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Meeting Minutes
The Maritime Advisory Committee for Occupational Safety and Health (MACOSH)
May 20, 2009
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The Maritime Advisory Committee for Occupational Safety and Health was convened
for its second meeting under the current charter at 8:18A.M. on May 20, 2009, at
the Sheraton Anchorage Hotel, Anchorage, AK. The meeting was adjourned at 3:15
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 held on May
19, 2009, were open to the public.
Committee members present were:
James Thornton, Chairman
Alan Davis
Alton H. Glass, Sr.
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
Amy Wangdahl, Shipyard Workgroup Representative
Danielle Watson, MACOSH Liaison
Vanessa Welch, Longshore Workgroup Representative
Christie Garner, Administrative Assistant
Veneta Chatmon, Meeting Coordinator
Staff of the Occupational Safety and Health Administration in attendance were:
Dorothy Dougherty, Director, Directorate of Standards and Guidance
Scott Ketcham, Area Director, Region X
Randy White, Area Director, Region X
John Casper, Compliance Officer, Region X
Matt Pauley, Compliance Officer Region X
Jack Reich, Compliance Officer, Region IX
Roll call was taken and a summary of the meeting agenda was given by Jim
Thornton. The meeting minutes from the previous meeting, held in Washington,
D.C. on March 24, 2009, were unanimously approved by the Committee and entered
into the record under Docket OSHA-2009-0007 as Exhibit H.
Remarks
Ms. Dorothy Dougherty, Director,
Directorate of Standards and Guidance
Ms. Dougherty welcomed the Committee members and the public to the second
meeting of the re-chartered Maritime Advisory Committee for Occupational Safety
and Health (MACOSH). She commended the Committee on their effectiveness at the
previous meeting held in Washington, D.C., where the Committee immediately began
work on developing the agenda items for the current charter and began assigning
tasks among the members and OSHA staff.
Additionally, Ms. Dougherty spoke of how pleased she was to see the Committee
working again and that she looks forward to hearing their recommendations and
seeing the products that develop from all of their hard work. She also discussed
how, since the previous meeting, Jordan Barab was named Deputy Assistant
Secretary of Labor for Occupational Safety and Health and began serving also as
the Acting Assistant Secretary.
Ms. Dougherty gave a PowerPoint presentation that provided an OSHA update of the
spring 2009 regulatory agenda. Some of the agenda items that were discussed
were: Diacetyl, Combustible Dust, General Working Conditions in Shipyard
Employment, Cranes and Derricks, Infectious Disease, Beryllium, Silica, Globally
Harmonized System (GHS), Hearing Protection, and Explosives.
Ms. Dougherty's presentation was entered into the record under Docket
OSHA-2009-0007 as
Exhibit I.
Remarks
Mr. Jordan Barab, Acting Assistant Secretary of Labor for
Occupational Safety and Health
Mr. Barab joined the meeting via teleconference. He welcomed the Committee
members and thanked them for their service and great work. He also gave specific
thanks to Mr. Thornton for continuing to chair the Committee.
Mr. Barab discussed the events of Workers' Memorial Day, which took place on
April 28, 2009. On this day, Hilda Solis, the Secretary of Labor, traveled to
the National Labor College in Silver Spring, MD and delivered a speech before
the ground breaking of a memorial for fallen workers. Mr. Barab summarized Ms.
Solis's speech in which she expressed her belief in vigorous enforcement of the
laws to protect workers without causing undue burden for employers, as well as
the Department of Labor's commitment to providing a strong federal role in
protecting workers. He also described the Agency's certainty that most employers
want to do the right thing, which is why OSHA continues to work with employers.
As an example, he cited the maritime industry's decline in occupational
injuries, illnesses, and lost workday rates over the last ten years. Mr. Barab
also remarked on the need for employers receiving money from the Recovery Act to
comply with OSHA regulations and OSHA's intent to enforce regulations on
Recovery Act-funded worksites. He also highlighted several other OSHA projects.
- The Agency is working on many compliance assistance documents, several of
which focus on construction. These documents are highlighted on the OSHA
webpage.
- A new combustible dust standard is in development, the need for which was
reinforced by a recent explosion at the Imperial Sugar factory in Georgia,
killing fourteen workers.
- Several guidance and outreach products have been produced that focus on the
recent pandemic flu (H1N1) outbreak and healthcare workers who are on the
frontline. The goal of the Agency is to ensure that these workers are protected,
educated, and trained about the virus. In addition, the guidance spotlights the
need for proper precautions and which personal protective equipment (PPE) to
use, such as respirators. The shorter publications are being issued in English,
as well as in Spanish, and all of the guidance products can be found on the OSHA
webpage.
- The revised Shipyard Industry Digest was published during the week of May 11,
2009. This 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. This document is
also published on the OSHA webpage.
- On April 28, 2009, guidance on controlling silica exposure in construction was
published. An electronic version of this document is posted on the OSHA website.
- A new guidance document for combustible dust has been developed and is
currently going through Agency review.
- OSHA drafted a Ship Scrapping Document to help employers and employees
maintain a safe work environment while engaged in scrapping of ships. This
document is currently being reviewed by Agency staff at the National Office and
in regions with maritime experience.
Region X
Mr. Scott Ketcham, Area Director
Region X
Mr. Ketcham expressed his pleasure to be able to address MACOSH and thanked
everyone, including his compliance officers and staff, for all of their hard
work in helping to ensure worker safety.
He briefly described his background, having worked for OSHA thirteen years and
an overall nineteen years as a safety and health professional. Mr. Ketcham then
began a PowerPoint presentation, sharing some interesting facts about Alaska,
and talked about his office's involvement with the maritime industry. The
Anchorage office conducts approximately 125 inspections annually, focusing on
safety at shipyards, boat repair facilities, marine cargo handling facilities,
off-shore oil drilling platforms, commercial diving facilities, and fisheries.
Of the approximate 125 annual inspections, 32 focus on fisheries. A majority of
the fish operations in Alaska occur in remote locations such as Dutch Harbor.
This harbor is located in the Aleutian Islands and produces approximately 50% of
the United States' seafood.
In addition Mr. Ketcham discussed his belief that OSHA, along with industry and
workplace practices, has made a difference. Cooperatively through regulation,
enforcement, and compliance assistance, value has been added to businesses,
work, and life. Since 1971 workplace fatalities have decreased over 60% and
occupational injuries and illnesses have declined 40%. The Committee and members
of the public were then welcomed to ask questions.
The PowerPoint presentation was entered into the record under Docket
OSHA-2009-0007 as
Exhibit G.
Hot Topics Discussion
Mr. Bill Perry, Deputy Director,
Directorate of Standards and Guidance
Mr. Perry welcomed all in attendance and thanked the Committee members for their
hard work in the workgroup sessions on May 19, 2009. He explained that OSHA's
intent in adding a "Hot Topics" discussion was to cover recent topics that the
Agency would like to share with the Committee and receive input. Mr. Perry
initiated discussion on three topics.
Cranes and derricks - The Directorate of Construction published a proposed
standard pertaining to new requirements for the certification of crane
operators. It is still unclear whether this standard will impact the maritime
industry. It depends under which standard certain operations in marine
facilities fall (e.g., 29 CFR part 1910, 1915, or 1926). The Directorate of
Standards and Guidance is currently under the assumption that when the operation
is clearly shipbuilding, ship repair, and shipbreaking, the workers are covered
under 29 CFR part 1915. However, when shipyard workers are performing tasks that
are incidental to, but do not directly involve, shipbuilding, ship repair, or
shipbreaking, it becomes difficult to determine under what category the work
falls; that is, is it a general industry, construction, or maritime operation?
Such tasks could be termed "related employment." This term is defined in 29 CFR
1915.4 as "any employment performed as an incident to or in conjunction with
ship repair, shipbuilding, or shipbreaking work, including, but not restricted
to, inspection, testing, and employment as a watchman."
Initial discussion on "related employment" occurred in the shipyard workgroup
meeting on May 19, 2009, and then carried over to the full committee meeting.
The workgroup has been asked to provide the Agency with examples of related
employment in shipyard employment.
Standards Improvement Projects (SIPs) – Standards Improvement Projects (SIPs)
are regulatory projects that OSHA has been working on to update existing
standards by deleting obsolete sections and/or by adding clarifications. The
changes would be fairly low impact; employers would not have to do a lot to
comply; and some employers may be relieved of having to continue certain
previously required operations. Two SIPs rulemakings have been published, and
OSHA is currently working on Phase Three of this project.
In December of 2006, the Agency published an advance notice of proposed
rulemaking (ANPR), which included several questions related to performing hazard
assessments for determining personal protective equipment (PPE) requirements for
various tasks. In 29 CFR 1910 and 1915 there is an explicit requirement for
employers to certify that they have performed a hazard assessment to determine
what PPE is necessary for what type of task, provide the proper PPE, and ensure
that employees are using the PPE when they are performing those tasks. However,
this requirement is absent from 29 CFR 1917 and 1926. In response to the ANPR,
OSHA received a number of comments from the longshoring industry questioning the
need for the hazard assessment to be written and posted at the worksite. They
felt that this requirement would be a large paperwork burden and would provide
little improved protection for workers.
During the MACOSH meeting, OSHA requested that the Committee provide input
regarding the PPE issue in revising the longshoring standard. Several of the
Committee members commented, and the overall opinion was that a requirement to
have a written standard wasn't necessary. They explained that the standard
practice among the longshoring industry has been to wear the required PPE from
the time they enter the marine terminal until they leave, which makes it
difficult to forget. In addition, one member expressed his personal opinion
that, in some cases, PPE requirements present more danger for the workers (e.g.,
safety vests that become loose clothing). OSHA is presently developing a
proposed rule for SIPs regarding PPE that will be based in part on comments and
guidance the Agency has received or will receive from the Committee.
Pandemic Flu – In response to the swine flu, OSHA developed a fact sheet and a
quick card on this topic. The fact sheet was developed to give employers a
simple description of the measures to take in the workplace to minimize the
impact of flu infection. The quick card, a one-page document with English on the
front and a Spanish translation on the back, is directed at workers and explains
the steps they need to take to protect themselves. It emphasizes respiratory
protection, social distancing, supplies, and engineering methods. In addition,
OSHA is working on two guidance documents relating to risk assessment in
planning for pandemic flu and stockpiling respirators. Both documents lay out a
"pyramid" concept that will help employers look at each person's job and
evaluate their infection risk.
OSHA requested that the Committee look over the fact sheet and quick card and
provide feedback as to whether they think this type of information and format
are useful to the maritime industry.
Shipyard Workgroup
Mr. Donald V. Raffo
Workgroup Leader
Mr. Raffo gave a report on the Shipyard workgroup's meeting. What follows are
the workgroup's top priorities as determined at the previous meeting and their
status.
Surface Preparation and Preservation, Subpart C – This was a carryover item from
the previous charter where the Committee made a recommendation to OSHA to update
and review the regulations in 29 CFR part 1915, subpart C. The workgroup
provided OSHA with material safety data sheets (MSDSs) of common paints and
coatings used in shipyards, which were entered into the record as Exhibit K
under Docket OSHA-2009-0007. Additionally, the workgroup commented that the
current standard is out of date with existing technology. Paints now have higher
flashpoints, making the flammability of paints less of a problem; however,
toxicity has become more of an issue, making respiratory protection necessary.
The workgroup recommended that OSHA look into separating the requirements
pertaining to flammability and toxicity. During the previous MACOSH charter, the
Committee provided OSHA with a side-by-side comparison of the current
regulations with proposed regulatory text changes. The workgroup plans to expand
upon the preceding group's work and hopes to present it to the full Committee at
the next meeting.
Safety and Health Injury Prevention Sheets (SHIPS) Documents – OSHA has sought
advice from MACOSH on SHIPS guidance documents in the past. The most recent
SHIPS, covering rigging, was provided to the shipyard workgroup during their
workgroup session on May 19, 2009. The workgroup will review the document and
provide comments to OSHA, which will be incorporated into the document and
shared with the full Committee to vote on. The SHIPS rigging document was
submitted into the record under Docket OSHA-2009-0007 as Exhibit L.
Arc Flash Guidance – The Navy's move towards high voltage in ships, introduces
an increased level of danger for the employees working on these vessels. At the
previous MACOSH meeting, the workgroup recommended that OSHA develop a guidance
document on arc flash hazards from high voltage equipment in shipyards. However,
after conducting a brief literature search the members discovered that there is
quite a bit of information on this topic. The workgroup plans to discuss this
topic further to determine if the industry would benefit from the development of
additional guidance.
"I've Been Saved" – At the previous shipyard workgroup meeting, the members
recommended that OSHA develop a webpage that would highlight positive incident
outcomes from implementing safety precautions, such as utilizing PPE. Through
discussion, it was determined that in order for the website to meet the needs of
the industry, OSHA would need to receive near miss reports from employees and
employers. A majority of the workgroup members felt that employees would not be
willing to provide the Agency with their near miss stories and therefore decided
to remove this agenda item from their list of top priorities.
Commercial Fishing Industry Guidance – At the previous meeting the workgroup
recommended that OSHA develop a guidance product for the commercial fishing
industry. After discussion, the workgroup felt that a series of quick cards
would be the most useful to the fishing industry. The first four quick cards
will cover jurisdictional issues, lockout/tagout practices, rigging, and
confined space issues, including the use of refrigerants onboard vessels.
Scaffolding/Falls/Fall Protection – At the previous meeting 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. The first project to address these hazards will
be to develop a side-by-side of the current regulations in 29 CFR part 1915
subpart E with proposed regulatory text changes.
Related Employment in Shipyards – During the workgroup meeting on May 19, 2009,
the members began discussion as to whether the proposed construction standard,
pertaining to new requirements for the certification of crane operators, applies
to the maritime industry. To better understand the issues at hand, OSHA and the
Committee determined that it was necessary to ascertain what is meant by the
term "related employment." This term is defined at 29 CFR 1915.4 as "any
employment performed as an incident to or in conjunction with ship repairing,
shipbuilding, or shipbreaking work, including, but not restricted to,
inspection, testing, and employment as a watchman." The workgroup plans to
research the type of work that falls under "related employment" and any
differences based on the size of the shipyard. The findings will be presented to
the full Committee at the next meeting.
A PowerPoint presentation listing the workgroup's priorities and updates was
entered into the record under Docket OSHA-2009-007 as Exhibit J.
Longshoring Workgroup
Mr. Marc MacDonald
Workgroup Leader
Mr. MacDonald gave a report on the Longshore workgroup's meeting. What follows
are the workgroups top priorities, determined at the previous meeting, and their
status.
OSHA Quick Cards – The workgroup reviewed and suggested revisions to three
longshoring quick cards that OSHA developed. The topics include: first aid in
marine terminals, life saving facilities in marine terminals, and gangway safety
in marine terminals. After reviewing and discussing the workgroup's suggested
revisions, the Committee recommended that OSHA move forward with the publication
of the revised cards.
Issues with Container Repair – This is a carryover item from the previous
charter. At the March 24, 2009, meeting, the workgroup recommended that they
help develop an outline on welding issues that arise during container repair,
which will include cutting, burning and grinding. One of the workgroup members
visited several container repair facilities to determine some of the hazards
involved and shared that information with the workgroup. From the information
collected, the workgroup drafted an outline of topics to be included in a
container repair guidance document. A draft outline will be presented to the
full Committee at the next meeting. Once the first topic is outlined, the
workgroup will begin focusing on chassis repair and crane maintenance.
Break Bulk Cargo Safety Guidance – This is a carryover item from the previous
MACOSH charter. At the March 24, 2009, meeting 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). The workgroup developed a working draft document that they will
continue to develop and will present to the full Committee at the next meeting.
Safety Zone Guidance – At the previous meeting, the workgroup recommended that
OSHA develop guidance on safety zones for workers on docks, specifically,
protection from moving equipment. The workgroup surveyed some marine terminals
on the West Coast and their high-line layouts. They measured and compared land
widths and safety lanes, which varied among the different facilities. The
workgroup plans to develop language for guidance that will be applicable
nationwide.
Speed Limits in Terminals – At the previous meeting 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 recommendations that address excessive speed in marine terminals.
Defective Containers – At the previous meeting the workgroup recommended that
OSHA develop guidance for longshore workers on how to identify containers that
may be unsafe for lifting. A draft quick card, based on ISO Circular 134, was
developed by the group. The workgroup plans to continue work on this card to
refine the wording and then present it to the full Committee.
Ro-Ro Document review – During the previous charter, the Committee reviewed and
commented on a roll on-roll off (Ro-Ro) guidance document. Their comments were
incorporated, and the document is undergoing an internal Agency review. At the
March 24, 2009, meeting, the workgroup requested an opportunity for final review
before the document is published. OSHA provided the workgroup with a copy of the
draft document and requested that comments be provided to the Agency within a
couple of weeks. The Ro-Ro guidance document was entered into the record under
Docket OSHA-2009-0007 as Exhibit O.
A PowerPoint presentation listing the workgroup's priorities and updates was
entered into the record under Docket OSHA-2009-0007 as Exhibit N.
Closing Remarks/ Tasking
Mr. Jim Thornton
MACOSH Chair
Chairman Thornton advised the Committee with the following:
- Workgroup Chairs to look back at the priorities presented at the past two
meetings and ensure that the projects can be completed by the end of the
charter.
- Shipyard and Longshoring workgroups to add the next consecutive projects,
listed in each groups priorities, as higher-priority items are completed and
removed from the list.
- Shipyard and Longshoring workgroups to hold conference calls with OSHA
representative present, to discuss progress and next steps.
- Committee members to reserve the first week in September (August 31 –
September 4) on their calendars for the scheduling of the third meeting of this
charter.
At 3:15 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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