OSHA
cmonforton | April 12, 2012More than 425 days----that's 14 months----have passed since the Labor Department's Occupational Safety and Health Administration (OSHA) sent to the White House's Office of Information and Regulatory Affairs (OIRA) a draft proposed regulation designed to protect workers who are exposed to respirable crystalline silica. The hazard is one of the oldest known causes of work-related lung disease, yet OSHA does not have a comprehensive, protective standard on the books to address it. In the last few decades, epidemiological studies have also found a strong association between silica exposure and…
cmonforton | April 9, 2012The US Chamber of Commerce had a quaint little game on its website last month, complete with a YouTube video with fake sportscasters. The PR campaign called "Regulatory Madness" keyed off the annual NCAA's basketball tournament we know as March Madness. The cutesy idea was for business people to use the Chamber's pick of the 16 most "maddening" Obama Administration regulations, and fill in brackets to ultimately chose the most "maddening" one of all. They called it their "not-so-pretty Sweet Sixteen."
Their "top picks" included financial, health care and environmental regulations, such…
cmonforton | March 28, 2012[Update below (7/14/14)]
In 1991, Dan Quayle was US Vice President, General Norman Schwarzkopf led the 100-hour assault known as Operation Desert Storm, and Phil Collins had the record of the year. It was the last (and only) time that the US Congress amended the Occupational Safety and Health Act (OSH Act) to update the monetary penalty amounts that could be assessed to employers who violate worker safety regulations. These changes were just a tiny part of the massive Omnibus Budget Reconcilation Act of 1990, but were significant in that they increased OSHA's maximum penalty amounts seven-…
cmonforton | March 26, 2012In October 2009, the Labor Department's Occupational Safety and Health Administration (OSHA) made national headlines when it proposed a record-setting $87 million penalty against BP Products North America Inc. for the company' failure to correct serious safety hazards at its Texas City, Texas refinery. Ten months later, OSHA announced that it reached a settlement with BP regarding some of those violations and penalties, with the firm agreeing to pay $50.6 million.
It's not unusual for the penalty amounts proposed by OSHA to be reduced significantly to a figure eventually paid by the…
cmonforton | March 23, 2012Earlier this week, Lizzie Grossman reported here at The Pump Handle on revisions to OSHA's Hazard Communication standard which align the agency's 30 year old rule with a globally harmonized system for classifying and labeling chemical hazards. In "Moving from Right-to-Know to Right-to-Understand," we learn how the changes stem from a 2002 United Nations resolution and why they should help U.S. workers better protect themselves from chemical hazards in their workplaces.
I spent some time this week reading for myself the 858-page document, and by the time I got to page 20 it was clear that…
egrossman | March 21, 2012by Elizabeth Grossman
His job, the Metalworkers Alliance of the Philippines union leader told us, was assembling the electronics - the wire- or cable-harnesses - that go into cars. The work involved soldering, using flux, along with epoxies, and various degreasers or solvents. He and his co-workers didn't know the actual names of the substances they were working with or what was in those products. They also didn't know if it was a coincidence, but two co-workers had become seriously ill and the union leader and other co-workers had begun to worry that these diseases might have been caused by…
cmonforton | March 19, 2012The $109 billion transportation bill passed last week in the Senate has a title that doesn't even mention roads or highways. It's called the ''Moving Ahead for Progress in the 21st Century Act'' (MAP-21) The 74 Senators who voted in favor of the bill (S. 1813), including 22 Republicans, described their support in terms of its potential to save and create nearly 3 million jobs, many in the construction industry.
One provision of the legislation fits especially well with the bill's title, with real potential to make progress on worker safety while we move ahead with transportation projects…
cmonforton | March 14, 2012To mark Sunshine Week, the annual initiative to promote freedom of information and government openness, I'm examining OSHA's performance in disclosing information about worker fatality cases. My interest in this particular transparency issue stems back to the first year of the Obama Administration, when in October 2009, a new feature appeared front-and-center on federal OSHA's homepage. It read: "Worker Fatalities."
I gave OSHA's new leadership credit for reminding visitors to its website that workers are killed everyday on the job, many from preventable causes. The weekly postings by…
cmonforton | March 1, 2012Federal OSHA proposed a $283,000 penalty against an employer responsible for staffing a Hershey's chocolate packaging facilty in Palmyra, Pennsylvania for willfully violating workplace safety regulations. The agency's action followed a formal complaint lodged by workers at the plant, many of whom were foreign students employed under the State Department's J-1 visa program. A few hundred of them walked off the job last summer to protest the poor working conditions in the Hershey plant. The New York Times' Julie Preston reported at the time about workers' injuries related to heavy lifting,…
cmonforton | February 24, 2012On July 27, 2011, just a few miles from my home in San Marcos, TX, Mr. Margarito Guardado Resinos, 34, and Mr. Nelson Pineda were working together to erect a pre-engineered steel building frame on property owned by Thermon Manufacturing. The workers were employed by Jetka Steel Erectors of Katy, TX, a firm hired by Bailey Elliot Construction of Austin, TX, to perform certain aspects of the project. Just before noon on July 27, 2011 the metal structure collapsed, killing Mr. Resinos and injurying Mr. Pineda.
Federal OSHA safety officers investigated the fatal incident and issued citations…
cmonforton | February 23, 2012Agricultural exceptionalism is a term used to describe the special status awarded to employers and firms involved in agriculture. Proponents argue that the special status is necessary because (1) agricultural products contribute to broad national goals (e.g., providing safe and affordable food, preventing hunger); and (2) farming is inherently risky because of the uncertainty of weather and pests.
This exceptionalism allows employers, for example, to provide lesser protection and benefits to their workers compared to what is given to workers employed in non-agriculture industries.…
cmonforton | February 17, 2012"What's taking so long?" might be uttered by a youngster waiting for a parent to assemble a swing set, or an art patron waiting for a conservator to restore a masterpiece. When the wait is finally over and the eager child or art lover see the final product, they realize the time was well spent.
Public health and worker safety advocates have been asking "what's taking so long?" for the White House's Office of Management and Budget (OMB) to complete a review of a draft occupational health standard. A 1993 Executive Order gives OMB's Office of Information and Regulatory Affairs (OIRA) authority…
cmonforton | February 14, 2012The 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…
cmonforton | February 9, 2012New Yorkers, the nation and the world lost a dedicated physician and worker advocate this week with the passing of Stephen M. Levin, 70, from cancer. Dr. Levin was a professor of preventative medicine at Mt. Sinai School of Medicine, and most recently, a prominent figure fighting for a long-term program to identify and treat individuals who worked or volunteered at the post-9/11 World Trade Center site.
As the New York Daily News reports, Levin watched as first responders worked in the poisonous cloud of dust in 2001 at the World Trade Center site. "The city Health Department rebuffed his…
cmonforton | February 8, 2012The Boston Globe's Megan Woolhouse reported earlier this week on a civil lawsuit against construction contractors and Walmart for the wrongful death of Romulo de Oliveira Santos, 47. The Brazilian immigrant and a crew of other workers were assigned to tear down the ceilings and walls on the night of September 8, 2008 at a Walmart in Walpole, Massachusetts. The workers weren't made aware of the live electrical wires, and Santos was electrocuted and fatally burned. Woolhouse writes the victim's family seeks: "$5 million in damages from Walmart and two subcontractors, alleging the conditions…
cmonforton | February 6, 2012The federal Occupational Safety and Health Administration (OSHA) issued citations last week to Zaloudek Grain Co. in Kremlin, Oklahoma for safety violations identified in its investigation of the August 4, 2011 incident in which two young workers each lost a leg. The citations listed six serious violations and a proposed penalty of $21,500. Two of the violations were assessed the OSHA maximum $7,000 penalty amount, one for inadequate guarding around the auger (1910.212(a)(2)) and the other for failing to train the young men (1910.272(e)(2)). The other safety regulations violated by the…
cmonforton | January 30, 2012The Labor Department provided an update on January 20, 2012 to its regulatory agenda, including revised target dates for improved workplace safety and health standards. Several of the rules OSHA now expects to publish in 2012 are regulations the agency previously said would be issued one or two years ago. Missed deadlines, however, are nothing new for OSHA---an agency that has only issued two new major health or safety standards in the last 10 years.
To put these new projections from OSHA in perspective, I'll refer to forecasts made previously by the Obama/Solis Administration in 2009 and…
cmonforton | January 27, 2012The 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…
cmonforton | January 25, 2012A group of 300 scientists, physicians and public health experts are urging President Obama to direct his Office of Management and Budget (OMB) to complete its review of a proposed Labor Department health standard on the carcinogen crystallline silica. OMB's Office of Information and Regulatory Affairs (OIRA) has been reviewing the proposed rule for nearly a year, although the Executive Order (EO) giving OIRA authority for such review sets a four-month maximum time limit.
The signatories on the letter to President Obama, many of whom are members of the Union of Concerned Scientists or the…
cmonforton | January 20, 2012Money talks, as the saying goes, and a recently published paper on the annual cost of work-related injuries and illnesses should get policymakers to listen up. The number is staggering: $250 Billion, and it's a figure on par with health conditions like cancer, coronary heart disease, and diabetes that attract much more attention and research funding.
The author, J. Paul Leigh, PhD, a professor of health economics at University of California Davis, assembled data from more than a dozen sources to estimate the annual economic burden of occupational injuries and illnesses. Using data from 2007…