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ASSE Government Affairs Update – 4.5.13

Contractor Prequalification Bill Backed by ASSE in Maryland

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 to worker

ASSE Florida Members Back Legislative Effort to Ban Texting

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.
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AZ Texting Ban Bill Sponsor Speaks Eloquently in Face of Defeat

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.
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OSHA Alliance Publication Recognizes ASSE and Members for Sandy Help

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.
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ASSE at OSHA Stakeholder Meetings on Backing

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.
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OSH Political Season Begins in DC

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.
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NIOSH Announces New Lead for PtD Program

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

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.
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NIOSH Blogs Michigan Research on Amputations

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.
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New OSHA Resource to Protect Emergency Workers at Combustible Dust Fires

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.
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OSHA Launches Young Worker Resources

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

From CSB – March 18, 2013 Washington, DC, March 18, 2013 ­– Today the U.S.
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OSHA Publishes White Paper on Severe Violator Program

OSHA has made available its own white paper (http://www.osha.gov/dep/enforcement/svep_white_paper.
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OSHA Revokes Obsolete Variances for Cylindrical Steel Tanks

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.
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PHMSA Finalizes Amendments to HazMat Rule

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.
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PHMSA Advisory on Unauthorized Marking of Compressed Gas Cylinders

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.
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PHMSA Incident and Accident Reports Available Online

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.
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Free GHS Webinar for OSHA Alliance Participants

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.
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GAO Stuff

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

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.
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Arizona ASSE Members Back Texting Ban Bill

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.
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MSHA Issues POV Final Rule

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

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 standar

OSHA Rulemaking on Affordable Care Act Whistleblower Procedures

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.
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OSHA Releases 2013 Targeted Inspection Plan to Protect Federal Workers

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.
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NIOSH Seeks Comment on Strategic Plan for Nano Research and Guidance

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

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 Haza

DoL IG Targets OSHA and MSHA in 2013 Workplan

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.
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MSHA Releases 2012 Preliminary Fatality Data

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.
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MSHA Files Record Temporary Reinstatement Requests on Behalf of Miners

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

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.
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EPA Solicits Public Comment for the National Enforcement Initiatives

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

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.
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Study on Older Worker Fatal Falls in Construction

  “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.
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MSHA Bulletin on Use of the Coal Dust Explosibility Meter

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.
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EPA Makes Public Comprehensive Info on US Chemical Use

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.
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PHMSA Public Forum on State One-Call Exemptions

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.
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EPA Final Rule on Emission Standards for Reciprocating Internal Combustion Engines

The EPA is finalizing amendments to its national emission standards for hazardous air pollutants for stationary reciprocating internal combustion engines.
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PHMSA Advisory Bulletin on Accident and Incident Notification Time Limit

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 tele

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

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.
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DOE Considering Conservation Standards for Commercial and Industrial Fans and Blowers

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.
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EPA Final Emission Standards for Industrial, Commercial and Institutional Boilers

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.
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OSHA Setting Whistleblower Procedures for Complaints Under Seaman Protection Act

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

EPA Final Rule on Commercial and Industrial Solid Waste

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.
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GAO Stuff on Pipelines, Climate Change and DHS

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.
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ASSE Government Affairs Update – January 18, 2013

ASSE Government Affairs Priorities for 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.
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ASSE Asks for Public Hearing in Illinois Asbestos Abatement Rulemaking

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

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.
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OSHA Publishes New Reg Agenda

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.
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OSHA Issues Latest Inspection Plan under SST

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.
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MSHA Releases Final Rule on Pattern of Violations

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.
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Dr. Beth Rosenberg Confirmed as New CSB Board Member

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.
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CSB Releases Report on 2011 Hawaii Fireworks Explosion

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.
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OSHA and MSHA Hazard Alert on Diesel Particulate

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.
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OSHA Holding Stakeholder Meetings to Address Backovers

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.
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FAA Proposes Increased OSHA Oversight of Flight Attendants

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.
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Campaign Underway to Free Silica Rulemaking from White House

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.
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EPA and CPSC Collaborate on Nano Health Impact Research

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.
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DOT Issues Statement on Impact of State Marijuana Laws

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.
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OSHA Seeks Comments on Updating Construction Industry Standards

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).
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First Meeting of OSHA Whistleblower Advisory Committee Set for January 29

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.
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Tales from DC: November 29-30 ACCSH Meeting

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.
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PHMSA Sets 2013 Minimum Rate for Random Drug Testing

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.
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PHMSA Advisory Bulletin on Integrity Management Program Evaluations

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 metr

New OSHA Online Tool to Protect Against Cadmium Risk

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.
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NIOSH Video on Oil and Gas Rig Removal Safety for Truckers

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 on YouTube at http://www.
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EPA Final Rule on Emission Standards for Chemical Manufacturing Area Sources

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.
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PHMSA Advisory Bulletin on Exceedances of Max Allowable Operating Pressure

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

PHMSA Final Rule on HazMat Harmonization with International Standards

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, a

PHMSA Rulemaking on Transportation of Lithium Batteries

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

Senate Committee Holds Hearing in WV on Pipeline Safety

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.
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DEA Rulemaking on Disposal of Controlled Substances

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).
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GAO Stuff

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.
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ASSE Government Affairs Update – November 28, 2012

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

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 support of the budgets for those ag

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

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

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

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.
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DoL Inspector General Finds OSHA SST Program Needs Improvement

The Department of Labor’s Office of Inspector General (OIG) undertook a performance audit of OSHA’s site-specific targeting (SST) program.
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OSHA Issues Final Rule Updating Head Protection Standards Based on National Consensus Standards

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.
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OSHA Announces Whistleblower Protection Program Director

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.
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EU Publishes Case Studies and Lit Review on Leadership and OSH

From EU-OSHA – Oct 29, 2012 A new EU-OSHA report looks at the corporate leadership factors on which success depends.
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OSHA Issues Instruction for CSHOs Inspecting Highway Work Zones

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.
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OSHA Seeks Paperwork Comments on PSM Standard

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

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).
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EPA Issues Direct Final Rule on SNURs for Twenty Chemical Substances

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.
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PHMSA Seeks Comments HazMat Incident Data Collection

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.
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NIST Sets National Construction Safety Team Advisory Committee Meeting

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.
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FMCSA Proposes Punishing Carrier Operating Authority for Patterns of Safety Violations

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 o

GAO Stuff

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.
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ASSE Government Affairs Update – October 24, 2012

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

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.
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OSHA and NIOSH Spanish Nail Gun Resource Another SPALW Success

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.
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OSHA Extends Temp Enforcement Measures for Residential Construction to December 15

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.
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Workplace Fatalities Decrease Slightly in 2011

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.
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Appointments to ACCSH Announced

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.
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NACOSH Meeting Set for November 15

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.
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OSHA Final Rule Establishes Concurrent Fed Enforcement in Hawaii

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.
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OSHA Enhances Variances Webpage to Improve Understanding of Approval Process

Sept.
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PHMSA Launches Pipeline Safety Update Website

DOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA) has created a new website called Pipeline Safety Update to provide information on pipeline safety, which is available at http://opsweb.phmsa.dot.gov/pipelineforum/pipeline_safety_update/index.
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OSHA Establishes Whistleblower Alternative Dispute Resolution Pilot Program

From OSHA – Tuesday, October 2, 2012 2:32 PM US Department of Labor’s OSHA announces alternative dispute resolution pilot program for whistleblower complaints WASHINGTON – The U.S.
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EPA Final Rule on Pulp and Paper Industry Emissions

EPA has published a final rule setting the residual risk and technology review conducted for the pulp and paper industry source category regulated under national emission standards for hazardous air pollutants.
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NIOSH Resources and OSHA Heat Campaign Evaluation from Twitter

If you are on Twitter, a ton of resources from different NIOSH areas are shared there.
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PHMSA Advisory on Communication During Emergency Situations

The Pipeline and Hazardous Materials Safety Administration (PHMSA) issued an Advisory Bulletin to remind operators of gas, hazardous liquid, and liquefied natural gas pipeline facilities that operators should immediately and directly notify the Public Safety Access Point (PSAP) that serves the communities and jurisdictions in which those pipelines

OSHA Training Institutes Announced

From OSHA’s Office of Outreach Services – OSHA has announced the renewal of four new OSHA Training Institute (OTI) Education Centers and the renewal of 24 existing OTI Education Centers.  OTI Education Centers offer training courses on OSHA standards and other occupational safety and health issues around the country.
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EU Develops Online Small Business Risk Assessment Resources

From EU-OSHA at https://osha.europa.
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EU Report on Managing Workplace Stress and Psychosocial Risks

From EU-OSHA – Most European companies still don’t have procedures for managing workplace stress and other psychosocial risks, despite the increasing threat that they pose to Europe’s workers.
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FMCSA Holding Public Session on Hours of Service in Santa Barbara

The Federal Motor Carrier Safety Administration (FMCSA) announced it is holding a public listening session to solicit information, concepts, ideas, and information on hours-of-service (HOS) requirements for drivers of passenger-carrying commercial motor vehicles (CMVs).
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PHMSA Proposes Special Permit and Competent Authority HazMat Amendments

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has published a notice of proposed rulemaking (NPRM) to amend the Hazardous Materials Regulations to incorporate provisions contained in certain widely used or longstanding special permits and certain competent authority approvals that have established safety records.
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PHMSA Safety Advisory on Unauthorized Marking of Compressed Gas Cylinders

The Pipeline and hazardous Materials Safety Administration (PHMSA) has issued a safety advisory to notify the public of the unauthorized marking of high pressure compressed gas cylinders by George Welding & Supply Co., Inc. located at 205 Tombs Lane, Montoursville, PA.
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GAO Stuff

Homeland Security: DHS Requires More Disciplined Investment Management to Help Meet Mission Needs, by John Hutton, director, acquisition and sourcing management, before the Subcommittee on Oversight, Investigations, and Management, House Committee on Homeland Security. GAO-12-1029T, September 21.  http://www.gao.
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ASSE Government Affairs Update – September 12, 2012

See items below on the GA page

Understanding the Increased Focus on Enforcement by Federal OSHA

Recognizing ASSE members’ responsibility for managing interactions with OSHA for their employers, the Government Affairs Committee thought it important that members understand as much as possible about the variety of administrative actions OSHA is taking to focus the agency’s enforcement efforts.
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ASSE Commends OSHA for VPP Review

In a letter to Assistant Secretary David Michaels, ASSE commended OSHA for its report, Voluntary Protection Programs (VPP) Review. ASSE said the report was thoughtful, frank and helpful and that the report validated the value of VPP.
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ASSE Nominates Jim Thornton for Reappointment to Chair MACOSH

ASSE nominated James Thornton, CSP, CIH, for reappointment as Chair of OSHA’s Maritime Advisory Committee for Occupational Safety and Health(MACOSH) in a letter to Assistant Secretary for OSHA David Michaels.
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ASSE President Pollock Congratulates CSB Board Member John Bresland on His Retirement

On behalf of ASSE’s members, President Rick Pollock congratulated John Bresland on his retirement from the U.S. Chemical Safety and Hazard Investigation Board (CSB).   His letter thanked Bresland for his leadership in helping CSB achieve deserved levels of respect and support.
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Fed Agencies Hold Stakeholder Meeting on Performance-Based Safety in Oil and Gas Industry

ASSE and its Oil and Gas Practice Specialty will be represented at this meeting by Government Affairs Committee members Gene Barfield, Ron Sokol and staff.
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BSEE Finalizes Safety Rule for Offshore Drilling

The Bureau of Safety and Environmental Enforcement (BSEE), part of the Interior Department, on August 15, 2012, issued a final safety rules for offshore drilling that fine-tuned emergency rules put into place following the 2010 Deepwater Horizon oil spill.
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OSHA Issues Direct Final Rule on Cranes and Derricks in Demolition and Underground Construction

From OSHA –
August 17, 2012
OSHA issues Direct Final Rule to apply worker safety and health requirements for cranes and derricks to demolition and underground construction
WASHINGTON – The Occupational Safety and Health Administration (OSHA) today issued a direct final rule and notice of proposed rulemaking that applies the requirements of the

OSHA Issues Revised Directive on Enforcing Inspections of Longshoring Operations

August 10, 2012
OSHA releases updated “Tool Shed” directive on procedures for eliminating workplace hazards in the marine cargo handling industry
WASHINGTON – The Occupational Safety and Health Administration today issued a revised directive* providing enforcement guidance for inspections of longshoring operations and at marine termin

OSHA Announces Harwood Grant Recipients

From OSHA - September 11, 2012 WASHINGTON – The U.S. Department of Labor’s Occupational Safety and Health Administration today awarded $10.
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BLS Wants to Restart Job Data Collection in Green Technologies

On September 17, 2012, the Department of Labor (DOL) has submitting the Bureau of Labor Statistics (BLS) sponsored information collection request (ICR) titled, “Green Technologies and Practices Survey,” to the Office of Management and Budget (OMB) for review and approval.
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PHMSA Rulemaking on HazMat Harmonization with International Standards

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has proposed amendments to 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 transp

EPA Oil and Natural Gas New Source Performance Standards

EPA has revised its new source performance standards for volatile organic compounds from leaking components at onshore natural gas processing plants and new source performance standards for sulfur dioxide emissions from natural gas processing plants. Standards for certain oil and gas operations not covered by existing standards are also revised.
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PHMSA Proposes Revisions to Fireworks Regulations

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has issued a notice of proposed rulemaking (NPRM) to revise the Hazardous Materials Regulations that apply to the approval of Division 1.
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GAO Stuff on Aviation, Oil and Gas, Mine Safety and More

Aviation Security: 9/11 Anniversary Observations on TSA’s Progress and Challenges in Strengthening Aviation Security, GAO-12-1024T, September 10 http://www.gao.gov/products/GAO-12-1024T Oil and Gas Management: Interior’s Reorganization Complete, but Challenges Remain in Implementing New Requirements. GAO-12-423, July 30.  http://www.
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ASSE Government Affairs Update – August 15, 2012

ASSE Urges Adoption of FACOSH Recommendations to Upgrade Fed Safety and Health Jobs

In a letter to the U.S. Office of Personnel Management, ASSE urged adoption of recommendations by OSHA’s Federal Advisory Committee for Occupational Safety and Health (FACOSH) to upgrade federal safety and health positions.
Read more >

ASSE Nominates Rixio Medina to Continue to Serve on NACOSH

In a letter to Assistant Secretary David Michaels, ASSE nominated Rixio E. Medina, CSP, CPP, to continue to serve as a member of OSHA’s National Advisory Committee on Occupational Safety and Health (NACOSH).
Read more >

Sunstein Leaves OIRA

The often controversial Cass Sunstein has left as Administrator of the Office of Information and Regulatory Affairs in the White House.  ASSE itself weighed in on the Society’s concern (at http://www.asse.org/en/index.
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OSHA Seeks Nominations for NACOSH

OSHA has requested nominations for membership on NACOSH. The terms of four NACOSH members will expire on December 8, 2012.  Nominations are due September 10, 2012.  http://www.gpo.gov/fdsys/pkg/FR-2012-07-25/html/2012-18174.
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OSHA Seeks Nominations for FACOSH

OSHA has invited interested individuals to submit nominations for membership on the Federal Advisory Council on Occupational Safety and Health (FACOSH).  Nominations are due September 4, 2012.  http://www.gpo.gov/fdsys/pkg/FR-2012-07-05/html/2012-16468.
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OSHA Seeks Nominations for MACOSH

OSHA has invited interested persons to submit nominations for membership on the Maritime Advisory Committee for Occupational Safety and Health.  Nominations are due September 17, 2012.  http://www.gpo.gov/fdsys/pkg/FR-2012-08-02/html/2012-18878.
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CSB Releases Preliminary Findings on Deepwater Horizon

From CSB – Houston, Texas, July 24, 2012 – In preliminary findings to be released today at a public hearing in Houston, U.S. Chemical Safety Board (CSB) investigators examining the Deepwater Horizon explosion in the Gulf report that companies like Transocean and BP, trade associations, and U.S.
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NIOSH Board of Scientific Counselors Meeting Set for September 18

NIOSH has announced a meeting of its Board of Scientific Counselors (BoSC) for September 18, 2012, at NIOSH headquarters in Washington, DC.  The meeting is open to the public but limited by the space available.  The meeting room accommodates approximately 50 people.
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Serious Gap between Nano Risks and Risk Communication, Says EU-OSHA

The European Agency for Safety and Health at Work (EU-OSHA) has issued a report that found a “serious gap” between understanding potential risks involved in handling nanomaterials at work and the communication of those risks in the workplace.
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MSHA Announces Availability of Brookwood-Sago Mine Safety Grants

MSHA has announced the availability of $1,250,000 in grant funds for educational and training programs to help identify, avoid, and prevent unsafe working conditions in and around mines.
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NIOSH Study Finds Workers with Paid Sick Leave Less Likely to be Injured on the Job

A NIOSH-funded study published in the American Journal of Public Health found that workers with access to paid sick leave were 28% less likely than workers without access to paid sick leave to be injured on the job.  You can access the study at http://www2a.cdc.gov/nioshtic-2/BuildQyr.
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NIOSH Develops Emergency Responder Health Monitoring and Surveillance System

NIOSH, working with the U.S. National Response Team and a number of federal agencies, state health departments, labor unions, and volunteer emergency responder groups, has developed the Emergency Responder Health Monitoring and Surveillance (ERHMS) system.
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New OSHA-NIOSH Resources for Workers Using Cleaning Chemicals

Through its cooperative programs, OSHA has made available a new OSHA-NIOSH infosheet PDF, “Protecting Workers Who Use Cleaning Chemicals,” that provides employers with guidance on choosing safer cleaning products, safe work practices, worker training and better cleaning methods.
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OSHA Makes Available Resources on Hazards of Recycling Fluorescent Bulbs

Through its cooperative programs, OSHA has made available a fact sheet and a Quick Card to assist employers and workers in understanding the hazards that mercury poses and how to work safely when crushing or recycling tubular or compact fluorescent bulbs.
Read more >

PHMSA on Incorporating Rail Special Permits into HazMat Regs

In a final rule, the Pipeline and Hazardous Materials Safety Administration (PHMSA) has amended the Hazardous Materials Regulations to incorporate provisions contained in certain widely used or longstanding rail special permits that have general applicability and established safety records.
Read more >

EPA Seeks Comments on Study Comparing Multiwalled Carbon Nanotubes and decaBDE Flame-Retardant Coatings

EPA has announced a 60-day public comment period for the external review draft document titled, “Nanomaterial Case Study: A Comparison of Multiwalled Carbon Nanotubes and Decabromodiphenyl Ether Flame-Retardant Coatings Applied to Upholstery Textiles” (EPA/600/R-12/043A).
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EPA Identifies Substitutes for Toxic Flame Retardant Chemical

From EPA – July 30, 2012 WASHINGTON – In its quest to identify possible substitutes for a toxic flame retardant chemical known as decabromodiphenyl ether (decaBDE), the U.S. Environmental Protection Agency (EPA) has released a draft report on alternatives.
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EPA Seeks Comments on Engaging Communities in Environmental Justice Efforts

As part of its ongoing efforts to integrate environmental justice into all of its programs, EPA is seeking comments on ways that EPA and permit applicants can meaningfully engage communities in the permitting process.
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PHMSA Looking for Ways to Reduce Burdens in Reverse Logistics Supply Chain

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has published an advance notice of proposed rulemaking (ANPRM) to identify ways to reduce the regulatory burden for those who ship consumer products containing hazardous materials in the “reverse logistics” supply chain.
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OSHA Final Rule on Whistleblower Claims under the Surface Transportation Assistance Act

OSHA has issued a final rule governing employee protection (“whistleblower”) claims under the Surface Transportation Assistance Act of 1982 (STAA), to implement August 2007 statutory changes to STAA as part of the Implementing Recommendations of the 9/11 Commission Act of 2007.
Read more >

PHMSA Advisory Bulletin on Pipeline Facilities After Railway Accidents

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has issued an advisory bulletin to alert all pipeline owners and operators of the circumstances of the Cherry Valley, Illinois, derailment and remind them of the importance of assuring that pipeline facilities have not been damaged either during a railroad accident or other event oc

PHMSA Proposed Rule on Administrative Procedures, Updates and Technical Corrections

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has published a Notice of Proposed Rulemaking to update the administrative civil penalty maximums for violation of the pipeline safety regulations to conform to current law, update the informal hearing and adjudication process for pipeline enforcement matters to conform to current l

BSEE Ocean Energy Safety Advisory Committee Meeting in Anchorage

The Department of Interior’s Bureau of Safety and Environmental Enforcement (BSEE) has published a notice of a meeting of its Ocean Energy Safety Advisory Committee at the Anchorage Marriott Downtown Hotel in Anchorage, Alaska, on Wednesday, August 29, 2012, from 8 a.m. to 5 p.m. and Thursday, August 30, 2012, from 8 a.m. to 1 p.m.
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GAO Stuff on Air Pollution, Influenza and Women in Pipelines

Air Pollution: EPA Needs Better Information on New Source Review Permits. GAO-12-590, June 22.  http://www.gao.gov/products/GAO-12-590 Podcast – http://www.gao.gov/multimedia/podcasts/592560 Influenza Pandemic: Agencies Report Progress in Plans to Protect Federal Workers but Oversight Could Be Improved. GAO-12-748, July 25.  http://www.gao.
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ASSE Government Affairs Update – 7.12.12

All of OSHA Should be VPP, ASSE Tells House Subcommittee on Workforce Protections

On June 27, the House Subcommittee on Workforce Protections held a hearing entitled ”Promoting Safe Workplaces Through Voluntary Protection Programs.
Read more >

At Request of Arizona Members ASSE Urges OSHA to Ensure ADOSH At Least as Effective in Fall Protection

In a letter to Assistant Secretary David Michaels, ASSE urged OSHA to ensure that the Arizona Division of Occupational Safety and Health (ADOSH) meets its obligation as a state plan to be “at least as effective as” federal OSHA and enforce fall protection for residential construction workers at 6 feet.
Read more >

OSHA Sends Electric Power Rule to OMB

OSHA has sent its draft final Electric Power rule to OMB for review, arriving June 27, 2012, as noted on the OMB website at http://www.reginfo.gov/public/do/eoDetails?rrid=122106.
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Updating OSHA Standards Based on Consensus Standards on Head Protection

OSHA has issued a direct final rule to revise the personal protective equipment (PPE) sections of its general industry, shipyard employment, longshoring, and marine terminals standards on requirements for head protection.
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OSHA Seeks Nominations for New Whistleblower Protection Advisory Committee

From OSHA – June 12, 2012 OSHA seeks nominations for membership on its Whistleblower Protection Advisory Committee WASHINGTON – The Occupational Safety and Health Administration (OSHA) is requesting nominations for membership on the Whistleblower Protection Advisory Committee (WPAC).
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NIOSH Publishes Guidelines on Working with Nanomaterials in Research Labs

In May, NIOSH published the document General Safe Practices for Working with Engineered Nanomaterials in Research Laboratories   [PDF - 2.13 MB] providing recommendations on engineering controls and safe practices for handling engineered nanomaterials in laboratories and some pilot scale operations.
Read more >

OSHA and NIOSH Issue Hazard Alert on Hydraulic Fracking

From OSHA’s Office of Outreach Services and Alliances – OSHA and NIOSH have issued a hazard alert on protecting workers in hydraulic fracturing operations from silica exposure.
Read more >

CSB Releases New Strategic Plan

From CSB – July 12, 2012      Washington, DC, July 12, 2012 – The U.S. Chemical Safety Board (CSB) today released its 2012 – 2016 strategic plan.
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New CSB Video on Inherently Safe Design and Tech from 2008 Bayer Explosion Investigation

From CSB –
Washington DC July 11, 2012 – The US Chemical Safety Board today released a new safety video that examines the concept of inherent safety and its application across industry; “Inherently Safer: The Future of Risk Reduction” stems from the August 28, 2008, explosion that killed two workers and injured eight others at the Bayer Cro

Seattle MACOSH Meetings Set for July 24-25

From OSHA – June 6, 2012 OSHA will hold meeting of the Maritime Advisory Committee for Occupational Safety and Health WASHINGTON – The Occupational Safety and Health Administration will hold a meeting of the Maritime Advisory Committee for Occupational Safety and Health (MACOSH) July 24-25, 2012, in Seattle.
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OSHA and BP Settle on 2009 Texas City Explosion

From OSHA – June 12, 2012 BP agrees to pay more than $13 million and abate violations in settlement agreement with US Department of Labor Penalty stems from citations for more than 400 process safety management violations cited at Texas refinery in October 2009 WASHINGTON – The U.S.
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PHMSA on HazMat Harmonization with Various UN Recommendations on Dangerous Goods Transport

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has published a notice of proposed rulemaking (NPRM) in response to administrative appeals and seeks public comment on proposals generated as a result of amendments adopted in an international harmonization final rule published in the Federal Register.
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OSHA on Nail Salon Workers

From OSHA’s Office of Outreach Services and Alliances – OSHA has issued a publication called Stay Healthy and Safe While Giving Manicures and Pedicures: A Guide for Nail Salon Workers (OSHA Publication 3542).  This publication provides information to help nail salon workers stay healthy and safe while giving manicures and pedicures.
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FMCSA Final Rule on Driver-Vehicle Inspection Report for Intermodal Equipment

The Federal Motor Carrier Safety Administration (FMCSA) has eliminated the requirement for drivers operating intermodal equipment (IME) to submit–and intermodal equipment providers (IEPs) to retain–driver-vehicle inspection reports (DVIRs) when the driver has neither found nor been made aware of any defects in the IME.
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PHMSA Pipeline Safety Advisory Bulletin on Mechanical Fitting Failure Reports

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has issued an Advisory Bulletin to provide owners and operators of gas distribution pipeline facilities clarification for completing the Mechanical Fitting Failure Report Form, PHMSA F 7100.1-2.
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Misc. PMSA Amendments on DOT Specification Cylinders

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has published an advance notice of proposed rulemaking (ANPRM) to consider amendments to the HazMat Regulations (HMR) to revise requirements for the manufacture, use, and requalification of DOT specification cylinders.
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EPA Emission Standards for Reciprocating Internal Combustion Engines and New Source Standards for Stationary Internal Combustion Engines

EPA is proposing amendments to the national emission standards for hazardous air pollutants for stationary reciprocating internal combustion engines.
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EPA on Emission Standards for Storage Vessel and Transfer Operations, Equipment Leaks, and Closed Vent Systems and Control Devices

On March 26, 2012, the EPA proposed the National Uniform Emission Standards for Storage Vessels and Transfer Operations, Equipment Leaks, and Closed Vent Systems and Control Devices (Uniform Standards). The EPA is extending the deadline for written comments on the proposed amendments by 90 days.
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GAO Stuff on Contractor IDs and Oil Dispersants

Government Is Analyzing Alternatives for Contractor Identification Numbers.  GAO-12-715R, June 12.  http://www.gao.gov/products/GAO-12-715R  Oil Dispersants: Additional Research Needed, Particularly on Subsurface and Arctic Applications, GAO-12-585, May 30. http://www.gao.
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ASSE Government Affairs Update – 5.31.12

ASSE Opposes Effort to Undercut Development of Independent Consensus Standards

In a comment to the Office of the Federal Register (OFR), ASSE strongly opposed possible rulemaking to amend OFR’s regulations defining “reasonably available” or change current requirements related to materials incorporated by reference (IBR) in regulations published in the Federal Register, as sought in a petition to OFR.
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Norris and Howard Renew ASSE-NIOSH Partnership

On May 7, ASSE President Terrie Norris and NIOSH Director John Howard signed a partnership agreement between ASSE and NIOSH.
Read more >

ASSE Asks Members to Join in Fight for NIOSH ERC and AgFF Programs

ASSE called on each of its members to join in the fight against the Obama Administration’s proposed elimination of funding for Education and Resource Centers and the NORA Agriculture, Forestry and Fishing (AgFF) research program by writing emails to key members of the U.S. Senate and House.
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Government Affairs at Safety 2012

The following is a list of sessions at Safety 2012 that involve those in government who contribute to the success of ASSE’s professional development conference, plus a few other issues of interest to ASSE’s own ongoing efforts to advance the profession.  Hope to see you in Denver.
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GAO Publishes Study on OSHA Standard-Setting Process

(See also item on Senate HELP Hearing on this subject.) At the request of Congress, the General Accountability Office (GAO) studied why it takes OSHA so long to finalize a standard.
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GAO Publishes Study on Safety Incentives Programs

On April 9, the Government Accountability Office published a study, “Workplace Safety and Health:  Better OSHA Guidance Needed on Safety Incentive Programs,” (GAO-12-329), which can be found at http://www.gao.gov/products/GAO-12-329.
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OSHA and NIOSH Join in Fall Prevention Push

From OSHA’s Directorate of Cooperative and State Programs – OSHA, NIOSH, and NIOSH’s National Occupational Research Agenda (NORA) Construction Sector Council have launched a campaign to prevent falls in construction.
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OSHA Launches 2012 Heat Campaign

From OSHA’s Directorate of Cooperative and State Programs – OSHA has launched its 2012 campaign to prevent heat illness in outdoor workers.  To those of you involved in last year’s campaign, we thank you for your support and look forward to working with you again this year.
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OSHA Established Whistleblower Protection Advisory Committee

The Secretary of Labor has published the intention to establish the Whistleblower Protection Advisory Committee (WPAC) to advise, consuls with, and make recommendations to the Secretary and the Assistant Secretary of OSHA on ways to improve the fairness, efficiency, effectiveness and transparency of OSHA’s whistleblower protection activities.
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Tales from DC: Cass Sunstein and Future of Voluntary Consensus Standards at SBA

From Adele Abrams, Esq., ASSE’s Federal Representative – On May 18, 2012, I represented ASSE at the bi-monthly meeting of the Small Business Administration’s OSHA/MSHA roundtable.
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Senate HELP Holds Hearing on OSHA Standard Setting Process

On April 19, the Senate Commitee on Health, Education, Labor and Pensions held a hearing entitled, “Time Takes Its Toll:  Delays in OSHA’s Standard-Setting Process and the Impact on Worker Safety.”  the hearing can be watched at http://www.help.senate.
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Tales from DC: Senate HELP Hearing on OSHA Standard Setting Process

From Adele Abrams, Esq.
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NIOSH Resources on Integrating Workplace Safety and Health and Individual Health

From L. Casey Chosewood, MD , Senior Medical Officer and Anita L.
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EPA Draft Guidance on Oil and Gas Hydraulic Fracturing Activities Using Diesel Fuels

EPA seeks comments on a draft document that describes Underground Injection Control (UIC) Program guidance for permitting the underground injection of oil- and gas-related hydraulic fracturing (HF) using diesel fuels where the EPA is the permitting authority.
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WTC Health Program Rules Finalized for Adding New WTC Related Health Conditions

The James Zadroga 9/11 Health and Compensation Act of 2010 amended the Public Health Service Act (PHS Act) to establish the World Trade Center (WTC) Health Program. The PHS Act requires the development of regulations to implement portions of the WTC Health Program established within the Department of Health and Human Services (HHS).
Read more >

Tales from DC: MSHA Stakeholders Meeting on Noise and Fall Protection

April12, from Adele Abrams, Esq.
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PHMSA Issues Advisory Bulletin on MAOP Verification of Records

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has issued an Advisory Bulletin to remind operators of gas and hazardous liquid pipeline facilities to verify their records relating to operating specifications for maximum allowable operating pressure (MAOP) required by 49 CFR 192.
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EPA Proposed Rule on Medical Waste Incinerators and New Stationary Sources

In October 2009, the EPA adopted amendments to its 1997 new source performance standards and emissions guidelines for hospital/medical/infectious waste incinerators in response to a 1999 remand of its 1997 hospital/medical/infectious waste incinerators regulations by a federal appeals court.
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EPA Proposes Electronic Reporting Under TSCA

EPA is proposing to require electronic reporting for information that must be submitted under Toxic Substances Control Act (TSCA) section 4 (pursuant to test rules and enforceable consent agreements (ECAs)), TSCA section 8(a) Preliminary Assessment Information Rule (PAIR), and TSCA section 8(d) Health and Safety Data Reporting rules.
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PHMSA HazMat Final Rule on Packages Intended for Transport by Aircraft

The Pipeline and Hazardous Materials Safety Administration (PHMSA) is amending the Hazardous Materials Regulations to require closures of inner packagings containing liquids within a combination packaging intended for transportation by aircraft to be secured by a secondary means or, where a secondary closure cannot be applied or it is impracticable

Examinations of Work Areas in Underground Coal Mines for Violations of Mandatory Health or Safety Standards

MSHA has revised its requirements for preshift, supplemental, on-shift, and weekly examinations of underground coal mines to require operators to identify violations of health or safety standards related to ventilation, methane, roof control, combustible materials, rock dust, other safeguards, and guarding, as listed in the final rule.
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OSHA Competition to Be OSHA Training Institute Education Centers

OSHA has announced the opportunity for interested non-profit organizations, including qualifying trade associations, labor unions, and community-based and faith-based organizations that are not an agency of a state or local government to submit applications to become an OSHA Training Institute Education Center and deliver standard classroom instruc

Miscellaneous PHMSA HazMat Amendments

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has proposed to make miscellaneous amendments to the Hazardous Materials Regulations to update and clarify certain regulatory requirements.
Read more >

FMCSA Issues Reg Guidance on Tank Vehicle Endorsements

On May 9, 2011, FMCSA published a final rule titled “Commercial Driver’s License Testing and Commercial Learner’s Permit Standards.” Among other things, the rule revised the definition of “tank vehicle.
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GAO Stuff on NRC, DOE, Oil Shale

Nuclear Regulatory Commission: Natural Hazard Assessments Could Be More Risk-Informed.   GAO-12-465, April 26.  http://www.gao.gov/products/GAO-12-465  Highlights – http://www.gao.gov/assets/600/590430.pdf Nuclear Safety: DOE Needs to Determine the Costs and Benefits of Its Safety Reform Effort.  GAO-12-347, April 20.  http://www.gao.
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ASSE Government Affairs Update – 4.12.12

ASSE Joins in Opposing NIOSH AgFF and ERC Funding Cuts in FY13 Administration Budget

ASSE has joined with 127 other NIOSH stakeholders to voice opposition to the Obama Administration’s proposed elimination of funding for Education and Resource Centers and the NORA Agriculture, Forestry and Fishing (AgFF) research program in letters to leaders of the Senate and House Appropriations Subcommittees on Labor, HHS, Education

Norris and Michaels Sign Renewed ASSE-OSHA Alliance

On March 16, ASSE President Terrie Norris and Assistant Secretary David Michaels signed a renewed Alliance agreement between ASSE and OSHA.  The overall goal of the two-year Alliance is to promote best practices for reducing and preventing worker exposures to health and physical hazards.
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Nano SNURs Can’t Overlook Engineering Controls, ASSE Tells EPA

ASSE submitted a comment on an EPA proposed rule to set significant new use rules (SNURs) for chemical substances, 7 of which included carbon nanotubes.
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OSHA Looking for Info on Reinforced Concrete in Construction, Preventing Backover Injuries and Fatalities

OSHA has published a Request for Information on employee safety risks in two areas, reinforcing operations in concrete work (construction only) and fatal backovers by vehicles and equipment (all industries).
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Latest in the Federal Budget Fight over OSHA and MSHA

On March 28, 2012, DoL Secretary Hilda Solis testified before the House Appropropriations Subcommittee On Labor, Health And Human Services, Education And Related Agencies.  Her testimony, at http://www.dol.gov/_sec/media/congress/20120328_solis.
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Responsibility for Upper Big Branch at Issue in DC

On March 27, Assistant Secretary for MSHA, Joe Main, testified before the House Committee on Education and the Workforce about MSHA’s investigation into the April 2010 Upper Big  Branch mine explosion in West Virginia that killed 29 miners.  You can read his testimony at http://www.dol.gov/_sec/media/congress/20120327_Main.htm.
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OSHA Revises Hazard Communication Standard

From OSHA QuickTakes – To better protect workers from hazardous chemicals, OSHA has revised its Hazard Communication Standard (HCS), aligning with the United Nations’ global chemical labeling system (GHS). The revised standard, once implemented, will prevent an estimated 43 deaths and result in an estimated $475.
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OSHA Issues Memo on Safety Incentive and Disincentive Policies

From OSHA QuickTakes –
In a March 12 memo to OSHA Regional Administrators and whistleblower investigative staff, OSHA’s Deputy Assistant Secretary Richard Fairfax addressed workplace policies and practices that can discourage workers from reporting injuries and could constitute unlawful discrimination and a violation of section 11(c) of the

New OSHA NEP for Nursing and Residential Care Facilities

April 5, 2012 US Labor Department’s OSHA announces new National Emphasis Program for Nursing and Residential Care Facilities WASHINGTON – The U.S.
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EPA Announces Fines for Lead RRP Violators

April 5, 2012 EPA Fines Violators of the Lead Renovation, Repair and Painting Rule WASHINGTON – The U.S. Environmental Protection Agency (EPA) announced three enforcement actions for violations of the Lead Renovation, Repair and Painting Rule (RRP) and other lead rules.
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ASSE Transportation Practice Specialty Develops Resource on Avoiding Distracted Driving

In time for Distracted Driving Awareness Month in April, ASSE’s Transportation Practice Specialy has developed a new tip sheet on “Avoiding Distracted Driving” available on a newly established Prevent Distracted Driving ASSE website providing additional distracted driving resources.
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OSHA Announces Harwood Grant Availability

OSHA announced the availability of approximately $1.2 million for Susan Harwood Training Program Grants under the following categories: Targeted Topic Training, and Training and Educational Materials Development Grants.  Grant applications must be received electronically by the Grants.gov system no later than 4:30 p.m., E.T.
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CSB Seeks Comments on Draft Strategic Plan

The U.S. Chemical Safety Board (CSB) announced it is requesting public comments on its draft 2012-2016 CSB Strategic Plan. The draft plan is an update of the 2007 – 2012 CSB Strategic Plan, and includes the CSB’s strategic goals, strategic objectives, and associated measures for managing and evaluating agency operations. CSB Chairperson Dr.
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Employers with High injury and Illness Rates Get a Letter from Dr. Michaels

From OSHA QuickTakes – To help employers understand and improve their injury and illness rates, Assistant Secretary of Labor for Occupational Safety and Health, Dr. David Michaels sent letters to approximately 14,900 workplaces with high rates of days away from work, restricted work or job transfer in 2010.
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California Adopts New PELs

From OSHA QuickTakes – To better protect workers who may be exposed to chemical contaminants, the California Occupational Safety and Health Standards Board has adopted lower permissible exposure limits (PELs) for carbon disulfide, hydrogen fluoride, sulfuric acid, and toluene.
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Michigan Regulatory Reinvention Report Targets Safety Rules

Michigan’s Office of Regulatory Reinvention released a report,  “Recommendations of the Office of Regulatory Reinvention Regarding Workplace Safety Regulations” calling for changing more than 300 Michigan Occupational Safety and Health Administration (MIOSHA) rules exceeding federal regulations and eliminating more than 6oo other MIOSHA

Tales from DC: SBA Office of Advocacy OSHA and MSHA Roundtable Meeting

On March 30, 2012, the Small Business Association, Office of Advocacy held its OSHA/MSHA roundtable, and Justin Winter, Esq. of the Law Office attended on behalf of ASSE.
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OSHA Confirms Direct Final Rule Revising Standards Referenced in the Acetylene Standard

OSHA has confirmed the effective date of its direct final rule revising the Acetylene Standard for general industry by updating the reference to a standard published by a standards-developing organization, the Compressed Gas Association.
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DoT Creates Commercial Bus Safety App

As its Twitter post indicates – “There’s no value in skimping on #safety. Know your carrier w/new mobile #bus #app http://bit.ly/GCJOdM” – the Department of Transportation has created a phone app to check on the safety of commercial bus lines.  At, DoT says about the app at http://fastlane.dot.
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PHMSA Advisory Bulletin on Post Accident Drug and Alcohol Testing

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has issued an Advisory Bulletin concerning its regulations in Part 199 requiring pipeline operators and operators of Liquefied Natural Gas (LNG) facilities to conduct post-accident drug and alcohol tests of covered employees.
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PHMSA Advisory Bulletin on Drisco8000 High Density Polyethylene Pipe

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has issued an Advisory Bulletin to alert operators using Driscopipe[supreg] 8000 High Density Polyethylene Pipe (Drisco8000) of the potential for material degradation.
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CSB Develops Policy on Employee Participation in Investigations

From CSB – Washington, DC, March 7, 2012 — The U.S. Chemical Safety Board (CSB) announced today that it has developed a new policy on employee participation in investigations that the Board hopes will enhance the vital role played by plant workers in determining root causes of incidents and promoting facility safety.
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PHMSA Rulemaking on Pipeline Damage Prevention Programs

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has published a Notice of Proposed Rulemaking seeking to revise the Pipeline Safety Regulations to establish criteria and procedures for determining the adequacy of state pipeline excavation damage prevention law enforcement programs; establish an administrative process for making a

PHMSA Seeks Comments on Leak and Valve Studies

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has published a Notice of Public Comment offering all stakeholders an opportunity to comment on the scope of recently commissioned studies involving leak detection systems and valves.
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PHMSA Advisory Bulletin on Cast Iron Pipe

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has issued an  Advisory Bulletin to owners and operators of natural gas cast iron distribution pipelines and state pipeline safety representatives.
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PHMSA Advisory on Implementing National Registry of Pipeline and Liquefied Natural Gas Operators

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has issued an Advisory Bulletin advising owners and operators of pipeline facilities of PHMSA’s plan for implementing the national registry of pipeline and liquefied natural gas operators.
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OSHA Seeks Applications to Become OTI Training Institute Ed Centers

From OSHA – April 12, 2012 US Department of Labor’s OSHA seeks applications from organizations interested in becoming OSHA Training Institute Education Centers WASHINGTON – The U.S.
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GAO Stuff on Food, Pilot Training, Freight Carriers and Pipelines

 Food Safety: Preslaughter Interventions Could Reduce E. coli in Cattle.  GAO-12-257, March 9.  http://www.gao.gov/products/GAO-12-257  Highlights – http://www.gao.gov/assets/590/589162.pdf Aviation Safety: FAA Has An Opportunity to Enhance Safety and Improve Oversight of Initial Pilot Training, GAO-12-537T, March 20 http://www.gao.
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ASSE Government Affairs Update – 3.2.12

ASSE Responds to Rep. Walberg Commentary on I2P2

 ASSE sent the following letter to the editor in response to a commentary by Representative Tim Walberg (R-MI), Chairman of the House Subcommittee on Workforce Protections, which is responsible for workplace safety and health issues.    Dear Washington Examiner: In response to Rep.
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ASSE States Support for OSHA Rescission of Residential Fall Protection Exemption

In light of the criticism and complaints that have followed the OSHA’s directive rescinding the Interim Fall Protection Compliance Guidelines for Residential Construction, ASSE in a letter to Assistant Secretary David Michaels stated its support for the change in policy as a needed step forward in protecting workers.
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Consider Lower Noise PEL Instead of Econ Feasibility Interpretation, ASSE Tells OSHA

Adding to previous comments opposing OSHA’s Interpretation of Provisions for Feasible Administrative or Engineering Controls of Occupational Noise, ASSE suggested in a letter to Assistant Secretary David Michaels that a more valuable measure to reduce noise exposures would be lowering OSHA’s permissible exposure limit (PEL) for noise from

OSHA Delays I2P2 – Small Businesses Wanted for SBREFA Panel

As the email messages below from SBA and OSHA indicate, OSHA is delaying sending information on its I2P2 rulemaking to the SBA for SBREFA review.   Also, if you have a small business client, they may want to participate in the SBREFA process.  Contact information is below, or let Dave Heidorn know at dheidorn@asse.org.
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OMB Clears Final OSHA HazCom Rule

The Office of Information and Regulatory Affairs of the Office of Management and Budget has concluded its regulatory review of OSHA’s long-awaited rulemaking to align more closely U.S. hazard communication requirements with the UN’s Globally Harmonized System (GHS) of classifying and labeling chemicals.
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2013 Administration Budget Request for Fed Safety Agencies – NIOSH ERCs and AFF Research Again Targeted

On February 13, the White House released and sent to Congress the Administration’s 2013 Budget Request.  The following is from Adele Abrams, who is ASSE’s Federal Representative, summarizes Budget Requests for the workplace safety agencies, OSHA, MSHA, NIOSH and CSB.  NIOSH The 2013 Budget Request for NIOSH is $249.
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Reorg for OSHA Whistleblower Program

OSHA press release – March 1, 2012 WASHINGTON – Moving forward with continuing efforts to strengthen employees’ voices in the workplace, the U.S. Department of Labor’s Occupational Safety and Health Administration today announced a major restructuring of its Office of the Whistleblower Protection Program.
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Upper Big Branch Mine Superintendent Charged with Felony Conspiracy

From the US Attorney’s Office, Southern District of West Virginia at http://www.justice.gov/usao/wvs/press_releases/Feb2012/attachments/022212Gary_May_UBB_release.html Feb. 22, 2012                    UPPER BIG BRANCH MINE SUPERINTENDENT CHARGED WITH FELONY CONSPIRACY CHARLESTON, W.Va.
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OSHA Extends Temporary Enforcement Measures in Residential Construction

From OSHA – February 15, 2012 WASHINGTON –The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) will extend for six months its temporary enforcement measures in residential construction.
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CSB Calls for OSHA Dust Standard on Imperial Sugar Explosion Anniversary

From CSB –
Statement from CSB Chairman Moure-Eraso on the Four Year Anniversary of the Catastrophic Imperial Sugar Explosion – Chairman Continues to Encourage Industry to
Support a Combustible Dust Standard and Applauds Success of Recommendations
 Tuesday, February 7, 2012, marks the fourth anniversary of the massive sugar dust explosion tha

MSHA Says Metal and Nonmetal Mine Compliance Improving

From DoL – The U.S. Department of Labor’s Mine Safety and Health Administration today announced that overall compliance with safety and health regulations is improving among the nation’s more than 12,000 metal and nonmetal mining operations.
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NASA Buy Quiet Roadmap Updated

From NASA – The NASA Buy-Quiet Process Roadmap, an online tool for navigating the procurement of low-noise equipment, has a new home.  The Roadmap, which has been upgraded and updated over the past several months, is part of the NASA EARLAB Auditory Demonstration Laboratory website, which is now located at http://buyquietroadmap.com.
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Nurse Miscarriages Linked to Chemicals at Work

From NIOSH eNews – A new NIOSH study finds a greater-than-expected risk of miscarriages among nurses, associated with occupational exposures to hazardous drugs. The full study is available at http://www.sciencedirect.com/science/article/pii/S0002937811024707.
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Study Links Solvent Exposure to Increased Parkinson Disease Risk

 From a Twitter post by NIOSHConstruct Construction @ NIOSH, comes a study in the Annals of Neurology reporting that exposure to specific solvents may increase risk of Parkinson Disease.  See the abstract at http://bit.ly/AgsCf2.
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EPA Issues Permit for Stormwater Discharges from Construction Sites

From EPA – February 16, 2012 New permit includes more protections for waterways, shaped by important public and stakeholder feedback WASHINGTON – The U.S.
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EPA Final Rule on Electronics Manufacturing Heat Transfer Fluid Provisions

The EPA has finalized technical revisions to the electronics manufacturing source category of the Greenhouse Gas Reporting Rule related to fluorinated heat transfer fluids. EPA has finalized amendments to the definition of fluorinated heat transfer fluids and to the provisions to estimate and report emissions from fluorinated heat transfer fluids.
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GAO Stuff on Pipelines and Superfund

Safety Effects of Less Prescriptive Requirements for Low-Stress Natural Gas Transmission Pipelines Are Uncertain.  GAO-12-389R, February 16.  http://www.gao.gov/products/GAO-12-389R Superfund: Status of EPA’s Efforts to Improve Its Management and Oversight of Special Accounts, GAO-12-109, January 18.  http://www.gao.
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ASSE Government Affairs Update – 2.2.12

Study Finds Quarter Trillion Cost in 2007 Workplace Injuries and Illnesses

The Milbank Quarterly, a journal of population health and health policy, has published a study by J. Paul Leigh of UC-Davis estimating the national costs of occupational injury and illness among US civilians in 2007.  The abstract can be found at http://onlinelibrary.wiley.com/doi/10.1111/j.1468-0009.2011.00648.x/full.
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RAND California Study Indicates What Makes an I2P2 Standard Work

A RAND Corporation study conducted by John Mendeloff and others for the California Commission on Health and Safety and Workers’ Compensation provided an evaluation of the effectiveness of California’s I2P2 standard.  The preliminary draft of the report can be found at https://www.dir.ca.gov/chswc/Reports/2012/IIPPEvaluation.
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OSHA Issues I2P2 White Paper Ahead of Proposal First Look

As the Small Business Administration begins the process of engaging what will be a panel of small businesses in a review of a proposed OSHA injury and illness prevention program (I2P2) standard through the SBREFA process that all OSHA rulemaking must undergo (http://www.sba.
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ASSE Stands Against Reported California Effort to Corner PEL Work for CIHs

On behalf of its nearly 3,000 members in California, ASSE sent a letter to the sponsor of state legislation that has been reported will be used by the California Industrial Hygiene Council (CIHC) to ensure that only CIHs would be able to supervise or direct the monitoring of control methods for PELs in California workplaces.
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ASSE Nominates Gary Lopez to ACCSH

ASSE nominated Gary Lopez to OSHA’s Advisory Committee on Construction Safety and Health (ACCSH).  Gary is a widely respected Professional Member of ASSE with strong experience in managing workplace safety and health risks in the construction industry.
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OSHA Releases Fall 2011 Reg Agenda January 2012

On January 20, the Department of Labor announced its Fall 2011 regulatory agenda.  The agenda itself can be found at http://www.osha.gov/pls/oshaweb/owasrch.search_form?p_doc_type=UNIFIED_AGENDA&p_toc_level=0.
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Four Final Rules on MSHA Reg Agenda

As with OSHA, the Department of Labor’s Statement of Regulatory Priorities explaining the agenda in the context of its overall Good Jobs for Everyone initiative as well as its Plan/Prevent/Protect Compliance Strategy (http://www.dol.gov/regulations/2010RegNarrative.htm) can be found at http://www.dol.gov/asp/regs/Fall2011RegAgenda.pdf.
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Study Finds 2007 Costs of Workplace Injuries and Illnesses $250 Billion

 The Milbank Quarterly, a journal of population health and health policy, has published a study by J. Paul Leigh of UC-Davis estimating the national costs of occupational injury and illness among US civilians in 2007.  The abstract can be found at http://onlinelibrary.wiley.com/doi/10.1111/j.1468-0009.2011.00648.x/full.
Read more >

OSHA Analyzes the Costs of Falls in Construction

From OSHA QuickTakes – A new OSHA PowerPoint presentation shows the heavy financial cost resulting from falls in construction. OSHA analyzed workers’ compensation data for injuries resulting from falls from elevations suffered by roofers and carpenters.
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Duke Study Finds Obesity Increases Workers Comp Costs

From the study, which can be found at http://www.dukehealth.org/health_library/news/10044 “Gaining too much weight can be as bad for an employer’s bottom line as it is for a person’s waistline.
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OSHA Reminds Employers to Post Injury and Illness Summaries Beginning Feb. 1

From OSHA QuickTakes – Beginning Feb. 1, employers who are required to keep the OSHA Form 300 Injury and Illness log must post a summary of the log. Employers must post OSHA’s Form 300A from Feb. 1 to April 30, 2012 in a common area wherever notices to workers are usually posted.
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OSHA Updates Directive for Fed Worker Targeted Inspection Program

From OSHA QuickTakes –  OSHA recently updated its Federal Agency Targeting Inspection Program (FEDTARG) directive for fiscal year 2012. FEDTARG directs programmed inspections of federal agency establishments that experienced high numbers of lost time injuries during FY 2011.
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MSHA Announces Third Phase of Rules to Live By

From MSHA – The U.S. Department of Labor’s Mine Safety and Health Administration today (January 31) launched the third phase of an outreach and enforcement program designed to strengthen efforts to prevent mining fatalities.
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MSHA Announces 2011 Fatality Data

From MSHA – 01/05/2012 MSHA releases preliminary fatality data for 2011 ARLINGTON, Va. — Preliminary data from the U.S. Department of Labor’s Mine Safety and Health Administration released today reveal that 37 miners died in work-related accidents at the nation’s mines in 2011.
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National Academies Lays Out Research Strategy for Nano Risks

The National Academy of Sciences has issued a report A Research Strategy for Environmental, Health, and Safety Aspects of Engineered Nanomaterials stating that, because not enough is known about the potential risks nanomaterils pose to health and the environment, those risks need to be studied further.
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Its Inspector General Says EPA Must Manage Nano Risks Better

 From the summary at http://www.epa.gov/oig/reports/2012/20121229-12-P-0162_glance.pdf . “We found that EPA does not currently have sufficient information or processes to effectively manage the human health and environmental risks of nanomaterials.
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OSHA Posts Summary Report of Stakeholder Meeting on Preventing Occupational Hearing Loss

ASSE was represented at this meeting by Tom Cecich, VP for the Council on Professional Affairs – From OSHA QuickTakes – OSHA held an informal stakeholder meeting Nov. 3, 2011, on preventing occupational hearing loss to provide a public forum and gather information on the best practices for noise reduction in the workplace.
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Feds Issue Memo on Engaging in Voluntary Consensus Standards Activities

The Office of Science and Technology Policy (OSTP), the Office of Management and Budget (OMB), and the Office of the United States Trade Representative (USTR) have issued a memorandum clarifying principles for federal engagement in voluntary consensus standards activities to address national priorities.  Sent to the leadership of U.S.
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New NIOSH Dust Monitor is Commercialized

 The NIOSH Office of Mine Safety and Health Research in Pittsburgh has developed a new personal dust monitor that recently was commercialized as the Personal Dust Monitor 3600 (PDM).  NIOSH believes the monitor will modernize how coal dust exposure in the mining industry is monitored.
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New OSHA Training Videos in English and Spanish on Respirator Use

From OSHA QuickTakes – OSHA has posted a series of 17 videos to help workers learn about the proper use of respirators on the job. These short videos, nine in English and eight in Spanish, provide valuable information to workers in general industry and construction.
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Tales from DC: US-Canada Regulatory Cooperation Council on GHS

From Adele Abrams, Esq., ASSE’s Federal Representative – On January 31, 2012, I represented ASSE at a meeting of the US/Canada Regulatory Cooperation Council (RCC) at the US Department of Commerce.
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CSB Calls for National Fire Code for Hazardous Waste Handling in Ohio Investigation

From CSB – December 26, 2011 Investigation Details:  EQ Hazardous Waste Plant Explosions and Fire; Veolia Environmental Services Flammable Vapor Explosion and Fire   Today as many people enjoy a holiday season spent with friends and family, I would like to call attention to a recent tragedy that occurred late last week in eastern Ohio.
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Environmental Group Uses Health Costs to Argue Against Coal in Kentucky

  The Kentucky Environmental Foundation has issued a report using health research to make an argument against the use of coal in Kentucky.  The report is available at The Health Impact Assessment on Coal and Clean Energy Options in Kentucky.
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CSB Video on TN Hoeganaes Incidents that Killed 5

From CSB – Washington DC, January 5, 2012 – The U.S. Chemical Safety Board (CSB) today released a new safety video depicting three accidents involving combustible iron dust at the Hoeganaes Corporation in Gallatin, Tennessee.
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New OSHA Spanish Translations of Intro to OSHA for Outreach Training Program

From OSHA’s Directorate of Cooperative and State Programs – OSHA has issued Spanish translations of the “Introduction to OSHA” component of its Outreach Training Program curriculum.
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EU Parliament Approves Review of Strategy for Safety and Health at Work

From the European Agency for Safety and Health at Work – The Parliament’s report highlights the need to protect women, young people, ageing and migrant workers in Europe’s workplaces. MSDs and work related stress are pointed out as main areas of concern for European enterprises in relation to OSH.
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EU-OSHA Offers Guide on Incentives

From the European Agency for Safety and Health at Work – This Guide on Economic Incentives Schemes is intended to serve as a practical and user-friendly guide to help incentive providers to create or optimise their own economic incentive schemes.
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EPA on Penalties for On-Highway Heavy-Duty Diesel Engines

EPA is taking final action to make nonconformance penalties (NCPs) available to manufacturers of heavy heavy-duty diesel engines in model years 2012 and 2013 for emissions of oxides of nitrogen (NOX).
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PHMS Publishes Random Drug Testing Rate

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has given notice of its minimum annual percentage rate for random drug testing for covered employees, which will remain at 25 percent during calendar year 2012.  http://www.gpo.gov/fdsys/pkg/FR-2012-01-18/html/2012-740.
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PHMSA on National Registry of Pipeline and Liquefied Natural Gas Operators

The Pipeline and Hazardous Materials Safety Administration (PHMSA) published a notice advising owners and operators of pipeline facilities of PHMSA’s plan regarding the implementation of the national registry of pipeline and liquefied natural gas operators.  The national pipeline operator registry became effective on January 1, 2012.
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OSH Responsibilities Switch from DoE to TOSHA at Some Oak Ridge Facilities

An Addendum to the Memorandum of Understanding between the Department of Labor and the Department of Energy has been signed to transfer employee safety and health authority from the Department of Energy (DOE) to the Tennessee Occupational Safety and Health Administration (TOSHA) at two existing building complexes and three other parcels of land at

EPA Issues National Mercury Pollution Standards for Power Plants

From EPA – December 21, 2011   Historic ‘mercury and air toxics standards’ meet 20-year old requirement to cut dangerous smokestack emissions   WASHINGTON – The U.S.
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EPA Releases Greenhouse Gas Emissions Data from Large Facilities

From EPA –
January 11, 2012
2010 Greenhouse Gas Emissions Data from Large Facilities Now Available
First release of data through the national GHG reporting program
WASHINGTON – For the first time, comprehensive greenhouse gas (GHG) data reported directly from large facilities and suppliers across the country are now easily accessible to the pu

GAO Stuff

Hardrock Mining: BLM Needs to Revise Its Systems for Assessing the Adequacy of Financial Assurances.  GAO-12-189R, December 12 (8 pages) http://www.gao.gov/products/GAO-12-189R Chemical Assessments:  Challenges Remain with EPA’s Integrated Risk Information System Program.  GAO-12-42, December 9.  http://www.gao.
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ASSE Government Affairs Update – 12.20.11

ASSE Supports NTSB Call for Ban on Use of Portable Electronic Devices While Driving

The following press release carried ASSE’s message supporting the National Transportation Safety Board’s (NTSB) call for a nationwide ban on driver use of portable electronic devices while operating a motor vehicle.  NTSB’s press release can be found at http://www.ntsb.gov/news/2011/111213.
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ASSE Nominates Ron Sokol for NACOSH

In a letter letter to Assistant Secretary for OSHA David Michaels, ASSE nominated Ron Sokol, CSP, for NACOSH.
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ASSE and OSHA Meet to Discuss Risk Management Issues

On November 21, 2011, an ASSE delegation consisting of President Terrie Norris, Jim Newberry, Thad Nosal, Manager of Gov’t Affairs and Policy Dave Heidorn and ASSE’s Federal Representative Adele Abrams met at OSHA headquarters with OSHA staff members that included Assistant Secretary David Michaels, Glenn Shor of the California Division of Work

OSH Agencies in FY 2012 Funding Bill

 As indicated in this news release from the House Appropriations Committee Chairman at http://appropriations.house.gov/News/DocumentSingle.aspx?DocumentID=272984, Congress on December 16  passed into law the Conference Report on the Consolidated Appropriations Act of Fiscal Year 2012.
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Corporate Culture Cited as Root Cause of Upper Big Branch Mine Disaster: 369 citations, $10.8 Million in Civil Penalties

From Department of Labor –   The 20-month investigation into the worst coal mining disaster in 40 years came to an end this week. In back-to-back meetings with family members and the public, Assistant Secretary of Labor for the Mine Safety and Health Administration Joseph Main, Solicitor of Labor M.
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Secretary Solis on Upper Big Branch Agreement

From the Department of Labor at http://www.dol.gov/opa/media/press/msha/MSHA20111738.htm 12/6/2011 – Secretary of Labor Hilda L. Solis today issued the following statement in response to the agreement announced today among the U.S. Attorney’s Office for the Southern District of West Virginia, the U.S.
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Congress Passes Bipartisan Pipeline Safety Bill

As this information from a Congressman at http://shuster.house.gov/index.cfm?sectionid=49&itemid=241 and a Senator at http://www.feinstein.senate.gov/public/index.cfm/press-releases?ContentRecord_id=3ab185f7-3754-4373-b5ef-91e013061d20 indicate,  Congress can agree on something and that’s a pipeline safety bill.
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Tales from DC: December 14-15 NACOSH Meeting

From the Law Offices of Adele Abarms, ASSE’s Federal Representative – On behalf of ASSE I attended the 2-day meeting of the National Advisory Committee on Occupational Safety and Health (NACOSH) on December 14-15, 2011, held at the Department of Labor Perkins Building.  Dr.
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Tales from DC: December 15 ACCSH Meeting

From the Law Offices of Adele Abrams, ASSE’s Federal Representative – OSHA held a meeting of the Advisory Committee on Construction Safety and Health (ACCSH) from Dec.13-16, 2011, in Washington, D.C.  The Law Office represented ASSE at the portion held on Dec. 15th.
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National Academy Calls for System Safety Approach in Offshore Drilling

 The following is a press release from the National Academies of Science from http://www8.nationalacademies.org/onpinews/newsitem.aspx?RecordID=13273 Dec.
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DC Circuit Court Upholds OSHA’s Multi-Employer Citation Policy

From OSHA QuickTakes – The D.C. Circuit upheld OSHA’s multi-employer citation policy, in a Dec. 14 decision against Summit Contractors Inc. OSHA cited the company for providing electrical equipment without ground fault circuit interrupters (GFCIs) to its subcontractors in violation of section 1926.
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OSHA Launches NEP on Chemical Facilities

From OSHA – OSHA issued a new National Emphasis Program (NEP) for chemical facilities to protect workers from catastrophic releases of highly hazardous chemicals. The new NEP replaces OSHA’s 2009 pilot Chemical Emphasis Program that covered several OSHA regions around the country.  The program (http://www.osha.
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OSHA Publishes Direct Final Rule on Acetylene Standard

From OSHA QuickTakes –                      OSHA published a revision to its Acetylene Standard in the December 5, 2011, Federal Register that replaces a reference to an outdated consensus standard with an updated reference that reflects current industry practices in the acetylene industry.
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FMCSA and PHMSA Issues Final Rule on Restricting Use of Cellular Phones

The Federal Motor Carrier Safety Administration (FMCSA) and Pipeline and Hazardous Materials Safety Administration (PHMSA) have published a final rule amending the Federal Motor Carrier Safety Regulations (FMCSRs) and the Hazardous Materials Regulations (HMR) to restrict the use of hand-held mobile telephones by drivers of commercial motor vehicles

OSHA Advances NAOSH Week

ASSE greatly appreciates all that OSHA through its alliance program has done to support NAOSH Week.
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OSHA Seeks Nominations to ACCSH

OSHA has invited interested persons to submit nominations for membership on ACCSH.  Three new employer representatives, three new employee representatives, one new representative of state safety and health agencies, and one new public representative will be appointed. Nominations are due January 23, 2012.  http://www.gpo.
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New Findings Show Construction Workers Face Higher Occupational Risks

From NIOSH eNews – Dr.
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Enzi Raises Concern Over Delay in Naming BLS Commissioner

From Senator Enzi’s office – November 29, 2011                                                                                                    Enzi Concerned with Delayed Nominations for Labor Agency Questions Labor Sec.
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Nail Gun Safety Website Launched

From NIOSH eNews – Dr. Hester Lipscomb of Duke University in conjunction with CPWR-The Center for Construction Research and Training—launched a new website http://www.nailgunfacts.org/ on December 2. The website provides video interviews with workers, and information on how nail guns work and how to prevent nail gun injuries.
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Department of Labor Settles Litigation on Illinois Grain Bin Deaths

From Department of Labor at http://www.dol.gov/opa/media/press/osha/OSHA20111702.htm. The U.S.
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OSHA Proposes Revoking Variances for Cylindrical Steel Tank Construction

OSHA states that, between 1975 and 1977, it granted permanent variances to 24 companies engaged in the construction of cylindrical steel tanks.
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OSHA Seeks Comment on Handling Retaliation Complaints under Sarbanes-Oxley

By interim final rule, OSHA is amending regulations governing employee protection (retaliation or whistleblower’) claims under section 806 of the Corporate and Criminal Fraud Accountability Act of 2002, Title VIII of the Sarbanes-Oxley Act of 2002, which was amended by sections 922 and 929A of the Dodd-Frank Wall Street Reform and Consumer Pr

OSHA Announces Safe Workplaces Photo Contest Winners

From OSHA at http://www.osha.gov/osha40/photo-winners.html OSHA is pleased to announce the winners of our Picture It! Safe Workplaces for Everyone photo contest. Thank you to all who submitted their images of workplace safety and health. Please visit the DOL Flickr page to see additional contest submissions.
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EPA Makes Formerly Confidential Chemical Info Available

From EPA –  November 28, 2011   WASHINGTON – As part of Administrator Lisa P. Jackson’s commitment to enhance the U.S.
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Public Hearings for Light-Duty Vehicle Greenhouse Gas Emissions and CAFE Standards

EPA and NHTSA have announcing public hearings for  their joint proposed rules “2017 and Later Model Year Light-Duty Vehicle Greenhouse Gas Emissions and Corporate Average Fuel Economy Standards,” published in the Federal Register on December 1, 2011.
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PHMSA Issues Notice of Changes to Pipeline Safety Regulations

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has issued a notice of proposed rulemaking to make miscellaneous changes to the pipeline safety regulations. The proposed changes would correct errors, address inconsistencies, and respond to rulemaking petitions.
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EPA Proposed Rule on Mineral Wool Production and Wool Fiberglass Manufacturing Emissions

EPA has proposed amendments to the national emissions standards for hazardous air pollutants for mineral wool production and wool fiberglass manufacturing to address the results of the residual risk and technology review that the EPA is required to conduct by the Clean Air Act.
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PHMSA Rulemaking on Use of Excess Flow Valves in Gas Distribution Systems

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has published an advance notice of proposed rulemaking (ANPRM) in response to a National Transportation Safety Board (NTSB) has made a safety recommendation to PHMSA that excess flow valves be installed in all new and renewed gas service lines, regardless of a customer’s class

EPA Final Rule on Shipbuilding and Ship Repair Surface Coating and Wood Furniture Manufacturing Emissions

EPA has published a final rule finalizing the residual risk and technology review conducted for the national emission standards for hazardous air pollutants for Shipbuilding and Ship Repair (Surface Coating) and Wood Furniture Manufacturing Operations. The final rule became effective November 21, 2011.  http://www.gpo.
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EPA Final Rule on Primary Lead Processing Emissions

EPA has published a final rule concerning the residual risk and technology review conducted for the Primary Lead Processing source category regulated under national emission standards for hazardous air pollutants (NESHAP).
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EPA Approves Alternatives to Hydrofluorocarbons in Freezers

From EPA – December 14, 2011 First time that hydrocarbon substitutes will be widely used in the U.S. WASHINGTON – The U.S. Environmental Protection Agency (EPA) has added three hydrocarbons as acceptable alternatives in household and small commercial refrigerators and freezers through EPA’s Significant New Alternatives Policy (SNAP) program.
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GAO Stuff

Environmental Protection Agency: Actions Needed to Improve Planning, Coordination, and Leadership of EPA Laboratories, by Dave C. Trimble, director, Natural Resources and Environment, before the Subcommittee on Energy and the Environment, House Committee on Science, Space, and Technology.  GAO-12-236T, November 17.  http://www.gao.
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ASSE Commends NIOSH for NAOSHW Report

In a letter to Director John Howard, ASSE commended NIOSH for the publication of its National Assessment of the Occupational Safety and Health Workforce report (http://www.cdc.
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NIOSH on the NAOSHW Report

From NIOSH – National Assessment of the Occupational Safety and Health Workforce Released A national survey and assessment of the occupational safety and health workforce has been completed by Westat under contract with NIOSH.
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Tales from DC: OSHA Stakeholders Meeting on Preventing Occupational Hearing Loss

On November 3, Tom Cecich, VP for CoPA, represented ASSE at OSHA’s “Conversation with Stakeholders:  Preventing Hearing Loss” held in response to the Agency’s withdrawal of its economic feasibility interpretation concerning employers’ responsibility to provide engineering controls.
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Efforts to Ensure Qualified Fed OSH Professionals Advance

A too often overlooked issue in occupational safety and health are the qualifications of those responsible for managing safety, health and environmental risks on a worksite.
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ASSE Announces Approval of PtD Voluntary Consensus Standard

From NIOSH – The American Society of Safety Engineers (ASSE) recently announced the approval of the American National Standards Institute (ANSI)/ASSE Z590.3 standard, “Prevention through Design: Guidelines for Addressing Occupational Risks in Design and Redesign Processes.
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ASSE Website Hosts NIOSH PtD Conference Presentations

From NIOSH – Prevention through Design—a new way of doing business: a report on the National Initiative on August 22 – 24, 2011 at the Omni Shoreham hotel in Washington, DC.  ASSE was a sponsor of the event.
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Howard Outlines PtD Efforts

If you have not seen it, NIOSH Director John Howard in the October e-NEWS outlined the various efforts NIOSH and others are undertaking to champion safety through its Prevention through Design (PtD) initiative, including ASSE’s new voluntary consensus standard.
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FACOSH to Meet December 1

From OSHA – WASHINGTON – The Occupational Safety and Health Administration will hold a meeting of the Federal Advisory Council on Occupational Safety and Health (FACOSH) Thursday, Dec. 1, 2011, in Washington, D.C. The Secretary of Labor recently renewed the council’s charter for another two years.
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OSHA and NIOSH Collaborate on New Nail Gun Safety Resource

From OSHA and NIOSH – NIOSH and OSHA are pleased to announce the release of Nail Gun Safety: A Guide for Construction Contractors. While nail guns may boost productivity, they also cause tens of thousands of painful injuries each year.
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CSB Finds Explosions at Oil and Gas Production Sites Put the Public at Risk

From CSB – Hattiesburg, MS, October 27, 2011 – The U.S. Chemical Safety Board (CSB) today released a new study of explosions at oil and gas production sites across the U.S.
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Tales from DC: House Hearing on Ensuring a Responsible Reg Environment

From the Office of Adele Abrams, Esq.
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OSHA Announces 2011 Top Ten Citations

From OSHA – OSHA announced the top ten most frequently cited standards following inspections of worksites by federal OSHA during FY 2011. The Scaffolding and Fall Protection standards in Construction were the top two most cited, maintaining their positions from FY 2010.
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NTSB Recommends FMCSA Ban Use of Cell Phones in Trucks

In a Highway Accident Report for a March 2010 truck-tractor semitrailer median crossover collision with a 15-passenger van in Munfordville, KY, the National Transportation Safety Board (NTSB) recommended the following to the Federal Motor Carrier Safety Administration (FMCSA) –
“Prohibit the use of both handheld and hands-free cellular tele

OSHA Modifies Guidance on Use of Particular Shock Absorbing Lanyard

OSHA’s memo explaining the modified guidance can be found at  http://www.osha.gov/doc/interpretations/I20110822.html.
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OSHA Offers New Publication on Trench Collapses

From OSHA QuickTakes –   OSHA has three new guidance products to educate employers and workers about the hazards in trenching operations.
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New OSHA Resources from Office of Cooperative Programs

OSHA has issued the following new or updated Web pages and publications containing compliance assistance resources: Web Pages: §         Marine Hanging Staging section of Shipyard Employment eTool (Oct. 2011) §         Seasonal Flu Web page (Oct.
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EPA and National Archive Hold Student Multimedia Contest

From EPA – WASHINGTON – The National Archives in collaboration with the Environmental Protection Agency (EPA) today announced the launch of a student multimedia contest, “Document Your Environment”.
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EPA Webinar to Help Industry on TSCA Chemical Data Reporting

From EPA – EPA will host a webinar to assist industry with the reporting process for the 2012 Chemical Data Reporting (CDR) rule on Wednesday, November 16, 2011 from 1:30 PM to 4:30 PM EST.  The webinar is intended for industry stakeholders who will be reporting in response to the CDR requirements.
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EPA Seeks Comment on Disposing Coal Combustion Residuals

EPA invites comment on additional information it obtained in conjunction with the proposed rule: Hazardous and Solid Waste Management System:  Identification and Listing of Special Wastes; Disposal of Coal Combustion Residuals From Electric Utilities that was published in the Federal Register on June 21, 2010 (75 FR 35127).
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Hawaii State Plan No Longer Covering Military Installations

OSHA has approved a change to Hawaii’s occupational safety and health state plan to exclude coverage of private sector employers and employees at all military installations.
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Michigan OSHA Stops Covering Indian Tribes

OSHA has approved a change to the state of Michigan’s occupational safety and health state plan to exclude coverage of establishments on Indian reservations which are owned or operated by employers who are enrolled members of Indian tribes.
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OSHA Updates Grain Handling Topics Page

From the Office of Cooperative Programs – As part of our efforts to keep OSHA’s cooperative program participants informed of the agency’s activities, I wanted to let you know that OSHA has updated its Grain Handling Safety and Health Topics Page with new statistics and updated information on preventing grain dust explosions.
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OSHA Offers New Construction Safety Videos

From the Office of Cooperative Programs – OSHA has issued 12 educational videos about hazards in the construction industry.  Each video presents a worksite incident based on actual accidents that resulted in worker injury or death, followed by a summary of corrective actions for preventing these types of accidents.
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Next Meeting of UN Subcommittee of Experts on GHS

From Mary Frances Lowe, EPA, Office of Pesticide Programs –
Because of your past interest in the Globally Harmonized System of Classification and Labelling of Chemicals (GHS), I am writing to inform you of upcoming meetings of the UN Sub-Committee of Experts on the GHS and  associated working groups (December 7-9, 2011), and the UN Institute for

Gulf Coast Task Force Releases Ecosystem Restoration Strategy for Review

From EPA, October 5 – Agenda outlines blueprint for reversing decline of Gulf Coast ecosystem WASHINGTON - The Gulf Coast Ecosystem Restoration Task Force, chaired by U.S. Environmental Protection Agency Administrator Lisa P.
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GAO Stuff

EPA Health Risk Assessments: Oversight and Sustained Management Key to Overcoming Challenges, GAO-12-148T, October 6 (12 pages) http://www.gao.gov/products/GAO-12-148T Climate Monitoring: NOAA Can Improve Management of the U.S. Historical Climatology Network.  GAO-11-800, August 31.  http://www.gao.
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ASSE Government Affairs Update – 9.26.11

ASSE Says Latest BLS Workplace Fatalities Report Should Be a Call to Action

In response to BLS data BLS data showing little change in workplace fatalities between 2009 and 2010, ASSE President Terrrie Norris issued the call to action below, pointing out the variety of efforts ASSE is undertaking to take a new and different approach to improving worker safety and health.
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ASSE Urges OIRA to Let OSHA Silica Rulemaking Move Forward So All Stakeholders Can Be Heard

In a letter to Cass Sunstein, Administrator of the Office of Management and Budget’s Office of Information and Regulatory Affairs (OIRA) in the White House, ASSE urged his office to do everything possible to advance OSHA rulemaking on Occupational Exposure to Crystalline Silica so that ASSE’s members can play a meaningful part in seeing that

ASSE Comments on Proposed OSHA Reporting Changes

In a comment for the record, ASSE said it could not support proposed changes to OSHA’s fatality and hospitalization reporting rules from the current requirement that employers report within 8 hours fatalities and in-patient hospitalizations of 3 or more employees to 1 or more employees and to add the requirements that amputations b

CSP Recognized in California Standards

The Certified Safety Professional is being recognized in California’s OSH standards.  According to an ASSE member familiar with the issue, “The issue was raised by an ASSE member CSP…It merely defined CSP as one certified by the BCSP, not the National Speakers Association, who also issues CSP designations to Certified Speaking Professionals.
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OSHA Issues New Whistleblower Investigations Manual

From OSHA – September 21, 2011 WASHINGTON – The Department of Labor’s Occupational Safety and Health Administration released a new edition of its Whistleblower Investigations Manual, one of a series of measures to improve OSHA’s Whistleblower Protection Program that were announced in August.
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BOEMRE Releases Report on Deep Horizon

On September 14, the Bureau of Ocean Energy Management, Regulation and Enforcement (BOEMRE) and the US Coast Guard Joint Investigation Team issued their report casting blame for the Deep Horizon oil spill and the deaths of 11 workers. BOEMRE’s press release for the report can be found at  http://www.boemre.gov/ooc/press/2011/press0914.htm.
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Wright and Wark Complete Terms at CSB

From CSB – Statement by CSB Chairperson Rafael Moure-Eraso Congratulating Board Members William Wright and William Wark on Completion of Their Terms September 23, 2011 – Today I wish to applaud William E. Wright and William B. Wark on their five year terms as CSB Board Members, which were completed yesterday.
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OSHA Awards $10.7 Million in Harwood Training Grants

From OSHA – The U.S. Department of Labor’s Occupational Safety and Health Administration today awarded $10.
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OSHA Issues Directive on Workplace Violence

From OSHA’s Cooperative Programs – OSHA has issued a directive called Enforcement Procedures for Investigating or Inspecting Incidents of Workplace Violence (OSHA Instruction CPL 02-01-052, Sep. 8, 2011).
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MSHA Proposes Rule on Proximity Detection Systems for Continuous Mining Machines in Underground Coal Mines

MSHA is proposing to require underground coal mine operators to equip continuous mining machines (except full-face continuous mining machines) with proximity detection systems.
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Obama on Withdrawal of Ozone National Ambient Air Quality Standards

In the news has been the Administration’s withdrawal of draft ozone national ambient air quality standards.  Below is the President’s full statement on that action, which can be found at  http://www.whitehouse.gov/the-press-office/2011/09/02/statement-president-ozone-national-ambient-air-quality-standards.
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OSHA Issues Hazard Alert on Formaldehyde Dangers to Hair Salon Workers

From OSHA – The U.S. Department of Labor’s Occupational Safety and Health Administration has issued a revised hazard alert to hair salon owners and workers about potential formaldehyde exposure from working with certain hair smoothing and straightening products.
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DoT Proposes Banning Electronic Cigarettes on Aircraft

The Department of Transportation is proposing to amend its existing airline smoking rule to explicitly ban the use of electronic cigarettes on all aircraft in scheduled passenger interstate, intrastate and foreign air transportation.
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Interstate Chemical Threats Workgroup Reaches Out

From ICTW – The Interstate Chemical Threats Workgroup was formed in 2002, following the events of 9/11. The workgroups purpose is to share knowledge, materials and resources on chemical threats and to promote cross-disciplinary awareness in chemical preparedness.
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OSHA Posts Educational Video on Preventing Fatal Falls in Residential Construction

From OSHA – OSHA’s narrated Residential Fall Protection slide presentation is the latest compliance assistance tool available to help the residential construction industry comply with the requirements of the agency’s Fall Protection standard.
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New York DoL to Hold Safe Patient Handling Conference

 From OSHA –  The New York Department of Labor’s Division of Safety and Health is cosponsoring the 5th annual Safe Patient Handling Conference October 18-19 at the Albany Marriott Hotel in Albany, NY.
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PHMSA on Compatibility with IAEA Radioactive Material Regs

The Pipeline and Hazardous Materials Safety Administration (PHMSA), in coordination with the Nuclear Regulatory Commission (NRC), is proposing to amend requirements in the Hazardous Materials Regulations (HMR) governing the transportation of Class 7 (radioactive) materials based on recent changes contained in the International Atomic Energy Agency

FMCSA Says Fed Safety Regs Not Applicable to Farm Vehicles

 The Federal Motor Carrier Safety Administration (FMCSA) sought public comment on three issues related to the applicability of the Federal Motor Carrier Safety Regulations (FMCSRs) to operators of farm vehicles, including the interpretation of interstate commerce as it applies to movement of farm products; whether farmers operating under share-cro

PHMSA Safety Notice on Transport of DoT Special Permit Packages

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has issued a safety notice alerting the regulated community to the importance of adhering to federal requirements when offering and transporting hazardous materials in DOT Special Permit (SP) packages.
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FMCSA Final Rule on Saddle-Mount Braking Requirements

The Federal Motor Carrier Safety Administration (FMCSA) amends the Federal Motor Carrier Safety Regulations (FMCSRs) to eliminate the requirement for operational brakes on the last saddle-mounted truck or tractor in a triple saddle-mount combination, except when a full mount is present.
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GAO Stuff on Drugs in Drinking Water to Homeland Security

Environmental Health: Action Needed to Sustain Agencies’ Collaboration on Pharmaceuticals in Drinking Water, GAO-11-346, August 8 (57 pages)  http://www.gao.gov/products/GAO-11-346  Highlights – http://www.gao.gov/highlights/d11346high.
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ASSE Government Affairs Update – 8.31.11

ASSE President Norris Comments on Flat BLS Fatality Data

The Bureau of Labor Statistics data can be found at http://bls.gov/news.release/cfoi.nr0.htm. AMERICAN SOCIETY OF SAFETY ENGINEERS SAY THE JUST-RELEASED FATAL OCCUPATIONAL INJURIES REPORT FOR 2010 SHOULD BE A CALL TO ACTION DES PLAINES, IL (August 30, 2011) – The American Society of Safety Engineers (ASSE) sees the release of the U.S.
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Tales from DC: ASSE at OSHA Infectious Disease Stakeholder Meeting

On Friday, July 29, Joe Klancher represented ASSE at OSHA’s Stakeholder Meeting on Occupational Exposure to Infectious Disease held at the Department of Labor in Washington, DC.  Joe is the Administrator of ASSE’s Healthcare Practice Specialty.  Joe participated in the morning session of the two-part meeting held July 29.
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NIOSH Seeks Comments on Carcinogens and RELs

 NIOSH has published a notice stating it intends to review its approach to classifying carcinogens and establishing recommended exposure limits (RELs) for occupational exposures to hazards associated with cancer.
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OSHA Issues Directive on Corporatewide Settlements

 From OSHA – OSHA issued a new compliance directive June 22 that updates the agency’s directive for administering Corporate-Wide Settlement Agreements (CSAs) with employers.
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DoL Unveils Enhanced Enforcement Database

The new data base can be found at http://ogesdw.dol.gov/.  From Department of Labor –  US Department of Labor improves enforcement database Updated site includes increased search capabilities and visual enhancements WASHINGTON – The U.S.
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OSHA Strengthening Whistleblower Program

OSHA has released a report at http://www.whistleblowers.gov/cover_memo.html documenting an internal review of its Whistleblower Protection Program that calls for a variety of changes to the program – Aug. 1, 2011 WASHINGTON – In a continuing effort to improve the Whistleblower Protection Program, the U.S.
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OSHA Issues Hazard Alert on Worker Engulfment and Suffocation in Grain Bins

From OSHA – Aug. 17, 2011 WASHINGTON – The Occupational Safety and Health Administration (OSHA) has issued a Hazard Alert and an illustrated hazard wallet card explaining the dangers of working inside grain storage bins.
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OSHA Releases Mobile App to Protect Workers from Heat

From OSHA – August 11, 2011 SANDY, Utah – As part of continuing educational efforts by the U.S. Department of Labor’s Occupational Safety and Health Administration about the dangers of extreme heat, Secretary of Labor Hilda L.
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NIOSH NORA 2011 Symposium Highlights

 From the Director’s Desk, John Howard, M.D., August eNews 2011—  Highlights From the NORA 2011 Symposium: Achieving Impact Through Research and Partnerships In July, the National Occupational Research Agenda (NORA) community hosted a symposium on achieving impact through research and partnerships.
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DoL Proposes Changes to Improve Safety for Child Ag Workers

From Department of Labor at http://www.dol.gov/opa/media/press/whd/WHD20111250.htm [08/31/2011] US Labor Department proposes updates to child labor regulations Aims to improve safety of young workers employed in agriculture and related fields WASHINGTON — The U.S.
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NIOSH Seeks Comments on NORA Processes

From NIOSH – As NORA reaches the halfway point of its second decade, NIOSH is conducting a review of the processes of NORA to learn how adjustments can be made to maximize outcomes through 2016. We are interested in your comments on NORA processes, activities and accomplishments, and suggestions for the future.
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NIOSH NORA Manufacturing Sector Conference September 7-8 in Cincinnati

From NIOSH – The NORA Manufacturing Sector Conference will be held September 7–8 in Cincinnati, Ohio. The purpose of the conference is to serve as a national call for action to identify and develop partnerships to improve occupational safety and health in manufacturing.
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NIOSH Manual Materials Handling Workshop October 11-12 in Cincinnati

From NIOSH –  Join NIOSH for the upcoming Manual Materials Handling Workshop: Matching Solutions to Problems, October 11–12, at the Hyatt Regency in Cincinnati, Ohio.
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DOE Seeks Comments on Collaborative Worker Safety and Health Training Document

From NIEHS –
The Department of Energy’s (DOE) National Training Center (NTC), within the Office of Health, Safety and Security (HSS), teamed with the National Institute of Environmental Health Sciences (NIEHS), and the Volpentest HAMMER Training and Education Center (HAMMER) to establish a model for collaborative safety training across DOE

Follow NIOSH FACE Program on Twitter

Like a lot of NIOSH programs, its Fatality Assessment and Control Evaluation (FACE) program is now on Twitter.  The program identifies and investigates work situations at high risk for injury and then formulates and disseminates prevention strategies to help SH&E professionals and others to intervene in the workplace.
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FRA Final Rule on Railroad Employee Hours of Service

The  Federal Railroad  Administration (FRA) has issued a final rule amending its hours of service recordkeeping regulations to add substantive hours of service regulations, including maximum onduty periods, minimum off-duty periods, and other limitations, for train employees (e.g.
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EPA Proposes Emission Standards for Aircraft Engines

EPA has issued a proposed rule proposing several new NOX emission standards, compliance flexibilities, and other regulatory requirements for aircraft turbofan or turbojet engines with rated thrusts greater than 26.7 kilonewtons (kN).
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EPA Criteria for Evaluating Human and Environmental Effects under DfE Program

From EPA – The Office of Pollution Prevention and Toxics has posted final criteria for evaluating human and environmental effects under EPA’s Design for the Environment (DfE) Alternatives Assessment program.
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PHMSA Notice on Damage to Pipeline Facilities Caused by Flooding

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has issued an advisory bulletin to all owners and operators of gas and hazardous liquid pipelines to communicate the potential for damage to pipeline facilities caused by severe flooding.
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EPA Seeks Comment on Policy to Ensure Scientific Integrity

From EPA – August 5, 2011 EPA Releases Draft Policy for Ensuring Scientific Integrity Agency seeking public comment WASHINGTON – The U.S. Environmental Protection Agency today is releasing its draft Scientific Integrity Policy for public comment.
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Administration Proposes Fuel Standards for Trucks and Buses

From EPA –
August 9, 2011
White House Announces First Ever Oil Savings Standards for Heavy Duty Trucks, Buses
Saving $50 billion in fuel costs and over 500 million barrels of oil

WASHINGTON – Today, President Obama will meet with industry officials to discuss the first-of-their-kind fuel efficiency and greenhouse gas pollution standards for w

September is OSH Month in Illinois

From NIOSH – Illinois Gov. Pat Quinn recently proclaimed September 2011 as Occupational Health and Safety Month to recognize the importance of the first national conference on Eliminating Health and Safety Disparities at Work, September 14–15 in Chicago, co-sponsored by NIOSH.
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PHMSA ANPRM on Safety of Gas Transmission Pipelines

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has issued an advanced notice of proposed rulemaking (ANPRM) on whether changes are needed to the regulations governing the safety of gas transmission pipelines.
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GAO Stuff on Climate Engineering, Haz Waste and Cost of Enviro Litigation

 Climate Engineering:  Technical Status, Future Directions, and Potential Responses.  GAO-11-71, July 28.  http://www.gao.gov/products/GAO-11-71  Highlights – http://www.gao.gov/highlights/d1171high.pdf  Podcast – http://www.gao.gov/podcast/watchdog_episode_69.
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ASSE Government Affairs Update – 7.25.11

ASSE Backs CSB Rebuke of Florida on Public Sector Protections

ASSE Press Release –
                                                                  �
AMERICAN SOCIETY OF SAFETY ENGINEERS AGREE WITH FED AGENCY’S REBUKE OF FLORIDA FOR FAILING TO ACT ON PUBLIC SECTOR EMPLOYEE SAFETY
DES PLAINES, IL (July 20, 2011) –  The American

Michaels Speaks, the EU Listens

Last week, Assistant Secretary for OSHA David Michaels spoke to the European Parliament’s Committee on Employment and Social Affairs in Brussels, Belgium.  One of the points he made was about working more closely with Europe in dealing with global worker safety issues.  See the speech at http://www.dol.
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CSB Tells Florida Its Response to Recommendations on 2006 Daytona Beach Explosion Unacceptable

From CSB – CSB Declares Florida’s Failure to Adopt CSB Recommendation on Protecting Public Workers “Unacceptable;” Chairperson Rafael Moure-Eraso asks State to Reconsider Legislation             Washington, DC, July 18, 2011 – The U.S.
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ASSE Backs CSB Action on Florida Failure to Protect Public Sector Workers

ASSE Press Release –
                                                                  
American Society of Safety Engineers News
Protecting people, property and the environment since 1911
For Immediate Release                              Contact

OSHA Seeks Nominations to FACOSH

The Assistant Secretary of Labor for OSHA has invited interested parties to submit nominations for membership on the Federal Advisory Committee for Occupational Safety and Health (FACOSH), which advises the Assistant Secretary on federal employer safety and health. Nominations are due September 6, 2011.  http://www.gpo.
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OSHA Revises Commercial Diving Directive

From OSHA at http://www.osha.gov/pls/oshaweb/owadisp.
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PHMSA on Enforcement Proceedings Involving an Informal Hearing

The Pipeline and Hazardous Materials Safety Administration (PHMSA) is notifying operators of natural gas and hazardous liquid pipeline facilities of the creation of a dedicated ``Presiding Official'' for informal pipeline enforcement hearings and the process operators can expect when requesting an informal hearing.
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DoL Releases Spring 2011 Reg Agenda

The Department of Labor has released its Spring, 2011 Regulatory Agenda, listing the rules and regulations which agencies plan take actions on in the next 12 months.
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I2P2: Howard on the California Experience

In the current discussion over OSHA’s efforts to advance rulemaking on an injury and illness prevention program (I2P2) standard, former Cal OSHA Chief and current NIOSH Director John Howard has given presentations on California’s experience with an I2P2 standard.  On July 15, Dr.
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CSB Calls for Tighter Toxic Gas Handling

From CSB –
CSB Investigation Finds Three DuPont Accidents in Belle, West Virginia, Resulted from Numerous Safety Deficiencies including Lack of Safe Equipment Design, Ineffective Mechanical Integrity Programs, and Incomplete Investigations of Previous Near Misses
Proposed Recommendations to Call for OSHA, Industry Groups to Tighten Safeguards for

OSHA Issues Hazard Alert on Scissor Lifts

 From OSHA’s Cooperative Programs –  OSHA has issued a hazard alert about the dangers of using scissor lifts to film events.  A scissor lift is a portable, hydraulic-powered lift with a platform that can be raised into the air directly above the base.
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OSHA Issues New Corporate-Wide Settlement Agreements Directive

From OSHA QuickTakes –  OSHA issued a new compliance directive June 22 that updates the agency’s directive for administering Corporate-Wide Settlement Agreements (CSAs) with employers.
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OSHA and FDA Sign MOU

 From OSHA QuickTakes –  OSHA signed a memorandum of understanding June 16 with the Food and Drug Administration (FDA) recognizing the importance of close cooperation and collaboration between the FDA and OSHA–two enforcement agencies responsible for preventing injuries and illnesses.
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OSHA 4-State Local Emphasis Program on Powered Industrial Trucks

From OSHA QuickTakes –  OSHA recently initiated Local Emphasis Programs (LEPs) in Alabama, Florida, Georgia and Mississippi focused on reducing fatalities and serious injuries related to powered industrial trucks.
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Tales from DC: NACOSH Meeting June 22

From Adele Abrams, Esq., ASSE's Federal Representative -- On June 22, 2011, I represented ASSE at a meeting of the National Advisory Committee on Occupational Safety & Health (NACOSH) at OSHA headquarters. There were a few handouts, which have been scanned and sent via email.
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PHMSA Revises List of Hazardous Substances and Reportable Quantities

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has issued a final rule amending the Hazardous Materials Regulations by removing saccharin and its salts from the list of hazardous substances and reportable quantities.
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GAO on Biofuels, Safe Water

 Biofuels:  Challenges to the Transportation, Sale, and Use of Intermediate Ethanol Blends.  GAO-11-513, June 3.  http://www.gao.gov/products/GAO-11-513  Highlights – http://www.gao.gov/highlights/d11513high.
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ASSE Government Affairs Update – 6.27.11

In 100th Year of Safety, ASSE Offers OSH Reform Legislative Proposal

In the 100th year of ASSE and modern occupational safety, ASSE offered leaders of the key U.S. Senate and House of Representative committees responsible for workplace safety and health oversight draft legislation to address needed reforms in federal law to help improve U.S. workplace safety and health.
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Secretary Solis Congratulates ASSE on 100th Anniversary

In a video played first at the opening session of Safety 2011 in Chicago, Secretary of Labor Hilda Solis congratulated ASSE on its 100th Anniversary, noting OSHA’s 40th Anniversary, ASSE’s alliance and the shared goal of the Department of Labor, OSHA and ASSE in helping make sure all jobs are safe jobs.
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ASSE Backs FY 2012 MSHA Budget Request

ASSE expressed support for MSHA’s $384.3 FY 2012 budget request in a letter to House Appropriations Committee leaders.  “We believe that safety in mines will be enhanced not by ‘less MSHA’ but by ‘a better MSHA,’” the letter stated.
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North Carolina ASSE Members Urge Senator Hagan to Back VPP Bill

A letter on behalf of ASSE’s members in North Carolina urges Senator Kay Hagan (D-NC) to join in sponsoring  the Voluntary Protection Program Act (S. 807), a bill to place OSHA’s Voluntary Protectiion Program into the Occupational Safety and Health Act, ensuring that OSHA will continue the program.
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Dawn of New Leadership in Safety Research at NIOSH

The following is a June 27 email from NIOSH Director John Howard – It is my pleasure to announce that Ms. Dawn Castillo has accepted the position of the Director of the NIOSH Division of Safety Research (DSR), effective July 3, 2011.
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OSHA’s Standards Improvement Project Final Rule

OSHA has published the final rule for Phase III of its Standards Improvement Project (SIP-III), the third in a series of rulemaking actions to improve and streamline OSHA standards. SIP removes or revises individual requirements within rules that are confusing, outdated, duplicative, or inconsistent.
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DoL Seeks Comment on Preliminary Plan to Reduce Reg Burden

The Department of Labor (DOL) prepared a preliminary plan to review its existing significant regulations and has published a notice to invite comment on the plan.  On January 18, 2011, President Obama issued Executive Order 13563, ``Improving Regulation and Regulatory Review.
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OSHA Proposed Rule on Recordkeeping

From OSHA’s Cooperative Programs – OSHA has issued a proposed rule to revise two aspects of the agency’s recordkeeping and reporting requirements for work-related injuries and illnesses.
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Law Passed in Last Congress Advances Safety Professionalism

In the last days of the last Congress, the Federal Buildings Personnel Training Act of 2010 (FBPTA) was passed into law (PL 111-308).  You can find the bill at http://www.tisp.org/tisp/file/Federal%20Buildings%20Personnel%20Act.pdf.
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MSHA Publishes Rock Dust Final Rule

From MSHA – The U.S. Department of Labor’s Mine Safety and Health Administration today announced that a final rule will be published June 21 in the Federal Register on the maintenance of the incombustible content of rock dust.
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Tales from DC: Education and Workforce Hearing on OSHA and State Plans

From the Law Offices of Adele Abrams, Esq.
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OSHA Announces 3-Month Enforcement Phase-In for Residential Fall Protection

From OSHA – OSHA announced June 9 a three-month enforcement phase-in period to allow residential construction employers to come into compliance with the agency’s new directive to provide residential construction workers with fall protection.
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OSHA Seeks Applications for $4.7 Million in Harwood Safety and Health Training Grants

From OSHA – OSHA is soliciting applications for $4.7 million in Susan Harwood Safety and Health Training Grants. The grants are available to nonprofit organizations to provide safety and health training and education for workers and employers.
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Report from June 7 FACOSH Meeting

From OSHA – The Federal Advisory Council on Occupational Safety and Health (FACOSH) met June 7 to discuss safety and health issues of importance to federal agencies. During the meeting, the Emerging Issues subcommittee reported to FACOSH members on their progress in reviewing the existing permissible exposure limits for hazardous substances.
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MSHA Holding Upper Big Branch Public Briefing June 29

From MSHA –  MSHA News Release: [06/23/2011] US Labor Department’s MSHA to hold June 29 public briefing on investigation of Upper Big Branch Mine explosion ARLINGTON, Va. — The U.S.
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EPA Releases Databases of Chemical Toxicity and Exposure Data

From EPA – June 15, 2011     Searchable databases on chemical toxicity and exposure data now available– The U.S. Environmental Protection Agency (EPA) is making it easier to find data about chemicals.
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OSHA Revises Outreach Training Program Requirements

From OSHA’s Cooperative Programs –  OSHA has revised the requirements and procedures for its voluntary Outreach Training Program to improve the quality of classes and ensure the integrity of authorized trainers.
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EPA Proposes Pesticide Nano Policy

From EPA –   June 9, 2011   EPA Proposes Policy on Nanoscale Materials in Pesticide Products   WASHINGTON – The U.S. Environmental Protection Agency announced today it plans to obtain information on nanoscale materials in pesticide products.
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EPA Removes Confidentiality for 150+ Chemicals

From EPA – June 8, 2011 EPA Removes Confidentiality Claims for More Than 150 Chemicals Part of continuing effort to protect Americans’ health by increasing access to chemical information WASHINGTON – In order to ensure the public has as much information as possible about the health and the environmental impacts of chemicals, the U.S.
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NIOSH Calls for Hearing Loss Prevention Awards Nominations

From NIOSH – Nominations are now being accepted for the 2012 Safe-in-Sound Excellence in Hearing Loss Prevention Awards.™ The awards are given by NIOSH in partnership with the National Hearing Conservation Association (NHCA) to recognize excellence in hearing loss prevention. The deadline for self-nominations is September 1, 2011.
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Register for NIOSH Eliminating Health and Safety Disparities at Work Conference

From NIOSH – Registration is now open for a two-day conference on occupational health and safety disparities, which will be held in Chicago, Illinois.
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NIOSH Extends Abstract Deadline for NORA Manufacturing Conference

From NIOSH – The NORA Manufacturing Sector Council will be accepting abstracts for presentations and posters through June 30 for the NORA Manufacturing Sector Conference, September 7–8, Hyatt Regency, in Cincinnati, Ohio.  http://www.team-psa.com/NORAMNF2011/aboutNora.
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New OSHA NEP Targets Primary Metals Industries

From OSHA –  June 2, 2011  New OSHA National Emphasis Program will help protect workers from chemical and physical hazards in the primary metals industries  WASHINGTON – The Occupational Safety and Health Administration today issued a new directive establishing a National Emphasis Program for the Primary Metals Industries.
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PHMSA HazMat Final Rule on Storing Explosives During Transportation

 The Pipeline and Hazardous Materials Safety Administration (PHMSA) has published a final rule in coordination with the Federal Motor Carrier Safety Administration (FMCSA) approving the use of the National Fire Protection Association Standard (NFPA) 498–Standard for Safe Havens and Interchange Lots for Vehicles Transporting Explosives (2010

PHMSA Safety Advisory on Unauthorized Marking of Compressed Gas Cylinders

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has published a notice advising the public that PHMSA has recently confirmed an undetermined number of certain (aluminum) cylinders were improperly marked and represented as DOT specification 3AL cylinders.
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New MSHA Training Tools on Miner Rights and Responsibilities

From MSHA –  [06/23/2011] New MSHA training tools address miners’ rights and responsibilities ARLINGTON, Va. — The U.S.
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ASSE Government Affairs Update – 6.1.11

ASSE Supports FY 2012 Budget Request for OSHA

In a letter to House Appropriations Committee leaders, ASSE stated its support for the Administration’s FY 2012 budget request for OSHA.  If adopted, the $583.4 million request would give the agency a 4.3 percent increase over OSHA’s FY 2010 budget.
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Bipartisan Effort to Codify VPP Backed by ASSE

Bipartisan legislation introduced in the U.S. Senate and House to place  OSHA’s Voluntary Protectiion Program (VPP) into law and ensure the program’s future has received ASSE’s support.  In letters to Senators Enzi and Landrieu for S 807 and Representatives Petri and Green for HR 1511, ASSE expressed its strong support for VPP.
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ASSE Government Affairs Committee’s Annual Capitol Hill Visits

ASSE’s Government Affairs Committee (GAC) met in Washington DC May 1-3 in conjunction with NAOSH Week for a meeting and to conduct its annual Capitol Hill Visits.
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Weigh in on Proposed Administration Cuts to NIOSH

Repeating the message from previous GA Updates and a blast to all ASSE members, it’s by no means too late to tell Congress how you feel about the Obama Administration’s proposal to cut NIOSH’s Agriculture, Forestry and Fishing research program and support for Educational Resource Centers.  Go to  http://www.asse.org/en/index.
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Regulatory Reform and OSHA

OSH news sources and blogs have been busily discussing the Administration’s recent efforts to engage in regulatory reform.  The lead for this effort has been taken by Cass Sunstein, Administrator of the Office of Information and Regulatory Affairs in the White House.
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OSHA Reopens Record for Comment on Ergo 300 Column Rulemaking

OSHA has reopened the rulemaking record to allow interested persons, particularly small businesses, to comment on the information gathered and on issues raised during the small business teleconferences that OSHA and the Small Business Administration's Office of Advocacy co-sponsored on April 11-12, 2011.
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Tales from DC: March 17 House Appropriations Hearing

From Gary Visscher of The Law Office of Adele Abrams, ASSE’s Federal Representative:
 On behalf of ASSE, on March 17, 2011 I attended the hearing of the House Appropriations Subcommittee on Labor, HHS, Education and Related Agencies , where Secretary of Labor Solis testified on the Administration’s proposed 2012 budget for the Department

NIOSH Seeks Comments on Fire Fighter Fatality Investigation/Prevention Program

From NIOSH – The National Institute for Occupational Safety and Health (NIOSH) is seeking stakeholder input on the progress and future directions of the Fire Fighter Fatality Investigation and Prevention Program (FFFIPP). Since its initiation in 1998, NIOSH has sought public input to help plan and direct the goals and objectives of the FFFIPP.
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New OSHA Online Tool to Help with Recordkeeping

From OSHA –  The U.S. Department of Labor has issued the OSHA Recordkeeping Advisor (http://www.dol.gov/elaws/OSHARecordkeeping.htm), a new Web tool to help employers understand their responsibilities to report and record work-related injuries and illnesses.
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MSHA Releases Upper Big Branch Mine Investigation Interview Transcripts

From MSHA – ARLINGTON, Va. - The U.S. Department of Labor’s Mine Safety and Health Administration today released 25 transcripts of witness interviews from the investigation of the Upper Big Branch Mine explosion that occurred in April 2010.
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US District Court Backs OSHA Subpoena of Insurer in Grain Engulfment Case

From OSHA at http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=NEWS_RELEASES&p_id=19815 CHICAGO – A U.S. district court has upheld a subpoena issued by the U.S. Department of Labor’s Occupational Safety and Health Administration requesting documents from Grinnell Mutual Reinsurance Co.
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New OSHA Region 6 Administrator

From OSHA – John M. Hermanson was recently named regional administrator for the Occupational Safety and Health Administration’s Region 6, which encompasses the states of Arkansas, Louisiana, New Mexico, Oklahoma and Texas.
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New OSHA Worker Rights Products in Chinese and Vietnamese/Young Worker Bookmark

From OSHA Cooperative Programs –  OSHA has issued several new outreach products on worker rights.  These include a new Vietnamese version of the “We Are OSHA – We Can Help” flyer and new Chinese versions of the Workers’ Rights Wallet Card (horizontal).  You can find these products on the Workers’ Rights Outreach (http://www.
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Free NIOSH Hearing Protection Publication

A soft cover copy of NIOSH’s ‘State of the Art in Hearing Protection’ is available for free if you email your mailing address to rrd1@cdc.gov.  This is the March-April 2011 issue of a bi-monthly inter-disciplinary journal.  More info can be found at www.noiseandhealth.org.
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CDC Says US Vehicle Crash Deaths Cost $41 Billion

From CDC at http://www.cdc.gov/media/releases/2011/p0511_crashdeathcosts.html CDC Finds Annual Estimated Cost of U.S.
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MSHA Holds Public Hearings on Underground Coal Work Area Exams/PoV Rulemaking

MSHA has announced it will hold four public hearings on the Agency's proposed rules for Examinations of Work Areas in Underground Coal Mines (Examinations of Work Areas) and for Pattern of Violations. Each hearing will cover the major issues raised by commenters in response to the respective proposed rules.
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EPA Significant New Use Rule on Multi-Walled Carbon Nanotubes

EPA has issued a significant new use rule (SNUR) under the Toxic Substances Control Act (TSCA) for the chemical substance identified generically as multi-walled carbon nanotubes (MWCNT).
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FCSMA Finale Rule on CDL License Testing/Permit Standards

The Federal Motor Carrier Safety Administration (FMCSA) has amended its commercial driver's license (CDL) knowledge and skills testing standards and established new minimum federal standards for states to issue the commercial learner's permit (CLP).
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FMCSA Final Rule on Hours of Service Exception for Railroad Signal Employees

The Federal Motor Carrier Safety Administration (FMCSA) amended its hours-of-service (HOS) regulations to adopt regulatory language consistent with the statutory exemption for certain railroad signal employees operating commercial motor vehicles (CMVs) in connection with railroad signal work.
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NIOSH Study on Impact of Business Cycle on Workplace Injuries

From NIOSH – A recent NIOSH study published in the Journal of Safety Research identified cyclically sensitive sectors and explored potential mechanisms through which the business cycle affected the incidence of nonfatal workplace injuries across different sectors.
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NIOSH Seeks Comments on Preventing Respiratory Diseases from Dampness in Buildings

NIOSH is asking for public comment on a NIOSH Alert: Preventing Occupational Respiratory Disease from Dampness in Office Buildings, Schools, and other Nonindustrial Buildings. The alert’s purpose is to give workers and employers guidance for respiratory disease prevention and appropriate environmental response to damp building conditions.
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OSHA Surveys Employers to Better Design Rules and Outreach

From OSHA – The U.S. Department of Labor’s Occupational Safety and Health Administration has launched a survey of private sector employers as a tool toward better designing future rules, compliance assistance and outreach efforts.
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OSH in CDC Health Scientists’ 10 Great Public Health Achievements

The CDC, in the May 20 Morbidity and Mortality Weekly Report (MMWR) (http://www.cdc.gov/mmwr/preview/mmwrhtml/mm6019a5.htm) has published a list of the 10 great public health achievements occurring in the last decade, between 2001-2010, of which occupational safety is one.
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OSHA Issues Memo on VPP Incentives

Assistant Secretary David Michaels in April issued a memorandum outlining Agency policy and procedures for the review of incentive programs at VPP worksites.
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PHMSA Advisory on Annual Report Deadline for Gas

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has issued an advisory bulletin advising owners and operators of gas transmission and gathering systems and Liquefied Natural Gas (LNG) facilities that they have until August 15, 2011, to submit their Calendar Year 2010 Annual Reports.
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FACOSH June 7 Meeting, Member Appointment Announced

OSHA’s Federal Advisory Council on Occupational Safety and Health (FACOSH) will meet June 7, 2011, at the Department of Labor in Washington, DC.   Also, Secretary Solis appointed Edward A. Hamilton, Sr., U.S. Department of Justice, to complete an unexpired term on FACOSH. http://www.gpo.gov/fdsys/pkg/FR-2011-05-18/html/2011-12190.
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PHMSA Meetings on Pipeline Seam Welds/Improving Risk Assessment and Recordkeeping

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has announced public meetings to address recent pipeline incidents involving seam weld anomalies, gaps in data and recordkeeping and driving a stronger focus on better managing these challenges.
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PHMSA Applies Safety Regs to All Rural Onshore Hazardous Liquid Low-Stress Lines

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has published a final rule amending its pipeline safety regulations to apply safety regulation to rural low-stress hazardous liquid pipelines not covered previously by safety regulations.
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ASSE Government Affairs Update – 4.29.11

New Law Regulating Handling of Toxic Drugs in Washington State

Washington Gov. Chris Gregoire has signed into law a bill (SB 5594) to regulate the handling of hazardous drugs.
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Federal OSH Agencies Fare Well in New CR – EPA Slashed

In the latest Continuing Resolution for the remainder of FY 2011, the April 11 deal that is now up for a vote in Congress nearly $40 billion is cut from the federal budget through September.  EPA is cut 16%, one of the biggest percentage cuts in the whole bill, $1.6 billion less than FY 2010.
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OSHA Issues Guidance On Fall Protection In Residential Construction

To help comply with its December directive, OSHA has issued new guidance on fall protection in residential construction to help employers prevent fall-related injuries and deaths.  Find it at  http://www.osha.gov/doc/guidance.html.
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Weigh in on NIOSH Cuts

Repeating the message from the previous GA Update and a blast to all ASSE members, it’s by no means too late to tell Congress how you feel about the Obama Administration’s proposal to cut NIOSH’s Agriculture, Forestry and Fishing research program and support for Educational Resource Centers.  Go to  http://www.asse.org/en/index.
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CSB Budget Request Gets ASSE Support

ASSE stated its support for the U.S. Chemical Safety and Hazard Investigation Board’s (CSB) FY 2012 budget request of $12.8 million in letters to Senate and House leaders of the Appropriations Subcommittees on Interior, Environment, and Related Agencies.
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ASSE Supports Member Jones for CSB

In a letter to the White House, ASSE stated its support for Jerry L. Jones, a member, to be nominated to the U.S. Chemical Safety and Hazard Investigation Board.
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ASSE Comments on MSHA PoV Proposed Rule

ASSE submitted comments on the Mine Safety and Health Administration’s Proposed Rule Pattern of Violation (PoV) intended to strengthen MSHA’s ability to find that a mine has a recurring pattern of violations requiring heightened oversight by MSHA.
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Federal OSH Agencies Fare Well in New CR – EPA Slashed

In the latest Continuing Resolution for the remainder of FY 2011, the April 11 deal that is now up for a vote in Congress nearly $40 billion is cut from the federal budget through September.  EPA is cut 16%, one of the biggest percentage cuts in the whole bill, $1.6 billion less than FY 2010.
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DoL Launches National Heat-Related Illness Outreach Campaign

Secretary of Labor Hilda L. Solis announced on April 26 a national outreach initiative by OSHA to educate workers and their employers about the hazards of working outdoors in the heat and steps needed to prevent heat-related illnesses.  The Department’s announcement can be found at http://www.dol.gov/opa/media/press/osha/OSHA20110594.htm.
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Democrats and Republicans Join in Seeking Codification of VPP

Senators Michael Enzi (R-WY) and Mary Landrieu (D-LA) [S 807] and Representatives Thomas Petri (R-WI) and Gene Green (R-TX) (HR 1511] have introduced bipartisan legislation that would put into law OSHA’s Voluntary Protection Program.  Senator Enzi’s statement on introduction can be found at http://drownehs.com/Documents/VPP%20Act%20statement.
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House Democrats Reintroduce Byrd Mine Safety Bill

House Democrats reintroduced the Robert C. Byrd Mine Safety Protection Act.  ASSE commented on the bill last year.  The following is a summary from Democrats on the House Committee on Education and the Wokforce, available at http://democrats.edworkforce.house.gov/blog/2011/04/robert-c-byrd-mine-safety-prot.shtml. The Robert C.
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OSHA Holding Expert Forum on Regulatory Options to Address Combustible Dust Hazards

From OSHA –  WASHINGTON – Since 1980, nearly 150 workers have been killed and more than 850 injured in combustible dust explosions. To explore methods for preventing such explosions, the Occupational Safety and Health Administration invited outside experts to participate in a Combustible Dust Expert Forum May 13, 2011.
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Attend the NIOSH PtD Conference August 22-24 in DC

The draft agenda for the August 22-24 NIOSH conference Prevention through Design:  A New Way of Doing Business – Report on the National Initiative can be found at http://www.cdc.gov/niosh/topics/ptd/a-new-way/.  The conference marks the mid-point of the PtD National Initiative.
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Attend the NIOSH NORA Symposium July 11-12

NIOSH has announced that registration is now open for the NORA Symposium 2011: Achieving Impact through Research and Partnerships to be held July 11–12 in Cincinnati OH. https://www.team-psa.com/NORA2011/aboutNora.asp.
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PHMSA Seeks Restrictions on Cell Phone Use by HazMat Drivers

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has
issued a proposed rule to restrict the use of hand-held mobile
telephones, including hand-held cell phones, by drivers during the
operation of a motor vehicle containing a quantity of hazardous
materials requiring placarding under Part 172 of the 49 CFR or any
quantity of a sele

OSHA Revised Outreach Training Program

From OSHA – OSHA revisions strengthen Outreach Training Program  WASHINGTON – The Occupational Safety and Health Administration revised its voluntary Outreach Training Program requirements and procedures to improve the quality of outreach classes and ensure the integrity of its authorized trainers.
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MSHA Inspectors Get New Online Tool to Detect Flagrant Violations

MSHA News Release: [04/19/2011] ARLINGTON, Va. - The U.S.
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New Law Regulating Handling of Toxic Drugs in Washington State

Washington Gov. Chris Gregoire has signed into law a bill (SB 5594) to regulate the handling of hazardous drugs.
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MSHA Makes Agency Audit Results Public

MSHA announced it has posted on its website audit reports by the agency’s Office of Accountability from 2008 to 2010. A report summarizing these audits was provided to the House and Senate Appropriations committees in March 2010.  MSHA’s news release can be found at http://www.dol.gov/opa/media/press/msha/MSHA20110564.htm.
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NIOSH Study Asks If Business Cycle Affects Nonfatal Workplace Injuries

From NIOSH –  A recent NIOSH study published in the Journal of Safety Research identified cyclically sensitive sectors and explored potential mechanisms through which the business cycle affected the incidence of nonfatal workplace injuries across different sectors.
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EPA Proposes New Air Toxic Standards for Polyvinyl Chloride Production Facilities

 From EPA –  April 18, 2011  Standards would cut harmful emissions that impact local communities  WASHINGTON – The U.S.
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EPA Announces Action Plans to Address MDI and TDI Risks

From EPA – April 13, 2011 EPA Announces Actions on Two Chemicals to Reduce Harm to People WASHINGTON – The U.S. Environmental Protection Agency (EPA) has released action plans to address the potential health risks of methylene diphenyl diisocyanate (MDI), toluene diisocyanate (TDI), and related compounds.
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NIOSH and Carcinogens

Paul Schulte, Ph.D., Director, NIOSH Education and Information Division, has written a column for NIOSH eNews laying out NIOSH’s history of addressing workplace carcinogen risks.  From the introduction, “Estimates of the fraction of cancers attributable to occupation vary.
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FMCSA Updates CDL Info System State Procedures Manual

The Federal Motor Carrier Safety Administration (FMCSA) has proposed to amend the Federal Motor Carrier Safety Regulations (FMCSRs) to incorporate by reference the most recent version of the American Association of Motor Vehicle Administrators, Inc.
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NIOSH Resource Shows Risks of Japan Radiation Dispersal

From NIOSH – A new NIOSH Web page provides information to help workers, employers, and occupational health professionals stay informed about ongoing federal activities to address the release of airborne contamination from the damaged Japanese power plant. The page will be updated as new information becomes available. http://www.cdc.
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New Nano Safety System Tested

From NIOSH – NIOSH researchers recently evaluated the effectiveness of a portable HEPA-filter local exhaust ventilation system as a possible tool for controlling exposure to nanoparticles from metal oxides.
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Study Details Common Teen Driving Errors in Serious Crashes

The Children’s Hospital of Philadelphia (CHOP) and State Farm Insurance Companies ® have published a study that identifies the most common errors teen drivers make leading to serious crashes.  The study found a virtual tie among the top three errors – Lack of scanning needed to detect and respond to hazards.
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ASSE Gov’t Affairs Update – 4.5.11

CALL TO ACTION: Oppose Proposed FY ’12 Cuts to NIOSH Ag, Forestry and Fishing Program and ERCs

Please join ASSE in opposing the Obama Administration’s proposed FY 2012 budget elimination of two significant NIOSH activities - the Agriculture, Forestry and Fishing (AFF) Program and Educational Research Centers (ERCs).
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ASSE Opposes Administration’s Proposed FY ’12 Cuts to NIOSH Ag, Forestry & Fishing and ERCs

ASSE voiced opposition to the Obama Administration’s proposed FY 2012 budget cuts to two significant NIOSH activities - the Agriculture, Forestry and Fishing (AFF) Program and Educational Research Centers (ERCs).
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ASSE Opposes U.S. House Cuts to OSHA in FY 2011 Budget Battle

In a letter to the leadership of the House Appropriations Committee’s Subcommittee on Labor, Health and Human Services, Education, and Related  Agencies, ASSE stated its opposition to significant cutbacks to OSHA funding proposed in the House of Representatives’ HR 1 as a Continuing Resolution for the remainder of the federal government’s

ASSE and 110 Other Stakeholders Join to Oppose FY ’12 NIOSH Budget Cuts

In a letter to Senate and House Appropriations Subcommittee leaders, 111 Friends of NIOSH  joined together to voice opposition to proposed cuts to NIOSH’s Agricultural, Forestry and Fishing program and its support for Educational Resource Centers (ERCs) contained in the Obama Administration’s FY 2012 budget proposal.  http://www.asse.
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ASSE Comments on OSHA’s Interpretation of Hearing Protection Economic Feasibility

In submitting a comment on OSHA’s withdrawn Interpretation of Provisions for Feasible Administrative or Engineering Controls of Occupational Noise,  ASSE said OSHA was correct in attempting to ensure that employers are appropriately recognizing the hierarchy of controls in minimizing noise risks.
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MSHA Extends POV Comment Period to April 18

MSHA has extended the comment period on the proposed rule addressing Pattern of Violations (POV). This extension gives commenters additional time to review and comment on the proposed rule. Comments are now April 18, 2011. http://edocket.access.gpo.gov/2011/2011-7975.
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DoT Announces Pipeline Safety Action Plan

From Department of Transportation at http://www.dot.gov/affairs/2011/dot4111.html Monday, April 4, 2011 ALLENTOWN, Pa. – U.S. Transportation Secretary Ray LaHood today launched a national pipeline safety initiative to repair and replace aging pipelines to prevent potentially catastrophic incidents.
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Next MACOSH Meeting and New Members Announced

The Secretary of Labor announced in January 2011 her intention to reestablish the Maritime Advisory Committee for Occupational Safety and Health (MACOSH).  She signed the MACOSH charter on January 25, which will expire after two years on January 25, 2013.
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OSHA Citation Upheld Against Wal-Mart in Crowd Management Fatality Case

From OSHA QuickTakes – OSHA applauds the March 25 ruling by Chief Administrative Law Judge Covette Rooney, of the independent Occupational Safety and Health Review Commission, upholding the citation and full penalty issued to Wal-Mart Stores Inc.
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CSB Chair Urges Refiners Make Necessary Investments to Ensure Safety

Washington, DC, April 1, 2011 – Marking the one year anniversary of the tragic accident at the Tesoro Refinery in Anacortes, Washington, the U.S. Chemical Safety Board (CSB) released a video safety message (http://www.csb.gov/assets/news/document/Tesoro_Anniversary_-_Safety_Message_-_Final.
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Tales from the Front: March 31 Senate HELP Hearing on Mine Safety

From Adele Abram, Esq., ASSE’s Federal Representative – Today, I represented ASSE at the hearing before the Senate HELP committee on mine safety and health issues. Although the topic was intended to focus on the one-year anniversary of the Massey Upper Big Branch (UBB) mine disaster, the discussion was more broad-ranging.
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MSHA to Hold Public Briefing June 29 on Upper Big Branch Mine Investigation

From MSHA – ARLINGTON, Va. - The U.S. Department of Labor’s Mine Safety and Health Administration today announced that it will hold a briefing on June 29 to share with the public information gathered during the investigation of the explosion at the Upper Big Branch Mine in Raleigh County, W.Va.
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MSHA Announces Results of February Impact Inspections

From MSHA – The U.S. Department of Labor’s Mine Safety and Health Administration today announced that federal inspectors issued 166 citations and orders during special impact inspections conducted at seven coal mines and one dimension stone quarry last month.
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NIOSH Issues Asbestos Roadmap Document

From NIOSH at  http://www.cdc.gov/niosh/updates/upd-03-23-11.html The National Institute for Occupational Safety and Health (NIOSH) announces the availability of “Current Intelligence Bulletin: Asbestos Fibers and Other Elongate Mineral Particles: State of the Science and Roadmap for Research.
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OSHA/NIOSH Guidance on Spirometry Testing to Reduce Respitory Hazard Exposure

From OSHA on March 25, 2011— WASHINGTON – The Occupational Safety and Health Administration and the National Institute for Occupational Safety and Health (NIOSH) developed two guidance documents, one for workers and one for employers, which describe the use of spirometry testing to help reduce and prevent worker exposure to respiratory hazards.
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NIOSH Seeks Public Input to Update Its Nanotechnology Strategic Plan

 From NIOSH – The National Institute for Occupational Safety and Health (NIOSH) is seeking public input “on the types of hazard identification and risk management research that should be considered for updating the NIOSH 2009 nanotechnology strategic plan,” the agency announced in a March 7, 2011 Federal Register notice.
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OSHA Final Rule on Nuclear and Environmental Retaliation Complaints

From OSHA – WASHINGTON – The Occupational Safety and Health Administration recently published a final rule (http://www.osha.gov/pls/oshaweb/owadisp.
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PHMSA Final Rule Limiting Electronic Device Use By HazMat Drivers

The Pipeline and Hazardous Materials Safety Administration (PHMSA) is prohibiting texting on electronic devices by drivers during the operation of a motor vehicle containing a quantity of hazardous materials requiring placarding or any quantity of a select agent or toxin listed in the Department of Health and Human Services “Select Agents and

OSHA Seeks Comments on VPP Paperwork Requirements

OSHA has asked for comments on its proposal to extend the Office of Management and Budget's (OMB's) approval of the information collection requirements contained in its Voluntary Protection Programs Information. This is a routine requirement but an opportunity to comment on any concerns with the paperwork involved in the program.
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OSHA Seeks Applications to Provide Online Outreach Training Programs

OSHA has announced the opportunity for interested organizations to submit applications to be authorized to deliver 10-hour and/or 30-hour OSHA Outreach Training Program courses in the construction industry, general industry, and maritime industry in an online format.
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PHMSA Final Rule on Enhanced Enforcement Authority Procedures

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has published a final rule to implement enhanced inspection, investigation, and enforcement authority conferred by the Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005.
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NIOSH Workplace Safety Messages on Spanish-Language TV

NIOSH developed content for a series of short Spanish-language videos on occupational safety and health for the Hispanic Information and Telecommunications Network (HITN). The videos, narrated by Maria Sofia Lioce of NIOSH, aired on a live national Spanish-language talk show on HITN. The videos featured topics on silicosis (http://www.hitn.
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EPA Announces Next Steps for Greenhouse Gas Emissions Reporting Program

From EPA March 1, 2011 – WASHINGTON – The U.S. Environmental Protection Agency is announcing that its Greenhouse Gas (GHG) Reporting Program has recently completed extensive work to develop GHG data reporting requirements for a wide range of different industries in response to Congressional mandates.
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Canadian Report Says Workplace Stress Highest For Invested Workers

As reported by the Canadian Centre for Occupational Safety and Health, “Most people who work have occasionally felt stress from their jobs. However for workers who experience high levels of stress on an ongoing basis, stress can turn into burnout, mental health disorders and physical illnesses.
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New Cal OSHA Chief

Various media sources are reporting that Governor Jerry Brown has appointed Ellen Widess to head California’s Division of Occupational Safety and Health (DOSH) beginning April 15th.  Ms. Widess oversaw the Division’s pesticide program from the late 1970s to the early 1980s.
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MSHA Proposed Rule to Lower Miner Exposure to Respirable Coal Mine Dust/Continuous Personal Dust Monitors

MSHA has requested comments on the proposed rule published in the Federal Register on October 19, 2010, addressing Lowering Miners' Exposure to Respirable Coal Mine Dust, Including Continuous Personal Dust Monitors.
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PHMSA on HazMat Cargo Tank Motor Vehicle Loading/Unloading Operations

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has
issued a notice of proposed rulemaking (NPRM) to amend the Hazardous
Materials Regulations to require each carrier or facility engaged in
cargo tank loading or unloading operations to perform a risk
assessment of the loading and unloading operation and develop and
implement safe

EPA Final Rule on IDing Non-Hazardous Secondary Materials that are Solid Waste

EPA has published a final rule that identifies which non-hazardous secondary materials, when used as fuels or ingredients in combustion units, are ``solid wastes'' under the Resource Conservation and Recovery Act (RCRA).
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EPA Final Rule on Commercial/Industrial Solid Waste Incineration Unit Emissions

EPA has promulgated a final response to a 2001 voluntary remand of a December 2000 new source performance standards and emission guidelines for commercial and industrial solid waste incineration units and the vacatur and remand of several definitions by the District of Columbia Circuit Court of Appeals in 2007.
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NIEHS RFI on Assessing Human Health Impacts of Exposure to Mixtures

The National Institute of Environmental Health Sciences (NIEHs), the Division of Extramural Research and Training (DERT) and the National Toxicology Program (NTP) seek input for identification of key research areas in mixtures.
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PHMSA on HazMat Cargo Tank Motor Vehicle Loading/Unloading Operations

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has
issued a notice of proposed rulemaking (NPRM) to amend the Hazardous
Materials Regulations to require each carrier or facility engaged in
cargo tank loading or unloading operations to perform a risk
assessment of the loading and unloading operation and develop and
implement safe

EPA Final Rule on IDing Non-Hazardous Secondary Materials that are Solid Waste

EPA has published a final rule that identifies which non-hazardous secondary materials, when used as fuels or ingredients in combustion units, are ``solid wastes'' under the Resource Conservation and Recovery Act (RCRA).
Read more >

EPA Final Rule on Commercial/Industrial Solid Waste Incineration Unit Emissions

EPA has promulgated a final response to a 2001 voluntary remand of a December 2000 new source performance standards and emission guidelines for commercial and industrial solid waste incineration units and the vacatur and remand of several definitions by the District of Columbia Circuit Court of Appeals in 2007.
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Fed OSH Agency Budget Battle Detailed

Dominating the occupational safety and health debate in Washington, DC, in 2011 will be Congressional appropriations for OSHA, NIOSH, CSB and MSHA.  Below are the current proposals.  On the left are provisions contained in a bill passed by the House on February 19 that would continue funding for FY 2011.
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ASSE’s Michigan Members Oppose Bill to End MIOSHA

ASSE’s members in Michigan have stated their staunch support for Michigan’s Occupational Safety and Health Administration (MIOSHA) in a letter to the sponsor of a bill that would abolish the state plan.
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ASSE Members in Maryland Oppose Bill to Create New IH Designations

ASSE members in Maryland have taken a stand against a bill that would establish two new industrial hygiene designations in the state.
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ASSE and AIHA Call for Study to Find Best Place for NIOSH

In a joint letter to Rep. John Kline, Chairman of the House Committee on Education and the Workforce, ASSE and AIHA joined together to call for a GAO study to determine the best location for the National Institute for Occupational Safety and Health (NIOSH) in the federal government.
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ASSE Shares View of OSHA I2P2 Rulemaking with House Oversight Committee

In a letter to Representative Darrell Issa, Chairman of the House Committee on Oversight and Government Reform, ASSE expressed its support for OSHA’s injury and illness prevention program (I2P2) standard rulemaking but shared its December 2010 letter to Assistant Secretary for OSHA David Michaels stating the principles ASSE will use in helping

MSHA Proposes Rule on Pattern of Violations

MSHA has proposed to revise its existing regulation for pattern of violations (POV).
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OSHA at 40 Timeline

From OSHA –  April 28, 2011, marks the 40th anniversary of the establishment of OSHA. Since OSHA’s creation, the nation has seen remarkable progress in worker health and safety. Throughout 2011, OSHA is presenting a series of activities to celebrate these accomplishments.
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NIOSH NORA Seeks Nominations for Awards

From NIOSH - The National Occupational Research Agenda (NORA) Liaison Committee and NIOSH are pleased to announce an invitation for nominations for two prestigious worker health and safety awards to be presented at the seventh NORA Symposium to be held in Cincinnati, OH, on July 12-13, 2011. Details for each award are listed below.
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Lowering Exposure to Respirable Coal Mine Dust/Continuous Personal Dust Monitors

MSHA has extended the comment period on the proposed rule addressing Lowering Miners' Exposure to Respirable Coal Mine Dust, Including Continuous Personal Dust Monitors. This extension gives commenters additional time to review and comment on the proposed rule.
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NIOSH Seeks Abstracts for Eliminating Health and Safety Disparities at Work Conference

From NIOSH –
The National Institute for Occupational Safety and Health’s (NIOSH) first national conference on occupational health and safety disparities will bring together people from multiple disciplines and perspectives to address the social, cultural, and economic factors that create and perpetuate disparities due to the work enviro

NIOSH Publishes Alert on Beryllium

NIOSH has published an alert on beryllium, available at http://www.cdc.gov/niosh/docs/2011-107/pdfs/2011-107.pdf.  “Preventing Sensitization and Disease from Beryllium Exposure” warns that cases of beryllium sensitization and chronic beryllium disease have been reported from exposures below the current OSHA PEL of 2.
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Oregon OSHA Adopts New Crane Standard

On February 9, Oregon OSHA adopted a new crane standard, available at http://tinyurl.com/4b5y6nz.
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Tales from the Front: House Subcommittee on Workforce Protections Hearing on OSHA Reg Agenda

On Tuesday, February 15, 2011 Heidi Hansen of the law Office of Adele Abrams attended the House Education and the Workforce (formerly “Labor”) Committee’s Subcommittee on Workforce Protections hearing entitled “Investigating OSHA’s Regulatory Agenda and Its Impact on Job Creation.”  Members present were: Rep.
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CSB Releases Video on Gas Release Hazards

From CSB – CSB Releases New Safety Video on One Year Anniversary of Kleen Energy; “Deadly Practices” Focuses on ConAgra and Kleen Energy Explosions to Show Hazards of Gas Releases Washington, DC, February 4, 2011 – The U.S.
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Former OSHA Regional Administrator Dean McDaniel Dies

From OSHA – Dean McDaniel, Jr., former OSHA Regional Administrator for Region VI, passed away Jan. 31 in Dallas. He was 59. McDaniel had a 35-year career with OSHA. As Regional Administrator, McDaniel supervised the agency’s activities in five states and managed 12 offices with 275 workers.
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New OSHA Training Video on Respiratory Protection for Healthcare Workers

  From OSHA – OSHA has produced a new training video (http://www.dol.gov/dol/media/webcast/20110112-respirators/) for healthcare employers and workers that explains the proper use of respirators and the procedures to follow to assure that respirators protect workers from airborne hazards in healthcare settings.
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HazMat Requirements for External Product Piping on Cargo Tanks Transporting Flammable Liquids

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has proposed to amend the Hazardous Materials Regulations to prohibit the transportation of flammable liquids in unprotected external product piping on DOT specification cargo tank motor vehicles.
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FMCSA and PHMSA on Highway-Rail Grade Crossing Safe Clearance

The Pipeline and Hazardous Materials Safety Administration (PHMSA) and
the Federal Motor Carrier Safety Administration (FMCSA) propose to
amend the Federal Motor Carrier Safety Regulations (FMCSRs) and
Hazardous Materials Regulations (HMRs), respectively, to prohibit a
motor vehicle driver from entering onto a highway-rail grade
crossing unless the

PHMSA Rule Incorporating Cargo Tank Special Permits into Regs

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has amended the Hazardous Materials Regulations by incorporating provisions contained in certain widely used or longstanding cargo tank special permits that are granted to multiple parties and have established safety records.
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Pipeline Safety: Snow and Ice Build-Up on Gas Distribution Systems

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has issued an advisory bulletin advises owners and operators of petroleum, gas and natural gas facilities of the need to take the appropriate steps to prevent damage to pipeline facilities from accumulated snow or ice.
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EPA Seeks Public Comment on Plan to Review Regulations

From EPA – February 18, 2011 WASHINGTON — The U.S.
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EPA Awards $5.5 Million to Support Nanotechnology Research

From EPA – February 17, 2011 Research to help determine whether health risks exist WASHINGTON - The U.S. Environmental Protection Agency (EPA) has awarded $5.5 million to three consortia to support innovative research on nanotechnology.
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OSHA Issues Enforcement Guidance on PPE

From OSHA – February 15, 2011      OSHA issues enforcement guidance on personal protective equipment to protect general industry workers’ safety, health WASHINGTON – The Occupational Safety and Health Administration today issued the Enforcement Guidance for Personal Protective Equipment in General Industry (http://www.osha.
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EPA Seeks Public Comment on the 16th Annual U.S. Greenhouse Gas Inventory

From EPA – February 16, 2011 WASHINGTON – The U.S. Environmental Protection Agency (EPA) is seeking public comment on the annual Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2009 draft report. This report will be open for public comment for 30 days after the Federal Register notice is published.
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GAO Stuff

NEW GAO FLICKR PAGE FEATURES REPORT PHOTOS AND GRAPHICS     WASHINGTON (February 10, 2011) – The U.S. Government Accountability Office’s (GAO) latest step into the world of new and social media communication is an agency presence on the image-sharing website Flickr.
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Obama Administration’s New Tack on Regulations

Last week, a new way forward on regulations was announced by the Obama Administration.  As the next articles indicate, following that announcement – though no connection was announced – OSHA has pulled back its efforts on adding an ergo column to the 300 log and its interpretation of feasibility for noise protections.
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OSHA Withdraws 300 Ergo Column

From OSHA – January 25, 2011 US Labor Department’s OSHA temporarily withdraws proposed column for work-related musculoskeletal disorders, reaches out to small businesses WASHINGTON – The U.S.
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OSHA Withdraws Hearing Protection Feasibility Interpretation

From OSHA – Jan. 19, 2011 US Department of Labor’s OSHA withdraws proposed interpretation on occupational noise Agency examines other approaches to prevent work-related hearing loss WASHINGTON – The U.S.
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NIOSH Releases Research to Support the Value of Safety

The Economic Burden of Occupational Fatal Injuries to Civilian Workers in the U.S. Based on the Census of Fatal Occupational Injuries, 1992–2002  http://www.cdc.gov/niosh/docs/2011-130/pdfs/afinal.
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OSHA Expands Diacetyl NEP to Substitutes

As the news release states below, OSHA revised its NEP for diacetyl to include 2,3-pentanedione and other related diacetyl substitutes such as 2,3-hexanedione and 2,3-heptanedione.  The following is from OSHA – Jan.
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You Can Talk to NIOSH About PPE, March 29 in Pittsburgh

  The National Institute for Occupational Safety and Health (NIOSH), Personal Protective Technology (PPT) Program and National Personal Protective Technology Laboratory (NPPTL) invite you to attend our fourth stakeholders meeting on March 29, 2011, at the Hyatt Regency Pittsburgh Airport.
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NIOSH Announces August 22-24 PtD Conference in DC

From NIOSH – Mark your calendars for the Prevention through Design (PtD) Conference hosted by the National Institute for Occupational Safety and Health (NIOSH) Prevention through Design:  A New Way of Doing Business – Report on the National Initiative August 22 – 24, 2011 at the Omni Shoreham Hotel in Washington, DC.
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Oil Spill Commission Issues Final Report

On January 11, the the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling formed after the explosion and spill in the Gulf of Mexico released its final report, calling for tougher regulation, stiffer fines and the strengthening of the Bureau of Ocean Energy Management, Regulation and Enforcement (BOEMRE), among a variet

Congressional OSH Subcommittee Members Announced

Two key subcommittees, one in the House and the other in the Senate, deal directly with most workplace safety and health issues in Congress.  Here are the new members of those Subcommittees.
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FMCSA Issues Notice of Proposed Rulemaking on Trucker Hours of Service

 The Federal Motor Carrier Safety Administration (FMCSA) has published a notice of proposed rulemaking proposing to revise the regulations for hours of service for drivers of property-carrying commercial motor vehicles (CMVs).
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Supreme Court Says Medical Residents are Workers

As the press release from the American Medical Student Association explains, at http://www.amsa.org/AMSA/Homepage/About/News/011111.aspx, the U.S. Supreme Court ruling on January 11 that medical residents are workers, not students.
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CSB Commends West Virginia’s Response to ’07 Propane Explosion

From CSB –

CSB Commends West Virginia Action on CSB Recommendation that Propane Technicians be Trained and Licensed; Action Follows Tragic Explosion at Convenience Store
         Washington DC, January 12, 2011 – CSB Chairperson Rafael Moure-Eraso today commended West Virginia for its effecctive response to a CSB recommendation tha

OSHA Cites Two Illinois Grain Elevators for Willful Violations in Three Worker Deaths

From OSHA – January 24, 2011   US Labor Department cites 2 Illinois grain elevator operators for willful safety, child labor violations following deaths of 3 workers, including 2 teens Employers fined nearly $1.4 million   MOUNT CARROLL, Ill. – The U.S. Department of Labor has fined Haasbach LLC in Mount Carroll and Hillsdale Elevator Co.
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Main Responds to 2010 Miner Fatality Increase

01/13/2011   Mining deaths rise in 2010 MSHA chief pledges continued enforcement, outreach on behalf of nation’s miners ARLINGTON, Va. – Mining fatalities in the United States significantly increased in 2010, following a year marked by the fewest deaths in mining history, according to the U.S.
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EU-OSHA Touts Incentives for Companies to Invest in Risk Prevention

  From EU-OSHA - http://osha.europa.eu/en/press/press-releases/economic-incentives-pay-dividends-for-workplace-safety-and-health?utm_source=oshmail&utm_medium=email&utm_campaign=oshmail-103 29.09.
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MSHA Announces Results of December Inspections

MSHA News Release: [01/27/2011]   MSHA announces results of December 2010 impact and regularly scheduled inspections   ARLINGTON, Va. – The U.S.
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MACOSH Reestablished

Secretary of Labor Soliz has published notice of her intention to reestablish the Maritime Advisory Committee for Occupational Safety and Health (MACOSH).
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PHMSA Rule on HazMat Harmony with UN/Int’l Maritime. Civil Aviation Codes

The Pipeline and Hazardous Materials Safety Administration (PHMSA)
has issued 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

EPA Proposed Rule on Non-Mercury Industrial Thermometers

From EPA – Today EPA is publishing a proposed rule to allow the use of non-mercury containing industrial thermometers in areas such as petroleum refining, power generation, and testing for vehicle emissions (76 FR 2056).  The following link will take you to the Agency’s mercury Web page:  www.epa.
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EPA Guidance on Monitoring HexChrome in Drinking Water

From EPA – January 11, 2011 EPA Issues Guidance for Enhanced Monitoring of Hexavalent Chromium in Drinking Water WASHINGTON – Several weeks ago, EPA Administrator Lisa P.
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EPA Direct Final Rule on Fossil-Fuel-Fired Steam Generating Units

EPA has taken direct final action to amend the new source performance standards for electric utility steam generating units and industrial-commercial-institutional steam generating units.
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GAO Stuff

Rail Safety:  Federal Railroad Administration Should Report on Risks to the Successful Implementation of Mandated Safety Technology.  GAO-11-133, December 15.  http://www.gao.gov/products/GAO-11-133  Highlights - http://www.gao.gov/highlights/d11133high.
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Obama Administration’s New Tact on Regulations – OSHA Withdraws Hearing Protection Feasibility and 300 Ergo Column Efforts

On January 18, a new way forward on regulations was announced by the Obama Administration. As the next articles indicate, following that announcement – though no connection was announced – OSHA has pulled back its efforts on adding an ergo column to the 300 log and its interpretation of feasibility for noise protections.
Read more >

ASSE Sets Principles for OSHA I2P2 Rulemaking

In a letter to OSHA Assistant Secretary David Michaels, ASSE applauded him for beginning the task of promulgating an injury and illness prevention program (I2P2) standard, which ASSE has long wanted OSHA to pursue. Set out in the letter are 10 principles to help guide ASSE’s engagement in I2P2 rulemaking.
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NIOSH Reports on Coal Mine Refuge Alternatives

From NIOSH – On January 23, NIOSH delivered the “Research Report on Refuge Alternatives for Underground Coal Mines.
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Transportation Secretary Offers Legislation to Improve Rail Safety

This article is from OH&S Online and can be found in full at http://ohsonline.com/articles/2009/12/13/lahood-proposes-legislation-to-improve-rail-transit-safety-oversight.aspx LaHood Proposes Legislation to Improve Rail Transit Safety Oversight Dec 13, 2009 Transportation Secretary Ray LaHood on Dec.
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OSHA Provides Online Resources for New Cranes and Derricks Standard

Two fact sheets have recently been posted to the OSHA Web site to provide assistance complying with Subpart CC of the cranes and derricks in construction final rule. The Qualified Rigger* fact sheet (https://www.osha.gov/Publications/cranes-qualified-rigger-factsheet.
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NIOSH Seeks Comments on Latest Draft of Asbestos Roadmap

From NIOSH – The National Institute for Occupational Safety and Health (NIOSH) requests comment on the draft Current Intelligence Bulletin (CIB) \”Asbestos Fibers and Other Elongate Mineral Particles: State of the Science and Roadmap for Research Version 4\”, NIOSH Docket Number NIOSH 099-C.
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ASSE Backs OSHA and Illinois on Public Sector State Plan

ASSE expressed support for an Illinois Employee Only State Plan in a comment to OSHA on rulemaking to provide approval for the plan. ASSE has long supported extending occupational safety and health coverage to the 8.1 million public sector workers not covered under federal safety and health standards.
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ASSE Testimony Raises Concerns Over NIOSH Asbestos Roadmap Changes

ASSE voiced several concerns regarding the focus of the NIOSH Roadmap on Asbestos and other Elongated Particle Minerals at a NIOSH hearing held on March 30, 2009. Adele L. Abrams, Esq.
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New ACCSH Members Announced

Secretary of Labor Elaine L. Chao appointed three new members to the 15-person Advisory Committee on Construction Safety and Health (ACCSH). The new members are Representatives of Employer Interests — Thomas R. Shanahan, assistant executive director, National Association of Roofing Contractors; and Daniel D.
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ASSE’s Michigan Members Continue Opposition to Sanitarian Licensure Substitute Bill

Following opposition from ASSE and others, the House sponsor of a Michigan bill (HB 6205) to license sanitarians offered a last-minute Substitute (http://www.asse.org/professionalaffairs_new/communications/state/docs/HB6205-H-2-Draft-1-pdf1.PDF) that quickly passed the Michigan House on November 10.
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GAO Stuff – Deepwater Horizon, Surface Coal Mining

Deepwater Horizon Oil Spill: Preliminary Assessment of Federal Financial Risks and Cost Reimbursement and Notification Policies and Procedures. GAO-11-90R, November 12. http://www.gao.gov/products/GAO-11-90R Podcast available – http://www.gao.gov/podcast/watchdog_episode_36.
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EPA Denies Petition to Ban Lead in Fishing Gear

From EPA – November 4, 2010 WASHINGTON – The U.S. Environmental Protection Agency (EPA) has denied a petition calling for a ban on the manufacture, use and processing of lead in fishing gear.
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FRA Updated Guide for Reporting Incidents

On November 9, the Federal Railroad Administration published its updated its Guide for Preparing Accident/Incident Reports, which is available at http://safetydata.fra.dot.gov/officeofsafety/publicsite/ProposedFRAGuide.aspx and is effective June 1, 2011.
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EPA Proposes Guidance for Underground Storage Tanks

From EPA – WASHINGTON – As part of its commitment to help ensure that biofuels, such as ethanol and biodiesel, are safely stored in underground storage tanks (USTs), the U.S. Environmental Protection Agency (EPA) released draft guidance for UST owners and operators who wish to store these fuels.
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EPA Identifies Areas Across Country Violating Lead Standards

From EPA – November 16, 2010 Reducing lead emissions will improve public health, especially for children WASHINGTON – The U.S. Environmental Protection Agency (EPA) has determined that 16 areas across the country are not meeting the agency’s national air quality standards for lead.
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EPA to Expand Chemicals Testing for Endocrine Disruption

From EPA – November 16, 2010 WASHINGTON – The U.S. Environmental Protection Agency (EPA) has identified a list of 134 chemicals that will be screened for their potential to disrupt the endocrine system.
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EPA on NESHAP for Cr Electroplating/Anodizing Tanks; Group I Polymers/Resins; Marine Tank Vessel Loading; Pharma Production; Printing/Publishing; Steel Pickling

EPA has published a Proposed Rule to address the residual risk and technology reviews conducted for two national emission standards for hazardous air pollutants (NESHAP) as well as a supplemental Notice of Proposed Rulemaking for its October 2008 proposal to address the residual risk and technology reviews for four NESHAP.
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PHMSA Rulemaking on Safety of On-Shore Hazardous Liquid Pipelines

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has published an Advanced Notice of Proposed Rulemaking to consider whether changes are needed to its regs covering hazardous liquid onshore pipelines.
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NHTSA Publishes Safety Rules and Research Priorities

The National Highway Traffic Safety Administration on November 18 publishes its Final Vehicle Safety Rulemaking and Research Priority Plan for 2010-2013, which outlines the agency’s plans to combat motor vehicle safety. See the notice at http://edocket.access.gpo.gov/2010/pdf/2010-28717.pdf.
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EPA Finalizes Greenhouse Gas Reporting Requirements for Petroleum and Natural Gas Industry

From EPA – November 9, 2010 Reporting targets methane, a potent greenhouse gas and valuable fuel WASHINGTON – The U.S. Environmental Protection Agency (EPA) has finalized greenhouse gas (GHG) reporting requirements for the petroleum and natural gas industries as part of the mandatory reporting program.
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OSHA Renews NACOSH’s Charter

The Secretary of Labor has renewed the charter of the National Advisory Committee on Occupational Safety and Health. http://edocket.access.gpo.gov/2010/2010-27439.
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ACCSH Meetings Set for December 7-10

OSHA has announced that its Advisory Committee on Construction Safety and Health (ACCSH) will meet December 9 and 10, 2010 in Washington, DC. ACCSH Work Groups will meet December 7 and 8, 2010. For more information, go to http://edocket.access.gpo.gov/2010/2010-29124.htm.
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EPA Seeks Small Businesses Input on Exterior Lead Paint

From EPA – November 19, 2010 WASHINGTON — The U.S.
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IoM Recommends NIOSH Do More to Evaluate PPE

In a report released November 11, the Institute of Medicine recommended better evaluation of personal protective equipment through the development by NIOSH of a risk-based conformity assessment processes for non-respiratory PPT and the establishment of a surveillance system to help measure the effectiveness of PPT.
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Second Phase of Mining Outreach and Enforcement Program Launched

From the Department of Labor – N early 50 miners have lost their lives in catastrophic mining accidents over the last 10 years. That is simply unacceptable, says Mine Safety and Health Administration Assistant Secretary Joe Main.
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MSHA Issues Program Policy Letter on Workplace Examinations

On November 10, MSHA issued a program policy letter (http://www.msha.gov/REGS/COMPLIAN/PPLS/2010/PPL10-IV-03.asp) clarifying its requirements for mine workplace examinations. The letter states that operators must inspect each working place for safety and health hazards at least once each shift and keep a record of the examination.
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NYC Latino/Immigrant Worker Safety and Health Summit a Success

Diana Cortez, who is quoted below, led the effort to hold this summit in New York City and is an ASSE member involved in ASSE’s Safety Professionals and the Latino Workforce (SPALW).
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MSHA Public Hearings on Rulemaking to Lower Miner Coal Dust Exposure

MSHA has announced it will hold six public hearings on its proposed rule addressing Lowering Miners’ Exposure to Respirable Coal Mine Dust, Including Continuous Personal Dust Monitors. The proposed rule was published on October 19, 2010 (75 FR 64412) and is available on MSHA’s Web site at http://www.msha.
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OSHA Announces Public Meeting to Prepare for December UN Meetings on GHS

OSHA has invited interested parties to participate in an open, informal public meeting to discuss proposals in preparation for the 20th session of the United Nations Subcommittee of Experts on the Globally Harmonized System of Classification and Labelling of Chemicals (UNSCEGHS). The public meeting will be held November 30 from 1-3 p.m.
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MSHA Announces Results of October Impact Inspections

From DoL at http://www.dol.gov/opa/media/press/msha/MSHA20101631.htm The U.S. Department of Labor’s Mine Safety and Health Administration today announced that federal inspectors issued 380 citations and orders during special impact inspections conducted at 13 coal and six metal/nonmetal mine operations last month.
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Michaels Comments on BLS ’09 Nonfatal Injury/Illness Report

The BLS report can be found at http://www.bls.gov/opub/ted/, though BLS sums up the report with, “In private industry, the number of injuries and illness cases involving days away from work decreased 11 percent to 964,990 cases—a decline from 1,078,140 in 2008.
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MSHA Puts 13 Mines on Notice for Potential Pattern of Violations

From DoL at http://www.dol.gov/opa/media/press/msha/MSHA20101641.htm The U.S.
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OSHA Holding Hearings on Walking Working Surfaces and PPE Rulemaking

The deadline for filing a notice to appear is November 30. From OSHA’s Cooperative Programs – OSHA is scheduled to host at least one day’s worth of hearings in January on the agency’s proposed rule (http://edocket.access.gpo.gov/2010/2010-10418.
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OSHA Releases Bulletin on Diacetyl

Dated October 14, a Safety Health Information Bulletin was released by OSHA for employers and workers involved in the manufacture of flavorings in flavoring, food and beverage manufacturing about the potential health effects associated with exposure to diacetyl. The bulletin is available at http://www.osha.gov/dts/shib/shib10142010.html.
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A View of the Midterm Elections from Labor

Included in the last GA Update was a view of the midterm elections from an OSH attorney written or business interests, which you can read at http://www.asse.org/professionalaffairs_new/gaupdate/index.php?issue=2010-11-05&article=1754a.
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Join the ASSE Government Affairs Discussion on LinkedIn

The question often comes up whether ASSE asks its members what to say when government affairs comments are developed. Actually, comments are developed based on the views of members on the Government Affairs Committee with input from members of appropriate practice specialties and standards committees.
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ASSE’s Michigan Members Continue Opposition to Sanitarian Licensure Substitute Bill

Following opposition from ASSE and others, the House sponsor of a Michigan bill (HB 6205) to license sanitarians offered a last-minute Substitute (http://www.asse.org/professionalaffairs_new/communications/state/docs/HB6205-H-2-Draft-1-pdf1.PDF) that quickly passed the Michigan House on November 10.
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GAO Stuff – Climate Change, FEMA Assessment of Preparedness

Climate Change: A Coordinated Strategy Could Focus Federal Geoengineering Research and Inform Governance Efforts, GAO-10-903, September 23 http://www.gao.gov/products/GAO-10-903 Highlights – http://www.gao.gov/highlights/d10903high.
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Tales from the Front: September 24 SBA OSHA/MSHA Roundtable

The SBA Office of Advocacy’s OSHA/MSHA Roundtable meets regularly in Washington, DC, to discuss the impact of rulemaking on small businesses. Heidi Hansen from the Law Office of Adele Abrams, ASE’s Federal Representative, attended the SBA OSHA/MSHA Roundtable on Friday, September 24, 2010 in Washington, DC.
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OSHA Holding State Plans Accountable

From OSHA – US Labor Department’s OSHA reports on state-run occupational safety and health programs Agency calls for corrective actions to keep workers safe WASHINGTON – The U.S.
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BLS Sees Jobs in Wind Industry

In a report available at http://www.bls.gov/green/wind_energy/, the Bureau of Labor Statistics (BLS) says that wind energy installations and power generation from wind farms in this nation are increasing and jobs for American engineers, construction workers, and managers are and will be available.
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FRA Rulemaking on Emergency Escape Breathing Apparatus

DoT’s Federal Railroad Administration (FRA) has proposed to amend its regulations related to occupational safety and health in locomotive cabs in three ways.
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PHMSA Final Rule on Misc. HazMat Packaging Amendments

This final rule responds to one petition for reconsideration and four appeals and also corrects several errors that occurred in a February 2010 Pipeline and Hazardous Materials Safety Administration (PHMSA) final rule amending the Hazardous Materials Regulations to revise several packaging related definitions; add provisions to allow more flexibili

PHMSA Proposes Ban on Driver Electronic Device Use in HazMat Transportation

DoT’s Pipeline and Hazardous Materials Safety Administration (PHMSA) has issued a notice of proposed rulemaking (NPRM) to prohibit texting on electronic devices by drivers during the operation of a motor vehicle containing a quantity of hazardous materials requiring placarding under part 172 of the 49 CFR or any quantity of a select agent or toxi

FMSCA Final Rule Limits Use of Wireless Communication Devices

The Federal Motor Carrier Safety Administration (FMCSA) has issued a final rule prohibiting texting by commercial motor vehicle (CMV) drivers while operating in interstate commerce and imposing civil penalties and disqualification from operating CMVs in interstate commerce for drivers who fail to comply.
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New OSHA Compliance Assistance Products

OSHA issued the following new or updated compliance assistance products in FY 2010. To find these, see the New Compliance Assistance Products page on the OSHA Compliance Assistance Web page at http://www.osha.gov/dcsp/compliance_assistance/new_ca_products.html. eTools — Electric Power Generation, Transmission, and Distribution (Jan.
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OSHA Wants Your Videos on Respiratory Protection!

From OSHA’s Cooperative Programs – OSHA is producing several training mini-videos on various aspects of respiratory protection for workers in general industry and construction (e.g., fit testing, respiratory hazards in the workplace, medical evaluations, etc.).
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EPA Lays Out 5-Year Plan

From EPA – October 7, 2010 EPA Lays Out Five-Year Plan on Agency Priorities WASHINGTON – The U.S. Environmental Protection Agency (EPA) has issued its fiscal year (FY) 2011 to 2015 strategic plan, which provides a blueprint for advancing EPA’s mission and Administrator Lisa P. Jackson’s priorities.
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EPA Signs MOU with China on Environmental Protection

From EPA – October 12, 2010 WASHINGTON – During her first official visit to China, U.S. Environmental Protection Agency (EPA) Administrator Lisa P. Jackson and Minister of Environmental Protection Zhou Shengxian signed an agreement that formalizes the partnership between the United States and China on environmental protection.
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Tales from the Front: MSHA I2P2 Hearing

The following is from Adele Abrams, Esq., who is ASSE’s Federal Representative and a mining safety expert – On October 8, 2010, I represented ASSE and testified at a hearing on MSHA’s forthcoming proposed rule to mandate safety and health management programs (SHMP) for all types of mines.
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OSHA Issues Letters of Interpretation

OSHA has recently issued two letters of interpretation. A September 30 letter of interpretation addresses whether OSHA will rely on ANSI Z359.1-2007, regarding snaphook compressive strength requirements, in enforcing the general duty clause with respect to personal fall arrest systems in construction, as announced in letter #20070920-8088.
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GAO Finds Feds Giving Contracts to OSHA Violators

The Government Accountability Office has found found that major worker safety and health violators are among the federal government’s largest contract awardees.
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DoL Reestablishes ACCSH

The Secretary of Labor has reestablished the Charter of the Advisory Committee on Construction Safety and Health (ACCSH) for two years. ACCSH is a continuing advisory committee established under the Construction Safety Act [40 U.S.C.
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PHMSA Meeting on Int’l Standards on Transport of Dangerous Goods

DoT’s Pipeline and Hazardous Materials Safety Administration (PHMSA) has announced that it will hold a public meeting in preparation for the 38th session of the United Nations Sub-Committee of Experts on the Transport of Dangerous Goods (UNSCOE TDG) to be held November 29-December 7, 2010, in Geneva, Switzerland.
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DOT and EPA Propose Greenhouse Gas and Fuel Efficiency Standards for Trucks and Buses

From EPA – October 25, 2010 WASHINGTON – The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Transportation (DOT) today announced the first national standards to reduce greenhouse gas (GHG) emissions and improve fuel efficiency of heavy-duty trucks and buses.
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Labor Inspector General Targets OSHA Whistleblower Program and Penalty Reductions

The U.S. Department of Labor (DOL) Office of Inspector General (IG) issued a couple reports on OSHA activities in October. On October 5, it issued a report (http://www.oig.dol.gov/public/reports/oa/2010/02-10-202-10-105.
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Assistant Secretary Michaels’ Updated OSHA Vision

From OSHA Assistant Secretary David Michaels – In July, I sent a letter to OSHA staff describing my vision for transforming the Agency to meet the challenges facing us in 2010 and beyond.
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Secretary Solis Reports on Decline in Workplace Injuries and Illnesses

From OSHA QuickTakes – Results from the Bureau of Labor Statistics’ Survey of Occupational Injuries and Illnesses (http://www.bls.gov/iif/oshsum.htm) released Oct. 21 show there were about 400,000 fewer nonfatal occupational illnesses and injuries reported by private industry employers in 2009 than in the previous year. Of the 3.
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MSHA Kicks Off Annual “Winter Alert” Campaign

MSHA has kicked off its 2010 Winter Alert campaign (http://www.dol.gov/opa/media/press/MSHA/MSHA20101527.htm) to warn miners and mine operators about the dangers colder weather can bring to the mining environment. MSHA says that statistics show most coal mine explosions occur during the colder months.
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MSHA Proposes Rule to Address Black Lung Risk

MSHA has proposed to lower miners’ exposure to respirable coal mine dust by revising its existing standards on miners’ occupational exposure to respirable coal mine dust.
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OSHA Limits Outreach Training Program Student Hours

WASHINGTON – OSHA recently revised its policy for all Outreach Training Programs (http://www.osha.gov/dte/outreach/construction_generalindustry/guidelines.html) to address the number of hours each day a student may spend in OSHA 10- and 30-hour classes.
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OSHA Seeks Comments on Interpretation of Workplace Noise Exposure Controls

From OSHA QuickTakes – OSHA issued a notice in the Oct. 19 Federal Register proposing to issue an interpretation of the term “feasible administrative or engineering controls” as used in the general industry and construction occupational noise exposure standards and to amend its current enforcement policy to reflect the interpretation.
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OSHA Seeks Input on Hazardous Chemicals to Address

As part of the dialogue OSHA has begun on how to update its permissible exposure limits (PELs), the Agency has established a web forum where anyone can contribute their thoughts on the hazardous chemicals for which OSHA should develop exposure reduction strategies. You can find the forum and add your thoughts at http://www.osha.
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ASSE Opposes OSHA Proposed Changes in Consultation Program

Citing its past work with OSHA and OSHA’s efforts to address recognized difficulties in getting small businesses to commit to workplace safety and health, ASSE opposed proposed changes to its consultation program making it easier for OSHA to inspect small employers engaged in consultation but make small employers even more fearful to use OSHA’s

The Impact of the Midterm Election on Occupational Safety and Health

Occupational safety and health will most likely reflect the overall political process following the midterm elections that resulted in a Republican House and Democratic Senate that has shown little talent or desire to compromise from entrenched positions on either side of the debate, whatever the issue.
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GAO Stuff – Perchlorate, Disaster Response

Perchlorate: Occurrence Is Widespread but at Varying Levels; Federal Agencies Have Taken Some Actions to Respond to and Lessen Releases. GAO-10-769, August 12. http://www.gao.gov/products/GAO-10-769 Highlights – http://www.gao.gov/highlights/d10769high.
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EPA to Contribute $6 Million to Life-Saving International Project for Clean Cookstoves

From EPA – Indoor smoke from cooking fires leads to about 2 million deaths each year WASHINGTON – Today, U.S. Environmental Protection Agency (EPA) Administrator Lisa P.
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Oregon OSHA Holds Teen Safety Video Contest

High school students across Oregon are invited to enter Oregon OSHA’s third annual safety video contest, designed to increase awareness about safety on the job for young people. Contest winners will be announced at a screening event in the spring, and winning entries will be posted on YouTube. The deadline for submissions is February 1, 2011.
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Massachusetts Passes Law Banning Lacquer Sealers in Wood Floor Finishing

From NIOSH – Within a 10-month period in 2004-2005, three Vietnamese wood floor sanders died and three others were seriously burned in two Boston-area incidents when the lacquer sealers they were using caught fire.
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FRA Seeks Comments on Revised Civil Penalties

The Federal Railroad Administration (FRA) has issued for comment a revised proposal to amend FRA’s schedules of civil penalties issued as appendices to FRA’s rail safety regulations, as well as other guidance, in order to reflect more accurately the degree of safety risk associated with a violation of each regulatory requirement and to

FMCSA Direct Final Rule Requires ABS External Malfunction Indicator Lamps

FMCSA has issued a direct final rule making permanent the existing requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) that trailers with antilock brake systems (ABS) be equipped with an external malfunction indicator lamp.
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New FMCSA Policy on Driver, Vehicle, HazMat Out-of-Service and Crash Rates

Under 49 CFR 385.407, the Federal Motor Carrier Safety Administration (FMCSA) may not issue a hazardous materials safety permit (HMSP) to a motor carrier having a crash rate, or driver, vehicle, or hazardous materials (HM) out-of-service (OOS) rate in the top 30 percent of the national average.
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EPA Amends Greenhouse Gas Mandatory Reporting Rule

EPA has issued a final rule amending its the Final Mandatory Reporting of Greenhouse Gases Rule to require reporters subject to the rule to provide the name, address, and percentage ownership of their U.S.
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Trucking Industry Mobility & Technology Coalition Annual Meeting

DoT’s Research and Innovative Technology Administration has announced that the Trucking Industry Mobility & Technology Coalition (TIMTC) Annual Meeting will be held October 18-19, 2010 in conjunction with ATA’s Management Conference & Exhibition in Phoenix, providing TIMTC members with the opportunity to participate in both events s

NY Action Summit for Latino/Immigrant Workers Safety and Health Announced

Following the successful National Action Summit for Latino Worker Health and Safety held in Texas this Spring, Regional Administrator Robert Kulick has scheduled the New York Action Summit for Latino/Immigrant Workers Safety and Health for November 16, 2010 from 9 a.m. to 4 p.m.
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NIOSH Seeks Comments on Respirators and Oil/Gas

NIOSH seeks comments on • Proposed Rule on Total Inward Leakage Requirements for Respirators. Comment period extended through September 30. http://www.cdc.gov/niosh/docket/nioshdocket0137.html • Workers in the oil and gas extraction industry die from occupational injuries at a rate 8 times higher than the average rate for all U.S. workers.
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NIOSH Seeks Comments on Respirators and Oil/Gas

NIOSH seeks comments on • Proposed Rule on Total Inward Leakage Requirements for Respirators. Comment period extended through September 30. http://www.cdc.gov/niosh/docket/nioshdocket0137.html • Workers in the oil and gas extraction industry die from occupational injuries at a rate 8 times higher than the average rate for all U.S. workers.
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OSHA Warns of Cleaning Fuel Gas Pipes with Natural Gas

OSHA has sent a letter to energy companies and gas turbine manufacturers warning them of the hazards of cleaning fuel gas piping systems using natural gas. According to OSHA’ Cooperative Program notice on the issue, OSHA recently issued $16.
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NIOSH Publishes Updated List of Hazardous Drugs in Healthcare Settings

NIOSH has announced the publication of “NIOSH List of Antineoplastic and Other Hazardous Drugs in Healthcare Settings 2010,” which can be found at http://www.cdc.gov/niosh/docs/2010-167/.
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EPA Significant New Use Rules on Multi-Walled and Single-Walled Carbon Nanotubes

EPA has issued significant new use rules (SNURs) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for two chemical substances which were the subject of Premanufacture Notices (PMNs).
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OSHA Compliance Assistance on Cranes and Derricks

If you’re looking for basic information on OSHA’s new cranes and derricks standard, check out OSHA’s compliance assistance page at http://www.osha.gov/as/opa/cranesderricks-factsheet.html.
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MSHA Makes Mine Safety Data Available

MSHA has published nearly 10 years of crucial data regarding the safety and health records of the nation’s mines. The seven data sets available for download now on MSHA’s website contain information about mine locations, accidents, injuries, production, violations and inspections.
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MSHA Holding Public Meetings on Safety and Health Management Programs

MSHA is holding three public meetings to gather information about effective, comprehensive safety and health management programs at mines. Public meetings will include presentations on model programs by representatives from academia; safety and health professionals; industry organizations; worker organizations; and government agencies.
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OSHA Announces Harwood Grantees

From OSHA – WASHINGTON – The U.S. Department of Labor’s Occupational Safety and Health Administration today awarded $2.
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Tales from the Front: NACOSH Meeting September 14

From the Office of Adele Abrams, Esq., ASSE’s Federal Representative – The National Advisory Committee on Occupational Safety and Health met at the Department of Labor in Washington, DC on September 14-15, 2010.
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OSHA Issues 2010 Site-Specific Targeting Inspection Plan

According to its directive (http://www.osha.gov/OshDoc/Directive_pdf/CPL_02_10-06.pdf), OSHA’s 2010 Site-Specific Targeting Inspection Plan (SST-10) went into effort on August 18, 2010, and will expire in one year unless replaced earlier by a new directive.
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MSHA Emergency Standard on Incombustible Content of Rock Dust in Underground Coal Mines

MSHA has issued an emergency temporary standard (ETS) under section 101(b) of the Federal Mine Safety and Health Act of 1977 in response to the grave danger that miners in underground bituminous coal mines face when accumulations of coal dust are not made inert. MSHA has concluded that immediate action is necessary to protect miners.
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Michaels Responds to GAO on Whistleblower Report

From OSHA – Statement by US Department of Labor’s OSHA Assistant Secretary Dr. David Michaels on GAO whistleblower protection program report WASHINGTON — The U.S.
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GAO Slams OSHA on Whistleblower Program

Few people probably know that OSHA is responsible for the nation’s whistleblower program. In the OSH community, it’s been long known the program has been underfunded and staffed. Now the GAO has taken a look at it and found OSHA’s management of the program lacking.
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Michaels Says Increased Penalty Policy Coming

In a speech at the Occupational Safety and Health Review Commission’s Annual Judicial Conference in Charleston, South Carolina on September 14, Assistant Secretary for OSHA David Michaels said a new policy to increase penalties will be launched by OSHA in October.
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OSHA Seeks Nominations for ACCSH

The Assistant Secretary of Labor for OSHA has invited interested parties to submit nominations for membership on ACCSH. Nominations must be submitted by November 12, 2010. http://edocket.access.gpo.gov/2010/2010-22695.
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OSHA Proposes Changes to On-Site Consultation Program

OSHA has proposed to revise its regulations for the federally-funded On-site Consultation Program.
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OSHA Recognizes CSPs and CIHs in Trainer Requirements

OSHA has revamped Outreach Training Program requirements and recognized the value of the CSP and CIH designations in its prerequisites for becoming an authorized trainer.
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OSHA Announces Distracted Driving Initiatives, Including Enforcement

From OSHA – Secretary of Labor Hilda L. Solis announces partnership with US Department of Transportation to combat distracted driving by workers WASHINGTON – Because motor vehicle crashes are a leading cause of worker fatalities, Secretary of Labor Hilda L. Solis today announced a partnership between the U.S.
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DoL Joins DoT in National Effort on Distracted Driving

On Tuesday, September 21, the Department of Transportation hosted a Distracted Driving Summit in Washington, DC.
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ASSE Nominates Nigel Ellis to ACCSH

ASSE nominated Professional Member and ASSE Fellow Nigel Ellis to serve as a member of OSHA’s Advisory Committee for Construction Safety and Health (ACCSH). Dr.
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ASSE Supports NIOSH in WTC Responder Health Care Bill

A bill, HR 847, http://thomas.loc.gov/cgi-bin/bdquery/z?d111:HR00847:|/home/LegislativeData.php|, to fund health care for 9/11 World Trade Center responders failed in the House of Representatives in July while the Senate has taken no action on a companion bill, SB 1344, http://thomas.loc.gov/cgi-bin/bdquery/z?d111:SN01334:|/home/LegislativeData.
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ASSE Urges More Funding for CSB to Deal with Deepwater Investigation

ASSE has urged increased funding for the US Chemical Safety and Hazards Investigation Board (CSB) due to concern over the impact on CSB’s resources from the Congressionally requested investigation on the Deepwater Horizon explosion. In a letter (http://www.asse.
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EPA Seeks Common on Greener Site Cleanups

From EPA – WASHINGTON – The U.S. Environmental Protection Agency is seeking public comment on a new strategy that would make cleanups at hazardous waste sites greener.
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GAO Stuff — Bridges, DOE Cleanup, FAA, Electronic Waste, Formaldehyde in Textiles, Superfund, Cyber Protection and Pipelines

Highway Bridge Program: Condition of Nation\’s Bridges Shows Limited Improvement, but Further Actions Could Enhance the Impact of Federal Investment. GAO-10-930T, July 21 http://www.gao.gov/cgi-bin/getrpt?GAO-10-930T Highlights – http://www.gao.gov/highlights/d10930thigh.
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Fed Agencies Collaborate to Improve Chemical Screening

From EPA – July 19, 2010 WASHINGTON – The U.S. Environmental Protection Agency (EPA), the National Institute of Environmental Health Sciences National Toxicology Program (NTP) and the National Institute of Health Chemical Genomics Center (NCGC) welcome the U.S. Food and Drug Administration (FDA) to the Tox21 collaboration.
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House Democrats Introduce Toxic Chemicals Safety Act

On July 22, U.S. Rep. Bobby L. Rush, Chair of the Subcommittee on Commerce, Trade, and Consumer Protection, and Rep. Henry A. Waxman, Chair of the Committee on Energy and Commerce, introduced H.R. 5820, the Toxic Chemicals Safety Act of 2010.
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EPA Publishes Latest Data on Industrial and Toxics Releases in the U.S.

From EPA – July 28, 2010 WASHINGTON – As part of the Obama Administration’s continuing commitment to open government, the U.S. Environmental Protection Agency (EPA) has published the latest data on industrial releases and transfers of toxic chemicals in the United States between Jan. 1 and Dec. 31, 2009.
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DOT Proposes National Tunnel Inspection Standards

The Department of Transportation has announced its proposal for national tunnel safety inspection standards. As the DoT says, “Currently, FHWA can and does provide tunnel inspection guidance, but existing regulations do not require tunnel owners, such as state departments of transportation or local authorities, to inspect tunnels.
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PHMSA Revises Emergency Response Guidebook

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has issued a notice seeking comments on the development of the 2012 Emergency Response Guidebook (ERG), particularly from those who have experience using the 2008 Emergency Response Guidebook.
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EPA Rule on Mercury in Flow Meters, Natural Gas Manometers, Pyrometers

EPA is promulgating a significant new use rule (SNUR) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for elemental mercury for use in flow meters, natural gas manometers, and pyrometers, except for use in these articles when they are in service as of September 11, 2009.
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NIOSH Guidelines on Protecting Fire Fighters Using Risk Management Principles

NIOSH announced the availability of the publication “Preventing Deaths and Injuries of Fire Fighters Using Risk Management Principles at Structure Fires.” (http://www.cdc.gov/niosh/docs/2010-153/) NIOSH developed this publication to assist the U.S. fire service in preventing fire fighter injuries and deaths at structure fires.
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Obama Announces New Initiative to Protect Federal Workers

From OSHA – President Barak Obama issued a July 19 memorandum calling on all federal agencies to “improve workplace safety and health, reduce the financial burden of injury on taxpayers, and relieve unnecessary suffering by workers and their families.
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OSHA Enhances On-site Consultation Web Page

From OSHA – OSHA has redesigned its On-site Consultation Web page (http://www.osha.gov/dcsp/smallbusiness/consult.html) to enhance its usefulness to small and medium-sized businesses across the country seeking free and confidential advice on increasing workplace safety.
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OSHA Finalizes New Cranes and Derricks Rule

OSHA\’s new standard (http://www.osha.gov/cranes-derricks/index.html) addressing the use of cranes and derricks in construction was published July 28. A link the standard is below. According to OSHA, it, “(W)ill affect approximately 267,000 construction, crane rental and crane certification establishments with about 4.8 million workers.
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PHMSA Proposed Rule on Storing Explosives During Transportation

The Pipeline and Hazardous Materials Safety Administration (PHMSA) in coordination with the Federal Motor Carrier Safety Administration (FMCSA), is proposing to enhance existing attendance requirements for explosives stored during transportation by designating the National Fire Protection Association (NFPA) standard 498 as the Federally approved st

House Approves Bill to Give Whistleblower Protection to Offshore Workers

On July 30, the US House of Representatives, on a partisan vote of 315 to 93, approved the Offshore Oil and Gas Worker Whistleblower Protection Act to extend updated whistleblower protections to workers whose employers are engaged in oil and gas exploration, drilling, production, or cleanup on the Outer Continental Shelf (OCS).
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PHMSA Links Pipeline Work to DoT’s Distracted Work Effort

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has issued an Advisory Bulletin to remind owners and operators of natural gas and hazardous liquid pipeline facilities of the risks associated with the use of personal electronic devices (PEDs) by individuals performing operations and maintenance activities on a pipeline facility.
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OSHA Warns Grain Elevator Operators

From OSHA’s Cooperative Programs – OSHA has sent a letter to all grain elevator operators warning them not to allow workers to enter grain storage bins without proper equipment, precautions, and training. The letter, which included a copy of OSHA’s grain handling facilities standard (29 CFR 1910.
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CSB Commends NFPA for Prohibiting Indoor Gas Pipe Purging

From CSB – Statement of CSB Board Member John Bresland Commending NFPA On February 4, 2010, I presided at a Chemical Safety Board public meeting in Raleigh, North Carolina, to present the CSB’s findings on the June 9, 2009, natural gas explosion at the ConAgra Slim Jim manufacturing plant in the nearby community of Garner.
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EPA Targeting Dyes, Flame Retardants and Industrial Detergents

From EPA – August 18, 2010 WASHINGTON – As part of Administrator Lisa P. Jackson’s commitment to strengthen and reform chemical management, the U.S.
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EPA Proposes Improvements to Chemical Reporting

From EPA – August 11, 2010 WASHINGTON – As part of Administrator Lisa P. Jackson’s commitment to strengthen and reform chemical management, the U.S. Environmental Protection Agency is proposing several actions to improve reporting on chemicals under the Toxic Substances Control Act (TSCA).
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Environmental Mapping Tool Available from EPA

Environmental Protection Agency\\\’s (EPA) has a mapping tool, EJView, that has been made available to the public. The tool is designed to allow users to choose and map demographic, environmental, and health data. Go to http://epamap14.epa.gov/ejmap/entry.html for more information.
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OSHA Publishes Interim Final Rules on Whistleblower Procedures

OSHA published three interim final rules in the Aug. 31 Federal Register to establish procedures for handling worker retaliation complaints, including allowing filing by phone as well as in writing and filing in languages other than English.
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NIOSH Seeks Comments on Draft Oil and Gas NORA Agenda

NIOSH’s NORA Oil and Gas Extraction Council has asked for comments on the current draft of its \”National Oil and Gas Extraction Agenda.\” You can find the agenda and make comments at http://www.cdc.gov/niosh/docket/review/docket213/default.html?s_cid=3ni7d2TW1008290130.
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Report Shows Works Rank Workplace Safety Highest

In a report entitled, “Public Attitudes towards and Experiences with Workplace Safety” by Dr. Tom W. Smith at the National Opinion Research Center at the University of Chicago for the Public Welfare Foundation, workplace safety ranks high among public respondents to the survey.
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Tales from the Front: MSHA/OSHA Reform Hearing

HR 5663 is the bill carrying forward reforms to MSHA and OSHA in the US House of Representatives. This report from Gary Visscher, who works in the office of ASSE’s Federal Representative, details the hearing where that bill was marked up and passed by the Committee on Education and Labor.
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More than 200 Stakeholders Participate OSHA I2P2 Meetings

The meetings OSHA held to hear stakeholder views on injury and illness prevention plans (I2P2), or safety and health programs, were the first step in what appears to be a fast-track to a standard. ASSE was represented at the June 29 meeting in Washington, DC, by Council on Professional Affairs VP Tom Cecich.
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OSHA Comments on Record Number of Egregious Cases

From August 16 Issue of OSHA QuickTakes – “There’s a new sheriff in town,” Secretary of Labor Hilda L. Solis warned during her 2009 swearing-in ceremony. Following up on that warning, OSHA is aggressively enforcing its standards when employers show indifference to protecting the safety and lives of their workers.
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BLS Cites Economy for Preliminary BLS Data Showing Decline in 2009 Fatalities

The Bureau of Labor Statistics (BLS) announced on August 19 a dramatic decrease in 2009 workplace fatalities. The report can be found at http://www.bls.gov/iif/#tables. “A preliminary total of 4,340 fatal work injuries were recorded in the United States in 2009, down from a final count of 5,214 fatal work injuries in 2008.
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Join VPPPA in Supporting VPP

ASSE in various comments over the past year has supported continued funding for VPP and supports VPPPA’s educational campaign to Congress to urge continued funding. You can individually support VPPPA’s effort by going to its website at http://www.vpppa.org/GovAffairs/VPPSupport.
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Michaels Praises VPP but Warns of Its Possible End

On August 23, OSHA Assistant Secretary David Michaels addressed more than 2500 members of the Voluntary Protection Programs Participants Association at its annual conference. His remarks can be found at http://tinyurl.com/22wzbyk.
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ASSE Nominates Roberta Nelson Shea to NACOSH

ASSE nominated Roberta Nelson Shea to OSHA’s National Advisory Committee on Occupational Safety and Health. As ASSE’s nominating letter (http://www.asse.org/professionalaffairs_new/) to Assistant Secretary for Labor David Michaels indicates, Ms.
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ASSE Urges Better Use of Consensus Standards in OSHA Slips and Falls/PPE Rulemaking

In an August 19 comment(http://www.asse.org/professionalaffairs_new/) to OSHA on its proposed Walking-Working Surfaces and Personal Protective Equipment rulemaking, ASSE urged the agency to utilize more thoroughly existing voluntary consensus standards as it develops the new rule.
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ASSE Opposes Sanitarian Licensure Bill in Michigan

ASSE members in Michigan are working to make sure a bill that would license sanitarians in Michigan does not keep them from practicing as safety, health and environmental professionals in that state. The bill, perhaps unintentionally, would require anyone doing occupational safety and health and most environmental work to be a sanitarian.
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ASSE Opposes Sanitarian Licensure Bill in Michigan

ASSE members in Michigan are working to make sure a bill that would license sanitarians in Michigan does not keep them from practicing as safety, health and environmental professionals in that state. The bill, perhaps unintentionally, would require anyone doing occupational safety and health and most environmental work to be a sanitarian.
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NIOSH Twitter Site Launched for Transportation Community

From NIOSH – Follow NIOSH and the transportation community on Twitter (http://twitter.com/NIOSHtransport) to stay connected to industries such as those that transport passengers and cargo, provide scenic and sightseeing transportation, and support activities related to modes of transportation.
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PHMSA Proposed Rulemaking on Rural Onshore Hazardous Liquid Low-Stress Lines

The Pipeline and Hazardous Materials Safety Administration (PHMSA), is proposing to amend its pipeline safety regulations to apply safety regulations to rural low-stress hazardous liquid pipelines that are not covered by safety regulations in 49 CFR Part 195.
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EPA Direct Final Rule on Significant New Use Rules for 17 Chemicals

EPA has promulgating significant new use rules (SNURs) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for 17 chemical substances that were the subject of premanufacture notices (PMNs). Two of these chemical substances are subject to TSCA section 5(e) consent orders issued by EPA.
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PHMSA Seeks Comment on IAEA Regs for Transport of Radioactive Materials

The Pipeline and Hazardous Materials Safety Administration (PHMSA) is seeking public comment on a draft revision of the International Atomic Energy Agency’s (IAEA) “Regulations for the Safe Transport of Radioactive Material” (TS-R-1) scheduled for publication in 2012. PHMSA and the U.S.
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OSHA Announces $2.7 M in Harwood Grant Availability

OSHA announced grant availability of approximately $2.75 million for the Susan Harwood Training Grant Program for Targeted Topic training grants. The complete Harwood solicitation for grant applications (SGA) for Targeted Topic training grants is available at http://www.grants.gov.
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EPA Interim Guidelines on Employee Participation in Chemical Safety Inspections

From EPA – June 22, 2010 EPA to Seek Employee Participation in Chemical Safety Inspections WASHINGTON – The U.S. Environmental Protection Agency (EPA) has released interim guidance that would provide greater transparency in the agency’s chemical safety inspections process.
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House Ed and Labor Dems Raise Alarm on MSHA

From House Education and Labor Committee leadership.. The Inspector General’s report can be found at http://edlabor.house.gov/documents/111/pdf/administration/Alert_Memo_06232010.pdf MSHA Knowingly Overlooked Mines With Serious Safety Records, Labor Inspector General Reports to Chairman Miller June 23, 2010 6:31 PM WASHINGTON, D.C. – The U.S.
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Tales from the Front: June 8 NACOSH Meeting

On June 8, 2010, Adele Abrams, Esq., represented ASSE at the meeting of the National Advisory Committee on Occupational Safety and Health. Michael Silverstein, MD, of Washington State’s Div. of Occupational Safety and Health is now NACOSH chair. All other NACOSH members were present.
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Tales from the Front: June 16 House Hearing on Gulf Disaster OSH Issues

Heidi Hansen of the Law Office of Adele Abrams attended the House Energy & Commerce Subcommittee on Health hearing entitled “HHS Actions to Identify and Address Health Effects of the BP Oil Spill” on June 16, 2010.
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PPHMSA Advisory on Facility Response Plans After Deepwater Oil Spill

The Pipeline and Hazardous Materials Safety Administration (PHMSA) issued an Advisory Bulletin to operators of hazardous liquid pipeline facilities required to prepare and submit an oil spill response plan under 49 CFR part 194.
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NIOSH Response Efforts at Deepwater Horizon Disaster

From NIOSH – Much public and media attention is focused on the environmental and economic aspects of the Deepwater Horizon disaster. NIOSH’s response focuses on protecting the workers and volunteers from injury and illness. Join the discussion at http://www.cdc.gov/niosh/blog/nsb062910_oilspill.html.
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CSB to Investigate Root Causes of Deepwater Horizon Accident

US Chemical Safety and Hazard Investigation Board (CSB) Chairman John Bresland said in a letter to to Chairman Henry Waxman of House Energy and Commerce Committee and Chairman Bart Stupak of Subcommittee on Oversight and Investigations that CSB would undertake an investigation of the root causes of the Deepwater Horizon accident.
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Phase 3 of OSHA’s Standards Improvement Project Published

From OSHA – WASHINGTON – OSHA announced today Standards Improvement Project (SIP)-III (http://edocket.access.gpo.gov/2010/2010-15156.htm) a proposed rule to revise and remove requirements within several OSHA standards that are outdated, duplicative or inconsistent.
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NIOSH NORA’s National Manufacturing Agenda Available

From NIOSH – The National Manufacturing Agenda under the National Occupational Research Agenda (NORA) is available at http://www.cdc.gov/niosh/nora/. The agenda contains ten strategic goals designed to address top safety and health concerns and to promote the greatest opportunities to advance protections within the sector.
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EPA Delays Enforcement on Lead Paint Certification

As indicated in its memo at http://www.epa.gov/lead/pubs/giles_RRP_memo.pdf the EPA is delaying enforcement until October 1 of the firm certification provisions of its new lead renovation, repair and painting rule. Stakeholders have complained of an inability of obtaining such certification.
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OSHA Sets New Guidelines for Alliances

The leadership at OSHA has set new guidelines for the alliances it signs. ASSE is a proud Alliance partner with OSHA. from OSHA – The Occupational Safety and Health Administration (OSHA) works with the public to promote safe and secure workplaces and to enhance worker voice in the workplace.
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ASSE Member Testifies at DC Regulatory Flexibility Hearing

On July 1, 2010, the DC City Council held a public hearing regarding Bill 18-772, the “District Small Business Regulatory Flexibility Act of 2010” before DC Council members Cheh and Brown, at which ASSE-National Capital Chapter witness Bruce Donato testified in favor of the bill.
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ASSE VP for CoPA Cecich Represents ASSE at OSHA I2P2 Stakeholders Meeting

The following from Adele Abrams, ASSE’s Federal Representative, reports on the June 20 OSHA stakeholders meeting at the beginning of the rulemaking process intended to end in an injury and illness prevention program standard. No formal testimony was received. The meeting was held in a discussion format.
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OSHA Implements Severe Violators Enforcement Program

From OSHA – WASHINGTON – OSHA announced today that the Severe Violators Enforcement Program directive is effective June 18th. The agency announced in April that it was implementing the program to focus on employers who continually disregard their legal obligations to protect their workers.
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ASSE Comments on OSH/Mine Reform Bill

ASSE has commented (http://www.asse.org/professionalaffairs_new/communications/federal/docs/071210HR5366Comment2-esig.docx) on a bill (HR 5663, http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=111_cong_bills&docid=f:h5663ih.txt.
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GAO Stuff – Food Safety

Food Safety: FDA Has Begun to Take Action to Address Weaknesses in Food Safety Research, but Gaps Remain. GAO-10-182R, April 23. [agriculture and food] http://www.gao.
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EPA Expands Public Participation in Haz Waste Cleanup

From EPA – May 20, 2010 WASHINGTON – The U.S. Environmental Protection Agency (EPA) has launched an initiative to help communities more effectively participate in government decisions related to land cleanup, emergency preparedness and response, and the management of hazardous substances and waste.
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PHMSA Proposed HazMat Rulemaking on Packages for Transport by Aircraft

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has proposed to amend requirements in the Hazardous Materials Regulations to enhance the integrity of inner packagings or receptacles of combination packagings containing liquid hazardous material by ensuring they remain intact when subjected to the reduced pressure and other forces

PHMSA Final Rule on Incorporating Special Permits into Regs

The Pipeline and Hazardous Materials Safety Administration (PHMSA) is amending the Hazardous Materials Regulations to incorporate provisions contained in certain widely used or longstanding special permits that have an established safety record.
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EPA Makes Available Document on Exposure Assessment of PBDEs

EPA has announced the availability of a final report titled, “An Exposure Assessment of Polybrominated Diphenyl Ethers” (EPA/600/R-08/086F) at .
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EPA Adds Chemicals to Public Database

From EPA – May 17, 2010 EPA Adds More Than 6,300 Chemicals and 3,800 Chemical Facilities to Public Database Unprecedented access provided for the first time WASHINGTON – As part of Administrator Lisa P. Jackson’s commitment to increase public access to information on chemicals, the U.S.
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Fed Agencies Work to Educate Young Workers on Risks from the Sun

From OSHA – Through OSHA’s participation in the Federal Network for Young Workers’ Safety and Health (FedNet), we have been made aware of an Environmental Protection Agency (EPA) program entitled SunWise (http://www.epa.gov/sunwise/). The SunWise Program aims to teach people how to protect themselves from overexposure to the sun.
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ASSE Member Reports on Connecticut Action Impacting Chemicals

ASSE members involved in GA-related activities are encouraged to share the work they are doing on behalf of their fellow members. The following summary was prepared by Tom Benedict, who is President of the Connecticut Valley Chapter and shared this with ASSE. Thanks, Tom. The bill can be found at http://www.cga.ct.
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EPA on PCB-Containing Caulk in Renovation

From EPA – EPA has recently posted new information on its Web site on safe renovation and abatement of buildings that have polychlorinated biphenyl (PCB)-containing caulk.
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OSHA Adds Technical Amendment on Highway Steel Work to Steel Erection Standard

OSHA’s technical amendment adds a nonmandatory note to its standards governing steel erection. The note provides information concerning existing Federal Highway Administration regulations that may apply to employers engaged in activities covered by OSHA’s steel erection standards.
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Stimulus Dollars to Clean Up GM Properties

From CongressDaily – REMAINS OF THE BAILOUT. The Obama administration has pitched an $800 million trust fund to cover clean-up costs in closed General Motor Corp. sites in 14 states. It would cover nearly 90 properties closed during the company’s bankruptcy, with more than half in Michigan. The money will be drawn from the $1.
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Mine Review Commission Proposed Rulemaking to Simplify Proceedings

The Federal Mine Safety and Health Review Commission is an independent adjudicatory agency that provides trials and appellate review of cases arising under the Federal Mine Safety and Health Act of 1977 (the “Mine Act”).
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OSHA Announces FY10 Harwood Training Grant Opportunities

OSHA has announced grant availability of approximately $8 million for the Susan Harwood Training Grant Program for Capacity Building grants. The complete Harwood solicitation for grant applications (SGA) for Capacity Building grants is available at: http://www.grants.gov.
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OSHA Thanks Alliance Partners for NAOSH Week Participation

From OSHA Cooperative Programs, which has done amazing work helping ASSE spread the good word about NAOSH Week to the OSH community and beyond –
Thank you to the 40 Alliance Program participants who supported 2010 North American Occupational Safety and Health (NAOSH) Week, May 2 – 8, 2010! Sponsored annually by the American Society of Safet

Oregon OSHA Holding Public Forums on Penalties

From Oregon OSHA – Oregon’s Occupational Safety and Health Division (Oregon OSHA) announces a series of public forums to seek input on the agency’s penalty structure.
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Oregon OSHA Facing Budget Cuts

From OH&S Online at http://ohsonline.com/articles/2010/06/02/cuts-affect-or-osha.aspx?admgarea=news Freeze, Cuts Affect 14 Percent of OR-OSHA’s Staff In the agency’s June newsletter, Administrator Michael Wood discussed the moves made in response to a longer-than-expected revenue shortfall.
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OSHA Confirms Effective Date on HexChrome Exposure Determination Provisions

OSHA is confirming the effective date of its direct final rule (DFR) revising the employee notification requirements in the exposure determination provisions of the standards for Hexavalent Chromium (Cr(VI)).
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House Grants Ed and Labor Committee Deposition Authority for Mine Safety

From House Committee on Education and Labor – Last month, the U.S. House of Representatives granted the Education and Labor Committee the authority to compel witnesses to give depositions as part of the committee’s oversight into mine health and safety.
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Mine Victim Families Speak at Committee Field Hearing

From House Committee on Education and Labor – On May 24, Chairman Miller and other Committee members traveled to Beckley, West Virginia to hear from family members of miners killed in the Upper Big Branch Mine explosion. An April 5 explosion in Massey Energy’s Upper Big Branch Mine in Montcoal, West Virginia killed 29 miners.
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NIOSH Resources on Gulf Oil Disaster

Resources on dealing with the oil spew in the Gulf of Mexico can be found on NIOSH’s website at http://www.cdc.gov/niosh/topics/oilspillresponse/.
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New OSHA Design for Safety Web Page/NIOSH Ptd Efforts Advancing

Through ASSE’s Alliance with OSHA, John Mroszczyk has played a vitally important role in helping OSHA develop various resources to advance design for safety, or prevention through design (PtD), as NIOSH is calling its own efforts.
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NACOSH Meeting June 8

The National Advisory Committee on Occupational Safety and Health (NACOSH) will meet Tuesday, June 8, 2010, in Washington, DC, 8 a.m. to 4:30 p.m. in Room N-N3437 A/B/C, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210.
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OSHA Seeking Nominations for NACOSH

The Assistant Secretary of Labor for Occupational Safety and Health David Michaels has invited interested persons to submit nominations for membership on NACOSH. Nominations are due July 20, 2010. NACOSH is comprised of 12 members, all of whom the Secretary of Labor appoints. Nominations will be accepted for five positions.
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OSHA Proposes Rule on Walking-Working Surfaces and PPE (Fall Protection Systems)

OSHA has published a notice of proposed rule to revise the walking-working surfaces standards and the personal protective equipment standards in our regulations.
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GA at Safety 2010 in Baltimore

ASSE greatly appreciates the involvement of safety and health professionals who work in government in its educational programs. Below is a list of those who are involved in Safety 2010 in Baltimore coming up quickly June 13-16 along with other GA-related sessions.
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ASSE Supports Enzi Effort to Protect VPP – Urges Appropriate Competent Person Involvement

ASSE sent a letter (http://www.asse.org/professionalaffairs_new/communications/federal/docs/051910-Enzi-VPP-letter.docx) to US Senate HELP Committee Chair Michael B. Enzi supporting his budget amendment to restore FY 2011 funding for OSHA’s Voluntary Protection Program (VPP), which the Administration has proposed to cut entirely.
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ASSE Comments on OSHA and MSHA Budget Proposals – Urges Restoring VPP Funding

In a letter (http://www.asse.org/professionalaffairs_new/communications/federal/docs/052010-OSHMSHAbudget-e.docx) to the Chairmen of the Senate and House Appropriations Committees, ASSE stated its position on the Administration’s FY 2011 budgets for OSHA and MSHA.
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GAO Stuff – Cruise Ship Security

Maritime Security: Varied Actions Taken to Enhance Cruise Ship Security, but Some Concerns Remain. GAO-10-400, April 9. http://www.gao.gov/cgi-bin/getrpt?GAO-10-400 Highlights – http://www.gao.gov/highlights/d10400high.
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NIOSH Researching Barriers to Commercial Fishermen’s Use of E-Stop

From NIOSH eNews – Researchers from NIOSH’s Alaska Pacific Regional Office will gather information at ports in Alaska this spring to assess barriers to the adoption of an innovative safety device. In 2007, NIOSH licensed the device, the emergency stop or E-Stop for capstan winches, to Emerald Marine (http://www.go2marine.com/product.
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EPA Opens Access to Chem Info

From EPA – April 29, 2010 EPA Opens Access to Chemical Information Searchable database on chemical hazard, exposure and toxicity data now available WASHINGTON – The U.S. Environmental Protection Agency (EPA) is making it easier to find chemical information online.
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Few Happy with TSCA Changes

From outside news source – Chemicals Regulation Neither industry nor environmental and health activists are satisfied with Congress’ new proposals for reforming the Toxic Substances Control Act (TSCA), which governs the manufacture of chemicals.
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OSHA Asks Paperwork Comments on Construction Fall Protection Systems Criteria, Practices, Training Requirements

OSHA seeks comments on its proposal to extend OMB approval of the information collection (paperwork) requirements contained in the construction standards on Fall Protection Systems Criteria and Practices (29 CFR 1926.502) and Training Requirements (29 CFR 1926.503). Comments are due June 29, 2010. http://edocket.access.gpo.gov/2010/2010-10036.
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PHMSA Advisory Bulletin on New Incident Report Forms

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has issued an