Occupational Safety & Health Reporter: Current Reports Index-Summary

RADIATION

– Energy Employees Occupational Illness Compensation Program, Fla. resident payouts, In Brief, 122
– Oak Ridge, DOE gives OSHA authority for worker safety and health over 2 buildings, land, 683
– Ultraviolet radiation, NIOSH releases guidance on TB control systems, 283

RAILROADS

– Asbestos exposure

– – Fear of developing cancer, court's refusal to give jury instruction on “genuine and serious” error (U.S., rev grant and rem), 454
– – General release signed as part of separation agreement, does not bar toxic tort claims under FELA (W.Va.), 247
– – State filing requirements for claims not preempted by FELA or LBIA (U.S., rev den), 46

– Falls, FELA does not prohibit addition of OSHA standards as evidence (Pa. Super. Ct.), 690
– High-speed rail, worker safety provisions included in ARRA construction guidelines, 520
– Neck injury could have been caused by rough track, summary judgment denied (M.D. Tenn.), 69
– Passenger rail systems, lack of oversight could have played role in D.C. crash, Hall says, 521; NTSB urges enhanced safety redundancy, 591
– Positive train control systems, FRA proposes rule, 643
– Railcar repair company faces fines for confined spaces, noise violations at Ala. facility, 876
– Tank car explosion at fuel terminal injures worker, petrochemical company, others not negligent (Ohio Ct. C.P.), 412
– Toxic torts

– – Hypothesis based on unreliable evidence, inconsistent methodology rejected (W.Va. Cir. Ct.), 554
– – Study cited by expert in FELA case need only show positive association between agent, disease (Neb.), 224

– Transportation appropriations bill includes $50M for safety grants, 809
– Utility van brakes defective, state violation should not influence damage award under FELA (7th Cir.), 456
– Whistleblower protection, OSHA orders commuter service railroad to take corrective action, pay $300,000 to 4 employees, 519

REACH SYSTEM

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

RECORDKEEPING AND REPORTING

– Accidental releases of chemicals, CSB seeks comments on possible reporting rule, 522; industry associations oppose rule, N.J. state official supports, 703
– Controlling employer reporting of contractor, temporary worker injuries

See LEGISLATION, FEDERAL, HR 242

– Fatalities, home remodeling store employee found injured in parking lot, citation against employer for failing to report fatality within 8 hours dismissed (RevComm), 841
– Injuries and illnesses

– – Fabricator faces fines for alleged violations at 3 Ga. plants, 593
– – Federal agencies, rule change allows collection of data on annual basis, analyst tells FACOSH, 547
– – Musculoskeletal disorders, OSHA should reinstate column into injury log, Mirer says, 444
– – OSHA priority under new administration, White tells symposium, 347
– – Postal employee wrongfully fired for reporting health problems, DOL alleges (W.D. Wash.), 598
– – Poultry industry, S.C. audit finds underreporting for 2007, 876
– – Underreporting

– – – AFL-CIO report calls for OSH Act reforms, 346
– – – National emphasis program, OSHA launches, 851

– Large employers with multiple worksites

See LEGISLATION, FEDERAL, HR 2113

– National emphasis programs

– – Injury recordkeeping, OSHA developing program to examine completeness, 611
– – Injury reporting, OSHA developing program to examine accuracy, 237

– Respiratory protection, medical evaluation questionnaires must be kept, stored apart from other records, OSHA interpretation, 871

RECYCLING

– Paper company faces fine for machine guarding violations at N.Y. plant, 574
– Waste recycler faces fine for safety violations at Fla. facility, 814

REFINERIES

– BP Am. pays fines, corrects hazards at Ind. plant, In Brief, 31
– Caribbean Petroleum Corp. storage refinery explosion, CSB to investigate, In Brief, 926
– Petrochemical worker safety and health, educational council forms alliance with OSHA, 616
– Process safety management

See PROCESS SAFETY MANAGEMENT

– 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

REFUSAL TO WORK

– Pipeline workers' complaints protected by whistleblower provisions, refusal to work not, arbitration board rules, 595; employers view decision as positive precedent, attorney says, 639

REGISTRATION

– Pesticides, EPA says major documents left out of reregistration decisions for 2 antimicrobials, 791

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

– First substance restrictions submitted by European Chemicals Agency, 450
– Ireland plans to inspect 1,200 industrial facilities to ensure compliance, 286
– Nanomaterials regulation, In Brief, 11
– Trade union confederation seeks expansion of list of chemicals subject to restrictions, 263

REGULATORY REFORM

– Canada, Newfoundland and Labrador unveil new worker safety regulations, 710
– Improvement of regulatory process, comment period extension, 240; advocacy groups urge more limited role for OMB regulatory policy office in comments, 284; worker advocates call for reforms during panel discussion, 429
– Public participation, Obama administration launches website providing interaction with developers of rulemaking website, 430
– Transparency, Federal Register publishing format, In Brief, 859

REGULATORY REVIEW

– White House revokes Bush executive order, directs review of Clinton order, 120

RELIGIOUS FREEDOM RESTORATION ACT

– Beards worn for religious reasons, fire department no-beard policy violates act (D.C. Cir.), 202

REPRODUCTIVE HAZARDS

– Cal. Proposition 65, automatic listing affirmed (Cal. Super. Ct.), 371
– DBCP exposure

See generally DBCP (96-12-8)

– Hazardous drugs, NIOSH seeks comments on temporary reassignment of pregnant workers, 784

RESEARCH AND DEVELOPMENT

– Asbestos, Natl. Acads. Inst. of Medicine begins review of road map, 61; scientist supports, mining industry opposes use of term “elongated mineral particles,” 259
– Asthma irritants and sensitizers, NIOSH calls for studies, In Brief, 306
– Behavioral safety, study finds areas warranting further investigation, 79
– Construction program, NIOSH seeks comments on draft plan, 729
– Nanomaterials

See generally NANOTECHNOLOGY

– NIOSH

– – FY 2009 funding increase allows agency to proceed with plans, Durst says, 326
– – History, former director Howard reviews management, advises adherence to performance orientation in journal article, 405
– – Section heads give updates on ongoing projects, 327

– Traumatic injuries, NIOSH responds to program audit with draft plan, 729

RESPIRATORY ILLNESSES

– H1N1 virus

See generally H1N1 VIRUS

– Imaging, Weissman updates science board on NIOSH project, 327
– Influenza

See INFLUENZA VIRUS

– Lung function problems persist in World Trade Center responders, study finds, 117
– Platinum salts and compounds, EPA issues draft toxicological review, 119
– Trichloramine irritation at indoor water park likely due to disinfection byproduct, poor ventilation, CDC reports, 118

RESPIRATORY PROTECTIVE DEVICES

– Analytical instrument producer fined for violations at Mass. plant, 687
– Approval testing

– – Closed-circuit escape respirators, industrial hygiene group supports NIOSH proposal, 304; NIOSH extends comment period for closed-circuit escape respirators, 451
– – Quality assurance, industrial hygiene group supports NIOSH proposal, 304; comment period reopened, In Brief, 453

– Beards worn for religious reasons, fire department no-beard policy violates Religious Freedom Restoration Act (D.C. Cir.), 202
– Diacetyl, Cal. proposes exposure regulation, 855
– Dodecanoic acid, EPA issues significant new use rules, 571
– Firefighters, no-beard policy violates religious bias law (D.C. Cir.), 202
– Fit testing

– – Airborne diseases, Cal. proposes rule, 173; revision, In Brief, 306; state approves rule, union urges federal OSHA to follow suit, 422; Cal/OSHA meeting, In Brief, 527; administrative law office approves standards, 567; employers struggle to meet compliance deadline, 614
– – Bitrex protocol, OSHA withdraws proposal, AFL-CIO supports decision, 548
– – Portacount quantitative method, OSHA proposal seeks to add 2 protocols, 30; NIOSH, AFL-CIO seek reevaluations of proposed protocols, 238

– H1N1 influenza

– – Border officers, Homeland Security Dep't policy denying use

– – – Appropriations bill amendment

See LEGISLATION, FEDERAL, HR 2892

– – – Union, agency reach agreement to allow voluntary use, 660
– – – Voluntary use of respirators

See LEGISLATION, FEDERAL, HR 2200

– – – Witnesses critical at congressional hearing, 405; union criticizes policy at hearing, 494

– – Cal. releases 25 million respirators for distribution to health care facilities to replenish depleting stocks, 918
– – CDC revises guidance for health care personnel following criticism, 344; union finds state health departments disregarding guidance, 384; unions urge retention of current guidelines, 518
– – Compliance directive, OSHA prepares for issuance, 853
– – Quick Card guidance, OSHA issues for health care personnel, 384
– – Surgical masks, CDC suggests lowering recommendations for health care workers from respirator use, 701; Inst. of Med. recommends N95 respirators over masks for workers interacting with suspected, confirmed patients, 758; CDC revises guidance to include N95 respirator use, 900

– Last-minute rulemaking by Bush administration, Obama orders hold on pending regulation, 81
– Lead hazards, N.H. foundry faces fines following inspection, 925
– Medical evaluation questionnaires must be kept, stored apart from other records, OSHA interpretation, 871
– Nanotubes, EPA issues significant new use rules, 552; EPA will continue to regulate on case-by-case basis, 591; EPA withdraws rules, 732; industry should prepare for federal regulation despite withdrawal of rules, industrial hygenist tells conference, 786
– NIOSH certification, OSHA clarifies conflict preemption position, 63
– Protection factors, OSHA releases guidance, 261
– Silicosis, maker cannot pursue establishment of non-settling insurer's duty in event of future contribution action (E.D. Wis.), 100
– Standards development, In Brief, 503
– Stockpiling for influenza outbreak, OSHA readies guidance, Maddux tells conference, 547
– Workplace culture effects on use, Boord updates science board on NIOSH project, 327

RETAIL INDUSTRY

– Black Friday trampling death, Wal-Mart faces fine, 429
– Home remodeling store employee found injured in parking lot, citation against employer for failing to report fatality within 8 hours dismissed (RevComm), 841
– Landscaping timbers collapse, store faces fines following fatality at Neb. facility, 616

RETALIATION

– At-will employee has no implied employment contract, summary judgment for employer affirmed (6th Cir.), 12
– Refusal to violate law as cause of termination, ruling for chemical company affirmed (Ky. Ct. App.), 47
– Whistleblowing

See WHISTLEBLOWERS

REVIEW COMMISSION, OSHRC

– Acting chair, Obama names Rogers, In Brief, 156; Obama to nominate Rogers as chairman, 308; White House submits nomination, 330; Senate confirms reappointment to commission, designation as chair expected soon, 371; Rogers sworn in as chair, 413
– ALJ decisions awaiting review posting on Internet, In Brief, 353
– Commissioner shortage problematic, may delay important cases, attorneys say, 734
– Enforcement

– – Activity, review of, 20; 35; 49; 86; 103; 124; 142; 164; 186; 205; 228; 249; 271; 294; 312; 333; 354; 374; 395; 414; 435; 459; 481; 508; 535; 556; 579; 602; 624; 650; 669; 692; 718; 742; 772; 799; 821; 890; 909
– – Amusement park cited for violations at Ill. facility, workers' names redacted, 504
– – Bloodborne pathogens standard, contaminated needles removal from reusable blood tube holders citation upheld (D.C. Cir.), 288
– – Carbon monoxide poisoning at Ill. site, ALJ vacates one citation, reduces others to serious, 666
– – Demolition contractor citations for construction standard violations, ALJ vacates (RevCommJ), 575
– – Excavation, subcontractor liable for building collapse, 690
– – Fatality reporting, home remodeling store employee found injured in parking lot, citation against employer for failing to report within 8 hours dismissed, 841
– – General contractor liable for dangerous conditions to which only subcontractor's employees were exposed, 645; decision not expected to affect major employers, attorney says, 714
– – Lead, citation of violations on per-employee basis upheld, 308
– – Machine shop fails to pay penalties, case remanded to determine if settlement possible (RevCommJ), 576
– – Multiemployer worksites, general contractor may be cited for subcontractors' hazards (8th Cir.), 179; defendant seeks rehearing en banc, 288
– – Notice of contest, ALJ to determine adequacy of roofing company's challenge of fall protection citations (RevComm), 860
– – OSHA complaint filed late, ruling against OSHA reversed after parties reach settlement agreement, 843
– – Pipe cutting machine unguarded, trainee injured hand, review granted, 713
– – Poultry processing, penalty upheld in fatality involving employee trapped by pallets in freezer, killed by fire started by cutting torch at Miss. plant (5th Cir.), 885
– – Process safety, flare line repair at Okla. plant temporary, willful violation upheld (10th Cir.), 735
– – Sugar refinery explosion and fire, Review Comm'n sets hearing date for Imperial Sugar appeal of $8.8M fine, 281

– Job safety outlook, 2009, SplRpt (1/22/09) S–13
– Performance Review Bd., 4 members appointed, 505
– Strategic plan, commission issues draft 2010-2015 plan, 764

RHODE ISLAND

– Whistleblowing, pipeline welders' complaints protected, refusal to work not, arbitration board rules, 595; employers view decision as positive precedent, attorney says, 639

RISK ASSESSMENT

– Asbestos, lung cancer risk elevated in workers with indirect exposure, study finds, 682
– Cancer, Ontario establishes workplace cancer research center, 199
– Chlordecone, EPA issues final toxicological review, 838
– Cyanide salts, EPA proposes to reduce risk values, 837
– DOL “secret rule”

– – N.J. legislature urges DOL to reject proposal, 5
– – OSHA withdraws proposed rule, 753
– – Priority lacking, no action on proposal as Bush administration enters final days, 42

– Formaldehyde, high-intensity exposures linked to increased cancer risk, study finds, 425
– H1N1 virus, OSHA developing web-based tool in preparation for fall, 587
– Herbicide exposure linked to pancreatic cancer risk, study finds, 448
– Hydrogen cyanide, EPA proposes to reduce risk values, 837
– Lead, bone levels more accurate predictor of mortality than blood levels, study finds, 810
– Nanoparticles

– – Constraints including lack of regulatory definition, official tells EU workshop, 786
– – Consumer products, safety commission should conduct further studies of use in children's products, 761
– – Human toxicity, study finds link, other researchers question conclusions, 704
– – Traditional methods available, can be used, speakers tell workshop, 812

– Nitrobenzene, EPA final review lowers certain risk values than originally proposed, 137
– OSHA standard could be new approach to improve agency effectiveness, panel tells conference, 444
– Platinum salts and compounds, EPA issues draft toxicological review, 119
– Significant new use rules

– – EPA issues for 23 chemicals, 552; EPA issues for dodecanoic acid, 571

– Silica, OSHA to expedite rulemaking by accepting comments on proposed rule at the same time, 700
– Skin hazards, NIOSH develops new notations approach for chemicals, 612
– TCDD cancer risk, Italian study, In Brief, 815

RISK MANAGEMENT

– Control banding, NIOSH urges OSHA, employers to adopt strategy, 728
– Nanoparticles

– – Best practices, loss prevention specialist tells conference employers should be overly conservative, 469
– – Canadian organizations issue guide, 121
– – Carbon nanotubes, UK issues guidelines, 198
– – Commercial distribution, eliminating exposure best way to protect workers, speakers tell webinar, 470
– – Exposure limits, Netherlands to develop, official says, 787
– – Financial regulations need disclosure requirements, advocacy group says, 495
– – Japan issues guidelines to reduce risk of environmental harm, 222
– – NIOSH recommendations, In Brief, 140
– – Practices, NIOSH updates guidance, 261
– – Proactive approach, NIOSH officials advocate in article, 705

– Prevention Through Design, NIOSH releases draft risk reduction plan, 423

ROLLOVER PROTECTION

– Compact excavators, ACCSH recommends OSHA include in earthmoving equipment protective measures, 662
– Tractors, study calls for incentive programs to increase use, 43

ROOFS AND ROOFING

– Cal. roofer sentenced, fined following workers' falls through skylights (Cal. Super. Ct.), 349
– Conn. roofer faces fine for alleged hazards, 428
– Fla. company faces fine following fatal fall, 219
– Manufacturer faces fine for energy control lapses at Ga. plant, 477
– Mass. contractor faces fine for alleged fall, scaffold hazards, 368
– Neb. roofer faces fine for lack of fall protection, 324
– Notice of contest, ALJ to determine adequacy of challenge of fall protection citations (RevComm), 860