Methylene chloride hazards result in $357K OSHA fine

If workers might be exposed to methylene chloride, it's up to your company to monitor their exposure levels and ensure they're safe. Otherwise, OSHA will do it for you.

Fine: $357,000
Company: DCB Manufacturing, Inc.,
Buffalo, NY
Business: Pharmaceutical plant
Reasons for fine:
6 willful violations, including:

• failure to put effective controls and
  
• work practices in place to reduce
  
• employee exposure levels
  
• inadequate exposure monitoring
  
• failure to provide medical
  
• surveillance and information about
  
• methylene chloride to workers
  
• 3 serious violations, including:
  
• failure to determine employee
  
• exposure to methylene chloride
  
• not informing workers about the
  
• existence and location of
  
• monitoring records

OSHA spells out its ergonomic enforcement plan

Can an OSHA inspector use the discovery of a series of workplace musculoskeletal disorders at a company to issue fines under the General Duty’Clause (GDC)?

While it’s not quite that easy, OSHA is now officially on the record with what we told you in February (SCA, 2/25/10, p.l): It will use the GDC to issue citations and impose fines over ergonomics.

No standard, no problem for OSHA

 In a recent Web chat, OSHA administrator David Michaels wrote, “OSHA’s field staff will be looking for ergonomic hazards in their inspections, and we will be providing them with the support and back-up they need to enforce under the General Duty Clause.” OSHA doesn’t have an ergonomics standard. Congress repealed it in 2001. So is the definition of an ergonomic injury left up to the discretion of individual OSHA inspectors?
Acting OSHA Enforcement Director Tom Galassi says to document a GDC violation for ergonomics, the agency must demonstrate:

• industry recognition of the
  
• ergonomic problem, and
  
• feasible ways to abate the hazard.
  

OSHA has developed ergonomic guidelines for four industries: shipyards, poultry processing, retail grocery stores and nursing homes. What if your company isn’t in one of those industries? Doesn’t matter. The current OSHA administration expects employers to keep all workplaces free of ergonomic hazards.

CLIMATE
GREENHOUSE GASES

Don't expect any relief from global warming regulation even though President Obama has joined the "Drill, Baby, Drill" chorus calling for an increase in America's oil-producing  capacity.  Obama has outlined a new energy policy that calls for opening up large tracks of offshore areas to oil and natural gas exploration.

The areas range from coastal Delaware, down the Atlantic coast to the northern half of Florida, to the eastern Gulf of Mexico and north of Alaska.

Three-legged stool

But Obama's offering the offshore drilling as a lure, along with calling for building new nuclear power plants, to win support for legislation to limit greenhouse gas (GHG) emissions via a cap-and-trade program.

Including GHG reductions as part of a national energy policy is also supported by Sens. Lindsay Graham (R-SC), John Kerry (D-MA) and Joe
Liebermann (I-CT).

Reprinted with permission from Environmental Compliance Alert
Info: http://snipurl.com/drill395

OSHA urged to act on construction hearing standard

 IN AN EMERGENCY, THE ANSWER YOU NEED CAN BE A CLICK AWAY

Could a new OSHA hearing conservation standard be on the way for construction workers?  If some folks have their way, the answer is yes.  For 27 years, OSHA's had an occupational noise standard on the books. But that standard has excluded the construction industry.   During an “OSHA Listens" meeting in Washington, DC, on March 4, groups and experts urged the agency to change that now.

Can you hear me now?

One startling piece of research presented at the meeting: recent National Institute of Occupational Safety and Health study estimates that a 25-year old construction worker has the same hearing as a 50-year old worker.
While OSHA has listed hearing conservation for construction workers as agenda item for years, many say it's been a "back burner" item.
In the meantime, many companies have followed a voluntary American National Standards Institute and American Society of Safety Engineers standard to protect worker.
Under that plan, construction workers must wear hearing PPE when exposed to potential noise exposures of "85 decibels, A-weighted (dBA), and above."
We'll keep you posted.

Info: snipurl.col11/oshalistens

Reprinted with permission from
Safety Compliance Alert
800-220-5000

Can an iPhone reduce injuries, save lives?

IN AN EMERGENCY, THE ANSWER YOU NEED CAN BE A CLICK AWAY

You might think the iPhone is mostly for talking, texting and checking your e-mail.  But thanks to a slew of new safety applications for the iPhone, it could also be a lifesaver.
Many of these apps for the iPhone can give you the answers you need to make a crucial safety decision in a split second.  These applications range in price but can be worth it for safety pros on the go. Here's a rundown of a few apps that caught our eye.

NIOSH Pocket Guide 1.0

• What it does: This iPhone app gives safety pros access to The National Institute of Occupational Safety and Health's chemical hazards database. It provides chemical names, synonyms, exposure limits, physical description of the chemical, and more. It also gives the Immediate Danger to Life and Health values of each chemical, which can be really useful in an emergency.
  
•  How much it costs: $19.99 
  
•  Info: www.dangcrousdecisions.com

iFirstAid Lite

HazRef 2008 3.3

• What it does: This app allows users to "search a portable database of nearly 3,000 hazardous materials as identified by the United States Code of Federal Regulations." It also lists the transportation requirement and the potential hazards of each material, and provides a list of emergency contacts in your area. 
  
• How much it costs: $3.99
  
•  Info: snipurl.com/hazref08

Reprinted with permission from
Safety Compliance Alert
800-220-5000

Watch Out! OSHA penalties are about to go up, even without Congressional approval.  OSHA head David Michaels testified before Congress that the agency will implement internal changes in its penalty policies.

That bit of news came during Michaels' comments on the parts of the bill that would significantly increase OSHA fines and the use of criminal penalties, including prison time for company executive and managers.

Inadequate deterrents

Michaels wasn't forthcoming on what those administrative changes to OSHA penalty policies will be.
But you can bet the agency will act quickly to make whatever changes it can without Congressional approval.
That’s because Michaels considers current safety fines to be inadequate deterrents to employers who would rather pay the minimal OSHA fines and continue to gloss over safety.
Among the provisions in the Protecting America' Workers Act (PAWA) that Michaels endorsed during his testimony:

• Increase the maximum penalty for knowingly violating a rule that results in the death of an employee to 10 years in prison 
  
• Increase penalties for willful repeat violations that involve a fatality to as much as $250,000, and 
  
• Create automatic increases in fine amounts by tying them to inflation.
  

Info: You can read Michaels' entire testimony at osha.gov.rwi.bzlp

Reprinted with permission from
Safety Compliance Alert
800-220-5000

What's OSHA's next move?

Agency reveals 3 new targets

• Triple threat: Enforcement, standards, injury logs

Now that the new deputy sheriff has been in town for over three months, what' he targeting?
In a speech to the American Bar Association, 0 HA administrator David Michaels said Labor Secretary Hilda Solis' statement that there is a “new sheriff in town" wasn't just an abstract wish, Rather, it was a stern description of how OSHA is working.
Michaels, the aforementioned deputy, said Solis is pushing OSHA to be more aggressive.
Michaels didn't need much of a push. Even before taking over at OSHA, he'd been a vocal advocate of tougher enforcement and more regulation. Here are his top priorities:

Enforcing regulations
Despite calls for budget tightening within the federal government, OSHA
is set to get $7.7 million more a year starting in October for enforcement.
The agency will hire 25 more inspectors and move 35 employees from compliance assistance programs to enforcement.
Expect more of what OSHA has already been doing recently with enforcement: more record fines like the $84.7 million citation against BP Texas City, TX, and more violations classified as egregious, which allow OSHA to issue citations on a per-employee or per-instance basis.

Enacting more standards
In his speech, Michaels called the current system of enacting new OSHA standards "f1awed” and too slow.
However, he admits that, for now, the agency has to work within the current regulatory framework..
But that doesn't mean OSHA has limited its regulatory agenda. Among the issues it wants to tackle:
Several that have languished for years, including silica, beryllium, diacetyl, cranes and derricks, and incorporating a globally harmonized system for chemical labeling into its hazard communication standard Newer initiative such a infectious disease and combustible dust Updated permissible exposure limits (PELs) some of which haven't changed for 40 years, and Addition of a column to track ergonomic injuries to OSHA 300 log.

Reporting injuries
Michaels believes workplace injuries are seriously underreported.
Under OSHA's National Emphasis Program on record keeping, OSHA will visit companies in high-injury industries that have reported significantly fewer incidents to make Sure their injury records are accurate.

Reprinted with permission from
Safety Compliance Alert
800-220-5000

First program chemical expansion in more than a decade

WASHINGTON – The U.S. Environmental Protection Agency (EPA) is proposing to add 16 chemicals to the Toxics Release Inventory (TRI) list of reportable chemicals, the first expansion of the program in more than a decade. Established as part of the Emergency Planning and Community Right to Know Act (EPCRA), TRI is a publicly available EPA database that contains information on toxic chemical releases and waste management activities reported annually by certain industries as well as federal facilities. The proposal is part of Administrator Lisa P. Jackson’s ongoing efforts to provide communities with more complete information on chemicals.

EPA has concluded, based on a review of available studies, that these chemicals could cause cancer in people. The purpose of the proposed addition to TRI reporting requirements is to inform the public about chemical releases in their communities and to provide the government with information for research and potential development of regulations.

Four of the chemicals are being proposed for addition to TRI under the polycyclic aromatic compounds (PACs) category. The PACs category includes chemicals that are persistent, bioaccumulative, toxic (PBT) and are likely to remain in the environment for a very long time. These chemicals are not readily destroyed and may build up or accumulate in body tissue.

The TRI, established as part of the EPCRA of 1986, contains information on nearly 650 chemicals and chemical groups from about 22,000 industrial facilities in the U.S. Congress enacted EPCRA to provide the public with additional information on toxic chemicals in their communities.

EPA will accept public comments on the proposal for 60 days after it appears in the Federal Register.

For a list of the 16 chemicals: http://www.epa.gov/tri/lawsandregs/ntp_chemicals/index.html

More information on TRI: http://www.epa.gov/tri

Two Shell Chemical Companies Agree to Reduce Harmful Emissions Under Comprehensive Clean Air Act Settlements 

Agreements reduce more than 1,450 tons of harmful air emissions annually 

WASHINGTON – The U.S. Environmental Protection Agency is proposing to revoke a January 2009 rule that changed the way existing industrial facilities combine upcoming construction projects to determine if Clean Air Act permits are needed.

EPA is concerned that the changes made last year to its “aggregation policy” would make the agency’s New Source Review permitting program less effective, allowing facilities to increase emissions that may impact air quality without a thorough review.

The new proposal responds to a petition to reconsider the 2009 rule. The 2009 rule directed facilities and permitting authorities to combine emissions from construction projects only when the changes are “substantially related,” such as having more in common than the timing of construction.

EPA is proposing to go back to its original policy, which required combining projects based on a broader range of factors. This would ensure that potential emissions increases that could harm air quality do not avoid review and the installation of state-of-the-art pollution controls.

New Source Review is a pre-construction permitting program to ensure air quality is maintained when factories, industrial boilers and power plants are built or modified. The program ensures that state-of-the art emission control technology is installed at new plants or existing plants that are undergoing a major modification.

EPA also is proposing to extend the effective date of the 2009 aggregation rule for an additional six months, to give the agency time to complete the reconsideration.
EPA will take comment on the proposal rule for 30 days after it is published in the Federal Register.
More information: http://www.epa.gov/nsr/actions.html

R092

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EPA Formally Announces Phase-in of Clean Air Act Permitting for Greenhouse Gases

Agency reiterates no stationary source requirements until 2011

WASHINGTON – Under a final decision issued today by the U.S. Environmental Protection Agency (EPA) no stationary sources will be required to get Clean Air Act permits that cover greenhouse gases (GHGs) before January 2011. EPA has pledged to take sensible steps to address the billions of tons of greenhouse gas pollution that threaten Americans’ health and welfare, and is providing time for large industrial facilities and state governments to put in place cost-effective, innovative technologies to control and reduce carbon pollution. Today’s announcement is the first step in EPA’s phased in approach to addressing GHG emissions laid out by Administrator Lisa P. Jackson earlier this month.

“This is a common sense plan for phasing in the protections of the Clean Air Act. It gives large facilities the time they need to innovate, governments the time to prepare to cut greenhouse gases and it ensures that we don’t push this problem off to our children and grandchildren,” said EPA Administrator Jackson. “With a clear process in place, it’s now time for American innovators and entrepreneurs to go to work and lead us into the clean energy economy of the future.”

Today’s action determines that Clean Air Act construction and operating permit requirements for the largest emitting facilities will begin when the first national rule controlling GHGs takes effect. If finalized as proposed, the rule limiting GHG emissions for cars and light trucks would trigger these requirements in January 2011 – the earliest model year 2012 vehicles meeting the standards can be sold in the United States. The agency expects to issue final vehicle GHG standards shortly.

EPA has committed to focusing its GHG permitting requirements on the largest sources. The agency will make a decision later this spring on the amount of GHGs facilities can emit before having to include limits for these emissions in their permits.

Today’s action is the final step in EPA’s reconsideration of the December 18, 2008 memorandum entitled “EPA’s Interpretation of Regulations that Determine Pollutants Covered by Federal Prevention of Significant Deterioration (PSD) Permit Program.” The final action clarifies when GHGs and other pollutants are covered under Clean Air Act permitting programs.

More information and the letter Administrator Jackson sent last month outlining this approach and timeline: http://www.epa.gov/nsr/guidance.html
Sound bites available: http://www.epa.gov/adminweb/multimedia/newscontent/2010-3-25-oa/index2.html

R090
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EPA’s Budget Proposal Seeks Efficiencies, Increased Environmental Protection 

Budget proposal aligned with Administrator Jackson’s key priorities 

EPA Increases Transparency on Chemical Risk Information

Action part of continued comprehensive reform of toxic substance laws

Steam and hot water severely burn 3 workers

• develop and document procedures to prevent the unintended release of hot water and steam
• train workers on the safe application, usage and removal of energy control devices
• properly document process safety information
• conduct proper process hazard analysis
• update operating procedures
• resolve incident investigation findings in a timely manner
• install metal stairs
• maintain ladders in a safe condition
• provide machine guarding

OSHA issues $1.6 million fine after teen worker dies

• not providing an emergency action plan prior to entering grain bins,
  
• failing to train workers in safe bin entry
  
• lack of grain engulfment protection
  
• failure to shut off and lock out equipment while employees were working inside bins
  
• a lack of rescue equipment, and
  
• allowing hazardous accumulations of grain dust that could contribute to fire and explosion.
  

Hazardous Combination:  Noise & Gas

IT MAY BE NECESSARY TO PROTECT MORE WORKERS FROM NOISE

1. Encourage workers to wear hearing protection when exposed to noise or ototoxins even when noise levels are below the allowable threshold.
2. Start a hearing conservation program for workers at lower levels of noise exposure than required by OSHA regulations, and
3. Include workers exposed to chemicals in hearing conservation programs, whether or not they are exposed to noise.

EPA Strengthens Smog Standard 

Proposed standards, strictest to date, will protect the health of all Americans, especially children

WASHINGTON – The United States Environmental Protection Agency today proposed the strictest health standards to date for smog. Smog, also known as ground-level ozone, is linked to a number of serious health problems, ranging from aggravation of asthma to increased risk of premature death in people with heart or lung disease. Ozone can even harm healthy people who work and play outdoors. The agency is proposing to replace the standards set by the previous administration, which many believe were not protective enough of human health. 

EPA Makes Announcement on Two Proposed West Virginia Mountaintop Coal Mines

• Reduce stream impacts by more than 16,000 linear feet; 
• Require that contaminated mine drainage be directed away from surface waters; 
• Ensure more effective compensation for environmental losses; 
• Establish an adaptive management plan to further protect water quality; and 
• Protect highly productive streams on the mine site. 

• Bury 7.5 miles of healthy headwater streams under 6 valley fills; 
• Contaminate downstream surface waters with pollutants from the mine including selenium, conductivity, iron, and aluminum – pollutants that would continue to drain into streams long after the mine is closed; 
• Cause additional harm to the Little Coal River watershed already significantly impacted by previous mining activities – 73 percent of streams are already impaired by mining; 
• Deforest 2,200 acres of mature, productive forestlands; and 
• Impact human health by contributing to water quality degradation and contaminating fish and wildlife. 

Can We Stop Cap-and-Trade and Greenhouse Gas Regulation?

I don’t know what to tell you people… Here I am, going on 17 years as President and Owner of E&SSG and even my friends say, “This administration should be a goldmine for your business.” I strongly think to the contrary. First of all, for those of you, who don’t know about our company, let me give you a very brief history. We are not “tree huggers”… never have been. Sure, I think that everyone has a moral and ethical responsibility to keep our environment clean and those who work for us safe. A mind set which I believe most, if not all, of our clients and readers prescribe also. E&SSG was founded with the principle that many companies want to stay focused on making their business as strong and profitable as possible. We simply came alongside them to help them achieve their goals by providing many solutions to help them stay in compliance with EPA and OSHA, while staying focused on growing their business. Back to the original point, I don’t think that the actions of this administration are good at all for my business or, for that matter, any business that doesn’t stand to profit greatly from the “Green” movement. If this administration increases the burden on American industry and drive them out of the country or out of business, I won’t have any clients.

It’s obvious that President Barack Obama is dead set on creating an emission cap-and-trade program to reduce U.S. greenhouse gas (GHG) emissions. However, since the Senate has been preoccupied with debating his healthcare legislation instead of working on his climate change, it now appears that this administration has another plan to try and ram more job killing legislation down our throats in the middle of a recession… and it looks like they are going to use the EPA as the “Big Bad Wolf” to make cap-and-trade look like the savior. Don’t be fooled, they both stink for business and the economy.

John Kerry said on 12/7/09, “The message to congress is crystal clear: Get moving. If congress does not pass legislation dealing with climate change, the administration is more than justified to use the EPA to impose new regulations. Imposed regulations by definition will not include the job protections and investment incentives we are proposing in the senate today. Given the potential for agency regulation, those who now aim to grind the legislative process to a halt would later come running to congress to secure the kinds of incentives we can pass today.” Also an unnamed senior advisor to the president said while briefing reporters about jobs, “If you don’t pass this legislation then, according to the Supreme Court decisions, the EPA is going to have to regulate in this area and it is not going to be able to regulate on a market-based way, so it’s going to have to regulate in a command-and-control way which will probably generate even more uncertainty.”

Then Lisa Jackson, EPA’s Administrator, explains in the first video below that the EPA’s new powers could be used to “compliment legislation, not replace it”. She plans to use The Clean Air Act to compliment and cover GHG regulations.

I make no claims to be an economist or a scientist, but it doesn’t take a rocket scientist to figure out that neither one of these options are something we should jump headlong into, especially with all of the questions about the validity of the science involved with the studies on GHG and “climate change” (see the second short video below)… which you know used to be called “Global Warming” until that was debunked.

Congress can limit the power of the EPA by passing some simple legislation but they need to hear it from you (the heart and soul of America) the American business owners and managers. You can make a difference! Each of you should write and/or call your representatives in Washington. Tell them the number of people you employ and how any new regulations or Cap-and-Trade could cripple your business and result in layoffs. Also, tell them that the science that is driving all these efforts needs to be further scrutinized before any hasty decision is made.

Our “Compliance Alerts” go out to more than 140,000 businesses…mostly manufacturing. These businesses employ a total of more than 12,000,000 workers. You can see the impact this could have if each owner and manager who reads this blog would simply call or write their representatives. Therefore, please forward this to everyone you know.

To easily access your representative’s contact information or easily send them a message online go to http://www.congress.org/congressorg/directory/congdir.tt

Brad Robinson, President E&SSG

Check those logs! OSHA on warpath over paperwork accuracy

New study says companies under-report injuries

Heads up! The Secretary of Labor says OSHA will be taking strong enforcement action when companies under-report injuries and illnesses.

As EPA doubles criminal cases, watch out for these 4 targets

More agency cops on the street starting Oct. 1

Heads up: EPA’s ready to rapidly rev up its criminal enforcement efforts in October, the start of the government’s new fiscal year. To do this, EPA will hire more special investigators to fully staff the agency’s criminal enforcement team within the Office of Enforcement and Compliance Assurance (OECA) for the first time in 13 years. Hiring begins Oct. 1, as authorized under President Obama’s first budget (see ECA 3/23/09, p. 1).

Risk: Five years for each violation

A criminal case against companies, their managers and employees creates profound liabilities. Each count against a manager or employee comes with the possibility of five years in jail and a $250,000 personal fine (see related story below). Companies face five years of probation and fines of $500,000 per violation for felony convictions.

More cops out in the field

The jail time can add up quickly. For example, a manager convicted of failing to file required reports on three chemicals would instantly face 15 years in prison and a $750,000 fine. EPA’s top cop, Cynthia Giles, says she’ll reverse what some industry attorneys acknowledge was a lackluster criminal enforcement effort during the Bush administration. With the start of fiscal year 2010, OECA will hire 20 more criminal investigators, which will fully staff the team at 200 agents. These agents will operate in the field, not at EPA headquarters. They’re usually assigned to areas of heavy industrial activity and target violations that put human health and the environment at risk. Giles expects to double the number of criminal cases from a low of 305 a year during the Bush years.

Dischargers beware

Another new priority for OECA is increasing enforcement of several Clean Water Act (CWA) programs. Some of the new targets include:

* industrial dischargers
* wastewater treatment plants
* runoff from farms, and
* stormwater permitting compliance at construction sites.

Online Surveys & Market Research

Info: EPA’s Giles, 202-564-2440.


Reprinted with permission from
Environmental Compliance Alert
800-220-5000




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Largest Fine Ever Collected from Concrete Firm

After 1st problem found, EPA cops check the entire company

More information on the coal ash assessments: http://www.epa.gov/epawaste/nonhaz/industrial/special/fossil/surveys2/index.htm#surveyresults