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ASSE Government Affairs Update – 6.19.13

Posted 21 hours ago

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ASSE Backs CSB FY 14 Budget Request, Asks Help in Setting Investigation Priorities Among Fed Agencies

Posted 21 hours ago

In a letter to the Chair and Ranking Member of the House Appropriations Subcommittee on Interior, Environment, and Related Agencies, ASSE stated its support for the Administration’s proposal to fund the U.S. Chemical Safety and Hazard Investigation Board (CSB). The Administration proposed funding CSB at $11.484 milion, an 8.8% increase over its current funding. ASSE [...]

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Florida Governor Scott Signs ASSE-Backed Texting Ban Into Law

Posted 21 hours ago

On May 28, Florida Governor Rick Scott signed into law a bill to ban texting while driving actively supported supported by ASSE and its members in Florida. ASSE joined in a state-wide, bipartisan effort to pass the bill that was led by the FL DNT TXT+DRIVE COALITION, as the press release announcing Governor Scott’s action [...]

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Highlights of ASSE GAC Annual Hill Visits in DC

Posted 21 hours ago

ASSE’s Government Affairs Committee (GAC) conducted its annual Capitol Hill visits and meeting in Washington, DC, May 4-7 in conjunction with ASSE NAOSH Week activities hosted by OSHA at the Department of Labor.  The GAC meets twice a year, in the spring in DC and in the fall in Des Plaines, typically. On Capitol Hill, in [...]

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Good Year for GA at Safety 2013 in Las Vegas

Posted 21 hours ago

2013 is a very good year for government affairs at the PDC, and you are encouraged to take advantage of these opportunities to hear from those who help make the decisions in DC that impact your practice. Four either current or past federal safety agency leaders are participating.  Assistant Secretary David Michaels is once again the plenary speaker [...]

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OSHA Sets New Policy for VPP Fatalities

Posted 21 hours ago

On May 29, OSHA issued VPP Policy Memorandum #7: Further Improvements to the Voluntary Protection Program (VPP) to set new policy and procedures for fatalities and catastrophes at VPP or a Mobile Workforce (MWF) site, effective immediately.  Among the new procedures, regions must notify the Assistant Secretary and the Directorate of Cooperative and State Programs [...]

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OSHA Direct Final Rule Updates Signage Standards

Posted 21 hours ago

OSHA has issued a direct final rule to update its general industry and construction signage standards by adding references to the latest versions of the ANSI standards on specifications for accident prevention signs and tags, ANSI Z535.1-2006(R2011), Z535.2-2011 and Z535.5-2011.  However, OSHA is retaining the existing references to the earlier ANSI standards, ANSI Z53.1-1967, Z35.1-1968 [...]

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NIOSH Creates Ladder Safety App

Posted 21 hours ago

From NIOSH – We are pleased to announce the availability of a new free application (app) for mobile phone devices aimed at improving extension ladder safety.  The NIOSH Ladder Safety phone app has an angle of inclination indicator making it easy to set an extension ladder at the proper angle of 75.5 degrees.  The app [...]

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NIOSH Releases Nail Gun Safety Publication

Posted 21 hours ago

From NIOSH – As part of our efforts to keep you informed of new workplace safety and health resources, we wanted to let you know that the National Institute for Occupational Safety and Health (NIOSH) has released an innovative new publication titled Straight Talk About Nail Gun Safety [DHHS (NIOSH) Publication No. 2013–149], which is [...]

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OSHA Final Cranes and Derricks in Construction Rule Revising Exemption for Digger Derricks

Posted 22 hours ago

In November 2012 OSHA published a direct final rule and proposed rulemaking to broaden the exemption for digger derricks in its construction standard for cranes and derricks.  OSHA received a significant adverse comment on the direct final rule during the comment period, and as a result, OSHA withdrew the direct final rule on February 7, [...]

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OSHA Announces Intent to Extend Crane Operator Certification Compliance Date

Posted 22 hours ago

From OSHA – May 22, 2013 OSHA announces intent to extend compliance date for crane operator certification requirements WASHINGTON – The Occupational Safety and Health Administration has announced that it will propose to extend the compliance date for the crane operator certification requirement by three years to Nov. 10, 2017. The proposal would also extend [...]

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California Reports on Worker Lead Exposure

Posted 22 hours ago

A new report from the California Occupational Blood Lead Registry has found a continued risk of lead exposure to workers in the state.  The largest numbers of workers with elevated BLLs live in Los Angeles, San Bernardino, Riverside, Orange, and Alameda counties.   58% of workers with elevated BLLs reported to the Registry in 2011 worked [...]

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WHO Proposes New Pandemic Flue Alert System

Posted 22 hours ago

Based on lessons learned during the 2009 H1N1 pandemic, the World Health Organization (WHO) has proposed a new pandemic alert system that is designed to focus more on the risk of the disease than on its geographic spread.  The WHO’s proposal can be found at  http://www.who.int/influenza/preparedness/pandemic/GIP_PandemicInfluenzaRiskManagementInterimGuidance_2013.pdf. 

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EPA Final Rule Updates NCP Priorities List

Posted 22 hours ago

CERCLA of 1980 requires that the National Oil and Hazardous Substances Pollution Contingency Plan (“NCP”) include a list of national priorities among the known releases or threatened releases of hazardous substances, pollutants or contaminants throughout the US.  This is the National Priorities List (NPL’).  The NPL is intended primarily to guide EPA in determining which [...]

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EPA Proposed Rule on Formaldehyde Emissions for Composite Wood Products

Posted 22 hours ago

EPA has proposed new requirements under the Formaldehyde Standards for Composite Wood Products Act (Title VI of the Toxic Substances Control Act [TSCA]).  The proposed requirements are designed to implement statutory formaldehyde emission standards for hardwood plywood, medium-density fiberboard, and particleboard sold, supplied, offered for sale, or manufactured (including imported) in the US.  As the [...]

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GAO Stuff

Posted 22 hours ago

Worker Safety and Health at Department of Energy Sites, GAO-13-497R, May 29 http://www.gao.gov/products/GAO-13-497R Centers for Disease Control and Prevention: Lobbying Policies and Monitoring for Program to Reduce Obesity and Tobacco Use. GAO-13-477R, April 30.  http://www.gao.gov/products/GAO-13-477R USDA’s Implementation of New State-Delegated Meat Inspection Program Addresses Most Key Farm Bill Requirements, but Additional Action Needed. GAO-13-332R, May [...]

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ASSE Urges Obama to Advance l2P2 Rule as Fitting Response to West Explosion and 13 Deaths Daily in US Workplaces

Posted on Tue, May 21, 2013

In a May 16 letter, ASSE urged President Obama to direct his Administration to move forward OSHA rulemaking on an injury and illness prevention program (I2P2) standard as an appropriate response to the April 19 fertilizer plant explosion in West, Texas, that took 15 lives as well as the nearly 13 lives lost each day [...]

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ASSE Joins 221 Stakeholders in Fight for NIOSH ERCs and Ag, Farm and Fishing Research Program

Posted on Tue, May 21, 2013

For the third year in a row, the Obama Administration has proposed eliminating funding for the National Insitute for  Occupational Safety and Health (NIOSH) Education and Research Centers (ERCs) and the NORA Agriculture, Forestry and Fishing (AgFF) research program. In response, ASSE has joined with 220 other stakeholders in NIOSH and these programs to oppose [...]

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Nearly Six Years for Fake Haz Waste Training and Impersonating an OSHA Official

Posted on Tue, May 21, 2013

Connie M. Knight, formerly of Belle Chasse, La., has been sentenced to serve 57 months in prison in New Orleans federal court for providing fraudulent hazardous waste safety training in the wake of the Deepwater Horizon explosion and spill.  Ms. Knight also was ordered to pay victim restitution in the amount of $25,300 In January [...]

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OSHA Says Union Can Rep Employee in Walkarounds in Non-Union Workplaces

Posted on Tue, May 21, 2013

On February 21, OSHA issued a guidance letter answering the question “whether workers at a workplace without a collective bargaining agreement may authorize a person who is affiliated with a union or a community organization to act as their representative under” the OSH Act, including “’representing the employee(s) as a personal representative’ and ‘accompanying the [...]

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OSHA Issues Memo on SVEP Removal Criteria

Posted on Tue, May 21, 2013

OSHA has issued a memorandum (http://www.osha.gov/dep/enforcement/memo_SVEP_removal_criteria_082012.html) that sets out criteria for employers to be removed from the Severe Violator Enforcement Pro­­gram (SVEP).  OSHA has determined that employers may be removed from the SVEP three years from the date of the “final disposition of the SVEP inspection citation items.”

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NIOSH Issues Bulletin on Nanotubes and Nanofibers

Posted on Tue, May 21, 2013

In April, NIOSH issued a Current Intelligence Bulletin (CIB) on occupational exposure to carbon nanotubes and nanofibers.  The bulletin (1) reviews the animal and other toxicological data relevant to assessing the potential non-malignant adverse respiratory effects of these nanofibers (2) provides a quantitative risk assessment based on animal dose-response data, (3) proposes a recommended exposure [...]

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CSB Investigating West Explosion

Posted on Tue, May 21, 2013

Along with various other agencies jockeying for priority in carrying out their investigations, the US Chemical Safety and Hazards Investigation Board (CSB) is in West, Texas, to investigate the explosion that took 15 lives.  Chairman Barbara Boxer (D-CA), Chairman of the Senate Committee on Environment and Public Works has addressed her concerns about the explosion [...]

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New ACCSH Appointed

Posted on Tue, May 21, 2013

Various ASSE members typically belong to ACCSH and the other OSHA advisory committees.  Two notable ASSE members are included here.  Jeremy Bethancourt recently received the ASSE Triangle Award for Heroism at NAOSH Week events hosted by OSHA at the Department of Labor.  Jerry Rivera is a member who has been visibly active in both ASSE’s [...]

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Texting with Voice as Dangerous as Texting with Fingers Study Says

Posted on Tue, May 21, 2013

A study sponsored by the Southwest Region University Transportation Center and conducted by the Texas A&M Transportation Institute has found that using voice to send text messages while driving is just as dangerous as texting.  You can find the report at http://tti.tamu.edu/group/cts/texting-and-driving/.

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NTSB Offers Targeted Interventions to Combat Drunk Driving

Posted on Tue, May 21, 2013

On May 14, the National Transportation Safety Board issued a report containing targeted interventions to eliminate alcohol-impaired driving crashes. The interventions include setting blood-alcohol limits at .05, the use of passive alcohol sensors in high-visibility enforcement efforts like sobriety checkpoints, and greater use of ignition interlocks, among other ideas. NTSB’s press release with a link [...]

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House Dems Ask GAO to Examine Oversight Gaps at West and Similar Facilities

Posted on Tue, May 21, 2013

From House Committee on Education and the Workforce Democrats – Reps. George Miller (D-Calif.) and Joe Courtney (D-Conn.) this week requested that the Government Accountability Office (GAO) investigate gaps in regulatory oversight of the West, Texas fertilizer plant where an April 17 explosion killed 15 and injured more than 200. Miller, the senior Democratic member of the Education [...]

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Free GHS Webinar through OSHA Alliance

Posted on Tue, May 21, 2013

From OSHA’s  Office of Outreach Services and Alliances – As part of our efforts to keep you informed of the agency’s activities, you should know that, as part of its Alliance with OSHA, the Society of Chemical Hazard Communication (SCHC) will host a free webinar on Thursday, July 25, 2013 from 1:30 PM – 2:30 [...]

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OSHA Final Rule on Cranes and Derricks in Underground Construction and Demolition

Posted on Tue, May 21, 2013

In August 2012, OSHA issued a notice of proposed rulemaking and companion direct final rule that proposed applying the requirements in OSHA’s 2010 cranes and derricks construction standard to underground construction work and  demolition work. The notice of proposed rulemaking also proposed to correct inadvertent errors in the underground construction and demolition standards. After receiving [...]

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OSHA Announces Harwood Grant Availability

Posted on Tue, May 21, 2013

From OSHA – US Department of Labor’s OSHA seeks applications for $1.5 million in Susan Harwood safety and health training grants WASHINGTON — The U.S. Department of Labor’s Occupational Safety and Health Administration is soliciting applications under the Susan Harwood Training Grant Program, through which a total of $1.5 million is available to nonprofit, community [...]

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MACOSH Reestablished

Posted on Tue, May 21, 2013

OSHA has published a notice that the charter of the Maritime Advisory Committee for Occupational Safety and Health (MACOSH) has been reestablished, at http://www.gpo.gov/fdsys/pkg/FR-2013-04-12/html/2013-08654.htm Jim Thornton, Chair of ASSE’s Government Affairs Committee, also chairs MACOSH.

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Temporary Reduction of HazMat Registration Fees

Posted on Tue, May 21, 2013

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has published a final rule to meet its responsibilities under the federal hazardous materials transportation law that requires DOT to adjust the amount of the annual registration fee to account for any unexpended balance in the Hazardous Materials Emergency Preparedness (HMEP) Fund.  Due to an unexpended balance [...]

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PHMSA Final Rule on Revision of Max and Minimum HazMat Civil Penalties

Posted on Tue, May 21, 2013

The Pipeline and Hazardous Materials Safety Administration (PHMSA) is revising the references in its regulations to the maximum and minimum civil penalties for a knowing violation of the federal hazardous material transportation law or a regulation, order, special permit, or approval issued under that law.  As amended in the “Moving Ahead for Progress in the [...]

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EPA Proposed Rule on Emissions for Mineral Wool Production and Wool Fiberglass Manufacturing

Posted on Tue, May 21, 2013

In a proposed rule and notice of public hearing, EPA has proposed chromium and particulate matter (for metals) standards for wool fiberglass gas-fired glass-melting furnaces at area sources and adds these sources to the category list in the Urban Air Toxics Strategy.  It also proposes amendments to the existing major source rules for Mineral Wool [...]

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GAO Stuff on FAA, Chemicals, Superfund and Livestock

Posted on Tue, May 21, 2013

Aviation Safety: FAA Efforts Have Improved Safety, but Challenges Remain in Key Areas, GAO-13-442T, April 16 http://www.gao.gov/products/GAO-13-442T Toxic Substances: EPA Has Increased Efforts to Assess and Control Chemicals but Could Strengthen Its Approach, GAO-13-249, March 22  http://www.gao.gov/products/GAO-13-249 Superfund: EPA Should Take Steps to Improve Its Management of Alternatives to Placing Sites on the National Priorities [...]

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Contractor Prequalification Bill Backed by ASSE in Maryland

Posted on Fri, Apr 5, 2013

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

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ASSE Florida Members Back Legislative Effort to Ban Texting

Posted on Fri, Apr 5, 2013

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

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AZ Texting Ban Bill Sponsor Speaks Eloquently in Face of Defeat

Posted on Fri, Apr 5, 2013

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

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OSHA Alliance Publication Recognizes ASSE and Members for Sandy Help

Posted on Fri, Apr 5, 2013

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

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ASSE at OSHA Stakeholder Meetings on Backing

Posted on Fri, Apr 5, 2013

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

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OSH Political Season Begins in DC

Posted on Fri, Apr 5, 2013

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

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NIOSH Announces New Lead for PtD Program

Posted on Fri, Apr 5, 2013

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

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

Posted on Fri, Apr 5, 2013

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

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NIOSH Blogs Michigan Research on Amputations

Posted on Fri, Apr 5, 2013

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

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New OSHA Resource to Protect Emergency Workers at Combustible Dust Fires

Posted on Fri, Apr 5, 2013

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

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OSHA Launches Young Worker Resources

Posted on Fri, Apr 5, 2013

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

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

Posted on Fri, Apr 5, 2013

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

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OSHA Publishes White Paper on Severe Violator Program

Posted on Fri, Apr 5, 2013

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

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OSHA Revokes Obsolete Variances for Cylindrical Steel Tanks

Posted on Fri, Apr 5, 2013

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

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PHMSA Finalizes Amendments to HazMat Rule

Posted on Fri, Apr 5, 2013

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

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PHMSA Advisory on Unauthorized Marking of Compressed Gas Cylinders

Posted on Fri, Apr 5, 2013

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

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PHMSA Incident and Accident Reports Available Online

Posted on Fri, Apr 5, 2013

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

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Free GHS Webinar for OSHA Alliance Participants

Posted on Fri, Apr 5, 2013

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

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GAO Stuff

Posted on Fri, Apr 5, 2013

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

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

Posted on Fri, Mar 1, 2013

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

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Arizona ASSE Members Back Texting Ban Bill

Posted on Fri, Mar 1, 2013

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

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MSHA Issues POV Final Rule

Posted on Fri, Mar 1, 2013

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

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

Posted on Fri, Mar 1, 2013

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

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OSHA Rulemaking on Affordable Care Act Whistleblower Procedures

Posted on Fri, Mar 1, 2013

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

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OSHA Releases 2013 Targeted Inspection Plan to Protect Federal Workers

Posted on Fri, Mar 1, 2013

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

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NIOSH Seeks Comment on Strategic Plan for Nano Research and Guidance

Posted on Fri, Mar 1, 2013

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

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

Posted on Fri, Mar 1, 2013

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

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DoL IG Targets OSHA and MSHA in 2013 Workplan

Posted on Fri, Mar 1, 2013

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

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MSHA Releases 2012 Preliminary Fatality Data

Posted on Fri, Mar 1, 2013

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

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MSHA Files Record Temporary Reinstatement Requests on Behalf of Miners

Posted on Fri, Mar 1, 2013

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

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

Posted on Fri, Mar 1, 2013

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

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EPA Solicits Public Comment for the National Enforcement Initiatives

Posted on Fri, Mar 1, 2013

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

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GAO Finds OSHA NRTL Program Could Use Improvements

Posted on Fri, Mar 1, 2013

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

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Study on Older Worker Fatal Falls in Construction

Posted on Fri, Mar 1, 2013

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

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MSHA Bulletin on Use of the Coal Dust Explosibility Meter

Posted on Fri, Mar 1, 2013

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

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EPA Makes Public Comprehensive Info on US Chemical Use

Posted on Fri, Mar 1, 2013

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

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PHMSA Public Forum on State One-Call Exemptions

Posted on Fri, Mar 1, 2013

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

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EPA Final Rule on Emission Standards for Reciprocating Internal Combustion Engines

Posted on Fri, Mar 1, 2013

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

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PHMSA Advisory Bulletin on Accident and Incident Notification Time Limit

Posted on Fri, Mar 1, 2013

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

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

Posted on Fri, Mar 1, 2013

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

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DOE Considering Conservation Standards for Commercial and Industrial Fans and Blowers

Posted on Fri, Mar 1, 2013

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

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EPA Final Emission Standards for Industrial, Commercial and Institutional Boilers

Posted on Fri, Mar 1, 2013

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

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OSHA Setting Whistleblower Procedures for Complaints Under Seaman Protection Act

Posted on Fri, Mar 1, 2013

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

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EPA Final Rule on Commercial and Industrial Solid Waste

Posted on Fri, Mar 1, 2013

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

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GAO Stuff on Pipelines, Climate Change and DHS

Posted on Fri, Mar 1, 2013

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

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ASSE Government Affairs Update – January 18, 2013

Posted on Fri, Jan 18, 2013

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ASSE Government Affairs Priorities for 2013

Posted on Fri, Jan 18, 2013

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

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ASSE Asks for Public Hearing in Illinois Asbestos Abatement Rulemaking

Posted on Fri, Jan 18, 2013

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

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ASSE Comments on Resignation of Labor Secretary Solis

Posted on Fri, Jan 18, 2013

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

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OSHA Publishes New Reg Agenda

Posted on Fri, Jan 18, 2013

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

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OSHA Issues Latest Inspection Plan under SST

Posted on Fri, Jan 18, 2013

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

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MSHA Releases Final Rule on Pattern of Violations

Posted on Fri, Jan 18, 2013

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

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Dr. Beth Rosenberg Confirmed as New CSB Board Member

Posted on Fri, Jan 18, 2013

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

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CSB Releases Report on 2011 Hawaii Fireworks Explosion

Posted on Fri, Jan 18, 2013

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

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OSHA and MSHA Hazard Alert on Diesel Particulate

Posted on Fri, Jan 18, 2013

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

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OSHA Holding Stakeholder Meetings to Address Backovers

Posted on Fri, Jan 18, 2013

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

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FAA Proposes Increased OSHA Oversight of Flight Attendants

Posted on Fri, Jan 18, 2013

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

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Campaign Underway to Free Silica Rulemaking from White House

Posted on Fri, Jan 18, 2013

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

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EPA and CPSC Collaborate on Nano Health Impact Research

Posted on Fri, Jan 18, 2013

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

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DOT Issues Statement on Impact of State Marijuana Laws

Posted on Fri, Jan 18, 2013

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

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OSHA Seeks Comments on Updating Construction Industry Standards

Posted on Fri, Jan 18, 2013

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

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First Meeting of OSHA Whistleblower Advisory Committee Set for January 29

Posted on Fri, Jan 18, 2013

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

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Tales from DC: November 29-30 ACCSH Meeting

Posted on Fri, Jan 18, 2013

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

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PHMSA Sets 2013 Minimum Rate for Random Drug Testing

Posted on Fri, Jan 18, 2013

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

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PHMSA Advisory Bulletin on Integrity Management Program Evaluations

Posted on Fri, Jan 18, 2013

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

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