Confined Space @ TPH

By David Michaels Weâve gotten news that Republicans in the House are planning to introduce a very destructive amendment to the Labor-HHS-Education Appropriations Bill, probably later today. This amendment will have a devastating impact on NIOSH's research program, and it is important that we act to stop it. Rep. Joe Barton (R-TX) will offer an amendment to restrict NIH's contribution to the Section 241a Public Health Service Act Evaluation Fund. This fund is the entire source of support for the NIOSH National Occupational Research Agenda (NORA) program, a highly successful public-private…
By David Michaels Yesterday, we wrote about the efforts by Rep. Roger Wicker (R-MS) to extend the prohibition on OSHA from fully enforcing its respiratory protection standard to protect health care workers and first responders from tuberculosis. Wicker successfully added this prohibition to legislation in the past, but the prohibition now in place ends in September, so he was trying again. Weâve just learned that Rep. Wicker has backed down. In the face of well-organized opposition (unions and the public health community) armed with a very strong argument that the policy he was proposing was…
By David Michaels How to not stop the spread of drug resistant tuberculosis? Give health care workers and first responders respirators that donât fit correctly. It is hard to believe, but the House of Representatives will very soon (perhaps later today) be voting on an amendment to the Labor-HHS-Education Appropriations Bill that would prohibit OSHA from fully enforcing its respiratory protection standard to protect health care workers and first responders from tuberculosis. It would exempt tuberculosis exposures from the requirement for an annual fit test to make sure the respirator fits and…
The Louisville-Courier Journal's (LCJ) David Hawpe tells it like he sees it: "Coal is an outlaw industry."  When criticized for degrading the industry and asked when he would stop calling it names, Hawpe replied when the industry started "behaving like something other than a bunch of outlaws."  Read Hawpe's editorial here.  The LCJ columnist recounts some of the testimony from last week's public hearing on a proposed MSHA rule to strengthen seals in underground mines.  He says: "I'll stop using the phrase when industry officials stop opposing federal rules that could save miners'…
...said Melissa Lee, widow of coal miner Jimmy Lee, 33 who died at a Harlan County, KY mine.  At least 17 other families are probably feeling the same way about the improperly constructed seals at the Sago and Darby coal mines where their loved ones perished.  The Mine Safety and Health Admininstration (MSHA) issued an emergency temporary standard (ETS) on May 22, 2007 requiring stronger construction of permanent seals and more stringent maintenance and repair procedures (72 Fed Reg 28796.)  The agency determined that miners faced a "grave danger" of death and serious injury…
John F. Martonik, 58, former deputy director of OSHA's Health Standards Program passed away on July 11 at his home in Annandale, Virginia.  John retired from OSHA in 2002 and since then used his industrial hygiene expertise to assist workers in compensation and liability cases.  He was especially expert in evaluating occupational exposures to benzene and petroleum distillates, and was deeply committed to seeking justice for workers and their surviving spouses. John Martonik earned a Bachelor of Science in chemical engineering and a Masters degree in industrial hygiene from the…
Federal officials have arrested three men in Las Vegas, saying they âenslaved more than 20 members of a Chinese acrobatic team, feeding them little, paying them next to nothing to perform, and confiscating their passports and visas,â the Associated Press reports. In the Seattle Weekly, Sarah Stuteville and Alex Stonehill tell the story of one of the 194 Thai workers who are suing a labor contractor and an orchard who brought the workers to the U.S. and employed them under a guest worker program. Thai farmer Wisit Kampilo mortgaged his fatherâs home to pay $11,000 to a recruiter who told him…
Dale Jones, 51 and Michael Wilt, 38 reported to work at the Caledonia Pit, a surface coal mine near Barton, Maryland at 5:30 am on Tuesday, April 17, 2007.  In the 275 feet-deep pit, Jones operated the excavator while Wilt ran the dozer.  By about 10:00 am that morning, something had gone terribly wrong.  The massive highwall collapsed, burying the two coal miners under 93,000 tons of rock.  John David Cook II, a co-worker and the shovel operator, dug night and day trying to reach Jones and Wilt.  A state mining official who was on-site during the rescue-recovery operation said…
If you have a job, do you know who your employer is? The answer isnât always straightforward, César Cuauhtémoc GarcÃa Hernández points out in a recent Boston College Third World Law Journal article, and the implications can be profound. In âFeeble, Circular, and Unpredictable: OSHAâs Failure to Protect Temporary Workers,â GarcÃa details the disadvantages temporary workers face. Temporary work is unstable, and few of the workers â who tend to be women, blacks, and Latinos â receive health insurance, paid vacation days, sick leave, or pension plans. The fact that many temporary workers are…
Cong. Jerrold Nadler (D-NY) held a hearing on June 25 on the federal government's response to the hazardous air contaminants that polluted lower Manhattan after the 9/11 attacks.  The featured witness was former EPA administrator Christine Todd Whitman, who was in the hot seat for her claims that the air in NYC was safe to breathe.  Much less attention was paid to former OSHA assistant secretary John Henshaw, who sat next to Whitman, but was left largely unscathed by the questioning.  At least one Henshaw exchange deserves attention.  The former OSHA chief insisted there are "safe…
After a contractor was rescued from a collapsed construction trench in Desert Hot Springs, California, Eric Solvig of The Desert Sun reported on how common it is for trench work in California to violate safety guidelines â and for workers to be killed or injured as a result: State officials issued more than 1,400 citations from 2002 to 2006 for trenches that violated excavation safety guidelines, failed to have proper bracing and put workers in danger. Nationwide, about 40 to 50 people die in construction trench collapses each year, said George Kennedy, vice president of safety for the…
At first, the FOIA request for workplace inspection data seemed straight forward.  The requester asked for all records contained in OSHA's database of industrial hygiene samples for the contaminant beryllium during the period 1979 to 2005.   Previously, OSHA had provided on numerous ocassions comparable information to other requesters, and in some cases, even without requiring a formal FOIA request.  Moreover, OSHA's sister agency, MSHA, already provides full access to this kind of data right on its website.  But in this case, the requester was Adam M. Finkel, ScD CIH, a former…
When I heard Christie Whitman was going to testify before the House Constitution, Civil Rights, and Civil Liberties subcommittee , I hoped that if she were pressured by the Bush administration to hide her concerns about the air quality at Ground Zero and in lower Manhattan, that today might actually be the day sheâd âcome cleanâ about it. I wasnât expecting her to go so far as to say she was wrong, but I wanted to give her the benefit of the doubt. Maybe, I thought, we could officially add this debacle to the growing list of ways in which the Bush administration has put politics before the…
The Newmont Mining Company reports that the body of gold miner Dan Shaw, 30, was recovered on June 30 after an 11-day rescue effort.  The federal agency responsible for miners' safety and health, MSHA, has zero, zilch, nada on its website about the accident, the rescue or the recovery effort.  In "Do I Expect Too Much from MSHA" I wrote (and commenters chimed in) why I don't want to rely solely on information provided by the mining company.  In this case though, updates from Newmont were the only way to monitor progress of the rescue.  God rest the soul of Mr. Dan Shaw and send …
MSHA's Assistant Secretary announced that he is creating an Office of Accountability to provide "enhanced oversight, at the highest level in the agency, to ensure that we are doing our utmost to enforce safety and health laws in our nation's mines." The announcement came with the release of three internal investigation reports which Asst. Sec. Stickler said "identified a number of deficiencies in our enforcement programs, which I found deeply disturbing." The internal reviews on the Sago (203 pages), Alma (233 pages) and Darby (214 pages) were conducted by MSHA staff who were not involved…
In the Chinese provinces of Henan and Shanxi, police have raided 7,500 brick kilns and rescued hundreds of slave laborers, many of them children. Victims were kidnapped or entrapped with offers of work and then sold into slavery; officials report arresting 250 people for the crimes. Jane Macartney of The Times describes the horrific conditions at the kilns: The children, some as young as 8, worked in brick kilns for 16 hours a day with meagre food rations. They were guarded by fierce dogs and thugs who beat their prisoners at will. [...] They lived in squalid conditions with many adult…
Last Wednesday, June 20, I learned from a newspaper reporter that a gold miner was missing at the Newmont company's Midas mine near Winnemucca, Nevada.  I checked MSHA's website, but nothing was posted about the accident.  No problem, I'll cut them some slack.  Maybe within 24 hours they'd provide some details.  By Friday, there was still no news offered by MSHA, so I began to rely on the Newmont company's website and updates posted on the local Las Vegas TV stations (KVBC and KLAS).  (The TV stations' stories provided no more information than that contained in the company's…
Jerrold Nadler (D-NY)  will chair a hearing today (June 25) on the federal government's failure to protect workers' and residents' health from the toxic dust cloud created in NYC after the September 11, 2001 attacks.  The premiere witness will be Christine Todd Whitman, who was EPA administrator at the time of the attacks and reported that the air was safe to breathe.  Former OSHA Asst. Secretary John Henshaw will also testify, and hopefully will be questioned pointedly by subcommittee members on why the Administration decided to forego enforcing critically important worker protection…
Louisville-Courier Journal reporters Laura Unger and Ralph Dunlop offer us the voices and faces of miners who are suffering from coal workers' pneumoconiosis.  Their special report, Black Lung: Dust Hasn't Settled on Deadly Disease, includes an on-line version which features five compelling videos featuring 40- and 50-year old coal miners who are now suffering with the disabling lung disease.  Mr. Danny Hall, 56, for example, who is still severely impaired despite receiving a lung transplant says "if I had to do over, I wouldn't ever go into coal mining." The reporters begin the series…
By David Michaels Lifelines Online, the safety and health publication of the Laborersâ Health and Safety Fund of North America, is publicizing some important videos â dealing with the history of occupational health and safety in the U.S., industrial hygiene pioneer Alice Hamilton, and the lung disease silicosis â that are now available for free online viewing. Iâve added recommendations of videos on a pesticide that sterilizes workers and on asbestos that are also well worth viewing and sharing, particularly if youâre an educator or leader of a group that deals with occupational health. Stop…