VSRA News

Congressman Randy Forbes has accepted our invitation to speak to VSRA at our annual Holiday membership luncheon Tuesday, December 18th, subject to his legislative schedule.  The members look forward each year to receiving an update of the federal accomplishments and challenges.  Congressman Forbes will speak IF his legislative schedule permits.  As you are aware, vital appropriations bills for FY 08 have NOT been approved to date.  Congress is poised to act on these bills next week.  This may result in Congressman Forbes not being able to leave Washington to speak to us.

Bert Schmidt, President/CEO, WHRO/WHRV Public Radio and Television, has agreed to address the membership should Congressman Forbes be unable to attend.  We a grateful to have Mr. Schmidt agree to step in.  WHRO is undergoing a revolutionary change to digital broadcasting.  Bert will address that transformation, as well as the opportunities for VSRA to partner with public radio and television in critical workforce development efforts.

Of important interest is that our regional public broadcasting stations are owned principally by the regional school districts.  Partnering with WHRO in the future can greatly enhance our current outreach efforts in our area schools.

We look forward to seeing you next Tuesday to celebrate the season at the Portsmouth Renaissance Hotel, beginning at NOON.

The Environmental Protection Agency (EPA) issued an advance notice of proposed rulemaking (ANPRM) inviting comment on its plan to propose new air emission standards and other related provisions for new compression-ignition (diesel) marine engines with per cylinder displacement at or above 30 liters per cylinder.  The agency is considering standards for achieving large reductions in oxides of nitrogen (NOx) and particulate matter (PM) through use of technologies such as in-cylinder controls, aftertreatment, and low sulfur fuel, starting as early as 2011.  Comments should be submitted by March 6, 2008.  72 Fed. Reg. 69521  (December 10, 2007).

In December 2007, the Semi-Annual Regulatory Agenda of the Department of Labor (DOL) was published.  The agenda includes a number of issues that directly affect member shipyards. 

Title: Occupational Exposure to Crystalline Silica

Abstract: Crystalline silica is a significant component of the earth's crust, and many workers in a wide range of industries are exposed to it, usually in the form of respirable quartz or, less frequently, cristobalite. Chronic silicosis is a uniquely occupational disease resulting from exposure of employees over long periods of time (10 years or more). Exposure to high levels of respirable crystalline silica causes acute or accelerated forms of silicosis that are ultimately fatal. The current OSHA permissible exposure limit (PEL) for general industry is based on a formula recommended by the American Conference of Governmental Industrial Hygienists (ACGIH) in 1971 (PEL=10mg/cubic meter/(% silica + 2), as respirable dust). The current PEL for construction and maritime (derived from ACGIH's 1962 Threshold Limit Value) is based on particle counting technology, which is considered obsolete. NIOSH and ACGIH recommend a 50?g/m3 exposure limit for respirable crystalline silica. Both industry and worker groups have recognized that a comprehensive standard for crystalline silica is needed to provide for exposure monitoring, medical surveillance, and worker training. The American Society for Testing and Materials (ASTM) has published a recommended standard for addressing the hazards of crystalline silica. The Building Construction Trades Department of the AFL-CIO has also developed a recommended comprehensive program standard. These standards include provisions for methods of compliance, exposure monitoring, training, and medical surveillance. 

Agenda Stage of Rulemaking: Prerule Stage

CFR Citation: 29 CFR 1910; 29 CFR 1915; 29 CFR 1917; 29 CFR 1918; 29 CFR 1926

Status: Complete Peer Review of Health Effects and Risk Assessment 01/00/08

Title: Occupational Exposure to Beryllium

Abstract: In 1999 and 2001, OSHA was petitioned to issue an emergency temporary standard by the Paper Allied-Industrial, Chemical, and Energy Workers Union, Public Citizen Health Research Group and others. The Agency denied the petitions but stated its intent to begin data gathering to collect needed information on beryllium's toxicity, risks, and patterns of usage. On November 26, 2002, OSHA published a Request for Information (RFI) (67 FR 70707) to solicit information pertinent to occupational exposure to beryllium including: current exposures to beryllium; the relationship between exposure to beryllium and the development of adverse health effects; exposure assessment and monitoring methods; exposure control methods; and medical surveillance. In addition, the Agency conducted field surveys of selected work sites to assess current exposures and control methods being used to reduce employee exposures to beryllium. OSHA is planning to use this information to develop a proposed rule addressing occupational exposure to beryllium.

Agenda Stage of Rulemaking: Prerule Stage

CFR Citation: 29 CFR 1910

Status: Complete SBREFA Report 01/00/2008

Title: General Working Conditions for Shipyard Employment

Abstract: During the 1980s, OSHA initiated a project to update and consolidate the various OSHA shipyard standards that were applied in the shipbuilding, ship repair, and shipbreaking industries. Publication of a proposal addressing general working conditions in shipyards is part of this project. The operations addressed in this rulemaking relate to general working conditions such as housekeeping, illumination, sanitation, first aid, and lockout/tagout. About 100,000 workers are potentially exposed to these hazards annually.

Agenda Stage of Rulemaking: Proposed Rule Stage

CFR Citation: 29 CFR 1915 subpart F

Status: NPRM 11/00/07, Proposed Rule Expected to be Published in December 2007

Title: Walking Working Surfaces and Personal Fall Protection Systems (1910) (Slips, Trips, and Fall Prevention)

Abstract: In 1990, OSHA proposed a rule (55 FR 13360) addressing slip, trip, and fall hazards and establishing requirements for personal fall protection systems. Since that time, new technologies and procedures have become available to protect employees from these hazards. The Agency has been working to update these rules to reflect current technology. OSHA published a notice to re-open the rulemaking for comment on a number of issues raised in the record for the NPRM. As a result of the comments received on that notice, OSHA has determined that the rule proposed in 1990 is out-of-date and does not reflect current industry practice or technology. The Agency will develop a new proposal, modified to reflect current information, as well as re-assess the impact.

Agenda Stage of Rulemaking: Proposed Rule Stage

CFR Citation: 29 CFR 1910 subparts D and I

Status: NPRM 04/00/08

Title: Cranes and Derricks

Abstract: A number of industry stakeholders asked OSHA to update the cranes and derricks portion of subpart N (29 CFR 1926.550), specifically requesting that negotiated rulemaking be used. In 2002 OSHA published a notice of intent to establish a negotiated rulemaking committee. A year later, in 2003, committee members were announced and the Cranes and Derricks Negotiated Rulemaking Committee was established and held its first meeting. In July 2004, the committee reached consensus on all issues resulting in a final consensus document. 

Agenda Stage of Rulemaking: Proposed Rule Stage

CFR Citation: 29 CFR 1926

Status: NPRM 01/00/08

Title: Hazard Communication

Abstract: OSHA's Hazard Communication Standard (HCS) requires chemical manufacturers and importers to evaluate the hazards of the chemicals they produce or import, and prepare labels and material safety data sheets to convey the hazards and associated protective measures to users of the chemicals. All employers with hazardous chemicals in their workplaces are required to have a hazard communication program, including labels on containers, material safety data sheets (MSDS), and training for employees. Within the United States (US), there are other Federal agencies that also have requirements for classification and labeling of chemicals at different stages of the life cycle. Internationally, there are a number of countries that have developed similar laws that require information about chemicals to be prepared and transmitted to affected parties. These laws vary with regard to the scope of substances covered, definitions of hazards, the specificity of requirements (e.g., specification of a format for MSDSs), and the use of symbols and pictograms. The inconsistencies between the various laws are substantial enough that different labels and safety data sheets must often be used for the same product when it is marketed in different nations. The diverse and sometimes conflicting national and international requirements can create confusion among those who seek to use hazard information. Labels and safety data sheets may include symbols and hazard statements that are unfamiliar to readers or not well understood. Containers may be labeled with such a large volume of information that important statements are not easily recognized. Development of multiple sets of labels and safety data sheets is a major compliance burden for chemical manufacturers, distributors, and transporters involved in international trade. Small businesses may have particular difficulty in coping with the complexities and costs involved. As a result of this situation, and in recognition of the extensive international trade in chemicals, there has been a longstanding effort to harmonize these requirements and develop a system that can be used around the world. In 2003, the United Nations adopted the Globally Harmonized System of Classification and Labeling of Chemicals (GHS). Countries are now considering adoption of the GHS into their national regulatory systems. There is an international goal to have as many countries as possible implement the GHS by 2008. OSHA is considering modifying its HCS to make it consistent with the GHS. This would involve changing the criteria for classifying health and physical hazards, adopting standardized labeling requirements, and requiring a standardized order of information for safety data sheets. 

Agenda Stage of Rulemaking: Proposed Rule Stage

CFR Citation: 29 CFR 1910.1200; 29 CFR 1915.1200; 29 CFR 1917.28; 29 CFR 1918.90; 29 CFR 1926.59; 29 CFR 1928.21

Status: Complete Peer Review of Economic Analysis 11/00/07

By JON W. GLASS , The Virginian-Pilot
© December 4, 2007 | Last updated 9:03 PM Dec. 3

Four Hampton Roads defense contractors have been selected to compete for Navy ship repair contracts potentially worth $23.7 million to each firm over five years.

Picked from among 15 that submitted offers, the companies are East Coast Repair and Fabrication Inc. of Norfolk; QED Systems Inc. of Virginia Beach; and Tecnico Corp. and LPI Technical Services, both of Chesapeake.

The award allows the companies to compete for task orders involving a range of depot-level work on Navy and other military ships, submarines, boats and service craft.

The work involves repairs, alterations, troubleshooting and installation and removal of main and auxiliary hull, mechanical and electrical systems.

(Washington, D.C. - Nov. 29, 2007) Today, the U.S. Environmental Protection Agency issued plans for new emission standards for diesel engines on board large ocean-going vessels. The advance notice of proposed rulemaking reflects the approach set out in the U.S. Government's recent proposal to the International Maritime Organization and would require the use of high-efficiency aftertreatment technology and lower sulfur marine fuels to reduce NOx and PM emissions.

"Diesel ships are a global economic workhorse. By advancing clean diesel technology, this economic workhorse can become an environmental workhorse," said EPA Administrator Stephen L. Johnson. "Working with the International Maritime Organization, EPA is reducing emissions from the shipping sector – making ports across the world harbors of cleaner air."

The advance notice of proposed rulemaking targets emissions from the largest marine diesel engines. These "Category 3" marine engines are used primarily for propulsion power on ocean-going vessels, such as container ships, tankers, cruise ships and bulk carriers. As foreign trade grows and new emissions controls take effect on other transportation sources, emissions from these ships comprise an increasing share of the nation's pollution inventory.

The approach described in both the domestic and international initiatives would consist of performance-based standards for new and existing Category 3 engines, including:

· Tier 2 NOx limits for new Category 3 engines beginning in 2011 that would achieve a 15 to 25 percent NOx reduction.

· Tier 3 NOx limits for new Category 3 engines beginning in 2016 that would apply when ships are operating in U.S. ports and coastal areas and that would require the use of high efficiency catalytic aftertreatment emission control technology capable of reducing NOx emissions by 80 percent or more.

· NOx limits for existing engines (those built before Jan. 1, 2000) that would achieve a 20 percent NOx reduction; these standards would phase-in beginning 2010/2012

· PM and SOx performance standards beginning in 2011 that would apply to all vessels when they are operating in U.S. ports and coastal areas and that could be achieved through the use of low sulfur fuel or the use of exhaust gas cleaning technology.

EPA is providing 60 days for comments on the advance notice of proposed rulemaking. In addition, a schedule for this rulemaking was finalized today, setting a completion date of Dec. 17, 2009.

More information about the advance notice of proposed rulemaking, the timetable for rulemaking, and the government's proposal to the International Maritime Organization (which is presented as a series of amendments to Annex VI of the International Convention for the Prevention of Pollution from Ships) is available at: http://www.epa.gov/otaq/oceanvessels.htm

An extremely helpful draft OSHA manual, titled 'Managing Worker Safety and Health,' developed by the US Department of Labor, Occupational Safety and Health Administration, Office of Cooperative Programs, has been posted on the Web for the first time by the Missouri Department of Labor and Industrial Relations, FIND IT HERE - http://www.dolir.mo.gov/ls/safetyconsultation/ccp/.

What makes this document unique is that it is written in relatively plain, clear language. This document is a valuable resource to both EHS Managers and employees alike. I hope you find it useful.

Below is the forward to the manual....

FOREWORD

MANAGING WORKER SAFETY AND HEALTH explains OSHA's Safety and Health Program Management Guidelines: what they mean and how to implement each of the elements and their components in to a safety and health program appropriate for your worksite.

OSHA does not expect you to implement a complete program all at once.  This publication allows you to work on each program component individually if you so choose.  We are confident you will be able to develop a worksite safety and health program that protects your employees while conforming to the recommendations of the Guidelines.

As the title suggests, we anticipate that the primary readership of this manual will be business owners and managers, the audience also addressed by the Guidelines.  This is not however, a tool for employers exclusively.  Employees will find a great deal of information here that will help them become active, informed participants in worksite safety and health.  We have, therefore, packaged this document for ease in copying and handling.  Do not hesitate to make copies of relevant chapters for the employees we hope will be involved in developing your program.  By encouraging employee involvement in your program’s design and development, you will reap the benefits of your workers’ valuable ideas and their all-important support.

We hope you will begin using this information immediately to develop a safety and health program that protects your employees from injuries and illnesses, reduces workers’ compensation costs, improves employee morale, and increases worksite productivity.  Worksites across the nation have experiences these kinds of successes by basing their programs on the principles discussed in MANAGING WORKER SAFETY AND HEALTH.  These companies believe, as we do in OSHA, that a quality safety and health program is one of the major keys to business survival and individual well-being as we approach the 21^st century.