Good Friday morning,

SAFETY’S HIGH POLITICAL PROFILE: Lawmakers in Washington are dealing with workplace safety and health issues with a highly uncommon flurry of activity. Right now it’s all about hearings, righteous rhetoric, and promises of reform. Whether any concrete new laws or regs come of Congressional concerns is up in the air.
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This past Wednesday the House Education and Labor Committee held a hearing on Gulf cleanup worker safety and worker safety protections on offshore oil rigs like the Deepwater Horizon.
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“The Deepwater disaster clearly demonstrates that the status quo is not good enough. We must do better,” said committee chair U.S. Rep. George Miller (D-CA).
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OSHA’S GULF COAST WORKLOAD
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OSHA chief Dr. David Michaels testified at Wednesday’s hearing. “Currently it is estimated that there are more than 33,000 people involved in the response, including over 13,000 cleanup workers employed by BP or its contractors, 1,600 National Guardsmen and women, workers on over 6,000 boats supporting the response operations, and more than 1,800 Federal employees directly involved in the cleanup operations in four states,” said Dr. Michaels.
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“Every day, OSHA has over 146 professionals protecting workers throughout the Gulf Region, 25 of whom are assigned solely to the Oil Response Cleanup. As of June 11th, OSHA staff had made over 1,000 site visits, both unannounced and coordinated with BP, covering all 17 staging areas, and the active worksites on shore or at sea.
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”When OSHA finds a safety problem or learns of one from workers, we notify BP so that the specific problem and similar concerns are addressed across the entire response area.. At this point, OSHA has… not had to issue citations or propose civil penalties to obtain compliance. That option remains available, however, should we determine that it is necessary.”
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SPOTLIGHT ON HEAT STRESS
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Dr. Michaels: “One of the most serious health hazards facing those involved in the Gulf Oil Spill Response is heat stress. There have already been over 100 incidents of illnesses from heat among workers involved in the cleanup, some very serious.”
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With the start of summer this week, heat stress is a working concern for employers across the U.S. The Gulf disaster brings the dangers of heat stress front and center.
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Since no OSHA regs formally require employers to take actions to prevent employee heat stress, industry’s practices are haphazard. In an ISHN webinar this Wednesday on preventing heat stress, regular heat stress monitoring was shown to be a rarity, according to a poll of webinar attendees.
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BP has implemented a heat stress plan for people working in cleanup operations that many employers should consider:
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The plan includes a matrix setting out specific work/rest requirements based on the heat and relative humidity, and whether workers are wearing protective clothing and equipment-which can exacerbate the hazard.
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Other aspects of the heat stress plan ensure that:
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Workers are trained in the hazards of heat and the precautions necessary to prevent heat stress.
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Work begins early in the day to take advantage of cooler temperatures.
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Shaded rest areas are provided at all work areas.
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Workers drink liquids and take rest breaks throughout their work shifts.
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Heat stress monitors are on site at all times to ensure the work/rest regimen is adhered to, that workers are drinking enough to stay fully hydrated and that any workers exhibiting symptoms of heat related illness are immediately given fluids, rest and other appropriate care.
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MSHA OVERLOOKS DANGEROUS MINES
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The U.S. Department of Labor Inspector General on Wednesday reported it found serious problems how the federal Mine Safety and Health Administration identifies the nation’s most dangerous mines for tighter scrutiny.
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U.S. Reps. George Miller (D-CA), Nick Rahall (D-WV), Lynn Woolsey (D-CA), and Sen. Jay Rockefeller (D-WV) asked the Inspector General in April to investigate MSHA’s procedures after MSHA disclosed that a computer error excluded the Upper Big Branch Mine from being notified that the mine may be under a so-called ‘pattern of violations’ (POV) sanctions.
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“We will continue our rigorous oversight of mine safety, including introduction of significant reforms to our nation’s health and safety laws in the coming days,” said Miller.
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WHISTLE BLOWERS: PROCEED AT YOUR OWN RISK
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An article from the "Fair Warning" website was circulated via email this week on what one activist called “the completely disgraceful failure of California to protect whistle blowers in the state.”
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The failure extends beyond California. The article by Myron Levin describes the failure of both national and state governments to protect people who speak out about health and safety hazards on the job.
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Article excerpts:
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“Discrimination against whistleblowers is barred by the federal Occupational Safety and Health Act. States such as California that have taken primary authority over job safety also have responsibility for enforcing whistleblower protections.
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“But California is an outlier among the states. While the OSHA law specifies that whistleblower investigations be completed within 90 days, in California it takes more than 400 days on average to close a case — an eternity for a worker fighting to get his job back or be awarded lost pay. In each of the last five years, California ranked last or next to last among 24 states in time to complete investigations.
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“For example, it took an average of 484 days to complete the cases closed in California between October 1, 2008 and September 15, 2009. During the same period, for most other states the average time to complete investigations was 50 to 160 days. In states where federal OSHA still has primary responsibility, the average completion time for investigations is about 155 days, an OSHA spokesman said.
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“…about 20 percent of cases are resolved successfully for whistleblowers — through a settlement or favorable investigation findings — in California the success rate most years is 15 percent or less, according to U.S. figures.
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“While Cal/OSHA checks job sites in the state for compliance with health and safety rules, a sister agency — the state Division of Labor Standards Enforcement — has the job of investigating worker claims of retaliation for reporting safety violations or refusing to work under unsafe conditions. Roughly 200 of these complaints are logged per year.
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“The main reason investigations drag on so long is that there are five investigators to clear a large backlog and handle new complaints. The investigators generally have averaged 40 to 60 open cases at a time apiece, according to the labor standards division. Many cases wind up being tossed out as “abandoned’’ because complainants have given up or can’t be found by the time investigators get to them.”
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POLL: OBAMA TOO PASSIVE ABOUT SPILL
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One-half of U.S. adults believe President Barack Obama's handling of the Gulf oil spill has been "too passive," according to a Zogby poll issued this week.
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How many CEOs are too passive in responding to workplace safety incidents or concerns raised by workers? We’d like to see a poll on that question.
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SHAME ON YOU
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OSHA "will use not just our normal inspection system, but regulation by shaming" against serial safety and health violators,” said agency boss Dr. David Michaels in a telephone press conference in Pittsburgh with Steelworkers President Leo Gerard and Mine Workers President Cecil Roberts.
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Dr. Michaels said the targets of shaming would be "those companies that aren't playing by the rules" on worker safety and health.
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"We have every right to call the CEO of any company and tell them what we want, and we will," Dr. Michaels said. And he urged workers to report violations.
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Will the CEO’s response be too passive? Will workers still report problems in light of weak whistle blower protections?
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OIL GUSHER WINNERS
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Of course the Gulf spill is a monumental tragedy, in terms of lost lives, lost incomes, and environmental destruction. But safety, or the lack of safety that leads to tragedy, always has perverse positive consequences for certain beneficiaries.
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Industrial hygienists are in the news now more than ever, or at least since the asbestos in schools scare in the 1990s.
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Manufacturers of heat stress prevention products, ranging from cooling vests to sweatbands to heat stress monitors and drinks to prevent dehydration, are seeing increased demand for products.
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Coal miners will benefit from increased demand for coal as an alternative to “dirty” oil.
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Some are calling the Deepwater Horizon disaster “the Trial Lawyers' Full Employment Act."
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Leadership and culture consultant gurus will have new ammo for speeches, webinars, articles and marketing as BP takes a shellacking — again — for its organizational cultural failings.