The Maritime Advisory Committee for Occupational Safety and Health convened its fifth meeting under the current charter at 8:30 A.M. on April 29, 2010, at the Newport Marriott Hotel, 25 America's Cup Avenue, Newport, RI 02840. The meeting adjourned at 2:50 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 April 27 and 29, 2010, were open to the public.
Committee members present:
OSHA Committee Staff in attendance:
Staff of the Occupational Safety and Health Administration in attendance:
Members of the Public in attendance:
Chairman Thornton announced reminders, first, that the next MACOSH meeting will be held July 13-15, 2010, in Long Beach, CA, and second, that the deadline for nominating future committee members is May 7, 2010. Roll call was taken and the public introduced themselves. A summary of the meeting agenda was given by the Chairman, followed by the committee discussion of the minutes from the previous meeting held in Washington, D.C., on January 20, 2010. The Committee unanimously approved the minutes as corrected (Pete Favazza's name was misspelled on page 10), and they were entered into the record under Docket OSHA-2010-0001 as Exhibit 15.
Jim Maddux, Acting Deputy Director
Directorate of Standards and Guidance
Mr. Maddux welcomed the Committee and public. Mr. Maddux explained that the Assistant Secretary, David Michaels, and Directorate of Standards and Guidance Director, Dorothy Dougherty, had hoped to attend the meeting but were prevented from doing so by other commitments; however, they hope to make the next MACOSH meeting. Mr. Maddux acknowledged the tremendous amount of work that the Committee has accomplished for the Agency and thanked them for their involvement. Mr. Maddux provided the group with an agency update, discussing the implementation of policies of the new administration, one being the emphasis on standards and enforcement. He expressed that recent disasters, including the Tesoro explosion in Washington State, the mine collapse in West Virginia, and the oil rig explosion in the Gulf, highlight the importance of occupational safety and health work. In addition, Mr. Maddux talked about the Agency's aggressive regulatory agenda, which has shown an increase in funding and personnel resources. The Agency is working hard to remove certain tasks from the regulatory agenda and is placing emphasis on meeting projected deadlines on remaining tasks. This revisiting of the regulatory agenda entails the completion of standing items, the removal of projects that are not getting immediate attention, and the addition of regulations dealing with high-impact areas.
Current OSHA efforts include:
Questions and Answers:
Q: Regarding the modernization of OSHA recordkeeping and reporting, Mr. MacDonald cautioned Mr. Maddux that the system developed will need to have the ability to track each incident from start to finish. Additionally, he expressed the concern that a great deal of money has been used towards tracking systems that are already in place and that it will be a waste of money to completely scrap them.
A: Mr. Maddux thanked Mr. MacDonald for expressing his concern and discussed that it is not the Agency's intent for systems that are already in place to be scrapped, but stated that this is an item to be looked at during the stakeholder meeting held in July.
Q: Dr. Lincoln inquired how the Agency intended to regulate injury and illness prevention.
A: Mr. Maddux explained that a number of state plans have regulations for injury and illness prevention programs now, which are either mandatory or incentive-based programs. Approximately 20 of these programs exist through either their OSHA state plan or worker's compensation divisions.
He further explained that OSHA standards are only narrow slices of safety and health (e.g., requirements for guardrails on stairs or material safety data sheets for chemicals). They do not provide an overall framework of how to comply with those regulations set by OSHA from a process standpoint.
Therefore, the Agency feels that the appropriate thing to do is to set up a standardized process where employers look at their own hazards, culture, and environment and work with their employees to develop and institute solutions for hazards/problems without having a narrow OSHA standard for every hazard that exists.
Q: Mr. Adams requested that Mr. Maddux briefly describe the process of the stakeholder meetings he mentioned and how employers get involved.
A: Mr. Maddux stated that stakeholder meetings are for everyone, not just employers. The Agency's goal is to involve a broad range of people with different interests. He further explained the process, beginning with the publication of a Federal Register notice that announces to the public that OSHA plans to have one or more stakeholder meetings. In this notice, the date and location are provided, as well as information on how one can become involved. In recent planning for these meetings, the Agency has been setting up an Internet site where people can submit their requests to attend.
During the meetings, there are generally two types of participants -- (1) "table participants," who are actually engaged in the discussion, and (2) "observers," who are bystanders to the discussion. However, the meetings are very informal, allowing the "observers" to interject at any point. The ideas or information obtained from the stakeholder meetings will be used in policy decisions in terms of what direction to go.
Q: Mr. Davis encouraged OSHA to hold meetings and hearings a little further west of the Mississippi River. He noted the challenges in today's economy for a business or an association to come up with the money to send somebody to represent them in, say, Washington or Chicago. People who are in the trenches are not going to be able to take the time out to travel extended distances.
A: Mr. Maddux acknowledged the comment.
Q: Mr. Favazza asked, in response to the discussion of the modernization of records, whether the organizations that supply the workforce will be able to access the information that is accumulated in this process.
A: Mr. Maddux responded that OSHA is working on the technological issues associated with collecting and disseminating the data and would probably like to get some input from worker representatives on these issues. He then described the kinds of questions the Agency is trying to have answered:
Q: Ms. Parks commented that the U.S. regulatory standards for ship recycling are much more stringent than the ISO approach.
A: Mr. Maddux responded to Ms. Park's concern by asking if any of the shipbreaking facilities she mentioned were certified under the ISO, to which she responded "yes" and went on to explain that MARAD worked a lot on the issue and felt that it was not the right approach to take. Mr. Maddux thanked Ms. Parks for expressing her concern and stated that he would look into the issue.
Q: Mr. Mathews asked whether the injury and illness prevention program will be mandated for all employers, regardless of size.
A: Mr. Maddux responded that that is one of the tough issues, and that you don't expect the same level, especially of paperwork and of sophistication, from small employers. He used California as an example of a model program approach. This approach allows small employers to be exempt from having to provide a written program. Also, other small employers in certain industries, such as agriculture and construction, are required to use the model program provided. This saves the employer the task of developing their own paperwork for the program. The agency intends to develop a program that small businesses can modify in a way that makes sense for them, while still protecting workers.
Q: Mr. Thornton asked, with regards to the cranes and derricks final construction standard, if there will be a construction directive that comes out fairly soon, so that the maritime industry will be able to use it for additional guidance.
A: Mr. Maddux responded that he was unaware of the timeframe in which a directive will be issued, since it is coming out of a different directorate.
The introductory remarks of Mr. Maddux were entered into the record under Docket OSHA-2010-0001 as Exhibit 16. And his PowerPoint presentation was entered into the record under Docket OSHA-2010-0001 as Exhibit 17.
Mr. MacDonald reported on the workgroup's top priorities, determined at the January 20, 2010, meeting, and their status.
The workgroup conducted some research and noted that some language could be incorporated into the existing Traffic Safety in Marine Terminals document, which was published in 2007 and exists on the OSHA webpage. Therefore, the workgroup modified the existing OSHA guidance by adding a section entitled, "Controlling Speed." They felt that this action was a good way to address the concerns in the white paper.
The Shipyard workgroup was given the opportunity to review the document. Comments from the Shipyard workgroup were incorporated into the document. The Committee unanimously voted in favor of accepting the document and recommending that OSHA re-publish the updated document. The document entitled "Traffic Safety in Marine Terminals Guidance Document" was entered into the record under Docket OSHA-2010-0001 as Exhibit 19.
The Committee voted in favor of accepting the workgroup report. The PowerPoint presentation entitled "Longshore Workgroup Report of April 29, 2010" was entered into the record under Docket OSHA-2010-0001 as Exhibit 20.
Dr. Jennifer Lincoln, NIOSH
During the first meeting of the current charter, a question was raised involving what the committee should be focusing their attention on. Through discussion, it was determined that a good starting point would be to look at the injury and fatality data from the maritime industry. In response to this determination, OSHA worked closely with the Bureau of Labor Statistics (BLS) to obtain injury and fatality data from the maritime industry to find out which areas needed more guidance/regulation. The data were quite cumbersome, and Committee members had a lot of questions they wanted cleared up, so they requested that a speaker from BLS address the group.
At the January 20, 2010, meeting, Janice Windau from BLS gave a presentation to the Committee, OSHA staff, and the public to try and explain the data obtained from the maritime industry. Although this presentation was helpful in explaining the data, there were still a lot of questions. Therefore, MACOSH member Dr. Lincoln was asked to compile the BLS presentation and data into a white paper that explains how to use injury and fatality data for action.
A white paper entitled "Using Fatality Data for Action" was drafted by Dr. Lincoln. During her presentation, she referred to this document. She provide the group with a summary of the paper's contents, explaining that the "paper is trying to outline a process of how this committee could use the information to understand what other things we should be working on."
The first section covered surveillance. Surveillance is the ongoing and systematic collection, analysis, interpretation, and dissemination of information. Surveillance is used to describe the size and characteristics of a particular problem and to identify the populations at risk, the risk factors, the modifiable intervention points, and the trends over a period of time. Surveillance information is used to design interventions, and since surveillance is continuing, it can be used to evaluate the impact of those interventions.
Next, Dr. Lincoln went over the previously submitted BLS data and tables by defining some of the acronyms used and simplifying the form used to display the data. The data, collected from 2003 to 2008, revealed that a large number of fatalities in the shipyard industry occurred from falls, including falls from ships; struck by falling objects; and caught in or between. For the same timeframe in marine cargo–handling, the predominant fatalities were attributed to workers being struck by vehicles and falling objects.
Dr. Lincoln gave examples, using data from the fishing industry, to explain how important this type of data is in determining which safety and health areas employers, OSHA, and individuals should concentrate on. She stressed that MACOSH, in conjunction with the agency, should start to learn more about why these fatalities and hazards occur that are associated in particular with falls, contact with objects and equipment, and being struck by vehicles. Also, Dr. Lincoln suggested that, given the opportunity, the Committee should welcome additional face-to-face meetings to learn about successful programs and more information about the hazards.
The PowerPoint presentation entitled "Using Fatality Data for Action" and presented by Dr. Lincoln was entered into the record under Docket OSHA-2010-0001 as Exhibit 21. Her white paper with the same title was entered into the record under Docket OSHA-2010-0001 as Exhibit 25.
Donald V. Raffo
Mr. Raffo discussed the following top priorities of the Shipyard Workgroup, which were determined at the January 20, 2010, meeting, and their status.
A second fact sheet is in development on fall protection. This fact sheet is directed at the commercial fisheries operations, and vessel captains or masters as the target audience. It is the goal of the Shipyard workgroup to have it complete and present it before the full Committee for a vote by the next MACOSH meeting.
This document was reviewed by MACOSH during the previous charter. The Agency has requested the Committee's involvement in working through the areas under scrutiny. The Shipyard workgroup requested that Ms. Parks provide them with more detailed information on the specific sections of the guidance document that she is concerned with, as well as some recommendations. With the provided information, the Committee will then begin to work through some of the issues and will contact representatives from the industry to determine what steps, if any, towards revision are necessary.
The Committee voted in favor of accepting the workgroup report. The PowerPoint presentation entitled, "Shipyard Workgroup April 29, 2010" was entered into Docket OSHA 2010-001 as Exhibit 26.
Chairman Thornton thanked the Committee members and the public for their attendance and reminded everyone of the upcoming meeting, which will take place July 13 – 15, 2010 in Long Beach, CA.
At 2:50 p.m. – Meeting adjourned
I hereby certify that, to the best of my knowledge, the foregoing minutes are accurate and complete.
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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