Occupational Safety & Health Reporter: Current Reports Index-Summary

SAFETY AND HEALTH PROGRAMS

– Hanford Nuclear Reservation, DOE seeks comments on petition for rulemaking, 922
– OSHA priority under new administration, White tells symposium, 347
– Prevention Through Design, NIOSH releases draft risk reduction plan, 423

SANITATION FACILITIES

– Bridge painting company faces fine for safety violations, 98

SAWS

– Radial saws, Tex. construction materials maker faces fine for alleged violations, 501

SCAFFOLDS

– Collapse at Miss. power plant results in fines against insulation company, 265
– Fire escape equivalent for liability purposes (N.Y. App. Div.), 533
– Guardrails lacking, Tex. construction company faces fines for alleged violations at 3 sites, 707
– High-rise condominium accident kills 3 at Tex. site, OSHA investigates, 500
– Mast climbing standard could be in place this year, conference told, 158
– Property owner liability, business group challenge of N.Y. laws fails (2d Cir.), 712
– Provision of materials does not satisfy safety rule (N.Y. Sup. Ct. App. Div.), 576
– Roofing contractor faces fines for alleged hazards at Mass. site, 368
– Training, OSHA releases material, In Brief, 794

SCHOOLS

See EDUCATIONAL INSTITUTIONS

SCIENTIFIC INSTRUMENTATION

– Particle accelerators, OSHA issues information bulletin on compliance, 900

SEAT BELTS

– Compact excavators, ACCSH recommends OSHA include in earthmoving equipment protective measures, 662
– Construction industry, failure to use most frequently cited in FY2008 under general duty clause, conference told, 157

SEMICONDUCTOR INDUSTRY

– Chemical hazards, South Korea companies launch investigation, 500

SERVICE INDUSTRIES

– Linen rental company faces fine for alleged violations at N.Y. plant, 525
– Refrigeration equipment service company faces fine following fatal fall at Neb. site, 790
– Slip on steps, workers' compensation sole remedy, employer granted summary judgment (E.D. Pa.), 84
– Steam cleaning business settles whistleblowing violations, 282

SETTLEMENTS

– Asbestos, boiler tender on Naval destroyers accepts $3.2M settlement in failure to warn case (Cal. Super. Ct.), 182
– Excavation company settles violations uncovered during inspections of 3 Wis. worksites, 857
– Fall protection, concrete contractor settles violations at N.J. job site with $750,000 fine, 156
– Field Operations Manual, OSHA releases revision, industry expresses concern over §17 designations, 280
– Nuclear facilities, TVA contractor settles charges of false safety reports with $6.2M, 76

SHIPS AND SHIPPING

– Asbestos

– – Boiler tender on Naval destroyers accepts $3.2M settlement (Cal. Super. Ct.), 182
– – Forum, case filed by Spanish nationals will remain in U.S. (Del. Super. Ct.), 532
– – Machinist in Navy exposed, wife due $2.9M damages (Cal. Super. Ct.), 412
– – Naval Equipment Manufacturers to pay $14M to 3 veterans in reverse-bifurcated trial (Pa. Ct. Common Pleas), 353
– – Seaman widow's evidence insufficient, $8M award excessive, new trial ordered (N.D. Ohio), 292
– – Third-party product hazards, equipment suppliers had no duty to warn (Cal. Ct. App.), 182

– Back injuries, 3-year statute of limitations applies to seaman's common law claims of maintenance and cure (6th Cir.), 479
– Bladder cancer link to on-the-job exposure to anti-rusting product, diesel exhaust not shown (5th Cir.), 372
– Coast Guard safety improvements

See LEGISLATION, FEDERAL, HR 2650

– Container stacking at marine terminals, MACOSH study top priority, 262
– Cruise lines

See CRUISE SHIPS

– Dredging, employee invoked admiralty law blocking employer's move for jury trial (E.D.N.C.), 907
– Ferry operated by Wash. corrections agency, federal maritime claims not barred by state workers' compensation law (Wash. Ct. App.), 767
– Fishing industry

See FISHING INDUSTRY

– Jones Act

See JONES ACT

SHIPYARDS

– Dismantlers face fines following inspection at Mass. site, 65
– Drydock faces fine for fatal crane accident at Ontario facility, 121
– Fire protection guidance, In Brief, 432
– Hexavalent chromium guidance, In Brief, 432
– Maritime law does not apply to worker injured on ship under construction (S.D. Miss.), 739
– Personal protective equipment payment by employer, guidance, In Brief, 432

SICK BUILDING SYNDROME

– Retaliatory discharge, employee fired after alleging symptoms, claims allowed (N.D. Ill.), 15

SILICA (7631-86-9)

– Advisory committee work group requests to review guidance documents in advance, OSHA rejects request, 322; OSHA publishes silica exposure guidance without union, advisory committee review, 364; OSHA to expedite rulemaking by accepting comments sinultaneously on risk assessment and proposed rule, 700
– Peer review, OSHA has contracted third party, Maddux tells conference, 547
– Regulatory agenda, OSHA publishes semiannual list, 388
– Tort reform, Okla. governor signs bill, 474

SILICOSIS

– Respirator maker cannot pursue establishment of non-settling insurer's duty in event of future contribution action (E.D. Wis.), 100

SLEEP DISORDERS

– Apnea rate high among truck drivers, study finds, federal testing inadequate, 428

SMALL BUSINESSES

– Compliance assistance, OSHA prepares outreach, 568
– Cranes and derricks, SBA seeks alternatives to operator certification requirements in proposed rule, 63
– Diacetyl and food flavorings, OSHA convenes regulatory review panel, 340; OSHA sends draft proposal to small business representatives, 367; most panel participants urge use of traditional permissible exposure limit, 424; OSHA to issue panel report within next few months, Maddux tells conference, 547; panel recommendations include exemption for naturally occurring diacetyl, 565
– Ethylene oxide, OSHA publishes guidance on standard, 634
– Globally Harmonized System of Classification and Labeling of Chemicals, attorney says review of OSHA proposed rule needed, 443; attorney continues to debate impacts, 754
– Older workers, prevention of musculoskeletal disorders key to protection, CDC consultant tells forum, 569

SMOKING

– Casinos, NIOSH recommends ban after finding evidence of environmental tobacco smoke exposures, 387
– Federal buildings, GSA bulletin prohibits cigarette smoking in owned or leased buildings, 10
– Heart disease reduction seen as result of bans, report says, 903
– Va. ban, House rejects Senate bill, 137
– Wis. ban, governor signs bill covering workplaces, public places, 447

SOCIAL SERVICES

– Safety culture creation, NIOSH calls for research agenda, 756

SOFTWARE

– Noise measurement in mines, In Brief, 733

SOLID WASTE

– Collection company faces fines for new and recurring violations at N.Y. site, 762

SOLVENTS

– Hypothesis based on unreliable evidence, inconsistent methodology rejected in FELA case (W.Va. Cir. Ct.), 554

SOUTH CAROLINA

– Poultry farms underreported injuries and illnesses in 2007, audit finds, 876

SPAIN

– Asbestos exposure case filed by nationals will remain in U.S. (Del. Super. Ct.), 532
– Work-related illnesses, computerized warning system to identify workplaces with higher risk, 200

SPECIAL REPORTS

– Globally Harmonized System for Classification and Labeling of Chemicals studies uncovers MSDS flaws, 50
– H1N1 virus

– – Business preparedness guidelines, 884
– – Nurses' unions oppose mandatory vaccinations, 881

– 2009 job safety outlook, SplRpt (1/22/09) S–5 et seq.

SPORTS INDUSTRY

– Football practice facility collapse prompts OSHA investigation, 368

STAA

See SURFACE TRANSPORTATION ASSISTANCE ACT (STAA)

STATE AND LOCAL GOVERNMENT

See also specific states
– H1N1 influenza outbreak

– – Preparedness grants available, 587
– – Union finds health departments disregarding CDC guidance, 384

– Motor carriers, GAO says Performance and Registration Information Systems Management program potential promising, but effect on driver safety difficult to measure, 407
– Nanotechnology, environment officials seek role in work groups, 732
– Preemption, Obama reverses Bush administration policy, 430
– Training, laws may have unintended consequences, official tells ACCSH work group, 657

STATE PLANS

See also specific states
– Job safety outlook, 2009, SplRpt (1/22/09) S–25
– Rulemaking, Foulke predicts increased activity in 2009, 244

STATISTICS

– Enforcement and cooperative program data, job safety outlook, 2009, SplRpt (1/22/09) S–28
– Fatalities

– – Alberta number rose in 2008, official says, 348
– – Asbestos, malignant mesothelioma rates rise due to latent worker exposure, NIOSH reports, 346
– – Construction industry, non-construction workers at sites suffer higher rates, conference told, 158
– – Contractors, BLS to begin recording in 2011, 135
– – Job safety outlook, 2009, SplRpt (1/22/09) S–28
– – Tree care work death toll spans multiple industries, NIOSH study finds, 347
– – 2007, BLS revision raises total, rate remains lowest ever recorded, 324
– – 2008 number lowest since 1992, weakened economy led to fewer hours worked, BLS says, 727
– – Virginia, 5% increase in 2008 due to workplace violence, report finds, 811

– Injuries and illnesses

– – Alberta number down in 2008, official says, 348
– – High rates, OSHA notifies 13,500 employer of unusually high rates, 323; OSHA selects manufacturing facilities, nursing homes for 2009 targeted inspection program, 752
– – Job safety outlook, 2009, SplRpt (1/22/09) S–28
– – Ontario, brain injuries peak in Oct. for construction industry, study finds, 879
– – Oregon, workers' compensation report says filing of disabling claims at record low in 2008, 790
– – Pipelines, Canada energy board reacts to surge, 710

STATUTES OF LIMITATIONS

– Ind., wrongful death limitations period applies in case based on underlying product liability claim (Ind.), 32
– Maintenance and cure, 3-year period applies to seaman's common law claims arising from back injury (6th Cir.), 479
– Workers' compensation, brucellosis work injury, not disease, claim not time-barred (Iowa), 620

STEEL ERECTION

– Bridge construction, Ill. steel company faces fines for violations, 878
– Fall protection, OSHA plans to rescind compliance directive, Barab tells advisory committee, 700; OSHA revises enforcement policies, 856

STEEL INDUSTRY

See IRON AND STEEL INDUSTRY

STYRENE (100-42-5)

– Proposition 65 listing blocked by temporary ruling (Cal. Super. Ct.), 716

SUBSTANCE ABUSE

– Medical marijuana, safety advocates support Or. bills restricting use on job, 264
– Transportation workers, DOT reinstates observation of urination rule for follow-up and return-to-work tests, 664
– Truck drivers, outgoing FMSCA chief anticipates drug and alcohol results clearinghouse standard, 44

SUGAR INDUSTRY

– Combustible dust, Fla. company faces fine for violations, 218
– 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

SUPREME COURT, U.S.

– Asbestos exposure

– – Fear of developing cancer, court's refusal to give jury instruction on “genuine and serious” error (rev grant and rem), 454
– – FELA or LBIA do not preempt state filing requirements (rev den), 46
– – Johns-Manville bankruptcy settlement, injunction vacated (rvs and rem), 528

– Sotomayor nominated as justice by Obama, 433

SURFACE TRANSPORTATION ASSISTANCE ACT (STAA)

– Whistleblower protections, retroactive application of amendment affects company's rights (8th Cir.), 12

SWINE INFLUENZA VIRUS

See H1N1 VIRUS