Occupational Safety & Health Reporter: Current Reports Index-Summary

WAGES AND SALARIES

– Construction industry, survey finds Austin, Tex. workers underpaid, 549
– Sick pay reimbursement to airline pilots, In Brief, 31

WALKING-WORKING SURFACES

– Stairs, Conn. structural steel bridge parts maker faces fine for violations, 813
– Steps, workers' compensation sole remedy for slip, employer granted summary judgment (E.D. Pa.), 84
– Tugboat deck, police officer slipped, summary judgment for New York City upheld in Jones Act case (2nd Cir.), 455
– Unguarded floors, other violations found at Me. paper mill, 858

WAREHOUSING

– Back injury due to falling pallet, summary judgment under Jones Act denied (W.D. Wash.), 601
– Refrigerated facility faces fines for multiple violations at Mo. site, 790

WARNINGS

– Asbestos

See ASBESTOS (1332-21-4)

– Diacetyl suppliers not liable to workers, flavoring plant sophisticated user (Ohio Ct. App.), 886
– Hydrogen sulfide exposure link with brain injury insufficient (D. Neb.), 714
– Metalworking fluids, automaker sophisticated user, workers' cannot sue bulk chemical suppliers (Mich. Ct. App.), 183
– Vinyl chloride

– – Mass. PVC maker sophisticated user, toxic tort against suppliers dismissed (1st Cir.), 715
– – W. Va. PVC maker sophisticated user, toxic tort against suppliers dismissed (S.D. W.Va.), 797

– Welding rod fumes and manganese exposure, workers file failure to warn suits (E.D. Tex.), 17
– Work-related illnesses, Spain adopts computerized warning system to identify higher-risk workplaces, 200

WASHINGTON

– Asbestos

– – Insulation made by third party, ship engine maker had no duty to warn (Wash. Ct. App.), 647
– – Sales records sufficient to proceed with exposure claim against manufacturers (W.D. Wash.), 764

– Cranes, certification rules, In Brief, 67; state plans to adopt rule requiring operator, crane certification, 216
– Demolition contractor citation for construction standard violations, ALJ vacates (RevCommJ), 575
– Ergonomics, repealed standard failed to gain acceptance due to lengthy implementation period, study suggests, 155
– Falling pallet as cause of warehouse worker's back injury, summary judgment under Jones Act denied (W.D. Wash.), 601
– Grants available, agency seeks safety and health proposals, 553
– Hanford Site

– – Fall protection, contractor accused of failure to complay after millwright injured, 684
– – Safety program, DOE seeks comments on petition for rulemaking, 922
– – Work stoppages, GAO calls for new monitoring, tracking criteria, 472

– Job safety outlook, 2009, SplRpt (1/22/09) S–25
– Lead paint, demolition contractor willfully violated standards (Wash. Ct. App.), 184
– Noise, contractor failed to use feasible controls, penalty upheld (Wash. Ct. App.), 185
– Occupational Safety and Health Div., Silverstein to become assistant director, 783
– Whistleblowing, postal employee fired for reporting health problems, DOL alleges (W.D. Wash.), 598
– Workers' compensation

– – Federal maritime claims not barred by state act (Wash. Ct. App.), 767
– – Notification, claims not final until doctors notified of closing of claims (Wash.), 738
– – Rate hike proposed, 835
– – Refunds, computer error caused overpayments, 136
– – Truck driver injured while driving too fast, time-loss benefits continue for fired, injured worker (Wash. Ct. App.), 667

WASTEWATER AND WASTEWATER TREATMENT

– Facility security

See LEGISLATION, FEDERAL, HR 2868

WELDING, CUTTING, AND BRAZING

– Hexavalent chromium, overexposure could lead to increase in tort liabilities, attorney tells conference, 523
– Manganese exposure from welding rods, workers file failure to warn suits (E.D. Tex.), 17
– Pipelines

– – PHMSA advisory, In Brief, 840
– – Workers' complaints protected, refusal to work not, arbitration board rules, 595; employers view decision as positive precedent, attorney says, 639

WEST AFRICA

– Fruit workers properly filed separate DBCP exposure suits to avoid class jurisdiction (9th Cir.), 293; (U.S., rev den), 886

WEST VIRGINIA

– Asbestos, railroad worker signed general release as part of separation agreement, no bar to toxic tort claims under FELA (W.Va.), 247
– Emergency response, governor signs bill requiring reporting of industrial accidents within 15 minutes of discovery, 446
– Fire retardant products plant faces fines following chemical leaks, 220
– Mine ventilation controls removed, Aracoma settles charges involving fatalities with $4.2M fine (S.D. W. Va.), 15; Aracoma pleads guilty to willful violations, making false statement, widows object to agreement, 69
– Pesticide plant explosion

– – Confidentiality claim under security law delays CSB 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

– Solvent exposure, hypothesis based on unreliable evidence, inconsistent methodology rejected in FELA case (W.Va. Cir. Ct.), 554
– Tree trimmer's widow claims herbicide exposure caused leukemia, no evidence cited, case dismissed (4th Cir.), 310
– Warnings, employer sophisticated user, toxic tort against vinyl chloride suppliers dismissed (S.D. W.Va.), 797

WHISTLEBLOWERS

– Airlines

– – Flight crew members raised safety concerns, OSHA orders airline to compensate, withdraw defamation suit, 281
– – Plot reimbursement, In Brief, 31

– Charter jet company fined by OSHA, 265
– Commuter service railroad ordered to take corrective action, pay $300,000 to 4 employees, 519
– Drivers

– – Delivery service to pay penalty, rehire driver allegedly fired for raising concerns about truck, driving conditions, 306
– – Refusal to drive truck with alleged faulty brakes, STAA amendment does not apply retroactively (8th Cir.), 12

– Financial services industry

– – Award recalculated for retaliation against whistleblower, 226
– – Legality of coworker's sales activities questioned, OSHA fines company for violating whistleblower laws, 265

– Firefighters' retaliation claims under First Amendment may proceed (N.D.N.Y.), 888
– Intelligence community protections

See LEGISLATION, FEDERAL, S 372

– Mich. town wrongfully terminated employee, violated state OSH Act (Mich. Ct. App.), 83
– OSHA protection program, GAO says better data, more resources could strengthen program, 174
– Pipeline welders' complaints protected, refusal to work not, arbitration board rules, 595; employers view decision as positive precedent, attorney says, 639
– Postal employee fired for reporting health problems, DOL alleges (W.D. Wash.), 598
– Scope of protected disclosures, enhancement

See LEGISLATION, FEDERAL, HR 1507

– Sensitive security information, federal employee disclosure not protected, 572
– Sewer overflows, CWA offers no protection for complaints by inspectors about county's compliance (11th Cir.), 457
– Sick building syndrome, employee fired after alleging symptoms, claims allowed (N.D. Ill.), 15
– 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

– Steam cleaning business settles violations arising from firing worker who raised safety complaints to news media, 281
– Work release participant's claims of conspiracy against employer may proceed (7th Cir.), 737

WISCONSIN

– Asbestos in brake linings, subcontractor's employee strict liability claim against maker denied, negligence claim may proceed (Wis. App. Ct.), 393
– Dairy company faces $1.1M fine for alleged violations at Wis. whey processing plant, 525
– Excavation company faces $700,000 fine for trenching violations, 176; company faces additional fines following laceration fatality, 709; company agrees to pay $474,000, improve safety to resolve all citations after third inspection uncovers additional violations, 857
– Fall protection, arbitration order to reinstate worker fired for not using protective gear upheld (7th Cir.), 268
– Insurance, respirator maker cannot pursue establishment of non-settling insurer's duty in event of future silicosis contribution action (E.D. Wis.), 100
– Smoking ban, governor signs bill covering workplaces, public places, 447
– Whistleblowers, work release participant's claims of conspiracy against employer may proceed (7th Cir.), 737

WITNESSES AND TESTIMONY

– Expert testimony

See EXPERT WITNESSES

WOMEN'S HEALTH

– Hazardous drugs, NIOSH seeks comments on temporary reassignment of pregnant workers, 784
– National Assn. of Women in Construction, OSHA alliance, In Brief, 411
– Portugal approves new worker protection law addressing pregnant, breastfeeding workers, 793

WORKERS' COMPENSATION

– California

– – Independent contractor may sue general contractor, court to review (Cal.), 180
– – Rental car washer's disability finding, employer not liable for preexisting, nonindustrial factors, court to review (Cal.), 269

– District of Columbia, nerve block injections leading to injuries did not arise from hospital doctor's employment (D.C.), 819
– Energy Employees Occupational Illness Compensation Program, Fla. resident payouts, In Brief, 122
– Firefighter job-related illnesses

– – Cancer, Or. bill, In Brief, 140; governor signs bill, 241
– – Federal firefighters, presumption

See LEGISLATION, FEDERAL, S 599

– Ill., employee fired after alleging sick building syndrome symptoms, retaliation claims allowed (N.D. Ill.), 15
– Iowa, brucellosis work injury, not disease, claim not time-barred (Iowa), 620
– LHWCA benefits

See LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT (LHWCA)

– New York, claims increase for New York City municipal employees due to lack of safety program, coalition says, 386
– North Carolina, knowing dangerous misconduct needed for employee to sue over bromine spill (N.C. Ct. App.), 506
– Ohio, glass cutting mill retrofitted by employer, worker may proceed with intentional tort (S.D. Ohio), 621
– Oregon, filing of disabling claims at record low in 2008, report says, 790
– Penn., sole remedy for slip on steps, employer granted summary judgment (E.D. Pa.), 84
– Portugal, new Labor Code requires employer coverage, 139
– Right to insurance taken away in many low-paying jobs, study finds, 792
– Texas

– – Negligence claims alleging benzene exposure barred, evidence of gross negligence lacking (Tex. App. Ct.), 141
– – Premises owner may be considered general contractor, entitled to exclusive remedy protection (Tex.), 290

– Washington

WORLD TRADE CENTER

– Asthma, study finds rates highest among rescue, recovery workers, 681
– First responder compensation

See LEGISLATION, FEDERAL, S 1334

– Lung function problems persist in emergency responders, study finds, 117
– Medical monitoring and treatment programs for first responders and residents, Maloney (D-NY) to reintroduce bill in House, 77; further action, see LEGISLATION, FEDERAL, HR 847, 77
– 9/11 health coordinator, N.Y. representatives, labor leaders, health advocates urge reappointment of Howard to post, 150

WRONGFUL DISCHARGE

– Retaliatory discharge

See RETALIATION

WYOMING

– Fatalities, state seeks help from NIOSH to lower workplace deaths, 366