Occupational Safety & Health Reporter: Current Reports Index-Summary

FACOSH

See FEDERAL ADVISORY COUNCIL ON OCCUPATIONAL SAFETY AND HEALTH (FACOSH)

FALLING OBJECTS

– General duty clause, accident itself evidence of hazard, proof of violation (Ind. Ct. App.), 599
– Pallet as cause of warehouse worker's back injury, summary judgment under Jones Act denied (W.D. Wash.), 601
– Retail store faces fines following fatality at Neb. facility, 616

FALLS AND FALL PROTECTION

– ANSI approves 3 new standards, 634
– Arbitration, order to reinstate worker fired for not using protective gear upheld (7th Cir.), 268
– Body harness anchorage inadequate, Ontario fines construction firms, 369
– Cocoa plant fatality, fall into chocolate vat under investigation at N.J. facility, 597
– Concrete contractor settles violations at N.J. job site with $750,000 fine, 156
– Construction industry

– – Hispanic workers, fatalities more likely than among white, non-Hispanics, study finds, 685
– – Residential construction

See Residential construction, this heading

– – Training of new workers should be hands-on, researcher tells conference, 157
– – Vehicles, rules do not apply, OSHA interpretation, 703

– Drilling rigs, contractor owed employee duty of care, summary judgment denied (D. Mont.), 68
– Hiring of subcontractor negligent, general contractor's motion to dismiss claims denied (N.D. Okla.), 33
– HVAC worker injured on reservation, may seek relief under N.Y. law (N.Y. App. Div.), 600
– Job safety outlook, 2009, SplRpt (1/22/09) S–25
– Landscaping products manufacturers face fines for alleged violations at Ala. plants, 730
– Lockout/tagout violations alleged in industrial dryer fatality, House Democrats, unions criticize Cintas settlement, 5; settlement draws congressional criticism over timeliness, 43
– Masonry firm faces fine for violations at N.Y. site, 688
– Millwright injured, Hanford Site contractor accused of failure to comply with fall protection standard, 684
– Multiemployer worksites, general contractor may be cited for subcontractors' hazards (8th Cir.), 179; defendant seeks rehearing en banc, 288
– Ontario announces inspection blitz, 906
– Oregon official cites as emphasis area in 2008, 222
– Personal protective equipment, employers must pay for body belts, positioning straps for pole, tower climbers, OSHA interpretation, 707
– Plaster contractor faces fines for violations at Tex. site, 98
– Railroads, FELA does not prohibit addition of OSHA standards as evidence (Pa. Super. Ct.), 690
– Refrigeration equipment service company faces fine following fatality at Neb. site, 790
– Rescue plans, employers should develop, conference told, 475
– Residential construction

– – Interim guidelines, OSHA may consider partial repeal, Branch tells ACCSH work group, 303; Fairfax says Barab received briefing, 320; OSHA working to rescind, Barab tells advisory committee, 662
– – T&C Construction faces fines for lack of safety program, 924

– Retirement home construction, firms face fines after workers injured at Ontario site, 199
– Roofs

See ROOFS AND ROOFING

– Safety harnesses, New York City campaign encourages use at construction sites, 133
– Scaffolds

See SCAFFOLDS

– Steel erection, OSHA plans to rescind compliance directive, Barab tells advisory committee, 700; OSHA revises enforcement policies, 856
– Stucco firm faces fines for violations at Tenn. site, 284
– Truck driver fails to prove delivery point owed duty of care (E.D. La.), 533
– Waste recycler faces fine for violations at Fla. facility, 814

FARMS AND FARMING

See generally AGRICULTURE
– Pesticides

See PESTICIDES

FATALITIES

See also specific activities and industries
– Job safety outlook, 2009, SplRpt (1/22/09) S–28
– Reporting, home remodeling store employee found injured in parking lot, citation against employer for failing to report fatality within 8 hours dismissed (RevComm), 841
– Statistics

See STATISTICS

– Wyoming seeks help from NIOSH to reduce workplace deaths, 366

FATIGUE

– Airline pilots

See LEGISLATION, FEDERAL, HR 3371

– Management, Steelworkers leaves talks with petroleum industry on ANSI standards, 680

FEDERAL ADVISORY COUNCIL ON OCCUPATIONAL SAFETY AND HEALTH (FACOSH)

– Agencies meeting, exceeding worker safety targets, official says, 546
– Charter extension, In Brief, 840
– H1N1 virus

– – OSHA requests improvements in federal worker protections, 545; OSHA will consider making guidelines mandatory, Barab says, 782
– – Preparedness planning, meeting scheduled, In Brief, 733

– Meeting scheduled, tentative agenda set, 475; H1N1 virus outreach on agenda, In Brief, 527
– Recordkeeping rule change allows OSHA to collect federal agency injury, illness data on regular basis, analyst says, 547

FEDERAL AGENCIES

See also specific agencies and departments
– Defense-related agency compliance with environmental, worker safety laws

See LEGISLATION, FEDERAL, HR 672

– Executive board coordination activities

See LEGISLATION, FEDERAL, S 806

– Influenza pandemic preparedness, GAO urges Homeland Security Dep't to monitor progress, 495
– Inspection program, OSHA FY2009 program to target most hazardous sites, 516
– Performance ratings, OMB plans to replace Bush-era tool to measure program performance, 410; OMB to revise tool to focus more on results, official tells congressional panel, 836
– Smoking, GSA bulletin prohibits cigarette smoking in federally owned or leased buildings, 10
– Telecommuting policies

See LEGISLATION, FEDERAL, S 707

FEDERAL EMPLOYEES

– Agencies meeting, exceeding worker safety targets, official tells FACOSH, 546
– Firefighters, presumption of job-related illness

See LEGISLATION, FEDERAL, S 599

– H1N1 virus, OSHA asks FACOSH to improve protections, 545; OSHA will consider making guidelines mandatory, Barab says, 782
– Medical examinations, all at-risk OSHA employees covered under new program, 808
– Smoking, GSA bulletin prohibits cigarette smoking in federally owned or leased buildings, 10
– Text messaging prohibition while driving on official business, Obama issues executive order, 856
– Whistleblower law does not protect prohibited disclosures, 572

FEDERAL EMPLOYERS' LIABILITY ACT (FELA)

– Railroad industry litigation

See generally RAILROADS

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION (FMCSA)

– Administrator, outgoing chief Hill anticipates drug clearinghouse standard to prevent job-hopping by drivers, 44; Obama selects Ferro as replacement, 476; Obama nominates Ferro, 618; nominee criticized for being closely tied to industry at hearing, 837

FINANCIAL SERVICES INDUSTRY

– Nanotechnology, risk disclosure requirements needed, advocacy group says, 495
– Whistleblowing

– – Award recalculated for retaliation against whistleblower, 226
– – Legality of coworker's sales activities questioned, OSHA fines company for violating whistleblower laws, 265

FIRE PROTECTION AND PREVENTION

– BP Prods. N. Am. Texas City refinery explosion and fire

– – Plea agreement accepted (S.D. Tex.), 225
– – Safety improvements still needed 5 years later, OSHA says, 830

– Delek US Holdings faces fine for violations at Tex. plant, 452
– Demolition contractors face criminal charges for role in Deutsche Bank building fatalities (N.Y. Super. Ct.), 13
– Electrical contractor faces fine for violations leading to arc flash at Conn. site, 761
– Firearms maker faces fine for multiple alleged violations at N.H. plant, 499
– Hydroelectric plant fire, indictment charges 2 individuals, 3 companies in 5 deaths (D. Colo.), 765
– Laboratory fire kills one, Cal. university faces fines, 369
– Poultry processing, penalty upheld in fatality involving employee trapped by pallets in freezer, killed by fire started by cutting torch at Miss. plant (5th Cir.), 885
– Refinery fire in hydrogen fluoride alkylation unit, CSB dispatches investigation team to Tex. facility, 611
– Shipyard guidance, In Brief, 432
– Steam plant faces fines for alleged violations at N.H. facility, 615
– Sugar industry

– – Combustible dust, company faces fine for violations at Fla. plant, 218
– – Imperial Sugar explosion and fire

– – – Appeal of $8.8M fine, Review Comm'n sets hearing date, 281
– – – CSB report says incident preventable, company accepts recommendations, 833; CSB releases safety video on explosion, 872

– Tortilla maker faces fines for violations at Ga. facility, 877
– Warehousing company faces fines for alleged safety violations at N.J. facility, 13

FIREARMS

– Drill presses, N.H. maker faces fine for alleged violations, 499
– Lead, Mass. maker faces fine for alleged violations, 66
– Storage in locked vehicles on company property

– – General duty clause does not preempt Okla. state law, Stohler says, 68
– – Violence not recognized hazard, Okla. law upheld (10th Cir.), 162

FIREFIGHTERS

– Beards worn for religious reasons, no-beard policy violates Religious Freedom Restoration Act (D.C. Cir.), 202
– Boot weight, NIOSH safety study, In Brief, 11
– Deutsche Bank building fire, contractors face criminal charges for role in fatalities (N.Y. Super. Ct.), 13
– Job-related illnesses

– – Cancers, Or. bill, In Brief, 140; govern signs bill, 241
– – Federal firefighters, presumption

See LEGISLATION, FEDERAL, S 599

– Whistleblowing, retaliation claims under First Amendment may proceed (N.D.N.Y.), 888

FISHING INDUSTRY

– Safety equipment standards

See LEGISLATION, FEDERAL, HR 2652

– Speed limits and safety zones, MACOSH meeting scheduled, In Brief, 370

FLAME RETARDANTS

– Phosphate esters, ATSDR developing toxicological profile, 639

FLAMMABLE MATERIALS

– Combustible dust

– – Automotive systems firm faces fine for violations at Ga. plant, 218
– – Dog food maker faces fines for violations at Ill. plant, 878
– – Globally Harmonized System of Classification and Labeling of Chemicals inclusion, U.S. delegation proposes OSHA role, 301; OSHA leads work group to survey member countries on existing regulations, 612
– – Hazard communication

– – – Guidance, OSHA publishes document, 661
– – – MSDSs flawed, studies find, Special Report, 50

– – Job safety outlook, 2009, SplRpt (1/22/09) S–5
– – National emphasis program, Region 4 issues 667 citations in inspection sweep, 548
– – Nonferrous founders' society forms task group to participate in OSHA rulemaking, 498
– – OSHA regulation

– – – Advance notice of rulemaking, Solis announces initiation, 339; OSHA publishes notice, 898
– – – Regulatory agenda, publication of semiannual list, 388
– – – Worker protection act

See LEGISLATION, FEDERAL, HR 849

– – Sawmill faces fines for violations at Ala. facility, 219
– – Sugar industry

See Sugar industry, this heading

– Conveyor belts, MSHA publishes belt air flammability rule with extended implementation period, 8
– Laboratory fire kills one, Cal. university faces fines, 369
– Nanoparticles, Canadian organizations issue risk management guide, 121
– Solid waste collection company faces fines for new and recurring violations at N.Y. site, 762
– Sugar industry

– – Fla. company faces fine for safety violations, 218
– – Imperial Sugar explosion and fire

– Train seat maker faces fine for improper handling at N.Y. plant, 641

FLIGHT ATTENDANTS

– H1N1 virus, association petitions FAA for protections, 363

FLORIDA

– Combustible dust, OSHA issues citations as part of national emphasis program, 548
– Cranes, federal OSH Act preempts county ordinance (S.D. Fla.), 83; appeal (11th Cir.), In Brief, 178
– Energy Employees Occupational Illness Compensation Program payouts, In Brief, 122
– Falls, roofing company faces fine following fatality, 219
– Gulf Coast Latin Chamber of Commerce, SafetyFlorida Consultation Program, OSHA alliance, In Brief, 99
– Juice plant anhydrous ammonia leak due to employee action, maker wins summary judgment (M.D. Fla.), 34
– Laboratory explosion and fire

– – OSHA revising process safety management rule in response to accident, 807
– – Reactor cooling system inadequacies likely cause, CSB reports, 781

– McFatter Technical Center, OSHA alliance, In Brief, 453
– Public employees, bills require OSHA coverage, 195; House committee approves bill, 262
– Sugar company faces fine for combustible dust, fire hazard violations, 218
– Violence in the workplace, health care providers and professional associations alliance with OSHA, In Brief, 200
– Waste recycler faces fine for safety violations, 814

FMCSA

See FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION (FMCSA)

FOOD AND FOOD PRODUCTS

– Caramel coloring maker settles CAA violations following fatal explosion (W.D. Ky.), 740
– Cocoa plant fatality, fall into chocolate vat under investigation at N.J. plant, 597
– Diacetyl

See DIACETYL (431-03-8)

– Dog food maker faces fines for combustible dust violations at Ill. plant, 878
– Explosion at N.C. plant

– – Contractor negligence blamed in suit (N.C. Super. Ct.), 507
– – CSB dispatches team to investigate fatal blast, 467; CSB examining role of gas-fired water heater in blast, 522; CSB rejects investigation recommendations, will consider revised safety bulletin, 780

– Juice plant anhydrous ammonia leak due to employee action, maker wins summary judgment (M.D. Fla.), 34
– Seafood processor compliant with Jones Act, OSHA standards in eye injury case (W.D. Wash.), 47
– Sugar industry

See SUGAR INDUSTRY

– Tortilla maker faces fines for violations at Ga. facility, 877

FOOTWEAR

– Firefighter boot weight, NIOSH safety study, In Brief, 11
– Static electricity protection, employer required to provide, OSHA interpretation, 708

FORKLIFT TRUCKS

– Inspections, Ontario plans safety blitz, 99

FORMALDEHYDE (50-00-0)

– Embalming fluid maker faces fines for safety violations at Mass. plant, 905
– Risk assessment, high-intensity exposures linked to increased cancer risk, study finds, 425

FOUNDRIES

– Combustible dust, nonferrous founders' society forms task group to participate in OSHA rulemaking, 498
– Environmental pollution and unsafe workplace alleged, former managers of N.J. pipe plant sentenced to prison (D. N.J.), 329; company to pay $8M fine, 351
– Lead hazards, N.H. company faces fines following inspection, 925

FRANCE

– Asbestos, government plans to change exposure rules based on new data, recommendations, 177

FRAUD AND MISREPRESENTATION

– Asbestos

– – Removal operations, owner of Cal. training company indicted on charges of false teaching claims (N.D. Cal.), 927
– – Work practice standards, new trial for violations, false statements granted (9th Cir.), 247; government's evidence inadmissible (S.D. Cal.), 769; second status conference scheduled, 798; dismissal of charges, 887

– Environmental pollution and unsafe workplace alleged, former managers of N.J. foundry sentenced to prison (D. N.J.), 329; company to pay $8M fine, 351
– Pesticides, Nicaraguan farm workers' exposure claims dismissed due to evidence of fraud (Cal. Super. Ct.), 349; contempt hearing date set for attorney, 622
– Safety consultant pleads guilty to misrepresenting employee credentials (S.D.N.Y.), 17; second consultant pleads guilty, 155; president pleads guilty, 505; second defendant sentenced to prison, 779
– Trainers

– – Asbestos removal, owner of Cal. training company indicted on charges of false teaching claims (N.D. Cal.), 927
– – Investigations

– – – OSHA conducting ongoing investigations, 657
– – – Procedures, OSHA develops, 421

– – Outreach training authorization revoked for Las Vegas construction company environmental health and safety director, 683
– – Watch list, OSHA publishes on internet, 657

– TVA contractor settles charges of false safety reports with $6.2M, 76

FUMES

– Trash disposal facility, noxious fume release sickens 120, OSHA investigates, 665
– Waste burning improper, veterans claim contractors' actions harmed soldiers in Iraq, Afghanistan (N.D. Okla.), 647
– Welding rod fumes and manganese exposure, workers file failure to warn suits (E.D. Tex.), 17