Occupational Safety & Health Reporter: Current Reports Index-Summary

DAIRIES

– Ammonia refrigeration systems, Colo. plant faces fines for alleged violations, 708
– Process safety management, Kan. facility faces fine for deficient program, 858
– Superior Dairy faces fines for multiple violations at Ohio plant, 839
– Whey processing, inspection finds various violations at Wis. plant, 525

DAMAGES AND DAMAGE SUITS

– Boilers

– – Non-boiler-related exposure evidence improperly excluded, $1M verdict reversed (Ill.), 352
– – Tender exposed to asbestos on Naval destroyers accepts $3.2M settlement (Cal. Super. Ct.), 182

– Brake linings containing asbestos

– – Expert reliability to support $2M award to mechanic reaffirmed (Del. Super. Ct.), 330; award affirmed (Del.), 770
– – Subcontractor's employee strict liability claim against maker denied, negligence claim may proceed (Wis. App. Ct.), 393

– Fuel terminal explosion injures worker, petrochemical company, others not negligent (Ohio Ct. C.P.), 412
– Joint compound containing asbestos, $4.6M award rejected due to difficult apportionment (Cal. Ct. App.), 331
– Machinist in Navy exposed to asbestos in engine rooms, wife due $2.9M damages (Cal. Super. Ct.), 412
– Naval Equipment Manufacturers to pay $14M for asbestos exposure to 3 veterans in reverse-bifurcated trial (Pa. Ct. Common Pleas), 353
– Paper mill workers exposed to dryer felts, awards upheld (N.J. Super. Ct. App. Div.), 736
– Prejudgment interest, double recovery rejection upheld in asbestos case (Cal. Ct. App.), 311
– Pretrial settlements limit recovery to $40,000 in case of family awarded $2.35M for asbestos exposure (Cal. Super. Ct.), 887
– Seaman exposure to asbestos, widow's evidence insufficient, $8M award excessive, new trial ordered (N.D. Ohio), 292
– Ship captain's bladder cancer link to on-the-job chemical, diesel exhaust exposure not shown (5th Cir.), 372

DANCERS

– Cruise ship employee injured before sailing not seaman under Jones Act (5th Cir.), 796

DBCP (96-12-8)

– Banana farm workers may split cases to avoid class jurisdiction (C.D. Cal.), 246
– Nicaraguan farm workers' exposure claims dismissed due to evidence of fraud (Cal. Super. Ct.), 349; contempt hearing date set for attorney, 622
– West African fruit workers may maintain separate suits to avoid class jurisdiction (9th Cir.), 293; (U.S., rev den), 886

DELAWARE

– Asbestos

– – Expert reliability to support $2M award to brake mechanic reaffirmed (Del. Super. Ct.), 330; award affirmed (Del.), 770
– – Take-home toxics, family members owed no duty of care (Del.), 203

– National Assn. of Women in Construction, OSHA alliance, In Brief, 411
– Refineries, OSHA fines Valero Energy for violations, 573

DELIVERY SERVICES

– Whistleblowers, UPS to pay fine, rehire driver allegedly fired for raising safety concerns about truck, driving conditions, 306

DEMOLITION

– Asbestos, Tenn. contractor pleads guilty to handling, notice violations (E.D. Tenn.), 861
– Deutsche Bank building fire, contractors face criminal charges for role in fatalities (N.Y. Super. Ct.), 13
– Fire escape equivalent to scaffold (N.Y. App. Div.), 533
– Home renovation and repair, EPA to revise lead paint rules, 923
– Lead paint, contractor willfully violated standards (Wash. Ct. App.), 184
– Oversight, New York City legislative package aims to improve safety, 385; mayor signs package, 761
– Refractory kiln accident fatal, companies cited for violations at Okla. site, 265

DERMAL HAZARDS

– Risk assessment, NIOSH develops new notations approach for chemicals, 612

DERRICKS

– Inspectors, union says qualification should not require certification, 544
– Negotiated rulemaking

– – Operator certification requirements

See Operator certification requirements, this heading

– – Public hearing set for March, 77; voluntary national consensus standards should have been considered, engineer says at hearing, 237; New York City commissioner says proposal would preempt local rules, increasing risk to worker, public safety at hearing, 259; final rule expected by next year, Barab says, 609; finalizing rule top OSHA priority, Parsons tells advisory committee, 662

– N.C. adopts stricter construction standards, 756
– Operator certification requirements

– – Negotiated rulemaking, SBA seeks alternatives, 63
– – Practical examination required, requalification not, OSHA interpretation, 77

DIACETYL (431-03-8)

– Cal. proposes exposure regulation, 855
– Criteria document, NIOSH begins work, 615
– Flavoring plant sophisticated user, suppliers not liable to workers (Ohio Ct. App.), 886
– Insurance, no coverage owed under policies issued after initial diagnoses (N.J. Super. Ct. App. Div.), 18
– Proposed rulemaking, OSHA publishes advance notice, 59; Obama orders hold on pending regulation, 81; OSHA withdraws advance notice, 213
– Regulatory agenda, OSHA publishes semiannual list, 388
– Regulatory review, OSHA convenes small business review panel, 340; OSHA sends draft proposal to small business representatives, 367; most panel participants urge use of traditional permissible exposure limit, 424; OSHA to issue panel report within next few months, Maddux tells conference, 547; panel recommendations include exemption for naturally occurring diacetyl, 565

DIESEL EXHAUST

– Particulate filters may increase NO2 concentrations in underground mines, In Brief, 99
– Ship captain's bladder cancer link to on-the-job exposure not shown (5th Cir.), 372

DIETHYL SULFATE (64-67-5)

– Canada, draft order designates as toxic substance, 879

DIMETHYL SULFATE (77-78-1)

– Canada, draft order designates as toxic substance, 879

DISABILITY BENEFITS

– Overexertion most common industrial accident, Or. report says, 10

DISCHARGE, EMPLOYEE

– Fall protection, arbitration order to reinstate worker fired for not using protective gear upheld (7th Cir.), 268
– Retaliatory discharge

See RETALIATION

– Whistleblower protection

See generally WHISTLEBLOWERS

DISTRICT OF COLUMBIA

– Beards worn for religious reasons, fire department no-beard policy violates Religious Freedom Restoration Act (D.C. Cir.), 202
– Passenger rail systems, lack of oversight could have played role in crash, Hall says, 521; NTSB urges enhanced safety redundancy, 591
– Smithsonian Institution asbestos exposures

– – Officer resigns, In Brief, 306
– – Threat under control, Clough tells Congress, 282
– – Whistleblowers, museum worker files complaint alleging knowing exposure, 220; museum admits knowledge of asbestos, denies retaliation against whistleblower, 241

– Workers' compensation, nerve block injections leading to injuries did not arise from hospital doctor's employment (D.C.), 819

DOI

See INTERIOR DEPARTMENT (DOI)

DOT

See TRANSPORTATION DEPARTMENT (DOT)

DREDGING AND FILLING

– Headfirst dive in shallow water unsafe, construction ladder requirement not applicable (5th Cir.), 817

DRINKING WATER

– Car washes, criminal charges filed alleging Cal. labor violations (Cal. Super. Ct.), 135
– Facility security

See LEGISLATION, FEDERAL, HR 3258

DRIVERS

– Distractions, safety engineers call for more attention to risks other than texting, 809
– Drug and alcohol test results, outgoing FMSCA chief anticipates clearinghouse to prevent job-hopping, 44
– Falls, delivery point owed no duty of care (E.D. La.), 533
– Hours of service

See HOURS OF WORK

– Licensing, Oberstar (D-Minn) reauthorization bill includes tougher requirements, 520
– Medical screenings, FMCSA rulemaking proposal expected by fall, 427
– Performance and Registration Information Systems Management program, GAO says potential promising, effect on driver safety difficult to measure, 407
– Sleep apnea diagnosis rate high, study finds, federal testing inadequate, 428
– Text messaging while driving, federal employees on official business prohibited under executive order, 856
– Whistleblowers

– – Delivery service to pay penalty, rehire driver allegedly fired for raising concerns about truck, driving conditions, 306
– – Refusal to drive truck with allegedly faulty brakes, STAA amendment does not apply retroactively (8th Cir.), 12

– Workers' compensation, time-loss benefits continue for fired, injured worker (Wash. Ct. App.), 667

DROWNINGS

– Gold exploration firm faces fine for violation at Ontario site, 643

DRUGS AND PHARMACEUTICALS

– Bacillus Calmette-Guerin, health care professionals recommend NIOSH maintain on Hazardous Drug List, 589
– Bromine spill, N.C. workers' compensation bars claim absent knowing dangerous misconduct (N.C. Ct. App.), 506
– Hazardous drugs, NIOSH seeks comments on temporary reassignment of pregnant workers, 784
– Substance abuse

See generally SUBSTANCE ABUSE

DUST

– Combustible dust

See FLAMMABLE MATERIALS

– World Trade Center, 9/11 attacks

See generally WORLD TRADE CENTER