combustible dust
The Labor Department provided an update on January 20, 2012 to its regulatory agenda, including revised target dates for improved workplace safety and health standards. Several of the rules OSHA now expects to publish in 2012 are regulations the agency previously said would be issued one or two years ago. Missed deadlines, however, are nothing new for OSHA---an agency that has only issued two new major health or safety standards in the last 10 years.
To put these new projections from OSHA in perspective, I'll refer to forecasts made previously by the Obama/Solis Administration in 2009 and…
The US Chemical Safety and Hazard Investigation Board has warned about the dangers of combustible dust before, and its new report on a series of disasters at the Hoeganaes facility in Gallatin, Tennessee once again highlights how deadly this hazard can be. In three separate incidents at the Hoeganaes powdered metals plant, fires killed a total of five workers and injured three more. Here's a summary of the CSB's findings:
The CSB investigation found that significant amounts of fine iron powder had accumulated over time at the Hoeganaes facility, and that while the company knew from its own…
The U.S. Department of Labor's Mine Safety and Health Administration (MSHA) released today the findings of its 20 month-long investigation into the Upper Big Branch coal mine explosion. The April 5, 2010 disaster killed 29 workers, seriously injured another worker, and left hundreds of grieving family members and friends. MSHA identified 12 violations of safety regulations that contributed to the cause or the severity of the disaster. Nine of the 12 contributory violations were classified as "flagrant" infractions which come with a $220,000 penalty each (for a total of $2.64 million). In…
The US Department of Labor's Mine Safety and Health Administration (MSHA) is preparing to issue next week its investigation report on the April 5, 2010 coal mine disaster at the Upper Big Branch mine that killed 29 workers. Ken Ward, Jr. at Coal Tattoo reports that MSHA will hold a media briefing at 3:00 pm (EST) on December 6 at its training academy near Beckley WV. The Charleston (WV) Gazette reporter reminds us that December 6 is an ominous date. It marks the 104th anniversary of the Monongah disaster, the worst mining disaster in U.S. history.
MSHA's investigation report will be the…
If one listens to the speeches of many Republican members of Congress, especially those assigned to the House Education and Workforce Committee, you'd think the U.S. Department of Labor has unleashed an avalanche of new employment-related regulations that business must now meet. I heard one Hill staffer report on inquiries he receives from constituents who ask "how many OSHA rules were issued last month?" Imagine their surprise when they learn, OSHA barely issues one major rule per year. Whomever is telling lawmakers and business that the Labor Department's worker safety agencies are out-…
In Hawk's Nest Redux, Ellen Smith reports that an apalling number of the 29 deceased Upper Big Branch coal miners had black lung disease. The autopsy evidence was reported at the end of one chapter of the investigation report prepared by an independent panel of investigators commissioned by the Governor of West Virginia.* Smith compared the shocking prevalence of lung disease in these men in the year 2010, to the 1930's Hawk's Nest tunnel/Gauley Bridge disaster in which a thousand workers developed acute and progressive lung disease within just a few weeks of work breathing air thick with…
One reporter from the radio world, Howard Berkes at National Public Radio (NPR), and the other from the print world, Ken Ward, Jr. at The Charleston Gazette have submerged themselves in interview transcripts from witnesses involved in the emergency response on April 5, 2010 at Massey Energy's Upper Big Branch mine. About two dozen transcripts were released by the federal Mine Safety and Health Administration (MSHA) on Friday, May 6, 2011 to the victims' families. Soon after, the investigative reporters were writing stories based on the transcripts. (To-date more than 250 individuals have…
Monique Harper, 41, had a beautiful smile that family and friends will never forget. "Monique was the most hilarious and free-spirited person you will ever meet," said one of her sisters. "She was a mother that loved her children, family and friends." Monique Harper's contagious smile and free spirit are now only memories. She was one of the 26 U.S. workers killed in 2010 after being engulfed in grain at storage facilities that hold billions of bushels of harvested corn, soybeans, wheat, barley, and rice. Another 25 workers in 2010 were trapped in grain, but were rescued.
Entrapments and…
Imagine testifying before a congressional committee as the head of the FDIC and you're asked "do the vast majority of banks care deeply and passionately about their customers?" Or as the head of the FAA and you're asked "do you think the vast majority of airlines care deeply and passionately about their passengers?" Or the head of a State Insurance Bureau and you're asked "do you think the vast majority of HMO's care deeply and passionately about their policy holders?" That's one of the odd questions posed to OSHA chief David Michaels,PhD, MPH at a hearing on March 16 before a subcommittee…
By the end of 2011, the Labor Department's worker safety agencies expect to issue six new rules to better protect workers from on-the-job hazards. In the Department's regulatory plan issued yesterday, OSHA projects it will finalize four rules while MSHA expects to complete two new standards. As I've written before, these plans quickly become stale because target dates are missed, new issues emerge and political winds shift, but they still give us a snapshot inside the agencies and the Administration's regulatory strategies at a moment in time.
Of the four rules OSHA expects to finish in…
MSHA announced today that it will be issuing on September 23 an emergency temporary standard (ETS) to improve a practice to prevent coal dust explosions. The rule addresses "rock dusting"----the decades old practice of generously applying pulverized limestone dust throughout a coal mine to dilute the potential power of a coal dust explosion. As NIOSH's Man and Teacoach explain:
"...the rock dust disperses, mixes with the coal dust and prevents flame propagation by acting as a thermal inhibitor or heat sink; i.e., the rock dust reduces the flame temperature to the point where…
Beginning in December 2006, I've written five blog post commenting on the content of the Department of Labor's (DOL) regulatory agenda for worker health and safety rulemakings. Most of my posts [see links below] have criticized the Labor Secretary and senior OSHA and MSHA staff for failing to offer a bold vision for progressive worker protections. Now that the Obama & Solis team have been on board for more than a year, I'm not willing to cut them any slack for being newbies. Regrettably, as with the Bush/Chao agendas, my posts today will question rather than compliment the OSHA team (…
Last week Labor Secretary Solis released in the Federal Register on April 26, 2010, her Spring 2010 regulatory agenda for the Department, including her rulemaking priorities for MSHA and OSHA. As required by the Regulatory Flexibility Act it was published on time in April, in contrast to her Fall 2009 agenda which was six weeks late.
This document is described by the Secretary as a:
"...listing of all the regulations it expects to have under active consideration for promulgation, proposal, or review during the coming 1-year period. The focus of all departmental regulatory activity will be…
by Ken Ward, Jr., cross-posted from Sustained Outrage: a Gazette Watchdog Blog
During a public hearing last night in Georgia, the federal Chemical Safety Board tried to answer critics who complained the board had backed off its strong recommendation that the U.S. Occupational Safety and Health Administration (OSHA) write new rules to protect workers nationwide from the dangers of explosive dust. In approving a final report on the disastrous explosion that killed 14 workers at and Imperial Sugar refinery, board members unanimously added this language as a recommendation to OSHA:
Proceed…
WTOC in Savannah, GA is reporting that Georgia's Senators, Republicans Johnny Isakson and Saxby Chambliss, are calling on OSHA to issue a regulation to protect workers from the dangers related to combustible dust. WTOC says that the Senators were brief today by officials of the Chemical Safety Board on the causes of the Feb. 7, 2008, explosion at the Imperial Sugar refinery that killed 14 people and left others with serious burns and injuries.
Senator Isakson said:
"I believe we should embrace the findings of the Chemical Safety Board, including the recommendation that OSHA…
by Ken Ward, Jr., cross-posted from Sustained Outrage: a Gazette Watchdog Blog
The U.S. Chemical Safety Board is scheduled to release the findings of its investigation into the terrible explosion that killed 14 workers at a Georgia sugar refinery in February 2008.
Itâs another big test for the CSB, which has been under fire recently. Organized labor harshly criticized the board for backing off a strong recommendation on the need for OSHA and EPA to write new rules to prevent accidents involving highly reactive chemicals. The board refused to support its own staffâs call for a safety…
Labor Secretary Hilda Solis signed off on her first semi-annual agenda of regulations, which was published in the Federal Register on Monday, May 11. She writes:
"This document sets forth the Department's semiannual agenda of regulations that have been selected for review or development during the coming year. The Department's agencies have carefully assessed their available resources and what they can accomplish in the next 12 months and have adjusted their agendas accordingly."
I've griped before about not understanding the difference between the items listed on this "agenda" and the…
WSAV News in Savannah, Georgia reports today that Mr. Malcolm Frazier, 47, succumbed to the severe burns he sustained in the February explosion of combustible dust at the Imperial Sugar refinery in Port Wentworth, GA. WSAV reports:
After a long courageous battle, Malcolm Frazier, 47, succumbed to his burn injuries and passed away in the Joseph M. Still Burn Center this morning at 12:50 a.m.Â
'We mourn over the death of every burn patient, but this one was particularly hard,'Â stated Keith Donker, RN, night charge at the Burn Center. 'There is something very special about this family. Over…