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Meeting Minutes
The Maritime Advisory Committee for Occupational Safety and Health (MACOSH)
March 24, 2009
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The Maritime Advisory Committee for Occupational Safety and Health was convened
for its first meeting under the current charter at 8:30A.M. on March 24, 2009,
at the U.S. Department of Labor, Francis Perkins Building, Washington, D.C. The
meeting was adjourned at 3:28 P.M.
In accordance with the provisions of the Federal Advisory Committee Act, Public
Law 92-463, the full committee meeting and the workgroup meetings were open to
the public.
Committee members present were:
James Thornton, Chairman
Stewart Adams
Alan Davis
Michael Flynn
Alton H. Glass, Sr.
Lesley E. Johnson
Kenneth Killough
Charles R. Lemon
Jennifer M. Lincoln
George S. Lynch, Jr.
Marc MacDonald
Tim Podue
Donald V. Raffo
Barry E. Richardson
Kenneth A. Smith
Committee Staff in attendance were:
Susan Brinkerhoff, Counsel
Bill Perry, Designated Federal Official
Pat Strickland
Brenda Taylor
Amy Wangdahl
Danielle Watson
Vanessa Welch
Staff of the Occupational Safety and Health Administration attending, in
addition to Donald Shalhoub and Dorothy Dougherty, were:
Jennifer Ashley
Stephen Butler
Nalini Close
Paul Comolli
Jeff Doranz
Eric Kampert
Jim Maddux
Katie Nishimura
Diana Petterson
Joseph Plick
Jack Reich
Paul Rossi
Rob Sadler
Robert Szymanski
Ira Wainless
David Wallis
Randy White
The committee members provided the group with an introduction, discussing their
background, experience, and what they hope to accomplish during this charter.
Remarks
Ms. Dorothy Dougherty, Director,
Directorate of Standards and Guidance
Ms. Dougherty welcomed the Committee members and the public to the first meeting
of the re-chartered Maritime Advisory Committee for Occupational Safety and
Health (MACOSH). She described the role of the Directorate of Standards and
Guidance, specifically the Office of Maritime, in relation to working with
MACOSH. The Maritime Office prepares for meetings, tracks the progress and
recommendations from the Committee, and acts on the recommendations that the
Agency deems feasible based on staff availability, regulatory priorities, and
the budget.
Ms. Dougherty thanked the members for volunteering their time and expertise to
serve on the Committee. Additionally, she spoke of how good it was to see the
returning members and that she looks forward to meeting with the new members and
working closely with them in the future to continue the MACOSH legacy. She also
explained that the OSHA Staff are available to assist the Committee in any way
possible to make their experience serving on the Committee a pleasurable one.
Remarks
Mr. Donald G. Shalhoub, Deputy Assistant Secretary
Occupational Safety and Health Administration
Mr. Shalhoub complimented Mr. Thornton on his capable leadership in the past and
thanked him for continuing to chair the Committee. He thanked the members for
their willingness to serve on the Committee and discussed how pleased he was to
have so many experienced individuals and strong advocates for workplace safety
and health.
Mr. Shalhoub described how all federal departments and agencies are undergoing
changes as they transition to new leadership, specifically mentioning the
appointments of Hilda Solis as the Secretary of Labor, sworn in by Vice
President Joe Biden; Jeff Navin as the Secretary's Deputy Chief of Staff;
Deborah Greenfield as Director of the Department's Office of the Executive
Secretariat; and Brian Kennedy as Assistant Secretary for Congressional Affairs.
He also discussed changes within OSHA that included Tom Galassi transferring
from a Deputy position in Enforcement Programs to the Director of the
Directorate of Technical Support and Emergency Management; Richard Fairfax
serving as the Acting Director of Construction Programs while maintaining his
responsibilities as the Director of the Directorate of Enforcement Programs;
Steve Witt transferring from the Director of the Directorate of Construction to
the Director of the Directorate of Cooperative and State Programs; Jennifer
Ashley as the new Director of the Directorate of Communications; Bob Kulick as
the new Regional Administrator for Region II; John Hermanson as the new Regional
Administrator for Region III; and Ken Atha as the new Regional Administrator for
Region IX. Mr. Shalhoub reiterated that despite the recent changes, OSHA will
continue to focus on its priorities of setting and enforcing standards,
listening to stakeholders, and emphasizing prevention of safety and health
injuries and fatalities. Mr. Shalhoub also highlighted a few OSHA projects, some
of which were MACOSH recommendations.
• The proposed rule for General Working Conditions in Shipyard Employment (29
CFR Part 1915, subpart F) was published in December, 2007. Two public hearings
were held; one in Washington, DC and the other in Seattle, WA in the fall of
2008. The post-hearing comment period closed on February 20, 2009. At this time,
OSHA is analyzing the comments.
• The final rule on vertical tandem lifts (VTLs) was published on December 10,
2008 with an effective date of April 9, 2009. OSHA is currently involved in
litigation with the National Maritime Safety Association over the final rule.
However, the effective date will remain in effect until further notice.
• The Compliance Safety and Health Officers (CSHOs) Training Course (2090
course) was redeveloped by the OSHA Training Institute, along with the
Directorate of Standards and Guidance. The course was first developed several
years ago to train CSHOs to recognize jurisdictional issues and to properly
apply OSHA standards. The revised course curriculum uses more videos, and
industry experience. The revised course materials, which include videos,
PowerPoint presentations, and workbooks, are in the final stages of development
and should be ready soon for a trial run with a test group.
• The Shipyard Industry Digest has been updated and is in the final stages of
publication. This guidance product compiles major applicable safety and health
standards for the shipyard industry and adds three standards that have been
finalized since the last edition in 1998. These additions include: Fire
Protection for Shipyard Employment, Hexavalent Chromium, and Employer Payment
for PPE. The Shipyard Digest will be followed later this year by an updated
edition to the Longshoring Industry digest.
• OSHA developed a guidance document designed to help prevent injuries at marine
terminals involved in Roll On - Roll Off (RO-RO) operations. At this time, OSHA
is incorporating several revisions that were suggested by MACOSH under the
previous charter.
• A Deck Barge Safety Guidance Document and Spud Barge Safety Fact Sheet were
published on the OSHA's webpage in January, 2009. Both documents were designed
to show employers and employees the need for proper controls, procedures, and
training necessary to prevent serious injuries while working on deck barges.
These guidance projects were reviewed by the Committee and recommended for
publishing at the last MACOSH meeting in May, 2008.
• OSHA drafted a Ship Scrapping Document to help employers and employees
maintain a safe work environment while engaged in scrapping of ships. This draft
document was reviewed by MACOSH in May, 2008. The Committee's suggestions have
been incorporated and the agency is currently reviewing the document.
• The Office of Maritime is developing a series of quick cards for the
longshoring industry, on the recommendation of the Agency's Savannah area
office. The first series of topics will cover first aid kits, lifesaving
equipment, and gangway safety.
Ethics Briefing
Mr. Robert Sadler, Counsel for Ethics
Office of the Solicitor
Mr. Sadler expressed his pleasure to be able to address the MACOSH Committee and
explained that, as one of his functions as Ethics Counsel, he usually provides
similar presentations to each of the Advisory Committees that provide assistance
to the Department of Labor.
He briefly described the two types of advisory committees that serve the
government: those composed of Special Government Employees (SGEs) and those
composed of Non-SGEs. SGEs are selected to represent the government and are
subject to a full array of ethics rules. Non-SGEs, which MACOSH members fall
under, are chosen to represent a specific viewpoint or an entity's viewpoint.
The topics Mr. Sadler covered included the misuse of government resources, the
misuse of government information, and the misuse of government affiliation. He
defined government resources as anything that may be made available to the
Committee, to help carry out its mission, and should not be used for personal
activities. This could include equipment, documents, information, and committee
affiliation or title. A handout entitled Summary of the Ethics Rules for
Non-Federal Individuals was provided to the Committee members for reference
during Mr. Sadler's presentation. The handout was part of a MACOSH Handbook,
which was entered into the record under Docket OSHA-2009-0007 as Exhibit B.
Federal Advisory Committee Act (FACA) Briefing
Mr. Joseph Plick, Counsel for Freedom of Information Act (FOIA) & FACA
Office of the Solicitor
Mr. Plick discussed some background information on the FACA. FACA governs the
establishment, operation, and termination of advisory committees. It ensures
that such committees provide prompt, relevant advice and maintain accountability
through cost, controls, and recordkeeping requirements. "It also ensures that
Congress and the public are kept informed about the activities of advisory
committees by making the process transparent." Each advisory committee is
required to follow the same protocol: the Committee is chartered and the charter
is then approved by the General Services Administration, which has government
oversight over how committees are run and determines if the Committees are
properly balanced.
In addition, Mr. Plick discussed the requirement that meetings must be open to
the public and that detailed minutes must be kept. A handout entitled Federal
Advisory Committee Act was provided to the Committee members for reference
during Mr. Plick's presentation. The handout was part of a MACOSH Handbook,
which was entered into the record under Docket OSHA-2009-0007 as Exhibit B.
Budget Briefing
Ms. Kim Locey, Director
Directorate of Administrative Programs
Ms. Locey gave a summary of how the budget process works at the Department of
Labor. She explained that different parts of the budget are controlled by many
entities, which consist of Congress, OMB, and the Department of Labor. Ms.
Locey's PowerPoint presentation was entered into the record under Docket
OSHA-2009-0007 as Exhibit A.
Shipyard Workgroup
Mr. Donald V. Raffo
Workgroup Leader
Mr. Raffo gave a report on the Shipyard workgroup's meeting. What follows are
workplace safety and health issues that the workgroup recommends be addressed by
the workgroup and presented to the Committee for OSHA's consideration.
Top Priorities
1. Surface Preparation and Preservation, Subpart C - This is a carryover item
from the previous charter where the Committee made a recommendation to OSHA to
update and review the regulations in subpart C. OSHA has requested that the
workgroup provide a side-by-side comparison of the current regulations with
proposed regulatory text changes.
2. Safety and Health Injury Prevention Sheets (SHIPS) Documents – OSHA has
sought advice from MACOSH on SHIPS guidance documents in the past. The next
SHIPS will cover rigging and will be provided to MACOSH for their review
shortly. The workgroup recommended that the next SHIPS topic that is drafted
should be shipboard electrical. In addition, the workgroup recommended that
ventilation and ergonomics be added to the list of possible SHIPS.
3. Arc Flash Guidance – The workgroup recommended that OSHA develop a guidance
document on arc flash hazards from high voltage equipment in shipyards. As the
Navy moves towards high voltage in ships, it introduces an increased level of
danger for the employees working on these vessels. The workgroup plans to
provide OSHA with recommendations for reducing injuries and fatalities in this
area.
4. "I've Been Saved" – The workgroup recommended that OSHA develop a webpage
that would highlight positive incident outcomes from implementing safety
precautions utilizing PPE.
5. Commercial Fishing Industry Guidance – The workgroup recommended that OSHA
develop a guidance product for the commercial fishing industry. Some ideas
included a top 20 list of hazards that fishermen should be aware of (i.e., head
protection, PFDs, etc.).
Additional Priorities
6. Scaffolding/Falls/Fall Protection – The workgroup recommended that OSHA
develop a guidance document covering fall protection. Discussion included issues
with toeboards on scaffolding, ladders, and falls to lower levels and deck
openings.
7. Data Request – The workgroup requested that OSHA provide data to include:
o What is "Maritime Industry" - who is included in that term?
o What are the injuries that are occurring to those employees?
o Any data on uninspected vessels (barges) that would help identify hazards and
possible guidance documents to address those hazards
o BLS Statistics – A request was made to invite a speaker from BLS to discuss
the definitions that are used and how the data provided from the industry is
utilized.
o Information on respirator data. Have there been changes in the protection
factors?
8. Guidance Documents – Recommendation for OSHA to develop guidance on the
following topics:
o Toxic Metals (i.e., cadmium, lead, chromium in the paint)
o RF Radiation (non-ionizing) and Acoustic
o Struck By - Control and review of data
o Nuisance dust and its effect on employee exposure
9. How Can MACOSH Assist with the Training of CSHOs – Although OSHA is in the
process of offering a new course, the workgroup expressed that they would like
to offer their expertise and input in the development of the CSHO training
course.
10. Regulatory Action Suggestion – Several workgroup members expressed a concern
with the scope of three standards to include:
o Ergonomics in Shipyard Employment
o Heat Stress
o 1915 - Scope of Shipbreaking
11. Subpart D (Welding, Cutting and Heating) – A carryover item from the
previous charter. OSHA requested that the workgroup provide a side-by-side
comparison of the current regulations with proposed regulatory text changes.
The Committee voted for the Shipyard Workgroup to concentrate on the top five
items and maintain the others on the list as potential topics for discussion in
the future. A PowerPoint presentation listing the "Top Priorities" and
"Additional Priorities" was entered into the record as Exhibit F.
Longshoring Workgroup
Mr. Marc MacDonald
Mr. MacDonald gave a report on the Longshoring workgroup's meeting. What follows
are workplace safety and health issues that the workgroup recommends be
addressed by the workgroup and presented to the Committee for OSHA's
consideration.
Top Five Priorities
1. OSHA Quick Cards – The workgroup recommended that OSHA continue with the
development of a series of Longshoring quick cards and present it to the
Longshoring workgroup for review and comments. Initial topics include: first aid
kits, gangway safety, and life saving equipment, with additional topics to be
suggested at future meetings. The workgroup expressed that a bilingual plastic
card and/or flip booklet format would better assist the industry. An example of
the plastic card was entered into the record as Exhibit C and sample flip
booklet, entitled "Tool Box," as Exhibit D.
2. Issues with Container Repair – This topic was a carryover item from the
previous charter. The workgroup recommended that the Committee help develop an
outline on welding issues on container repair to include cutting, burning and
grinding. Once the first topic is outlined, the workgroup would begin focusing
on repair of chassis and possibly expand the area of focus to include crane
issues as well.
3. MASTIR – Maritime Accumulated Standards Tracker for Improvement
Recommendation focusing on 29 CFR 1910, 1915, 1917, 1918, 1919, 1926. OSHA has
been keeping track of recommended changes in these sections and has developed
proposed regulatory language. The workgroup expressed an interest in reviewing
and commenting on the language.
4. Break Bulk Cargo Safety Guidance – A carryover item from the previous MACOSH
charter. The workgroup recommended that the Committee provide the agency with
possible topics within breakbulk cargo handling for guidance to be developed
(i.e., rigging, fall hazards, and hold-man safety rules).
5. Safety Zone Guidance – The workgroup recommended that OSHA develop guidance
on safety zones for workers on docks, specifically protection from moving
equipment.
6. Speed Limits in Terminals – The workgroup recommended that OSHA develop a
standard or guidance for reducing vehicle and equipment speed on marine
terminals by requiring speedometers in haulage equipment, governors, speed
indicating devices, and Jake brakes. To that end, the workgroup will develop a
white paper, indicating all the issues with excessive speed in marine terminals.
Additional Priorities
7. Fatality Risk Reduction – The workgroup recommended addressing possible
controls to address at-risk behavior (i.e., culture and complacency).
8. Person In the Water – The workgroup proposed that OSHA develop guidance for
retrieval of persons falling in the water, specifically addressing how to
retrieve employees from the water without further injuring them (i.e., lashers
working near water's edge).
9. Semi-automatic Twistlock Issues – The workgroup suggested that OSHA look
further into inspection and maintenance guidelines with semi-automatic
twistlocks. Additionally, the workgroup discussed the Agency research procedures
for dealing with "stuck cones," which have caused crushing injuries.
10. Rail Safety Guidance – OSHA was requested to work on guidance that would
address dock rail issues when performing container and break bulk loading,
working with moving bulk rail cars; and issues with bulk trucks while dumping
loads.
11. Diesel exhaust – This item is a carryover item from the last charter and
addresses crane cab filtration issues, LSI Exhaust from the operation of
forklifts, and large spark ignition engines.
12. Ro-Ro Document review – Comments on this document were provided to MACOSH
during the previous charter. The workgroup requested an opportunity for final
review before the document is published.
13. Defective Containers – The workgroup recommended that OSHA develop guidance
for longshore workers on how to ID containers that may be unsafe for lifting.
14. Back and Lifting Safety – The workgroup suggested that OSHA develop guidance
that will address the proper preparation for work, proper lifting techniques,
and stretching techniques to minimize soft tissue injuries.
15. Gantry Crane Operational Issues – The workgroup recommended that OSHA
develop guidance that discusses gantry crane operational issues, crane brakes,
procedures for crane tie down, and parking cranes where ships are docked.
16. Radiation safety – Guidance was worked on under the previous MACOSH charter;
however, a new generation of higher energy X-Ray machines has been developed
that may require a guidance update.
17. Drug and Alcohol – This item was carried over from the previous charter and
covers post-accident testing and non-addictive medicines.
The Committee voted for the Longshoring Workgroup to begin work on the items
discussed, in the order that they were presented, concentrating on the initial
top five. A PowerPoint presentation, listing the "Top Priorities" and
"Additional Priorities" was entered into the record as Exhibit E.
Closing Remarks/ Tasking
Mr. Jim Thornton
MACOSH Chair
Chairman Thornton advised the Committee with the following:
1. Subgroup Chairs to look back at what was presented at the Committee meeting
and further expound upon the thought process behind each recommendation.
2. Shipyard and Longshoring workgroups to review the details behind each
recommendation and discuss the plan of attack.
3. Shipyard and Longshoring workgroups to hold conference calls with OSHA
representative present, to discuss progress and next steps.
4. Committee members to send dates of unavailability to the MACOSH Liaison,
Danielle Watson, no later than March 31, 2009, in order to narrow down dates for
scheduling a second MACOSH meeting.
At 3:28 p.m. – Meeting adjourned.
I hereby certify that, to the best of my knowledge, the foregoing minutes are
accurate and complete.
___________________________________________
James Thornton, Chairman
Maritime Advisory Committee for Occupational Safety and Health
These minutes will be formally considered by the Committee at its next meeting,
and any corrections or notations will be incorporated in the minutes of that
meeting.
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