ASSE Government Affairs Update – 4.5.13

Posted 2 days ago

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Contractor Prequalification Bill Backed by ASSE in Maryland

Posted 2 days ago

ASSE and its members in Maryland expressed support for a bill (HB 1486) that would require the Maryland Department of Labor to develop and adopt a safety questionnaire and a safety rating system for the state’s public sector employers to use to help ensure that bidders for public sector construction projects can demonstrate a commitment [...]

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ASSE Florida Members Back Legislative Effort to Ban Texting

Posted 2 days ago

Inspired by fellow ASSE members’ effort to ban texting in Arizona, Florida’s ASSE members have joined in an effort to pass legislation that would ban texting in their state. Letters to Senator Detert (R-Venice) and Representative Holder (R-Sarasota) back their legislation, SB 52/HB 13, which is seen as having a good chance of passing into [...]

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AZ Texting Ban Bill Sponsor Speaks Eloquently in Face of Defeat

Posted 2 days ago

Facing certain defeat on the Arizona Senate floor, Senator Steve Farley still spoke with eloquence and calm determination in support of an amendment that would move forward his bill (SB1218) to ban texting in the state. Senator Farley’s defense of the effort and the debate against it was captured YouTube. ASSE’s members in Arizona fully [...]

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OSHA Alliance Publication Recognizes ASSE and Members for Sandy Help

Posted 2 days ago

The following article appeared in the March 2013 issue of the Alliance Quarterly Review, a publication of OSHA’s Directorate of Cooperative and State Programs.  While ASSE and the ASSE Foundation helped, the bulk of the credit goes to members of ASSE’s New York City Chapter, who made this effort happen through fundraising and on-the-ground leadership described [...]

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ASSE at OSHA Stakeholder Meetings on Backing

Posted 2 days ago

On February 5, ASSE member Odean Slaton represented ASSE at OSHA’s stakeholder meeting on the issue of backing that was held in Arlington, Texas.  The report from that meeting and a previous meeting in Washington, DC, is now available at http://www.osha.gov/doc/topics/backover/otherresources.html.  As promised by OSHA to help encourage openness, comments were reported without attribution.

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OSH Political Season Begins in DC

Posted 2 days ago

The political season for occupational safety and health has begun, as uncertainty over how long the impact of sequestration on safety and health-related agency budgets continues.  The current effort to reform the OSH Act and Mine Act are summarized below by ASSE’s Federal Representative, Adele Abrams, Esq.  ASSE commented on reform efforts in July 2010 [...]

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NIOSH Announces New Lead for PtD Program

Posted 2 days ago

The PtD Program is a key safety initiative of NIOSH.  A variety of ASSE members were involved in its beginnings and continue to support its efforts.  More information on the program can be found at  http://www.cdc.gov/niosh/topics/ptd/ From Paul A. Schulte, PhD, Director, NIOSH Education and Information Division – I am pleased to announce that Pamela [...]

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OSHA and NIOSH April 10 Free Webinar on Preventing Deadly Falls in Construction

Posted 2 days ago

From OSHA and NIOSH – At 11 a.m. EST on April 10, OSHA and the National Institute for Occupational Safety and Health and the National Occupational Research Agenda Construction Sector Council will co-moderate a free webinar on preventing deadly falls in construction. To register and learn more about the campaign partners’ efforts to stop fatal [...]

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NIOSH Blogs Michigan Research on Amputations

Posted 2 days ago

NIOSH’s Science Blog (http://blogs.cdc.gov/niosh-science-blog/2013/03/amputations/) has reported on research from Michigan State University and the Michigan Department of Community Health on work-related amputations.  Published in the Journal of Occupational and Environmental Medicine, the research found 616 work-related amputations in Michigan, which was two and a half times more amputations than identified by BLS data collection methods.  [...]

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New OSHA Resource to Protect Emergency Workers at Combustible Dust Fires

Posted 2 days ago

From OSHA – April 1, 2013 WASHINGTON – The Occupational Safety and Health Administration today published Firefighting Precautions at Facilities with Combustible Dust*, a new, informative booklet that outlines safe procedures for emergency responders who may face fires and explosions caused by combustible dust. “This booklet will keep both emergency response and facility workers safe [...]

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OSHA Launches Young Worker Resources

Posted 2 days ago

From OSHA Directorate of Cooperative and State Programs – OSHA has launched a focused effort to raise awareness about new resources for young worker safety and health.  Young workers are a vulnerable population.  Workers under the age of 25 are twice as likely to be injured on the job as older workers; they have limited work [...]

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CSB Holding April 24 Public Meeting on Fatigue Prevention in Oil and Gas, Seeks Comments

Posted 2 days ago

From CSB – March 18, 2013 Washington, DC, March 18, 2013 ­– Today the U.S. Chemical Safety Board announced that it will hold a public meeting in Washington, DC, to discuss the status of its March 2007 recommendation that the American Petroleum Institute (API) and the United Steelworkers International Union (USW) jointly lead the development [...]

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OSHA Publishes White Paper on Severe Violator Program

Posted 2 days ago

OSHA has made available its own white paper (http://www.osha.gov/dep/enforcement/svep_white_paper.pdf) on the Severe Violator Enforcement Program (SVEP), which the agency began in 2010 “to more effectively focus enforcement efforts on recalcitrant employers who demonstrate indifference to the health and safety of their employees through willful, repeated, or failure-to-abate violations of the OSH Act.”  OSHA’s conclusion is [...]

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OSHA Revokes Obsolete Variances for Cylindrical Steel Tanks

Posted 2 days ago

OSHA has published a notice revoking 24 obsolete variances it granted between 1975 and 1977 to 24 companies engaged in the construction of cylindrical steel tanks.  The variances specified several conditions that served as an alternative means of compliance to the falling-object-protection and fall-protection requirements of the standard governing general requirements for scaffolds in effect [...]

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PHMSA Finalizes Amendments to HazMat Rule

Posted 2 days ago

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has amended its Hazardous Materials Regulations (HMR) to make miscellaneous amendments to update and clarify certain regulatory requirements. PHMSA states that the amendments promote safer transportation practices, eliminate unnecessary regulatory requirements, address a petition for rulemaking, incorporate a special permit into the HMR, facilitate international commerce, simplify the [...]

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PHMSA Advisory on Unauthorized Marking of Compressed Gas Cylinders

Posted 2 days ago

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has issued a Safety Advisory Notice advising that it has confirmed the marking, service and/or sale of certain high pressure DOT specification cylinders marked with a requalification identification number (RIN) without performing a valid hydrostatic requalification test.  Kraus Fire Equipment Co. marked DOT cylinders as tested without [...]

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PHMSA Incident and Accident Reports Available Online

Posted 2 days ago

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has published a notice of the online availability of revised forms PHMSA F 7100.2—Incident Report–Natural and Other Gas Transmission and Gathering Pipeline Systems and PHMSA F 7000-1–Accident Report–Hazardous Liquid Pipeline Systems. The forms are now available for electronic submittal in the PHMSA Portal. As described in this [...]

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Free GHS Webinar for OSHA Alliance Participants

Posted 2 days ago

From OSHA, with which ASSE has an Alliance – Subject: Invitation to attend OSHA Hazard Communication Standard 2012 Webinar “GHS and the US Manufacturer” – Wednesday, April 10, 2013. Through the OSHA and American Supply Association (ASA) Alliance, ASA has extended an invitation to Alliance Program participants to attend a free Webinar “GHS and the US Manufacturer – [...]

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GAO Stuff

Posted 2 days ago

Consumer Product Safety Commission: Awareness, Use, and Usefulness of SaferProducts.gov. GAO-13-306, March 11.  http://www.gao.gov/products/GAO-13-306 Highlights – http://www.gao.gov/assets/660/652918.pdf Modernizing the Nuclear Security Enterprise: Observations on DOE’s and NNSA’s Efforts to Enhance Oversight of Security, Safety, and Project and Contract Management, by David C. Trimble, director, natural resources and environment, before the Subcommittee on Oversight and Investigations, [...]

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Updating Consensus Standards is Focus of ASSE Comment on OSHA SIP 4 Request for Info

Posted on Fri, Mar 1, 2013

ASSE provided comments for the record of OSHA’s Standards Improvement Project – Phase IV Request for Information based significantly on its role as Secretariat to the ANSI-accredited A10 Committee for Construction and Demolition Operations and the ANSI/ASSE Z9 Committee for Health and Safety Standards for Ventilation Systems.  The comments included a detailed matrix of changes [...]

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Arizona ASSE Members Back Texting Ban Bill

Posted on Fri, Mar 1, 2013

On behalf of its nearly 600 Arizona members, ASSE voiced support for a bill (SB1218) by Senator SteveFarley to prohibit text messaging while operating a motor vehicle in Arizona. While ASSE’s own policy position calls for a total ban on the use of electronic devices while driving, ASSE saw that SB 1218 could serve as [...]

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MSHA Issues POV Final Rule

Posted on Fri, Mar 1, 2013

MSHA has revised its regulation for pattern of violations (POV).  According to MSHA, “The final rule simplifies the existing POV criteria, improves consistency in applying the POV criteria, and more effectively achieves the Mine Act’s statutory intent. It also encourages chronic safety violators to comply with the Mine Act and MSHA’s health and safety standards.  [...]

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ACCSH Special Meeting on Construction Signs Proposed Rule and Cranes Tech Amendments

Posted on Fri, Mar 1, 2013

OSHA has announced that its Advisory Committee on Construction Safety and Health (ACCSH) will hold a special meeting March 18, 2013, in Washington, DC, to consider a proposed rule to update OSHA’s standard on Accident Prevention Signs and Tags in construction and proposed technical amendments and corrections to the Cranes and Derricks standards.  ACCSH will [...]

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OSHA Rulemaking on Affordable Care Act Whistleblower Procedures

Posted on Fri, Mar 1, 2013

OSHA has published interim final and seeks comments on regulations governing employee protection (whistleblower) provisions of the Affordable Care Act, giving protections to employees of health insurance issuers or other employers who may have been subject to retaliation for reporting potential violations of the law’s consumer protections (e.g., the prohibition on denials of insurance due [...]

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OSHA Releases 2013 Targeted Inspection Plan to Protect Federal Workers

Posted on Fri, Mar 1, 2013

From OSHA – Jan. 24, 2013 WASHINGTON — The Occupational Safety and Health Administration has issued its annual inspection plan of federal agency establishments under its Federal Agency Targeting Inspection Program directive for fiscal year 2013. FEDTARG directs programmed inspections of federal agency establishments where a high number of employees have been absent due to [...]

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NIOSH Seeks Comment on Strategic Plan for Nano Research and Guidance

Posted on Fri, Mar 1, 2013

NIOSH seeks comment on the types of hazard identification and risk management research that should be considered for updating the NIOSH FY2013-FY2016 nanotechnology strategic plan.  Comments are due March 19.  The draft strategic plan (Protecting the Nanotechnology Workforce: NIOSH Nanotechnology Research and Guidance Strategic Plan 2013-2016) can be found in Docket CDC-2013-0001 at http://www.regulations.gov. https://www.federalregister.gov/articles/2013/01/18/2013-00994/update-of-niosh-nanotechnology-strategic-plan-for-research-and-guidance

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OSHA Updates Non-Mandatory Appendix for Occupational Exposure to Hazardous Chemicals in Labs

Posted on Fri, Mar 1, 2013

OSHA has published in the Federal Register a technical amendment to update a non-mandatory appendix in OSHA’s Occupational Exposure to Hazardous Chemicals in Laboratories to include the contents of the latest National Academy of Sciences publication entitled, “Prudent Practices in the Laboratory: Handling and Management of Chemical Hazards,” 2011 edition. All revisions being made are [...]

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DoL IG Targets OSHA and MSHA in 2013 Workplan

Posted on Fri, Mar 1, 2013

The Labor Department’s Inspector General has released its Audit Workplan for 2013, available at http://www.oig.dol.gov/public/reports/oa/2013/FY-2013-Audit-Workplan.pdf.  Among the discretionary audits the IG has in its sights this year include three that will look at OSHA activities:  OSHA’s Voluntary Protection Program (VPP), carried over from last year; a new audit on OSHA’s Usage of National Emphasis Programs [...]

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MSHA Releases 2012 Preliminary Fatality Data

Posted on Fri, Mar 1, 2013

From MSHA – [01/31/2013] Fatality rates at an all-time low, while annual number of deaths is 2nd lowest ARLINGTON, Va. — Preliminary data from the U.S. Department of Labor’s Mine Safety and Health Administration released today indicates that, in 2012, mining fatality rates reached an all-time low for the second straight year. Fatality rates are [...]

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MSHA Files Record Temporary Reinstatement Requests on Behalf of Miners

Posted on Fri, Mar 1, 2013

From MSHA – [01/29/2013] US Labor Department’s MSHA continues increased emphasis on miner discrimination complaints 46 requests for temporary reinstatement made in 2012 WASHINGTON — The U.S. Department of Labor’s Mine Safety and Health Administration filed 46 requests for temporary reinstatement during the 2012 calendar year, more than double any previous year, with the Federal [...]

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NIOSH-Funded Study Finds Link Between Low Wages and High Blood Pressure

Posted on Fri, Mar 1, 2013

Research recently published in the European Journal of Public Health and partially funded by NIOSH has found links between low pay and high blood pressure, as described in the NIOSH Science Blog at http://go.usa.gov/49nd.  According the blog, low socio-economic status has been linked to hypertension, but the reasons why have been unclear.  This is the [...]

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EPA Solicits Public Comment for the National Enforcement Initiatives

Posted on Fri, Mar 1, 2013

EPA seeks comments on its National Enforcement Initiatives for fiscal years 2014-2016 and proposals for new sectors or other important strategic areas.  The current EPA initiatives in Air, Water, Energy Extraction and Hazardous Chemicals can be found at Current National Enforcement Initiatives.  Comments are due February 27.

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GAO Finds OSHA NRTL Program Could Use Improvements

Posted on Fri, Mar 1, 2013

The General Accounting Office (GAO) has published a review of OSHA’s Nationally Recognized Testing Laboratory (NRTL) Program.  The GAO found that OSHA’s process for accrediting NRTLs is lengthy due to the scope of staff members’ responsibilities and unclear application procedures for accreditation. Among recently approved applications, OSHA took between 1 and 5 years to decide [...]

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Study on Older Worker Fatal Falls in Construction

Posted on Fri, Mar 1, 2013

  “Human Factors: The Journal of the Human Factors and Ergonomics Society” has published a study by The Center for Construction Research and Training that found older workers had higher rates of fatal falls than younger workers in construction, with results that were significant in 11 of 14 construction occupations.  http://hfs.sagepub.com/content/54/3/303.abstract

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MSHA Bulletin on Use of the Coal Dust Explosibility Meter

Posted on Fri, Mar 1, 2013

MSHA has released a Program Information Bulletin (PIB) is to advise the underground coal mining community that NIOSH recently published a report on the Coal Dust Explosibility Meter (CDEM), which can be found at http://www.msha.gov/regs/complian/PIB/2013/pib13-01.asp.  The PIB also informs mines of the need to measure coal mine dusts to determine potential explosibility.

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EPA Makes Public Comprehensive Info on US Chemical Use

Posted on Fri, Mar 1, 2013

EPA has released its 2012 Chemical Data Reporting (CDR) information on more than 7,600 chemicals in commerce. The CDR database contains comprehensive use and exposure information on the most widely used chemicals in the US.  The CDR brings together information companies are now required to provide on chemicals used in children’s and other consumer products, along [...]

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PHMSA Public Forum on State One-Call Exemptions

Posted on Fri, Mar 1, 2013

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has announced it will hold a public forum on state one-call exemptions.  The forum will be held on March 14, 2013, in West Palm Beach, Florida at the Palm Beach County Convention Center.  At the forum, PHMSA will discuss the requirements of the Pipeline Safety, Regulatory Certainty [...]

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EPA Final Rule on Emission Standards for Reciprocating Internal Combustion Engines

Posted on Fri, Mar 1, 2013

The EPA is finalizing amendments to its national emission standards for hazardous air pollutants for stationary reciprocating internal combustion engines. The final amendments include alternative testing options for certain large spark ignition (generally natural gas-fueled) stationary reciprocating internal combustion engines, management practices for a subset of existing spark ignition stationary reciprocating internal combustion engines in [...]

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PHMSA Advisory Bulletin on Accident and Incident Notification Time Limit

Posted on Fri, Mar 1, 2013

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has published an Advisory Bulletin to notify owners and operators that, as required by the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011, the agency will issue a proposed rule to revise telephonic reporting regulations to establish specific time limits for telephonic or electronic notice [...]

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DOE Seeks Info on Conservation Standards for Commercial Air Conditioning and Heating Equipment

Posted on Fri, Mar 1, 2013

The US Department of Energy (DOE) is initiating an effort to determine whether to amend current energy conservation standards for certain commercial air-conditioning and heating equipment.  DOE seeks information from the public to help DOE determine whether national standards more stringent would result in a significant energy savings and whether those national standards would be [...]

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DOE Considering Conservation Standards for Commercial and Industrial Fans and Blowers

Posted on Fri, Mar 1, 2013

The U.S. Department of Energy (DOE) is considering energy conservation standards for commercial and industrial fans and blowers.  DOE has prepared a Framework Document that details the analytical approach and scope for the rulemaking and identifies several issues on which DOE is particularly interested in receiving comments.  DOE will hold a public meeting to discuss [...]

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EPA Final Emission Standards for Industrial, Commercial and Institutional Boilers

Posted on Fri, Mar 1, 2013

EPA is taking final action on reconsideration of certain issues related to the emission standards to control hazardous air pollutants from new and existing industrial, commercial and institutional boilers at area sources.  EPA also is amending certain compliance dates for the standard and making technical corrections to the final rule to clarify definitions, references, applicability [...]

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OSHA Setting Whistleblower Procedures for Complaints Under Seaman Protection Act

Posted on Fri, Mar 1, 2013

OSHA seeks comments on the interim final text of regulations governing the employee protection (whistleblower) provisions of the Seaman’s Protection Act, as amended by Section 611 of the Coast Guard Authorization Act of 2010, which transferred to OSHA the administration of the whistleblower protections previously enforced only through private right of action.  The interim rule [...]

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EPA Final Rule on Commercial and Industrial Solid Waste

Posted on Fri, Mar 1, 2013

EPA has published a final rule containing decisions made when it granted reconsideration in December 2011 of its March 2011 final rule, “Standards of Performance for New Stationary Sources and Emissions Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units.”  EPA has denied requests for reconsideration of all issues raised in the petitions.  [...]

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GAO Stuff on Pipelines, Climate Change and DHS

Posted on Fri, Mar 1, 2013

Pipeline Safety: Better Data and Guidance Could Improve Operators’ Responses to Incidents, by Susan A. Fleming, director, physical infrastructure issues, before the Senate Committee on Commerce, Science, and Transportation. GAO-13-284T, January 28.  http://www.gao.gov/products/GAO-13-284T GAO Adds Financial Risks of Climate Change and Gaps in Weather Satellite Data to “High Risk List,” Two Other Areas Removed As [...]

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ASSE Government Affairs Update – January 18, 2013

Posted on Fri, Jan 18, 2013

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ASSE Government Affairs Priorities for 2013

Posted on Fri, Jan 18, 2013

ASSE members should be aware that 2013 might very well prove to be an historic year for occupational safety and health professionals.  Although Labor Secretary Solis has resigned, it is expected that Dr. David Michaels will remain as Assistant Secretary of Labor for OSHA.  If, under his continued leadership, OSHA begins to lay out its [...]

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ASSE Asks for Public Hearing in Illinois Asbestos Abatement Rulemaking

Posted on Fri, Jan 18, 2013

Concerned with the lack of outreach to safety and health professionals and the quick action taken to adopt amended rules, ASSE filed a comment asking that the Illinois Department of Public Health hold a hearing on the changes to its rules governing Asbestos Abatement for Public and Private School and Commercial and Public Buildings.

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ASSE Comments on Resignation of Labor Secretary Solis

Posted on Fri, Jan 18, 2013

Labor Secretary Hilda Solis has resigned.  You can find her resignation statement at http://www.dol.gov/opa/media/press/opa/OPA20130053.htm. Of course, now that Secretary Solis has submitted her resignation, the game in DC is to figure out who the next Secretary of Labor will be.  Thanks to Stephen Lee at BNA for most of these these.  Current names going around [...]

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OSHA Publishes New Reg Agenda

Posted on Fri, Jan 18, 2013

OSHA’s new Regulatory Agenda can be found at http://www.osha.gov/pls/oshaweb/owasrch.search_form?p_doc_type=UNIFIED_AGENDA&p_toc_level=0. From Adele Abrams, Esq., ASSE’s Federal Representative – On January 8, 2013, the Department of Labor’s Fall 2012 Regulatory Agenda was published in the Federal Register.  The Regulatory Agenda had been released on-line on December 21, 2012.  This was the first Regulatory Agenda published in 2012; [...]

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OSHA Issues Latest Inspection Plan under SST

Posted on Fri, Jan 18, 2013

From OSHA – January 8, 2013 WASHINGTON – The Occupational Safety and Health Administration has issued its annual inspection plan under the Site-Specific Targeting 2012 program to direct enforcement resources to workplaces where the highest rates of injuries and illnesses occur. The SST program is one of OSHA’s main programmed inspection plans for high-hazard, non-construction [...]

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MSHA Releases Final Rule on Pattern of Violations

Posted on Fri, Jan 18, 2013

The following summary is prepared by Adele Abrams, Esq., ASSE’s Federal Representative – On January 17, 2013, MSHA posted its Final Rule revising Pattern of Violations (POV) procedures.   The Final Rule is very little changed from the proposed rule, which is somewhat surprising given the number of concerns and issues raised in the comments on [...]

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Dr. Beth Rosenberg Confirmed as New CSB Board Member

Posted on Fri, Jan 18, 2013

The US Senate confirmed Dr. Beth J. Rosenberg as a board member of the U.S. Chemical Safety and Hazard Investigation Board (CSB).  For 15 years Dr. Rosenberg has been a member of the faculty of the Public Health Program at Tufts University School of Medicine. She also served on the Science Advisory Board of the [...]

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CSB Releases Report on 2011 Hawaii Fireworks Explosion

Posted on Fri, Jan 18, 2013

From CSB – CSB Report says Honolulu Fireworks Disposal Explosion that Killed Five Workers Resulted from Unsafe Practices, Lack of National Guidelines, and Lack of Safety Provisions for Federal Contractors Washington, DC, January 17, 2013 – In a final report set to be considered today, the U.S. Chemical Safety Board (CSB) said an explosion and fire [...]

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OSHA and MSHA Hazard Alert on Diesel Particulate

Posted on Fri, Jan 18, 2013

OSHA and MSHA have issued a hazard alert on the health effects of diesel particulate.  Find the alert at http://www.msha.gov/alerts/012013DPMAlert.pdf

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OSHA Holding Stakeholder Meetings to Address Backovers

Posted on Fri, Jan 18, 2013

ASSE is participating in the February 5 meeting in Arlington, TX.  From OSHA – December 17, 2012 WASHINGTON – The Occupational Safety and Health Administration has scheduled five informal stakeholder meetings to solicit comments on preventing injuries and fatalities from vehicle backovers. The purpose of the meetings is to gather information and evaluate backover risks [...]

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FAA Proposes Increased OSHA Oversight of Flight Attendants

Posted on Fri, Jan 18, 2013

From OSHA – [11/30/2012] WASHINGTON — The U.S. Department of Transportation’s Federal Aviation Administration, working with the U.S. Department of Labor’s Occupational Safety and Health Administration, today proposed a new policy for addressing flight attendant workplace safety. While the FAA’s aviation safety regulations take precedence, the agency is proposing that OSHA be able to enforce [...]

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Campaign Underway to Free Silica Rulemaking from White House

Posted on Fri, Jan 18, 2013

While ASSE has urged the White House to move forward an OSHA silica standard, ASSE does not have a positon on what a silica standard should be at this time.  ASSE’s only concern was that the White House was meeting behind closed doors with a few stakeholders about issues that can only be fully and appropriately engaged through [...]

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EPA and CPSC Collaborate on Nano Health Impact Research

Posted on Fri, Jan 18, 2013

From EPA and CPSC – December 11, 2012 WASHINGTON, DC—The U.S. Environmental Protection Agency (EPA) and the U.S. Consumer Product Safety Commission (CPSC) are collaborating in a worldwide research effort to assess any potential impacts of nanomaterials on people’s health and the environment. Nanomaterials appear in many household products ranging from clothing to building materials. [...]

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DOT Issues Statement on Impact of State Marijuana Laws

Posted on Fri, Jan 18, 2013

The Department of Transportation (DOT) issued a notice stating its view of the impact state recreational use laws have on the department’s regulation on the use of marijuana by transportation employees.  “We want to make it perfectly clear that the state initiatives will have no bearing on the Department of Transportation’s regulated drug testing program,” [...]

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OSHA Seeks Comments on Updating Construction Industry Standards

Posted on Fri, Jan 18, 2013

Comments are due February 4.  From OSHA – Dec. 6, 2012 WASHINGTON –The Occupational Safety and Health Administration is issuing a Request for Information to initiate the fourth phase of its Standards Improvement Project (SIP). The purpose of SIP-IV is to improve and streamline existing OSHA construction standards by removing or revising requirements that are [...]

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First Meeting of OSHA Whistleblower Advisory Committee Set for January 29

Posted on Fri, Jan 18, 2013

OSHA’s newly formed Whistleblower Protection Advisory Committee (WPAC) will meet January 29, 2013, in Washington, DC, at the Department of Labor from 10:30 a.m. to 5 p.m.  The tentative agenda of the WPAC meeting includes remarks from the Assistant Secretary; presentation by the Director of OSHA’s Directorate of Whistleblower Programs on recent initiatives; remarks and [...]

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Tales from DC: November 29-30 ACCSH Meeting

Posted on Fri, Jan 18, 2013

From Adele Abrams, Esq., ASSE’s Federal Representative – On November 29th and 30th, I represented ASSE at OSHA headquarters for a meeting of the Advisory Committee on Construction Safety & Health (ACCSH), chaired by Eric “Pete” Stafford, with OSHA representative Ben Bare and NIOSH representative Matt Gillen. Also in attendance and presenting at the meeting with [...]

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PHMSA Sets 2013 Minimum Rate for Random Drug Testing

Posted on Fri, Jan 18, 2013

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has determined that the minimum random drug testing rate for covered employees will remain at 25 percent during calendar year 2013.  Operators are reminded that drug and alcohol testing information  must be submitted for contractors performing or ready to perform covered functions.  For calendar year 2012 reporting, [...]

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PHMSA Advisory Bulletin on Integrity Management Program Evaluations

Posted on Fri, Jan 18, 2013

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has issued an Advisory Bulletin to remind operators of gas transmission and hazardous liquid pipeline facilities of their responsibilities, under Federal integrity management regulations, to perform evaluations of their integrity management programs using meaningful performance metrics.  http://www.gpo.gov/fdsys/pkg/FR-2012-12-05/html/2012-29362.htm

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New OSHA Online Tool to Protect Against Cadmium Risk

Posted on Fri, Jan 18, 2013

From OSHA – Dec. 11, 2012 OSHA releases online tool to help protect workers exposed to cadmium WASHINGTON — The Occupational Safety and Health Administration today released a new interactive online tool to help protect workers exposed to cadmium. The new interactive online tool will assist employers in complying with OSHA’s cadmium standard (29 CFR [...]

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NIOSH Video on Oil and Gas Rig Removal Safety for Truckers

Posted on Fri, Jan 18, 2013

NIOSH has published a video covering rig move safety for truckers in the oil and gas fields.  NIOSH says the video “helps make sense of the organized chaos” that accompanies a rig move and highlights some easy ways to lower the risk of being injured or killed when moving to a new location.  See the video [...]

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EPA Final Rule on Emission Standards for Chemical Manufacturing Area Sources

Posted on Fri, Jan 18, 2013

In January 2012, the EPA proposed revisions to several provisions of the final National Emission Standards for Hazardous Air Pollutants for Chemical Manufacturing Area Sources.  The proposed revisions were made, in part, in response to a petition for reconsideration following the promulgation of an October 2009, final rule.  Now, EPA is finalizing those amendments, lifting [...]

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PHMSA Advisory Bulletin on Exceedances of Max Allowable Operating Pressure

Posted on Fri, Jan 18, 2013

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has issued an Advisory Bulletin to inform owners and operators of gas transmission pipelines that if the pipeline pressure exceeds maximum allowable operating pressure (MAOP) plus the build-up allowed for operation of pressure-limiting or control devices, the owner or operator must report the exceedance to PHMSA on [...]

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PHMSA Final Rule on HazMat Harmonization with International Standards

Posted on Fri, Jan 18, 2013

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has published a final rule amending the Hazardous Materials Regulations to maintain alignment with international standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements.  These revisions harmonize the Hazardous [...]

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PHMSA Rulemaking on Transportation of Lithium Batteries

Posted on Fri, Jan 18, 2013

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has published a notice of proposed rulemaking seeking comments on the impact of changes to the requirements for the air transport of lithium cells and batteries adopted into the 2013-2014 International Civil Aviation Organization Technical Instructions on the Transport of Dangerous Goods by Air and then incorporated [...]

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Senate Committee Holds Hearing in WV on Pipeline Safety

Posted on Fri, Jan 18, 2013

From the Democratic Press Office – Hearing to be held Jan 28, 2013, at 12:00 AM in Charleston, WV. WASHINGTON, D.C.— Chairman John D. (Jay) Rockefeller IV announced that the U.S. Senate Committee on Commerce, Science, and Transportation will hold a field hearing on “Pipeline Safety: An On-the-Ground Look at Safeguarding the Public.” This hearing [...]

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DEA Rulemaking on Disposal of Controlled Substances

Posted on Fri, Jan 18, 2013

The Drug Enforcement Administration (DEA) is proposing requirements to govern the secure disposal of controlled substances by both DEA registrants and ultimate users to implement the Secure and Responsible Drug Disposal Act of 2010 (Pub. L. 111-273).  The rule would expand options for collecting controlled substances from ultimate users for purposes of disposal, including take-back [...]

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GAO Stuff

Posted on Fri, Jan 18, 2013

Product Safety Laboratories: OSHA’s Accreditation Process Needs Reexamination, GAO-13-88, December 11 http://www.gao.gov/products/GAO-13-88 Passenger Rail Security: Consistent Incident Reporting and Analysis Needed to Achieve Program Objectives, GAO-13-20, December 19 http://www.gao.gov/products/GAO-13-20 Environmental Protection: EPA Should Develop a Strategic Plan for Its New Compliance Initiative, GAO-13-115, December 10 http://www.gao.gov/products/GAO-13-115 Highway Safety: Selected Cases of Commercial Drivers with Potentially [...]

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ASSE Government Affairs Update – November 28, 2012

Posted on Wed, Nov 28, 2012

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ASSE Joins with NSC and AIHA to Back OSHA and NIOSH Budgets

Posted on Wed, Nov 28, 2012

In an effort to help make sure the purpose and value of OSHA and NIOSH is not lost in the fervent and highly political debate on the federal budget now underway in Washington, DC,  ASSE joined with the National Safety Council (NSC) and the American Industrial Hygiene Association (AIHA) to raise a united voice in [...]

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ASSE Issues Call for Help for Hurricane Sandy Clean-Up Workers in Need of PPE

Posted on Wed, Nov 28, 2012

ASSE has been working with its local members in the New York and New Jersey areas to get help to those impacted by Hurricane Sandy.  At the personal request of Assistant Secretary David Michaels, ASSE, NSC and AIHA have reached out to companies to encourage them to donate PPE and other safety equipment to nonprofits [...]

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ASSE Asks Members to Urge Employers and Other Organizations to Join 85-3 Campaign

Posted on Wed, Nov 28, 2012

ASSE is asking its members to reach out to employers and other organizations to join the Society as members of the 85-3 Campaign.  As the invitation from the campaign indicates, the 85-3 Campaign recognizes organizations and employers that, as part of their hearing protection strategy for workers, have adopted the 85 dBA noise protection level.  [...]

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OSHA Seeks Nominations to ACCSH

Posted on Wed, Nov 28, 2012

The OSHA Assistant Secretary has invited interested persons to submit nominations for membership on the Advisory Committee on Construction Safety and Health (ACCSH).  Nominations are due January 7, 2013.  http://www.gpo.gov/fdsys/pkg/FR-2012-11-07/html/2012-27208.htm

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DoL Inspector General Finds OSHA SST Program Needs Improvement

Posted on Wed, Nov 28, 2012

The Department of Labor’s Office of Inspector General (OIG) undertook a performance audit of OSHA’s site-specific targeting (SST) program. The audit found that SST inspections excluded some of the highest risk industries and worksites where the most serious injuries and illnesses occurred because certain high-risk worksites were outside the scope of the SST program and [...]

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OSHA Issues Final Rule Updating Head Protection Standards Based on National Consensus Standards

Posted on Wed, Nov 28, 2012

OSHA has confirmed the effective date of its direct final rule revising the Head Protection standards for general industry, shipyard employment, marine terminals, longshoring, and construction by updating the reference to a standard published by a standards-developing organization, the American National Standards Institute.  The direct final rule published on June 22, 2012 (77 FR 37587), [...]

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OSHA Announces Whistleblower Protection Program Director

Posted on Wed, Nov 28, 2012

From OSHA – US Department of Labor’s OSHA announces new Whistleblower Protection Program director WASHINGTON – Assistant Secretary of Labor for Occupational Safety and Heath Dr. David Michaels today announced Beth Slavet as the new director of the agency’s Whistleblower Protection Program. Slavet is an experienced administrator and manager with more than 30 years of [...]

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EU Publishes Case Studies and Lit Review on Leadership and OSH

Posted on Wed, Nov 28, 2012

From EU-OSHA – Oct 29, 2012 A new EU-OSHA report looks at the corporate leadership factors on which success depends. It reviews the existing literature on OSH leadership and analyses the results of 16 case studies from companies across the EU identifying success factors and examples of good OSH leadership, such as innovative approaches and [...]

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OSHA Issues Instruction for CSHOs Inspecting Highway Work Zones

Posted on Wed, Nov 28, 2012

OSHA on October 16 issued an Instruction intended to help Compliance Safety and Health Officers (CSHOs) safely inspect roadway and highway construction work zones and to issue consistent citations for violations, according to OSHA. You can find the Instruction at http://op.bna.com/dlrcases.nsf/id/mcan-8z7s3g/$File/OSHA%20directive%20CPL_02-01-054.pdf

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OSHA Seeks Paperwork Comments on PSM Standard

Posted on Wed, Nov 28, 2012

OSHA has asked for comments on its required proposal to extend the Office of Management and Budget’s (OMB) approval of the information collection (paperwork) requirements specified in the Standard on Process Safety Management of Highly Hazardous Chemicals.  Comments are due January 7, 2013.  http://www.gpo.gov/fdsys/pkg/FR-2012-11-06/html/2012-27043.htm

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FEMA Seeks Comments on Criteria to Evaluate Emergency Response and Preparedness for Nuclear Power Plants

Posted on Wed, Nov 28, 2012

The Federal Emergency Management Agency (FEMA) is soliciting comments from stakeholders and interested members of the public on the scope of future revisions to “Criteria for Preparation and Evaluation of Radiological Emergency Response Plans and Preparedness in Support of Nuclear Power Plants,” (NUREG-0654/FEMA-REP-1, Rev. 1). In association with this request for comments, FEMA and the [...]

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EPA Issues Direct Final Rule on SNURs for Twenty Chemical Substances

Posted on Wed, Nov 28, 2012

EPA is promulgating significant new use rules (SNURs) for 20 chemical substances that were the subject of premanufacture notices (PMNs). Eight of these chemical substances are subject to consent orders issued by EPA. This action requires persons who intend to manufacture, import, or process any of these 20 chemical substances for an activity that is [...]

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PHMSA Seeks Comments HazMat Incident Data Collection

Posted on Wed, Nov 28, 2012

The Pipeline and Hazardous Materials Safety Administration (PHMSA) requests comments and information to be used for an assessment to improve the collection, analysis, reporting, and use of data related to accidents and incidents involving the transportation of hazardous materials. This notice is being conducted in support of the “Moving Ahead for Progress in the 21st [...]

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NIST Sets National Construction Safety Team Advisory Committee Meeting

Posted on Wed, Nov 28, 2012

The National Institute of Standards and Technology of the Department of Commerce has announced an open meeting of the National Construction Safety Team (NCST) Advisory Committee on Monday, December 10, 2012 from 8:30 to 5:00 p.m. Eastern time. The primary purpose of the meeting is to update the Committee on the status of NIST Disaster [...]

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FMCSA Proposes Punishing Carrier Operating Authority for Patterns of Safety Violations

Posted on Wed, Nov 28, 2012

The Federal Motor Carrier Safety Administration (FMCSA) has proposed amendments to its regulations that would enable the Agency to suspend or revoke the operating authority registration of motor carriers that have shown egregious disregard for safety compliance or that permit persons who have shown egregious disregard for safety compliance to act on their behalf. These [...]

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GAO Stuff

Posted on Wed, Nov 28, 2012

Critical Infrastructure Protection: An Implementation Strategy Could Advance DHS’s Coordination of Resilience Efforts across Ports and Other Infrastructure. GAO-13-11, October 25.  http://www.gao.gov/products/GAO-13-11  Highlights – http://www.gao.gov/assets/650/649704.pdf Electricity: Significant Changes Are Expected in Coal-Fueled Generation, but Coal is Likely to Remain a Key Fuel Source, GAO-13-72, October 29 http://www.gao.gov/products/GAO-13-72

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ASSE Government Affairs Update – October 24, 2012

Posted on Wed, Oct 24, 2012

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ASSE Comments on Five Agency Expert Forum on Risk Based oil and Gas Reg Approaches

Posted on Wed, Oct 24, 2012

On September 20-21, OSHA, BSEE, EPA, PHMSA and the Coast Guard came together with stakeholders in the oil and gas industry in Texas City, Texas, to discuss regulatory issues facing the industry at the “Expert Forum on the Use of Performance-Based Regulatory Models in the US Oil and Gas Industry, Offshore and Onshore.”  Government Affairs Committee and [...]

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OSHA and NIOSH Spanish Nail Gun Resource Another SPALW Success

Posted on Wed, Oct 24, 2012

Growing out of ASSE’s Alliance with OSHA, dedicated members of ASSE’s Safety Professionals and the Latin Workforce (SPALW) special interest group have been contributing many hours in helping translate and otherwise providing assistance to OSHA in developing products for Spanish-speaking workers.  An good example is the access SPALW member Tom Trauger and his employer, Winchester [...]

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OSHA Extends Temp Enforcement Measures for Residential Construction to December 15

Posted on Wed, Oct 24, 2012

From Department of Labor  – August 30, 2012 WASHINGTON – The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) will extend for three months its temporary enforcement measures in residential construction. The temporary enforcement measures, now extended through December 15, 2012, include priority free on-site compliance assistance, penalty reductions, extended abatement dates, measures [...]

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Workplace Fatalities Decrease Slightly in 2011

Posted on Wed, Oct 24, 2012

On September 20, the Bureau of Labor Statistics released workplace fatality data 2011.  From the press release, available at http://www.bls.gov/news.release/pdf/cfoi.pdf – A preliminary total of 4,609 fatal work injuries were recorded in the United States in 2011, down from a final count of 4,690 fatal work injuries in 2010, according to results from the Census of [...]

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Appointments to ACCSH Announced

Posted on Wed, Oct 24, 2012

From DoL – September 27, 2012 Secretary of Labor Hilda L. Solis appoints 6 members to Advisory Committee on Construction Safety and Health WASHINGTON – Secretary of Labor Hilda L. Solis today announced the appointment of four new members and re-appointment of two current members to the Advisory Committee on Construction Safety and Health. They [...]

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NACOSH Meeting Set for November 15

Posted on Wed, Oct 24, 2012

OSHA’s National Advisory Committee on Occupational Safety and Health (NACOSH) will meet in at the Department of Labor in Washington, DC, from 9 a.m. to 5 p.m. on Thursday, November 15, 2012.  The NACOSH Effectiveness Measures Work Group will meet from 1-4 p.m., Wednesday, November 14, 2012.  http://www.gpo.gov/fdsys/pkg/FR-2012-10-22/html/2012-25938.htm  

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OSHA Final Rule Establishes Concurrent Fed Enforcement in Hawaii

Posted on Wed, Oct 24, 2012

OSHA has made a final decision to modify the Hawaii State Plan by reinstating concurrent federal enforcement authority over occupational safety and health issues in the state, pending the necessary corrective action by the state plan in order to once again meet the criteria to receive a “final approval” from OSHA.  Concurrent federal enforcement began [...]

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