Worker health activists want to know why OSHA proposes that employers offer medical surveillance to workers when silica exposure levels reach the permissible exposure limit of 50 micrograms per cubic meter, TWA, rather than triggering such surveillance when exposures reach the action level, which is half the PEL's level.
Employer-side groups are in an uproar that OSHA allotted only two and a half hours for stakeholders to question agency officials at the opening of a roughly three-week series of hearings on agency's hotly contested crystalline silica rulemaking before moving on to testimony from various stakeholders, saying they had several more hours' worth of inquiries for regulators and pleading for a whole day to be set aside to interrogate OSHA.
Business advocates intend to make the privacy of employees and OSHA's logistical ability to scrub employer injury and illness reports of any worker-identifying information part of the backbone of their vigorous effort to thwart OSHA's planned rulemaking to mandate electronic submission of records which would then be disseminated on the Internet.
OSHA's proposal to mandate electronic submission and online posting of injury and illness data has ignited a dispute among worker and industry advocates over the precedence of federal agencies collecting data in that manner and over OSHA's statutory authority to issue the planned regulations, sources told Inside OSHA Online as comments flowed into the regulatory docket to meet a Monday (March 10) deadline for feedback on the contentious rule proposed last fall.
Environmental Protection Agency waste chief Mathy Stanislaus declined at a March 6 Senate Environment and Public Works Committee (EPW) hearing to commit the agency to mandating the use of inherently safer technologies (IST) to prevent or reduce the consequences of accidents or attacks at industrial facilities, despite strong urging from several Democratic senators.
Senate environment committee Chair Barbara Boxer (D-CA) has agreed to a GOP request to postpone a planned markup on legislation creating a new Environmental Protection Agency program governing chemical releases from above-ground storage tanks, a delay that senators hope will allow them time to resolve concerns from states and others as they respond to the recent West Virginia chemical spill.
The Obama administration wants Congress to allow OSHA to inspect work sites with 10 or fewer employees that potentially fall under the agency's process safety management (PSM) standard or the Environmental Protection Agency's Risk Management Program (RMP), which would modify a longstanding congressional mandate that precludes OSHA from inspecting such small businesses.
OSHA has decided to extend by three weeks the comment period on its request for data from stakeholders on whether changes are needed to the process safety management (PSM) and related standards, agreeing to stringent industry requests that the original March 10 deadline be delayed to provide more time for research due to complexity of the proposal and supporting analyses.
OSHA says it is partnering with the Agricultural Retailers Association and The Fertilizer Institute to reach more than 7,000 agricultural retailers, distributors, producers and other facilities in the industry to “remind employers of the importance of safely storing and handling” ammonium nitrate. The effort follows the April 2013 ammonium nitrate explosion in West, TX, which killed 15 people, including 12 emergency response personnel, and triggered hearings on Capitol Hill into ammonium nitrate and other chemical safety issues, as well as a presidential order tackling the subject (see related story).
The trade associations will distribute a letter from OSHA chief David Michaels to fertilizer industry employers throughout the country.
“The tragedy in West, Texas, and other incidents underscore the need for employers who store and handle hazardous substances like ammonium nitrate to ensure the safety of those materials – not just for workers at the facility but for the lives and safety of emergency responders and nearby residents,” Michaels says in the letter. “I am calling on you today to take the necessary steps to prevent tragic ammonium nitrate incidents.”
Federal chemical safety experts are blasting a major petrochemical company for allegedly blocking a crucial investigation of a sulfuric acid release at a California refinery that they say seriously injured two workers, but the company refutes the suggestion it is improperly preventing a probe and says the Chemical Safety Board (CSB) lacks jurisdiction in the matter.