Health and Safety News

Volume 9, Issue 19

May 6, 2008
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Question of the Week

Use of Non-mandatory Respirators

Q. Some employees have asked to wear dust masks in a certain area of our facility, even though they are not exposed to any contaminants over permissible exposure limits. Our concern with allowing dust masks to be used is that some of the employees have beards that would interfere with the use of a dust mask. Can we allow employees who have beards to wear the masks?

A. Yes. In the scenario you have identified, the use of the respirator (i.e., filtering face piece, or dust mask) is voluntary, and the employees are working in a non-hazardous atmosphere. As a result, the respirator standards for fit-testing and maintaining a tight fit do not apply. Therefore, the fact that an employee's beard would interfere with the proper use of the dust mask is acceptable as long as this interference does not in and of itself create a hazard to the employee. It is important to note that since you are allowing the voluntary use of these respirators OSHA does require that you, the employer, provide the information contained in 29 CFR 1910.134, Appendix D to each employee who will be voluntarily using the respirator. [See 29 CFR 1910.134(c)(2)(i)]

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OSHA News, Rules, and Interpretations

04/30/2008—House Votes to Protect Workers from Dust Explosions at Industrial Work Sites

The U.S. House of Representatives passed legislation to help prevent combustible dust explosions like the one at the Imperial Sugar refinery in Port Wentworth, Georgia, on February 7 that killed 13 workers and injured more than 60 others.

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04/25/2008—U.S. Department of Labor's OSHA Cites Lyons, Georgia, Metal Fabricator With Four Safety Violations and Nearly $60,000 in Proposed Penalties

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has proposed $59,800 in penalties against Lyons Tool and Machine Inc. for four alleged safety violations following an inspection of its plant in March. The company has been cited for a willful violation of OSHA standards with a $56,000 proposed penalty for failing to provide machine guards on its mechanical power press. A willful citation is issued when an employer has shown an intentional disregard of, or plain indifference to, the requirements of the Occupational Safety and Health Act.

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04/22/2008—Westchester County, N.Y., Contractors Face $130,600 in Fines After Cave-in Hazard Spotted at Public Library Construction Site

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited four Westchester County contractors for allegedly violating excavation safety standards during the ongoing construction of the new public library in Briarcliff Manor, N.Y. A total of $130,600 in fines is proposed.

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04/22/2008—Senators Murray and Kennedy Call for GAO Investigation into Underreporting of Workplace Injuries and Illnesses

U.S. Senators Patty Murray (D-WA), Chairman of the Senate HELP Subcommittee on Employment and Workplace Safety, and U.S. Senator Edward Kennedy (D-[MA]), Chairman of the Senate Health, Education, Labor and Pensions Committee, asked the U.S. Government Accountability Office (GAO) to investigate whether the Occupational Safety and Health Administration (OSHA) is effectively working to ensure that employers are accurately reporting injuries and illnesses in the workplace.

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04/15/2008—U.S. Department of Labor's OSHA Fines Valero Energy Corp. in Port Arthur, Texas, More Than $100,000 for Alleged Safety Violations

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited Valero Energy Corp. and proposed penalties totaling $101,750 for alleged safety violations. OSHA issued the citations alleging 13 serious, two repeat and one other-than-serious violation following an investigation that began Oct. 16, 2007, at the company's Port Arthur refinery. The inspection was initiated as part of OSHA's National Emphasis Program for petroleum refineries. Valero, headquartered in San Antonio, has about 830 employees at its Port Arthur facility.

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04/11/2008—U.S. Department of Labor's OSHA Recognizes General Electric Environmental Services Facility in Lee's Summit, Missouri, for Safety and Health Excellence

The General Electric Environmental Services facility in Lee's Summit, Mo., has earned membership at the “star,” or highest, level of the prestigious Voluntary Protection Programs (VPP) of the U.S. Department of Labor's Occupational Safety and Health Administration. General Electric Environmental Services' 52 employees produce waterproof, breathable laminates and filtration material. A VPP recognition ceremony was held April 10 at the facility.

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CSB News

04/16/2008—Final CSB Report on EQ Hazardous Waste Fire Calls for New Fire Protection Standards and Improved Chemical Information for Emergency Planners
In a case study report released today on the October 2006 hazardous waste fire at the Environmental Quality Company (EQ), the U.S. Chemical Safety Board (CSB) called for a new national fire code for hazardous waste facilities and for improving the information provided to community emergency planners about the chemicals those facilities store and handle.

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2008 Training Catalog
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Managing Used Oil

May 20, 2008

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TSCA: Chemical Reporting & Recordkeeping

July 8, 2008

Managing Hazard Communication

July 22, 2008

Land Disposal Restrictions

Sept. 25, 2008

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