• Senate committee postpones vote on Michaels nomination
• OSHA issues combustible dust ANPRM
• Franken introduces safe patient handling bill
• Report reveals problems with Nevada OSHA program
• OSHA: Road construction workers must wear hi-vis in all work zones
• DHS publishes standards for private sector partnership program
• USFA, NIST to conduct SCBA study
• OSHA: Special purpose particle accelerators may pose risks
• NIOSH examining H1N1 among health care workers
• DOE considers safety program
• Biodiesel receives good marks from MSHA

• NTSB requests FMCSA track sleep apnea
• FMCSA releases report on driver distraction
• DOT awards $20.9 million in grants for hazmat response
• NHTSA releases report on fatalities in frontal crashes
• Drowsy Driving Prevention Week is Nov. 2-8

• Emergency physicians: ERs unprepared for H1N1 outbreak
• CPSC: Drowning hazards exist beyond summertime
• Institute claims smoking bans reduce heart attacks
• APHA encourages Americans to check emergency kits, batteries

• Companies report no decrease in productivity following cell phone bans
• Watch for the new NSC Website – Going live Nov. 2
• 2009 Congress & Expo: Are you registered?
• Get involved and make a difference
• Upcoming Webinar
• New on the Members-Only Website

The Senate Health, Education, Labor and Pensions Committee on Wednesday postponed its vote on David Michaels' nomination to head OSHA.

Michaels was late in submitting answers to committee members' questions, and the senators did not have an opportunity to "adequately review" his answers after receiving them on Tuesday, according to a spokesperson for Sen. Tom Harkin (D-IA), HELP Committee chairman.

Michaels' nomination vote had not been rescheduled as of deadline.

OSHA on Oct. 21 published an advance notice of proposed rulemaking on combustible dust, less than one month after the Chemical Safety Board repeated its three-year-old recommendation (.pdf file) for such a standard.

Since 1980, 130 workers have been killed and an additional 780 injured in combustible dust explosions, according to OSHA. Most recently, 14 people were killed in a sugar dust explosion in Georgia in 2008.

The ANPRM notes the success of OSHA's Grain Handling Facilities standard (1910.272) in reducing grain dust fires and explosions. After the standard went into effect in 1987, dust explosions at grain facilities averaged 6.3 a year over the next 10 years, down from an average of 20.5 a year during the decade preceding the standard.

Although some current standards address combustible dust hazards, including the General Duty Clause, the ANPRM said those standards "do not provide a comprehensive set of requirements to fully address all of the prevention and mitigation methods specific to combustible dust."

OSHA is accepting comment on the ANPRM until Jan. 19.

Sen. Al Franken (D-MN) last week introduced the Nurse and Health Care Worker Protection Act of 2009 (S. 1788), which would force OSHA to issue a standard on safe patient handling and injury prevention to help reduce musculoskeletal injuries among health care workers.

The bill would require:

• The use of lift equipment to move patients
• Worker training on safe patient handling

In 2007, nursing aides, orderlies and attendants sustained 24,340 musculoskeletal disorders, the leading cause of which is patient lifting, transferring and repositioning injuries, according to the bill.

A companion bill (H.R. 2381) introduced in the House in May by Rep. John Conyers (D-MI) is currently in committee.

OSHA issued a report (.pdf file) Oct. 20 identifying serious flaws in Nevada's OSHA program, including failure to issue appropriate citations for willful and repeat violations, investigators who lack adequate training in construction dangers, and failure to verify whether employers corrected hazards.

The investigation was prompted by the state's 25 workplace fatalities from January 2008 through June 2009, along with media coverage of the program's inefficiencies and complaints filed at the federal level.

Among other findings:

• In almost half the fatality cases, the state did not notify the deceased's family members of the investigation, depriving them of the opportunity to speak with investigators.
• Nevada OSHA agreed to conduct 2,900 inspections a year, which breaks down to 95-115 inspections per investigator, "far too many…to do a thorough job," according to the report.
• Cases were not organized consistently.

The report indicated Nevada's new leadership cooperated with investigators and committed to fixing the problems.

All highway and road construction workers are required to wear high-visibility garments, according to a new letter of interpretation from OSHA.

A 2004 letter of interpretation stating that workers in highway and work zones are required to wear hi-vis apparel was limited by a 2006 Occupational Safety and Health Review Commission ruling that stated the garments need to be worn only where the Federal Highway Administration's Manual on Uniform Traffic Control Devices mandates. The current MUTCD requires vests only on federally funded roadways.

OSHA withdrew its previous answer in the original letter of interpretation and in the most recent letter provided "a more comprehensive answer" in requiring hi-vis apparel on all highway and road construction workers, regardless of whether the MUTCD requires them.

The Department of Homeland Security last week published three proposed standards the agency hopes will "enhance operational resilience, business continuity management, and disaster and emergency management among participating private sector partners."

The standards are part of the agency's Voluntary Private Sector Preparedness Accreditation and Certification Program. Also known as PS-Prep, the program is a partnership between DHS and businesses, nonprofit organizations and universities.

A joint study by the U.S. Fire Administration and the National Institute of Standards and Technology intends to examine the thermal performance of self-contained breathing apparatus facepieces.

The study, prompted by incidents of "serious" SCBA facepiece failure, will examine documented on-duty firefighter injuries and deaths due to thermal exposure to the facepiece, according to a USFA press release. Researchers will look for a way to enhance thermal protection to improve the safety of firefighters in the field.

OSHA has issued a safety and health information bulletin (.pdf file) on the hazards associated with operating special purpose particle accelerators.

Particle accelerators use electric fields to make electrically charged particles speed up and hit each other or a target. The collision of particles sometimes produces ionizing radiation, which can be dangerous to workers because exposure to ionizing radiation can potentially cause health problems. Workers also could be exposed to electrical hazards, oxygen-deficient atmospheres and confined spaces, according to an OSHA press release.

Special purpose particle accelerators typically are found at universities or Department of Energy sites.

OSHA standards referenced in the bulletin require employers to use lockout/tagout procedures, implement a fire protection program and provide personal protective equipment to workers.

NIOSH issued a statement Oct. 16 describing its efforts to gather information about serious illness or death among health care workers infected with the H1N1 virus.

News reports have linked at least four nurse deaths to H1N1 influenza, according to NIOSH. Health care workers are at a higher risk for exposure because they may interact with infected patients.

The agency is asking the public to notify the institute of cases of health care workers who experience serious illness, hospitalization or death associated with H1N1.

The Department of Energy is seeking comment on a proposal to establish a safety program modeled after the Nuclear Regulatory Commission's "Safety-Conscious Work Environment" guidelines.

The NRC policy ensures employees are free to raise safety concerns without fear of retaliation. The petition for the rule came from Hanford Challenge, a watchdog group based in Seattle.

The comment period closes Dec. 15.

Using biodiesel fuels in diesel-powered engines equipped with a diesel oxidation catalyst significantly reduces total carbon emissions, according to a Mine Safety and Health Administration program information bulletin (.pdf file) issued Oct. 13.

MSHA regulates miners' exposure to diesel particulate matter, a major component of which is total carbon. MSHA tests showed using biodiesel without a diesel oxidation catalyst produced a moderate reduction in carbon emissions. The best results came when the oxidation catalyst was used with B50 blend or 100 percent biodiesel. 

Although only one engine model was tested, MSHA expects similar engines to produce similar results.

In an effort to prevent commercial motor vehicle crashes among operators who have obstructive sleep apnea, the National Transportation Safety Board on Oct. 20 issued two safety recommendations to the Federal Motor Carrier Safety Administration.

According to the recommendation letter (.pdf file), NTSB investigated a number of incidents across all modes of passenger transportation involving operators who have OSA. The board said these incidents highlight "the critical importance of screening for and effectively treating OSA among transportation operators." NTSB recommended FMCSA:

• Implement a program to identify CMV drivers who are at high risk for OSA and require those drivers to provide evidence of having been properly evaluated and, if treatment is needed, effectively treated before being granted unrestricted medical certification.
• Develop and disseminate guidance for CMV drivers, employers and physicians regarding identification and treatment of individuals at high risk for OSA, emphasizing that drivers who have effectively treated OSA are routinely approved for continued medical certification.

Findings (.pdf file) from a Federal Motor Carrier Safety Administration study show driver distraction was a potential contributing factor in about 82 percent of commercial motor vehicle crashes between 2003 and 2005.

Researchers at the Blacksburg, VA-based Virginia Tech Transportation Institute's Center for Truck and Bus Safety combined and analyzed data from two large-scale CMV naturalistic truck driving studies. The data represented 203 CMV drivers, seven trucking fleets and 16 fleet locations.

Findings from the study show CMV drivers were engaged in non-driving-related tasks in 71 percent of crashes, 46 percent of near crashes and 60 percent of all safety-critical events. Analysis of the data showed 4,452 safety-critical events, 21 crashes, 197 near crashes, 3,019 crash-relevant conflicts and 1,215 unintentional lane deviations. A risk assessment showed drivers who text message while driving were 23.2 times more likely to be involved in a safety-critical event, compared with drivers who did not TWD.

The Department of Transportation on Oct. 20 announced it awarded $20.9 million in grants for improving emergency response to transportation incidents involving hazardous materials.

According to a DOT press release, grant money will be used to help train first responders to react to incidents involving hazardous materials and to meet the safety challenges posed by new chemicals and alternative energy products.

Funding for the grants comes from user fees paid by shippers and carriers of certain hazardous materials to the Pipeline and Hazardous Materials Safety Administration. In June, PHMSA withdrew a notice of proposed rulemaking to raise registration fees after revised estimates showed unexpended balances from previous years and expected revenues would be enough to fund the grants at the current fee level.

Findings from a National Highway Traffic Safety Administration study on frontal crashes throughout a seven-year period show "poor structural engagement" caused fatalities despite safety belts and air bags.

In the report (.pdf file), researchers analyzed 122 crashes that occurred between 2000 and 2007 and concluded people continue to die because many crashes involve poor structural engagement (corner impacts, oblique crashes, impacts with narrow objects and under-rides) between the vehicle and its collision partner. The study also stated a substantial proportion of crashes were "exceedingly severe."

NHTSA is accepting comment on the report until Feb. 18, 2010.

The National Sleep Foundation in Washington announced that Nov. 2-8 will be Drowsy Driving Prevention Week. NSF's 2009 Sleep in America Poll (.pdf file) found 1.9 million drivers were involved in a car crash or a near crash caused by drowsiness in the past year.

The vast majority of emergency physicians are concerned about their emergency room's ability to handle a severe outbreak of H1N1 influenza, finds a poll from the American College of Emergency Physicians in Irving, TX.

ACEP polled more than 1,000 emergency physicians nationwide Sept. 15-23. Approximately 90 percent of respondents were concerned with managing an outbreak, and most believed the government was not focusing enough attention on flu prevention. ACEP noted that only 4 percent of funding for emergency preparedness is allocated for medical preparedness. 

According to the Centers for Disease Control and Prevention, H1N1 has been reported in all 50 states, with 21 states reporting widespread outbreaks.

No matter what the season, children are at risk of drowning, warns the Consumer Product Safety Commission. From 2003 to 2005, an average of 90 children younger than 5 were killed and an additional 39 were injured in non-pool submersion incidents. Although 62 percent of the children drowned in bathtubs, other household items, such as buckets and baby seats, were involved in some incidents.

To prevent drownings, CPSC recommends:

• Never leave children alone near water, even briefly. Young children can drown very quickly in a small amount of water.
• Never move more than an arm's length away from a child in a bathtub.
• Do not leave a baby or toddler in the tub under the care of an older child.
• Do not leave buckets containing even a small amount of liquid unattended. Toddlers can fall in head first and drown. Always empty and store buckets properly, and do not allow them to collect rainwater.

Smoking bans can reduce the risk of heart disease and heart attack, possibly by as much as 47 percent, according to a report from the Institute of Medicine.

A committee of IOM researchers conducted a review of data on the correlation between secondhand smoke exposure and heart problems, as well as 11 studies evaluating the impact of smoking bans. The report concluded sufficient evidence exists showing exposure to secondhand smoke increases the risk of heart disease among nonsmokers by 25-30 percent. According to IOM, about 43 percent of nonsmoking children and 37 percent of nonsmoking adults are exposed to secondhand smoke.

Data also indicated the enforcement of smoking bans is effective in reducing the risk of heart attack. However, the evaluated research varied on certain measurements, which put the risk reduction at anywhere from 6 to 47 percent and prevented IOM from determining an exact figure on the impact of smoking bans.

Come Nov. 1, it's time to change your clocks, change your batteries and check your emergency kit, the American Public Health Association recommends.

During the annual daylight-saving time, APHA encourages people to examine their emergency preparedness kits – or create one – when they change their clocks for daylight-saving time as part of its Get Ready: Set Your Clocks, Check Your Stocks campaign.

The time change occurs on Nov. 1 in most areas of the country. Along with checking your emergency kit, APHA and other organizations such as the U.S. Fire Administration remind citizens to check – and, if necessary, change – the batteries in smoke detectors and carbon monoxide detectors.

A recent survey of National Safety Council members has revealed that 99 percent of companies with policies prohibiting the use of cell phones and wireless communications devices while driving have experienced no change in productivity after the policies took effect. Productivity concerns were the top reason given by respondents who have not established a policy on cell phone use while driving.

Of the member companies who responded to the survey, 469 have enacted cell phone policies prohibiting employees from using hands-free or handheld phones. NSC has developed a Cell Phone Policy Kit to assist companies in developing or enhancing current policies. A fact sheet, data resources and other information regarding cell phone use while driving are available on NSC's Distracted Driving Web page.

Based on user feedback, the National Safety Council staff has been working hard creating a new Website. It is scheduled to go live Nov. 2. Visitors will find more user-friendly navigation, better search functions and more content. NSC members will no longer have a separate Website; instead, member-exclusive content – including posters, checklists, Webinars and tip sheets – will be available on the nsc.org site after members log in. Don't know your Member ID? Call (800) 621-7619.

The NSC 2009 Congress & Expo, scheduled for Oct. 25-30 in Orlando, FL, is your one-stop shop for education, networking, and the newest products and services. New educational opportunities at the world's largest annual safety, health and environmental event include outstanding keynotes, more advanced-level Technical Sessions, the Executive Edge Track, workshops, a new EHS Practitioners Meeting, and more. In addition, more than 800 companies will exhibit the latest products and services on the Expo Floor. Don't miss out – register today!

As a member of the National Safety Council, a variety of volunteer opportunities (.pdf file) are available to you that allow you to interact with other safety leaders, including sharing ideas, experiences and lessons learned, as well as taking a leadership role in educating the public on critical safety issues. Join a Division, help your local chapter or serve as a Safety Ambassador. Fill out the Volunteer Information Request form (MS Word doc) and find an opportunity that meets your interests and time availability.

• Motivate. Inspire. Acknowledge. Reward – Nov. 18

• The 2009 Occupational Award winners (.pdf file) in the National Safety Council's Motivation and Recognition Awards Program have been posted.
• The 2009 Industry Leader Award winners (.pdf file) have been announced.