buffer zones or restrictions based on particle size, nozzle height and weather conditions.

"The new labels will carry more uniform and specific directions on restricting spray drift while giving pesticide applicators clear and workable instructions," said Steve Owens, assistant administrator for EPA's Office of Prevention, Pesticides and Toxic Substances.

Sept. 11 first responders have higher asthma rate: study

Workers and volunteers who spent an average of 80 days in rescue and recovery and clean-up efforts at the World Trade Center after the 2001 terrorist attacks suffer from asthma at twice the rate of the general population, according to recent data from the Mount Sinai School of Medicine in New York.

An examination of the medical records of 20,843 WTC first responders who received screenings from July 2002 to December 2007 showed as many as 8 percent reported experiencing asthma attacks or episodes. In contrast, less than 1 percent reported these symptoms in 2000. Asthma typically appears in 4 percent of the general population, a Mount Sinai press release said.

The study was presented Nov. 3 at the 75th annual international scientific assembly of the American College of Chest Physicians.

Does a sedentary job indicate a sedentary lifestyle?

Working in a sedentary job makes men less likely to engage in physical activities outside of work, a new study from University College in London indicates.

According to a study abstract, researchers studied nearly 4,300 male and 1,800 female British workers ages 35-55 over a five-year period, assessed whether the participants worked a passive job and gauged their level of physical activity during nonworking hours. 

Men working passive jobs throughout the duration of the study were 1.16 times more likely to have low leisure-time physical activity than those who had never worked a passive job. No association was found among the female workers.

The study was published in the Journal of Occupational and Environmental Medicine.

Retirement eases sleep issues: study

Retirement can help you rest easy, according to a recent study from the University of Turku in Finland.

Researchers annually studied approximately 14,000 retirees via survey and found the odds of the retirees having disturbed sleep in the seven years after retirement were 26 percent lower than in the seven years prior to retirement. The reduction in sleep disturbances was especially notable among people in high-demand jobs, management-level workers and shiftworkers.

Participants in the study worked for a gas and electric company in France that offered a company-paid pension at 80 percent of their salary, and had a statutory retirement age of 55-60. "In countries and positions where there is no proper pension level to guarantee financial security beyond working age, retirement may be followed by severe stress, disturbing sleep even more than before retirement," study authors noted.

The study was published this month in the journal SLEEP.

Senate confirms transportation safety administrators

Anne Ferro was confirmed Nov. 5 as the new administrator of the Federal Motor Carrier Safety Administration; Cynthia L. Quarterman was confirmed the same day as the new administrator of the Pipeline and Hazardous Materials Safety Administration. Ferro is the former president of the Maryland Motor Truck Association. Quarterman is the former director of the Minerals Management Service at the Department of the Interior.

The Senate Commerce, Science and Transportation Committee voted favorably and sent the nominations to the full Senate on Oct. 27.

NHTSA seeks comment on emerging traffic safety problems

The National Highway Traffic Safety Administration is seeking comment until Jan. 4, 2010, on potential traffic safety problems as the agency prepares for its 2010-2015 strategic planning.

NHTSA published more than 30 questions (.pdf file) in the Nov. 5 Federal Register to obtain feedback. The notice stated that although NHTSA has helped reduce traffic crash fatalities and resulting injuries during the past 43 years, more needs to be done "as new technology continues to develop and evolve."

Millions injured in car window incidents: study

More than 13 million U.S. adults are estimated to have injured someone they know by closing a car window, according to a study commissioned by KidsAndCars.org, a Leawood, KS-based nonprofit organization.

Results of the study, conducted by New York-based market research firm Harris Interactive, also estimated that:

• More than 22 million U.S. adults have been injured or know someone who was injured by another person closing a car window.
• More than 10 million U.S. adults have been injured by someone else closing a car window but did not seek medical care, thus they were not included in any government data collection efforts.

KidsAndCars.org officials said findings show the estimated number of incidents is much higher than the estimated injuries the National Highway Traffic Safety Administration listed in a notice of proposed rulemaking (.pdf file) for power-operated window, partition and roof panel systems. KidsAndCars.org submitted its findings when commenting on the notice and stressed the injuries involved someone else in the vehicle raising the window unbeknownst to another passenger. The organization also said NHTSA's efforts to mandate new types of power window switches will not help protect unsuspecting passengers.

FMCSA to host CSA 2010 Webinars

The Federal Motor Carrier Safety Administration in December will host two live Webinars on its "Comprehensive Safety Analysis 2010" initiative. CSA 2010 is a comprehensive review, analysis and restructuring of FMCSA's current compliance and enforcement program. A Dec. 3 Webinar will present an overview of CSA 2010 and operational model test results, while the Dec. 10 Webinar will cover the initiative from the perspectives of a motor carrier and a driver.

FMCSA intends to:

• Brief participants on the direction and progress of CSA 2010
• Obtain feedback and answer questions from its stakeholders
• Provide motor carriers, drivers and other stakeholders with information on what changes will occur with the implementation of CSA 2010
• Provide information on how to prepare for changes

Organization ranks most dangerous cities for pedestrians

Orlando is the most dangerous city for pedestrians, according to a new report from Washington-based Transportation for America.

The organization ranked U.S. metropolitan areas using the Pedestrian Danger Index, which determines the rate of pedestrian death in relation to the average amount of walking done by residents. The pedestrian death rate in Orlando was 2.9 deaths per 100,000 residents from 2007 to 2008, despite the fact that very few residents – only 1.3 percent – walked to work.

Other cities in top 10 were Tampa, FL; Miami; Jacksonville, FL; Memphis, TN; Raleigh, NC; Louisville, KY; Houston; Birmingham, AL; and Atlanta.

In the past decade, 43,000 Americans were killed while crossing or walking along a street, according to Transportation for America. Of those, 3,906 were children younger than 16.

The organization has called on Congress to improve pedestrian safety by designating federal funds to pedestrian projects, expanding the Safe Routes to School program and adopting a Complete Streets program that focuses on ensuring streets are safe for all modes of transportation.

NSC launches new Website

Check out the National Safety Council's new Website at www.nsc.org. Visitors will find greatly improved navigation and search capabilities. Better structure and site capabilities mean members get access to all materials in one location. Create a user profile and customize the information you receive on the home page. Forgot your Member ID? Call (800) 621-7619.

Borrowing prescription drugs often leads to side effects: study

More than 25 percent of people who borrow prescription medications experience side effects, according to a study presented at the American Public Health Association's 137th Annual Meeting & Exposition, which took place Nov. 7-11 in Philadelphia.

Researchers found that people who borrow prescription medications often are unaware of the potential risks and side effects of the drugs. More than half of the people studied said they did not receive written warnings or instructions about the medication, and 38.2 percent indicated they did not receive this information verbally. 

The main reason study participants said they borrowed prescription drugs was to avoid visiting their health care provider, yet 1 out of every 3 ultimately ended up seeking care for their ailment. Half of these individuals did not inform their health care provider they had borrowed prescription medications.

Help NSC perform 'A Million Acts of Safety'

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Upcoming Webinars

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What action should OSHA take on ergonomics?

I have heard online access to National Fire Protection Association codes is now free. Is this true?

NFPA now offers a free read-only version of its codes. Start at NFPA Online Access, read the introduction, scroll down to "To review NFPA's codes and standards online" and click on "Visit NFPA’s Document Information page." You will find a list of all NFPA codes. Select the code of interest and follow the instructions to create a user profile, which will then give you read-only access.

Hot tub injuries

Number of unintentional hot tub injuries reported annually between 1990 and 2007

Source: Center for Injury Research and Policy at Nationwide Children's Hospital

OSHA proposes record-breaking fine against BP Products North America

OSHA last week announced a record $87 million fine against BP Products North America Inc. for failing to correct safety hazards identified after a 2005 explosion at BP's Texas City refinery killed 15 workers and injured 170.

"Let me be clear: This administration will not tolerate disregard of our laws," Secretary of Labor Hilda L. Solis said during an Oct. 30 press conference.

After a six-month investigation, OSHA officials cited 270 violations, with fines totaling $56.7 million, for failure to correct hazards as required by BP's 2005 settlement agreement with OSHA, as well as 439 new willful violations related to pressure relief safety systems. 

"The fact that there are so many still outstanding life-threatening problems at this plant indicates that they still have a systemic safety problem in this refinery," acting OSHA administrator Jordan Barab said during the conference. 

BP issued a statement contesting all of the proposed citations.

OSHA's previous highest penalty – $21 million – was issued to BP as part of the 2005 settlement agreement. 

Barab: Federal OSHA oversight of State Plan states needs improvement

OSHA's oversight of states that operate their own safety and health programs has dwindled over the years, acting OSHA administrator Jordan Barab said in testimony last week before the House Education and Labor Committee.

In the Oct. 29 hearing on federal OSHA's recent critical review of Nevada's OSHA program, Barab said the report "convinced me that significant changes must be made in how federal OSHA conducts oversight over the State Plan programs."

The federal method of monitoring State Plan programs changed from "intensive" oversight measuring the states against federal performance in the 1970s to a current system that measures state performance against the state's own goals, according to Barab.

Additionally, although the federal government is supposed to provide 50 percent of a State Plan's funding, federal OSHA has provided no "significant increase" to State Plans in the past seven years despite a 20 percent increase in the agency's budget, he said.

In response, OSHA plans to conduct a study on all 25 State Plan programs. A 15 percent increase in State Plan funding also was included in the fiscal year 2010 budget request.

Fairfax: NEP on hex chrome coming soon

A National Emphasis Program on OSHA's new hexavalent chromium standard may be launched next month, according to Richard Fairfax, the agency's director of Directorate of Enforcement Programs. In an exclusive interview with Safety+Health magazine, Fairfax said the hex chrome NEP is in the final stages of a review process.

Proponents of the standard had petitioned OSHA for more than 10 years to issue a hex chrome standard that would include updated permissible exposure limits. Following a series of lawsuits, a court forced OSHA to issue a standard; full compliance is required by May 31, 2010.

Read the December issue of Safety+Health for more from the Fairfax interview.

OSHA whistleblower files new motion to get job back

An OSHA employee who alleges he was fired for criticizing the accuracy of the agency's injury and illness data filed a motion this week to return to work during his ongoing appeal of his termination.

Robert Whitmore oversaw OSHA recordkeeping requirements and was placed on administrative leave in 2007 for his criticism, according to Public Employees for Environmental Responsibility, a Washington-based alliance of government employees representing Whitmore. PEER claims Whitmore was fired (.pdf file) shortly after the Washington Post published an article about him in February 2009.

In the "stay" motion (.pdf file) filed Nov. 3, Whitmore asked to be reinstated to his post pending the outcome of his appeal to the government's Merit Systems Protection Board.

Noting OSHA's recently launched National Emphasis Program on recordkeeping, PEER attorney Christine Erickson said in a press release that Whitmore should be "allowed to end his career implementing the measures he fought to bring about."

A Department of Labor spokesperson said the Privacy Act prohibits the agency from commenting on personnel matters.

EPA proceeds with ban on carbofuran

The Environmental Protection Agency announced last week that it will begin implementing a rule banning use of the pesticide carbofuran.

In May 2009, EPA revoked carbofuran tolerances after performing a risk assessment and determining the chemical posed unacceptable risks to farm workers near treated fields. Exposure can cause headache, sweating, nausea, diarrhea, chest pains, blurred vision, anxiety and muscle weakness.

Three grower associations and FMC Corp., which manufactures carbofuran, objected to the rule, but EPA determined the standard for an evidentiary hearing had not been met. The agency currently is taking steps to cancel carbofuran registrations. Under the rule, the pesticide may not be applied to any food crops after Dec. 31 of this year.

Association requests lower noise PEL

A hearing loss prevention group on Monday announced it has called on OSHA to lower the permissible exposure limit for occupational noise.

The Westminster, CO-based National Hearing Conservation Association noted in its request (.pdf file) that nearly 22 million American workers are exposed daily to hazardous noise, and NIOSH research indicates the current PEL can lead to noise-induced hearing loss in the long term. The organization also requested OSHA extend its PEL to other industries not currently covered by the regulation, including construction, agriculture and shipbuilding.

The current PEL is 90 dBA and the action level is 85 dBA; NHCA requested each be lowered by 5 dBA.

GAO studies Black Lung Benefits Program

Coal miners face several challenges when pursuing federal black lung claims, such as finding legal representation and producing sound medical evidence, according to a report (.pdf file) on the Black Lung Benefits Program released Oct. 30 by the Government Accountability Office. Black lung – or coal worker's pneumoconiosis – is a respiratory disease caused by breathing coal dust.

Of the 763 claims GAO examined, mining companies agreed to pay benefits for about 73 percent of them within three years of the initial claim. The report said 87 percent of the claims filed in 2008 were initially denied, possibly because miners have trouble proving they meet all of the program's eligibility requirements.

GAO also found both miners and mining companies have financial incentives to keep claims tied up in appeals. The agency recommended the Department of Labor track performance through the claims process and consider structural changes to the program.

DHS proposes new anthrax responder guidance

The Department of Homeland Security is accepting comment until Nov. 27 on proposed guidance for protecting first responders and other public health professionals in the event of a large-scale anthrax attack.

The proposal recommends measures such as personal protective equipment, vaccinations, and decontamination and hygiene procedures.

MSHA issues three program information bulletins

The Mine Safety and Health Administration last week issued a program information bulletin (.pdf file) on the proper procedures for using a CSE Corp. SR-MP training unit after eight miners received chemical burns to their mouths during a training exercise.

According to the bulletin, an examination determined the outsides of the units were contaminated with potassium superoxide, a chemical compound used in rebreathers that can cause burns if it leaks out of the canister and comes into contact with skin. The contamination appears to have occurred when overused units were placed in the same container as unused units, according to a July notice from Monroeville, PA-based CSE.

MSHA also announced a new emphasis on auditing underground permissible equipment (.pdf file) and reissued a program information bulletin on the Voluntary Fire Suppression Agent Suitability Program (.pdf file).

OSHA Website change highlights worker deaths

Worker deaths now are front and center on the homepage of OSHA's Website.

In October, the Website began featuring a rotating box with a brief description of worker deaths, such as "Worker fell 9 feet from a tubular welded scaffold while performing drywall work" or "Worker was electrocuted while performing service work on a vending machine." Above each description is a link to weekly fatality and catastrophe reports from the Directorate of Enforcement Programs.

Approved by Secretary of Labor Hilda L. Solis, the decision to post the figures was made as part of the Obama administration's "commitment to open government and to provide employers and workers with information they could use to help assure worker health and safety in their own establishments," an OSHA spokesperson said.

MSHA, NMA recognize safest mines

The Mine Safety and Health Administration and the National Mining Association last week honored 20 mines with the Sentinels of Safety award for their 2008 safety records.

The award is presented to mines with a minimum of 4,000 injury-free employee work hours. The 20 winning companies combined for almost 2.7 million work hours without a lost-time or restricted-duty injury, according to an MSHA press release.

Committee sends FMCSA, PHMSA nominations to Senate

The Senate Commerce, Science and Transportation Committee on Oct. 27 voted favorably and sent to the full Senate two nominations for heads of transportation safety agencies.

The committee approved Anne Ferro to be administrator of the Federal Motor Carrier Safety Administration, and Cynthia L. Quarterman to be administrator of the Pipeline and Hazardous Materials Safety Administration.

Ferro is the former president and CEO of the Maryland Motor Truck Association. She has served on a number of regional advisory committees relating to freight planning, highway safety and transportation funding.

Quarterman is the former director of the Minerals Management Service at the Department of the Interior. She is a partner in the Washington law firm Steptoe & Johnson LLP.

Rhode Island passes TWD ban

Rhode Island on Oct. 29 became the 19th state to pass legislation prohibiting motorists from sending, writing or reading a text message while driving. State Rep. Peter F. Kilmartin (D-District 61) and Sen. V. Susan Sosnowski (D-District 37) sponsored the bill.

Violators would face a fine of up to $85 for a first offense, $100 for a second offense, and $125 for a third or subsequent offense. The violation would not be part of a motorist's driving record, but would be reported to his or her insurance company.

Pilot survey yields unreliable data: report

The National Research Council on Oct. 28 released a report showing design deficiencies in a survey intended to track safety-related aviation incidents make the data gathered unreliable.

The National Aviation Operations Monitoring Service survey, which was jointly managed by NASA and the Aberdeen, MD-based Battelle Memorial Institute, was administered to more than 29,000 air carrier and general aviation pilots from April 2001 through December 2004.

According to an Oct. 28 NRC press release, although the survey employed a number of generally accepted collection practices, several flaws in its design and implementation affected the usefulness of the data. Among the many criticisms, NRC said pilots who answered questions regarding numbers of hours and flights flown and numbers of incidents observed rounded numbers or reported convenient numbers (numbers ending in 0 or 5), which NRC said contributed to serious concerns regarding the data's accuracy and reliability.

NTSB determines probable causes of two 2008 crashes

Tire failure and inadequate bridge railing protection were the probable causes of a 2008 motorcoach crash in Sherman, TX, that killed 17 people and injured 39, the National Transportation Safety Board concluded on Oct. 27.

According to the report, 4.5 hours into a trip from Houston to Carthage, MO, the motorcoach's right steer axle tire failed as it approached the bridge at 68 mph. The 55-passenger motorcoach went through the bridge railing, fell 8 feet and slid approximately 24 feet before coming to rest.

NTSB said the tire failure due to an extended period of low-pressure operation resulted in separation within the tire and led to loss of vehicle control. A bridge railing also failed to prevent departure, the report said.

The agency also concluded the pilot of a Maryland State Police helicopter was responsible for a September 2008 crash that resulted in his death and the deaths of three others. NTSB found systematic problems with the state's emergency helicopter program. Maryland State Police responded that it "will continue to work every day to uphold the lifesaving tradition of the most successful and most respected police aviation and medevac program in the world."

DOT, FCC join forces to combat distracted driving

The Department of Transportation and the Federal Communications Commission on Nov. 4 announced a joint effort to evaluate technologies intended to curb the effects of distracted driving.

According to a press release, officials from DOT and FCC will establish a working group to evaluate technology-based solutions to the dangers of distracted driving, and will coordinate consumer outreach and education as well.

FCC Chairman Julius Genachowski testified, along with Secretary of Transportation Ray LaHood, during an Oct. 28 hearing (.pdf file) before members of the Senate Commerce, Science and Transportation Committee. Genachowski said FCC is consulting with DOT as it institutes a consumer education campaign, and is exploring collaborations to support the safe use of mobile devices.

GAO: Pilot age has no effect on aviation safety

The health conditions of commercial pilots 60 and older have no effect on aviation safety, according to a Government Accountability Office report released Oct. 30.

The report (.pdf file) reviewed the Federal Aviation Administration's accident and incident data and the National Transportation Safety Board's accident data from December 2007 through September 2009, in addition to evidence from a performance audit. Findings show health conditions among pilots 60 and older did not cause any airline accidents or incidents in the time period studied. The Fair Treatment for Experienced Pilots Act, enacted in December 2007, extended the federal age standard for pilots of large commercial aircraft to 65 from 60. Researchers concluded a longer period of time and comparison between older and younger pilots would provide a more definitive assessment.

When should you seek emergency care for influenza?

Knowing what to do when you experience flu symptoms was made easier this week when the American College of Emergency Physicians issued guidance to help people determine when to seek emergency care for symptoms of the H1N1 influenza.

Developed in coordination with the Office of the Assistant Secretary for Preparedness and Response and the Emergency Care Coordination Center – both divisions of the Department of Health and Human Services – the guidance lists a series of questions about symptoms and other health conditions (such as pregnancy or chronic disease) to help determine if emergency care is required.

USFA: Fire sprinklers best protection against fire injury, death

Every home should be equipped with working smoke detectors and, ideally, fire sprinklers to prevent fire injury and death, says the U.S. Fire Administration in its new public safety campaign: Install. Inspect. Protect.

According to USFA, more than 3,000 people are killed in home fires every year, most often in homes with no working smoke alarm. The presence of smoke alarms and sprinklers reduces the risk of death by 82 percent.

In related news, a National Fire Protection Association study (.pdf file) of 20 U.S. communities concluded home fire sprinklers easily can be integrated with local water supply systems without creating design problems or incurring significant additional cost. In a hearing this week in Baltimore, members of the International Code Council voted to retain residential fire sprinkler requirements in its International Residential Code despite opposition from home builders.

Hot tub injuries on the rise: study

Hot tub use has been on the rise in recent years, and so too has the rate of injuries associated with them, according to a new study from the Center for Injury Research and Policy at Nationwide Children's Hospital in Columbus, OH. Unintentional injuries from hot tubs rose 160 percent to more than 6,600 injuries annually between 1990 and 2007.

Nearly three-quarters of people injured – most commonly from slips and falls – were older than 16. However, among children younger than 6, near-drownings were the most common cause of injury, and children ages 6-12 were most commonly injured while diving or jumping into the tub.

To prevent hot tub injuries, study authors suggest taking precautions such as installing a non-slip surface in and around the tub, limiting the time of hot tub exposure to 10-15 minutes, and ensuring the temperature is no higher than 104° F.

The study was published in the American Journal of Preventive Medicine.

Institute to fund research on bisphenol A

Research on bisphenol A's effects on human health will be a major focus for the National Institutes of Health in coming years.

NIH allocated approximately $30 million in funds received from the American Recovery and Reinvestment Act of 2009 to the National Institute of Environmental Health Sciences to study the effects of BPA over the next two years, according to an NIH press release.

The grants will fund additional testing on animals and humans to determine the impact of developmental exposure and adult chronic exposure to low doses of BPA. Areas of focus will include behavior; obesity; diabetes; reproductive disorders; and development of breast, uterine and prostate cancers.

In 2008, NIEHS concluded BPA causes adverse health effects in animals, but its effect on humans remains largely unknown, the release said.

During your career as a safety professional, has a worker death ever occurred at your site?