Baltimore Gas and Electric Fined Over $437,000 for Safety Violations in a 2019 Gas Explosion

Maryland has fined Baltimore Gas and Electric (BGE) for over $437,000 on January 7th, 2021, for safety violations related to a 2019 gas explosion at a Columbia office park. The state has also ordered the utility company to follow through on a remediation plan to upgrade gas lines for more than 1,250 buildings, which could cost around $17 million to prevent future accidents. 

The Public Service Commission of Maryland (PSC) revealed that BGE violated numerous state and federal statutes and regulations. They were ordered to pay two installments of $218,647, and it must be paid within 15 business days. BGE released a statement noting that they have 57 projects currently and have been working to improve 253 gas and electric common service trenches configured the same as those in the explosion. They expect to complete all of the projects by the end of 2021. 

BGE also plans to upgrade an additional 1,000 buildings with smaller-diameter gas pipes, using new practices designed to restrict gas service when the gas flow exceeds certain limits. They expect the upgrades to be completed by the end of 2023. All of these projects will ensure the safe and reliable operations of the BGE system so that future accidents can be prevented.

EPA Issues Final Rules to Reduce Exposure to Five PBT Chemicals

The US Environmental Protection Agency (EPA) released final rules under the Toxic Substances Control Act (TSCA) that will reduce exposure to five chemicals that are persistent, bioaccumulative, and toxic (PBT). The FDA released a statement that “PBT chemicals are of particular concern not only because they are toxic but also because they remain in the environment for long periods and can build up or accumulate in the body.” These agency efforts can be an essential step to protect the health of children, workers, and fishers in America. 

The finals rules will limit or prohibit the manufacturer, processing, and distribution in commerce of the following five chemicals:

  • Decabromodiphenyl ether (DecaBDE)

  • Phenol, isopropylated phosphate 3:1 (PIP (3:1))

  • 2,4,6-tris(tert-butyl) phenol (2,4,6-TTBP)

  • Hexachlorobutadiene (HCBD)

  • Pentachlorothiophenol (PCTP)

DecaBDE

DecaBDE is toxic to aquatic invertebrates, fish, and terrestrial invertebrates. There have been reports of the chemical having developmental, neurological, and immunological effects. 

Even though many uses of decaBDE have ceased, EPA has concluded that humans or the environment are likely exposed to decaBDE under certain conditions. 

Acceptable uses include: 

  • Manufacture, processing, and distribution in commerce for use in curtains in the hospitality industry.

  • Processing and distribution in commerce for use in wire and cable insulation in nuclear power generation facilities.

  • Manufacture, processing, and distribution in commerce for use in parts for new aerospace vehicles, and distribution in commerce of the new vehicles containing such parts

  • Manufacture, processing, and distribution in commerce for use in replacement parts in motor vehicles, and distribution in commerce of the replacement parts themselves.

PIP (3:1)

PIP (3:1) is toxic to aquatic plants, aquatic invertebrates, sediment invertebrates, and fish. There is potential for reproductive and developmental effects, neurological effects, and effects on systemic organs, specifically adrenals, liver, ovaries, heart, and lung. 

Acceptable uses include: 

  • Processing and distribution in commerce for use in aviation hydraulic fluid in hydraulic systems and use in specialty hydraulic fluids for military applications

  • Processing and distribution in commerce for use in lubricants and greases;

  • Processing and distribution in commerce for use in new and replacement parts for the aerospace and automotive industries;

  • Processing and distribution in commerce for use in specialized engine air filters for locomotive and marine applications;

  • Processing and distribution in commerce for use in sealants and adhesives; and

2,4,6-TTBP

2,4,6-TTBP is toxic to aquatic plants, aquatic invertebrates, and fish and also has the potential for liver and developmental effects.

The EPA prohibits the distribution in commerce of 2,4,6-TTBP and products containing 2,4,6-TTBP at concentrations above 0.3% by weight in any container with a volume of fewer than 35 gallons. In order to effectively prevent the use of 2,4,6-TTBP as a fuel additive or fuel injector cleaner by consumers and small commercial operations (e.g., automotive repair shops, marinas).

HCBD

HCBD is toxic to aquatic invertebrates, fish, and birds and has been identified as a possible human carcinogen. Data indicate the potential for renal, reproductive, and developmental effects.

The EPA is prohibiting the manufacturing (including import), processing, and distribution in commerce of HCBD and HCBD-containing products or articles, except for the unintentional production of HCBD as a by-product during the production of chlorinated solvents, and the processing and distribution in commerce of HCBD for burning as a waste fuel.

PCTP

PCTP is toxic to protozoa, fish, terrestrial plants, and birds. Data for analogous chemicals (pentachloronitrobenzene and hexachlorobenzene) indicate the potential for liver and reproductive effects. However, no animal or human hazard data have been identified.

The EPA prohibits manufacturing (including import), processing, and distribution in commerce of PCTP and products or articles containing PCTP unless PCTP concentrations are at or below 1% by weight.

Trade Unions Calling on European Commission to Take More Action to Secure Workers’ Safety in Regards to COVID-19

Many companies are concerned that COVID-19 is not only a public-health issue but becoming an occupational health issue, as the workplace provides fertile ground for high transmission rates of the virus. If the European Union (EU) fails to guarantee workers’ health and safety, it will be more challenging to recover from the crisis. Trade unions are calling on the European Commission to formally recognize COVID-19 as an occupational disease. 

The European Trade Union Institute has provided evidence that the EU government is not doing enough to counter workplace risks from the pandemic, failing to provide adequate protective equipment for high-risk, front-line carers or implementing full safety measures for workers in healthcare, transport, retail, and other sectors. A survey on European Working Conditions found that people working from home are twice as likely to work 48 hours or more and six times more likely to work in their free time than others, which puts workers at a higher risk for anxiety to affect their mental health. About three in every five workers in the European Union report musculoskeletal disorders (MSDs), based on data from the sixth European Working Conditions Survey.  This has led the EU-OSHA to launch a campaign to offer tools and resources to help employers tackle MSDs effectively at any workplace in Europe. The campaign highlights three priority areas focusing on MSDs prevention, facts and figures, and chronic conditions, which all cover a specific topic related to MSDs. 

The deputy general secretary of the European Trade Union Confederation states that a new updated EU strategic framework should address many mobile and migrant workers’ living and working conditions in Europe. This will also ensure that employers fulfill their obligations to provide safe, hygienic workplaces and accommodations, with the EU-OSHA and the European Labour Authority. 

European OSHA Launches Free Online Risk Assessment Tool (OiRA) to Identify and Manage Risks

The European OSHA has updated their free online interactive risk assessment tool (OiRA) to help identify and manage risks that could contribute to safety and health hazard to workers in small and micro enterprises (SME) to protect their workers. The website lists several different tools for industries such as construction, butchers, bakeries, road transport, and tools for understanding and limiting the spread of COVID-19. 

Because manufacturing has a wide range of occupational safety and health risks, due to heavy machinery, exposure to substances, and ergonomic factors, the European Agency for Safety and Health at Work along with the National Research and Safety Institute in France developed the OiRA tool to help businesses in the industry to follow health and safety guidelines required by legislation. The Belgian focal point held a successful introductory seminar on November 25th, 2020. The speakers discussed the risks present in the workspace and how to identify and manage them using OiRA. The Greek focal point, along with the Athens Chamber of Commerce and Industry (EBEA), will be hosting another seminar on December 8th in Athens to bring more awareness to OiRA and basic training about using the tools. 


OHSA Presents New COVID-19 Guidelines and Restrictions Addressing Workplace Ventilation and Safety for Employers

Throughout the pandemic this year, the Occupational Safety and Health Administration (OSHA) has been criticized for lax regulations in several industries including meatpacking. Since the beginning of the coronavirus pandemic through October 29th, 2020, OSHA has issued citations from 179 inspections for violations of work safety, and penalties totaling $2,496,768. Some of the violations include failure to: 

implement a written respiratory protection program, report an injury, illness, or fatality, provide medical evaluation, and training on the correct use of personal protective equipment. 

A complaint was filed in April describing the insufficient precautions at a Maid-Rite meatpacking plant in Dunmore, PA. The company failed to notify workers about the potential exposure to COVID, and OSHA designated that meatpacking facilities to be only “medium risk” and would not rush to conduct a formal inspection. Because of this OSHA has come under intense criticism this year, and a lawsuit from Maid-Rite was filed in July. 

In response to this, OSHA has issued guidance and a one-page document to help employers understand which regulations are cited most during coronavirus-related inspections. The guidance includes a description of the violations and available resources to better ensure that employers are adequately protecting workers. 

OSHA also published new guidance on ventilation in the workspace, which recommends that employers work with heating, ventilation, and air conditioning (HVAC) professionals to improve ventilation in a building to lower the potential risk of COVID-19 exposure.  Some of the tips to improve ventilation that OSHA recommends includes:

  • Encourage workers to stay home if they are sick

  • Remove personal fans to prevent blowing air from one person to another worker 

  • Open windows or other sources of fresh air if possible 

  • Increase the HVAC outdoor air intake 

  • Ensure exhaust fans in restrooms are fully functional and set to always remain on.