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As Congress gets back to work, the leading safety and health issue will be mining. Senate Appropriations Chair Robert Byrd called for a subcommittee hearing on September 5 on the August 6 Crandall mine collapse. The trade press is reporting that Senator Edward Kennedy and Representative George Miller, who chairs the House Education and Labor Committee are pressuring DoL Secretary Chao on various issues related to the disaster and have sought whatever documents are available. The following press release from Representative Miller provides a good snapshot of the issues of highest concern that will be at issue early this fall –
Worker Safety, Says Chairman Miller
Miller
also launches interactive map of workplace fatalities
"Each
year, thousands of American workers die on the job. Sixteen workers are killed
in workplace accidents each day. Ten times that many die of occupational
diseases caused by hazardous substances like asbestos. And every 2.5 seconds, a
worker is injured in the
On
August 9, the U.S. Labor Department reported that 5,703 workers died in
workplace accidents in 2006. Today, Miller launched an online map of worker
fatalities that he hoped would
remind Americans of the urgent need for increased efforts to eliminate unsafe
conditions on the job. The map relies on published news reports in 2007 to show
worker fatalities nationwide, and it includes information about the workers'
occupations and causes of death. The map represents roughly 10 percent of the
total number of on-the-job fatalities so far this year.
"The
tragedy at
Earlier
this year, U.S. Rep. Lynn Woolsey (D-CA), chairwoman of the House Subcommittee
on Workforce Protections, and U.S. Rep. Phil Hare (D-IL), a member of the
subcommittee, introduced legislation to reduce workplace fatalities, injuries,
and sicknesses. The Protecting America's Workers Act (H.R. 2049) would boost
workplace safety by strengthening and expanding the Occupational Safety and
Health Act. Specifically, the legislation would:
o Increase penalties against employers for repeated
and willful violations of the law, including making felony charges available
when an employer's repeated and willful violation of the law leads to a worker's
death or serious injury;
o Better protect
workers who blow the whistle on unsafe workplace conditions;
o Enhance the public's
right to know about safety violations; and
o Make clear that
employers must provide the necessary safety equipment to their
workers, such as goggles, gloves, respirators, or other personal
protective equipment.
Miller
also said that the Bush administration must do more to vigorously enforce
workplace safety laws.
"In
hearings held earlier this year, witnesses told the committee that both the U.S.
Occupational Safety and Health Administration and the U.S. Mine Safety and
Health
Administration
are not doing enough to update basic workplace safety standards and that the
agencies have shifted their focus from enforcing the law to providing companies
with so-called voluntary compliance assistance," said Miller. "It is
well past time that the Bush workplace safety agencies stop fiddling while
workers die. They must aggressively enforce the laws they swore to uphold. We
must do more to defend the right of all workers to a safe workplace."
As
the following from Fox News, the Department of Transportation (DoT), and others
indicates, the DoT’s pilot program under NAFTA to allow Mexican truckers
beyond the border area is set to begin. Summing
up the current status of the issue, this entire story from FOXNews.com can be
found at http://www.foxnews.com/story/0,2933,295520,00.html
Saturday,
September 01, 2007
SAN
FRANCISCO
— The Bush administration can go ahead with a pilot program to
allow as many as 100 Mexican trucking companies to freely haul their cargo
anywhere within the U.S. for the next year, a federal appeals court ruled
Friday.
The
9th U.S. Circuit Court
of Appeals denied a request made by the Teamsters union, the Sierra
Club and the nonprofit Public Citizen to halt the program.
The
appeals
court ruled the groups have not satisfied the legal requirements to
immediately stop what the government is calling a "demonstration
project," but can continue to argue their case.
The
trucking program is scheduled to begin Thursday.
At issue are the capabilities of the DoT’s Federal Motor Carrier Safety Administration (FMSCA) to ensure safety. The following is the report by DoT’s Inspector General on FMSCA’s capabilities.
|
Title: |
Follow-up
Audit on NAFTA Cross-Border Trucking Provisions |
|
Date: |
August
06, 2007 |
|
Type: |
Audit |
|
Project
|
MH-2007-062 |
|
Summary: |
On August 6, 2007, we issued our
report on Federal Motor Carrier Safety Administration's (FMCSA) actions
taken in response to the findings and recommendations in our January 2005
report on the implementation of the North American Free Trade Agreement's
(NAFTA) cross-border trucking provisions. This report is our annual review
required under Section 350 (c) of the FY 2002 Department of Transportation
Appropriations Act and is not the initial audit of the demonstration
project required under Section 6901 of the U.S. Troop Readiness, Veterans'
Care, Katrina Recovery and Iraq Accountability Appropriations Act of 2007,
which is ongoing. |
|
Full
|
|
DoT
has information on its program at http://www.dot.gov/affairs/cbtsip/index.htm
Presse
release from EPA Office
of Pollution Prevention and Toxics –
President
Bush, Canadian Prime Minister Stephen Harper, and Mexican President Felipe
Calderon, at the August 20-21 Security and Prosperity Partnership (SPP) Meeting
in Montebello, Quebec, announced that the three countries’ top environmental
officials agreed that their Agencies will coordinate efforts to accelerate and
strengthen national and regional chemical assessment and management in North
America. This tri-lateral
partnership calls on each country to coordinate efforts to assess and take
action on industrial chemicals by 2012, with a
This
Regional initiative also calls for the sharing of scientific information,
technical understanding, best practices, and coordinated research on new
approaches to chemical testing and assessment.
It also establishes goals to create and update chemical inventories in
all three countries by 2020 as well as coordinate the management of chemicals in
The
effort builds on Canada’s Chemical Management Program to categorize chemicals
for review, assessment, and management, on the United States’ High Production
Volume (HPV) Challenge program, which challenged the U.S. chemical industry to
provide the public with basic health and safety data on chemicals that are
manufactured in quantities in excess of a million pounds a year, and on Mexico's
efforts to develop chemical inventories. The
tri-lateral cooperation program includes high volume and moderate volume
chemicals, as well as other chemicals of interest to the countries.
EPA
intends to engage with stakeholders this fall to invite public input into the
process for meeting these commitments. I
am attaching a copy of the SPP Leaders’ Statement and a copy of the
partnership framework document which provides greater detail on the specific
country commitments and on the program’s background and regional goals.
These documents can also be found at http://www.epa.gov/chemrtk/index.htm.
August 31, 2007
OSHA
has announced an informal public hearing on its proposed rule updating its
personal protective equipment (PPE) design standards, published May 17, 2007.
ASSE’s comment on the rulemaking can be found at http://www.asse.org/professionalaffairs/docs/071607OSHAstandardsPPE%20e.doc.
The
hearing in
OSHA
has released a new instruction on its Hazardous Waste Operations and Emergency
Response (HAZWOPER) Standard. The
instruction updates policies and provides clarification to ensure uniform
enforcement of paragraph (q) of the Hazardous Waste Operations and Emergency
Response Standard (HAZWOPER), 29 CFR 1910.120 and 1926.65, which covers
emergency response operations for releases of, or substantial threats of
releases of, hazardous substances without regard to the location of the hazard.
The instruction can be found at OSHA
HAZWOPER Instruction (http://www.osha.gov/OshDoc/Directive_pdf/CPL_02-02-073.pdf.
6:30
p.m. EDT August 10, 2007
Friends
and police officers are remembering a former
After
retiring from the state police a decade ago, Lazar became safety director of
Liberty Transportation, a local trucking company.
On
Wednesday, he went to suburban
August 16, 2007
The
National Nanotechnology Coordination Office (NNCO), on behalf of the Nanoscale
Science, Engineering, and Technology (NSET) Subcommittee of the Committee on
Technology, National Science and Technology Council (NSTC), has posted a
document for public comment at http://www.nano.gov
entitled The Prioritization of Environmental, Health, and Safety Research
Needs for Engineered Nanoscale Materials: An Interim Document for Public Comment.
The document assigns priority to research needs and areas identified in
the NSET Subcommittee document, Environmental, Health, and Safety Research
Needs for Engineered Nanoscale Materials, published on September 21, 2006.
Comments are due by September 17, 2007. The
document can be directly accessed at http://www.nano.gov/html/society/ehs_priorities.
For more info, contact Cate Alexander Brennan, National Nanotechnology
Coordination Office at
http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/E7-16077.htm
An
enhanced Compliance
Assistance Specialist (CAS) Directory is now available on OSHA's Web site.
This new directory allows users to find their local compliance assistance
specialist (CAS) by directing them to the nearest OSHA Area Office.
Users in state plan states are provided with contact information for
their state agency. http://www.osha.gov/dcsp/compliance_assistance/cas_directory_auto.html
NIOSH
has released a new safety and health topic page for workers with developmental
disabilities, available at http://www.cdc.gov/niosh/topics/wdd/
August 14, 2007
MSHA
extended the comment period for its Emergency Temporary Standard on sealing
abandoned areas of underground coal mines published on May 22, 2007 (72 FR
28796). The extension gives commenters additional time to review recently posted
documents on MSHA's Web site and a recently published report from NIOSH,
``Explosion Pressure Design Criteria for New Seals in U.S. Coal Mines'' (NIOSH
Publication No. 2007-144, July 2007). The
comment period will close September 17, 2007.
http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/07-3977.htm
August 10, 2007
The
Department of Labor has amended regulations governing the employee protection
(``whistleblower'') provisions of Section 211 of the Energy Reorganization Act
of 1974 to implement statutory changes enacted into law on August 2005 as part
of the Energy Policy Act of 2005. The
regulations also make the required procedures for handling retaliation
complaints as consistent as possible with the more recently promulgated
procedures for handling retaliation complaints under other employee protection
provisions administered by OSHA. This
interim final rule is effective on August 10, 2007.
Comments are due October 9, 2007.
http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/E7-15539.htm
From
NIOSH –
Responding
to the Aug. 1 collapse of an interstate highway bridge in
Preventing
work-related injuries and illnesses at rescue and recovery sites involves
strategic planning to anticipate potential hazards and strategic management of
operations based on conditions at the site. Because disaster sites pose a
multitude of health and safety concerns, an accurate assessment of all hazards
may not be possible because they may not be immediately obvious or
identifiable.
Often,
rescue personnel must select protective measures based on limited information.
In addition to the hazards of direct exposure, workers are also subject to
dangers posed by the unstable physical environment, the stress of working in
protective clothing, and the emotional trauma of the situation.
As
a rule, NIOHS added, strategic measures to manage potential occupational
hazards at rescue and recovery sites should include:
1.
Development
of a work plan for operations and periodic review and updating of the plan as
more information about site conditions is obtained.
2.
Development
of a site safety checklist that assigns responsibilities for safety management
and describes needed safety and health duties.
3.
Designating
a field team leader and developing a checklist to help the leader oversee the
preparation, training, and deployment of volunteers; enforce site control;
enforce the buddy system; and notify the site safety officer or supervisor of
unsafe conditions.
4.
Identification and management of
potential hazards from debris and unstable work surfaces, noise, respirable
dust, heat stress, confined spaces, chemical exposures, traumatic stress,
electricity, carbon monoxide, contaminated water, and other hazards that may
exist at the emergency site.
More
NIOSH information and resources on emergency response are available at www.cdc.gov/niosh/topics/emres/natural.html
or toll-free at 1-800-35-NIOSH (1-800-356-4674).
A
study in the journal "Environmental Health Perspectives" that was
conducted by
August 10, 2007
DoT’s
Pipeline and Hazardous Materials Safety Administration (PHMSA) has issued a
notice describing and inviting comments on the its ongoing efforts to identify
and address the short-, medium-, and long-term opportunities and challenges
associated with transporting biofuels. The PHMSA is seeking comments on
technical issues, adequacy of standards, and research and development needs
associated with the transportation of biofuels by pipeline, as well as on the
agency's ongoing efforts to prepare communities and emergency responders to
mitigate hazards associated with transportation involving new fuels.
PHMSA, in coordination with the Department of Energy, Department of
Agriculture, and others, is considering current and future transportation
challenges posed by growing demand for ethanol and other biofuels and biofuel
blends. Now, most biofuels used in
the
http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/E7-15615.htm
August 9, 2007
PHMSA is amending the Hazardous Materials Regulations (HMR) to tighten the safety standards for transportation of lithium batteries, including both primary (non-rechargeable) and secondary (rechargeable) lithium batteries. PHMSA is adopting with minor changes the HMR amendments published in an interim final rule in December 2004, imposing a limited prohibition on the transportation of primary lithium batteries and cells as cargo aboard passenger-carrying aircraft. In addition, PHMSA is adopting many of the proposed changes to the HMR published under the April 2002 NPRM – (1) Eliminating a hazard communication and packaging exception for medium-size lithium cells and batteries of all types transported by aircraft or vessel; (2) revising an exception for small lithium batteries and cells of all types to require testing in accordance with the UN Manual of Tests and Criteria; and (3) revising an exception for consumer electronic devices and spare lithium batteries of all types carried by airline passengers and crew. These amendments will enhance transportation safety by reducing fire hazards associated with lithium batteries and harmonizing US and international standards. The effective date is January 1, 2008, and voluntary compliance October 1, 2007.
http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/E7-15213.htm
August 13, 2007
PHMSA
and the U.S. Nuclear Regulatory Commission (NRC) seek comments on issues or
problems concerning requirements in the International Atomic Energy Agency (IAEA)
Regulations for the Safe Transport of Radioactive Material (referred to as
TS-R-1). IAEA is considering
revisions to the TS-R-1 regulations as part of its review cycle for a 2011
edition.
Comments
are due September 5, 2007.
http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/E7-15741.htm
From
EPA press release –
(
The owner of Environmental Compliance Training was charged in federal court on
Aug. 22 with falsely reporting the school had trained dozens of individuals to
conduct asbestos removal work. One employee of the company was also charged, in
a case jointly investigated by the U.S. Environmental Protection Agency and the
United States Attorney for the District of Massachusetts.
Albania DeLeon, of
The indictment alleges that from approximately 2001 to 2006, DeLeon owned and
operated a certified asbestos training school located in
Under federal and state law, anyone interested in working in the asbestos
abatement industry must complete a 32-hour introductory training course.
DeLeon's company offered these courses on a weekly basis and issued certificates
of completion to participants.
If convicted on these charges, DeLeon and Garcia face up to five years in
prison, to be followed by three years of supervised release and a $250,000 fine.
Asbestos, which is commonly used in thermal insulation and other building
materials, is a carcinogen and exposure can result in serious or fatal
respiratory diseases, including lung cancer.
The case was investigated by EPA, Immigration Customs and Enforcement, Internal
Revenue Service, U.S. Social Security Administration, U.S. Department of State,
and the Massachusetts Insurance Fraud Bureau.
More information on asbestos and asbestos containing materials: http://www.epa.gov/asbestos/
More information on EPA's Criminal Enforcement program: http://www.epa.gov/compliance/criminal/index.html
Help EPA protect our nation's land, air and water by reporting
violations: http://www.epa.gov/tips
From
EPA press release –
Washington,
D.C. – Friday, Aug. 17, 2007
Dennis Rodriguez of El Paso, Texas, was sentenced yesterday to five months in
prison for violating hazardous waste transport law while operating his company,
North American Waste Assistance, located in the same city. Rodriguez was also
sentenced to five months home confinement, two years of supervised release and
ordered to pay a $10,000 fine.
Under a plea agreement reached last February, Rodriguez admitted to one count of
making a false statement in a manifest (tracking record) used to transport
hazardous waste, and to two counts of transporting hazardous waste to a facility
that was not authorized to accept hazardous waste
Both Rodriguez and his company were indicted in November 2005 for the hazardous
waste violations. According to the indictment, Rodriguez and his company were
hired to dispose of over of 155 gallon drums of construction-related waste.
Approximately 75 of the drums contained petroleum-based concrete curing
compound, which is classified as a flammable hazardous waste. In March 2002,
Rodriguez and his company transported the drums using several hazardous waste
manifests that stated that the drums contained non-hazardous waste. Rodriguez
illegally disposed of the drums at landfills in Avalon,
The case was investigated by the EPA's criminal investigation program, with
assistance from the Texas Commission on Environmental Quality, and was
prosecuted by the Department of Justice Environmental Crimes Section and the
U.S. Attorney's Office for the Western District of Texas.
More information on Hazardous Waste:
http://www.epa.gov/epawaste/index.htm /
http://www.homeservicesengine.com/articles/tips_household_hazardous_waste.html
More information on Criminal Enforcement: http://www.epa.gov/compliance/criminal
Help EPA protect our nation's land, air and water by reporting violations: http://www.epa.gov/tips
