Hospital's History of Violence Leads to OSHA Fine

Interesting application of the General Duty Clause...

Jul 20, 2010
OSHA has cited Danbury Hospital in Danbury, Conn., for failing to provide its employees with adequate safeguards against workplace violence. OSHA's action follows an inspection begun in January 2010, in response to worker complaints.

OSHA's inspection identified several instances during the past 18 months in which employees in the hospital's psychiatric ward, emergency ward, and general medical floors were injured by violent patients. In addition, there have been about 25 cases over the past five years in which hospital employees lost workdays or were put on restricted duty after being injured by patients. OSHA found that the hospital's workplace violence program was incomplete and ineffective at preventing these incidents. (More....)

OSHA proposes HAZCOMM changes

OSHA is proposing to modify its existing Hazard Communication Standard (HCS) to conform with the United Nations’ (UN) Globally Harmonized System of Classification and Labeling of Chemicals (GHS). OSHA has made a preliminary determination that the proposed modifications will improve the quality and consistency of information provided to employers and employees regarding chemical hazards and associated protective measures. The Agency anticipates this improved information will enhance the effectiveness of the HCS in ensuring that employees are apprised of the chemical hazards to which they may be exposed, and in reducing the incidence of chemical-related occupational illnesses and injuries.

The proposed modifications to the standard include 1) revised criteria for classification of chemical hazards; 2) revised labeling provisions that include requirements for use of standardized signal words, pictograms, hazard statements, and precautionary statements; 3) a specified format for safety data sheets; and 4) related revisions to definitions of terms used in the standard, requirements for employee training on labels and safety data sheets.

OSHA is also proposing to modify provisions of a number of other standards, including standards for flammable and combustible liquids, process safety management, and most substance-specific health standards, to ensure consistency with the modified HCS requirements.

See the proposed rule at http://edocket.access.gpo.gov/2009/pdf/E9-22483.pdf

U.S. Labor Department's OSHA issues final rule updating personal protective equipment standards based on national consensus standards

WASHINGTON - The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) today published in the Federal Register a final rule revising the personal protective equipment (PPE) sections of its general industry, shipyard employment, longshoring and marine terminals standards concerning requirements for eye- and face-protective devices, and head and foot protection.

OSHA is updating the references in its regulations to reflect more recent editions of the applicable national consensus standards that incorporate advances in technology. OSHA requires that PPE be safely designed and constructed for the tasks performed."Workers exposed to occupational hazards requiring head, foot, or eye and face protection will now be provided protection based on a standard that reflects state-of-the-art technology and materials," said acting Assistant Secretary of Labor for OSHA Jordan Barab. "This final rule is another step in OSHA's efforts to update or remove references to outdated national consensus and industry standards."Amendments to the PPE standards include a requirement that filter lenses and plates in eye-protective equipment meet a test for transmission of radiant energy such as light or infrared.

The final rule will become effective on Oct. 9. For technical inquiries, contact Ted Twardowski, Directorate of Standards and Guidance, at 202-693-2070.Under the Occupational Safety and Health Act of 1970, OSHA's role is to promote safe and healthful working conditions for America's working men and women by setting and enforcing standards, and providing training, outreach and education. For more information, visit http://www.osha.gov.

OSHA releases forklift eTool

Employers who use forklifts in their workplaces have a new resource to help keep their employees safe on the job. The Powered Industrial Trucks (Forklift) eTool is the latest Web-based training tool unveiled by the Occupational Safety and Health Administration (OSHA).

The eTool, which focuses on forklifts commonly used in general industry, provides a review of potential hazards and a summary of key OSHA requirements and industry-recommended practices for forklift operations. It includes four modules examining the types of forklifts, safe operating practices, workplace conditions affecting operation and operator training.

Article on undercount of workplace injuries and illnesses

The Bureau of Labor Statistics (BLS) has issued an article (Monthly Labor Review, August 2008) that summarizes and critiques some studies on undercounting of workplace injuries and illnesses, and describes BLS efforts to better understand and address the undercount issue (see our June 27 post).

Proposal to strengthen penalties for PPE violations

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) is accepting public comments on a Notice of Proposed Rulemaking (NPRM) on Personal Protective Equipment (PPE) and training standards. The proposal clarifies that when an OSHA standard requires an employer to provide PPE, such as respirators, or training to employees, the employer must do so for each employee subject to the requirement. Each employee not protected may be considered a separate violation for penalty purposes.

The proposed rule affects OSHA’s general industry, construction, and maritime standards. In many cases, OSHA combines separate violations of a single requirement in a standard into a single penalty. However, under the instance-by-instance penalty policy, OSHA may propose a separate penalty for each specific violation where the employer demonstrates a flagrant disregard for safety and health.

The proposed rule makes clear that failure to provide appropriate PPE or training may result in per-instance penalties in appropriate cases.

Public comments are being accepted until September 18.

The news release on proposed rule is here.

OSHA ruling kills UNR effort to recycle water

OSHA ruling kills UNR effort to recycle water
By Lenita Powers • lpowers@rgj.com • July 21, 2008

The University of Nevada, Reno's attempt to go green and save money by recycling more than a half-million gallons of water annually has been shot down by a disagreement with a state agency over a tiny pump. (Read more...)

Tree trimming and tree felling

OSHA recently published a directive that provides guidance for tree removal operations, clarifying which standards cover operations that have characteristics of tree trimming, or traditional tree felling operations, or both.

The directive also clarifies that tree trimming, as they define it, does not come within the scope of the Logging operations standard because such operations do not involve cutting down trees. Employers engaged solely in tree trimming operations at a worksite need only comply with other applicable General Industry standards and Section 5(a)(1).

The full text of directive CPL 02-01-044 is available at:
http://www.osha.gov/OshDoc/Directive_pdf/CPL_02-01-044.pdf

House committee reports on injury and illness under-reporting

A staff report by the Committee on Education and Labor (US House of Representatives) was released last week. They heard from witnesses that contend that the Department of Labor’s longstanding failure to collect accurate data on workplace injuries and illnesses calls into question the agency’s claims that workplaces are getting safer and healthier.

As much as 69 percent of all injuries and illnesses may never be reported to OSHA. An Education and Labor Committee staff report released today reviews the extent of the underreporting problem and offers explanations for it. To view the complete report, click here.

The press release with links to the statements by witnesses is at: http://www.house.gov/apps/list/speech/edlabor_dem/rel061908.html

Voluntary use of respirators

Thanks to Bob Grieshaber at UW-Milwaukee for pointing out their webpage that covers required information for voluntary use of respirators.

http://www.uwm.edu/Dept/EHSRM/IEH/RESPIRATOR/voluntuse.html

Keeping Disaster Site Workers Safe

OSHA has a webpage for "Keeping Disaster Site Workers Safe During Cleanup and Recovery Operations." It includes:

Fact Sheets & QuickCards
Disaster Recovery Operations
Public Service Announcements
Frequently Asked Questions
Safety and Health Guides
Safety and Health Information Bulletins
Training Programs
Columbus, Indiana, Images (Region V)
USA.gov resources on Midwest Floods
Other Government Resources

http://www.osha.gov/OshDoc/flood-tornado-recovery.html

Contributed by Ernie Stracener.

OSHA publishes guidance on respirators, facemasks

In light of a possible influenza pandemic, OSHA has released a proposed guidance document on workplace stockpiling of respirators and facemasks. The document aims to assist employers in purchasing and stockpiling decisions. OSHA is accepting comment on the document until July 8.

From National Safety Council