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Kamis, 08 Desember 2011

US Department of Labor continues to cite beauty salons and manufacturers for formaldehyde exposure from hair smoothing products

OSHA urges salon owners to implement protective measures
The U.S. Department of Labor's Occupational Safety and Health Administration is continuing its efforts to protect workers from the dangers of formaldehyde exposure.

In November, OSHA issued citations and fines to two salons for failing to implement precautions to protect workers from exposure to formaldehyde when using certain hair-smoothing products. Formaldehyde can irritate the eyes and nose; can cause allergic reactions of the skin, eyes and lungs; and is a cancer hazard. Salon owners who decide to use products that may contain or release formaldehyde must follow the requirements of OSHA's formaldehyde and hazard communication standards to keep workers safe.

"We want to make sure that salon owners are aware that if they use these products, they have to implement protective measures such as air monitoring and training," said Assistant Secretary of Labor for OSHA Dr. David Michaels. "What is very troubling to the agency is that some of these products clearly expose workers to formaldehyde even when the label states they are ‘formaldehyde free.'"

OSHA continues to respond to complaints and referrals of formaldehyde exposure in salons, beauty schools and manufacturing facilities. To date in calendar year 2011, federal OSHA has issued citations to 23 salon owners and beauty schools in Connecticut, Massachusetts, Pennsylvania, Florida, Illinois, New York, New Jersey and Ohio, with fines ranging up to $17,500 for failing to protect workers from overexposure and potential exposure to formaldehyde.

Some of these violations include failing to communicate the hazards of exposure to formaldehyde, provide needed protective equipment and test air levels. The requirements of OSHA's formaldehyde standard can be viewed at http://s.dol.gov/KW. In three separate salons, OSHA's tests showed that workers were exposed to formaldehyde levels above the agency's 15-minute short-term exposure limit, which is 2.0 parts of formaldehyde per million parts of air. In one case, OSHA determined that a hair stylist was exposed to more than five times the allowable amount with an actual exposure reading of 10.12 ppm. In another instance, the exposure reading was 4.73 ppm.

OSHA also has issued citations to two Florida manufacturers and two Florida-based distributors of hair products containing formaldehyde for failing to protect their own workers from possible formaldehyde exposure as well as to communicate the hazards of formaldehyde exposure to salons, stylists and consumers. The violations of OSHA's formaldehyde and hazard communication standards include failing to list formaldehyde as a hazardous ingredient on the material safety data sheet, the hazard warning sheet provided to users such as salon owners and stylists; include proper hazard warnings on product labels; and list the health effects of formaldehyde exposure on the MSDS. Labels must include ingredient and health hazard warning information, and the MSDS must provide users with information on the chemicals in a product, the hazards to workers and how to use the product safely.

"The best way to control exposure to formaldehyde is to use products that do not contain formaldehyde. Salons should check the label or product information to make sure it does not list formaldehyde, formalin, methylene glycol or any of the other names for formaldehyde," said Michaels. "If salon owners decide to use products that contain or release formaldehyde, then they must follow a number of protective practices — including air monitoring, worker training and, if levels are over OSHA limits, good ventilation or respirators."

OSHA already has conducted significant outreach to salons, beauty schools and manufacturers to alert them about the hazards of hair smoothing products and the requirements of OSHA's standards. In late September, OSHA issued a second hazard alert to hair salon owners and workers about potential formaldehyde exposure from working with certain hair smoothing and straightening products, which can be viewed at http://www.osha.gov/SLTC/formaldehyde/hazard_alert.html. This alert, which revised the initial alert issued last spring, was prompted by the results of additional agency inspections, a warning letter issued by the U.S. Food and Drug Administration, and factually incorrect information recently sent to salons by Brazilian Blowout, a company that manufactures hair products.

In response to the Aug. 24 letter sent by Brazilian Blowout to salon owners claiming that all OSHA air tests performed on the company's Brazilian Blowout Professional Acai Smoothing Solution yielded results below OSHA's standard for exposure, the agency sent a letter to the company refuting that assertion. OSHA's letter can be viewed at http://www.osha.gov/SLTC/formaldehyde/brazilian_blowout_letter.pdf*.

For more information on formaldehyde exposure in salons, visit http://www.osha.gov/SLTC/hairsalons/index.html.

For small businesses in all states across the country, OSHA's On-site Consultation Program offers free and confidential advice for employers seeking help to identify and prevent job hazards or improve their safety and health management systems. In fiscal year 2010, the program provided free assistance to more than 30,000 small businesses covering more than 1.5 million workers across the nation. For more information, visit http://www.osha.gov/dcsp/smallbusiness/consult.html.

"These consultation services are separate from enforcement and do not result in penalties or citations," said Michaels. "Consultants from state agencies or universities work with employers to identify workplace hazards, provide advice on compliance with OSHA standards, and assist in establishing safety and health management systems."

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.


Kamis, 03 November 2011

OSHA: Corporate Fraud Contributed To Nation's Economic Problems

The U.S. Department of Labor's Occupational Safety and Health Administration will publish interim final rules in the Nov. 3 Federal Register that revise the regulations governing whistleblower complaints filed under the Sarbanes-Oxley Act of 2002. The act protects employees of publicly traded companies and their subsidiaries, and of certain other employers, from retaliation for reporting mail fraud, wire fraud, bank fraud, securities fraud, violations of SEC rules or regulations, or violations of any provision of federal law relating to fraud against shareholders. OSHA is requesting public comment on the interim final rule.
"Fraudulent practices by publicly held corporations have contributed to the economic difficulties currently facing our nation," said OSHA Assistant Secretary Dr. David Michaels. "The best way to prevent this from happening in the future is to ensure that workers feel free to blow the whistle on corrupt corporate practices without fear of retaliation, and OSHA is committed to protecting the rights of those workers to speak out."
The whistleblower protection provisions of SOX were amended by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 to clarify that subsidiaries of publicly traded companies are covered employers under the statute, and to add nationally recognized statistical rating organizations as covered employers. The 2010 amendments to SOX also extended the statute of limitations for filing a complaint from 90 to 180 days, among other changes. The new interim final rules implement these changes and aim to improve OSHA's procedures for handling complaints under SOX.
Among the changes to improve the complaint filing process, the revised rules will allow SOX complainants to file complaints orally and in any language, and enhance the sharing of information between parties throughout the investigation.
"The ability of workers to speak out and exercise their legal rights without fear of retaliation is crucial to many of the legal protections and safeguards that all Americans value," said Dr. Michaels. "In a continuing effort to improve the Whistleblower Protection Program and make the filing process easier, the rules have been updated to reflect the changes required by the statute."
The interim final rule can be viewed at http://s.dol.gov/JN. Comments, which must be received by Jan. 3, 2012, may be submitted electronically via the federal e-rulemaking portal at http://www.regulations.gov, or by mail or fax. Faxed submissions, including attachments, must not exceed 10 pages and should be sent to the OSHA Docket Office at 202-693-1648. Comments submitted by mail should be addressed to the OSHA Docket Office, Docket No. OSHA-2011-0126, U.S. Department of Labor, Room N-2625, 200 Constitution Ave. NW, Washington, D.C. 20210.
OSHA enforces the whistleblower provisions of the Occupational Safety and Health Act and 20 other statutes protecting employees who report reasonably perceived violations of various workplace, commercial motor vehicle, airline, nuclear, pipeline, environmental, railroad, public transportation, maritime, consumer product, health care reform, corporate securities, food safety and consumer financial reform regulations. Additional information is available at http://www.whistleblowers.gov.

Jumat, 13 Mei 2011

Court Orders Workers Compensation Insurance Carrier to Comply With OSHA Subpoena

The workers’ compensation insurance company, who provided coverage to an employer where a double fatality occurred when a grain elevator exploded, has been order by a US Federal Court Judge, to comply with a subpoena issued by The Occupational Safety and Health Administration [OSHA] directed to obtain information about the safety of the facility. The opinion entered by Judge Philip G. Reinhard, adopts the report and recommendation of the magistrate judge, requires that custodian of records of the workers’ compensation insurance company testify and present documents concerning inspections and reports it prepared as to the employer, Haasbach LLC.


The Court reasoned that OSHA had the authority under Federal law to conduct inspections and investigation including requesting attendance and testimony of witnesses. 29 U.S.C. 657(b). The Court also held that OSHA’s request for loss control reports for 4 years prior to the accident were reasonably related to the investigation. The workers’ compensation insurance company will also be required to produce: site safety inspections, applications for insurance coverage for the site, and correspondence between the insurance carrier, Grinnell Mutual Reinsurance Co., and the the employer, Hassbach, concerning the site.

OSHA had issued 25 citations ($555,000 penalty) to the Illinois grain elevator operator, Haasbach LLC, following an investigation into the deaths of two young workers, Wyatt Whitebread and Alex Pacas (ages 14 and 19 years old, respectively), at the company’s grain elevator in Mount Carroll, Illinois. A third worker was injured at the time of the accident, when they were “walking down the corn” to make it flow while while machinery used for evacuating the grain was running.

“Grain entrapments kill workers. All employers, especially those in high-hazard industries, must prevent workers from being hurt or killed as a result of recognized hazards,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “There is absolutely no excuse for any worker to be killed in this type of incident.”

OSHA Assistant Secretary Dr. David Michaels praised the decision. “The court affirmed OSHA’s authority to obtain relevant information from an employer’s workers’ compensation insurance company. This is not surprising legally, but it does illustrate that workers’ compensation and OSHA are not separate worlds divorced from each other,” he said. “Workers’ compensation loss control activities overlap with OSHA’s efforts to bring about safe and healthful workplaces, and in order to achieve a safe and healthful working environment for all Americans, all efforts of business, insurance, labor and government must move forward together.”

Judge Reinhard held that disclosure of the information into the public domain was permissible unless a federally recognized attorney-client privilege existed due to a pending state court action. If such a privilege was to be asserted as to certain materials that would be required to be produced, then the parties may submit a privilege log to the magistrate judge for consideration.

Solis v. Grinnell Mut. Reinsurance Co., 2011 WL 1642534 (N.D. Ill) Decided May 2, 2011
Related articles

· OSHA Anniversary April 21, 2011 10:00am C-Span Event (workers-compensation.blogspot.com)

· OSHA To Fine Employers for Distracted Driving Accidents (workers-compensation.blogspot.com)

· Video of The History of US OSHA (workers-compensation.blogspot.com)

· OSHA at 40 (workers-compensation.blogspot.com)

· US OSHA Warns Workers of Brazilian Blowout Formaldehyde Hazards (workers-compensation.blogspot.com)

Senin, 18 April 2011

OSHA To Fine Employers for Distracted Driving Accidents

OSHA has announced an aggressive program to combat "The Number 1 Killer of Workers," Distracted Driving. The announcement was made today by Dr. David Michaels, Assistant Secretary of Labor of the Occupational Safety and Health (OSHA).


The enforcement program was described by Michaels  at a symposium on the prevention of Occupationally-Related Distracted Driving conference hosted by Johns Hopkins University. Following the policy announced by President Obama in his Executive Order banning texting while driving, OSHA is calling upon all employers to ban texting while driving.


It is the intention of OSHA to provide education and enforcement on the issue of distracted driving. OSHA will investigate motor vehicle accidents, including cell phone records, and will issue citations and fine employers where an accident involved texting while driving. While OSHA has juridiction over employers, and not employees,  it hopes to encourage all employers to declare motor vehicles a "text free zone."

Sabtu, 16 April 2011

OSHA at 40


Please join the Center for American Progress for a special presentation:

OSHA at 40

April 21, 2011, 10:00am – 11:30am
Admission is free.
Featured speaker:
David Michaels, Assistant Secretary of Labor for Occupational Safety and Health
Featured panelists:
Peg Seminario, Director of Safety and Health, AFL-CIO
Joseph Van Houten, 
Senior Director of Worldwide Environment, Health, and Safety, Johnson & Johnson
David Weil, Professor of Economics, Boston University School of Management
Moderated by:
Reece Rushing, 
Director of Government Reform, Center for American Progress
In 1970, 18 out of every 100,000 workers were killed on the job—a total of nearly 14,000 dead. That same year, President Richard Nixon signed legislation creating the Occupational Safety and Health Administration.
As OSHA celebrates its 40th birthday this month, we also celebrate safer and healthier workplaces. Workplace fatality, injury, and illness rates are down more than 65 percent since 1970, thanks in large part to OSHA's efforts.
Despite this progress, workers still face many dangers. Every year more than 4,000 workers die on the job and more than 4 million suffer work-related injuries and illnesses. OSHA must stay vigilant and keep up with ever-changing occupational hazards.
Please join the Center for American Progress for a conversation about the agency's past and future. David Michaels, assistant secretary of labor for OSHA, will talk with workers about changes they have seen on the ground. He will also talk with experts from labor and business about OSHA’s latest policies and actions.
April 21, 2011, 10:00am – 11:30am
Space is extremely limited. RSVP required.
Seating is on a first-come, first-served basis and not guaranteed.
Coffee will be served at 9:30 a.m.
Center for American Progress
1333 H St. NW, 10th Floor
Washington, DC 20005
Map & Directions
Nearest Metro: Blue/Orange Line to McPherson Square or Red Line to Metro Center
For more information, call 202-682-1611.