Occupational Safety & Health Reporter: Current Reports Index-Summary

ECONOMIC POLICY

– American Recovery and Reinvestment Act

See AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA)

– DOL “as-needed” funds, industrial hygienists urge Solis to appropriate funds for worker safety, 218
– House passes stimulus bill, contains new OSHA, NIOSH appropriations, 75; further action, see LEGISLATION, FEDERAL, HR 1
– Middle Class Working Families Task Force to examine safety and health issues, 97

EDUCATIONAL INSTITUTIONS

– Electromagnetic fields, Cal. university investigates possible link to breast cancer at campus building, 178
– Laboratory fire kills one, Cal. university faces fines, 369
– Mechanical systems contractor faces fines for confined spaces violations at Mass. college, 408
– Smithsonian Institution asbestos exposures

– – Knowing exposure, worker files complaint, 220; museum admits knowledge of asbestos, denies retaliation against whistleblower, 241
– – Officer resigns, In Brief, 306
– – Threat under control, Clough tells Congress, 282

– Teachers lack standing to compel expulsion rather than suspension of students who attacked them in classroom (Mich. Ct. App.), 162

ELECTIONS

– Health groups say worker protection should be top priority for Obama administration, Congress, 78

ELECTRIC POWER GENERATION, TRANSMISSION, AND DISTRIBUTION

– Approach distance, OSHA reopens record, schedules hearing, 779
– Arc flash from electrical bus, Ontario utility faces fine for safety violations after serious injury, 815
– Cranes and derricks, utilities urge removal of obligations, 544
– Hydroelectric plant fire, indictment charges 2 individuals, 3 companies in 5 deaths (D. Colo.), 765
– Louisiana firm earns Voluntary Protection Program status, In Brief, 478
– Regulatory agenda, OSHA publishes semiannual list, 388
– Steam plant faces fines for alleged fire violations at N.H. facility, 615

ELECTRICAL EQUIPMENT AND HAZARDS

– Analytical instrument producer fined for violations at Mass. plant, 687
– Arc flash, contractor faces fine for violations at Conn. site, 761
– At-will employee has no implied employment contract, summary judgment for employer affirmed (6th Cir.), 12
– Brewery faces fine for violations at Colo. plant, 686
– Mining, Ontario announces targeted enforcement action, 644
– Power lines

– – Construction company faces fines following fatal electrocution at Tex. site, 709
– – Jury instructions improper, new trial ordered in case of electrocuted apprentice linesman (7th Cir.), 309

– Reassembly of irreparable tools may violate OSH Act, OSHA interpretation, 731
– Refinery faces fine for violations at Okla. plant, 687
– Static electricity, employers required to pay for protective footwear, OSHA interpretation, 708
– Tortilla maker faces fines for violations at Ga. facility, 877

ELECTROMAGNETIC FIELDS

– Cancer, Cal. university investigates possible link at campus building, 178

ELECTRONIC PRODUCTS

– Chemical hazards, South Korea semiconductor companies launch investigation, 500

ELECTROPLATING

– Canada publishes final rules limiting hexavalent chromium emissions, 570
– Monitoring, Okla. plant faces fines for failure to monitor hexavalent chromium, 789

EMERGENCY PLANNING AND RESPONSE

– Chlorine gas mass exposure, study recommends hospitals stockpile ventilators, 10
– Disaster cleanup, OSHA announces voluntary training program, 10
– Falls, employers should develop rescue plans, conference told, 475
– Fire retardant products company faces fines following chemical leaks at W. Va. plant, 220
– Firefighters

See FIREFIGHTERS

– Hazardous materials transportation, shipping documents must provide shipper's contact information under revised rule, 922
– Influenza pandemic

– – Health care workers at risk, U.S. unprepared, congressional report says, 80
– – PandemicPrep.Org, OSHA form alliance to raise awareness, 45
– – Survey finds preparation lacking, unions urge OSHA rulemaking to protect health care workers, 325
– – Vaccinations against H1N1 virus should be given to emergency responders, advisory committee recommends, 659

– Mining, refuge alternatives for underground coal mines, final rule requires life-sustaining environment, 8
– Notification, W. Va. governor signs bill requiring reporting of industrial accidents within 15 minutes of discovery, 446
– Personal protective equipment, fire protection association updates equipment recommendation for emergency medical technicians, 117
– Public health and chemical exposures, national conversation launch, 550
– Responder safety and health crucial in planning, CDC report says, 118
– World Trade Center site

See generally WORLD TRADE CENTER

EMOTIONAL DISTRESS

– Fear of developing cancer, court's refusal to give jury instruction on “genuine and serious” error (U.S., rev grant and rem), 454
– Sick building syndrome, employee fired after alleging symptoms, claims allowed (N.D. Ill.), 15

ENFORCEMENT

See also specific activities and industries
– Compliance assistance, OSHA prepares small business outreach, 568
– Congressional hearings scheduled, seen as prelude to OSH Act reform, 322
– Defense-related agency compliance with environmental, worker safety laws

See LEGISLATION, FEDERAL, HR 672

– DOL solicitor nominee Smith vows to bring proactive enforcement at confirmation hearing, 387; Enzi (R-Wyo) requests withdrawal of nomination due to inconsistencies in testimony, 730
– Emphasis programs

See specific subject of program

– Enhancement program, OSHA's failure to implement may have cost lives, report says, 277; Fairfax, Solis announce hiring of more inspectors, 339; Barab tells House hearing OSHA will expand program, refer criminal cases for prosecution, 364
– Field Operations Manual, OSHA releases revision, inspectors, union critical, 59; revision released without union input, temporarily on hold, 97; OSHA releases revised manual, industry expresses concern over settlement reforms, 280
– Inspections

See INSPECTIONS AND INVESTIGATIONS

– Interpretation letters

See INTERPRETATION LETTERS

– Job safety outlook, 2009, SplRpt (1/22/09) S–5
– Mining, job safety outlook, 2009, SplRpt (1/22/09) S–10
– OSH Act reform

See OCCUPATIONAL SAFETY AND HEALTH ACT (OSH ACT)

– Penalties

See PENALTIES

– State plans, Foulke predicts increased activity in 2009, 244

ENTERTAINMENT INDUSTRY

– Broadcasting, Hispanic TV station joins Voluntary Protection Program, In Brief, 266
– Cruise ship dancer injured before sailing not seaman under Jones Act (5th Cir.), 796

ENVIRONMENTAL IMPACT ASSESSMENTS (EIAs)

– Brazil requires licensed projects to reduce impacts on workers, 711

ENVIRONMENTAL JUSTICE

– Pesticides, farmworker groups ask EPA to reconsider decision allowing soil fumigant use, 526

ENVIRONMENTAL PROTECTION AGENCY (EPA)

– Appropriations bill

See LEGISLATION, FEDERAL, HR 2996

ENVIRONMENTAL TOBACCO SMOKE

See generally SMOKING

EPA

See ENVIRONMENTAL PROTECTION AGENCY (EPA)

EQUIPMENT

See MACHINERY AND EQUIPMENT

ERGONOMICS

– AFL-CIO discusses safety and health priorities for 2009 at meeting, 75
– Business groups preview strategy to counter possible rulemaking by discounting supporting science, 869
– Congress prefers OSHA to take lead on addressing hazards, advisor tells conference, 132; issue ranks as lower priority, no action expected this year, House aide says, 172
– Construction industry, coalition demonstrations solutions at workshop, 221
– General duty clause

– – Evidentiary requirements limit use, Galassi tells hygienists' conference, 467
– – Inspections, OSHA will use to cite hazards, Barab tells nurses' conference, 361

– Industrial hygienists' association reaffirms statement emphasizing regulatory standards over voluntary measures, 917
– Inspections, Ontario to conduct workplace safety blitz, 243
– Job safety outlook, 2009, SplRpt (1/22/09) S–5
– Lifting

See LIFTING

– Mich. OSHA approves draft rule, 60; state Senate approves bill prohibiting finalization of rule, 114
– Older workers, prevention of musculoskeletal disorders key to protection, CDC consultant tells small business forum, 569
– OSHA priority, Barab tells conference, 543; Barab tells Wis. AFL-CIO issue still on agenda, 830
– Recordkeeping, OSHA should reinstate column into injury log, Mirer says, 444; appropriations bill report urges OSHA to consider recording in separate column in injury log, 633
– Shipbuilding, MACOSH study top priority, 262
– Wash. repealed standard failed to gain acceptance due to lengthy implementation period, study suggests, 155

ETHYLENE OXIDE (75-21-8)

– Small businesses, OSHA publishes guidance on standard, 634

EUROPEAN UNION (EU)

– Asbestos, Parliament calls for withdrawal of exemption for certain fibers, 391
– Nanotechnology, risk assessment faces severe constraints, official tells workshop, 786
– REACH system

See REGISTRATION, EVALUATION, AND AUTHORIZATION OF CHEMICALS (REACH) SYSTEM

EVIDENCE

– Asbestos NESHAP violations, government's evidence against utility, employees inadmissible (S.D. Cal.), 769; second status conference scheduled, 798; dismissal of charges, 887

EXCAVATION

See also TRENCHING AND SHORING
– Building collapse, subcontractor liable at Pa. site (RevComm), 690
– Cave-ins

See CAVE-INS

– Compact excavators, ACCSH recommends OSHA include in earthmoving equipment protective measures, 662
– Condomium construction site inspection results in fines against 3 Ontario firms, 879

EXERTION

– Disability, overexertion most common industrial accident, Or. report says, 10

EXITS

– Air traffic control towers, OSHA to continue targeted inspections for safe egress, 665
– Emergency exits, N.J. warehousing company faces fines for alleged safety violations, 139
– Trenching, safe egress required at all times, OSHA interpretation, 706

EXPERT WITNESSES

– Asbestos in brakes, expert reliability to support $2M award to mechanic reaffirmed (Del. Super. Ct.), 330; award affirmed (Del.), 770
– Causation, cited study need only show positive association between agent, disease (Neb.), 224
– Hydrogen sulfide exposure link with brain injury insufficient (D. Neb.), 714
– Lifting, testimony on NIOSH guidelines barred (W.D. Ky.), 530
– Railroad engineer's neck injury could have been caused by rough track, summary judgment denied (M.D. Tenn.), 69
– Ship captain's bladder cancer link to on-the-job exposure not shown (5th Cir.), 372
– Solvent exposure, hypothesis based on unreliable evidence, inconsistent methodology rejected in FELA case (W.Va. Cir. Ct.), 554

EXPLOSION PROTECTION

– Asphalt cement tank explosion caused by propane torch, Ontario paving company fined, 11
– BP Prods. N. Am. Texas City refinery explosion and fire

– – Plea agreement accepted (S.D. Tex.), 225
– – Safety improvements still needed 5 years later, OSHA says, 830

– Caribbean Petroleum Corp. storage refinery, CSB to investigate, In Brief, 926
– Delek US Holdings faces fine for violations at Tex. plant, 452
– Extremely hazardous chemicals, caramel coloring maker settles CAA violations (W.D. Ky.), 740
– Firearms maker faces fine for multiple alleged violations at N.H. plant, 499
– Food plant in N.C.

– – Contractor negligence blamed in suit (N.C. Super. Ct.), 507
– – CSB dispatches team to investigate fatal blast, 467; CSB examining role of gas-fired water heater in blast, 522; CSB rejects investigation recommendations, will consider revised safety bulletin, 780

– Fuel terminal explosion injures worker, petrochemical company, others not negligent (Ohio Ct. C.P.), 412
– Gasoline additive manufacturing laboratory blast and fire

– – OSHA revising process safety management rule in response to accident, 807
– – Reactor cooling system inadequacies likely cause, CSB reports, 781

– Mining company sued for failure to pay fines assessed after fatal blast (E.D. Ky.), 123
– Mononitrotoluene release, Miss. chemical maker settles CAA charges (S.D. Miss.), 738
– Pesticide plant in W. Va.

– – Confidentiality claim under security law delays public hearing, 171; CSB reschedules hearing, 214; Coast Guard approves slide presentation CSB plans to give at hearing, 302
– – Hazardous waste permit for chemical tank lacking, W. Va. regulators say, 362
– – House panel launches investigation, 214; panel grills Bayer on reaction to accident, 319; congressional committees seek full review of plant's methyl isocyanate use, 361
– – Methyl isocyanate, CSB study

See LEGISLATION, FEDERAL, HR 2996

– – Process safety lapses likely cause of thermal runaway reaction leading to blast, CSB says, 344; company to spend $25M to improve safety, reduce methyl isocyanate storage, 755

– Sugar refinery explosion and fire

– – Appeal of $8.8M fine, Review Comm'n sets hearing date, 281
– – CSB report says incident preventable, company accepts recommendations, 833; CSB releases safety video on explosion, 872

EYE AND FACE PROTECTION

– General contractor, subcontractors face fines for violations at Guam construction site, 814
– Seafood processor compliant with Jones Act, OSHA standards (W.D. Wash.), 47
– Structural steel bridge parts maker faces fine for violations at Conn. facility, 813