Health and Safety News

Volume 9, Issue 6

February 5, 2008

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Question of the Week

Walking-Working Surfaces

Q. Our facility stores large quantities of chemicals in storage tanks surrounded by a secondary containment wall. Connections and equipment for daily operation and inspection of the tanks are outside the wall. Employees only require access to the interior of the containment structure during monthly inspections and for occasional maintenance. Currently the containment area is accessed by way of a fixed ladder. Is this a case where stairs would be required?

A. Ladders and stairs are subsets of walking/working surfaces, as defined in OSHA standard 1910.24. When stairs are not required, fixed ladders may be used. Fixed industrial stairs shall be provided for access from one structure level to another:

Where operations necessitate regular travel between levels, and for access to operating platforms at any equipment which requires attention routinely during operations;

Where access to elevations is daily or at each shift for such purposes as gauging, inspection, regular maintenance, etc.;

Where such work may expose employees to acids, caustics, gases, or other harmful substances; or

Where for such work the carrying of tools or equipment by hand is normally required. [29 CFR 1910.24(b)]

Each containment structure, and the location and frequency of associated work activities must be evaluated on an individual basis to determine if any of the conditions of 29 CFR 1910.24(b) apply. If any of the above conditions are met in a workspace, then fixed industrial stairs are required.

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OSHA News, Rules, and Interpretations

01/30/2008—OSHA Seeking Nominations for National Advisory Committee on Occupational Safety and Health

The Department of Labor's Occupational Safety and Health Administration (OSHA) announced in the Federal Register that nominations are being accepted for persons to serve on the National Advisory Committee on Occupational Safety and Health. The committee was established under section 7(a) of the Occupational Safety and Health Act of 1970 to advise the Secretary of Labor and the Secretary of Health and Human Services on matters relating to the administration of the Act.

01/28/2008—OSHA Upgrades Its Small Business Assistance Web Site

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) recently unveiled an enhanced Office of Small Business Assistance (OSBA) website. The site includes an improved “Safety Pays” eTool and a new Spanish Language Safety link.

01/24/2008—Syracuse, New York, Concrete Products Manufacturer Faces $76,500 in U.S. Labor Department OSHA Fines for Repeat and Serious Hazards

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited Cranesville Block Co.'s Clark Division for 11 alleged serious and repeat violations of safety and health standards at its Syracuse concrete products manufacturing plant. The company faces a total of $76,500 in proposed fines following OSHA inspections prompted by an employee complaint.

01/23/2008—Confined Spaces in Construction

On November 28, 2007, OSHA published a Notice of Proposed Rulemaking (NPRM) titled “Confined Spaces in Construction.” The period for submitting written comments is being extended 30 days to allow parties affected by the rule more time to review the proposed rule and collect information and data necessary for comments.

01/09/2008—U.S. Labor Department's OSHA Cites Round Rock, Texas-based TECO-Westinghouse Motor Co. for Multiple Safety Violations Following Fatality

The alleged failure to protect employees from safety hazards has brought TECO-Westinghouse Motor Co. in Round Rock $118,350 in proposed penalties from the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) following a fatality at the facility in July 2007.

01/08/2008—Regulatory Flexibility Act Review of the Methylene Chloride Standard

OSHA is reopening the comment period for its review of the Methylene Chloride Standard under Section 610 of the Regulatory Flexibility Act and Section 5 of Executive Order 12866 on Regulatory Planning and Review.

01/02/2008—Fitzgerald, Georgia, Manufacturer Facing Over $71,000 in Penalties After Inspection by U.S. Department of Labor's OSHA

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has levied 12 safety violations with $71,750 in proposed penalties against Modern Dispersions South Inc.'s Fitzgerald, Ga., manufacturing facility. In June of [last] year, four of the company's 130 employees were hospitalized after a fire occurred while employees attempted to unclog a machine of carbon black powder and polyethylene pellets.

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CSB News

01/30/2008—One Year After Deadly Explosion at WV Convenience Store CSB Completes Testing of Key Valve—Agency Continues Its Examination of Safety Practices and Emergency Response
On the first anniversary of a fatal propane explosion at a West Virginia convenience store, the U.S. Chemical Safety Board (CSB) today announced that testing has been completed on a key propane valve and outlined other issues that will be examined in the final investigation report.

1/25/2008—CSB Concludes Field Phase of T2 Blast Investigation in Jacksonville, FL—Higher Number of Offsite Injuries Found
Investigators from the U.S. Chemical Safety Board (CSB) today concluded the initial field investigation of the fatal accident at T2 Laboratories Inc. Among investigators' findings thus far is that the number of people injured was more than double what was known immediately after the accident.

1/18/2008—CSB Announces Investigations into Acetylene Trailer Fires Will Be Carried Forward by the National Transportation Safety Board
The U.S. Chemical Safety Board (CSB) today announced that due to the National Transportation Safety Board's investigation of the incidents, the CSB will discontinue its investigations into the July 2007 fire and explosions at Southwest Industrial Gases Inc. in Dallas, Texas and the August 2007 trailer fire at Hughes Christensen in The Woodlands, Texas. The investigation being conducted by the National Transportation Safety Board (NTSB) will thoroughly deal with all aspects of trailer design and operating procedures.

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