Occupational Injuries Reported at Lowest Level Since 2003

US BLS: (10/20/11) The total recordable cases nonfatal occupational injury and illness incidence rate among private industry employers declined in 2010 to 3.5 cases per 100 workers--its lowest level since 2003 when NAICS-based estimates from the Survey of Occupational Injuries and Illnesses were first published.


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Secretary of Labor Hilda L. Solis issued the following statement:

"We are encouraged by the reported decline in incidence rates for workplace injuries and illnesses, which is reflective of the joint effort of government, business, unions and other organizations. Nevertheless, 3.1 million injuries and illnesses in the workplace is too high. Serious injuries and illnesses can knock a working family out of the middle class. Workers should not have to sacrifice their health and safety to earn a paycheck.

"We remain concerned that more workers are injured in the health care and social assistance industry sector than in any other, including construction and manufacturing, and this group of workers had one of the highest rates of injuries and illness at 5.2 cases for every 100 workers. The Department of Labor's Occupational Safety and Health Administration will continue to work with employers, workers and unions in this industry to reduce these risks.

"Illness and injury rates for public sector workers also continue to be alarmingly high at 5.7 cases for every 100 workers, which is more than 60 percent higher than the private sector rate. We must continue to work with state and local governments to ensure the safety of our public employees.

"A report like this also highlights the importance of accurate record keeping. Employers must know what injuries and illnesses are occurring in their workplaces in order to identify and correct systemic issues that put their workers at risk. We are concerned with poor record-keeping practices and programs that discourage workers from reporting injuries and illnesses. That's why OSHA is working hard to ensure the completeness and accuracy of these data, which are compiled by the nation's employers.

"As our economy continues to rebound and grow, we must ensure that safety and health are a part of that growth. Let's all remember that no job is a good job unless it is also a safe job."

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• The Need to Incorporate Occupational Histories Into Electronic Medical Records (workers-compensation.blogspot.com)
• Public Sector Workers Much More Likely to Get Sick, Hurt at Work (blogs.wsj.com)
• Workplace Homicides And Suicides Fell in 2010 (blogs.wsj.com)
• Worker-On-Worker Violence Among Hospital Employees (workers-compensation.blogspot.com)

Worker-On-Worker Violence Among Hospital Employees

"Violence toward hospital workers is an internationally recognized occupational hazard. While patients are frequently perpetrators of physical violence, other employees are often responsible for acts of nonphysical violence. However, few hospitals have systems for documenting and monitoring worker-on-worker violence. This study encompassed all incidents of worker on- worker violence recorded by employees in a hospital system database over a six-year period. Incidence rates per 100 full-time equivalents (FTEs) and rate ratios (RR) were calculated by year, hospital, and job category. The majority (87%) of worker-on-worker incidents involved nonphysical conflict. The overall incidence rate was 1.65/100 FTEs, ranging among the six hospitals from 0.54 to 3.42/100 FTEs. Based on multivariate analysis, no single professional group was at increased risk for worker-on-worker violence. Co-worker violence threatens the well-being of hospital employees and should be regularly tracked with other forms of workplace violence so that suitable intervention programs can be implemented and assessed.

Worker-on-Worker Violence Vol 17 JOEH 4 Oct/Dec 2011

For over 4 decades the Law Offices of Jon L. Gelman  1.973.696.7900  jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.

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Now Available On-Line: Complete Letter Report On Incorporating Occupational Information in Electronic Health Records

Incorporating Occupational Information in Electronic Health Records: Letter Report

The National Academies Press

The National Academies Press (NAP) was created by the National Academies to publish the reports issued by the National Academy of Sciences, the National Academy of Engineering, the Institute of Medicine, and the National Research Council, all operating under a charter granted by the Congress of the United States. The NAP publishes more than 200 books a year on a wide range of topics in science, engineering, and health, capturing the most authoritative views on important issues in science and health policy. The institutions represented by the NAP are unique in that they attract the nation’s leading experts in every field to serve on their award-wining panels and committees. The nation turns to the work of NAP for definitive information on everything from space science to animal nutrition.

http://www.nap.edu/catalog.php?record_id=13207

Author:

David H. Wegman, Catharyn T. Liverman, Andrea M. Schultz, and Larisa M. Strawbridge, Editors; Committee on Occupational Information and Electronic Health Records; Institute of Medicine

84 pages PAPERBACK $35

Each year in the United States, more than 4,000 occupational fatalities and more than 3 million occupational injuries occur along with more than 160,000 cases of occupational illnesses. Incorporating patients' occupational information into electronic health records (EHRs) could lead to more informed clinical diagnosis and treatment plans as well as more effective policies, interventions, and prevention strategies to improve the overall health of the working population. At the request of the National Institute for Occupational Safety and Health, the IOM appointed a committee to examine the rationale and feasibility of incorporating occupational information in patients' EHRs. The IOM concluded that three data elements - occupation, industry, and work-relatedness - were ready for immediate focus, and made recommendations on moving forward efforts to incorporate these elements into EHRs.

Front Matter (R1-R10) 

Incorporating Occupational Information in Electronic Health Records (1-58) 

Appendix A: Workshop Agenda (59-64) 

Appendix B: Workshop Participants (65-68) 

Appendix C: Committee Biographies (69-74)

Recommendations:
Initial Focus on Occupation, Industry, and Work-Relatedness Data Elements

Recommendation 1: Conduct Demonstration Projects to Assess the Collection and Incorporation of Information on Occupation, Industry, and Work-Relatedness in the EHR

NIOSH, in conjunction with other relevant organizations and initiatives, such as the Public Health Data Standards Consortium and Integrating the Healthcare Enterprise (IHE) International, should conduct demonstration projects involving EHR vendors and health care provider organizations (diverse in the services they provide, populations they serve, and geographic locations) to assess the collection and incorporation of occupation, industry, and work-relatedness data in the EHR at different points in the workflow (including at registration, with the medical assistant, and with the clinician). Further, to examine the bidirectional exchange of occupational data between administrative databases and clinical components in the EHR, NIOSH in conjunction with IHE should conduct an interoperability-testing event (e.g., Connectathon) to demonstrate this bidirectional exchange of occupational information to establish proof of concept and, as appropriate, examine challenges related to variable sources of data and reconciliation of conflicting data.

Recommendation 2: Define the Requirements and Develop Information Models for Storing and Communicating Occupational Information

NIOSH, in conjunction with appropriate domain and informatics experts, should develop new or enhance existing information models for storing occupational information, beginning with occupation, industry, and work-relatedness data and later focusing on employer and exposure data. The information models should consider the various use cases in which the information could be used and use the recommended coding standards. For example, NIOSH should consider how best to use social history templates to collect a work history and the problem list to document exposures and abnormal findings and diagnoses with optional work-associated attributes for possible, probable, or definite causes; exposures; and impact on work.

Recommendation 3: Adopt Standard Occupational Classification (SOC) and North American Industry Classification System (NAICS) Coding Standards for Use in the EHR

NIOSH, with assistance from other federal agencies, organizations, and stakeholders (e.g., Bureau of Labor Statistics, Census Bureau, Council of State and Territorial Epidemiologists [CSTE], National Library of Medicine, National Institute of Standards and Technology, National Uniform Billing Committee, Health Level 7 International [HL7]), should recommend to the Health Information Technology (IT) Standards Committee the adoption of SOC and NAICS to code occupation and industry. Furthermore, NIOSH should develop models for reporting health data from EHRs by occupation and industry at different levels of granularity that are meaningful for clinical and public health use.

Recommendation 4: Assess Feasibility of Autocoding Occupational Information Collected in Clinical Settings

NIOSH should place high priority on completing the feasibility assessment of autocoding the narrative information on occupation and, where available, industry that currently is collected and recorded in certain clinical settings, such as the Dartmouth-Hitchcock health care system, Kaiser Permanente, New York State Occupational Health Clinic Network, Cambridge Health Alliance, and hospitals participating in the National Electronic Injury Surveillance System.

Recommendation 5: Develop Meaningful Use Metrics and Performance Measures

Based on findings from the various demonstration projects and feasibility studies, NIOSH, with the assistance of relevant professional organizations and the Health IT Policy Committee, should develop meaningful use metrics and health care performance measures for including occupational information in the meaningful use criteria, beginning with the incorporation of occupation, industry, and work-relatedness data, and later expanding as deemed appropriate to include other data elements such as exposures and employer.

Recommendation 6: Convene a Workshop to Assess Ethical and Privacy Concerns and Challenges Associated with Including Occupational Information in the EHR

NIOSH should convene a workshop involving representatives of labor unions, insurance organizations, health care professional organizations, workers’ compensation-related organizations (e.g., International Association of Industrial Accident Boards and Commissions, National Council on Compensation Insurance), and EHR vendors to 
.. assess the implications for the patient and clinician of incorporating work-relatedness in the EHR, with respect to workers’ compensation; and
.. propose guidelines and policies for protecting the patient’s non-workrelated health information from inadvertent disclosure and to ensure compliance with the Health Insurance Portability and Accountability Act, workers’ compensation, and other privacy standards.

Enhance the Value and Use of Occupational Information in the EHR

Recommendation 7: Develop and Test Innovative Methods for the Collection of Occupational Information for Linking to the EHR

NIOSH should initiate efforts in collaboration with large health care provider organizations, health insurance organizations, EHR vendors, and other stakeholders to develop and test methods for collecting occupational data from innovative sources. Specifically, NIOSH should evaluate collection methods that involve

.. patient input through mechanisms such as web-based portals and personal health records, and
.. other means such as health-related smart cards, health insurance cards, and human resource systems.

Recommendation 8: Develop Clinical Decision-Support Logic, Education Materials and Return-to-Work Tools

NIOSH, relevant professional organizations, and EHR vendors should begin to develop, test, and iteratively refine and expand

.. clinical decision-support tools for common occupational conditions (e.g., work-related asthma);
.. tools and programs that could be easily accessed for education of patients and caregivers about occupational illnesses, injuries, and workplace safety;
.. training modules for administrative staff to collect occupational information in different care settings; and
.. tools to improve and standardize functional job assessment and return- to-work documentation in EHRs, including standards for the transmission of these forms.

Recommendation 9: Develop and Assess Methods for Collecting Standardized Exposure Data

NIOSH should continue to work with occupational and environmental health clinics and other relevant stakeholders to develop and assess methods for collecting standardized exposure data for work-related health conditions. NIOSH should explore the feasibility of 

.. listing possible or probable exposures in the problem list or elsewhere in the EHR;
.. linking occupational information in the EHR to online occupational, toxicological, and hazardous materials databases, such as the Occupational Information Network (O*NET), the Association of Occupational and Environmental Clinics, and Haz-Map, to enhance diagnosis and treatment of work-related illnesses and injuries; and
.. automatically generating codes for exposures based on narrative text entries.

Recommendation 10: Assess the Impact of Incorporating Occupational Information in the EHR on Meaningful Use Goals

NIOSH, in conjunction with relevant stakeholders (e.g., Public Health Data Standards Consortium, CSTE, Association of State and Territorial Health Officials), should

.. develop measures and conduct periodic studies to assess the impact of integrating occupational information in EHRs, and
.. estimate the economic impact of EHR-facilitated return-to-work practices for both work-related and non-work-related conditions.

The Need to Incorporate Occupational Histories Into Electronic Medical Records

Each year in the United States, more than 4,000 occupational fatalities and more than 3 million occupational injuries occur along with more than 160,000 cases of occupational illnesses. The use of electronic health records (EHRs) has increased rapidly since the passage of the 2009 Health Information Technology for Economic and Clinical Health (HITECH) Act. Incorporating patients’ occupational information into EHRs could lead to more informed clinical diagnosis and treatment plans as well as more effective policies, interventions, and prevention strategies to improve the overall health of the working population.

At the request of the National Institute for Occupational Safety and Health, the IOM appointed a committee to examine the rationale and feasibility of incorporating occupational information in patients’ EHRs. The committee focused on the potential benefits of the inclusion of occupational information to individual and public health, current systems that use this information, and technical barriers to incorporating occupational information into the EHR. The IOM concluded that three data elements – occupation, industry, and work-relatedness – were ready for immediate focus. To incorporate these data into EHRs, recommendations were made that include assessment of data collection and incorporation, requirements for storing and communicating occupational information, development of metrics and performance measures, and assessment of privacy concerns, among others.

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Employer Co-Op Pays OSHA Fines after 26 Industry Employee Deaths

US Labor Department's OSHA reaches settlement with Wisconsin-based Cooperative Plus to improve grain bin safety training, abate hazards Cooperative to pay $550,000 in penalties for grain violations

The U.S. Department of Labor's Occupational Safety and Health Administration has filed a settlement agreement with the Occupational Safety and Health Review Commission between the agency and Cooperative Plus Inc., after the farmer-owned Wisconsin cooperative agreed to pay $550,000 in penalties, increase employee grain bin safety training and abate all safety issues at its grain handling facilities in Whitewater, Burlington, East Troy and Genoa City.

"At least 26 workers were killed in grain entrapments nationwide last year, the highest number of any year since researchers started collecting data in 1978, but there are well-known safety practices that can be implemented to prevent these tragedies," said Mike Connors, OSHA's regional administrator in Chicago. "We are pleased to reach this agreement. The procedures and training that Cooperative Plus agreed to implement will ensure that these often deadly entrapments will not happen again."

As part of the settlement agreement, Cooperative Plus will provide site-specific training for all employees exposed to potential hazards identified by OSHA's grain handling, permit-required confined space and lockout standards. The cooperative also will schedule confined space and bin entry rescue drills semiannually, and provide 10 hours of training to newly hired and current employees whose duties expose them to potential hazards addressed by these standards.

Additionally, the cooperative will develop and implement a program to manage the risk of grain handling that includes safe methods to inspect grain and dislodge clumps of grain to empty the bin; develop lockout/tagout procedures for augers, conveyors and other equipment prior to bin entry; and develop engineering controls to abate hazards posed by bridged and castled grain. The company will audit work to ensure that all employees are properly trained in program rules and OSHA safety standards.

Finally, the company agreed to retain at least one independent safety consultant and to comply with OSHA follow-up inspections over a two-year period.

OSHA cited Cooperative Plus Inc. for a total of 14 willful, 23 serious and two other-than-serious safety violations in August 2010 for lacking proper equipment and procedures, thereby exposing workers to the risk of being engulfed and suffocated in grain storage bins.

Since 2009, OSHA has fined grain operators in Wisconsin, Illinois, Colorado, South Dakota, Ohio and Nebraska following preventable fatalities and injuries. In addition to enforcement actions and training, OSHA Assistant Secretary Dr. David Michaels sent a notification letter in August 2010 to grain elevator operators warning them not to allow workers to enter grain storage facilities without proper equipment. For a copy of the letter, visit http://www.osha.gov/asst-sec/Grain_letter.html.

Burlington-headquartered Cooperative Plus has locations throughout southeastern Wisconsin, including in Clinton, East Troy, Elkhorn, Genoa City, Union Grove and Whitewater. The company has a combined member-ownership of more than 10,000 and annual sales of more than $50 million.

To ask questions, obtain compliance assistance, file a complaint, or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742) or the agency's Milwaukee Area Office at 414-297-3315.

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.

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Employee Death From MRSA Infection Spreads Fear Among Co-Workers

A 28 year old employee's death caused by a MRSA infection has spread fear among co-workers at a NJ Motor Vehicle office. The infection, Methicillin-Resistant Staphylococcus Aureus (MRSA), is a highly contagious disease. Co-workers allege that the dead employee was infected by a customer.

See the NJ Journal Article: http://bit.ly/q9zHwp

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How To Determine If A Substance Causes Cancer at Work

The National Institute for Occupational Safety and Health (NIOSH) is seeking public input to determine what substances cause cancer and at what level of occupational exposure.

"The National Institute for Occupational Safety and Health (NIOSH) of the Centers for Disease Control and Prevention (CDC) intends to review its approach to classifying carcinogens and establishing recommended exposure limits (RELs) for occupational exposures to hazards associated with cancer. As part of this effort, NIOSH is requesting initial input on these issues (including answers to the 5 questions in the following section), to be submitted to the NIOSH Docket number 240, for a comment period lasting through September 22, 2011. This information will be taken under consideration and used to inform NIOSH efforts to assess and document its carcinogen policy and REL policy regarding occupational hazards associated with cancer. NIOSH has also created a new NIOSH Cancer and REL Policy Web Topic Page [see http://www.cdc.gov/niosh/topics/cancer/policy.html] to provide additional details about this effort and progress updates."

"NIOSH is announcing a Request for Information on key issues identified and associated with the NIOSH Carcinogen and REL policies. Special emphasis will be placed on consideration of technical and scientific issues with the current NIOSH Cancer and REL Policies that require further examination including the following:Show citation box

(1) Should there explicitly be a carcinogen policy as opposed to a broader policy on toxicant identification and classification (e.g.carcinogens, reproductive hazards, neurotoxic agents)?Show citation box

(2) What evidence should form the basis for determining that substances are carcinogens? How should these criteria correspond to nomenclature and categorizations (e.g., known, reasonably anticipated,etc.)?Show citation box

(3) Should 1 in 1,000 working lifetime risk (for persons occupationally exposed) be the target level for a recommended exposure limit (REL) for carcinogens or should lower targets be considered?Show citation box

(4) In establishing NIOSH RELs, how should the phrase “to the extent feasible” (defined in the 1995 NIOSH Recommended Exposure Limit Policy) be interpreted and applied?Show citation box

(5) In the absence of data, what uncertainties or assumptions areappropriate for use in the development of RELs? What is the utility of a standard ”action level” (i.e., an exposure limit set below the REL typically used to trigger risk management actions) and how should it be set? How should NIOSH address worker exposure to complex mixtures?

Public Comment Period: Comments must be received by September 22, 2011.

The concept of a compensable industrial disease has developed only recently and its acceptance has lagged far behind that of industrial accidents. The original Workers' Compensation Acts, as promulgated from the year 1911 forward by many of the states, did not provide for the recognition of occupational illness and disease as compensable events. As demands have been placed upon the medical system to treat and to prevent occupational illness, the legal system, under social, economic, and political pressure, has sought to provide a remedy for the thousands of injured workers who have suffered and who are continuing to suffer from occupational illness and disease. 

For over 4 decades the Law Offices of Jon L. Gelman  1.973.696.7900  jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.

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Acetone Explosion Results in $917,000 OSHA Fine for Bostik Inc.

US Labor Department’s OSHA cites 50 safety violations, proposes $917,000 in fines against Bostik Inc. following Middleton, Mass., explosion

The U.S. Department of Labor's Occupational Safety and Health Administration has cited Bostik Inc. for 50 alleged violations of workplace safety standards following a March 13 explosion at the company's Middleton plant in which four workers were injured. The adhesives manufacturer faces a total of $917,000 in proposed fines.

OSHA's inspection identified several serious deficiencies in the company's process safety management program, a detailed set of requirements and procedures employers must follow to proactively address hazards associated with processes and equipment that involve large amounts of hazardous chemicals. In this case, the chemical was acetone, used in a PSM-covered process known as direct solvation. On the day of the explosion, a valve on a transfer line inadvertently was left open, resulting in the release of flammable acetone vapors. The vapors exploded after being ignited by an undetermined source.

"The requirements of OSHA's PSM standard are stringent and comprehensive because the stakes are so high," said Assistant Secretary of Labor for OSHA Dr. David Michaels. "Failure to evaluate, anticipate, address and prevent hazardous conditions associated with a process can result in a catastrophic incident such as an explosion."

"In this case, Bostik knew from prior third party and internal compliance audits conducted at the plant that aspects of its PSM program were incomplete or inadequate, and misclassified electrical equipment was in use. The company did not take adequate steps to address those conditions," said Jeffrey A. Erskine, OSHA's area director for northeastern Massachusetts. "Luckily, the explosion happened when there were few workers in the plant. Otherwise, this incident could have resulted in a catastrophic loss of life."

Specifically, OSHA found that the process safety information for the solvation process was incomplete. The employer's analysis of hazards related to the process did not address previous incidents with a potential for catastrophic results, such as forklifts that struck process equipment, and did not address human factors such as operator error, communication between shift changes and employee fatigue from excessive overtime. In addition, the company did not ensure that a forklift and electrical equipment, such as a light fixture, switches and a motor, were approved for use in Class 1 hazardous locations where flammable gases or vapors are present.

As a result, OSHA has issued Bostik nine willful citations, with $630,000 in proposed fines, for these conditions. A willful violation is one committed with intentional knowing or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health.

Bostik Inc. also has been issued 41 serious citations, with $287,000 in fines, for a range of other conditions, including an incomplete and deficient emergency response plan, inadequate training for employees required to fight fires, obstructed exit access and electrical hazards, and additional PSM deficiencies. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

The Bostik Inc. citations are available at http://www.osha.gov/ooc/citations/Bostik_Inc_315298281.pdf andhttp://www.osha.gov/ooc/citations/Bostik_Inc_315298307.pdf.

Detailed information on process safety management is available athttp://www.osha.gov/SLTC/processsafetymanagement/index.html and http://www.osha.gov/pls/publications/publication.athruz?pType=Industry&pID=166.

Bostik Inc. has 15 business days from receipt of its citations and proposed penalties to comply, meet with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission. The investigation 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 OSHA'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.

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OSHA Cites Manufacturers and Distributors of Formaldehyde Hair Products

Companies failed to protect workers, warn product users of hazards

The U.S. Department of Labor's Occupational Safety and Health Administration has cited two Florida manufacturers and two Florida-based distributors of hair products containing formaldehyde for 16 health violations involving alleged failures to protect their employees from possible formaldehyde exposure and to communicate with the products' users, such as salons and stylists, about the hazards of formaldehyde exposure. Proposed penalties for the companies total $49,200.

"Employers are responsible for identifying the risks associated with producing and using these hair products, as well as for taking appropriate measures to ensure that they protect their own employees and other workers who may be using their products, such as stylists, from any potential hazards," said Cindy Coe, OSHA's regional administrator in Atlanta.

OSHA's inspections were initiated based on a referral by Oregon's Occupational Safety and Health Division, which tested more than 100 product samples at 50 salons using hair smoothing or straightening products. Some products causing formaldehyde exposure were traced back to the Florida manufacturers and distributors. Formaldehyde can irritate the eyes and nose, and cause coughing and wheezing. It is a sensitizer, which means that it can cause allergic reactions of the lungs, skin and eyes, such as asthma, rashes and itching. It also has been linked to cancer.

Both M&M International Inc. in Delray Beach, a distributor of the straightening hair product "Marcia Teixeira," and Copomon Enterprises in Boca Raton, a distributor of the keratin-based hair product "Keratin Complex Smoothing Therapy," have been cited for three serious violations and fined $12,600 each for failing to ensure that material safety data sheets reflected the content of formaldehyde in the products or the hazards associated with formaldehyde exposure, as well as for failing to develop a written hazard communication program for their own employees. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

Pro Skin Solutions Inc. in Orlando, a manufacturer of keratin-based products used for hair straightening, has been cited for five serious violations with penalties of $15,000. Violations include failing to establish a written respiratory protection plan, provide an emergency eyewash station, develop appropriate procedures to protect employees in the event of an emergency and develop or implement a written hazard communication program. The company also failed to address formaldehyde exposure and inhalation hazards, including possible cancer-causing effects, on material safety data sheets for the formaldehyde-containing products.

Additionally, Pro Skin Solutions has been cited for two other-than-serious violations with no monetary penalties for failing to maintain air sampling records and provide written procedures for evaluating chemical hazards. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.

Keratronics Inc. in Coral Springs, a manufacturer of keratin-based products used for hair straightening, has been cited for three serious violations with penalties of $9,000 for failing to provide an eyewash station for employees using corrosive products, evaluate the hazards of keratin-based products for development of the material safety data sheets, and develop or maintain a written hazard communication program on handling chemicals such as timonacic acid, formalin, acetic acid and hydrolyzed keratin.

All manufacturers, importers and distributers are required by OSHA standards to identify formaldehyde on any product that contains more than 0.1 percent formaldehyde, either as a gas or in a solution that can release formaldehyde at concentrations greater than 0.1 part per million. The material safety data sheet that comes with the product also must include this information, as well as explain why the chemical is hazardous, what harm it can cause, what protective measures should be taken and what to do in an emergency. The sheets are used by employers to determine products' potential health hazards and methods to prevent worker exposure.

Federal OSHA issued a hazard alert earlier this year to hair salon owners and employees about potential formaldehyde exposure resulting from working with some hair smoothing and straightening products. It can be viewed at http://www.osha.gov/SLTC/formaldehyde/hazard_alert.html.

In addition, the U.S. Food and Drug Administration recently issued a warning letter to GIB LLC in North Hollywood, Calif., doing business as Brazilian Blowout, concerning misbranding relating to formaldehyde. That letter is available at http://www.fda.gov/ICECI/EnforcementActions/WarningLetters/ucm270809.htm.

Keratronics, M&M International and Copomon Enterprises were inspected by OSHA's Fort Lauderdale Area Office, 1000 S. Pine Island Road, Suite 100, Fort Lauderdale, Fla. 33324; telephone 954-424-0242. Pro Skin Solutions was inspected by OSHA's Tampa Area Office, located at 5807 Breckenridge Parkway, Suite A, Tampa, Fla. 33610; telephone 813-626-1177. To report workplace incidents, fatalities or situations posing imminent danger to workers, call the agency's toll-free hotline at 800-321-OSHA (6742).

The companies have 15 business days from receipt of the citations and proposed penalties to comply, request a conference with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission.

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.

For over 3 decades the Law Offices of Jon L. Gelman  1.973.696.7900  jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.

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Census of Fatal Occupational Injuries Summary, 2010

A preliminary total of 4,547 fatal work injuries were recorded in the United States in 2010, about the same as the final count of 4,551 fatal work injuries in 2009, according to results from the Census of Fatal Occupational Injuries (CFOI) program conducted by the U.S. Bureau of Labor Statistics. The rate of fatal work injury for U.S. workers in 2010 was 3.5 per 100,000 full-time equivalent (FTE) workers, the same as the final rate for 2009. Over the last 3 years, increases in the published counts based on information received after the release of preliminary data have averaged 174 fatalities per year or about 3 percent of the revised totals. Final 2010 CFOI data will be released in Spring 2012. 

 Economic factors continue to play a role in the fatal work injury counts. Total hours worked were up slightly in 2010 in contrast to the declines recorded in both 2008 and 2009, but some historically high-risk industries continued to experience declines or slow growth in total hours worked. Key preliminary findings of the 2010 Census of Fatal Occupational Injuries: - The number of fatal work injuries among the self-employed declined by 6 percent to 999 fatalities, more than the decline in their hours worked. 

For additional data, access the BLS Internet site: www.bls.gov/iif/. For technical information about and definitions for the CFOI program, please go to the BLS Handbook of Methods on the BLS web site here: www.bls.gov/opub/hom/homch9_a1.htm.

Table 1. Fatal occupational injuries by event or exposure, 2009-2010
Table 2. Fatal occupational injuries by industry and selected event or exposure, 2010
Table 3. Fatal occupational injuries by occupation and selected event or exposure, 2010
Table 4. Fatal occupational injuries by selected worker characteristics and selected event or exposure, 2010
Table 5. Fatal occupational injuries by State and event or exposure, 2010
Table 6. CFOI participating State agencies and telephone numbers
Technical notes
HTML version of the entire news release

NIOSH to Propose New Criteria for Diacetyl Exposure

The National Institute for Occupational Safety and Health (NIOSH) invites public comment on a draft document, "Criteria for a Recommended Standard: Occupational Exposure to Diacetyl and 2,3-pentanedione.”


For public review and comment, the draft document summarizes current scientific knowledge about the occupational safety and health implications of the food flavorings diacetyl and 2,3-pentanedione, and recommends occupational exposure limits and measures for controlling work related exposures to diacetyl and 2,3-pentanedione, based on the current state of knowledge.


The draft document is available athttp://www.cdc.gov/niosh/docket/review/docket245/default.html for written public comment until Oct. 14, 2011. NIOSH will also hold a public meeting to discuss and obtain comments on Aug. 26, 2011, in Washington D.C.


"Occupational exposure to diacetyl has been associated with severe obstructive lung disease, bronchiolitis obliterans, and decrease in lung function," said NIOSH Director John Howard, M.D. "NIOSH has provided over a decade of research and leadership in this important scientific area. In addition to the recommended exposure limits (RELs), this draft document provides for public comment a comprehensive review of scientific literature, a quantitative risk assessment, and valuable guidance to reduce occupational exposures to diacetyl and 2,3-pentanedione. We invite public comment on the draft Criteria Document to help us develop final recommendations."

The draft document includes, for comment:
For Diacetyl, a recommended exposure limit (REL) of 5 parts per billion (ppb) as an eight-hour, time-weighted average, (TWA) during a 40-hour work week. To further protect against effects of short-term exposures, NIOSH recommends in the draft document a short-term exposure limit (STEL) for diacetyl of 25 ppb for a 15-minute time period.


For 2,3-pentanedione, a recommended exposure limit (REL) of 9.3 parts per billion (ppb) as an eight-hour, time-weighted average, (TWA) during a 40-hour work week. The REL for 2,3-pentanedione in the draft document is based upon the lowest level at which the substance reliably can be detected using the existing analytical method, and should not be misconstrued to imply that 2,3-pentanedione is of lower toxicity than diacetyl. Further, NIOSH recommends a STEL of 31 ppb to limit peak exposures for 2,3-pentanedione on the same basis of analytic method limitation.

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Employee Penalized For Not Following Safety Rules

An employee's workers' compensation award maybe be reduced for failing to follow an employer's safety rules. A Missouri Court ruled that reducing an injured employee's award by 25% to 50% for failing to follow an employer's safety rules was not unconstitutional.

This ruling may have widespread application in many situations including distracted driving claims, where an employee sustains an accident while using a cell phone in violation of an employer's cell phone policy. The employer woud still remain responsible for the reduced award and, of course, subject to a 3rd part law suit by a potential 3rd party.

The reduction rule actually places fault back into the workers' compensation system which both violates the intent of the Act . Such a policy does not compensate for the reduced values (awards) anticipated and prescribed under the workers' compensation act. While the the logic seems to rational, the application further emasculates the intent of workers' compensation. It would be far more logical to put the cart before the horse, and work to prevent the unsafe work condition in the first place. Shifting responsibility to the injured worker is not consistent with the act's intent.

Thompson v. ICI American Holding, 2011 WL 3444008 (Mo.App. W.D.) Decided, August 9, 2011
For over 3 decades the Law Offices of Jon L. Gelman  1.973.696.7900  jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.

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Cell Phones and Cancer: The Static in the Debate

A recently published European study boldly and with much confusion declares that children are not at an increased risk of cancer as a result of cell phone use. Knowledgeable commentators has questioned the reliability of the data and analysis resulting in questioning the veracity of the European study altogether.

Microwave News reported:

'The first study to look at brain tumors among children and teenagers who have used cell phones came out today and it shows no increased risk. Well, actually, the study, known as CEFALO, does indicate a higher risk —the problem is that it found a higher risk for all the kids who used a phone more than once a week for six months, regardless of how much time they spent on the phone. Because the risk does not go up with more use, the CEFALO team argues that the results argue against a true association.

Professor Franklin E. Mier, PhD, CID, Environmental and Occupational Health SciencesCUNY School of Public Health at Hunter College, commented:

"A study may provide "evidence for," or more rarely, evidence against an increased risk associated with an exposure. The exposure should be further characterized by level and duration. The evidence might further be characterized as "clear," "some" or "equivocal." In studies of people, either single studies or a collections of studies, "chance, bias, and confounding" must be evaluated, which impacts the strength of the evidence derived from the study. Studies failing to find an association should be characterized as "null" rather than "negative."

"Each newly published study should be characterized in the context of previous studies, evaluated as a group. IARC characterized the body of evidence previous to the study reported here as "limited." Those who wish to make their own evaluation should read the IARC monograph in detail. Personally, I don't think the body of evidence will ever advance beyond "limited" evidence. Also, resources and media attention will continue to be devoted to restudying this exposure (as opposed to other exposures of concern) because rich people use cell phones.

Dramatically conflicting studies are now surfacing. The signal is not yet clear and the static will have to resolve before the causal connection between cell phone use and cancer can be ruled out.

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Hotel Workers Have Work Comp Claims

Long before the Straus-Kahn publicity, hotel workers have been suffering from work related accidents and injuries leading to workers compensation benefits. The US Centers for Disease Control and The National Institute for Occupational Safety and Health have published a brochure and announced a new partnership program to promote innovative research and improve workplace practices.

The National Occupational Research Agenda (NORA) is a partnership program to promote innovative research and improve workplace practices. Unveiled in 1996, NORA is a framework for guiding occupational safety and health research and interventions throughout the nation. NORA stakeholders collaborate to identify critical workplace issues in industry sectors. The National Institute for Occupational Safety and Health (NIOSH) convened a number of these partners to develop the National Services Agenda, which includes safety and health goals for the Accommodations Industry. Groups such as unions, worker organizations, government agencies, and hotel/motel associations can build partnerships to implement these goals and help ensure that hotels are safe for all employees.

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