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Occupational Safety Blog

By Fred Rine, CEO of FDRsafety and former long-time Managing Director of Safety and Health at FedEx, Jim Stanley, President of FDRsafety and former No. 2 at OSHA headquarters and Mike Taubitz, Senior Advisor to FDRsafety and former Global Safety Director for General Motors.


Archive for December, 2009

New OSHA chief Michaels: ‘Green’ jobs not necessarily safe

December 28th, 2009 posted by Jim Stanley

Jim Stanley

The Obama administration has placed a lot of emphasis on rapidly creating “green” jobs – to help both the economy and the environment. But David Michaels, new head of the Occupational Safety and Health Administration, is warning about the perils of quickly ramping up environmental industries without paying sufficient attention to safety.

“Employers who race into this green economy without paying attention to worker safety will blunder into many preventable injuries and deaths,” Michaels said in an address prepared for delivery earlier this month at a “Going Green” workshop of the National Institute for Occupational Safety and Health. The speech provides lots of insight into how Michaels sees OSHA’s role, both in green industries and beyond. Here is some more of what he had to say:

“Most people instinctively see green jobs as safe,” Michaels said. “But at OSHA, when we hear ‘weatherization and renovation,’ we see exposure to lead and asbestos. When we hear insulation, we think isocyanate exposure. When we hear rooftop solar power, we see fall hazards. When we hear wind energy, we see lockout hazards.”

“We must use our knowledge and skills to identify potential hazards as they emerge. We can’t wait years for hazards to be completely characterized, to let industries shift their responsibility or defer workplace protections by producing ‘doubt’ instead of actively practicing prevention.”

“I have a vision of a greener world where there is full and complete hazard information available for every chemical and every chemical mixture; where science is at work not only to make more effective and more profitable chemicals, but safer chemicals, too. I dream of a world where workers can collaborate on an equal basis with management to find safe chemicals and develop and implement processes that won’t put workers in danger.”

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A prediction: What’s ahead for OSHA under Michaels

December 15th, 2009 posted by Jim Stanley

Jim Stanley

Dr. David Michaels, confirmed by the U.S. Senate on Dec. 3 to lead OSHA, has an ambitious agenda for the agency. Michaels, an epidemiologist and university professor associated with a public health group funded by plaintiffs’ attorneys, will have as his No. 2 Jordan Barab, a former union official and congressional staff member.

Dr. Michaels’ agenda for OSHA begins with increased emphasis on enforcement, a focus on health standards and a push for penalty increases. His agenda also includes expedited rulemaking procedures.

I expect OSHA to accelerate current rulemaking on beryllium, silica, cranes and derricks, hazard communication and combustible dust. I also expect OSHA to initiate a new rulemaking to mandate minimum standards for occupational safety and health programs. (This is where OSHA will try to dictate what your safety program contains and requires!) I also believe OSHA will attempt to increase sampling for airborne substances and continue its emphasis on investigating OSHA-required recordkeeping.

An indication of where OSHA is heading can be found in the recent history of fines the agency has imposed.

In addition to BP Products of North America receiving OSHA’s largest proposed penalties ever, totaling $87,430,000, OSHA has levied recent fines totaling over $7.91 million against 25 companies for violations of its standards. Companies and fine amounts are:

A-1 Excavating (WI), $861,000 (settled for $474,000)

All-Feed Processing and Packaging Inc. (IL) $518,520

Alon USA Energy, Inc (TX) $237,500

Americold Logistics LLC (MO) $117,000

Burrows Paper Corp (NY) $136,500

Cambria Contracting (NY) $484,000

CES Environmental Services (TX) $207,800

Cranesville Aggregate Co. (NY) $509,000

Dunbar Armored Industries, Inc., Dunbar Cash Vault Services and Coin Wrap Inc (CT) $112,300

Endrea Processing Ohio, LLC (OH) $473,000

Franklin Non-Ferrous Foundry (NH) $250,000

Frit Car Inc (AL) $364,350

Hiland Dairy Foods Co. (KS) $124,500

Industrial Pipe Fittings LLC (TX) $116,500

Loran Cook Co. (MO) $511,000

Los Amigos Tortilla Manufacturing Co. (GA) $231,600

Luckinbill, Inc. (OK) $142,800

Miami Stevedoring Services, Island Stevedoring LLC, Bemuth Agencies Inc. and Marine Diesel, Inc. (FL) $318,900

NuStar Asphalt Refining Co., LLC (NJ) $105,750

Pride Plating Inc. (OK) $209,000

Quinco Steel, Inc. (IL) $111,100

S.D. Warren Co. (ME) $136,000

Tempel Grain Elevators LLC (CO) $1.59 million

UCL, Inc. (OH) $321,000

Veolia ES Technical Solutions (OH) $109,000

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Work-related musculoskeletal disorders and airborne infectious diseases on OSHA’s rule-making agenda

December 11th, 2009 posted by Jim Stanley

Jim Stanley

An important indicator of how OSHA intends to continue extending its reach was unveiled in the form of its Fall Regulatory Agenda, which details where the agency intends to go with rulemaking over the next 12 months.

An issue that was controversial in the past has resurfaced – the definition of work-related musculoskeletal disorders (WMSD) and whether they should be noted in their own column in OSHA-required records. WMSDs are disorders of the muscles, tendons and nerves that are frequently associated with repetitive motion (which are often called Repetitive Strain Injuries) and are studied in the field of ergonomics.

OSHA is also seeking public comment on whether federal standards are needed to protect workers against airborne infectious diseases, such as H1N1.

More detail is available at http://www.oshalawblog.com

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Behind OSHA’s decision to create a standard on combustible dust

December 10th, 2009 posted by Jim Stanley

Jim Stanley

OSHA has long regulated combustible dust through its general standards rather than through specific rulemaking. But that is about to change. In an excellent article, the law firm of McDermott Will & Emery gets behind OSHA’s decision to create specific rules and looks at what’s ahead.

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