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The second meeting of the newly re-charted Maritime Committee on Safety and Health (MACOSH) met in Washington, D.C. on March 3 and 4, 2004.
Wednesday, March 3, 2004
In attendance were members of the Committee: MACOSH Chairperson James Thornton, North Grumman Newport News Shipyard; Dan Nadeau, Bath Iron Works; James D. Burgin, National Maritime Safety Association; Captain John McNeill, Pacific Maritime Association; Captain Teresa Preston, Atlantic Marine/Alabama Shipyard; Charles I. Thompson, III, Virginia International Terminals; Stephen D. Huddock, NIOSH, DART, C-24; Captain Keith D. Cameron, U.S. Coast Guard; Michael Flynn, International Association of Machinists & Aerospace Workers; William (Chico) McGill, International Brotherhood of Electrical Workers, Local #733; and Mike Freese, International Longshore and Warehouse Union. Others present included Jim Maddux as the designated Federal Official and Susan Sherman, Committee Counsel.
James Thornton, Chairman of MACOSH introduced Gary Visscher as the Deputy Assistant Secretary. Mr. Visscher welcomed the committee members on behalf of Secretary Chao and Assistant Secretary for OSHA John Henshaw. Mr. Visscher noted that the agency appreciated very much their work on the committee and their willingness to serve and provide the agency with policy advice on occupational safety and health issues for maritime work. Mr. Visscher noted that since the last meeting the committee was able to establish goals, identify issues of concern, and assign those issues to workgroups who will be reporting to the full committee.
Mr. Visscher also noted a number of important issues the committee will be discussing, including ergonomics, pedestal fall protection, outreach projects, alliances, traffic speed control, powered industrial trucks, and hexavalent chromium. Mr. Visscher also explained that the hexavalent chromium rulemaking is on a court-ordered schedule. The agency is scheduled to publish a proposed hexavalent chromium rule no later than October 4, 2004, and a final standard no later than January 18, 2006. Mr. Visscher also noted the Health workgroup has been reviewing the agency's draft materials and they will be discussing this issue later today. On behalf of the agency, Mr. Visscher told the committee "we do hope that this committee will be able to provide us with recommendations at this meeting so that we can give them serious consideration. This is an unusually fast time schedule that we're working on with this rulemaking." Mr. Visscher proceeded to inform the committee that the proposal is undergoing the small business review process, a statutory mandate in terms of the regulatory process. The agency has sent the draft materials and will have meetings with the small business representatives over the next few weeks. Once the regulatory review process is over, there will be a comment period that will certainly be useful to get the input of the maritime community at this stage of the rulemaking. Mr. Visscher also mentioned that there is a small shipyard on the SBREFA panel.
Chairman Thornton entered a motion to accept, deny, comment, or correct, the minutes for the first MACOSH meeting October 15 and 16, 2003. All members accepted the motion and the motion carried.
Next, Chairman Thornton opened the floor for discussion and solicited reactions from the committee members concerning the process of the workgroup meetings. The committee responded positively to the workgroup meetings.
Afterwards, Jim Maddux gave the update on standards and guidance projects.
Next, Mr. Maddux delivered a presentation on maritime guidance projects
Subpart D, walking working surfaces (proposed in the early '90s). There was a question of whether or not we will deal with this issue well enough in Subpart F rulemaking so that the 1910 standard will no longer apply to shipyards.
PPE payment (ongoing) trying to figure out what to do with this issue. Issues dealing with PPE are: tools of the trade in the area of maintenance and repair trades, and short-term workers.
Mr. Buchet with the Directorate of Construction, Office of Construction Services, followed with a presentation on Cranes and Derricks. The agency is aware of the sensitivity to what may happen if the rulemaking for cranes and derricks changes part of 1926.550 and it may have some impact in the maritime industries. However, the negotiated rulemaking affects only the construction cranes and derricks standard. In response to a Federal Register Notice, the agency received 50 plus nominations, and selected 23 negotiated rulemaking committee members. The committee intends to have its draft work done by the end of July. The committee is meeting today and they are sorting through information considering what defines a crane. The committee will continue to meet in May, June and July. The committee published a list of 17 or18 potential topics.
Mr. McGill asked Mr. Buchet if he could make his presentation available to MACOSH since they didn't get to see it on the disk. Jim Maddux responded and informed the committee that OSHA would make copies available to them.
Mr. Buchet's presentation was entered into the record as "Exhibit 3."
The next presenter, Mr. Mike Seymour, Director, Office of Physical Hazards & Others delivered a presentation on Shipyard Ergonomics Guidelines. The guideline is organized similar to the previous guidelines that we've published for nursing homes and the drafts for poultry and grocery, in that it's got an introductory section that addresses program approaches to ergonomics and a section that addresses specific control measures for ergonomic problems in specific operations. We are proposing controls that employers can look at, can gather ideas from, and implement or not implement as it fits their own particular circumstances. The control measures address power tools, metal work; materials handling, those kinds of tasks. They are addressed in the context of either a shop, or in a ship, where the environment is very different. In terms of our schedule, we expect to finish the review process with OSHA and the Department, then publish it in draft form. Following that, there will be a public comment period where we'll be receiving writing comments from any interested stakeholders. Finally, OSHA is planning to hold a stakeholder meeting where interested stakeholders can come in and give us their ideas and their approaches for improving the draft guidelines, and then we'll produce the final.
Mr. Seymour concluded his presentation and Chairman Thornton opened the floor to questions.
Mr. Flynn stated for the record that it's the Machinist Union's position to look forward to the day of a promulgated standard on ergonomics. Chico McGill reiterated the request for the record. Chairman Thornton asked Mr. Seymour is there something specifically that the committee could do, or provide to assist in this effort? Mr. Seymour responded that he would like the committee to consider providing OSHA with data that will help make the business case for ergonomics in the shipyard environment, either on an individual firm or establishment basis or on the industry basis. He also stated that the agency would like related success stories about how individual shipyards, how individual establishments have evaluated the effectiveness of their ergonomics programs. Any information, photos of specific control measures, certainly we'd look at them and try to figure out how to integrate them in the document, particularly if they're accompanied by comparative information about injuries and illnesses before and after the implementation of a particular control. A timeline has not been established for this guideline.
The next presentation was Beryllium and Hexavalent Chromium by David O'Connor, Office of Chemical Hazards – Metals, Directorate of Standards and Guidance.
Mr. O'Connor concluded his presentation and Chairman Thornton opened the floor to questions from MACOSH and the public participants.
Mr. Flynn asked what percentage of those exposed is shipyard related? Mr. O'Connor responded and stated that he is unsure of the percentage, but will check into it and try to get that information for the committee if it's available. Mr. McGill asked about secondary exposure of chromium. Mr. O'Connor explained that he's not aware of studies that were directly attempting to get those secondary effects, but in general measuring exposure across the board throughout a facility, there may be individuals in a workplace that may not be working with hexavalent chromium compounds, but were nonetheless measured in these studies with regard to their exposures there is information on that, and the committee will be provided with a copy of that study. Mr. O'Connor emphasizes that the agency is focusing on the effects that are associated specifically with hexavalent chromium in this rulemaking.
"OSHA's Beryllium and Hexavalent Chromium Rulemakings" dated March 3, 2004 was entered into the record as "Exhibit 1," and the Draft Chromium (VI) Standard for Construction was entered into the record as "Exhibit 2."
Next, the Health work group delivered a report on their activities. Initially the group started looking at eight subjects. They were: hexavalent chromium, ergonomics, diesel exhaust and vapors, hearing, AED, radiation, silica, and beryllium. After several teleconferences, the committee decided to focus more closely on four of the subjects. The topics were reduced to chromium, ergonomics, diesel exhaust, and hearing. The health workgroup made a recommendation to OSHA to continue to visit other sites in the shipbuilding community and incorporate the industry's best practices; the NIOSH's study; and the National Ship Research Program (NSRP) work into the OSHA ergonomics guidelines.
After listening to discussion about the health workgroups recommendations, the committee voted, and unanimously agreed to accept the workgroups recommendations.
After listening to discussion about the traffic safety workgroups recommendations, the committee voted, and unanimously agreed to accept the workgroups recommendations.
Afterwards, the Safety Culture Workgroup reported on two issues; one was a safety culture or a work safety culture that consisted of three different things, statistical measurement, root cause analysis, and then the ultimate goal would be culture change. The work group suggested that the safety culture workgroup conduct a pilot project with maritime interests to determine the most common root causes of maritime accidents and report them to the full committee. MACOSH will develop two lists of the 15 most common root causes, one for longshoring and the other for shipyards.
After listening to discussion about the safety culture workgroups recommendations, the committee voted, and unanimously agreed to accept the workgroups recommendations.
Tom Galassi presented the enforcement update on the strategic plan and key initiatives. Under the strategic management plan, the agency will be looking at hazards relevant in shipyard and maritime industry and the ship and boat building SIC code.
The secretary announced her four-pronged approach to deal with ergonomics in April 2002.
There are a number of ways to conduct inspections:
OSHA has issued a shipyard tool bag directive and a longshoring tool shed directive, which will go out in December. These directives lay out all the strategic tools to address:
OSHA sends out about 13,000 – 14,000 letters annually notifying the employers who have a significantly high injury and illness rate.
OSHA is working on other key initiatives for Material Safety Data Sheets (MSDS) and the hazard communication guidance documents. OSHA's directorate of enforcement will develop a directive to launch a MSDS program. Mr. Galassi asks the committee for comments on the MSDS program and informed MACOSH that OSHA will prepare a MSDS checklist after the agency has identified the 10 chemicals.
The agency is working to change federal agency injury and illness recordkeeping from Worker's Compensation data to the new 1904 standards. Hopefully the initiative will be effective in 2005. The President signed an initiative for federal Safety and Health and Return to Employment initiative on January 9, 2004.
Mr. Galassi concluded his presentation and Chairman Thornton opened the floor to questions from MACOSH and the public participants.
Captain McNeill asked about the cut-off data for DART DAFWI rates? Mr. Galassi explained to the committee that the primary list cut-off for DART is 14, and DAFWI is 9. Teresa Preston asked if the 13,000 letters that were sent out to employers are public record. Mr. Galassi explained that there was a press release dated February 27 that announced that action.
Iona Evans informed the committee and Mr. Galassi of a letter that was circulated asking the enforcement office for an official interpretation of hot work. Mr. Galassi responded by saying that the agency will have to go through the normal study of the record, preamble, regulation, and then consult with the attorneys to get an official agency position on the issue. Ed Willwerth proposed his document be submitted to the record to counter the opposing position to the issue. He also explained the different elements of hot work and asked that OSHA would consider all the aspects of determining hot work into account.
Tom Galassi's presentation was presented to the record as "Exhibit 5."
Next, Cathy Oliver, Director of the Office of Partnerships and Recognition gave a presentation on Alliances and Partnerships. The strategic partnership program was formalized in 1998. Incentives for partnership programs are: reduced penalties, focused inspections, consultation priority service, and assistance from OSHA. Partnership programs are evaluated annually. There are regular quarterly conference calls and annual meetings. There are national, regional, and area office level partnerships. Partnerships are individual at the local level; industry based; or hazard based focusing on a particular hazard or problem. There are currently 215 active partnerships at all levels. There are four active participants in the maritime sites that cover 60 employers and 16,000 employees. Region 9 has a partnership with the port of San Diego Ship Repairers Association. There are 35 employers involved in the partnership.
Voluntary Protection Programs was founded on the 1989 safety and health guidelines OSHA published. There are over 1,000 work sites in the VPP program and two maritime VPP sites. OSHA is working on three new initiatives this year: the challenge program, corporate VVP initiative, and construction.
Ms. Oliver's presentation was entered for the record as "Exhibit 6."
Afterwards, Lee Anne Jillings gave her presentation on Alliances. The Alliance program was established in March of 2002. It was designed to complement and build upon the success of the other cooperative programs that the agency has, in some cases, more than 20 years of experience. Alliances are formed with trade associations, businesses, educational institutions, government agencies, and organized labor entities. There are three primary goal areas: training and education, outreach and communication, and promoting the national dialog. Each alliance has an implementation team made up of representatives from OSHA, as well as the organization that has entered the alliance with OSHA. There are quarterly implementation team meetings. The alliance agreements last for two years and are renewable. There's an annual report for each alliance that summarizes the impact and progress made in achieving the goals. It is also an opportunity for organizations to build a cooperative and trusting relationship with OSHA. Alliances provide opportunities for participants to network with other organizations committed to workplace safety and health. They provide an opportunity to leverage resources to maximize worker safety and health protections. In addition, alliance programs afford an opportunity to gain recognition for those participating in it as proactive leaders in safety and health. Active organizations are: the maritime industry, construction, manufacturing, professions societies, other government agencies, academia, and organized labor. Issues being addressed through the Alliance program are:
Ms. Jillings has concluded her presentation, and Chairman Thornton has opened the floor for questions. Mike Flynn asked if the funding for the alliances the same as the funding for the partnerships? Is there a similar amount of funds dedicated to each one?
Ms. Jillings responded by stating that the funding for all the cooperative programs is part of OSHA's overall budget towards funding cooperative programs. There's no particular line item on any of the programs. They are funded out of a general source for funding compliance assistance and cooperative programs. The committee also asks if more money has been dedicated to the partnership or to the alliances out of that one source. Ms. Jillings responded that the information was not available to her at the moment; however she will find that information and get it to him.
Ms. Jillings presentation was entered into the record as "Exhibit 7."
Next, Mr. Henshaw made a surprise appearance and told the committee that he is looking forward to hearing their responses and advice on what OSHA can do to continue to advance safety and health. In addition, Mr. Henshaw thanked everyone for being there.
Next, Cathy Goedert gave an update on Science, Technology, and Medicine. The ship repair e-tool has been completed and is on the Web. The Agency is continuing to work on the shipbuilding and the ship breaking e-tool, and in addition we're working on barge cleaning. The initial development has been done for all these products. Next week there's a meeting with the Shipbuilders Council of America. They will finalize the barge cleaning e-tool content and review the ship breaking and shipbuilding. Then OSHA will start the products all through the final clearance process. Assuming that there are no major changes in what's been done to date, the e-tools should be implemented this year. Last year there was a shipyard fatality animated videos produced and there were some adjustments that needed to be made in the text and the voice-overs. The contract to do the work was awarded this week. The work should start in about two weeks and is expected to be finished, reviewed and cleared by, tentatively, June 11. It should be out by the end of the third quarter.
OSHA has also funded an additional set of fatality animated videos. That contract was also just awarded this week. That takes much longer, but it is expected to have those finished by this time next year. The alliances and the steering committee will all be part of that review. The agency is going to submit the maritime fatality animated videos to the World Safety Congress's film and video festival that will be part of the Congress in September of 2005. OSHA is working on the safety and health injury prevention sheets.
OSHA will be talking to Chet soon about a schedule for the development of the six ships that we itemized in that task order. We don't have any money for additional topics in 2004.
After the presentation, Chairman Thornton opened the floor up to questions from MACOSH and the public.
Mr. Burgin asked if there is any plan to do any marine cargo handling or longshoring animated videos. Ms. Goedert explained that right now, we have a very tight budget. We met with the compliance assistance coordinating group for the Agency and went through all of the safety and health subjects and determined where resources ought to be applied. This year, this covers everything that we are able to do. Now, we haven't made any plans for what we'll develop next year. At this point, there isn't anything else, but there could be in the next fiscal year.
Ms. Goedert's presentation was entered into the record as "Exhibit 8."
The Electrical Standard Update given by, David Wallis, Director of the office of
Subpart S of part 1910 contains OSHA electrical standards for general industry. There are two groups of standards in that subpart, electrical installation requirements and safety-related work practices. OSHA's electrical installation requirements are based on the National Electrical Code, but NFPA 70(e) takes the electrical code and boils it down into the basics. OSHA is proposing that this project would update those standards to the latest version of NFPA 70(e). The document was cleared by OMB March 3, 2004, so it will probably be published as a proposal in the next couple of weeks. The marine terminal standard in part 1917 specifically incorporates Subpart S requirements for marine terminals in Section 1917.1(a)(2)(iv). These standards apply to electrical installations aboard vessels if they are shore-based. The proposal would not change the scope of Subpart S. As for shipyards if there weren't any electrical standards covering a particular hazard in the shipyards standard, Subpart S would apply. There are some electrical requirements in the shipyards. For example, Section 1915.92 contains a provision on electric lighting, and 1915.132 requirements on portable electric tools. The Scope of Subpart S exempts installations in ships and vessels. Only shore-based wiring will apply to Subpart S. Mr. Wallis concluded his presentation, and Chairman Thornton opened the floor for questions. Mr. Favazza asked does Subpart S cover the trench that cranes hook onto and then it goes to a small substation?" Mr. Wallis explained that electrical wiring for cranes is normally considered utilization wiring and would be covered under Subpart S. Mr. Favazza also stated that there are concerns about adding more tangential regulations, because it would be too much information to funnel to the small industry.
Mr. Wallis responded that the agency is aware that some employers may not understand, but there are very few electrical codes that people use. The main code is the National Electrical Code, and OSHA's standards are almost word-for-word right out of the electrical code.
Next is the Container Safety Workgroup presentation, given by Captain John McNeill. The issues of the container safety work group are: pedestal lashing and other lashing problems; riding the beam, and mechanic's safety training. The chairman of the workgroup explains that the pattern on the lashing depends on the height of the load, the weight of the containers, and the design of the vessel. Lashers who do this work need a secure place to stand especially at the edge of the vessel and most vessels don't have any kind of protection to keep lashers from falling. The Port of Felixto designed a device for vessels that don't have protection for lashers.
The committee recommends OSHA develop a rule that would require vessels to provide guarded platforms for lashers.
After the recommendation by the container safety workgroup, there was discussion among the committee. Captain Teresa Preston commented that this is an issue we would be asking OSHA to bring to the international front and perhaps encourage the different ports to require it. Chico McGill asked, "How prevalent are these types of accidents?" The workgroup chairman responds that lashing accidents are one of the most common accidents on the waterfront today. Another committee member suggested the Coast Guard might able to assist, because they have regulations for handrails. Pete Favazza stated that the ILWU were 100 percent in favor of this rule.
The third item for container workgroup discussion safety training for maintenance workers and repair workers was continued with a presentation given by Captain Teresa Preston. A list was established of the typical safety training given to maintenance and repair workers at her shipyard are: hearing conservation; HAZWOPPER; respiratory protection; welding and hot work, etc. Several committee members discussed their training programs and possible topics. The committee then approved the following recommendation for a guidance product:
The next presentation was the Outreach Workgroup discussion, also given by Captain Teresa Preston. The workgroups top priority was alliances. The second was e-tools, the third was the SHIPS program, and the fourth was the website. Following a discussion of outreach issues, the committee developed and approved the following recommendations.
The outreach workgroup discussion and the presentation on safety training for workers were entered into the record as "Exhibits 11 and 12."
Next, Chairman Thornton called for open discussion. The committee discussed the next meeting. The committee is looking to meet the week of June 14 in Washington, D.C. with the workgroup breakouts on June 15, and the full committee meeting on June 16 and 17. In addition, during open discussion, MACOSH recommended they all stay at the same hotel where the meeting is held. Chairman Thornton suggested the workgroups preload their presentations so that time is not wasted queuing up their presentation. Mr. Chairman also recommends cordless microphones for the public to accommodate their engagement in the discussions. One committee member suggested using larger rooms for the workgroup sessions so the public can be involved.
After the facility hardware issues, Chairman Thornton opened up the discussion for what the committee is going to do going forward and what tasks are remaining. Starting the discussion was the Health workgroup. The workgroup has two deliverables prior to the next meeting, one is to submit the NSRP best practices and the other is to get industry sampling on exposure of hexavalent chromium by March 30m no later than the 15th of April. Items the health workgroup plan to present at the next MACOSH meeting is diesel exhaust and vapors, hearing loss, and perhaps silica.
Next, the vehicle safety workgroup stated that the main outcome of the workgroup was an e-tool program. The workgroup is in suspension for this moment until such time as other activities or issues come before it that are brought and need to be worked by this group.
Following the vehicle safety workgroup update, the safety culture workgroup gave an update of their future. The safety culture workgroup will develop a list of whys, send it out, and then analyze them to see where they fall, into what areas, and see then how that drives initiatives that would, indeed, affect the culture change that is desired.
Next, the outreach workgroup reported on future projects. The workgroup has made their recommendations on all but one of the items they started with. The committee as a whole seems to be very supportive of outreach as a whole, and fairly familiar with it. The only thing left is to respond back on the web site changes and that could be examined at the next committee meeting. Other than that the outreach workgroup will take on work as it comes in.
One committee member suggested that if there is something anyone or the agency can think of during the interim, it should be channeled to the workgroups. The committee goes on to suggest that group leaders who have members absent during one of the conference calls, give the members a summary of the information in the conference call.
The chairman of the outreach workgroup mentioned that the workgroup could work on some of the fatal facts information, the fatality information for longshoring into some sort of pamphlet form.
Another committee member suggested that the longshoring group and the shipyard group meet separately and discuss possible future issues that could be added into the main flow of the next meeting. At the end of the day the longshoring group and the shipyard group get together and discuss their findings and the chairman of each workgroup get together and coordinate their efforts.
Chairman Thornton briefly touched on the agenda, and asked MACOSH to allow him self and OSHA staff to work on the agenda for the next meeting. One committee member made a request to hear from John Ferris' Office of Homeland Security. Chairman Thornton also encourages MACOSH to submit any suggestions for the Agenda to himself, or Jim Maddux.
A committee member asks OSHA to look at a list that NMSA has put together over the last couple of years for training requirements in the longshoring industry, and marine terminals, and provide some feedback on the project. Another committee member encouraged the workgroups to continue the work outside the one-week in June and encourage workgroup conference calls, or exchange e-mails. Another committee member suggested considered putting drug and alcohol testing on the table as a standard for the industry because of the high hazard.
Finally, the Chairman concluded the meeting by thanking OSHA, MACOSH, and the public participants for their support, collegiality, and professionalism.