Meeting Minutes - The Maritime Advisory Committee for Occupational Safety and Health (MACOSH), January 20, 2010
The Maritime Advisory Committee for Occupational Safety and Health (MACOSH)
January 20, 2010
The Maritime Advisory Committee for Occupational Safety and Health convened its fourth meeting under the current charter at 9:05 A.M. on January 20, 2010, at the U.S. Department of Labor, 200 Constitution Avenue, N.W., Washington, D.C. 20210. The meeting adjourned at 3:23 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 January 19, 2010, were open to the public.
Committee members present:
James Thornton, Chairman – Northrop Grumman Newport News Shipbuilding
Stewart Adams – U.S. Department of the Navy
Alan Davis – American Seafoods Company
Michael J. Flynn – International Association of Machinists and Aerospace Workers
Alton H. Glass, Sr. – United Steelworkers
Lesley E. Johnson – International Brotherhood of Electrical Workers
Kenneth Killough – South Carolina Stevedores Association
Charles Lemon – Washington State Department of Labor and Industries
Jennifer Lincoln – NIOSH
George Lynch – International Longshoremen’s Association
Marc MacDonald – Pacific Maritime Association
Tim Podue – International Longshore and Warehouse Union
Donald V. Raffo – General Dynamics
Kenneth A. Smith – U.S. Coast Guard
OSHA Committee Staff in attendance were:
Joseph V. Daddura, Designated Federal Official
Susan Brinkerhoff, Counsel
Veneta Chatmon, OSHA Exhibits Manager
Christie Garner, Administrative Assistant
Amy Wangdahl, Shipyard Workgroup Representative
Danielle Watson, MACOSH Liaison
Vanessa Welch, Longshore Workgroup Representative
Staff of the Occupational Safety and Health Administration in attendance:
Steve Butler, Director, Office of Maritime Compliance
Paul Comolli, Office of Maritime, Directorate of Enforcement Programs
Angelo Costa, Compliance Officer, Region III
David Doucet, Compliance Officer, Region VI
Brian Drake, Compliance Officer, Region VII
Leo Edwards, Area Director, Region III
Deborah Gabry, Directorate of Technical Support and Emergency Management
Thomas Galassi, Director, Directorate of Technical Support and Emergency Management
Eric Kampert, Office of Maritime, Directorate of Enforcement Programs
Patrick Kapust, Deputy Director, Directorate of Enforcement Programs
John King, Office of Maritime Compliance
Jim Maddux, Deputy Director, Office of Maritime Standards
Stacey McGuire, Desk Officer, Directorate of Standards and Guidance
Katie Nishimura, Compliance Officer, Region I
Joe Pedragon, Compliance Officer, Region IX
Bill Perry, Deputy Director, Directorate of Standards and Guidance
John Vos, Compliance Officer, Region IV
Ira Wainless, Office of Maritime Standards
Chairman Thornton took roll call of the Committee, and afterwards the public introduced themselves. The Committee discussed the minutes from the previous meeting held in Newport News, on September 2, 2009 and found that Chuck Lemon’s name had been omitted from the list of Committee members in attendance. The Committee unanimously approved the minutes on the condition that Chuck Lemon’s name is added to the minutes. The corrected meeting minutes approved by the Committee were entered into the record under Docket OSHA-2010-0001 as Exhibit 1. Chairman Thornton also gave a summary of the meeting agenda.
Bill Perry, Deputy Director
Directorate of Standards and Guidance
Mr. Perry welcomed the Committee, and told the Committee that he enjoyed serving as the previous Designated Federal Officer. Mr. Perry talked about the Agency’s rejuvenated regulatory agenda, and directed them to the Office of Management and Budget’s (OMB) web site, if they wanted to see the two OSHA items under OMB review. The first proposed OSHA item is to reinstate the musculoskeletal disorders (MSD) column on the OSHA recordkeeping form, so that employers can identify which recordable injuries represent MSDs. OSHA is hoping that by having the column on the form, it will provide the Agency and the public with better information on the occurrence of recordable MSDs in different industry sectors. The other item under review at OMB is the proposed rule to revise Subpart D, Walking and Working Surfaces for General Industry, and Subpart I, Personal Protective Equipment. The proposed rule will address slips, trips, and fall hazards, and will cover ladders, rope descent systems, stairs, ramps, personal fall protection systems, and things of that nature. The proposed publication date is in March 2010.
Several proposed rules will become final rules this year. Subpart F, General Working Conditions in Shipyard Employment, is scheduled for publication in September 2010 and contains provisions for lockout/tagout programs. In July 2010, the Agency will issue a proposed rule for crystalline silica exposure in general industry, construction, and maritime industries. OSHA is evaluating the comments from the peer review. OSHA is also working on the technological feasibility, the economic analysis, and all the other parts of the proposed rule in order to get it out this year.
Other OSHA efforts include:
Hazard communication. TOSHA published a proposal to adopt the globally harmonized system for hazard communication, including material safety data sheets and labels. The proposed rule has very broad application and will affect almost every industry. OSHA will hold a public hearing in Washington, DC, on March 2, 2010.
Hexavalent chromium. In response to a court remand, OSHA intends to publish a final action for hexavalent chromium in February that will deal with employee notification of monitoring requirements.
Combustible dust. Last fall OSHA published an ANPR on combustible dust hazards. Although the record is technically closed, OSHA continues to solicit useful information and data that would assist in the efforts to fully understand the effects of a combustible dust standard in the maritime industry. The agency held stakeholder meetings in Washington, D.C. in December and will hold another round of stakeholder meetings in Atlanta in February, and another one in Chicago in April.
Chairman Thornton asked if the aforementioned standards projects mentioned were the only standards on the regulatory agenda or if they were just those that were of particular interest to the maritime industry. Mr. Perry explained that he just covered the ones that were of greatest interest to the group. Mr. Perry also stated that OSHA has a number of other initiatives on the regulatory agenda such as beryllium, which is a large health standard in its early stage. In addition, the record in the cranes and derricks rulemaking is now closed and a final rule is being prepared. Chairman Thornton also inquired about the health management standard. Mr. Perry informed the group that the standard is not on the regulatory agenda although the new Assistant Secretary is interested in promoting the growth of safety and health management systems in general.
A member of the public asked Mr. Perry if the agency was going to issue any regulations on hand arm vibration and whole-body vibration. Mr. Perry informed the audience member that the agency is aware of the hazard and OSHA believes the issue is very important, but OSHA does not have any plans to develop or take any regulatory action on the issue.
Mrs. Wangdahl provided a brief update on the history of the MACOSH web site. In 2009 the Committee recommended that OSHA create a web site for the Committee’s use that would house MACOSH documents and post meeting information. Although the web site is not yet accessible by Committee members, Mrs. Wangdahl showed the Committee what the web site will look like when it is fully functional. She also informed the Committee that this was the first time the agency has allowed a public group to access an OSHA extranet site.
OSHA created three pages: a general MACOSH page, a longshoring workgroup page, and a shipyard workgroup page. Committee members will be able to access meeting information, minutes, MACOSH charter, contact information, and completed projects on the general MACOSH page. The workgroup pages will be accessible only to workgroup members and will contain priority lists, working documents, and workgroup contact information. The site is set up to be read-only, so only OSHA staff may post documents. Committee members may ask OSHA employees to initiate a posting for them. The returning MACOSH members on the next charter will not have to re-register to use the web site.
Mrs. Wangdahl encouraged the Committee to suggest changes or improvements at any time. Chairman Thornton asked how the members are to be informed when something has been added or updated. Mrs. Wangdahl stated that there is no automatic update message. Several members suggested everything to do with MACOSH should be posted on the page, including MACOSH minutes from previous years. Chairman Thornton thanked Mrs. Wangdahl for her efforts. The PowerPoint presentation entitled "MACOSH Extranet Page" was entered into the record under Docket OSHA-2010-0001 as Exhibit 2.
David Michaels, Ph.D., MPH
Assistant Secretary for Occupational Safety and Health
The Committee members introduced themselves to Dr. David Michaels, the newly appointed Assistant Secretary for Occupational Safety and Health. Next, Chairman Thornton gave Dr. Michaels a brief summation of the Committee’s successes since the beginning of the charter.
Dr. Michaels formally thanked the Committee for their hard work and informed the Committee that he had been briefed extensively on the success of the Committee. He also stated that the important work the Committee allows OSHA to help employers and workers around the country prevent injuries and illnesses. Dr. Michaels recognized Dr. Jennifer Lincoln, a fellow epidemiologist on the Committee, and followed up by providing the Committee with a brief background of his career prior to arriving at OSHA. He then discussed a few of OSHA’s activities.
This Administration is focused on enforcement. OSHA inspectors are issuing higher citations. In fact, OSHA issued the biggest fine in its history, $84 million, against BP. For the most part, the Agency is not interested in issuing bigger fines, but would like to work with employers, unions, other groups to reduce injuries and illnesses.
The Agency is spending a lot of time thinking about regulations and how to move them forward, which is something of concern to the Committee. OSHA has some regulations in the pipeline that will hopefully to come out soon.
OSHA will be holding a public meeting, "OSHA Listens," at DOL Headquarters on February 10, 2010. Dr. Michaels invited the Committee members and their colleagues to make an oral presentation at the meeting or submit their written comments to OSHA. Written comments will be posted in the public docket.
Dr. Michaels affirmed his commitment to re-charter the Committee. Finally, in response to a question about his priorities, he explained that he will focus on enforcement, being strategic about the regulatory process, exploring a safety and health program standard, and improving recordkeeping. He also emphasized the importance of the Agency’s Voluntary Protection Program.
Donald V. Raffo
Mr. Raffo discussed the following top priorities of the Shipyard Workgroup, which were determined at the September 2, 2009, meeting, and their status.
Related Employment – The workgroup developed a white paper, which had been distributed to the full Committee, listing job tasks that are outside the scope of 1915 but are performed in shipyards. The workgroup considers these tasks to be related to shipyard employment. The Longshoring Workgroup did not recommend any changes to the document. The Committee unanimously voted in favor of accepting the document. The white paper entitled "Shipyard Related Employment" was entered into the record under Docket OSHA-2010-0001 as Exhibit 3.
SHIPS Rigging Document – The document was reviewed by the Shipyard Workgroup, which recommended some changes. OSHA incorporated the changes, and the document was given to the Longshoring Workgroup for review. The Longshoring Workgroup did not recommend any changes. The Committee voted to accept was motion for the Committee to accept the document and recommend that OSHA publish it. The SHIPS document entitled "Rigging" was entered into the record under Docket OSHA-2010-0001 as Exhibit 4.
Commercial Fishing – The workgroup is currently working on and has decided to draft two draft fact sheets. One is on confined space safety and it is approximately 90 to 95 percent complete. The goal is to submit the document to the Longshoring Workgroup for their review and to incorporate their recommendations in time for a vote at the next meeting. The second fact sheet is on fall protection. This fact sheet is directed at the commercial fisheries operations, and vessel captains or masters are the target audience.
Arc-flash Safety – The workgroup is working on an arc-flash safety document to incorporate into the upcoming SHIPS document on electrical safety. This issue is timely because bigger ships are starting to switch over to electric systems. The document will include specific hazards and abatement recommendations.
Scaffolding and Cranes – The workgroup has been conducting a review of 29 CFR 1915.71 (the shipyard employment standard for scaffolds or staging) and 29 CFR 1926.550(g) (the construction standard for crane or derrick suspended personnel platforms). This review will help MACOSH to develop a standard that is unique to the industry. Several members of the Committee echoed the workgroup chairman’s statement that the maritime industry should have had input during the negotiated rulemaking on cranes and derricks in construction. Although the hazards appear to be the same between the industries, the feasible approaches to controlling the hazards are different, especially with regard to safely lifting workers. The workgroup would like to have one set of maritime standards rather than multiple industry standards that require shipyard employers to determine which one applies where. It is the Committee’s goal to submit to OSHA, before the current charter ends, an advisory of the need for a shipyard-specific standard.
BLS Data – The workgroup wanted to ensure they were looking in the proper work areas to see where the injuries and fatalities were in the maritime industry. The workgroup has tasked one of its members with developing an one page white paper on BLS statistics on injuries in shipyard employment and how the information could be useful or not to the Committee.
Fact Sheets – OSHA presented the Shipyard Workgroup with two fact sheets: one on ventilation during hot work and one on eye protection against radiant energy while welding. The workgroup provided recommendations to OSHA. The Agency is going to take the comments, incorporate them into the fact sheets, and send the fact sheets out again for review and comment. The Longshoring Workgroup should have reviewed it by the next meeting.
Silica – The workgroup took note that OSHA requested comments from the Committee concerning silica in the shipyard industry. Shipyards have shifted away from using silica. There were some questions on blasting silica used in non skid. Silica is found in concrete, not in traditional shipyard activities. Chairman Thornton solicited comments from the audience about the use of silica, but no one responded.
Combustible dust – The workgroup heard two presentations on combustible dust. OSHA gave a short presentation on efforts to develop a standard for this hazard. Mr. Greg Grondin from Bath Iron Works provided the workgroup with an extensive presentation on the issues of combustible dust in the shipyard and some issues associated with the current testing methods. The PowerPoint presentation entitled "Combustible Dust, An Old, New Hazard" was entered into the record under Docket OSHA-2010-0001 as Exhibit 5.
The Committee voted in favor of accepting the workgroup report. The PowerPoint presentation entitled "MACOSH Shipyard Workgroup Summary" was entered into Docket OSHA 2010-001 as Exhibit 6.
Ms. Janice Windau, Epidemiologist
Bureau of Labor Statistics
BLS Injury and Fatality Data Discussion
Ms. Windau discussed how BLS collects their fatality data from the BLS census of fatal occupational injuries. It covers all work related injury fatalities that occur in the U.S., and it includes the 200 mile offshore economic zone. It includes the self employed, public sector, private sector, all industries, and volunteer workers. The preliminary data come out in August after the reference year, then there’s a one time update, with the final data being released in April of the next year.
The fatality data are collected by the state; BLS also uses data from several federal agencies including OSHA. Non fatal data comes from the Survey of Occupational Injuries and Illnesses. Up until 2010, the survey was limited to private sector, State and local government in about 25 or 30 States. Starting with 2008 data BLS is collecting State and local government nationwide. An audience member asked if the survey covered Federal employees and would it exclude Navy shipyards. Ms. Windau responded that BLS is working on getting data from the federal government, and it would include civilian workers, but when it comes to military workers, she’s didn’t believe so. She explained that the survey is mandatory except for some State and local governments. State Plan States are required to report, but whether non State Plan States report depends on state law. BLS is currently using the North American Industry Classification System, the 2002 edition, beginning with data for 2003 and the Standard Occupational Classification System for occupation, the 2000 version, beginning with 2003 data, and is now beginning to use the 2007 NAICS to classify occupations.
The case characteristic data is in accordance with the BLS developed Occupational Injury and Illness Classification System (OIICS). The system covers nature of injury, the part of the body that was affected, the event or exposure that describes what type of incident it was, the source of injury, and the secondary source is what other type of equipment was involved. The OIICS is currently being revised and there should be draft available in the spring. Ms. Windau clarified that all non-fatal data is extracted from the OSHA 300 log.
Ms. Windau told the Committee to get requests to her as soon as possible, if they had any suggestions or would like additional breakouts for the BLS case characteristics data on type of incidents, or type of equipment, so BLS could to incorporate them into the OIICS draft. Ms. Windau explained the various data and charts in her presentation. She told the Committee how the data is sorted; how the injury and fatality data can be sorted; and how it is categorized. There was a lengthy discussion between Ms. Windau and the Committee on how to decipher the data. Ms. Windau concluded her presentation, and the PowerPoint presentation entitled "BLS Data for Occupational Injuries and Illnesses" was entered into the record under Docket OSHA-2010-0001 as Exhibit 7. The multi-page chart, "Number and Rate of Non Fatal Occupational Injuries and Illnesses by Selected Industries, All U.S., Private Industry 2008," was entered into the record as Exhibit 8.
MACOSH: OSHA Enforcement Update, January 2010
Mr. Kapust gave a brief overview of OSHA’s inspection targeting system, enforcement directives, maritime projects, and OSHA's inspection statistics to include maritime in general industry.
Enhanced Enforcement Program (EEP) – The EEP is going to be replaced by the Serious Violator Enforcement Program (SVEP). The SVEP program should be implemented soon and will focus OSHA’s resources on employers who have demonstrated indifference to their obligations under the OSH Act by committing willful repeat violations or failure to abate violations in the most severe occupational hazards. If an employer meets the SVEP criteria, they will be subject to follow up inspections and additional actions.
Site-Specific Targeting 09 (SST) – This program became effective July 2009 and is based on 2007 injury and illness data where 80,000 establishments were surveyed. It targets establishments with high days away from work.
Lead National Emphasis Programs (NEP) – The lead NEP has been active since 2001 and was updated in 2008. OSHA is using blood levels reported by local health departments and targets industries such as painting, battery manufacturing, and scrap metal.
Silica NEP – This NEP has been active since 1996 and was updated in early 2008. It targets industries such as stonework, masonry, concrete, iron foundries, process safety management, and oil refineries.
Refinery NEP – Effective in August 2009, this NEP allows OSHA to continue oil refinery inspections to completion by 2011.
Process Safety Management in Chemical Plants NEP – This NEP became effective in July 2009 as a one-year pilot in Regions 1, 7, and 10. It targets PSM covered chemical facilities, not refineries. Businesses are still subject to unprogrammed inspections in any region. OSHA’s CSHOs go on inspections with a list of 10 to 15 questions that will change over time. The CSHOs will ask these questions and if the CSHO believes that there are deficiencies, they will expand the inspection. At the end of the pilot, OSHA is going to conduct a review and evaluate its effectiveness and whether or not OSHA should expand and increase the NEP’s length.
Federal Targeting (FedTarg) – This targeting of Federal agencies began in 2008 and is based on a Government Accounting Office study that recommended targeting Federal workplaces.
Amputation NEP – This NEP has been in effect for three years and targets 40 manufacturing standard industrial classifications with high amputation rates, and high numbers of OSHA violations related to amputations. OSHA is currently finalizing the evaluation of this emphasis program.
Shipbreaking NEP – OSHA conducts about 40 inspections annually that include Navy and private companies. OSHA is conducting a five year review of this NEP.
Combustible Dust NEP – This NEP targets 64 industries with high incidents of dust explosion or dust incidents that could cause explosions. Since October 2007, OSHA has conducted over 1,000 Federal and State inspections with over 5,000 violations related to the NEP. OSHA has issued a statistics report which can be found on the OSHA web site.
NEPs Under Development – These include primary metals, exposures to noise, silica, and lead.
Isocyanides – OSHA is looking at exposure to isocyanides in building and construction to see how exposed workers can be targeted.
Hexachrome – Expected to be out soon and a targets industry with past overexposures to hexachrome including welding, blasting, does include shipbuilding and repair, and paint manufacturing.
The H1N1 Directive – Issued in November 2009, it follows CDC's guidelines on infection control of H1N1 in high to very high hazard health care settings.
Flavoring Chemicals NEP – This NEP was signed in October 2009 and was designed to reduce exposures to flavoring chemicals in facilities that manufacture food flavoring containing diacetyl.
Personal Protective Equipment – will reflect the changes in the personal protective and census standard that was recently updated to include provisions for employer payment for PPE.
Asbestos – OSHA is updating the 1996 Compliance directive for 1926. 1910 and 1915 will be updated once the 1926 directive is complete.
Field Operations Manual (FOM) – The FOM constitutes OSHA's general enforcement policy and procedures for conducting inspections, issuing citations, and proposing penalties, etc. It became effective in March 2009 and was recently updated in November of 2009. There will be periodic updates.
Jurisdiction directive – Recently signed, it combines the OSHA/Coast Guard Authority over Vessels Directive and the Outer Continental Shelf Directive into a single document.
Mr. Kapust’s PowerPoint presentation entitled "MACOSH-OSHA Enforcement Update January 2010" was entered into Docket OSHA-2010-0001 as Exhibit 9.
Mr. MacDonald reported on the workgroups top priorities, determined at the September 2, 2009, meeting and their status.
Combustible Dust – After OSHA’s presentation, the workgroup has a good understanding of OSHA’s intent. There is some overlap with longshore marine cargo handling on the bulk products, but the workgroup will make sure that that information gets back to their industry members for possible comment.
Intermodal Container Repair Guidance Document – Chuck Lemon lead the development of the draft document. The workgroup discussed and refined the document, which was then given to the Shipyard Workgroup for review and comment. Some of the recommendations the Shipyard Workgroup provided were considered and incorporated into the document, which Mr. MacDonald described. The Committee approved the guidance document for the intermodal container repair safety and recommended that OSHA publish it as a guidance document. The document entitled "Guidance Document for the Safety of Workers Involved in Intermodal Container Repair" was entered into the record at Docket OSHA-2010-0001 as Exhibit 10.
Traffic Lane and Personal Safety Zone Guidance Document – In the absence of any OSHA regulations on traffic lanes and safety zones in marine terminals, the workgroup collected measurements of terminal safety zones throughout the country and found huge variations between the safety lanes and safety zones in the terminals. Most of the lanes measured 8 feet and there was enough space for a truck and chassis to pass through the lanes, but not enough space for a bomb cart or basket chassis with flanges extending from either side. The workgroup developed performance-based language for safety zones to protect people working on the highline or the apron under the crane. The shipyard workgroup has reviewed the document and has not recommended changes. The Committee voted in favor of accepting the document and recommending that OSHA publish the document as a guidance document. The document entitled "Guidance Document for Traffic Lane and Personnel Safety Zones" was entered into the record under Docket OSHA-2010-0001 as Exhibit 11.
Working on the Apron or Highline Quick Card – The document is complete, but the Shipyard workgroup has not reviewed it, so it cannot be put before the Committee for a vote. The quick card could be used during gangway safety meetings. The Committee will have the document ready for a vote at the next MACOSH meeting. The document entitled, "Working on the Apron or Highline in Marine Terminals" was entered into the record at Docket OSHA-2010-0001 as Exhibit 12.
Break Bulk Guidance Document – The break bulk cargo-handling safety document was turned over to OSHA at the previous MACOSH meeting. OSHA asked the workgroup to review some photos to go into the document. The Committee picked the best available photos on the condition that OSHA crop the pictures that showed possible violations. OSHA has requested additional pictures, and the workgroup has agreed provide them.
Container Rail Safety Guidance – The workgroup is working on a complex container rail safety guidance document. Much work needs to be done to the document, and the workgroup is hoping to have it before the full Committee by the next MACOSH meeting.
Speed in Terminals – The workgroup discussed a white paper that was submitted to the workgroup and made some observations on corrections. The scope and the intent were discussed, and there were different opinions on how to proceed with the paper, which Mr. Favarza of the ILWU read into the record. There was a lengthy discussion on this issue and the Committee recommended the workgroup revisit the topic once again. The workgroup agreed and decided to go back to the table with the issue. The workgroup noted that some language could be incorporated into the existing Traffic Safety in Marine Terminals document. The white paper entitled "Speedometers in Haulage Equipment on Marine Terminals" was entered into Docket OSHA-2010-0001 as Exhibit 14.
Stuck Cones – Semi automatic twist locks (also known as "cones") are used to secure stacked intermodal containers to each other aboard ship; they have some moving parts that can become stuck. The issue is how to get someone on top of a container safely to access the stuck cone, and then how to make sure that that person is not in the bight when the container is released. The workgroup is going to continue their work on this document.
The Committee voted in favor of accepting the workgroup report. The PowerPoint presentation entitled "Longshore Workgroup Report, 1-20-2010" was entered into Docket OSHA-2010-0001 as Exhibit 13.
Directorate, Science Technology and Emergency Management
OSHA has updated five new longshoring and marine terminal abatement summaries. OSHA changed the title to Longshoring and Marine Terminal Fatal Facts. The information comes from OSHA case files. It talks about the incident, references OSHA standards, and provides control measures that will help alleviate accidents. Once the document has been cleared by the Assistant Secretary, it will be put up on OSHA’s web site.
Chairman Thornton announced that Pat Strickland is retiring, and he introduced the Committee’s new travel coordinator, Christie Garner. He also informed the Committee of his plans to write OSHA’s Assistant Secretary about rechartering the Committee.
At 3:23 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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