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

javascript:void(0)

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.