February 28, 2011 - No. 02 In This Issue Utah Industrial Accident: Man killed at Tooele County rock quarry Toyota Recalls 2.17 Million Vehicles Over Pedal Entrapment NTSB to hold hearing on deadly San Bruno gas blast Some in Congress want to halt database that would let everyone report dangerous products OSHA timeline highlights 40 years of healthier workers, safer workplaces and a stronger America OSHA issues citations in worker's fatal fall US Labor Department's OSHA cites Stoughton, Mass., contractor for failing to provide cave-in protect Iran reports safety concerns at nuclear plant Scientist Questions Safety of Gulf Seafood OSHA Orders Company to Rehire Whistleblower, Pay $111,000 Utah Industrial Accident: Man killed at Tooele County rock quarry Stansbury Island, UT-A man was killed in an industrial accident at a Tooele County rock quarry on Thursday morning, February 24, 2011. The fatal workplace accident occurred at Bolinder Resources, located at 1830 Highway 112 at Stansbury Island just before 8:30 a.m., as reported by KSL.com. According to Tooele County police officials, Allan K. Sherman, 56, of Delta, apparently fell onto a conveyor belt that carries dirt and rocks to a crusher and became trapped. Sherman's body traveled about 25 feet on the belt, before he became stuck under a giant magnet. "They put an immediate stop to the tram at that point they found him, and he was already deceased," said Lt. Travis Scharmann. Responding emergency crews arrived at the scene where they found Sherman not breathing and without a pulse. A full investigation into the industrial accident is underway by police officials. The U.S. Occupational Safety and Health Administration (OSHA) and the Mining Safety and Health Administration are also investigating the workplace accident. http://www.justicenewsflash.com/ Back to Top Toyota Recalls 2.17 Million Vehicles Over Pedal Entrapment On Anniversary of CEO's Apology in Front of Congress, Toyota Announces Another Massive Safety Recall Toyota Pressed for Fines Over Pedal Issues"The National Highway Traffic Safety Administration reviewed more than 400,000 pages of Toyota documents to determine whether the scope of its recalls for pedal entrapment was sufficient," NHTSA Administrator David Strickland said in a statement to ABC News. "As a result of the agency's review, NHTSA asked Toyota to recall these additional vehicles, and now that the company has done so, our investigation is closed." Toyota is recalling vehicles of several different Toyota and Lexus models from 2004 to 2011, including more than 700,000 2010 RAV4s, the largest single batch of cars in the recall. More than 600,000 2009 4Runners were also recalled. "In the event that the floor carpet around the accelerator pedal is not properly replaced in the correct position after a service operation, there is a possibility that the plastic pad embedded into the floor carpet may interfere... [and] the accelerator pedal may become temporarily stuck in a partially depressed position rather than returning to the idle position," Toyota said in a statement on its website, explaining the recall of the 2007 GS 300. Each make and model listed was recalled for various floormat- or carpet-related safety issues. http://abcnews.go.com/ Back to Top NTSB to hold hearing on deadly San Bruno gas blast SAN BRUNO, Calif. (AP) -Federal safety regulators will hold a hearing this week in Washington, D.C. on the natural gas explosion that killed eight people in the San Francisco Bay area. The San Francisco Chronicle says 10 employees of Pacific Gas & Electric will testify at the three-day hearing that begins Tuesday. The National Transportation Safety Board will look into pipeline operation and regulation. The board also plans to release thousands of pages of documents stemming from the September blast in San Bruno that destroyed 38 homes. They are expected to include lab tests on the failed pipe. PG&E spokesman Joe Molica says the company looks forward to the hearing and believes it's vital to learn from the tragedy. The safety board plans to issue a final report on the disaster by September. Back to Top Some in Congress want to halt database that would let everyone report dangerous products WASHINGTON (AP) - It's something Nikki Johns wishes had been around before her infant son died in a drop-side crib: a centralized federal database of people's safety complaints about thousands of products, from baby gear to household appliances and more. "If I had known there had been children killed in drop-sides, it would have swayed me against them," says Johns, who lost her 9-month-old son, Liam, in a faulty crib that came apart at the side rail and trapped the little boy one night after his mom went to bed at their home in Citrus Heights, Calif., nearly six years ago. Johns, other parents who have tragically lost children, and consumer advocates are eagerly awaiting March 11, the formal launch date for the government database SaferProducts.gov, where people can share complaints of injury or worse from everyday products such as cribs, high chairs, space heaters and toasters. But the database, overseen by the Consumer Product Safety Commission, isn't universally popular. Manufacturers and some members of Congress fear such a "crowdsourced" website will be bloated with bogus, inaccurate or misleading reports. One of those lawmakers, freshman Rep. Mike Pompeo, R-Kan., sponsored an amendment approved in the House last week to withhold additional funding for the database, which could bring the project to a halt. Prospects for his amendment in the Democratic-led Senate aren't clear. Anyone can submit a "report of harm" to the SaferProducts.gov database. They aren't required to have first-hand knowledge of the alleged injury or potential defect that could lead to injury. The reports are reviewed by commission staff to make sure basic information is provided - name, contact information, product, injury and approximate date, though personal information will be scrubbed before the report hits the database. The manufacturer is informed of the complaint and has 10 days to respond before the report is made public. CPSC says reports that have missing or clearly untrue information won't be published. Plenty of safeguards exist to ensure accuracy, insists CPSC Commissioner Bob Adler, a Democrat and database supporter. Not only will manufacturers be allowed to publish any rebuttal along with the complaint, Adler said the commission will remove or attempt to correct any information that is found to be false. "A report of harm comes in with a set of allegations and then the manufacturer is free to respond as fully as they wish," Adler said in an interview. "The consumer gets to be the ultimate judge instead of having the government be the data nanny." Pompeo and other opponents say that's not enough to prevent false information about a product from showing up in the database, damaging its sales and misleading consumers. "The agency's rule would require it to post false information about products, which would actually steer consumers away from safe products and toward less safe products," says Pompeo. Before the database goes public, Pompeo wants stronger rules about who can file injury reports and the kind of details they need to provide in order to guarantee the accuracy of the information. The U.S. government has a similar auto safety database, also available to consumers online, that describes people's safety complaints in extraordinary detail. It is the government's principal early warning system intended to alert federal investigators to signs of looming safety problems. Yet despite efforts by the National Highway Traffic Safety Administration to review consumer complaints before they're memorialized in the government's database, an AP review of 750,000 records last year found that the data included complaints about slick pavement during snow, inconsiderate mechanics, paint chips, sloshing gasoline during fill-ups, potholes, dim headlights, bright headlights, inaccurate dashboard clocks and windshield wipers that streak. Another dispute involves the CPSC database's cost. The database was ordered by Congress as part of a 2008 product safety law aimed at removing lead and other dangers from toys, and last April the commission estimated it would cost about $20 million. That estimate included a major technology upgrade of antiquated computer systems that the agency said at the time was essential to providing a foundation for the searchable database. Last week, however, at a House hearing on consumer safety issues, CPSC Chairman Inez Tenenbaum, a Democrat, put the total cost for the database to date at only $3 million. That was news to fellow commissioners at the agency, some of whom had seen budget projections as high as $29 million for the database and technology improvements. "There was never a $3 million amount. It's not in any paper. That was news to everyone," CPSC Commissioner Anne Northup, a Republican and former member of Congress who also testified at the hearing, said in an interview. "It's impossible to separate the database money from the IT money." Tenenbaum declined to comment. Her office said it stands by the $3 million figure for the database, adding that an additional $20 million has been spent on the technology upgrade supporting the new database and other agency data systems. Back to Top OSHA timeline highlights 40 years of healthier workers, safer workplaces and a stronger America WASHINGTON - An interactive timeline commemorating 40 years of progress protecting the safety and health of working men and women illustrates milestones from the Occupational Safety and Health Administration and its state partners' efforts to reduce injuries, illnesses and deaths. The Occupational Safety and Health Act was signed into law by President Nixon on Dec. 29, 1970. On April 28, 1971, the Occupational Safety and Health Administration was created. In the four decades since OSHA was created, the nation has made dramatic progress in reducing work related deaths and injures. "We hope you will join us in this anniversary year as we recognize OSHA's accomplishments and reaffirm our dedication to the agency's mission," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "Help us celebrate four decades of healthier workers, safer workplaces, and a stronger America." OSHA invites the public to visit the timeline and explore 40 years of progress in workplace health and safety. Visit the OSHA at 40 Web page to read Assistant Secretary Michaels' Anniversary Message about OSHA's journey during the past 40 years and priorities for the future, and learn about activities throughout the year to celebrate OSHA's accomplishments. Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to assure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov. Back to Top OSHA issues citations in worker's fatal fall BLAIR, WI - The U.S. Department of Labor's Occupational Safety and Health Administration has issued Associated Milk Producers of Blair and Bechel Bros of Plum City one willful safety citation each for failing to provide fall protection for workers. Associated Milk has received additional citations. All citations stem from an investigation prompted by the Aug. 23 death of a Bechel Bros driver who fell from a delivery truck at an Associated Milk Producers' intake facility in Blair. Serious citations also have been issued to seven other milk transporters for failing to provide fall protection. "Associated Milk Producers and Bechel Bros. willfully ignored the law and failed to provide adequate fall protection for employees at the Blair intake facility. Associated Milk Producers has demonstrated an awareness of the OSHA requirement by installing adequate fall protection at its 12 other Midwest intake facilities," said Mark Hysell, the agency's area director in Eau Claire. "Additionally, seven other milk hauling companies failed to protect their workers from falls during the intake process and while cleaning milk trailers. Employers are responsible for knowing what hazards exist in their workplaces and ensuring that workers are not exposed to risks that could result in injury or death." OSHA issued the willful citation to Associated Milk Producers for allegedly failing to fully implement and properly install fall protection for workers performing milk unloading operations. Additionally, two serious citations were issued for not providing training, evaluation and certification for operators of powered industrial vehicles. The cooperative faces fines of $72,500 as a result of the investigation. OSHA also issued Bechel Bros. one willful citation alleging that the company failed to provide proper fall protection while requiring its workers to wash out milk trailers from above. A worker died from injuries sustained after falling more than 10 feet from the top of a truck. The proposed penalty for failing to provide proper fall protection is $14,000. http://www.leadertelegram.com/news/daily_updates/article_37662d74 -435f-11e0-b5c2-001cc4c03286.html Back to Top US Labor Department's OSHA cites Stoughton, Mass., contractor for failing to provide cave-in protection at Revere, Mass. US Labor Department's OSHA cites Stoughton, Mass., contractor for failing to provide cave-in protection at Revere, Mass., jobsite for failing to provide cave-in protection at Revere, Mass., jobsite ANDOVER, Mass. - The U.S. Department of Labor's Occupational Safety and Health Administration has cited A.A. Will Corp. $69,300 for alleged willful and repeat violations of workplace safety standards following an inspection of a worksite located at the Massachusetts Bay Transportation Authority's Wonderland Station in Revere. The Stoughton contractor was installing electrical vaults in the station's parking lot. OSHA's nighttime inspection, initiated in response to a complaint about unsafe conditions, found A.A. Will Corp. employees working in a trench deeper than 5 feet that lacked protection against collapse of its sidewalls. The trench also lacked a ladder or other means for the workers to exit in the event of a cave-in or other emergency. "The unprotected walls of an excavation can collapse in seconds, crushing workers beneath tons of soil and debris before they have a chance to react or escape. Employers must never allow an employee to face such a dangerous situation," said Jeffrey A. Erskine, OSHA's area director in Middlesex and Essex counties. "Employers also should not assume that they are exempt from an OSHA inspection when they work at night. Worker safety is a priority that extends beyond nine to five hours." As a result of its findings, OSHA issued the company one willful citation with a proposed fine of $61,600 for lacking cave-in protection, and one repeat citation with a fine of $7,700 for lacking an exit ladder. The repeat citation stems from OSHA having cited the employer in February 2010 for a similar hazard at a Boston worksite. A willful violation exists when an employer has demonstrated either an intentional disregard for the requirements of the law or plain indifference to employee safety and health. A repeat citation is issued when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years. OSHA standards require that all trenches and excavations 5 feet or deeper be protected against collapse. Detailed information on hazards and safeguards related to trenching and excavation is available online at http://www.osha.gov/SLTC/trenchingexcavation/index.html. A.A. Will Corp. has 15 business days from receipt of its citations and proposed penalties to comply, meet with the OSHA area director or contest the findings before the independent Occupational Safety and Health Review Commission. This inspection was conducted by OSHA's Andover Area Office; telephone 978-837-4460. To report workplace incidents, fatalities or situations posing imminent danger to workers, call the agency's toll-free hotline at 800-321-OSHA (6742). Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov. http://www.manufacturing.net/News/ Back to Top Iran reports safety concerns at nuclear plant Fuel rods are being withdrawn from the Bushehr facility because of safety concerns. Some experts have expressed fear of risk of a Chernobyl-like accident at the plant. Washington - Fuel that would power Iran's first nuclear energy facility is being removed from the reactor this weekend because of unspecified safety concerns, Iranian officials have disclosed, a setback for the country's controversial nuclear program. A short statement late Friday from Iran's representative to the United Nations nuclear monitoring agency said fuel rods were being withdrawn from the Bushehr power plant, which has been under construction since the mid-1970s and is a symbol of pride for the Iranian government. "Based on the recommendation of Russia, which is in charge of completing the Bushehr power plant, the fuel inside the reactor core will be taken out for a while to conduct some experiments and technical work," Iran's envoy to the International Atomic Energy Agency, Ali Asghar Soltanieh, told Iran's ISNA news agency. The statement provided no further details and drew wide speculation about the nature of the problems at the plant. The announcement was made on the same day that the IAEA released a report on Iran's nuclear program that said Tehran "is not cooperating with the agency regarding the outstanding issues which give rise to concern about possible military dimensions to Iran's nuclear program." For example, the report said, Iran is still not providing information about locations of projects and equipment acquired. The U.S. and its allies suspect that Iran is trying to develop atomic weapons; Iran says its program is for peaceful purposes only. Even Tehran's effort to generate power has alarmed some nuclear watchdog organizations because some scientists, citing the aging equipment at the plant, fear there is a risk of a Chernobyl-like accident at Bushehr. "On one hand, it's encouraging that they pulled the plug," said Edwin Lyman, a senior scientist in the global security program of the Union of Concerned Scientists. "We have had concerns about the safety of this reactor and continue to urge the international community to examine its operations." The Bushehr project could be delayed for weeks, months or even years depending on the nature of the problem, he said. In 2010, the IAEA noted that the facility was understaffed. "It's possible they may have taken shortcuts," which could lead to a variety of problems, Lyman said. He speculated that the rods may have been contaminated by metal particles from rusted pipes. Scientists have also posited that the reactor core could be cracked or otherwise damaged, which would require removal of the rods and extensive repairs. Some have wondered whether the fuel rod problem is related to the Stuxnet malware program, a worm that penetrated some computers associated with uranium enrichment programs in Iran. http://www.latimes.com/news/ Back to Top Scientist Questions Safety of Gulf Seafood Fishermen and restaurants are still struggling to rebound from last year's gulf oil spill. But is the seafood they harvest and sell really safe too eat? KATC's Maddie Garrett set out to find the answers from two of the leading experts in Louisiana's seafood industry and environmental sciences. "What we're concerned about is that people are going to be consuming seafood that contains contaminates," said Dr. Wilma Subra. Subra is a chemist and environmental consultant in New Iberia. She has served as the Vice Chair of the Environmental Protection Agency (EPA) National Advisory Council for Environmental Policy and Technology (NACEPT). And was a consultant to the Obama Administration during the Deepwater Horizon oil spill. She is concerned about cancer-causing chemicals called Polynuclear Aromatic Hydrocarbons, or PAH's. And after the oil spill, the Food and Drug Administration (FDA) raised the allowable amounts of those chemicals in the seafood they test. "And FDA established these levels specifically for the spill and in some cases they are ten times higher than the levels that were already on the books," said Subra. After a 1999 tanker spill off the coast of Oregon, the FDA set levels of concern for PAH's at 34 parts per billion. After the BP spill in 2010, the FDA set the risk level from 134 - 143 parts per billion. Subra also said the FDA established unrealistically small portion sizes for risk levels, such as 4 - 6 jumbo shrimp a meal for a 175 lb person. "The FDA levels of concern do not represent the consumption rate along the coast," said Subra. But many organizations flat out disregard Subra's concerns. "We've got one scientist who's been described, her science has been described as junk science by the head person, the head scientist at the FDA," said Ewell Smith, Executive Director of the Louisiana Seafood Promotion and Marketing Board. Smith and the LSPMB have worked closely with the EPA, Department of Health and Hospitals and the FDA during and since the oil spill. "So we've got a small army of some of the best scientists in the country who keep coming back and saying all of the seafood that's been tested is fine," he said. As for those portion sizes, Amith said the FDA is just being conservative, and sites a recent Louisiana Department of Wildlife and Fisheries study that states people would have to consume extreme amounts of seafood to reach the FDA's levels of concern for oil contamination. He said this discredits Subra's worries. When asked if he was concerned about Subra's findings, Smith said, "The only thing that concerns me with her is it just plants a seed of doubt in every body's mind. One nugget of negative news can overshadow all the good news." But Subra still speaks up, even if no one wants to hear what she has to say. "This is being cautious, this is being protective of the health of people," said Subra. "If it doesn't change people are going to be made sick." Subra said she wants the FDA and EPA to increase testing of gulf seafood. And warns that documenting when people get sick from eating oil contaminated seafood could be difficult, because most people may not realize it was the seafood that made them feel bad. Subra said when eating seafood, make sure it comes from a reliable source and notify the authorities if you do get sick. But Smith rebuttled, saying testing is rigorous and will continue for many years to come. "There's no benefit for us to put a bad product out on the market, that would be absolutely foolish for us to do," said Smith. Smith admits perception remains their biggest challenge, with a recent study showing 70% of Americans are still afraid to eat gulf seafood. But, if Subra's findings prove right in the end, they'll have bigger issues than an image problem. http://www.katc.com/news/scientist-questions-safety-of-gulf-seafood/ Back to Top OSHA Orders Company to Rehire Whistleblower, Pay $111,000 In February 2009, after repeatedly complaining to a supervisor about mechanical problems with a truck, the supervisor agreed to the complainant's suggestion to leave work and return when the truck was repaired. The next day, the complainant's employment was terminated. Feb 27, 2011 OSHA has ordered United Auto Delivery and Recovery/Memphis Auto Auction to reinstate a former truck driver who was fired in violation of the whistleblower provisions of the Surface Transportation Assistance Act for repeatedly complaining to a supervisor about mechanical problems with a truck. OSHA is ordering the company to pay the worker more than $111,000 as compensation for back wages plus interest, compensatory damages, and punitive damages. The company is also required to delete any adverse references related to the discharge from the employee's personnel file and post a fact sheet informing employees of their rights. "Employees have the legal right to report unsafe driving situations, not only for their own safety, but also to protect the public from unsafe trucks on the roads," said Cindy Coe, OSHA's regional administrator in Atlanta. "OSHA will not allow trucking companies to retaliate against drivers who are exercising their rights." In February 2009, after repeatedly complaining to a supervisor about mechanical problems with a truck, the supervisor agreed to the complainant's suggestion to leave work and return when the truck was repaired. The next day, the complainant's employment was terminated. A whistleblower complaint was filed with OSHA, and an agency whistleblower investigator found that the complainant was terminated unlawfully. Either party to the case can file an appeal with the Labor Department's Office of Administrative Law Judges, but the complainant must immediately be reinstated regardless of whether the order is appealed. United Auto Delivery and Recovery/Memphis Auto Auction is a commercial carrier that provides vehicle repossession services in the Midwest, and sells and auctions recovered vehicles. Its headquarters are in Memphis, Tenn., and the company has approximately 50 non- union drivers. http://ohsonline.com/ Curt Lewis, P.E., CSP CURT LEWIS & ASSOCIATES, LLC