Executive Order Signed to Direct Federal Regulators to Issue Stronger Safety Guidance For Workplaces Operating Amid the Pandemic

Newly elected U.S president Joe Biden signed an executive order on Thursday, January 21st, that seeks to reorient workers’ safety guidelines and enforcement at the Labor Department’s workplace safety division - the Occupational Safety and Health Administration (OSHA). 

The new order on “Protecting Worker Health and Safety” directs OSHA to update COVID safety recommendations for businesses within the next two weeks, review its enforcement efforts, and study whether a temporary emergency standard is necessary. This executive order would be a shift from the Trump administration's more business and industry-focused approach and would put more emphasis on the predicament of workers. Throughout the early months of the COVID breakout, OSHA had relatively lax enforcement of workplace safety guidelines, which caused workers to form unions.

Biden’s executive order also calls for OSHA to train its enforcement apparatus on outbreaks. This is accomplished by launching a “national program to focus OSHA enforcement efforts related to COVID-19 on violations that put the largest number of workers at serious risk or are contrary to anti-retaliation principles”. It also directs the Department of Labor to conduct a multilingual outreach program to publicize the efforts better.

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.

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.

Wind Harmony: Seeking Your Views on the Health and Safety Issues of the Wind Energy Sector in the EU

The Wind Harmony project has just launched an online survey  to seek your views on the key health and safety issues currently facing the European wind industry, and potential solutions to those issues. The project seeks to understand where harmonisation or alignment at European level could reduce complexity, risk and cost, improve industry performance and lay the foundations for global wind industry standards.

The survey is open to everyone – including manufacturers, developers, operators, contractors (of all sizes), regulators, policy makers, national wind energy associations, researchers and technicians. Responses are anonymised and will feed directly into the next project workshop and inform the project’s final recommendations. The survey should take no more than 10 minutes to complete. The survey is also available in French, German and Spanish, and open until 2nd March 2020.

Access the survey 

You can also register for the 3rd workshop of the ‘Wind Harmony’ study that will take place on Friday 13th March (Paris). This workshop will validate the topics for potential harmonisation of health and safety and identify possible interventions for each of these topics based on expected improvements, cost reduction and overall efficiency. Check the detailed agenda and register here before 3rd March 2020.

More information on the project can be found at www.windharmony.eu .