Tobacco Documents Online

0 j . O' JANUARY 21,1994 vOL.1o, rto.: lnsideThis Issue %~ • A "non-reusable sy- " ringe iaw went into effect this month for everyone in Massachussetts: hospitais,, heaith care workers and'medicat clinics. Page 15. • The Environmentat Pro- tection Agency is consider- ing requiring manufactur- ers and processors of chemicals totell the federal government how they use them. Page 16. • SPECIAL REPORT: Washington state has show- cased cased a proposal that would set regulations and guidelines for sicic-build- Ing syndrome, airborne materials, and use of heat- ing and air conditioning sys- tems. Page 18. ,; • SPECIAL REPORT: Former OSHA administra- tor Eule Bingham and other workplace health advocates blasted government tnac- tion on silicosis during a Washington, D.C., confer- ence this month. Page 20. • 'Oood ergonomics isgood economics' was chanted by union demonstrators in Los Angeles as the state's De- partment of Industrial Rela- tions held the first of two hearings on the proposed cumulative trauma disor- der standard. Page 22. ry FOR MORE tNFORrIIATION ABOUT ARTICLES IN THIS ISSUE CALL: (202) 9s2-1400 Enfoccement .• Hearing Loss Is Workplace Epidemic Long Ignored, Safety Advocates Say More action by OSHA, Congress could save hearing of thousands Safety experts are urging OSHA to turn its attention to the problems of noise-induced hearing loss, one of the largest silent epidem- ics in the workplace. 'We are totally frustrated about the system- atic neglect of this problem' George Wash- ington University professor James Weeks told participants during a workplace safety confer- ence round-up held on Capitol Hill this month. The tour-day conference,'Silent Epidemics in the Workplace' was sponsored by the Ramazzini Institute for Occupational and En- vironmental Health Research and the National Institute for Occupational Safety and Health. Ninety decibels is the maximum allowable noise exposure, and the vast majority of work- Indoor Air Power Over Indoor Air May Shift From EPA To OSHA, Industry Says Draft of nationat indoor air policy due to Dear Feb. 15 OSHA's decision to put indoor air policy on a fast track may mean a shift of federal power from the Environmental Protection Agency to OSHA, an industry official said. Paul Cammer, president of the Business Council on IndoorAir in Washington, D.C., told Occupational Health & Safety News OSHA's decision to fast-track an indoor air regulation means the agency could wrest the perceived lead role away from EPA. At congressional hearings over the last few months, experts said attention on EPA's in- door air research has given that~ agency the lead rote. But Cammer said that it OSHA moves on the issue, it might appear that OSHA is doing more ers in industrial' jobs are exposed to levels of 90 dB(A) or higher, according to researchers at the conference.. There is a general lack of understanding In society about the handicap of hearing loss. OSHA consultant Alice Suter asserted. Noise-induced hearing loss, commonly re- ferred to as NIHL, traditionally has been nu- merically underestimated, she said. Hearing loss itsee has been undervalued because it occurs with aging anyway and people perceive it as a sign of weakness. Suter explained. Whereas blindness leads to separationfrom things, she said, hearing loss leads to isolation from people. Many deny hearing loss to others and themseWes, she continued. Hearing loss is underreported in the work• ptace, and rehabilitation of its victims is ~ underfunded, NIOSH's John Franks said. The Centers for Disease Control and 14 P, IV ~ ~ 0 to than EPA. Therefore, Cammer said, politicians might use that to justify more OSHA funding. 'If you are an agency and there is some question of who has the authority... the agency with the money is going to step to the plats; he said. The first draft of a national indoor air policy Is due on OSHA administrator Joe Dear's desk by Feb. 15. OSHA indoor air projectd manager Debra Janes told OHSN that her staff will be burning the midnight oil to meet the deadline. While she would not reveal specifics, she said "there will be a lot of very interesting things; if you know the Washington state stan- dard, that's a hint.' The draft will be more elaborate than the Washington state proposal (see special report inthis issue), Janes said. That proposed rule was showcased throughout the state at public hearings last December. 14• 13

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Workers' compensation in 31 states does not pay for heating aids and reha- bliitation as a matter of routine, and the annual cost to a NIHL victim Is about SB65, he said. NtHL Is worst In the constniction industry,. aocanding to Scott Schneider of the Center to Protect Worker's Rights. 'IYs an appropriate tiopic for a conference on silent epidemics. Many workers are affected, but it remains a back-burner Issue' he sakl. Although there are approximately 6 million 6onstniction workers nationwide, only 47 cita- tbns Involving the rwise standardwere Issued in 1993, he said'. OSHA's noise standard' states that inspec- tors may issue citations when engineering controls are technically and economi¢atly fea- sible, and when noise exposures exceed 100 dB(A) for a certain period of time.. Panefists catlediorawithdrawalof the OSHA standard. 'in fact, I'm surprised no one has sued OSHA over this before, Suter said. Panelists also called for. • Permissible exposure limits lowered to 65 dB(A). • Re-emphasis on engineering noise con- trol by OSHA, NIOSH and other researchers. • Requiring noise control plans and pro- gram evaluation. . Warning signs in high-noise areas. .Improved hearing protectors and double protection in impufse noise environmenes. such as weapons manufacturing. • Re-establishment of the Environmental Protection Agency's Office of Noise Abate- ment, which was disbanded by Congress and then President Reagan In 1982 Schneider recommended that in the con- stniction industry: workers be trained in hsar- ing conservation and the ef/ects of noise; hearing tests be offered' year/y; equipment be retrofitted to reduce noise (and Congress kg- istate tax incentives for ihis); and a buy-quiet program be offered to oontraclors. Even the nation's health care system, as a part of its reform, should include coverage of hearing aids, more attention to pnevention and education on occupational noise. panelists said.. 'The central problem is not a lack of knowt- edge about noise, but a lack of motivation to do something about it,' Weeks said.'yhere's an epidemic ot silence amongst people who ought to be doing something about it' -ByCemerine pawfey Power Over Indoor Air May Shift To OSHA -4 13 Dear also told OHSN the proposal is a priority. 'We've given a clear signal that we Intend to act on It,' he said. When asked it hispn3vious position as direc- tor of Washington state's Department of Labor and Industries influenced the direction of the proposal,. Dear replied:'lfVe're consulting with all of the Interested parties.' Cammers is one group that has been con- sulted. Cammer said that M OSHA moves ahead, all forms of national indoor air legisla- tion would be unnecessary since {egistationis designed to push for regulations.'There is no benefd of having this legislation H OSHA Is going to move ahead and regutate; he said. Bob Axelrad. director of EPA's Ihdoor Air Division, said that d OSHA proceeds down the regulatory track, certainty considerable atten, tion will be directed at that process' But Axelrad said It would not represent a shift in power because no agency has a lead role. Furthermore, OSHA has the ultimate say because n is responsible for regulating the workplace, not EPA, he said. `?he basic reason why f PA has gotten a tot of attention is because we have been very active,' he said. EPA's indoor air program 'is the most active research program in federal govemment' An OSHA spokesman said he was unable to say whether or not more funding could come his agency's way. Axelrad said many groups share the lime- Gght. He said a key federal indoor air il»er- agency committee is co-chaired by OSHA, ttie National Institute for Occupational Safety and Health, the Consumer Product Safety Corn- mission and the Department of Energy. Mark Stuart, associate director of Risk Man- agement ior the National Association of Manu- facturers, said indoorairshould be handled on a regulatory playing field as opposed to a legislativeone becausethe lanercanbe heavdy influenced by politics and special intarest 9 S uart said'ilnere Is a dear procedure on promulgation, therefore it is more difficult b politicize a scientific issue' But Stuart is skepticatlhat OSHA would be in line for more funding: I don9 know; that's a good question." he said. 'The prevailing attr tude is that there is just not enough money now, even under good circumstances.' Oammer speculated that the first draft of the national policy may separate environmental tobacco smoke and include a carbon dioxide standard as a'surrogate to good air fkow' OSHA officials would not reveal specific proposal idetails. But Janes said the draft will ! 'lack information' and have 'incomptete sec- tions on purpose ' Public input and opinion will ` help OSHA fill lin the gaps, she said. Those gaps include 'economic impact' of the regulations and "risk assessment:' 14 OCCUPATIONAL HEALTH & SAFETY NEWS

. 'The questions that will be asked at public could be years away: At any point during the hearings will be very relevant because this will process, the regulations could be sent back for. ~ be rather wide in scope and regulation' she more work or rejected.. said. "What they do with what we give them will be Janes warned that an indoor air standard veryinteresting'shesaid. -ByDavidLim Indoor Air Proposat Begins Grueling Journey Optimism and enthusiasm over the first nationaf indoor air proposal may wane In the coming nronths or even years it may take for a plan to become law. OSHA Indoor Air ProjectManager Debra Janes said the proposat's first checkpoint (see main story) is OSHA administrator Joe Dear's desk. That deadline Is Feb. 15. But from that point on, the road to approval becomes grueRng; as a two-part process may provide plenty of obstacles. The process indudes the following steps: • Dear marks up proposal and sets agenda for public hearings. • Changes are made byJanes'staff and Dear checks off on proposat. • Proposal Is publicly showcased and OSHA records Input at public hearings. The second part of the process Is expected to begin nine months later In the first quarter of fiscal year 1,995. This part of the process inciudes the following steps: • f>ear sends the proposal to the secretar•i of labor for approval. • The labor secretary sends the proposed standard to the Office of Management and Budget • OMB either sends document back b OSHA for more changes or to the executive office for final approval. Janes said a particularly Important step wifi be the public hearing process. Much of the proposal will be left purposely inoomplete, she said. OSHA officials hope those gaps wiq be filled in by public comment Janes also warned that the road to approval may not be continuous. She said that at any point in the process, the document could be sent back to the drawing board or even rsjected. . - 8}rDavid Urn • Bloodborne Pathogens Safer Syringe Law On Hold In Massachusetts Because Locking Devices Still Unavailable Makers show little interest in devices designed to protect health workers A'non-reusable syringe' law went into et- fect this month foreveryone in Massachussetts: hospitals, health are workers and medical oGnics. The only problem is that non-reusable sy- ringes are not available. Automatic sheathing devices are available for needles, but non-reusable or 9ocking' sy- ringes are not available. As a result, a special' committee will be re-reviewing fhe economic and clinical feasibility of the non-reusable sy- ringes next nAonth. The locking syringeswould work by allowing health workers to use the syringes only once each. Once a needle is removed from the body, an extension of the syringe locks over © the length of the needle. According to state officials, two years ago commonweafthlawmakers tried to kill two birds with one stone by passing the law that would in theory protect health care workers from pos- sible exposure and make it hard for users of Illegal intravenous drugs to get used syringes. Now lawmakers are going to have to move the deadline up as industry patents on new syringes are followed through and products are put on the market State and industry officials said they have no Idea when the first locking syringe will be available. ABred DeMaria, director of communicable disease controt for the state, tokf Occupatiortal Health 6 Salefjr News the law was made with good intentions. 'The expectation was (that) once you created the need there would' be a market: he said. That has not happened - yet Officials at the Massachusetts Nursing As- sociation could not be reached for comment before our press time. Bill Borwegen, health and safety director for the Service Employees International Union, said he supports the law's aim of addressing more than one goal. •It's a great idea. I'm sure there is a technot- ogy that would allow you to do both,' he said. 'If you can make a syringe that you couldn't reuse ... 8 would serve two masters' BRIEFS MITIf LABORATORIES SEEKS NRTL STATUS Wyle Laboratories has applied for OSHA recognition of its HuntsviUe, Ala., facility as a na- tionally recognized testing labo- ratory„according to the agency. The laboratory is seeking ac- creditation from OSHA to perform testing and examinations of equip- ment and materials used for work- place safety purposes, and to de• temtine il these products meet appropriate test standards. OSHA will accept comments on the application until Maroh T. Gom- ments should be sent to NRTL Recognition Progrsm, Office of Variance Determination, OSHA, U.S. Department of tabor. 200 Constitution Ave. N.W., Room N3653, Washington, DC 20210. N.J. CONTRACTORS CREA FOR SCAFFOLD COLLAPSE Three contractors were dtad for alleged OSHA violations car- rying total proposed penalties of $50,400 after an accident that kitted'one worker and injuredtour others at a New Jerssy work sMe. Henderson Corp. of Rarttan, N.J., Cap-Con Inc. of Linden, N.f., and Deluccia Scaffold EreotionInc. of South Pfainfield, N.J., all were cited after a scaffold collapsedata work site in Bridgewater, N.J. OSHA alleged that the employers violated worker safety rules by al- towing employees to work on saf- fotds overloaded with bricks. ?he worker killed was an employee of Cap-Con, aocordi ng to the agency. WESTINGHOUSE APPOINTS TBE60 NEW HANFORD CNlEi The chief federal contractor on the Hanford nuciear resenration in Richland, Wash.,haschangedths Isadership at that sile.The oharpe followed an unflattering federal work evaluation based in part on the accidental death of an em- ployee in June. TomAnd'erson,whohasheaded Westinghouse Electric's Hanford site since 1991, is being repiaeed byWestinghouse Hanford Execu- tive Vice President LaMar Trego. Trego was second in charge at the operation. Among Tre9o's goals for the facility is cutting West- inghouse Hanford`s lost-time ac- cident rate in hatf. Anderson was transferredtothe Grm"s Pittsburgh headquarters. JANUARY 21',1994 15

BRAEFS ooL PUBLIC AFFAIRS OFfIClAL IS NAMED The Clintonadministration has selected the former political communications director for the Democratic Congressional Cam- paign Committee forthe position of deputy assistant secretary for public affairs at the Deparfinentt of Labor, DOL announced Jan. 13. Mary Meagher has served as a Labor Department spokeswoman for the past year.Prkx to joining DOL, she worked' for DCCC de- veloping campaignmessages and tnedia strategies for Democrats in 120 raoesfor seats Inthe Htxise of Representatives. Meagher re- oeived herbachelor's degree from Oueens College. City Universiry of New York. SAFETY A PART OF UAW STRIKE Members of the United Auto Workers union employed in Gen- eral Motors Corp.'s Shreveport, La., plant went on stn'ke Jan.11 over. among other things, safety and health standards at the plant A spoke sma n from the union's Local 2166 refused to comment on exacttywhat safety and health conditions are the subject of the strike. The Associated Press re- ported, however„that workers at the plant maintain the company's drive to boost produdivity there has placed too much work on too few employees. AUSKAN STORE EMPLOYEES [ACK PROTECTIVE EQUIPMENT Astore in Juneau,,Alaska, was cited for eightatlegedsafetyvio- laUons and a $7,500 proposed fine, state OSHA officials said. Management at the Fred Meyer store failed to guarantee the health of employees who sprayed insectiade, OSHA said. Employees were not given properhazardous materials train- ing and' were not provided face masks to protect themselves. Three employees have been diagnosed with occupationally In- duced asthma since tast summer when the violations took piaoe. The store also was cited for blocked fire exits, storing com- bustible materials In a furnace room, failing to maintain Its equip- ment and blocked electrical pan- ets, OSHA said. 16 But DeMaria said industry may not be inter- ested in making such a syringe. 'It isn't a priority in industry' he said': 'Medical society and other organizations are talking to the legislature about revising the law because of the problems implementing it' DeMaria added that industry thinks a more important concern is worker injuries from needle-sticks that might not be avoided with locking syringes. Nancy Ridley, director of the Division of Food and Drugs for the commonweatth, said her staff is reviewing whether locking syringes are worth pursuing. In November, a special advisory committee consisting of private and public officials re- Hazardous Materials viewed the syringes and the law: Although there are 300 patents for syringes, Ridley said, only one industry representative attended the meeting. If the group determines the sy- ringes are not worth pursuing, she said, the law could be scrapped. 'The law allows tor fluidity in regulations of not putting a burden on the health care system that could actually have negative dinical and economic outcome'she said. Cost estimates for the new syringe range from a low of five cents a unit to a high of 25 cents a unit, depending on volume. Ridley said standard I cubic centimeter insulin syringes cost about 5.6 cents per unit. - By navid Um EPA Considers Expanding Requirements For TRI; OSHA And NIOSH Signal Support List was developed for etwironmental concems Proposals to require companies to report their use of chemicals could resud In more trtfonnation on worker exposures. The Environmental Protection Agency Is considering requiring manufacturers and pro- cesscxs of dtienricals to telt the federal povem- ment how they use them. The agency presented three reporting mod- els for discussion at a recent public meeting attended by more than 50 interested parties representing a wide variety of groups and state and federal agencies. OSHA, NIOSH and union officials urged EPA to build on the Toxics Release Inventory, which requires facilities to report their chemi- cal releases to air, water and land Charlie Barrett of the Oil, Chemical and Atomic Workers Union said, 'You need to break R down on a facility basis to see what workers are exposed to• And Rick Niemeier, director of NIOSH's d'nri- siat of standards development, said that be- cause NIOSH will no longer do the National Occupational Exposure Survey, 'YYe need the kind of information that's put forth in the facility- based modet.' He said it is important to obtain site-speciric Information that also would have infonnation about workers' race and' gender. But industry representatives urged EPA to go slowly. Proctend Gamble's Dick Hall said EPA should collect informationrirst, then assess where the problems are. 'This whole process has to take a step-wise approach,' Hall said. 'In a lot of these instances we're presuming risks that don't exist,' he said. Bob Whitmore of OSHA's Office ofStatistics said that without site-specific information,'It's impossible todorisk assessment on the health side.' A paper by EPA's Office of Pollution Preven- tion and Toxics discussed at the meeting de- scribed the CUI as an information collection program that would require the chemical in- dustry to submit a chemical use Inventory to EPA. EPA is uncertain at this point whether CUI would affect processors as well as manufao- turers of chemicals. It is probable, however, that whatever form it takes, it wilt affect thou- sands of facilities. CUI's main purpose would be to pnsvide the 0 S agency and other organizations with enough information to screen chemical risks and bet- ter understand manufacturing trends, as well as aid companies and the public in pollution prevention and product stewardship. Mark Greenwood, director of EPA's Olfioe of Pollution Prevention and Toxics, said d»mi- cal use information could aid in deterrnirr&tp 9hose materials, those diemicals, those tech- nologies that are safer.' He said the meeting would be the last before his office submits a proposal to LynnGotdman, EPA's assistant administrator for preven6on6 . pesticides and toxic substances. But Greenwood said there would be plenty of opportunity for future input on the CUI, no matter what form it takes. EPA presented three models for discussion: One, based on the Toxics Release fnventory„ would provide facility-specific information that could result in pollution preventionefforts, the paper said. TRI chemicals, which are expected to expand to more than 600, would be covered under that model. The other two models, both of which would collect facility-specific data, are based on a chemical reporting rule under the Toxic Sub- stances Control Act. The main difference be- ~ tween the two would be that the third of those models focuses on public dissemination of inlormation, - By Steve Davies OCCUPATIONAL HEALTH & SAFETY NEWS 202~ ~ 14095

Research -~ EPA Says Concerns Over Possible Health Hazards Not Reason To Abandon Crumb Rubber Agency official says field testing shou[d'be the judge Lack of information on the health effects of using scrap tire rubber in the manufacture of asphalt is not reason enough to abandon this use of the recyclable material, an Environ- mental Protection Agency of ticia! said Jan. 11. Paul Ruesch,, a dvil engineer with EPA, urged attendees at a conference in Washing- ton, D.C., not to dismiss scrap-tire rubber, also known as crumb•rubbermodifier, orCRM, as a potential source of materialifor asphalt production. The technokogy has been'tried, tested and convicted in surveys, hearings, newsletters, etc., as opposed to [tests] in the open field' Ruesch said. Ruesch made his comments during a fo- rum on CRM at the 73rd annual meeting of the Transportation Research Board. Worker exposure to asphalt fumes Is gairn ing recognition as an occupational hazard, and the use of CRM has elevated the level of concern. ® At a Jan. 5 meeting of OSHA's Ad'visory Committee on Construdion Safety and Health, committee member John Moran called on the agency to take a role in investigating asphalt exposure. Moran, director of occupational safety and health for the t.aborers' National Health and Safety Fund, said additives in asphalt, such as CRM, coukd have grave im- pacts on the health of workers exposed to It. Committee member Diane Porter, assis- tant director at the NaYwnal tnstitute for Occupat'iona[ Safety and Health, said as- phalt fumes could be carcinogenic. 'Increasingty, the country and the Con- gress is seeing asphalt as a waste disposal pit,' Moran said . Rubber tires account for roughly / per- cent of the solid waste stream - about 1.6 million tons were discarded M the United States in 1990„ according to the Environ- mental Protection Agency. For this reason, pressure has mounted to find methods of recycling the material, and increased inter- ests In using CRM in asphalt. Congress, through the Intermodal Surface Transpor- tation Efficiency Act of 1,991, mandated minimum levels for the amount of scrap-tire rubber that road builders must use in as- phatt. "We're just pursuing every avenue we can to find an end market for scrap tires' Ruesch said. 'This is one of the avenues that the Congress felt it would behoove the EPA and the Federal Highway Administration to pur- sue' According to Bruce Peirano, a toxicologist with EPA, the agency reviewed seven stud- ies comparing the potential health effects of exposure to CRM with those of conventional asphalt. Peirano, whoatso spoke at the TRB meeting, said the agency found no'compet- Nng evidence'that emissions f rom CRM posed greater hazards to workers than those of conventional asphalt. He warned, however, that the agency's findings were based on 'timited available data " The conclusions are further clouded because asphalt is essentially an undefined compound, and EPA cannot be certain that the same makeup of ingredients existed in all of the seven studies used, Peirano said. - By Itlec C. ZacaroJi OoDslll Sorry About That OlobiAO Sometimes government officials make mistakes. In the Jan. 3 Federa!'Register, OSHA reported'correcting an error stemming from the wording of the amendatory language of the final rule that inoorporated applicable General Industry standards for toxic substances into the Occupational Safety and Health Standards for Shipyard Employment' In other word's, a mistake printed In the July 1,1993, Federal' Register contalned language that had tfie effect of removing'reguiatorytext and appendices' on cadmium from the rule. That contradicted a Shipyard EmptoymentStandard Advisory Commit- tee recommendation that OSHA incorporate all toxic substance standards ccwering shipyards into 29 CFR part 1915. The introduction of the document printed' in the July 1,1993, edition of the Federal Register •made It dear that the cadmium standard remained applicable to shipyard employment.' The Jan. 3 edition 'reinserts the regulatory text and appendices' of cadmium, OSHA officials also converted'a number of effective dates that were not computed to specific dates.' In other words„ OSHA has added more specific deadline dates in various subsections. - By David Lirn BRIEFS "~~ WORKER'S DOCTOR TESt1FlES CANCER UNKED~ TO HER JOB A California judge allowed the physician of a former employee of the San Onofre nuclear plant near San Diego, Calif., to testiy that her cancer was caused by radiation leaks. Tang Rung's doctor testified that she contracted myelog- enous leukemia because of her work as a Nuclear Regulatory Commission Inspector at San Onofre during 1985 and 1986. He explained criteria used to determine canoer's cause, In- duding proximity to a Ilmown carcinogen, Instances of the car- cinogen in the woriplaoa or en- vironment and the duration of the contamination. Atiomeys for Southern CaQfor• nia Edison, the majority owner of the plant, said the testimony was 'an arena of rank specutation.• WORKER SAFETT A TOPIIC FOR PESTICIDE MEETING - Worker safety is one topic that will be-0iiscussed at the Midwsst Plan Service Pesticide and Ferbl- her Containment Symposium Feb.1316 in St. Louis. - • The oonferenoe, oo-sponsa.d . by the Agricultural Retailers As- sociation, will feature speakers from the Environmental Protea tion Agency, state agencies and industry sharing their perspsa tives on storage and disposal regulation history, wanshouse and, facility design and mora. To register„ call Glen Churdt at (515) 2944337. WORKER TRAININ6 AMOM6 . CU11T0N GOALS FOR 1904 President Clinton induded im- proved worker education among his 1994 goals in a radioaddress to the nation on New Year's Day. Clinton said we must "provide lifetime training for our worksrs.' In addition to the Improvement of education and job training, some of Ciinton's goals Indude passage of health care rdorm and progress in reducing crime. 'in 1994 we must resotw to do evenmore to hetp the middiedass with more jobs and with inoome growth, to help the poocwho are trapped in whole neighborhoods where there's no work, few stable families and where violence iSthe nortn,' CGnton said. k J'ANUARY 21, 1994 17

BRIEFS wASH.:TATE 091 IN FRONT ON INDOOR AIR PROPOSALS Workplace heahh and' safety officials across the country are pointing to the Washington state indoor air regulation proposal as a ~ d,OSHAof6dalshavebeen using It as a template for their, national indoor air proposaL The state version would apply to all building owners and employ- ers with office work environments In the public and private sectors. It covers specifics on the doctrmen- tatieon, operation and malntenenoe of heattnp. venb'tatiem and air con- ddioning systems and controls for specific air contaminant sources. Highlights of the proposed 15- page state regulation are: • Prohibition ot smoking indoors or a provision for an outside-ex- haust smoking-break room operd ated at negative pressure to sur- rounding nonsmoking areas. • UtirrzationofTilfers with a mini- mum rated air filtration efficiency of 25 percent to 30 percent of oorttrol'dusL Proper fitting offilEers to prevent air bypass. • Controlsminirnizingmicrobio- k~gicat growth In buildings. • Use of deaning, maintenance and other hazardous chemicsls according to instructibns. • Rigorous documentation and investigation of reports of indoorr air quality-related health symp- toms and iUnesses. e Rigorous r2ontnols and prooe- dures for indoor air quality during remodermg of occupied offices. • Controls minimizing miaobio- logical growth in buildings through prompt handling of leaks or spills; drying wet, porous materials; and removal of visible moss,, mold orr alpe•' ' • Doarner>fation and investiga- tfon of reports of Indoor air quality- retated health symptoms and i9- nesses. This lndudes notification of building owner, documentation of reports of health symptoms or Bnesses, in.spection and evafua- t3on of areas affected and disaus- sion with affected employees. In the cases In which symptoms and plnesses persist - a plan for fur- ther investigation is needed. The state proposal is being re- viewed by an Independent 27- member committee. State officials hope the document is returned to Washington's Department of La- bor and Industries for action be- fore the year is over. SPECIAL'REPORT :INDOOR AIR Washington, Maryland Set Pace Nationwide In Efforts To Establish Policy On Indoor Air Smoking bans are top indoor air priorities in many states Even though Washington and Maryland lead the way in establishing state indoor air policies, both are featuring proposals that are dramati- a8y differenL Washington's Department of Labor and Indus- tries has showcased a comprehensive 15-page proposal to the public. lt covers smoking, venti - lation, finer usage, and health and safety report- I^g• If the proposal is passed, Washington would become the first state to set regulations and guidelines for sick-building syndrome, airborne materials, and use of heating and air condition- ing systems. Maryland Department of Licensing and Regu- lation officials are featuring a proposal' that, if approved, would make Maryland the first state to ban smoking in all private and public workplaces. However, Maryland's proposal consists not of 15 pages, but of 16 words: 'An employer shan ensure that an employee, while in the places of employment, does not smoke' Most effort, however, has come in the form of smoking bans. Public and private workplaces in most states either prohibit or restrict smoking (see map). Peter,Fisher,directorof the Coalition on Smok- ing OR Health, said a'considerable increase' in interest about indoor air is a result of the Environ- mental Protection Agency's report on environ- mental tobacco smoke. That report was released in 1992 and con- dudesthatsecondhand smoke causes cancer. Fisher's group includes representatives from the American Lung, Heart and Cancer associations. Diane Maple, director of media relations for the American Lung Association. said that' evenn without the EPA report there still'woukf have been an Increase, because public concern over ETS is growing. The Issue of indoor air quality covers more than secondhand smoke. According to experts on the issue, mineral fibers, bacteria, improper ventilation, carpeting and a whole host of chemi- cals contribute to a variety of indoor-air illnesses. Those illnesses go beyond coughing or runny eyes. Illnesses that Peg Seminario, director of the Department of Occupational Safety and Health for the AFL-CIO, said cost American workptaces'tens of billions of dollars' each year on medical expenses and lost productivity. Tobacco industry representatives and scien- lists said the EPA report is flawed and jumps to the incorrect conclusion that secondhand smoke causes cancer. Groups such as Washington, D.C,'s Action on Smoking and Health said ETS should be separated from indoor air and both should have different regulations. Industry ex- perts disagree on whether EPA or OSHA should have the lead role over indoor air. The cause of sick-building syndrome also is being debated. Some said it is a combination of many airborne toxins, while a Cometl University scientist now believe the illness can be specifi- atly isotated to mineral fibers. But in any event, Mark Stuart•; associate direc- tor of Risk Management for the National Asso- aationof Manufacturers, summed up the indoor air playing field in this way: 9t definitely is heating up,' he said. States Indoor air proposals In Pennsylvania. Mary- Iand and Washington are all in various stages of the public hearing process - but Washington's Proposal' is the most comprehensive, interast groups told Oacupat;ona! Heatth d SaferyrAl.ws. The Washington and Maryland proposals at- tadc indoor air from a regulatory position while ttta Pennsylvania proposal hovers from a kpis- tetnre perch. The bill was introduced in Man;h 1993. TThe bill would restrict smoking in public and private places. Private places indude the workplace, educational facilities, health facilities, arenas, concert halls, hotels and the seating area in an open-air outdoor stadium. Public and private places are required to have at least separate nonsmoking areas. Maryland's proposal simply would ban smok- ing in all public and private workplaces. Carolyn West, administrator with the state's Division of Labor and lndustry, said the Maryland Ocoupa- tional Safety and Health Advisory Board could approve it as early as Feb. 2. R then would be sent to the Commission on Labor and Industry for final approval. Michigan, New York and Missouri also are moving on Indoor air proposals. But none of these states' proposals covers as much ground as Washington state's proposal-wttidti is being used by OSHA as a model for the first draft of a national policy (see related story in fhis issue). The proposal would apply to all building own. ers and employers with office work environ- ments in the public and private sectors covering specifics on the documentation, operation and maintenance of heating, ventilation and air oon- ditioning systems and controls for specific air contaminant sources. Hiphlightsof Washington's proposed 15-page state regulation are: • Prohibition of smoking indoors or provision of an outside-exhausted smoking break-room operated at negative pressure to surrounding nonsmoking areas. • Utilization of lilters with a minimum rated air fitlration efficiency of'25 percent to 30 percent to control dust. Proper fitting of filters to prevent air bypass. • Controls minimizing microbiological 4 ` 1a OCCUPATIONAL HEALTH & SAFETY NEWS

I ! '.l'r,:K~If~'~"~':7~SR`-".~^7rS'~'~:~7-.,~..~a~ S~t~IW LAl1. GL/~ U.S. Workplace Smoking Refttlonr 0 States With Restrictive Smoking Policies In Government And Private R Workplaces States With Restriiytive Smoking Policies In Private - Workplacs ®~ States With Restrktive Smoking Policies In Government Workplaces 0 States With Nleitl>„er Connectiwt, Colorado, Illinois, Maryland and Michigan have completely prohibited smoking In government workplaces. sa.o.: oe.Mbn on snddro ORWoAn growth in buikfings.. • Use of cleaning, maintenance and other hazardous chemicals according to labels and instrtrctior>:. • Rigorous documentation and Investigation of reports of indoor air quatity-refated healthh symptoms and Sn.sses. • Rigorous controls and procedures axaem- tng indoor air quality during remodeling of occu- pisdof8as. The state pnoposai' is being marked up by a special 27-member committee. State officials hope the document gets back to Washington's Department of Labor and Industries for action before the year is over. Bustness NAM's Stuart said that slowiy but surety many of his members are moving toward indoor air strategies.'Some haven't done anything; some have banned smoking completely (andi some O have increased ventilation' he said. Paul Cammer, president of the Business Coun- cil on Indoor Air in Washington„D.C., said that with OSHA's upgraded timetable on developing a national indoorairpolicy, indoor air will become JANUARY 21, 1994 s,.ffpraphic by wrr0 n ILM# the hot issus.'f don't think you can get around k,' he said.'The more you see stuff in the news, the more company personnel are going to be aware of the problem.' Richard Silberman, technical project managerr for Healthy Buildings International of Fairfax, Va., said buiidmg owners and managers are calling for more'proactive' consolation. Some of his tips include keeping windows open, Investing in small air pumps and fiplers, and education. Many examples of sick-building syndrome are due to poor maintenance, clogged ventilation and humidity probiems. Silberman said. Tobacco Industry David Remes, a lawyer for the Washington, D.C., firm of Covington and Burting, said smok- ers and nonsmokers can coexist. In other words, supply smokers with a smoking room or a room with separate ventilation. The tobacco industry also said EPA's second- hand smoke report is flawed. At a recent confer• ence, Chris Coggins. principal scientist tor R.J. Reynolds Tobaccoot Winston-Salem, N:C:, said there are major errors in the report. - By David Lim BRIEFS THREE HEALTH i;R01fPS PUSH FOR MORE INDOOR AIR ACTION A coalition of representatives from the American Heartli.ssocia- tion; the American Lung Associa- tion and the American Cancer Society are saying local efforts to ban smoking are not enough6 While state governments, res- taurants, businesses and private workplaces across ft country continue to restrict or prohibit cigarette smoke (see map), the Coai'ition on Smoking OR Health blasted the federal government for not moving taster. At a recent press conference, the coalition revealed the foliow- ing recommendations: • PresidentClintonshouktisign an executive order making all federal buildings smoke-free. . The Food and Drug Admin- istration should prohibit the ad- vertising and promotion of krw- tarand bw-niootine products and should seek full regulatory au- titoriry over all tobacco products. . The Federal Trade Cortxnis- sion should prohibit the 'Joe CarneP advertising campaign, and prohibit ads that suggest smoking certain tobacco prod- ucts is safe, nonaddictive or a reasonable way to lose weight. •The Senate should join the House of Representatives in re- stricting smoking in its buildings. .The Justice Department should prohibit brand-name sponsorship by tobacco compa- nies of sporting events that are broadcastand aiso prohibitciga- rette advertisements televised during sporting events, which are in violation of the broadcast ad- vertising ban. . The Office of the U.S. Trade Representative should ensure that U'.S. trade policies on to- bacco do not adversely impacs health laws in other countries whenthose laws are designedto protect the public's h.alth. . The Department of Transpor- tation should propose bilateral agreements or other means to Imptement the recommendations of the International Civil Aviation Organization to make international airline flights smoke-free. The coalition, however, saw a smatl Ilight at the end of the tun- nel.'The federal government has done a good job in helping to educate the public about the dangers of smoking' the coali- tion said. 19

BRIEFS SAFETY CONSIDERED IN N.Y. CONTRACT AWIiRD SYSTFM Contracting agencies In New York state must obtain worker safety inforrnation from compa- nies bidding on pubic projects, according to a new law in effect this month in that state. The agencies must obtain workers' compensation daims to help determine the oompa- nies' safety raconds. 'fCnowing a potential con- tractor's safety record will fur- ther enable state agencies to detem>ine whichcontractoris the lowest responsible bldder; the state's tabor corrurtiasioner, John Hudacs. said. The state in 1993enacted a taw providing state contracting agen- oies with guidelines to determine who is the lowest responsible bid- der when awarding contracts. CONN. RUBBER PLANT CITED AND PENAL23ED A rubber manufacturing plant in New Haven, Conn., faces $49,000 in fines for alleged will- fui and serious violations involw ing spillage of toxic chemicals Into tf» Mil1 River. OSHA alleged Connecticut Hard Rubber Co. did not provide adequate protection to workers who responded to the spill of toluene, as well as to workers who work with the chemical as a part of their norrnat duties. The empioyeeswhocleanedup the spill were Inadequatetytrained in how to respond to spills of haz- ardous materials, OSHA alleged. FATAL FALL AT MASS. . MIAiJI BRINGS CITAT1011 A fatal fail at a Somerville, Mass.,, man has brought more than $38,000 in retesfor the maD management OSHA alleged 12 serious vio- lations following an accident In which an employee of Shopoo Management fell to his death at Assembly Square Matt. • , - The employee dropped'20feet through a hole In the root as he adjusted a tarpaulin that was cav- ering the hole. As a part of matl renovations, a skylight was be- Ing installed and a tarpaulin was used to cover the hole. The inspection found that the empioyeraltegediy had faiiedto guard the skylight opening. SPEC6ALlREPORT :°INDUSTRIALiHEALTH Safety And Health Professionals Urge Action On 'Silent Epidemic' 0f Silicosis NIOSH official says 1.7 rnialion workers potentially exposed' A sign former OSHA administrator Eula Bingham: saw hanging In a British work- place seems to sum up what is one of the former OSHA administrator's gravest con- oems for American workers. The signs reads: 'Join the Navy and see the world, beoome a sandblaster and see the next.' Binghamiusedthhe sign at a recent confer- ence in Washington, D.O., as a source off anecdotal evidence that in this age of tech- nology, the centuries-oid illness siiicosis still prevails. She pointed out that the use of silica in abrasive blasting was all but banned in Great Britain in 1950, but continues to be used in the United States today. The conference, sponsored by the Ramazzini Institute for Occupational and Environmental' Health Research, focused on silent epidemics in the workplace. Silicosis, which is stiU an epidemic nearty a quarter of a century afterthe passage of the Occupational Safety and Health Act of 1970;, clearly fits that rnold'. Bingham told confer- ence attendees. Silicosis is a fibrotic condition of the lungs that occurs when workers inhale crystalline silica. Once silica particles enter the lung, lung tissue reacts by developing fibrotic nodules and scarring around the particles. The often fatal condition can develop any time from a few weeks to a decade or more after exposure to respirable silica dust. It is characterized by shortness of breath, fever and bluish skin (cyanosis). According to the National Institute for Occupational Safety and Health, silicosis often is misdiagnosed as pulmonary edema (fluid irt the lungs), pneumonia or tuberculosis. Silicosis long has beenconsidered a pnob- iem for those employed in the mining or rock-driiiing industries. inmore recentyears,, however, the condition has developed with alarming frequency in other types of work- ers-most particularfyamong abrasive bllast- ers. One of the reasons siticosis continues to be a problem is that OSHA at all levels'does not recognize this classic toxic chemical causes disease and death,' Bingham said. A new permissible exposure limit for silica and an audit of OSHA's process for enforc- ing standards on the substance are among measures the agency should consider in its efforts to prevent silicosis and other lung diseases in workers, she said; Silicosis is not on OSHA's list of priorities for the next few years and as such probably NIOSH Recommended Respiratory Protection For Silica The National Institute for Occupational Safeyand Health has set a recommended exposure limit for exposure to silica at 50 milligrams per cubic meter of air as a time-weighted average for up to 10 hours a day during a 40-hour workweek. NIOSH's REL Is half of OSHA's perrnis- sbfe exposure limit of 100 ughn' as an eight-hour time-weighted average. The following guidelines provide the mini- mum respiratory pmteclion needed to meet NIOSH's REL for the given conditiort: <499 ug/tn' (10 x REL) - Any air- purifying respirator with, a high-efficiency particulate filter. <1,249 ughn' (2S x REL) - Any pow- ered, air-purifying respirator with a high- efficiency particulate filter, or any sup- piied-air respirator equipped with a hood or heimefand operated in a continuous- flow mod's. 4,499 ug/m' (50 x REL) - Any air- purifying, full-facepiece respirator with a high-efficiency particulate fitter, or any powered, air-purifying respirator with a tight-frttingfaoepiece and a high-efficiency particulate fiHer. <49,999 ug/m' (1,000 x REL) - Any supplied-air respirator equipped with a a • half-mask and operated In a pressure- demand or other positive-pressure mode. <99,999 uglm' (2,000 x REL) - Any supplied-air respirator equipped with a fuii facepiece and operated in a pressure- demand or other positive-pressure mode. U'nknown concentrations orwnoen- trattons exceeding <499,999 up/m' (10,000 x REL) - Any seN-contained • breathing apparatus equipped with a full facepiece and operated in a pressun- demand or other positive-pressura mode, or any supplied-air respirator equipped with a full facepieee and operated in a pressure-demand or other posiYrve•pres- , sure mods in combination with an auxY- iary self-contained breathing apparatus operated in a pressure-demand or other positive pressure mode. will not get a lot of the agency's attention. The agency's reasoning is familiar - there are too few resources and too many other issues to deal with. "We do have a regulation for silica and we do have a regulation for abrasive blasting' John Martonik, deputy director for health standards programs, said. The agency sets a permissible exposure limit /or respirable r 20 OCCUPATIONAL HEALTH & SAFETY NEWS

1 • crystalline silica at 100 micrograms per cu- ~ bic meter of air as an eight'-hour, time- weighted average. Martonik pointed out that any action the agency takes In the future most likely will address the sufficiency of the current standards. 'Sitica is not, at this time, one of the targets for regufation,' Martonik said. He add'ed, however, that'in a general matter,, most of the staff has always kept silica in our back pocket as something we would be interested in doing should the resources become available.' NIOSH, which has focused on silicosis through alerts, conferences and other ao- tions,, is likely to be an influentiaf interest on the matter. NIOSH Acting Director Richard Lemen, speaking before the Ramazzini conference Jan.11, urged action onsiiicosis. 9n the case of diseases of silicosis, NIOSH hazard surveillance inforrnation indicates that 1.7 million workers are potentially ex- Industrial Heafth posed to crystalline silica paRicies; Lemen said. He added that 301 workers died of silicosis in 1988„and in the states of Michi+ gan, New Jersey, Ohio and Wisconsin alone, 634 new cases of silicosis were diagnosed between 1985 and 1990. Greg Wagnerof NIOSH's Respiratory Dis- ease Studies Division, said there are more than 130,000 workers potentially exposed to silica in the masonry and stone blasting Industries alone. A number of' public health experts, indud- ing Bingham and University of New Mexico professor Jonathan Samet, said the medi- cal community must place more emphasis on occupational histories If silicosis is going to be identified property and eradicated'. Samet added that better surveillance sys- tems are needed for tracking cases of sificosis, and more sensitive technology is needed to identify the condition's early stages. NIOSH Recommends Engineering Controls and Air Monitoring For Work With Silica ~ Altematnre materials urged to reduce worker exposure to silica dust The National Institute for Occupational Safety and Health recommends employers take thefoltowing measures to control worker exposure to silica dust • Donot use silica sand (or any substance containing more than 1 percent crystalline silica) as an abrasive blasting material. In- stead, use less hazardous materials such as glass beads, pumice, sawdust, slags, walnut shells, steel grit or shot. • Conduct air monitoring to measure workerexposures. Air monitoring should be used to assess both worker exposure and the appropriateness of engineering con- trols. NIOSH recommends il be performed as needed to gauge whether controls taken are sutficieM. • Dust from abrasive blasting should be contained through the useof enciosed blast- cleaning machines, cabinets or other means to control the hazard and protect nearby workers from exposure. Abrasive blasting rooms also can be effective in controlling dusL Use of such rooms, however, can in- crease risk by exposing workers within the rooms to higher concentrations of dust. ~ NIOSH recommends that: blasting rooms be ventilated, and that supplied-air respirators be provided for any employee working within one. NIOSH aisorecommends avoiding the use of portable bfast-cieaning equipmentas it often leaks and allows large amounts of dust to escape. Appropriate ventifationn should be provided that meets the require- ment of OSHA's ventilation standard (29 CFR 1910.94). • Ensure workers practice appropriateper- sonat hygiene practices, including washing their hands and faces before eating, drink- ing or smoking; not eating, drinking orsmok- ing in the blasting area; showering prior to kaving the work site; and not parking cars where they can become contaminated with silica. • Ensure workers change Into disposable or washable clothes once they arrive at the work site, and that they change Into clean clothes before leaving. • NIOSH recommends the use of type CE abrasive blasting respirators operated in the positive-pressure mode (assigned pro- tectionfactor of 2,000) during abrasive blast- ing operations that involve crystalline silica. Respirators, however, should not be oon' sidered the only means of preventing or minimizing exposures„and should be used only when engineering controls do not keep exposures below the N1OSH-recommended exposure limit (50 micrograms per cubic meter as a time-weighted average for up to 10 hours per day during a 40-hour work- week). Employers also must establish a respira- tory protection program that includes an evaluation of the workers' ability to work while wearing a respirator; regular training; BRIEFS EXPOSURE TiO, SIUCA THROUGH THE YEARS The process of using abrasive blasting to clean surfaces has been around since the begin- ning of the century, according to former OSHA administrator Eula Bingham. Unfortunately, how- ever, so have the lung diseases associated with IL Here are the major milestones in the history of silica and the diseases R causes. • 1866 - The lung disease pneumoconiosis, caused by in- halation of mineral dust such as silica or asbestos, Is termed. • 1882-TuberrJe bacillus, the bacterium that causes tubercu- kosis, is discovered. • 1904 - Workers begin using sand In a process of abrasive blasting used to smooth sur- faces. • 1920 - A report out of Yak University says the only efficient type of respirator to use in pro- tecting abrasive blasters from silica exposure is a positive-pres- sure, air-supplied respirator (United States Public Health Service report N585). • 1932-Partide-sizedustand duration of exposure are found to be key factors In assessing the development of siiioosis. • 1936 - E.R.A. Merewether of England's Ministry of Labour releases a paper on the risk of silicosis In sandblasters that draws attention to the issue..The paper also recommends substi- tutes for sand In the abrasive blasting process, and the ulti- mate prohibition of the use of sand altogether. • 1949-6reat Britain adopts a policy greatly restricting the use of sand in abrasive blsst- I^g- e 1970 - Adoption of the Oc- cupational Safety and Health Act setsa standard forabrasive blasl- k:~1976-J. Finkiea of the Na- tionat Institute for Occupational Safety and Health publishes a letter documenting the results of study about sandblasters M New Orleans, a large number of whom developed silicosis, and some of whom developed tu- bercutosis. • 1984 - The U.S. surgeon general releases a report listing smoking as the only established I risk fador for chronic obstructive airway diseases. JANUARY 21,,1994 21 1

BRIEFS "0" WO*4*- MEW STUDY EXAMINES MAaUiUDORA WORKERS Mothers who worked In maq- ulladora manufacturing plants in Tijuana, Mexico, were found to have babies with lower birth weights than mothers who worked in Tquana-based service Industries, according to a study In December's American Jour- nal of lndustrial Mediane. Maquiladoras are Mexican ta- cilities used by W.S. manufaetur- ers to assemble products that are then shipped back to the United States for sate. Reduced birth weight among infants of workers In garment and electronics manufacturing appears to be a specific heaRh consequence associated with rnaquitadora workers, thoughthe reason is undear,, the research- ers said. periodic environmental monitoring; respira- tor fit-testing; maintenance, inspection, cleaning and storage practices; and the selection of NIOSH-approved respirators. • Provide medical examinations to all work ers who; may be exposed to silica.lNorkers should be examined prior to beginning workk and at least every three years thereafter. Annual exams may be needed for workers at risk of developing acute or accelerated silicosis. According to NIOSH, exams should In- ciude a medical' and occupational history of the worker; a chest X-ray; pulmonary func- tion testing; and an annual evaluation for tuberculosis.. • Post signs warning workers about the hazards of silica exposure and specifying the type of equipment needed for protec- tion, such as respirators. • Provide a training program for workers that Includes information on the potential adverse health effects of silica exposure; Instruction on material safety data sheets; / Instruction on obeying signs that ma ,rk boundaries of blasting work areas; informa- tionon the safe handling, labeling and stor- age of toxic materials; discussion about the importance of engineering controls. per- sonal hygiene and work practices designed to reduce silica exposure; and instructionn orn the use and care of appropriate protec- tive equipment. . Report all cases of silicosis to your state health department and to OSHA. For more information or copies of NIOSH documents on silicosis, write to: Publica- twns Dissemination, DSDTT, National Insti• tute for Occupational Safety and Heatth,. 4676 Columbia Parkway, Cincinnati, OH 45226; or call (513)~ 533-8287 or (8t>0) 356- 4674. -ByArec C. Zacarofi DSNA IL'RES PA. CAR DEALERSN{P An Aspinwall„ Pa., car dealership has been cited with a failure to abate notioe. OSHA Is seeking $84,000 In fines. Humes Ford Inc. was dried' for unguarded mad>inery, electrical hazardsandfaiture to provide per- sonal' protective equipment: The failure to abate notice also was issued for a lack of explosionproof wiring In a spray booth, lack of a hazard communications program and use of compressed air for cleaning purposes in excess of OSHA's safety standard, OSHA said: TASK FORCE TO INVESTIGATE DOE RADIATION EXPERIMENTS A special group will investi- gate files and information at the Los Alamos National Laboratory in New Mexico in an effort to leam more about radiation ex- perxeents conducted on DOE employees and ctaidren. - In the last month, the floodgates were opened by Department of Energy Secretary Hazel O'Leary as she decided to release classi- ffed information to the public. In response to public and media outcry, the special'Human Stud- les Projecr team will look Into oon- tinuing allegations that aduits were fed radioactive food, workerswere exposed to high-level radiation and mentally disabled children were given radioactive cereat. Ergonomics California's Ergonomic Proposal Draws Mixed Reviews From Unions, Business Would be first state-ievei plan addressing ergonomic issues 'Stop the pain" and 'yood ergonomics is good economics` were slogans chanted by union demonstrators in Los Angeles on Jan. 13 as the state's Department of Industrial Relations held the firstof two hearings on the proposed cumulative trauma disorder stan- dard. The meeting attracted as many as t300people and' dozens of speakers, Rick Rice of the California DIR said. A couple of representa- tives from federal OSHA also attended the meeting, he said. 'The regulation is attracting a lot of attention because we're the first state covering the issue,' Rice said.'Everything else onthe issue has been bcai or county, but this state policy will take precedence over local poiicy; he said Most employers at the meeting argued that the proposed standard is 'inflexible' Labor, on the other hand, pushed the California Oc- cupationat Safetyand Health Stand'ards Board to approve the rule. Jack Henrung, secretary of Califomia''s AFL- CIO, told Oa.tpational Health d Safety News that his organization supports the proposal'. According to Rice, the loudest concerns from business came from those concerned with possible regulations on video display terminals. 'he business coalition is con- cemed with the cost factor,' Rice said. They argued that the standard should allow busi- nesses in California to challenge workers' compensation claims for atkged' VDT inju- ries. ~ A problem for both sides was the medical management section of the standard. It reads that 'medical management includes, to the extent feasible, early detection and diagnosis of work-related CTDs andC1fD symptorns.' Renee Allison of business' VDT/CTD (Cu- mulative Trauma Disorder) Coalition testified that 9easible is a difficult word to define. She compared it to the complications that have arisen over wording in the Americans with Disabilities Act. A section in ADA bans am- ployeesirom being required to do certain work If it would create an undue hardship. These terms are gray areas, Allison testified. Allison also argued that the proposed stan- dard has a too-broad agenda. The proposal coversagricuRure, construction, banking and atl major employee groups, according to Asison. Rice said that some insurance and business leaders are reserving their comments for the San Francisco hearing scheduled for Feb. 24. 'They want to see what others rsoommend, and analyze the data and the standard before they make their comments," Rice speculated. In the end', the sides will have to oompro- mise. Rice said. *Cal-0SHA has taken its best shot at developing the regulation ' We think /t Is effective and hopefully itwould appease aRl of those concemed; Rice said. 'But it has been difficult to do,' Rice contin- ued. CaLOSHA has relied to a degree on the ~ input it gets from business and the employer community. 'If everyone loves ft. it would' be a very ineffective regulation; Rice said. - By Stephanie SchultY 22 OCCUPATIONAL HEALTH & SAFETY NEWS

I 4 OSHRC UPDATE *~~rSteplaanle Sdrt~ rtor ~! Ludwig Cited For Failure To Provide Protective Equipment Following Inconclusive Testimonies AU says rule's enforcement lax enough for'obvious violation' E LudwlQ Mcfnt osh Bulk Haulers, Sacre- tary olLabor v. (decfsion isaued Dec. 9)- Ludwig-Mcintosh Bulk Hauiei Inc. was or- dered to pay a $5,000 penalty by the Occu- pational Safety and Health Review Com- mission for failing to require protective eye and face equipment where there Is a rea- sonable probability that Injury can be pre- vented by such equipment. OSHA's inspection was prompted by an employee complaint at Ludwig's Toledo, Ohio., facility. Kevin Bailey, a mechanic, sustained a serious Injury when a drill bit broke and a fragment of it struck him in the right eye. Two versions of what occurred leading uptothe accident were discussed In teBastii claimed that when he returned from vacation June 2,1992, he requested a pair of safety glasses but was told towait for an expected shipment ot"¢heaper"glasses. His accident occurred nine days later. His supenrisor, however, said'that Bailey requested glasses just three days before his accident and thafhe had glasses at that time, but that theywere oily. The supervisor also said that he got new glasses the next day, June 10, but that Bailey did not pick up a new pair. Bailey's version Is suspect, his supenrisorr alleged, because he filed a workers' corn- pensation claim, and' under Ohio proce- dures, an employee can collect substan- tially higher benefits If the employee's injury was caused by the employers violation of a specific standard. Testimony by Ludwig secretaries and other workers proved inconclusive as all reports were conflicting. The administrative law judge ruled tftat'despite the existence of an effectively communicated work rule requiring employees to wear safety glasses in the shop area, enforcement of the rule was lax enough for an obvious violation of the rule to occur in the presence of the shop foreman without drawing a warning ordisci- plinary action. Ludwig's unpreventable em- ployee misconduct defense must fail.' R.G.M. Construction Company Mc., Secretary of Labor v. (directed' for review Jan. 9) - R.G.M. Construction Company Inc.6led a petitioniorreview afteranadmin- istratiwe law judge ordered the firm to pay $2,400 for four citations Involving serious violations. The citations resulted from an OSHA in- spection conducted June 5, 1991, at a JANUARY 21.1994 bridge-widening project located on the Colo- rado River outside Bastrop, Texas. The inspection followed employee complaints about the job. Two of R.G.M.'s employees, who reported the alleged safety violations to OSHA, tes- tified that they had removed lumber form, called form wrecking, without fall protection. The compliance officer testified' that em- ployees could have broken bones or drowned had they fallen, that she saw no acceptable way to tie off under the bridpe„ and that a safety net was the only practical fall protection. Records show the water under the bridge was about 4.5 feet deep at the time of the inspection and that the bridge was approxi- mately 32 feet above the river's surface. Further, the employees, whodonotspeatc English, testified that they received the company's safety manual and attended safety meetings at the site. They also said they were asked once to sign sheets for meetings they had not attended. Employees testified that noone Instructed them to tie off and that their supenrisoratthe sRe only told them to be careful and not fall off the bridge. (They identified witnesses who saw them working without fall protec- tion under the bridge.) However, Steve Muckleroy, the firm's vice president, argued that R.G.M. has been engaged in heavy construction for 10 years, has an outstanding safety record,, and that its only significant work injury was a back injury. He also said employees at the sub- ject site were protected by guardrails, life- lines, safety belts and lanyards. The AU described testimony from the employees making the complaint as vague, contradictory and 'simply not believable.... A number of their responses Indicated a lack of candor and a deliberate attempt to discredit R.G.M.' However, the judge found R.G.M. to be In violation of one serious and one 'other' violation of fall protection standards. Be- cause of the firm's size, history and good faith, however„ he assessed total penalties of $2,400. In Its request for review, R.G.M. said it disagreed' with the judge's decision that the firm was in serious violation of OSHA stan- dards and that the judge "made determina- tions of credibility of witnesses and resolved conflict of testimony" without being present at the trial. They also asserted the OSHA officer cit- ing the violations was inexperienced, that the secretaryi'ailed to meet his "burden of proof to show that safety nets were required and that other fall protection devices were An OSHRC Primer The Occupational Safety and Health Review Commission is an independent federal agency that adjudicates challenges to OSHA citations or penalties. Employers may contest a cita- tionand/orpenaltywithin 15 busi- ness days after receipt of the 6itation. Upon notification from the De- partment of Labor„ OSHRC ini- tistes a case file, and a docket number Is assigned at the na- tbnal office in Washington, D.C. All affected parties then are no- tified by rnail of the case docket A hearing date Is set for the closest practical city near where the alleged violations took place. An administrative law judge from the commission oonduds the proceedings. An employer cited by OSHAor the affected employee may ap- pear wtth or without legal ooun- sel. The secretary of labor is represented by a government anM .AWI d'ecision becomes fi- nal within 30 days, unless within that period the decision is dr rected for review at a higher level by one of the three commission- ers appointed by the president of the United States.. If a party petitions for oommis- sion review by OSHRC, but the case is not directed for review, the petitioning party then may request review by a circuit court of appeals. The rules for OSHRC can be found in PaA 2200 of Title 29 of tha Code of Federal Regulations. Cltatlon Terms wufuP violations are those committed with an Intentional disregard of, or plain indifference to, the requirements of the OSH Act and regulations. "Serious'viblations are those In which there Is a substantial prob- abiiity that death or serious physi• cal harm could result and in wftich the employer knew or should have known of the hazard. 'Other-than-serious'vioiations comprise all others, with the ex- oeptionof'de minimis'violations.. which are considered neg6gible.. 'Prima facie evidence Is that which is visible at first sight, with- out further examination. Commission Information Address: One Lafayette Centta 1120 20th St. NW, 9th Floor Washington, DC 20036-3419 Phone: (202) 606-5398 23

BRIEFS ~~ REFORM RILL WILL GET FINAL NEARINiiS ON NRl Final hearings on Democrat'- sponsored legisiationto reform the Occupational Health and Safety Act will be heid shortly after law- makers return Jan. 25, according to stanecs on Capitol Hill. No dates have been set OSHAadministratorJoe Dear isexpected'toaddressthe House Education and Labor Comrnit- tee, while Secretary of Labor Robert Reich is expected to speak to the Senate Labor and Human Resources Committee. The Comprehe nsive Occupa- tional Safety and Health Reform Act (S 575, HR 1280) would re- quire that all employers covered by OSHA have safety and health Pograms. FEDERAL APPEALS COURT RUCES ON WORKERS' ORU6 TESTIN6 Random testing for illegal drug use may be conducted bythe Fed- eral Bureau of Prisons among all employees except those working outside prison institutions who do not have access to information regardiitg the vdtness security pro- gram, the 9th U.S. Circuit Court of Appeals has ruled, The decision modifieda lower court Mjuncciion, issued In May 1992, that testricted random test- Ing among federal prison staff primarily to employees regularly assigned to carry fireamts, phy- sicians and dentists with regular contact with Inmates, and other law enforcementsmpksyees with substantial inmate contact. AINA OFFERS NEW COURSES FOR 1!!1 The American Industrial Hy- giene Association Is offering a va riety of shodcourses designed for occupational and environ- mental safety and health profes- skxtis. Toptcs of the courses Indude iftdoor air quality and HVAC, In- dustrial ventilation and quantita- tive Industrisl hygiene. The organization also Is offer- ing a comprehensive review course for preparing ind'ividuats for the Certified Industrial Hygien- ist Exam, and a new course titled 'What Every Industrial Hygienist Needs to Know about Safety' For more Information, contact Vicki Neal at (703) 849-8t388. OSHRC UPDATE not practical,' and that the judge relied on, evidence from the 'inexperienced" compli- ance of f ice r and f rom noncredibi e witnesses. Super Sky Products Inc., Secretary of Labor v. (decision issued Nov. 9) - Super Sky Products, located across the street from Department of Labor offices in Cleve- land, was assessed $4,500 in penalties after a Labor Department attorney and an OSHA director spotted a worker violating two seri- ous safety standards. The attorney, who noticed the workerfirst, testified that she did not see a lanyard or safety line on the worker. After consulting the OSHA assistant area director„ the two viewed the worker's environment through binoculars and agreed that the worker was not tied off. Based on testimony, the secretary con- dhded that the worker was exposed to the hazard of a 20- to 25-foot fall to the end of the atrium, and' an additional' 30- to 40-foott faU to the patio below the atrium. The company was cited for failure to re- quire the wearing of appropriate personal protective equipment for an employee ex- posed'to a hazardous condition and failure to ensure that the side rails of a ladder used for access to an upper landing surface ex- tended at least three feet above the upper landing surface to which the ladder was used to gain access. Armstrong Steel Erectors, Secretary of Labor v.(direcfed for review Jan. 11)- A decision that would have required Armstrong Steel Erectors Inc. to pay a $12,250 penalty for serious and nonserious violations has been directed for review after Armstrong argued that the administrative law judge's "disposition upon numerous is- sues in the dispute was improper.' Armstrong, subcontracted to perform structurat: steel, placement on two bridges over two rivers in Ohio, was cited by OSHA for not having guardrails on a painter's plank alleged to be a scaffold, failure to utilize guardrails while work was being per- formed on a pier cap, failure to use standard guardrails while work was being performed while utilizing wood planks to access beams and failure to protect against alleged pro- truding rebar. Issues thatthe oompanydisputedinclude: whetherthe cited OSHA standards are valid and applicable to the bridge operation„ whetherthe decision affirming citationscort- forrns with applicable law and whether the AU refused' to recognize the defense of Infeasibility. In its first argument. Armstrong said there Is no requirement for a standard guardrail on a concrete pier cap. The AU found the piercap wasperrnanentand therefore guard- rails were required. However, Armstrong argued that the stan- dard does not require guardrails in all in- stances.'The standard cannot be construed to require an employer to provide guardrails while over water,' Armstrong said. Second, Armstrong argued that the AU erred in his opinion that guardrails are re- quired on painter's picks. The AU ruled that because a pick is movable, it is a scaffold. The judge failed to note that the `scaffold regulation specifically exempts certain scaf- foldsirom guarding " Armstrong said. Armstrong also was cited for failing to have guardrails on a'runway.' Employees walked along 18-inch-wide steel beams to access work areas and no citations were issued, Armstrong said.'Suddenly, when a plank is interspen.ed across two beams, it is • not a runway which requires guardrails,' ahe . company argued. A portable plank could not be cited under this section since it ap- plies only to; permanent structures. Armstrong argued. The AU also penalized that company for failing to guard protruding steel. Armstrong oontended'that, while there was rebar, kxnger kngthswere bentover. Employee witnesses saw and observed no danger, and it was merely the compliance oHicer's opinion that an employee somehow could fall between the net over the rebar. Armstrong also argued that It should be allowed to use the infeasibility defense. South west Refractory Inc., Secretary of L.bor v. (decision issued Dec. 2)- Failure ~, tokeepempkoyeesclearofsuspended load s and loads about to be lifted by a sling has resulted in a 53,00t) penalty against South- west Refractory in Sapulpa, Okla. The death of a Southwest employee prompted an Apn123,1992, OSHA investi- gation. A 17,000-pound pipe had to be lifted' during a refractory process so refractory material could be applied to the other side of the pipe. Mobile Crane Services Inc. was hired for the task. When a Southwest employee helping on the job crouched beneath the suspended pipeto shift some of the timbers, the pipe fell on him. There is no question that the employee was exposed to a hazard as he worked near the suspended pipe, the administrative law judge said. His failure to stay out from under the load clearly violated the mandate of the cited standard, the judge said. Southwest arguedthat Mobile was incharpe of all lifting operations that day and therefore the responsibility for the cited violation be- longs to it and not Southwest. The company also contends that it did address this hazard in its workplace and that the worker was well aware of the risks involved in being under- neath a suspended load. However„ South- west was cited for failing to keep its own employees clearfrom the suspended load. 'An unpreventabte employee misconduct~ defense has not' been established and the alleged violation must be atlirmed" the judge ruled. 24 OCCUPATIONAL HEALTH & SAFETY NEWS