Occupational Safety & Health Reporter: Current Reports Index-Summary

OCCUPATIONAL SAFETY AND HEALTH ACT (OSH ACT)

– Job safety outlook, 2009, SplRpt (1/22/09) S–5
– Reform

– – Congressional worker safety hearings scheduled, seen as prelude to reform bill, 322
– – Protecting America's Workers Act, Woolsey (D-Cal) plans to introduce bill with focus on meaningful penalties, 93; House panel hopes to make felony charges available for OSH Act violations, democrats may soon introduce bill, 172; further action, see LEGISLATION, FEDERAL, HR 2067, S 1580
– – Safety groups, unions call on Kennedy (D-Mass) to reintroduce bill, 28
– – Victim's family rights, advocates urge allowance of participation in accident investigations at Senate hearing, 342

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA)

– Appropriations, FY2009

See LEGISLATION, FEDERAL, HR 1105

– Assistant secretary

– – Arabzedah, lawmakers urge nomination, 214
– – Barab appointed acting assistant secretary, deputy assistant secretary, 277; Barab takes office, observers ponder future role, 302; House panel seeks replacement as policy adviser, 391
– – Michaels emerges as front runner, 403; Obama announces intention to nominate, 631; Barab hopes for confirmation by early fall, 662; analysts say Michaels has potential to generate reform, activism, 678; Snare says Michaels not likely to make significant changes to agency leadership, 751; science group supports nomination, 831; Chamber of Commerce opposes, safety groups support nomination, 852; Michaels discusses key issues with Isakson (R-Ga), Shapiro supports nomination on blog, 870; panel vote postponed after answers to queries submitted late, 897; committee yet to reschedule vote, 917
– – Safety group urges Solis to appoint Howard, 7
– – Seminario disqualified due to lobbying on behalf of AFL-CIO, 257
– – Shalhoub becomes interim head, In Brief, 82
– – Solis tells conference nomination near, 543

– Budget, FY2010, administration proposal promises funding increase, 171; administration proposal includes $563.6M request, calls for hiring of 130 new inspectors, 381; Solis promotes budget, enforcement policies before House, Senate appropriators, 382; further action, see LEGISLATION, FEDERAL, HR 3293
– Chief of staff, Berkowitz appointed, 726
– Constitutionality, OIRA head nominee says issue ripe for challenge in article, 62
– Construction Directorate, director may be named by early Sept., Barab tells advisory committee, 662
– Deputy assistant secretary, Barab appointed to simultaneously serve as acting assistant secretary, 277; House panel seeks replacement as policy adviser, 391
– Economic stimulus package, industrial hygienists urge Solis to appropriate funds for worker safety, 218
– Focus shift towards developing structure of strategies on worker safety and health discussed by Barab at meeting, 830
– Former acting assistant secretary Snare joins law firm, In Brief, 223
– FY 2009 budget calls for hiring of at least 30 new inspectors, 279; correction to p. 279, 328
– Hiring, agency faces rare challenge in adding inspectors, standards personnel, 517
– House passes stimulus bill containing new appropriations, 75
– Last-minute rulemaking by Bush administration, Obama orders hold on pending regulations, 81
– Outlook, 2009, SplRpt (1/22/09) S–5
– Priorities for Obama administration, advocates outline concerns in NYCOSH publication, 154
– Regulatory agenda, publication of semiannual list, 388

OHIO

– Aircraft fuel exposure, pollution exclusion no bar to claim (Ohio Ct. App.), 529
– Asbestos

– – Medical criteria enacted in 2004 applies to cases pending when law became effective (Ohio Ct. App.), 47
– – State exposure claims, FELA or LBIA do not preempt filing requirements (U.S., rev den), 46
– – Take-home exposure cases against property owners barred (Ohio Ct. App.), 161

– Automotive parts stamping company faces fines for safety violations, 138
– Dairy faces fine for multiple violations, 839
– Diacetyl suppliers not liable to workers, flavoring plant sophisticated user (Ohio Ct. App.), 886
– Fuel terminal explosion injures worker, petrochemical company, others not negligent (Ohio Ct. C.P.), 412
– Indoor water park symptoms likely due to disinfection byproduct, poor ventilation, CDC reports, 118
– Lead, state owed no duty of care to bridge sandblaster (Ohio Ct. App.), 648
– Ohio Forestry Ass'n, OSHA alliance, In Brief, 266
– Refinery faces fines for process safety management violations, 857
– Workers' compensation, glass cutting mill retrofitted by employer, worker may proceed with intentional tort (S.D. Ohio), 621

OIL AND GAS

– Alliance program

– – Ark La Tex Safe Transportation, Exploration, and Production Systems network joins OSHA to protect energy workers, 241
– – Drilling group partners with OSHA to protect contractors in Tex., neighboring states, 97
– – Safety engineers group joins OSHA to protect La. petrochemical workers, 65

– Fall from drilling rig, contractor owed employee duty of care, summary judgment denied (D. Mont.), 68
– Fatigue management, union leaves talks on ANSI standards, 680
– Offshore operations

– – Platform worker's borrowed worker status under LHWCA conveys tort immunity to energy company (5th Cir.), 84
– – Safety and environmental management system, MMS proposes rules to reduce accidents, injuries, oil spills, 502

– Process safety management

– – 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 following fatal fire and explosion, 452
– – National emphasis program for refineries

– – – ConocoPhillips faces fine for violations at Pa. plant, 29
– – – Hess faces fine for violations at N.J. plant, 407
– – – OSHA warns against repeated safety problems, 515
– – – Sunoco faces fine for violations at Pa. plant, 596
– – – Sunoco (R&M) faces fines for violations at Ohio plant, 857
– – – Valero Energy faces fine for violations at Del. plant, 573

– – Performance indicators, union leaves talks on ANSI standards, 680
– – Suncor faces fines for violations at Colo. plant, 195
– – Texas sues BP Prods. for alleged violations (Tex. Dist. Ct.), 480

– Storage tank roof collapse killed 2 foreign workers, Alberta files charges against employers at oil sands project, 327

OKLAHOMA

– Cave-in protection lacking during water pipe repair, plumbing firm faces fines, 408
– Demolition of refractory kiln, companies cited after fatal accident, 265
– Firearm storage in locked vehicles on company property

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

– Plating company faces fines for failure to monitor hexavalent chromium, 789
– Refineries

– – Electrical hazards, company faces fine for alleged violations, 687
– – Flare line repair temporary, willful violation upheld (10th Cir.), 735

– Tort reform, governor signs bill establishing asbestos, silica claims priorities, 474

OMB

See MANAGEMENT AND BUDGET OFFICE (OMB)

OREGON

– Ergonomics, construction coalition demonstrations solutions at workshop, 221
– Firefighter job-related cancer bill, In Brief, 140; governor signs bill, 241
– Inspections

– – Emphasis areas, official discusses at conference, 222
– – Workplace visits continue despite closure of most state agencies, Wood says, 904

– Medical marijuana, safety advocates support bills restricting use on job, 264
– Norovirus, CDC study finds 94 percent of infected employees continued to work during nursing home outbreak, 571
– Overexertion most common industrial accident, report on disabling claims says, 10
– Voluntary protection program, state teams may visit site even while enforcement action under way, Hurliman tells conference, 757
– Workers' compensation, filing of disabling claims at record low in 2008, report says, 790

ORGANIZATION FOR ECONOMIC COOPERATION AND DEVELOPMENT (OECD)

– Chemical test methods, council adopts new, revised guidelines, 811
– Nanotechnology

– – Directorate publishes 3 reports on nanomaterial exposure, mitigation, and workplace safety, 755
– – Traditional methods can be used to assess risks, speakers tell workshop, 812

OZONE-DEPLETING SUBSTANCES

– Alternatives, EPA adds 7 substances, 838