Archive for the ‘OSHA’ Category

USW and Materion Brush Urge OSHA to Set New Safety Standard for Beryllium Exposure

Wednesday, February 15th, 2012

From thepumphandle.com:

The world’s largest producer and supplier of beryllium and workers exposed to the highly toxic mineral decided not to wait any longer for federal OSHA to draft a proposed worker safety rule on the hazard. Last week, the United Steelworkers International Union and Materion Brush (the only U.S. manufacturer) sent the complete text of a draft regulation to the head of Labor Department’s Occupational Health and Safety Administration (OSHA). Individuals exposed to the metal may become immunologically sensitized to it, and develop a unique disabling, chronic lung disease. Beryllium is also associated with lung cancer. The super resilient and lightweight metal is used principally in the aerospace industry and national defense, but has also found its way into consumer product applications.

To find out more, click here.

 

Department of Labor Regulatory Agenda

Monday, February 6th, 2012

By Celeste Monforton

The Republicans’ mantra about the burden of regulations seems to have cast a spell on the Obama Administration’s attitude about promoting new regulatory initiatives. My observations about this were reinforced this week when I read the Administration’s statement accompanying its Fall 2011 regulatory plan. The message is clear: new regulations and an election year don’t mix.

The tone of this new Obama Administration regulatory statement oozes caution. Let’s set aside the fact that this “Fall 2011″ regulatory plan was not released at all in the autumn, but on January 20, 2012. It seems the Obama White House wants to steal ammunition from those who claim there are too many new regulations in the pipeline, and also dampen the expectations of those who expected this Administration to aggressively implement more robust public protection rules.

Read more at the pumphandle.com

OSHA Battling Healthcare Injuries

Thursday, November 10th, 2011

OSHA is launching to help prevent workplace injuries within the healthcare industry.

From ASC:

The U.S. Department of Labor’s Bureau of Labor Statistics released a report on nonfatal occupational injuries and illnesses requiring days away from work in 2010. The incidence rate for healthcare support workers increased 6 percent to 283 cases per 10,000 full-time workers. This increase is more than twice the rate for all private and public sector workers at 118 cases per 10,000 full-time workers.

OSHA is responding by launching a National Emphasis Program on Nursing Home and Residential Care Facilities in the next few months. Through the initiative, OSHA plans to increase inspections, focusing on back injuries from resident handling or lifting patients; exposure to bloodborne pathogens and other infectious diseases; workplace violence; and slips, trips and falls.

Read more.

Submitted by Andrew Fatato

40 Years of OSHA

Friday, November 4th, 2011

OSHA is celebrating its 40th anniversary, and the agency has put together a series of features dedicated to the occasion. Visit the website, and read OSHA head David Michaels’ statement on the anniversary below:


Forty years ago Congress responded to the public’s demand for safer workplaces and passed the Occupational Safety and Health Act. The need was clear: far too many workers were getting killed or seriously injured on the job. The legislation created the Occupational Safety and Health Administration (OSHA) and charged the new agency with setting and enforcing standards to protect working men and women in America.

April 28, 2011 marks the 40th anniversary of OSHA’s first day on the job – a job that has delivered remarkable progress for our nation. Workplace injuries, illnesses and deaths have fallen dramatically since OSHA began. Together with our State partners, OSHA has tackled deadly safety risks and serious health hazards. We have established common sense standards and cooperative programs that have saved thousands of lives and prevented countless injuries.

Today workplaces in America are far safer than forty years ago. Our progress gives us hope and confidence that OSHA will continue to make a lasting difference in the lives of our nation’s 130 million workers, and their families.

Looking to the future, OSHA remains committed to protecting workers from toxic chemicals and deadly safety hazards at work; ensuring that vulnerable workers in high-risk jobs have access to critical information and education about job hazards; and providing employers with vigorous compliance assistance to promote best practices that can save lives.

We hope you will join us in this anniversary year as we recognize OSHA’s accomplishments and reaffirm our dedication to the agency’s mission. Help us celebrate four decades of healthier workers, safer workplaces, and a stronger America.

Submitted by Patrick McQueen

BLS Releases 2010 Workplace Injury and Illness Report

Friday, October 21st, 2011

blsDocumenting nearly 3.1 million cases, the 2010 Workplace Injury and Illness Report was just released by the Bureau of Labor Statistics. The number of incidents works out to 3.5 workplace injuries or illnesses per every 100 workers. Peg Seminario, AGL-CIO Safety and Health Director, has this to say after the report’s release:

The survey shows a slight decline in the overall injury and illness rate reported for the private sector (3.5/100 compared to 3.6/100 for 2009). All of the decline was among “other recordable cases” – there was no decrease in Days Away, restricted Activity or Job transfer case rates. In the public sector (state and local government) reported rates declined to 5.7/100 from 5.8/100 in 2009, and like the private sector the decline was limited to “other recordable cases.

Given all the problems with underreporting of injuries, and potential impacts on injury reporting and rates due to the recession (fewer workers working in some of the more hazardous industries) it’s hard to draw much from the latest report other than there are still major problems that need to be addressed.

Taken from the report, these are the key findings from this year’s study:

-Incidence rates for injuries and illnesses combined among private industry establishments declined significantly in 2010 for total recordable cases and for other recordable cases. The incidence rates for cases with days away from work; for cases of job transfer and restriction; and for cases of days away from work, job transfer, or restriction together each remained unchanged from 2009. (See chart 1.)

-Manufacturing was the sole private industry sector to experience an increase in the incidence rate of injuries and illnesses in 2010—rising to 4.4 cases per 100 full-time workers from 4.3 cases the year earlier. The increased rate resulted from a larger decline in hours worked than the decline in the number of reported cases in the industry sector.

-The total recordable cases incidence rate in the private construction industry sector decreased by 0.3 cases to 4.0 cases per 100 full-time workers in 2010—a seven percent decline. Specialty trade contractors reported a similar decline of 0.3 cases in the injury and illness incidence rate—falling to 4.3 cases per 100 full-time workers—and was largely responsible for the reported decline in the construction industry sector.

-Health care and social assistance experienced an incidence rate of injuries and illnesses of 5.2 cases per 100 full-time workers—down from 5.4 cases in 2009—and was the lone industry sector in which both reported employment and hours worked increased in 2010.

-The incidence rate of injuries only among private industry workers remained unchanged between 2009 and 2010 at 3.4 cases per 100 full-time workers. (See table 5.)

-The incidence rate of illness cases alone remained relatively unchanged in 2010, as did rates among all illness categories with the exception of poisoning, whose rate increased from 0.2 cases per 10,000 full-time workers in 2009 to 0.3 cases in 2010. (See table 6a.)

-National public sector estimates covering more than 18.4 million state and local government workers are available for the third consecutive year with an incidence rate of 5.7 cases per 100 full-time workers in 2010, relatively unchanged from 2009.

Read the press release here.

Submitted by Patrick McQueen

OSHA Publishes Revised Whistleblowers Manual

Friday, September 23rd, 2011

osha-logosvg1For the first time since 2003, OSHA has updated the Whistleblower Investigations Manual, their guide for understanding and working within the 21 statutes delegated to OSHA designed to protect workers who speak up about unsafe work environments. The document serves to guide OSHA’s Whistleblower Protection Program, and helps to ensure a level of quality and reliability in investigations.

From the OSHA Trade Release:

“The ability of workers to speak out and exercise their legal rights without fear of retaliation is crucial to many of the legal protections and safeguards that all Americans value,” said OSHA Assistant Secretary Dr. David Michaels when these measures were announced in August.

Key changes to the manual include:

A requirement that investigators make every attempt to interview the complainant in all cases.

Clarification that whistleblower complaints under any statute may be filed orally or in writing, and in any language, and that OSHA will be accepting electronically-filed complaints on its Whistleblower Protection Program website, http://www.whistleblowers.gov.

Additional clarifications of the investigative process including method and recording of interviews, and processing of dually-filed 11(c) complaints in state plan states.

New chapters for processing complaints filed under Federal Railroad Safety Act (FRSA),  49 U.S.C. §20109, National Transit Systems Security Act (NTSSA),  6 U.S.C. §1142, and Consumer Product Safety Improvement Act (CPSIA),  15 U.S.C. §2087, as well as significant updates to the Surface Transportation Assistance Act (STAA) and Sarbanes-Oxley chapters, which incorporate statutory amendments and developments in the law.

Expanded guidance on dealing with uncooperative respondents and issuing administrative subpoenas during whistleblower investigations.

Download the manual here.

Learn more about the Whistleblower Protection Program here.

Submitted by Patrick McQueen

OSHA Orders Rehiring of Whistleblowers

Tuesday, September 20th, 2011

michaels-davidOSHA has ordered two companies to rehire employees that they fired after those employees blew the whistle on dangerous workplace conditions.

From LegalNewswire:

OSHA announced Sept. 14 that it found Charlotte, N.C. – based Bank of America Corp. broke the law and ordered it to reinstate the employee. It also ordered the company to pay the employee approximately $930,000, which includes back wages, interest, compensatory damages and attorney fees.
“It’s clear from our investigation that Bank of America used illegal retaliatory tactics against this employee,” said OSHA Assistant Secretary Dr. David Michaels. “This employee showed great courage reporting potential fraud and standing up for the rights of other employees to do the same.”
The employee was a carryover from Countrywide Financial Corp. Bank of America merged with Countrywide in July 2008.
The worker led internal investigations that revealed widespread and pervasive wire, mail and bank fraud involving Countrywide employees. This person then alleged that those who attempted to report fraud to Countrywide’s Employee Relations Department suffered persistent retaliation. The employee was fired shortly after the merger.

OSHA announced Sept. 14 that it found Charlotte, N.C. – based Bank of America Corp. broke the law and ordered it to reinstate the employee. It also ordered the company to pay the employee approximately $930,000, which includes back wages, interest, compensatory damages and attorney fees.

“It’s clear from our investigation that Bank of America used illegal retaliatory tactics against this employee,” said OSHA Assistant Secretary Dr. David Michaels. “This employee showed great courage reporting potential fraud and standing up for the rights of other employees to do the same.”

The employee was a carryover from Countrywide Financial Corp. Bank of America merged with Countrywide in July 2008.

The worker led internal investigations that revealed widespread and pervasive wire, mail and bank fraud involving Countrywide employees. This person then alleged that those who attempted to report fraud to Countrywide’s Employee Relations Department suffered persistent retaliation. The employee was fired shortly after the merger.

Read more.

Submitted by Andrew Fatato

OSHA Releases Heat-Related Mobile App

Tuesday, August 16th, 2011
“Summer heat presents a serious issue that affects some of the most vulnerable workers in our country, and education is crucial to keeping them safe,” said Secretary of Labor Hilda L. Solis. “Heat-related illnesses are preventable. This new app is just one way the Labor Department is getting that message out.”
The app, available in English and Spanish, combines heat index data from the U.S. National Oceanic and Atmospheric Administration with the user’s location to determine necessary protective measures. Based on the risk level of the heat index, the app provides users with information about precautions they make take such as drinking fluids, taking rest breaks and adjusting work operations. Users also can review the signs and symptoms of heat stroke, heat exhaustion and other heat-related illnesses, and learn about first aid steps to take in an emergency. Information for supervisors is also available through the app on how to gradually build up the workload for new workers as well as how to train employees on heat illness signs and symptoms. Additionally, users can contact OSHA directly through the app.

OSHA, in an effort to help workers stay safe in the hot days of summer, has released a mobile phone application meant to help workers understand the dangers of working in extreme heat and how to protect themselves from it’s potential ill-effects.

From OSHA:

“Summer heat presents a serious issue that affects some of the most vulnerable workers in our country, and education is crucial to keeping them safe,” said Secretary of Labor Hilda L. Solis. “Heat-related illnesses are preventable. This new app is just one way the Labor Department is getting that message out.”

The app, available in English and Spanish, combines heat index data from the U.S. National Oceanic and Atmospheric Administration with the user’s location to determine necessary protective measures. Based on the risk level of the heat index, the app provides users with information about precautions they make take such as drinking fluids, taking rest breaks and adjusting work operations. Users also can review the signs and symptoms of heat stroke, heat exhaustion and other heat-related illnesses, and learn about first aid steps to take in an emergency. Information for supervisors is also available through the app on how to gradually build up the workload for new workers as well as how to train employees on heat illness signs and symptoms. Additionally, users can contact OSHA directly through the app.

Read more.

Submitted by Andrew Fatato

OSHA Lists the Most Severe Violators of Safety Regulations

Thursday, August 11th, 2011

osha-logosvg1OSHA recently published a 4-page PDF that lists the 147 most serious violators of federal safety violations, with many of the companies making the list after violations following preventable worker deaths. The Pump Handle has arranged the information into a useful spreadsheet so employers are sorted by state.

From the Pump Handle:

Getting the SVEP label is not easy.

First, a workplace has to be the subject of a federal or State OSHA inspection. In any given year, less than 1% of worksites will have a vist from a government safety inspector. Second, the employer has to receive citations with violations classified as “willful,” “repeat,” or “failure-to-abate” (W/R/FTA). The vast majority of violations, however, are classified as “serious,” with only about 4% in the W/R/FTA category.

As I wrote when SVEP was announced last year, an employer wouldn’t receive the “severe violator” label because of willful infractions in the past. OSHA is using the SVEP to identify recalcitrant employers for possible future inspections.

Submitted by Patrick McQueen

OSHA Further Protecting Whistleblowers

Thursday, August 4th, 2011

OSHA has recently taken measures to increase it’s ability to protect whistle-blowers from companies trying to retaliate against them for exposing dangers in the workplace.

From OSHA:

“The ability of workers to speak out and exercise their legal rights without fear of retaliation is crucial to many of the legal protections and safeguards that all Americans value,” said OSHA Assistant Secretary Dr. David Michaels. “The new measures will significantly strengthen OSHA’s enforcement of the 21 whistleblower laws that Congress charged OSHA with administering.”

The Government Accountability Office audited OSHA’s whistleblower program in 2009 and 2010, highlighting challenges related to transparency and accountability, training for investigators and managers, and the internal communications and audit program. OSHA also conducted an internal review that examined national and regional program structures, operational procedures, investigative processes, budget, equipment and personnel issues.

“OSHA is committed to correcting the issues brought to light by the GAO report and our own review,” said Dr. Michaels.

Read more.

Submitted by Andrew Fatato