Four toxic settling ponds behind Honeywell Plant

BY D.W. NORRIS AND ROB CROW THE SOUTHERN

METROPOLIS - At the Honeywell plant in town, temporary workers convert uranium, a process that deals with some of the most dangerous chemicals of any plant in the nation.
Just outside the plant's boundaries, on U.S. 45, unionized workers stand and protest in shifts. Because of a bargaining dispute between Honeywell and the United Steel Workers union, more than 200 employees have been locked out since the end of June. It's a situation that's bad and only gets worse with each passing day, as bitterness between the company and the union continues to grow.
But the biggest problem at the plant may not be the labor dispute. It may not be those picketing, locked-out employees that draw honks along U.S. 45.
Instead, it may lie in four toxic settling ponds behind the plant.
Honeywell plans to fill those ponds with cement, locking in toxic chemicals for years to come, but that plan does not sit well with some people living near the Honeywell complex. They view the ponds and Honeywell's plans to stabilize and cover them as sus-pect.
The project
Honeywell's in-situ, or "in-place" solidification and stabilization project has multiple steps and is expected to be finished sometime in 2016. Among the chemicals to be encased in cement are calcium fluoride, which may be toxic, and uranium, which is highly toxic.
The process officially began Nov. 29, when the Illinois Environmental Protection Agency received a request to change Honeywell's RCRA hazardous waste permit. Construction is expected to start in 2013.
Before construction begins, Honeywell will perform optimization tests to select the final mix design of the cement and/or addi-tives such as fly ash, lime or other materials and demonstrate its performance. The ponds will then be filled with the final mixture.
Once the ponds are solidified, low-permeability cover systems will be constructed over the materials in each pond. Each cover system will include additional fill soil, a geosynthetic clay liner, a geomembrane or rubber-like barrier, a surface water drainage layer and a protective soil cover.
Honeywell spokesman Peter Dalpe said the company will conduct quality assurance tests during construction to show that the "solidified materials satisfy the design requirements."
Dalpe said solidification and stabilization is not new. It has been used at more than 160 badly contaminated sites since 1982, ac-cording to the EPA. At least two of those sites were polluted by uranium. Most of the sites met government standards after the projects were completed.
Still, at least one question persists for the people who live within miles of Honeywell's four settling ponds.
Is it safe?
The plan has outraged several people in Southern Illinois, as they are concerned about the possibility of the ponds leaking and creating a disaster in the region.
Don Lowery, a retired judge who unsuccessfully ran for the Illinois' Republican U.S. Senate nomination last year, said he be-lieves the plan has major flaws and could put Massac County in the national news for all the wrong reasons.
"We don't need another Love Canal - people died, birth defects were rampant. We don't need another Three-Mile Island," he said, referencing a pair of infamous environmental disasters in the late 1970s. "The materials in those ponds are dangerous."
State Rep. Brandon Phelps, D-Harrisburg, agreed. Last week, Phelps urged agencies to step in and shut down the Honeywell plant while union workers are locked out, saying the current staffing creates unnecessary health risks for those in the community.
But the ponds, he said, could be a bigger risk, as he believes the risk of the ponds starting to liquefy and create massive problems is too great to ignore.
If liquefaction occurs, Phelps said, "it'll leak into the ground and into our water system, and it is going to be a catastrophe. We don't want this to turn into Three-Mile Island."
Honeywell assured all proper steps will be taken to make sure no such leak occurs, and that testing will take place to make sure the solidification happens without a hitch. But during a public meeting earlier this month with engineers and Honeywell executives, Lowery was told there is no contingency plan in place should there be a leak.
"It is a concern; (the waste) is there," said Mike Riley, a former longtime Honeywell employee who is now the USW's health and local safety representative. "I don't see how putting concrete with it is going to get rid of the problem.
"I think people need to be educated on the hazards at that sight - the hydrofluoric acid, the ammonia, sulfuric acid, what those things can do, and the quantities that are out there. We're not talking about a 55-gallon drum; we're talking about thousands of pounds of these chemicals."
Honeywell's past
Several people, Lowery included, said they simply don't trust Honeywell on matters of safety and transparency. And the plant has had issues.
In December, a small leak of hydrofluoric acid occurred at the Metropolis plant, although there were no injuries and NRC offi-cials said it was properly handled within the plant.
In April, Honeywell's quarterly financial report stated that the EPA and Department of Justice were investigating whether sludge produced at the plant had been properly stored, and that a grand jury was convened to investigate the matter.
In 2009, the NRC gave Honeywell a violation for not reporting 37 contamination events at the Metropolis plant. A uranium hexafluoride leak in December 2003 resulted in the plant being shut down for three months.
However, during inspections throughout the end of last year, the NRC said there were no significant safety concerns with the Metropolis plant.
"We take our regulatory responsibilities very seriously and will continue our oversight to ensure the Honeywell facility is operated in a way that protects workers, people living nearby and the environment," said Tony Gody, NRC Region II director of the Division of Fuel Facility Inspection.
The region's future
In 2000, an EPA report on stabilization and solidification projects at badly polluted sites across the country found that concen-trations of toxins at those sites were reduced enough to generally meet government standards.
Unfortunately, the EPA also noted in the same report that the long-term effectiveness of solidification and stabilization is un-known.
The EPA quoted various studies showing that "cement-based stabilized wastes are vulnerable to the same physical and chemical degradation processes as concrete and other cement-based materials," which means they have the "potential to disintegrate over a period of 50 to 100 years."
That timeframe is what concerns Metropolis Mayor Billy McDaniel. But, McDaniel said, there also comes a time when citizens have to rely on "the people you're paying to keep you safe."
"I want it where, 50 years from now in our community, we don't have an issue at Honeywell or at any other plant, that could be taking lives or having babies born with deformities," McDaniel said. "We want things done right, and in the right way, the first time."

EPA fines Salt Lake City chemical company

By Judy Fahys

Thatcher Chemical Co. acknowledged that it did not have proper risk management plans in place and now has reached agreement with the U.S. Environmental Protection Agency to pay fines and make improvements that will reduce air emissions at its Salt Lake City plant.

The EPA said Thursday the company will settle a series of alleged violations of the Clean Air Act for $181,428 that were discovered during two compliance inspections last year. The civil penalty is $12,500. The company also will spend about $168,928 on emissions-control equipment that will cut air-pollution releases to levels below what is allowed under its permits.

In addition, Thatcher is required under the settlement to improve maintenance and internal auditing of its hazardous chemical handling. It also must do a better job of documenting the training employees get for working with the chemicals.

“Companies that use chemicals and substances which pose a potential danger are responsible for having a robust risk management program in place,” said Mike Gaydosh, head of EPA’s enforcement program in Denver. “Failure to do so places the environment, employees, and the nearby community at risk.”

EPA said risk management regulations are appropriate for Thatcher because it stores large quantities of “extremely hazardous” substances, such as ammonia, chlorine, and sulfur dioxide at the Salt Lake City plant. Without proper plans for handling this potentially dangerous material, more accidents are possible and the company is less prepared to deal with emergencies.

Calls to Thatcher for comment were not immediately returned.

Crane topples at JaxPort, killing worker

By Jeff Brumley

A portable industrial crane brought in to dismantle a shipping crane at Talleyrand Marine Terminal collapsed around noon Saturday, killing one worker, police said.

The Jacksonville Sheriff's Office identified the man killed as crane operator Anthony F. Roberts.

Police said pieces of the retired crane Roberts was removing for scrap toppled and crashed onto the cab of the crane he was operating.

Police released no further information about Roberts.

Jaxport spokeswoman Nancy Rubin said she didn't know any information about the victim, except that he was not an employee of the port. Police say Roberts died at the scene.

The port had sold an old container crane to another company, which in turn hired a contractor to use a mobile crane to dismantle the aging piece of equipment located on the docks near the port's main entrance on Talleyrand Avenue, Rubin said.

Rubin didn't know the name of the company that purchased the crane or that of the contractor. She also didn't know any of the dimensions of either crane. The Occupational Safety and Health Administration is investigating the incident.

Ohio gas line pressure leads to explosion, fires

An evacuation had been ordered in the town, but residents were instead later directed to turn off gas lines and stay inside



FAIRPORT HARBOR, Ohio — Authorities say built-up pressure in natural gas lines led to a house explosion and then a series of fires in a northern Ohio community.

Deputy Chief Tom Talcott of the Mentor fire department says a dozen or more fires were reported early Monday in Fairport Harbor, northeast of Cleveland along Lake Erie. He says only two were still burning by late morning.

An evacuation had been ordered in the town, but when the situation stabilized, residents instead were directed to turn off gas lines and stay inside. Talcott says nearly the whole village was affected, but he didn't have an estimate of how many residents had evacuated their homes.

Mayor Frank Sarosy says there were no immediate reports of injuries.

The U.S. Dept. of Labor's Occupational Safety and Health Administration has cited roofing contractor Sheriff-Goslin Co. of Mansfield with one alleged willful and one repeat safety violation for failing to provide fall protection for employees working on a residential roofing project in Sandusky.

The company faces penalties totaling $86,500.

The citation follows an investigation conducted Nov. 9. 2010, under the residential construction and fall protection emphasis program. Sheriff-Goslin has been issued one willful citation, with a proposed penalty of $70,000, for failing to provide fall protection on a steep-sloped roof where workers were exposed to a 27-foot fall hazard. A willful violation exists when an employer has demonstrated either an intentional disregard for the requirements of the law or plain indifference to employee safety and health.

"Falls are the leading cause of injury and death in the workplace. Sheriff-Goslin Co. has a history of failing to follow standards to protect workers from fall hazards," said Jule Hovi, OSHA's area director in Toledo. "This is unacceptable, and OSHA is committed to ensuring employers abide by safety and health regulations."

Sheriff-Goslion also has been issued one repeat citations with a proposed penalty of $16,500, for failing to ensure workers exposed to overhead hazards were wearing proper head protection. OSHA issues a repeat citation if an employer previously was cited for the same or a similar violation of any standard, regulation, rule or order at any other facility in federal enforcement states within the last five years. The company was cited for lack of head protection in June, 2009, as well as a lack of fall protection at job sites in June, 2009, and July, August and September, 2010.

OSHA standards require an effective form of fall protection, such as guardrails, safety nets or personal fall arrest systems, be in use when workers perform residential construction activities 6 feet or more above the next lower level. Detailed information on fall protection hazards and safeguards is available online at http://www.osha.gov/SLTC/fallprotection/index.html.

The company has 15 business days from receipt of its citation and penalties to comply, request an informal conference with OSHA's area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

Employers and employees with questions regarding workplace safety and health standards can call OSHA's Toledo office at 419-259-7542. To report workplace incidents, fatalities or situations posing imminent danger to workers, call OSHA's toll-free hotline at 800-321-OSHA(6742).

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to assure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance.

For more information, visit http://www.osha.gov.

OSHA issues fines in Fatal Pennsylvania Zinc Plant blast

It is reported that federal regulators have issued USD 45,000 in fines to a Pittsburgh area zinc processing plant where an explosion killed two workers in July.

The Occupational Safety and Health Administration on Wednesday handed down fines against Horsehead Corp. stemming from the July 22 explosion at its plant in Potter Township, Beaver County. The explosion killed 53 year old James Taylor of Aliquippa and 41 year old Mr Corey Keller of Newell West Virginia.

Ms Leni Uddyback Fortson OSHA spokeswoman said Horsehead was fined a maximum of USD 7,000 for five of ten violations deemed serious.

A statement from the company says Horsehead has cooperated with federal investigators and employees in a safety review.

Horsehead has 15 days to pay the fines, appeal or ask for a meeting with OSHA officials. The company said it is still reviewing the document.

(Sourced from www.claimsjournal.com)

CAL-OSHA: Plea deal made in death of pregnant farmworker

By Garance Burke
The Associated Press - The Associated Press

FRESNO — Two company officials charged in the death of a pregnant teenager who collapsed of heat stroke after working in a sweltering Farmington vineyard have agreed to a plea deal that likely will spare them a trial appearance and a lengthy jail sentence.
Maria De Los Angeles Colunga and Elias Armenta of Atwater-based Merced Farm Labor originally were charged with involuntary manslaughter in the death of Maria Isabel Vasquez Jimenez, 17. She fainted in her fiancé's arms after hours of work pruning wine grapes in 2008.
Their lawyer and prosecutors said Thursday they had reached an agreement for the pair to plea to lesser charges in early March, when the case is next set to go before San Joaquin County Superior Court Judge Michael Garrigan.

"There will be some guilty pleas, but the consequences will be bearable," defense attorney Randy Thomas said. "Enough time has elapsed and everyone needs to move along with their lives. My clients are very, very nice people and very remorseful."
Farmworkers and their advocates have cited Vas- quez Jimenez's death as they repeatedly have called for stricter enforcement of state regulations that require farms and contractors to give workers water and breaks, have shade available and have an emergency plan in place to help those suffering from heat exhaustion.
"I'm alarmed at the decision," Arturo Rodriguez, president of the United Farm Workers, said about the plea deal. "We feel strongly that these folks should go to jail and nothing short of that will satisfy us."
The rules enacted on an emergency basis in 2005 were intended to protect the hundreds of thousands of seasonal workers who pick and sort much of the nation's plums, peaches and other crops in the height of summer. California workplace safety officials voted last year to modify the rules in an attempt to strengthen and clarify protections for people who work outside.
Vasquez Jimenez's death brought on-farm working conditions in California — the first state to implement a heat-illness standard — to the political forefront.
Deputy District Attorney Lester Fleming agreed Thursday that the two sides had reached a deal, but described it differently.
Colunga is set to plead no contest to a misdemeanor count of failing to provide the teen with access to shade, he said.
Armenta, Colunga's brother and Merced Farm Labor's former safety coordinator, plans to plead no contest to a felony charge of failing to follow a safety regulation that resulted in a worker's death, which would have a maximum sentence of 60 days in jail, Fleming said.
"While they were intellectually aware of the dangers, I don't think anyone was taking the heat regulations very seriously because they were only implemented in 2005," Fleming said. "I think this is the best resolution we could hope for."
Raul Martinez, the former foreman and a third defendant, has failed to appear in court.
Merced Farm Labor was fined more than $262,000 and the state subsequently shut down the contractor, accusing its principals of failing to train employees for heat-related emergencies.
The company appealed, and the proceeding has been on hold until the criminal case concluded, said Dean Fryer, a spokesman for the California Division of Occupational Safety and Health.

Moscow airport terror attack kills 31, wounds 168

MOSCOW – A suicide bomber set off an explosion that ripped through Moscow's busiest airport on Monday, coating its international arrivals terminal in blood. The attack killed at least 31 people and wounded nearly 170, Russian officials said.
The terminal at Domodedovo Airport was engulfed by smoke and splattered with body parts after the mid-afternoon explosion that sprayed shrapnel, screws and ball bearings.
Amateur video posted on YouTube showed a pile of bodies on the floor, and other bodies scattered around. Luggage lay strewn across the ground and several small fires burned. A dazed man in a suit pushed a baggage cart through the carnage.
A man in blood-soaked clothes said he was just a few yards (meters) away from the explosion and thought he had been severely injured.
"The guy standing next to me was torn to pieces," said Artyom Zhilenkov, a 35-year-old driver. Doctors told him he had not sustained any injuries but he had been splattered by other victims' flesh and blood.
Investigative Committee spokesman Vladimir Markin said the bombing was most likely carried out by a suicide bomber and "attempts were being made to identify him." The Interfax news agency, citing law enforcement sources, said the head of the suspected bomber had been found.
President Dmitry Medvedev called it a terror attack and immediately ordered authorities to beef up security at Moscow's two other commercial airports and other key transport facilities. Medvedev postponed his own planned departure Tuesday for the World Economic Forum in Davos, Switzerland, where he was to give the opening address on Wednesday.

In Washington, President Barack Obama condemned the "outrageous act of terrorism" in Moscow and offered any assistance Russians investigators may want.
No one immediately claimed responsibility for the explosion, which occurred at 4:32 p.m. (1342GMT). Chechen militants have claimed responsibility for previous terror attacks in Moscow, including a double suicide bombing on the subway in March 2010 that killed 40 people and wounded more than 100.
Large-scale battles in Chechnya ended years ago, following two devastating wars between Russia and the republic's separatists, but Islamic militants have continued to carry out suicide bombings and other attacks. Most of the attacks have been in Chechnya and other predominantly Muslim provinces in the southern Caucasus region, but some have targeted Moscow, including its subways, buses and trains.
Monday's explosion is likely to renew security concerns as Russia prepares to hold major sports events including the 2014 Winter Olympics in Sochi and the 2018 World Cup.
Car rental agent Alexei Spiridonov, 25, was at his desk when the blast struck about 100 yards (meters) away.
"The explosion was so strong that it threw me against the wall," he told The Associated Press outside the airport. "People were panicking, rushing out of the hall or looking for their relatives. There were people just lying in blood."
Yelena Zatserkovnaya, a Lufthansa official, was a similar distance away. "There was lots of blood, severed legs flying around."
Airport workers used baggage trolleys to cart out the injured, she said.
Domodedovo Airport spokeswoman Yelena Galanova said 35 people were killed and scores were injured. The Emergencies Ministry, however, said 31 people were killed, 74 hospitalized with injuries and 94 were given medical treatment. The discrepancy could not immediately be explained.
Eurocontrol, the European air traffic control agency in Brussels, said Domodedovo was briefly closed to air traffic immediately after the blast, but soon reopened.
Sergei Lavochkin, who was waiting in the arrivals hall for a friend to arrive from Cuba, said passengers sprinted out of the terminal and emergency teams carried those unable to walk.
"I heard a loud bang, saw plastic panels falling down from the ceiling and heard people screaming. Then people started running away," Lavochkin told Rossiya 24 television.
Mark Green, a British Airways passenger who had just arrived, told BBC television he heard the huge explosion as he left the terminal.
"Literally, it shook you," he said. "A lot of alarms ... were going off and people started flowing out of the terminal, some of whom were covered in blood."
"One gentleman had a pair of jeans on that was ripped and his thigh from his groin to his knee was covered in blood," he added.
Green said thousands of people were in the terminal at the time of the blast.
Hours later, passengers arriving for their flights lined up outside waiting to pass through metal detectors that had been installed at all entrances. At least 20 ambulances and 10 fire trucks remained outside.
Built in 1964, Domodedovo is located 26 miles (42 kilometers) southeast of Moscow and is the largest of the three major airports that serve the Russian capital, handling over 22 million people last year. It is generally regarded as Moscow's most up-to-date airport, but its security procedures have been called into question.
In 2004, two suicide bombers were able to board planes at Domodedovo by buying tickets illegally from airport personnel. The female bombers blew themselves up in mid-air, killing all 90 people aboard the two flights.
Some 77 airlines now offer regular flights to Domodedovo, serving 241 international and national routes, according to airport's website.
The airport insists that security is one of its top priorities, claiming on its website that its "cutting-edge operations technology guarantees the safety of passengers' and guests' lives."
NATO Secretary-General Anders Fogh Rasmussen said he was "deeply disturbed" by the terror attack.
"I strongly condemn it," he said on Twitter. "NATO and Russia stand together in the fight against terrorism."
FIFA President Sepp Blatter was in St. Petersburg over the weekend to formally award Russia the 2018 World Cup. Prior to the signing, Prime Minister Vladimir Putin assured him that FIFA made the right choice.

FL DOT awards $2.19 million contract to repair bridge damaged Friday in fatal tanker crash.

Eastbound Beachline Reopens After Tanker Explosion @ Yahoo! Video

Construction to repair a BeachLine Expressway overpass damaged by a deadly tanker fire will cause headaches for motorists traveling between the Space Coast and downtown Orlando for nearly a month, officials said.

The Florida Department of Transportation awarded a construction contract todayto repair the bridge at North Courtenay Parkway in Merritt Island in 25 days.

FDOT spokesman Steve Olson said that Lane Construction beat two other bidders to win a $2.19 million contract for replacing both spans of an overpass along the BeachLine. The company pledged to have the thoroughfare ready for traffic in less than a month.

Construction began today on the charred roadway, where two drivers were killed Friday afternoon in an explosive crash involving a gas tanker and a pickup. Crews working on the round-the-clock project have to demolish and rebuild two support beams that were damaged, said FDOT engineer Frank O'Dea.

Painting contractor fined for diesel spill into Puget Sound last April

A painting contractor has been fined $1,600 for a small oil spill last April in Dash Point State Park.

The state Department of Ecology, which assessed the fine, also charged $10,345 for the state's costs in overseeing the spill response.

The diesel spill, which flowed through the park and into Puget Sound, caused the closure of day-use areas at the park in Federal Way.

Nearly 300 gallons of fuel flowed out of a tank owned by a painting contractor who was doing work for the Washington State Department of Transportation on a state highway bridge that crosses over the park, according to the state Department of Ecology.

The sheen — a thin coat of oil floating on the water — at one point covered a half-mile by half-mile area off shore, based on aerial views, officials estimated.

The tank where the spill occurred was owned by Long Painting, which cooperated in the spill cleanup, said the Department of Ecology. That involved the removal and replacement of 250 tons of potentially contaminated soil, asphalt, curbs and riprap. The company also restored natural vegetation along the creek.

Ecology investigators determined that vandalism to a pump on the tank caused the spill.

Dash Point State Park is a 398-acre camping park with 3,300 feet of saltwater shoreline on Puget Sound. The park offers an amphitheater and areas for mountain biking, bird watching and picnics, among other activities.

Long Painting can appeal the fine to the state Pollution Control Hearings Board.

2 companies fined over deaths OSHA accuses

Two northwest Ohio companies have been fined by the U.S. Occupational Safety and Health Administration for alleged safety violations that may have contributed to employee deaths. And two other area firms received fines above $50,000 for violations.

Charles Jones Produce LLC of Oak Harbor was fined $17,600 this month after one of the company's employees died in October, according to OSHA. The worker reportedly was struck and killed by a fork truck being driven by another employee. OSHA says the firm failed to ensure the truck driver's path was clear, among other violations.

Guardsmark LLC, a security services firm in Lima, was fined $18,900 last month after OSHA said it improperly modified an industrial truck used for security patrols. OSHA Area Director Jule Hovi said a death resulted from the alleged safety hazards, which took place in July, but she did not provide details of the accident.

Charles Jones Produce has scheduled a meeting for Tuesday with OSHA officials, while Guardsmark has not responded to the citation, Ms. Hovi said. Neither company could be reached for comment Friday.

Separately, Chase Brass & Copper Co. LLC in Montpelier was fined $57,600 this month for violations found in September during a routine inspection. The company allegedly did not properly protect employees from potential falls, breathing hazards, and cadmium exposure, among other citations. The company has not contacted OSHA, Ms. Hovi said.

In a statement, Chase Brass said, "We take worker health and safety very seriously and are working with OSHA to address these citations."

INEOS USA LLC, a chemical production facility in Lima, was fined $62,500 this month for reportedly failing to provide proper ventilation and exposing employees to explosion hazards, along with other alleged violations. Ms. Hovi said an inspection that took place in July stemmed from an employee complaint. The company has not contacted OSHA about the citations, she said. INEOS could not reached for comment Friday.

OSHA investigating accident at Good Samaritan

By Brian Slodysko

The U.S. Occupational Safety and Health Administration is investigating what caused Wednesday's accident at Advocate Good Samaritan Hospital in Downers Grove in which two workers were injured when a piece of equipment weighing at least 3,000 pounds came crashing down on them.

It is unknown when the investigation will be concluded or what the preliminary findings may be at this time, Kathy Webb, an OSHA area director based out of Aurora, said Friday.

Webb said an investigator was at the hospital on Thursday looking into the cause of the heavy equipment fall.

"We have a six-month statute of limitations on any investigation, but typically they don't take that long" to complete, Webb said.

Advocate Good Samaritan spokeswoman Jennifer Dooley said the hospital does not yet know what caused the accident, which occurred in a narrow maintenance corridor, but that information would "come out in due time."

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The hospital will implement any recommendations made by OSHA, Dooley aid.

The most severely injured of the two workers was still in fair condition at the hospital, she said. The other worker was treated and released after the accident. The hospital has declined to release the names of the two men, citing privacy concerns.

Both of the injured men were authorized to be in the corridor and were performing tasks related to their job at the time of the accident, she said.

According to Webb, Advocate Good Samaritan has two previous OSHA violations on record — one in 2002 and another dating back to 1993.

In 2002, Webb said, inspectors found there was either a blocked door or walkway, but her records weren't specific. She said the hospital was not fined.

In 1993, the hospital racked up five violations, including one in which inspectors found workers had been exposed to patients who potentially had tuberculosis and were not given an adequate number of respirators to protect themselves, Webb said.

EPA fines Usibelli coal mine $60,000 for CWA violations in Alaska

Source: U.S. Environmental Protection Energy

The U.S. Environmental Agency says Usibelli Coal Mine (UCM) in Alaska has agreed to pay a $60,000 penalty for violations against the Clean Water Act.

According to documents associated with the case, UCM had 11 unpermitted discharges into the Nenana River, Hoseanna Creek, Sanderson Creek, and Francis Creek between April 2007 and July 2010. During that time, they also had 10 violations of their discharge permit limits.

According to Edward Kowalski, Director of EPA’s Regional Office of Compliance and Enforcement, mining responsibly means paying attention and looking ahead to prevent future problems.

“Many of these discharges could have been minimized or avoided,” said EPA’s Kowalski. “By simply using and maintaining best management practices, we believe this penalty could have been avoided. Mining responsibly means making water quality protection a top priority.”

Sanderson Creek, Hoseanna Creek, Francis Creek, and nearby gravel ponds are all classified by the State of Alaska as suitable for use as water supply, water recreation, and growth and propagation of fish, shellfish, other aquatic life, and wildlife.

UCM has 30 days from the signature date to pay the fine and settle the case.

UCM is currently the only operational coal mine in Alaska, boasting an annual output of nearly 1.5 million tons. UCM supplies coal to six interior Alaskan power plants and exports to South Korea.

Challenger's Crew Remembered, 25 Years After Disaster

Friday morning at 9 a.m. EST, a memorial ceremony will be held at the Kennedy Space Center in Florida to honor the seven astronauts who died 25 years ago to the day aboard space shuttle Challenger. The ceremony by the Astronauts Memorial Foundation will remember all U.S. astronauts who have died during the history of the space program, including the three Apollo 1 crewmen who died Jan. 27, 1967, in a fire in their capsule during a test.

The Challenger disaster occurred only 73 seconds after the shuttle launched that morning with Mike Smith, Dick Scobee, Ron McNair, Ellison Onizuka, Christa McAuliffe, Greg Jarvis, and Judith Resnik aboard. An o-ring failure in the right solid rocket booster caused the explosion, with investigators determining that cold weather at launch was a contributing factor. But the federally appointed commission that investigated the loss also faulted NASA's "silent safety program," as the commission's report described it.

Its lengthy report said the Commission was "concerned about the symptoms that it sees. The unrelenting pressure to meet the demands of an accelerating flight schedule might have been adequately handled by NASA if it had insisted upon the exactingly thorough procedures that were its hallmark during the Apollo program. An extensive and redundant safety program comprising interdependent safety, reliability and quality assurance functions existed during and after the lunar program to discover any potential safety problems. Between that period and 1986, however, the program became ineffective. This loss of effectiveness seriously degraded the checks and balances essential for maintaining flight safety."

he commission cited April 3, 1986, testimony by space shuttle program manager Arnold Aldrich at a public hearing in Washington, D.C., where Aldrich described five communication or organization failures that affected the decision to launch the Challenger that day. "Four of those failures relate directly to faults within the safety program," the report stated. "These faults include a lack of problem reporting requirements, inadequate trend analysis, misrepresentation of criticality and lack of involvement in critical discussions. A properly staffed, supported, and robust safety organization might well have avoided these faults and thus eliminated the communication failures."

OSHA Fines Miami Lead Manufacturer $307,200 for Lead Exposure

OSHA has issued citations to Lead Enterprises Inc. in Miami, alleging that the company knowingly neglected to protect employees from lead exposure. The company is being cited with 32 safety and health violations and $307,200 in total proposed penalties.

"This company was well aware of what it needed to do to protect its workers from a well-known hazard but failed to provide that protection," said Assistant Secretary of Labor for OSHA Dr. David Michaels. "Lead exposure can cause many serious health issues including brain damage, kidney disease, and harm to the reproductive system. Such a blatant disregard for OSHA's lead standard is shameful and will not be tolerated."

Lead Enterprises is a lead recycling and manufacturing company that produces lead products, including fish tackle, lead diving weights, and lead-lined walls used in medical radiology facilities.

As a follow-up to a 2009 inspection, OSHA conducted a July 2010 inspection that resulted in four willful citations and proposed penalties of $224,000. The citations allege violations of OSHA's lead standard including exposing workers to lead above the permissible exposure limit; not providing engineering controls to reduce exposure; failure to perform ventilation measurements; failure to provide a clean change area; and failure to provide a suitable shower facility for workers exposed to lead above the permissible level. A willful violation exists when an employer has demonstrated either an intentional disregard for the requirements of the law or plain indifference to employee safety and health.

Additionally, 21 serious citations with proposed penalties of $70,400 allege that Lead Enterprises failed to perform an initial exposure determination for workers who clean the facility, to conduct quarterly monitoring, to notify workers of air monitoring results, to provide appropriate protective clothing, to maintain surfaces free from lead accumulation, to properly store oxygen and acetylene tanks in the facility, properly install production equipment, and to fix or remove defective forklift trucks. A serious citation is issued when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

"The management of Lead Enterprises acknowledged awareness of the OSHA lead standard and the dangers associated with lead exposure but continued to allow the hazard to exist, exposing employees to a serious health risk," said Darlene Fossum, OSHA's area director in Fort Lauderdale.

Three repeat citations with a proposed penalty of $11,200 have been issued, alleging that the company failed to cover electrical wires on a furnace fan motor and record injuries on the OSHA recordkeeping forms for 2008 and 2010. A repeat citation is issued when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years.

Two other-than-serious citations were issued with $1,600 in proposed penalties for failing to record instances of medical removal on OSHA 300 logs, and label containers that held lead-contaminated clothing. Two additional other-than-serious citations with no monetary penalties have been issued for failing to certify forklift operators and notify the laundering facility of lead exposure dangers.

In August 2010, OSHA issued citations to E.N. Range Inc. in Miami, a sister company of Lead Enterprises. E.N. Range is the primary lead supplier for Lead Enterprises, and both companies have the same owner. The company was cited for more than 50 violations of the lead and other standards, with total proposed penalties of $2,099,600. It is currently contesting the citations and penalties.

ST Aerospace facing possible FAA fine

The Federal Aviation Administration has proposed a civil penalty of $1 million against ST Aerospace San Antonio LP for failing to drug-test employees before allowing them to work on airplanes.
The San Antonio company is contesting the FAA’s allegations and planned fine.
The FAA is alleging that ST Aerospace San Antonio LP failed to conduct proper pre-employment screening before clearing 90 people to work on aircraft. This is a violation of U.S. Department of Transportation rules. The incidents occurred between March 24, 2007 and May 8, 2008, the FAA contends. In some cases, employees allegedly started working on planes before their drug test came back negative. Six of those workers took the test the day they were hired, the FAA claims.
ST Aerospace has 30 days from the receipt of the FAA notice to respond to the allegations.
ST Aerospace issued a statement Friday indicating that the company is aware of the allegations and had already addressed the issues back in 2008.
ST Aerospace officials contend that every employee cited by the FAA did pass their drug tests and the company now has controls in place to ensure that employees are properly screened before starting on the job.
ST Aerospace is owned by Singapore Technologies Aerospace Ltd. — which operates a global network of aircraft maintenance, repair and overhaul facilities. The company counts airlines, airfreight companies and the military as customers. The parent company has 8,000 employees worldwide.
For more information, visit these links.
• FAA
• ST Aerospace’s statement
• ST Aerospace Web site


Read more: ST Aerospace facing possible FAA fine | San Antonio Business Journal

Family files lawsuit in worker’s trash compactor death

Did a maintenance worker willfully enter a trash compactor, or did he fall in? That’s one question involved with a lawsuit filed by the worker’s children, alleging wrongful death.

Six months ago, we told you the story of John Adams, a maintenance worker at the One Niagara building in Niagara Falls, NY.

He’d been missing since July 4, and the building’s security video finally showed Adams either entering or falling into a trash compactor. His body was never recovered.

Now his family has filed a wrongful death lawsuit against the building’s owner and several companies that may have had a hand in manufacturing the compactor.

A safety device on the compactor should have prevented Adams from entering while it was running.

A lawyer for his family maintains there was some type of issue with the safety device.

The lawsuit contends the building owners failed to ensure the compactor was working properly and had an operational safety device to prevent employees from being injured.

One Niagara President Tony Farina denies all of the allegations in the lawsuit and calls Adams death “an accident.”

Whether Adams went into the compactor voluntarily or fell in remains a point of contention.

The lawsuit doesn’t name a specific monetary amount.

OSHA is still investigating the incident.

Univar to Acquire Turkish Distributor Eral-Protek

SOURCE Univar Inc.

BRUSSELS, Jan. 17, 2011 /PRNewswire/ -- Univar Inc., a leading global chemical distributor announced today it has signed an agreement to acquire leading Turkish chemical distributor, Eral-Protek. The deal is expected to close in February.

(Logo: http://photos.prnewswire.com/prnh/20100630/SF28924LOGO)

Istanbul-based Eral-Protek is one of the leading players in the region's mid-size chemical distribution sector and has a strong reputation with more than 25 years' experience in the Turkish market. The acquisition, together with the Istanbul and Izmir operations of Basic Chemical Solutions, L.L.C., whose global business was acquired by Univar in December, will immediately give Univar a solid local presence in the region.

Eral-Protek distributes a wide range of products, including a number of exclusive lines, and has a strong focus on specialty chemicals, which aligns with Univar's own specialty chemical offering. In particular it distributes into the rubber, coating, construction, plastic and composite industries.

Eral-Protek's highly skilled employees will be an asset to Univar. These include sales teams made up of trained chemical engineers and one of the best marketing teams in the industry in Turkey. This fits very well with Univar, whose strong sales and marketing teams complement chemical producers and create value for customers. Univar also provides technical expertise in application development, excellence in logistics support, and outstanding customer service to help its partners grow their business.

Turkey is an important market for Univar; its population of more than 77 million people and its strong economic growth present significant opportunities for the business. It is also an important logistical and cultural bridge between Univar's European activity and its growing Middle Eastern and African business.

Once the deal has been completed, Univar will focus on introducing new suppliers, products and services to this market, particularly in the coatings, personal care, food and pharmaceutical sectors.

"Eral-Protek is a very impressive company with a great reputation in the market. It has strong competencies in a variety of areas and works closely with customers to provide support and solve technical problems, very much in line with our approach at Univar," says John van Osch, President, Univar Europe, Middle East and Africa. "It is also very rigorous in terms of best practice and corporate governance which will facilitate integration into Univar."

"The chemical distribution sector in Turkey is very fragmented, leaving a clear opportunity for a distributor with truly international reach," explains Omer Aral, founder of Eral-Protek. "The business we have built in Turkey over the last 25 years will provide a very strong platform for Univar to expand its operation into the region. Their international capabilities and good standing in the market will create a very compelling proposition for customers across many sectors."

About Univar

Univar is one of the world's leading distributors of industrial and specialty chemicals. Univar represents over 2,500 chemical producers and provides its customer base, made up of 80,000 customers, with a full portfolio of products. Univar operates a network of 179 distribution facilities throughout North America, Europe, and China. In 2009, Univar reported sales of $7.2 billion. For more information, visit: www.univar.com.

Operating from 56 distribution centres in 25 countries across Europe, the Middle East, and Africa, Univar's 2,200 local employees serve more than 28,900 customers in a diverse range of industries including coatings, food, personal care, pharmaceuticals, and other major sectors. To learn more about Univar Europe, Middle East and Africa, please visit: www.univareurope.com.

About Eral-Protek

Eral A.S. and Protek A.S., are privately held by the same main shareholders and together form Eral-Protek, a leading chemical distributor in Turkey.

Eral was founded in 1986, followed by the foundation of Protek in 1994. Together they have built a strong team specialised in distribution into the rubber, paint, construction, plastic and composite industries. The companies operate from their Istanbul headquarters, distributing from three warehouses in the territory. To learn more about Eral-Protek, please visit: http://www.eral-protek.com

©2010 PR Newswire. All Rights Reserved.

Ancient Aliens Were Here: Giorgio A. Tsoukalos (Ancient Aliens Star) is set to have a Major Announcement on January 21, 2012

Ancient Aliens Were Here: Giorgio A. Tsoukalos (Ancient Aliens Star) is set to have a Major Announcement on January 21, 2012

Extremely high levels of toxic chemical in coal tar found in booming suburb

By Michael Hawthorne

If a company dumped the black goop behind a factory, it would violate all sorts of environmental laws and face an expensive hazardous-waste cleanup.

But playgrounds, parking lots and driveways in many communities are coated every spring and summer with coal tar, a toxic byproduct of steelmaking that contains high levels of chemicals linked to cancer and other health problems.

Nearly two decades after industry pressured the U.S. Environmental Protection Agency to exempt coal tar-based pavement sealants from anti-pollution laws, a growing number of government and academic studies are questioning the safety of the widely used products. Research shows that the tar steadily wears off and crumbles into contaminated dust that is tracked into houses and washed into lakes.

In Lake in the Hills, a fast-growing McHenry County suburb about 50 miles northwest of Chicago, researchers from the U.S. Geological Survey found that driveway dust was contaminated with extremely high levels of benzo(a)pyrene, one of the most toxic chemicals in coal tar. The amount was 5,300 times higher than the level that triggers an EPA Superfund cleanup at polluted industrial sites.

High levels also were detected in dust collected from parking lots and driveways in Austin, Texas; Detroit; Minneapolis; New Haven, Conn., and suburban Washington, D.C. By contrast, dramatically lower levels were found in Portland, Ore.; Salt Lake City and Seattle, Western cities where pavement sealants tend to be made with asphalt instead of coal tar.

The findings raise new concerns about potential health threats to people and aquatic life that went undetected for years.

"This is a real eye-opener, even for scientists who work frequently with these chemicals," said Barbara Mahler, a USGS researcher involved in the studies. "Such high concentrations usually are found at Superfund sites, but this could be your church parking lot or your school playground or even your own driveway."

About 85 million gallons of coal tar-based sealants are sold in the United States each year, according to industry estimates. There are no comprehensive figures on where it is applied, but in Lake in the Hills, researchers determined that 89 percent of the driveways are covered in coal tar.

Manufacturers promote the sealants as a way to extend the life of asphalt and brighten it every few years with a fresh black sheen. Contractors spread a mixture of coal tar, water and clay using squeegee machines and spray wands, or homeowners can do it themselves with 5-gallon buckets bought at hardware stores.

The makers of coal tar sealants acknowledge that the products contain high levels of benzo(a)pyrene and other toxic chemicals known collectively as polycyclic aromatic hydrocarbons, or PAHs. But they deny their products are responsible for the chemical contamination found in government studies, saying it could be coming from vehicle exhaust or factory emissions that travel long distances and eventually settle back to earth.

As more research identifies coal tar sealants as a top source of PAH-contaminated driveway dust and lake sediment, manufacturers have started to fund their own research to question the findings. Lobbyists also are offering contractors free admission to an upcoming seminar that promises to show them ways to "protect the industry," including a promotional DVD they can use to "help market sealcoating to your customers."

"Nobody in our industry wants to hurt anybody," said Anne LeHuray, executive director of the Pavement Coatings Technology Council, an industry trade group. "The science is still evolving. If our products are a source, they are a very localized source."

The supply chain for the sealants begins at about two dozen factories, most of them around the Great Lakes or in western Pennsylvania, that bake coal into high-energy coke used in steel production. Companies figured out a century ago that much of the waste could be refined and sold to make other products, and they started adding it to pavement sealants after World War II.

One of the biggest suppliers is Koppers, a Pittsburgh-based company that processes coal tar at a plant in west suburban Stickney. The plant made about a third of the nation's refined coal tar in 2007, most of it used in aluminum production, according to an industry slide presentation. A company spokesman declined to comment.

Coal tar remains in widespread use even though its dangers have been known for centuries. During the late 1700s, many chimney sweeps exposed to tar in coal-heated London developed scrotal cancer, and decades later doctors determined that workers who coated railroad ties with tar-based creosote had high rates of skin cancer.

More recently, federal and state officials have prosecuted dozens of companies for illegally dumping coal tar and fouling neighboring areas with PAHs. At least 40 percent of the polluted industrial sites on the EPA's Superfund cleanup list have problems with PAH contamination, as do scores of other sites that haven't made the list.

Major cleanups in the Chicago area include a site in west suburban Oak Park, where a factory that turned coal into natural gas during the late 1800s dumped coal tar on property that later became a village park. Utilities spent at least $50 million digging 40 feet down into Barrie Park during the mid-2000s to haul out more than 300,000 tons of contaminated soil.

In 2007, the U.S. EPA ordered a company to dig up the yards of more than three dozen homes in Chicago's Little Village neighborhood where coal tar had oozed from an abandoned roofing plant nearby. The agency also urged residents to prevent their children from playing in dirt around their houses and to avoid gardening.

The amount of PAHs that triggered the Oak Park and Little Village cleanups was substantially lower than what researchers found in driveway dust in Lake in the Hills — 0.3 and 10 parts per million, respectively, compared with up to 9,600 parts per million.

Despite the EPA's long-standing worries about the chemicals, industry successfully lobbied to exempt coal tar pavement sealants when the agency tightened hazardous-waste rules for coke ovens during the early 1990s. The little-noticed change made it easier for manufacturers to keep selling the products, which can contain as much as 50 percent PAHs by weight.

Agency spokesmen declined to make anyone available to discuss the exemption, but said in a statement there are no plans to revise it. "EPA regulations allow for the legitimate recycling of coal tar under certain specified parameters," the statement said.

Scientists started to track the movement of coal tar sealants into homes and lakes about a decade ago, after pinpointing the source of alarmingly high levels of PAHs in Barton Springs, a popular swimming hole in Austin, the Texas capital. Tom Bashara, an environmental investigator, noticed that pollution hotspots in a creek flowing into the pool were near parking lots coated with coal tar.

The finding led Mahler and her colleagues at a USGS center in Austin to expand the research to other communities around the nation, including Lake in the Hills, where the number of households more than quadrupled between 1990 and 2006.

Among other things, they found rising amounts of PAHs in the sediment of lakes where coal tar sealants are commonly used, but dramatically lower amounts in areas where asphalt-based sealants are preferred.

In Austin, the scientists also found that dust inside apartments next to parking lots coated with coal tar was 25 times more contaminated than the dust in units next to lots coated with asphalt or left unsealed. Young children could be the most vulnerable to exposure, the researchers concluded, because they play on or near floors where dust collects.

After industry lawyers challenged the findings, arguing that other sources were to blame, the USGS scientists published another peer-reviewed study late last year that traced the contamination back to coal tar sealants.

By analyzing several feet of sediment, they determined that concentrations in the biggest lake in Lake in the Hills, known as Woods Creek Lake, didn't begin to spike until the area was more intensely paved with parking lots and driveways in the early 1990s. They spotted similar trends in other cities, including Orlando, Fla., and suburban Washington.

"You just don't otherwise see these kinds of concentrations in a typical urban, residential environment," said Peter Van Metre, another USGS scientist working on the research.

Coal tar sealants have been banned in Austin; Dane County, Wis.; Washington, D.C., and several Minnesota cities. Home Depot and Lowe's have pulled coal tar-based sealants from their shelves, though they remain widely available elsewhere.

In Lake in the Hills, officials posted a one-page brochure at Village Hall outlining the difference between coal tar- and asphalt-based sealants. The village stopped using coal tar sealants on its own property but declined to ban them outright.

"We've already solved the problem," said Gerald Sagona, the village administrator.

PAHs are of particular concern because they don't break down easily. The USGS found that although concentrations of banned chemicals like DDT and PCBs are slowly declining in the environment, levels of PAHs are increasing.

"There is a very clear connection between the use of these sealants and high levels of contamination downstream," said Alison Watts, a University of New Hampshire researcher whose own studies tracked PAH-contaminated runoff from parking lots. "The problem isn't going to go away if you keep putting this stuff down every three years."

Ohio Construction Accident: Worker killed in fall at Highland Hills-area college

By Nicole Howley

Highland Hills, OH—A construction worker fatally fell three stores at Cuyahoga Community College Eastern Campus in Highland Hills. The construction accident happened while the man was working on a building at the community college just before 9 a.m., on Monday, January 17, 2011, as reported by FOX8.

The Cuyahoga County Coroner’s office reported that construction worker Craig Macoviak, 45, of Broadview Heights, was working in a bucket lift when he suddenly fell three stories. It was not reported what caused Macoviak to fall, but he was reportedly working with a crew who were tearing down a section of an on-campus building.

Responding emergency medical crews rushed Macoviak from the scene of the accident to South Pointe Hospital for treatment. Doctors later pronounced him dead.
A construction company unaffiliated with the college employed Macoviak.
A full investigation is underway. The U.S. Occupational Safety and Health Administration (OSHA) are expected to investigate the fatal construction accident.

Family Remembers Man Killed in Freak Construction Accident

By TUQUYEN MACH

RINCON, Ga. -- The family of a man killed in a freak accident while on the job is remembering him and pledging to carry on his mission work in Haiti.

Gregg Royer was working on Hutchinson Island Friday when a pylon when fell from a Volvo excavator and struck him. The blow knocked Royer into the Savannah River and killed him. A second man, John Pugh, was seriously injured.

Royer was working to finish a church and school at the Foundling House Mission in Haiti, a charity to which his aunt Austine Smith introduced him 15 years ago. Now she is dealing with the pain of his loss as she tries to complete the projects he started to help those in need.

"He said, 'This is all I want to do the rest of my life, that's all I ask for.' For the rest of my life... and he didn't know he didn't have but 4 more days after he told me that," said Smith Monday as she sat in her Rincon home.

She said the passion Gregg had for helping the people of Haiti was the reason he took the job where he lost his life.

"Not for himself but to raise the funds to finish his church and school in Haiti," she said.

News 3 last talked to both of them March 3, 2010, as they were getting ready to go to Haiti after the earthquake.

"I don't know if you're going to be prepared for something like that, for the devastation that you'll see," he said in an interview.

Smith said the Haitian children at their clinic always flocked to Gregg.

"It was just like he was drawing those kids to him. They would take the medicine for him that they wouldn't take for anybody else," she said.

Smith described her favorite picture of Gregg -- in it he holds a baby he helped deliver after staying with the mother through six hours of labor.

She said he dreamed constantly of finishing his projects and helping the next generation of Haitians have a brighter future.

"He said, 'I'm going to teach those boys how to be good men,' and he had hopes. He had high hopes."

Smith said her nephew was planning to go back to Haiti with her in March, hopefully to put a roof on the church and build more classrooms. They plan to name the buildings after him.

The family is planning a memorial service on Saturday.

Beef patties recalled due to Listeria concerns

The Associated Press

VERNON, Calif.—A Southern California supplier is recalling approximately 7,875 pounds of ready-to-eat Angus Beef patties that may be contaminated with the Listeria bacterium.
The U.S. Department of Agriculture's Food Safety and Inspection Service announced the recall Tuesday.
The products affected are 22.5-pound cases of fully-cooked black Angus ground beef steak patties from United Food Group. The cases contain 75 individual patties and were sold to institutional customers only in California.
During a year-end inventory, the Vernon-based company discovered that the product was accidentally shipped when it was supposed to be held in a warehouse.
Federal officials and the company have received no reports of illnesses associated with the product.
Listeria monocytogenes can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems.

Feds say Range Resources hasn't complied with EPA order

BY JACK Z. SMITH

The U.S. Justice Department filed a complaint Tuesday in a Dallas federal court against Range Resources, contending that the Fort Worth-based natural gas producer failed to comply with all of an emergency order the Environmental Protection Agency issued Dec. 7 in connection with methane contamination of two Parker County water wells.
The DOJ filing seeks enforcement of the order, which the EPA issued after investigating complaints from residents that their water wells were contaminated by methane, the chief component of natural gas. EPA maintains that Range gas wells nearby caused or contributed to the contamination, a charge Range denies. The complaint asks the Dallas court to direct Range to comply and pay a civil penalty up to $16,500 per day.
The DOJ complaint says that, "while Range offered to provide two affected residences alternative drinking water and installed explosivity meters in their homes, it has failed to comply with other requirements to conduct surveys of private and public water wells in the vicinity, to submit plans for field testing and to submit plans to study how the methane and other contaminants may have migrated from the production wells."

OSHA Names New Construction Directorate Leader

Jim Maddux is the new director of OSHA’s Directorate of Construction. Maddux most recently served in the Directorate of Standards and Guidance as Director of the Office of Physical Hazards and Acting Director of the Office of Engineering Safety.

Maddux began his career with OSHA in 1990 as a statistician. He has been a project director, author, and contributor to numerous standards and guidance projects, including the payment for PPE standard, recordkeeping regulations, and ergonomics guidelines.

Agency Head Dr. David Michaels said Maddux has been “a valuable member of the OSHA team for over 20 years.”

Due to repeat violations, Gerardi Sewer & Water Co to provide a monthly report to OSHA

"This is only the second time that the department has invoked the statutory authority to order 'other appropriate relief,'" said Solicitor of Labor M. Patricia Smith. "All available legal tools will be used where necessary to protect workers from future harm."

In an unusual move, the U.S. Labor Department is seeking an administrative court order requiring Gerardi Sewer & Water Co., a Norridge, Ill.-based contractor, to provide a monthly report to OSHA of its work locations, permit unannounced job site audits by qualified independent consultants, and train workers annually on cave-in protection for the next two years. OSHA's assistant secretary, Dr. David Michaels, said, "The company's severe violator history has led us to seek this order to ensure that these work sites are safe for employees. Cave-ins are the leading cause of death in trenching operations, and Gerardi Sewer & Water Co. has demonstrated a history of blatant disregard for worker safety."

The department filed an administrative complaint with the Occupational Safety and Health Review Commission after Gerardi Sewer & Water contested 13 citations and $360,000 in penalties issued Dec. 17, 2010, by OSHA. DOL asked the commission to uphold the cited violations and penalties and also issue an order for additional compliance requirements to ensure the safety of workers on future job sites.

The citations allege the company did not protect workers from cave-ins during trenching operations noted in four separate inspections conducted in 2010 as part of OSHA's Trenching and Excavation Special Emphasis Program. The citations are for work done in Elmhurst, Park Ridge, Oak Lawn, and Des Plaines, Ill..

"This is only the second time that the department has invoked the statutory authority to order 'other appropriate relief,'" said Solicitor of Labor M. Patricia Smith. "All available legal tools will be used where necessary to protect workers from future harm."

OSHA says the citations meet the requirements of its Severe Violator Enforcement Program, which is intended to focus enforcement resources on "employers with a history of safety violations that endanger workers by demonstrating indifference to their responsibilities under the law." SVEP dictates follow-up inspections and inspections by OSHA of other work sites of the same employer where similar hazards and deficiencies may be present.

OSHA Investigates Nevada’s Handling of Hotel’s Asbestos Violations

The US Occupational Safety and Health Administration (OSHA) is examining whether Nevada regulators went too easy on the Flamingo Las Vegas, a mega hotel in the gambling mecca, after serious asbestos violations were discovered there.
Officials with OSHA, the federal government’s workplace safety agency, notified Nevada OSHA in late November that it would be looking into Nevada’s 2007 investigation in the asbestos case.
What isn’t in dispute: Renovation work at the hotel resulted in asbestos exposure for workers and possibly guests - potentially putting them at risk for asbestos-related diseases like lung cancer and mesothelioma.
The federal probe was triggered by a complaint from Chuck Gillenwater, a carpenter who worked at the Flamingo in 2007. Gillenwater alleges that Nevada OSHA understated the extent of the Flamingo’s asbestos contamination, even though the agency upheld three safety violations.
Previously, the hotel’s sister property, Harrah’s Las Vegas, had been cited for similar asbestos violations -14 counts, grouped into four violations-during its own renovation work.
Long a popular building material because of its heat- and fire-resistant qualities, asbestos has been linked scientifically to a range of deadly diseases, notably mesothelioma, an aggressive and incurable cancer that strikes the protective lining covering many of the body’s internal organs.
Mesothelioma can take decades to develop, but once diagnosed, the disease carries a grim prognosis. While mesothelioma lawyers have won many large settlements and verdicts-often in the millions of dollars-against those who have improperly used, sold or handled the material, or failed to warn or protect others, mesothelioma researchers still struggle to beat back the disease.
Renovation work, in particular, presents serious asbestos dangers, because the material can easily be disturbed and released into the air. Airborne asbestos fibers inhaled into the lungs can trigger mesothelioma and other asbestos-related diseases years after exposure.
Records show that even Nevada OSHA, in its investigation of the 2007 Flamingo work, focused on the release of “friable”- or easily crumbled-asbestos fibers into the air when workers handled pipes in guest room ceilings.
While federal and state laws have been enacted to regulate the handling of asbestos-and provide a strict regime of procedures to follow during renovation and demolition work involving asbestos-following these rules is often costly, and contractors and building owners often evade them. The consequences can be grave: not just penalties for the offenders, but a heightened risk of mesothelioma and other diseases for workers and others who come in contact with asbestos fibers.
Mesothelioma lawyers note regulators taking an increasingly hard line when it comes to enforcement, at times even bringing criminal charges carrying jail time against violators. But they point out, too, that asbestos violations continue to occur at a discouraging and dangerous pace.
Gillenwater has two main contentions. First, he alleges that workers also released non-crumbling asbestos into the air by breaking down asbestos-containing wallboard between guest rooms-something state investigators did not address in 2007. A fellow worker concurred with Gillenwater, claiming that the demolition crew used sledgehammers to destroy the walls and that the activity created dust “like a fog where you couldn’t sometimes see the end of the hallway.” The second worker also claims that managers on the site initially gave workers only basic dust masks to wear and provided better gear only after yet another worker complained to Nevada OSHA.
Second, Gillenwater contends that workers spread asbestos fibers outside the hotel’s containment zones by hauling demolition debris through the building and out to Dumpsters. An OSHA summary of the complaint notes that “asbestos-containing materials (were) tracked into the employee dining area, kitchen bakery area and elevators.” Thus, hotel maids, room service staff and possibly guests may also have been exposed to asbestos fibers.
Federal regulators have focused on Nevada OSHA before. After 2009 congressional hearings examining a series of southern Nevada workplace deaths, including those resulting from hotel construction accidents, the federal OSHA opened a branch office in the state. Mesothelioma lawyers say the actions of federal and state officials in this case demonstrate how far asbestos regulation and enforcement has come-and how far it still has to go.
*This news story was brought to you by the mesothelioma lawyers at Cooney & Conway. For more than half a century, we have been advocates for those injured due to the wrongful actions of others. We have litigated and resolved some of the nation’s most significant asbestos lawsuits, bringing justice-and financial compensation-to victims of asbestos exposure and the lung cancer, mesothelioma and other deadly diseases it can cause.

OSHA withdraws proposed interpretation of occupational noise

The U.S. Department of Labor’s Occupational Safety and Health Administration on January 19 announced that it is withdrawing its proposed interpretation titled “Interpretation of OSHA’s Provisions for Feasible Administrative or Engineering Controls of Occupational Noise.” The interpretation would have clarified the term “feasible administrative or engineering controls” as used in OSHA’s noise standard. The proposed interpretation was published in the Federal Register on October 19, 2010.

“Hearing loss caused by excessive noise levels remains a serious occupational health problem in this country,” said Dr. David Michaels, assistant secretary of labor for occupational safety and health. “However, it is clear from the concerns raised about this proposal that addressing this problem requires much more public outreach and many more resources than we had originally anticipated. We are sensitive to the possible costs associated with improving worker protection and have decided to suspend work on this proposed modification while we study other approaches to abating workplace noise hazards.”

Michaels met earlier this month with the offices of Sen. Olympia Snowe and Sen. Joseph Lieberman, members of the Senate Committee on Small Business and Entrepreneurship, in response to a letter from the senators. Sens. Snowe and Lieberman are also co-chairs of the Senate Task Force on Manufacturing.

Thousands of workers every year continue to suffer from preventable hearing loss due to high workplace noise levels. Since 2004, the Bureau of Labor Statistics has reported that nearly 125,000 workers have suffered significant, permanent hearing loss. In 2008 alone, BLS reported more than 22,000 hearing loss cases, and Michaels emphasized that OSHA remains committed to finding ways to reduce this toll.

As part of this effort, the agency will:

Conduct a thorough review of comments that have been submitted in response to the Federal Register notice and of any other information it receives on this issue.
Hold a stakeholder meeting on preventing occupational hearing loss to elicit the views of employers, workers, and noise control and public health professionals.
Consult with experts from the National Institute for Occupational Safety and Health, and the National Academy of Engineering.
Initiate a robust outreach and compliance assistance effort to provide enhanced technical information and guidance on the many inexpensive, effective engineering controls for dangerous noise levels.
For small businesses, OSHA’s On-site Consultation Program offers free and confidential advice on health and safety solutions with priority given to high-hazard worksites. Through this program, small and medium-sized employers can obtain free advice on addressing noise hazards. On-site consultation services exist in every state, and they are independent from OSHA’s enforcement efforts. On-site Consultation Program consultants, employed by state agencies or universities, work with employers to identify workplace hazards, provide advice on compliance with OSHA standards, and assist in establishing safety and health management systems.

Fatal Philly Gas Explosion Caught On Tape

Three people remain in critical condition after a gas main explosion that killed one utility worker and forced dozens from their homes in Philadelphia.

A spokeswoman says three patients are in critical condition in the Temple University Hospital burn unit Wednesday morning following the explosion in the city's Tacony neighborhood. Spokeswoman Rebecca Harmon says one other patient was treated and released.


Among the injured were four Philadelphia Gas Works employees and a firefighter. The Fire Department's communications center says the injured firefighter is in stable condition.

Firefighters battled the blaze for about three hours Tuesday evening. Crews from PGW had been dispatched to the scene to investigate reports of a gas odor when the blast occurred.

PGW says it's unclear what sparked the explosion.

Copyright 2011 The Associated Press.

Expect increased regulatory enforcement under the Obama administration

Seyfarth Shaw LLP

Last week, OMB Watch, a nonprofit research and advocacy organization, issued a report evaluating the Obama administration’s regulatory enforcement record in three key areas: environment, worker health and safety, and consumer health and safety. This alert summarizes some of the report’s most important findings.

The Environment

The Environmental Protection Agency’s (EPA’s) enforcement agenda under the Obama administration has focused on clean water issues. In October 2009, the EPA released the Clean Water Act Action Plan, in which it pledged to improve enforcement and to focus on major threats and major violators. Among the new focus areas are “non-point” water pollution sources, with concentrated animal feeding operations (CAFOs) being central to the aim. The Agency has already taken action against several CAFOs by forcing them to apply for discharge permits or fining them for violating existing permits.

Though the Obama administration has opened approximately the same number of clean water enforcement actions as Bush’s early administration did, Obama’s EPA has been more aggressive. In the first 18 months of Obama taking office, the EPA closed 95% of its actions, taking on average nine days to complete each one. The EPA under Bush’s first 18 months, however, closed only 87% of its actions, taking on average 26 days to complete each one. Obama’s EPA so far has issued penalties at a slightly lower rate than Bush’s did in its first 18 months (43 % compared to $46%) but the average penalty has been significantly higher under Obama ($13,135 compared to $9,962, a 32% increase).

Clean Air Act (CAA) enforcement has been more aggressive under Obama. In the administration’s first 18 months, the EPA opened 795 actions and concluded 99% of them, taking on average only 5 days to complete each one. During the same time frame of Bush’s administration, the EPA opened 658 actions and concluded 86%, taking on average 27 days to complete each one. Obama’s EPA has issued CAA penalties in a higher percentage of actions than Bush’s EPA (65% compared to 30%) but the penalty amount has been significantly lower under Obama, at $15,688 on average compared to Bush’s $28,666.

The Obama administrations EPA has also increased enforcement under the Resource Conservation and Recovery Act (RCRA). In the first 18 months of Obama’s EPA, the Agency opened 709 enforcement cases compared to only 473 in the first 18 months of Bush’s EPA. The completion rate under Obama has also been higher (96% compared to 78%) and the time to complete each action has been shorter (6 days on average compared to 37 days on average). Penalties, however, have been lower in Obama’s first 18 months than they were under Bush’s first 18 months ($15, 769 on average compared to $17, 693).

Worker Health and Safety Enforcement

The Occupational Safety and Health Administration (OSHA) has begun to target high-risk sectors and individual workplaces with historically poor health and safety records. In March 2010, OSHA sent letters to 15,000 workplaces with injury and illness rates above the national average. The letters offered assistance in improving workplace conditions and warned that targeted inspections may be forthcoming. OSHA also rolled out its Severe Violator Enforcement Program in April 2010, under which OSHA will increase inspections at workplaces with poor compliance records and pursue higher penalties for violators. Under the Obama administration, OSHA has placed a decreasing emphasis on voluntary compliance and compliance assistance.

The OSHA budget under Obama has grown significantly. The 2010 budget was $45 million more than the previous year, and Obama requested $14 million more for 2011. The bulk of the budget is designated for federal enforcement; the Agency expects to add 160 inspectors and other employees to its enforcement division. This increase may translate to an increased level of inspection activity, but so far Obama’s OSHA has not done significantly more inspections per year than Bush’s OSHA did. Citations, however, have increased dramatically under Obama. Between January 2009 to January 2010, federal and state OSHA programs handed out over 68,000 citations for violations, which is a 167% increase from the year prior. In the first half of 2010 alone, OSHA exceeded that number and issued 113,970.

The Mine Safety and Health Administration (MSHA) has begun to tighten mine safety enforcement policy in the wake of the Upper Big Branch coal mine explosion earlier this year. Obama increased enforcement at mines with poor safety records and issued 2,660 violations after inspecting 111 coal, metal, and nonmetal mines.

Consumer Health and Safety

Product labeling has been a high priority at the FTC and the FDA. In September 2010, the FTC filed a complaint against Pom Wonderful for unsubstantiated and misleading health claims about its pomegranate juice. The Agency has also proposed rules that would restrict the use of “environmentally friendly” product claims. At the FDA, increased use of warning letters has become part of a heightened enforcement effort. Earlier this year, the FDA sent warning letters to 17 companies, informing them that they were violating federal law by making misleading or false health claims. Targeted foods include teas, nuts, cereals, and olive oil. The FDA warned that if the companies didn’t fix the mislabeling, further action could result.

What This Means for Industry

Given the Obama administration’s enforcement record in the past 18 months and signs of even more aggressive enforcement in the coming years, industry should stay abreast of regulatory changes and be diligent in compliance efforts.

Texting while driving is now officially a violation of OSHA standards

Hunton & Williams LLP

Recently, there has been a large amount of public commentary regarding the dangers of distracted driving, including texting while driving. The Occupational Safety and Health Administration (OSHA), which regulates workplace safety, has now officially declared texting while driving to be a workplace hazard and an OSHA violation. In its recent open letter to employers, OSHA explained that:

It is [the employer’s] responsibility and legal obligation to create and maintain a safe and healthful workplace, and that would include having a clear, unequivocal and enforced policy against the hazard of texting while driving. Companies are in violation of [OSHA] if, by policy or practice, they require texting while driving, or create incentives that encourage or condone it, or they structure work so that texting is a practical necessity for workers to carry out their job.

The Department of Labor and the Department of Transportation are partnering with OSHA in its distracted driving initiative. These government agencies are initiating public awareness campaigns on the issue of distracted driving.

Additionally, more than half of the states have enacted laws against distracted driving beyond the traditional “workplace.” For example, most states prohibit drivers from texting while driving regardless of whether their vehicle is used for business or not. Eight states, including California and New York, prohibit drivers from using handheld cell phones while driving and authorize an officer to cite a driver for a violation without the requirement that any other traffic offense take place. Thirty more states ban text messaging while driving. A complete listing of current state laws on cell phone use and texting while driving can be found on the Governors Highway Safety Association’s website or the National Conference of State Legislatures’ website.

While OSHA’s distracted driving initiative is designed to address workplace safety concerns, it is clear that lawmakers and government agencies are focused on ending distracted driving. OSHA warns employers that it will investigate complaints that an employer requires or encourages texting while driving and will impose penalties for those employers who fail to comply with its guidelines.

In view of OSHA’s declaration, employers should consider issuing and enforcing a distracted driving policy that clearly prohibits the use of text, email or any handheld communication device while operating a company vehicle or driving a personal vehicle for business use.

EH & S funny of the Week

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The Illinois Department of Labor (IDOL) to host a seminar on labor laws

Olney, Ill. — The Illinois Department of Labor (IDOL) will host an informational seminar “Lunch with Labor” in Olney from 10 a.m.-2 p.m. January 20 at the Holiday Motel & Restaurant, 1300 S. West St., in Olney. (at the junction of Highway 50 and Route 130).

The statewide outreach series will include representatives from IDOL and US Department of Labor (USDOL) who will discuss the Illinois State Plan and the new Occupational Safety Health Act (OSHA) standards, safety and health requirements, Prevailing Wage Act, minimum wage and Victims’ Economic Security and Safety Act (VESSA).

Lunch will be provided for a fee per person.

To RSVP for the seminar or for further information, contact Carmen Shipley at Carmen Shipley at Carmen.E.Shipley@llinois.gov or by phone at (217) 782-9386 .

Contractor Cited For Labor Violations At Midtown Mall

By Darren Dodge

Binghamton, NY (WBNG Binghamton) The contractor who had been doing renovation work at the former Midtown Mall has been cited for labor violations.
The Occupational Safety and Health Administration (OSHA) fined demolition Contractor M.J. Scoville $52,500 for 2 willful and 7 serious violations.

OSHA says Scoville exposed workers to fall and lead hazards.
The former Midtown Mall burned down just 4 weeks ago.
The OSHA report says at the 83 Court Street site, inspectors found employees were exposed to potential falls of up to 40 feet as they tore down walls when working on the 4th floor elevator shaft and 14 foot falls from an unguarded scaffold.
The OSHA investigation also found Scoville failed to perform personal air monitoring to track lead exposure levels for demolition workers.
M.J. Scoville has 15 business days to respond to the citations and proposed penalties.
It must comply with OSHA regulations by then, and can also contest the citations.
83 Court Street is the former Midtown Mall, which was being gutted to turn into student housing.
It was burned badly in a fire the week before Christmas.
No cause has been found.

A long term study of pulmonary function among US refractory ceramic fibre workers

Roy T McKay, Department of Environmental Health, ML 0056, University of Cincinnati College of Medicine, Cincinnati, OH 45267-0056, USA; roy.mckay@uc.edu

Accepted 6 January 2010

Published Online First 25 August 2010

Abstract
Background Cross-sectional studies have shown declines in lung function among refractory ceramic fibre (RCF) workers with increasing fibre exposure. This study followed current and former workers (n=1396) for up to 17 years and collected 5243 pulmonary function tests.

Methods
Cumulative fibre exposure and production years were categorised into exposure levels at five manufacturing locations. Conventional longitudinal models did not adequately partition age-related changes from other time-dependent variables. Therefore, a restricted cubic spline model was developed to account for the non-linear decline with age.

Results
Cumulative fibre >60 fibre-months/cc showed a significant loss in lung function at the first test. When results were examined longitudinally, cumulative exposure was confounded with age as workers with the highest cumulative exposure were generally older. A longitudinal model adjusted by age groups was implemented to control for this confounding. No consistent longitudinal loss in lung function was observed with RCF exposure. Smoking, initial weight and weight increase were significant factors.

Conclusion
No consistent decline was observed longitudinally with exposure to RCF, although cross-sectional and longitudinal findings were discordant. Confounding and accelerated lung function declines with ageing and the correlation of multiple time-dependent variables should be considered in order to minimise error and maximise precision. An innovative statistical methodology for these types of data is described.