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Last fall, Mr. Rosaulino Montano, 46, a worker on my campus at the George Washington University, died when he fell seven stories while installing windows on a new $75 million residence hall. Mr. Montano was an employee of Engineered Construction Products, and because his work-related death occurred at my place of employment, I was particularly interested in tracking the OSHA investigation until the case was closed. I wondered whether there was a “controlling employer,” such as a general contractor or even if my employer, GWU, and whether they had some responsibility for safety at the site.
Over the next few months, I used OSHA’s Establishment Search Page in an effort to monitor progress on the investigation, but consistently received the same unsatisfactory message: “Your Establishment search returned O results.”
The White House announced today 10 nominations for senior administration positions, including Mr. Joe Main to serve as the Assistant Secretary of Labor for Mine Safety and Health (MSHA). The biography provided with the announcement notes that he:
“… began working in coal mines in 1967 and quickly became an advocate for miners safety as a union safety committeeman as well as serving in various local union positions in the United Mine Workers of America (UMWA). He was employed by the UMWA in 1974 as a Special Assistant to the International President, and joined the UMWA Safety Division in 1976, serving as Safety Inspector, Administrative Assistant, and Deputy Director. In 1982 he was appointed Administrator of the UMWA Occupational Health and Safety Department, a position he held for 22 years, managing the international health and safety program and staff. “
In an article in the Louisville Courier-Journal reporting on Main’s nomination, mine worker advocate Tony Oppegard said:
“A year from today, you will see a very different agency in terms of the way it’s run.”
Here’s hoping for a speedy confirmation process [remember Senate Dem's, Bush's choice Mr. Dave Lauriski did not have a confirmation hearing] so Mr. Main can get to work.
Last week, OSHA’s area office in Wilmington issued citations to Valero Energy Corp’s Delaware City oil refinery, including four repeat* and nine serious violations of process safety management rules. Because Valero boasts that its “process safety program instills safety and reliabiity at every refinery,” how is it that they have been found with REPEAT violations of OSHA’s process safety management standard. A repeat violation means that Valero was cited previously for the same or substantially similar condition in the last three years.
OSHA conducted its inspection of the Valero Delaware City site under its National Emphasis Program (NEP) for ”Petroleum Refining Process Safety Management (PSM).” The NEP was launched in 2007 after OSHA was criticized for utterly failing to monitor in any comprehensive way employers’ compliance with the PSM standard. In fact, the Chemical Safety Board chair, Carolyn Merritt, alerted us to the matter, noting in May 2007 congressional testimony:
“…in the ten years from 1995 to 2005, federal OSHA only conducted nine [comprehensive process safety] inspections anywhere in the country, and none in the refinery sector.”
Friday (6/19) was the final day for participants from OSHA’s public hearing on its proposed cranes and derricks rule to submit comments to the agency; by my count, seven organizations responded. The Edison Electric Institute offered the lengthiest document (94 pages), and it was peppered with provocative language, such as
“…these and many other vexing questions arise from OSHA’s convulated proposed regulatory scheme.”
the rule “…would de-stabilize settled principles [and] would be highly ill-advised….could stimulate more litigation…and [create] an avalanche of state and local laws.”
What is EEI’s objection?
As we learned this week, Cal/OSHA and the OSH Appeals Board are in a state of disarray. A daring group of state employees have raised their voices in protest (see “CalOSHA inspectors demand change”) reminding us that dysfunction in their agency can translate into more injuries and illnesses for California’s workers. The collective action of these inspectors and staff is vital. So too is the sole voice of individuals who share their experience and insight.
Meet Jack Oudiz, who joined Cal/OSHA in 1985. Mr. Oudiz is retiring from Cal/OSHA and shares the following:
My statement is compelled by a sense of sadness and disappointment at leaving an organization that is in many ways much less effective than I found it nearly 25 years ago. The Division I leave today has veered so far away from its mission that it has begun to redefine that mission to justify its actions.
As the public health community mourns the loss of a great scientist and colleague, The Pump Handle would like to share some of what has been written about Kate Mahaffey. Please leave your own remembrances in the comments section below.
“I have known Kathryn as a colleague for more than a decade, but most recently have been impressed with her steadfast scientific integrity while at the U.S. Environmental Protection Agency. She always managed to honestly communicate scientific findings that while unpopular with some, were critically important to protecting public health. …Kathryn is a role model for the next generation of environmental public health practitioners. [The skills she developed were] often learned through ‘trial by fire’ and Kathryn has certainly experienced that, but has always maintained her scientific integrity grounded in the best science available.” Henry A. Anderson, MD, chief medical officer, state environmental and occupational disease epidemiologist, Wisconsin Division of Public Health.
It is with deep sadness we inform you of the sudden passing of Kathyrn R Mahaffey, PhD. Kate had an exceptional and diverse career, with appointments at FDA, NIOSH, NIEHS and EPA. Most recently, Kate served as a Professorial Lecturer at the George Washington University School of Public Health.
Her husband, David Jacobs offers the following remembrance and tribute to her significant contributions to the public’s health. Information about a memorial service appears at the end of this post.
Kathryn R. Mahaffey passed away peacefully in her sleep June 2, 2009 after decades of work that advanced the nation’s health and environment. She is remembered as a beloved wife, mother, scientist and community member who served as a source of inspiration with her principled and tireless intellect. She was the rare scientist who knew how to apply the lessons from academic research to protect the public heath. Her work changed the face of epidemic heavy metal poisoning, endocrine disruptors and many other environmental pollutants that afflict children, pregnant women and at-risk populations. Literally millions of children have avoided the tragedy of lead and mercury poisoning as a consequence of her work.
I think it was around Christmastime last year, while frantically traipsing through the mall in search of bargains, that an over-eager kiosk salesperson stepped into my path. Wonderful, I thought. Another person trying to sell me overpriced hand cream. I tried to go around her, hoping she’d get the hint—to no avail. Oddly, instead of launching into a speech about my unhealthy cuticles, she asked me if I was a smoker.
And that’s when I noticed she was selling e-cigarettes: plastic cigarettes that look almost exactly like the real deal. (They even puff out odorless vapor that looks strikingly like cigarette smoke.) She explained to me that these can be a great tool for quitting smoking, because they look and feel like cigarettes. “It’s just like smoking, but without the nasty health effects.”
What a cool idea, I thought. My father, a former (heavy) smoker, told me once that quitting smoking was a total nightmare for him. Why? Because he didn’t just crave the nicotine in the cigarettes; he craved the whole smoking ritual: taking that first puff of the day while sipping his coffee, taking breaks at work and chatting with his friends, etc, etc. Quitting smoking wasn’t just about omitting nicotine from his life; it was about changing his lifestyle.
From that perspective, e-cigarettes seem like a good way to ease the transition from smoker to non-smoker. They look like cigarettes, taste like cigarettes, and feel like cigarettes but the “smoker” is no longer exposed to 40+ human carcinogens multiple times a day. On top of that, e-cigarettes don’t produce that thick, noxious cloud of smoke that clings to your hair, skin, and clothing, and makes everyone around you cough. “I feel like this could save my life,” said one satisfied customer, who reported cutting her smoking from 3 packs a day to 1 ½ packs a day.(1)
But Katie Zezima of the New York Times astutely points out the dark side of these products—namely, that we don’t really know anything about how safe they are. Read the rest of this entry »
cross-posted from OMBWatch
Despite the Obama Administration’s consistent theme of creating a new, more open government, the Mine Safety and Health Administration (MSHA) has yet to prove it will comply with the Administration’s Freedom of Information Act (FOIA) policies. In its response to a 2008 FOIA request, MSHA refused to release information that has been consistently released in the past. An appeal of that response provides a test of the administration’s approach to implementing its openness policies.
On his first full day in office, President Barack Obama issued a memorandum about the use of FOIA, writing that the presumption regarding government disclosure should be:
“In the face of doubt, openness prevails.”
Two months ago, I applauded OSHA for announcing that its SBREFA panel meeting on a draft diacetyl proposed rule would be open to the public. Today, I feel schnookered. OSHA hosted its teleconference-meeting yesterday (5/19) and today (5/20) with specially-selected small employers, but failed to provide meaningful notice to allow the public to participate. Is a meeting really “public” if you don’t tell the public? Or is it really public if you only tell a select few?
Not in my book.
