|<< Back to
MACOSH - Meeting Minutes
Wednesday, June 30, 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. Hudock, National Institute for Occupational Safety and
Health (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 extended a vote of thanks to everyone and
a special thanks to the committee for their work at the full MACOSH meetings
and the workgroup meetings held between full meetings.
Next, Chairman Thornton informed the full committee that some members had
discussed requesting re-chartering. Chairman Thornton also informed the
group that he requested Sue Sherman to look into any governing rules
regarding re-chartering. Chairman Thornton asked Ms. Sherman if she was able
to make any determination regarding re-chartering early. Ms. Sherman
responded by stating that she checked with two sources within the
Department, and apparently there is not an impediment to re-chartering
early. Also, the Department has checked with the General Services
Administration (GSA), the agency responsible for establishing charters.
While there is no legal impediment to chartering early, the decision as to
whether or not to re-charter early would rest with OSHA and the Department
of Labor. However, the committee may make their wishes known at this time,
or any other time. Chairman Thornton posed a motion to the committee to
pursue an early application for continuance. The committee members voted
unanimously in favor of pursuing an early re-charter. Chairman Thornton
asked for volunteers from the committee to draft a letter to officially
asking for the re-charter of MACOSH.
Next, Chairman Thornton called for approval of the minutes from the MACOSH
meeting on March 3-4, 2004. There were a few amendments to the minutes:
There is only one d in Mr. Hudock's name, and the opening sentence for each
of the workgroups was the same for each work group. Both errors were
corrected. The committee voted unanimously in favor of accepting the minutes
of the meeting.
Report on Standards and Guidance by - Jim Maddux
Subpart P - Fire Protection
Vertical Tandem Lifts
- OSHA issued a proposal and about three dozen comments, and we've been
working towards the final rule. The rule has gone through the OSHA and
Departmental clearance process, and it's currently being reviewed by OMB.
- Chairman Thornton asked Jim Maddux when the rule would likely be
implemented. Mr. Maddux responded that, if OMB takes their entire 90-day
review time, which is likely considering the other work that OSHA is giving
to them, it may be approved by OMB in September, and then possibly published
General Working Conditions
- OSHA has published a proposed rule.
- There were two requests for a hearing, so we re-published in the Federal
Register a notice of a hearing, asking people to let us know if they wanted
- There were about a dozen individuals and groups that will be testifying at
a hearing in late July.
- Several committee members inquired about the date, time, and location of
the hearings for VTL's. Mr. Maddux informed the committee that the hearings
would be June 29 - 30, 2004 and they will be held here in Washington, DC at
the Department of Labor auditorium.
- Chairman Thornton asked Mr. Maddux how long after the hearing process
would the rule be published. Mr. Maddux responded by stating that it really
depended on the information placed in the docket. OSHA has at least one new
issue that came up during the comment period about what types of cranes
would be allowed to be used for vertical tandem lifts, and there may be
other bits of new information that come up at the time of the hearing that
we haven't seen before. So a lot depends on the volume of information OSHA
receives and whether or not new data, analysis, new views, or new
information comes forward. If not, then maybe a year or so.
MARITIME GUIDANCE PRODUCTS
- Staff is still working with our Solicitor's Office to get together final
preamble language, and there are still a handful of issues that are
outstanding that we have not come to agreement on. The regulatory agenda has
an estimated publication date of December.
- Chairman Thornton asked Mr. Maddux if it would be fair to say that that
there's a real emphasis from the current administration to adhere to those
kind of deadlines. Mr. Maddux responds by stating that, it's very fair to
say. The agency is making a serious big effort to try and hit the marks that
we publish in the regulatory agenda.
Hanging Scaffolding or Marine Hanging Staging
- Has been sent to other Directorates for clearance and maritime staff is in
the process of incorporating the feedback received from various areas.
Hoping to move that into OSHA's clearance process probably within about a
month, and would like have it out a couple of months after that, after it
goes through OSHA and DOL.
Fall Protection on Ship Pedestals
- We've gotten in a first draft of the document from the contractors, and we
have gone through that and made revisions.
- Hopefully, in between this meeting and the next, OSHA will be able to
release the draft to the Health Workgroup and get some feedback at the next
full committee meeting.
- The emphasis is on substitute materials for silica and assessing the
hazards caused by the various replacements.
- The agency has received a first draft from the contractor. The agency has
gone through the document and performed some revisions. OSHA hopes to be
able to release the document to the Container Safety Workgroup in between
this meeting and the next MACOSH and receive some feedback.
- The primary recommendation is to try to encourage longshore firms and
ships' owners to assure that guardrails are in place. If that is not
possible, then, as required by the OSHA standards, fall protection needs to
Information will be presented this afternoon this afternoon by Mike
Longshoring Maintenance and Repair Training
Traffic Safety in Marine Terminals
- The agency is just starting to work on this product. There was a little
bit of discussion yesterday in the workgroups with the contractor who will
be writing the first draft.
GENERAL INDUSTRY RULEMAKING
- OSHA contractors are working on a first draft.
- Chairman Thornton pointed out that there may be application here not just
with the marine industry, but this work may be valuable in general industry
or other industries.
- Mr. Thompson asked Mr. Maddux when the contractors will have the guidance
document done. Mr. Maddux responded that probably later this week. Mr.
Thompson also asked if the document would be a rough draft the first time
around. Mr. Maddux responded that it would be a rough draft and as soon as
he receives a draft that that's in suitable condition to be released, it
will be e-mailed to the workgroup.
- Captain Preston suggested if there are alliances, they set up an editorial
kind of situation through their alliance and make that one of their alliance
- The committee made two recommendations at the last meeting regarding hexavalent chromium. The first was that the Health Workgroup would collect
additional data from maritime interests and provide it to the Agency.
- OSHA received a very usable database that was placed under the agency's
- OSHA received about 300 measurements, mostly 8-hour personal samples,
along with a few area samples, and some surface contamination data. The
sampling focused on welding, especially on stainless steel. There were a few
samples for abrasive blasting.
- Mild steel there's still some question marks around it. The main
question is there any risk involved with welding of mild steel-
- Stainless steel information has been incorporated into the baseline
exposure profile. OSHA also used the information for the baseline problems
and controls. OSHA had some control information, what kind of controls were
in place, so the agency also used it there.
- Chairman Thornton asked Mr. Maddux if the Agency would be open to some
follow-on analysis about that data and what it means, and in particular for
this industry segment. Mr. Maddux responded that the proposal is in the
clearance process so it's probably not a good time to provide additional
input. The best time to provide additional input is during the comment
- Chairman Thornton commented that the committee voted to recommend to the
Agency a separate standard for the maritime industry and that some of the
data may plug into the rationalization of creating a separate standard for
maritime. Mr. Maddux responded that the views of this committee were given
very serious consideration in the policy and decision making process. The
agency will be issuing a proposed rule and asking the public to comment.
- OSHA would encourage anybody, even now, to be thinking about what is
really the sensible approach for this industry that provides the same
protection for workers that are doing stainless steel welding, and provide
their views during the comment period.
Subpart S - Electrical
- Bill Perry gave us an update at our last meeting. There are no new
developments since that time. OSHA is trying to use the information from the
SBREFA process to draft a proposal and is peer reviewing the risk
- Hopefully by the next MACOSH meeting, the peer review will be completed
and the Agency will be deciding how to move forward based on the data
- The comment period on that rulemaking has closed.
- The agency is in the process of trying to decide whether or not to have a
Assigned Protection Factors for Respirators
- There is no new information on this rulemaking. Some work being done, but
it's not taking as much of a priority as chromium VI.
Subpart D - Walking and Working Surfaces
- A hearing was held on assigned protection factors for respirators. The
agency is now receiving post-hearing briefs and post-hearing comments. The
post-hearing comment period has been extended for another 30 days.
- Chairman Thornton asked Mr. Maddux to elaborate more on the issue. Mr.
Maddux responded that it's a controlled negative pressure fit testing
protocol. It provides an alternative methodology for fitting respirators to
get a proper seal on the face.
Standards Improvement Project
- The record was re-opened and the agency received comments on specific
issues. The Agency is working toward a final rule.
- OSHA proposed this rule a year ago, followed by a comment period and a
public hearing. It's a rulemaking that revises a number of standards and
makes them more consistent.
GENERAL INDUSTRY GUIDANCE PRODUCTS
- A proposal came out in 1998. The agency received comment and had a
hearing, and is figuring out a sensible rule for PPE payment.
- It is expected that OSHA will reopen the record to receive comments on the
tools of the trade issue. Some comments talked about people, particularly in
kind of specialty trades, where PPE may be considered a "tool of the trade".
- Captain Preston mentioned to Mr. Maddux that he had overlooked the Cranes
in construction standard and how they would affect the maritime industry.
Mr. Maddux responded that he would need to talk to the OSHA staff working on
Cranes to see what affect if any that particular rulemaking would have on
the maritime industry.
- OSHA has a concern with beryllium because it is becoming more common in
general consumer products. Then as those products get recycled, the amount
of beryllium in recycled steel is creeping up and it could be in many more
- There is a concern with the accuracy of material safety data sheets (MSDSs)
for chemicals used in the workplace.
- OSHA posted several hazard communication guidance products on the Internet
website, and the agency has been accepting comment on the usefulness of
those guidance products.
- There has been one congressional hearing on this issue, and OSHA is
pursuing various alternatives to improve the accuracy of the MSDSs.
Motor Vehicle Safety
- OSHA would like to make sure that people who are doing a lot of dry sand
blasting are aware various alternatives to silica blasting, including wet
PPE for Disaster Situations
- The National Highway Transportation and Safety Administration (NHTSA)
already have a guideline for employers.
- OSHA is working with NHTSA to co-produce an update of this guidance
- OSHA is trying to add more emphasis to work-related motor vehicle safety
and the measures employers can take to reduce on-the-job crashes.
- This product is part of our homeland security efforts that you'll be
hearing about tomorrow, and it's really trying to make sure that people know
what kind of PPE to get in different situations and how to get it.
- Mr. Thompson asked Mr. Maddux if the guidance document is going to go with
the department of transportation or will it stand alone. Mr. Maddux
responded that it's certainly going to be compatible, but it's really a
guidance effort and not a standard.
Indoor Air Quality
- OSHA is trying to raise the awareness on the part of the public about
explosive dust and the various types of things that it can result in,
because there's not enough knowledge out there on the issue yet.
- This guidance product will focus on mold issues. Captain Preston asked Mr. Maddux if he knew when the guidance document will be available, because it's
an issue for some of her workers. Mr. Maddux responded that he didn't have a
timetable for that particular document, but he'll see if I can find out the
STATUS OF PRIOR RECOMMENDATIONS
- Captain McNeill wanted to know why the MACOSH recommendation to develop a
longshore standard that would require fall protection when employees are
inside a cage being lifted by a crane doesn't show up on the regulatory
agenda. Mr. Maddux responded that the agency's feeling at this time is that
OSHA's regulatory agenda is pretty full and they don't have staff and
resources to start this rulemaking at this time. Captain McNeill then asked
if there will be a guidance document for fall protection when employees are
inside a cage being lifted by a crane. Mr. Maddux responded that maybe OSHA
could try to tie that in with the pedestal lashing guideline. It's not a big
enough issue to make a guideline by itself, but maybe it could be a
technical information bulletin.
- Mr. Flynn asked what the legal requirements are for OSHA when they're
putting together a guidance document versus a rulemaking. Mr. Maddux
answered that a guidance product does not to meet a number of legal
requirements imposed on a standard. Mr. Flynn stated that he just wanted to
get the point on the record that he is concerned that the agency will only
develop guidance documents. Captain McNeill asked if it were to become a
guideline, would that preclude it from becoming a rule at a later date. Mr.
Maddux responded that it could still become a standard at a later time.
REPORT OF HEALTH WORKGROUP
- Health Workgroup to collect additional information data on Hexavalent
- OSHA proposed a separate hexavalent chromium rule for maritime (under
- OSHA to produce a traffic safety guidance product (in progress)
- Safety culture workgroup to conduct a pilot project with maritime
interests to determine the most common root causes of maritime accidents (in
- OSHA to develop a standard to require vessels to provide guardrails on
platforms for longshore workers when lashing and unlashing containers and
performing other work in order to reduce fall injuries (in progress)
- OSHA to develop a longshore standard requiring fall protection when
employees are inside a cage being lifted by a crane (under consideration)
- OSHA to produce a guidance product for the longshore industry outlining
safety and health training issues for maintenance and repair staff (in
- OSHA continue to develop alliances in the maritime industry with
appropriate union involvement, and MACOSH recommends that OSHA support
regional alliance meetings with maritime and other interests to kind of let
the different alliances network between each other and share information and
ideas (in progress)
- OSHA to complete the six Safety and Health Injury Prevention Sheets
currently in development, and fund additional SHIPS for the longshore
industry (in progress)
- OSHA produce safety and health e-tools for the longshore industry and set
aside funding to update and maintain the shipyard e-tools (in progress)
By Dan Nadeau
HEXAVALENT CHROMIUM -- recommendations from the committee to strongly
consider the vertical standard when you develop your standard for just the
maritime industry. In addition, if there is any additional data wanted from
industry on sampling of surface contaminants, please ask and we'll put
together a plan while you're doing this thing.
ERGONOMICS -- OSHA is currently writing the guidelines for ergonomics. OSHA
received the best practices in the industry relating to ergonomics last
Friday. This information is currently under review. "Shipyard Evaluation for
Ergonomic Practices and Application" was submitted into the record and
marked as Exhibit 1. Mr. Maddux asked Mr. Nadeau if he knew when the
document would be posted on the internet. Mr. Nadeau responded that he
wasn't sure, but NSRP is going to be very expedient to put that on their
SILICA -- The work group does not have any updates on this topic.
DIESEL EXHAUST AND FUMES -- Dr. Mark Methner conducted a diesel exhaust
study of a number of operators. They had personal breathing zone sampling as
well as some area sampling. There are plans to conduct a second study in the
Oakland area. The workgroup is still waiting for the remaining three
findings. When the workgroup has the studies, they will reconvene and have
discussion on that, and make a recommendation from that point. There's a
possibility, next meeting, the work group could come out with those results
depending on whether the industry can provide those two last studies between
now and then. Mr. Flynn asked the studies become part of the record. "NIOSH
Health Hazard Evaluation: Diesel Exhaust Exposure Among Longshoremen Workers
at USCIN Terminals Facility," was marked and entered into the record as
BERYLLIUM -- Still caught up in review stages, so the workgroup didn't do
anything more with that particular topic. Chairman Thornton asked why the
committee collectively identified beryllium as a standard to pursue. Mr.
Nadeau responded that the reason is because there was a standard being
looked at to be written on beryllium and the committee wanted to have some
say or some discussion when reviewing that and make recommendations.
HEARING LOSS -- Researchers at NIOSH are proposing to conduct a research
study. This particular document focuses on a study performed on shipbuilding
and maritime and the workgroup had a lot of discussion about extending that
to include longshoremen as well. A one-page flyer they put together
entitled, "Occupational Hearing Loss Among Maritime Workers" was marked and
entered into the record as Exhibit 3.
Next, Chairman Thornton inquired about the reason, again, the committee had
this particular subject on the radar screen. Mr. Freese explained that with
the influx of more and bigger machinery, that it's time that they take the
health hazard evaluation to see what kind of noises that workers on the
waterfront were being subjected to. So, that was one of the reasons.
Chairman Thornton asked the group what the next course of action for the
workgroup. Mr. Nadeau responded that once the studies are complete the work
group will review that data and make a recommendation to either discontinue
the discussion on that topic or make a recommendation to OSHA.
RADIATION -- Vehicle and Cargo Inspection System (VACIS). There's a study
going on with NIOSH, and also the ANSI committee is trying to look at what
kind of exposure the people who are working around the VACIS areas are being
exposed to. The workgroup wants to do, is continue looking at the study and
then come back for further discussion.
AUTOMATIC EXTERNAL DEFIBRILLATORS -- The work group decided to have an open
discussion that included the public on this particular matter. Mr. Nadeau
suggested the document entitled Placement of Automatic External
Defibrillators within Shipyards' be placed into the docket. The document was
marked for identification as Exhibit 4 and received into the record. OSHA
has a technical information bulletin and a safety and health topic page on
the Internet on AEDs. There are legal arguments about having these on-site,
and the liability. Captain McNeill asked Susan Sherman whether or not this
body (MACOSH) can hear something that is, and has been, a part of collective
bargaining. Ms. Sherman responded that there is nothing in the MACOSH
charter that exempts matters that have been the subject of collective
At a later point in the meeting, Chairman Thornton called for a discussion
regarding practices or uses of AEDs. Mr. Freese remarked that AEDs would be
useful on the docks because they are often difficult for emergency
responders to reach. Mr. Schmidt commented that the group should support all
ways possible to protect the lives of the worker in the maritime situation.
In addition, the committee needed to provide OSHA with the necessary
documentation and make sure that we are taking the right approach, and
there's a reality check here. But if there's something that can be used, the
committee should look at it and be supportive, if at all possible, as a
committee. Mr. Burgin agreed, however he was concerned about the fairness of
something that was brought up in collective bargaining and something that
was addressed at that point to be brought up before MACOSH. Captain Preston
commented that AEDs are wonderful products, but she does believe that you
have to be really careful when you start talking about regulating them,
which might be why OSHA went the route of endorsing them, but not regulating
them. Captain McNeill commented that AEDs are a great idea. However,
contrary to the much popular belief; they do not cure all forms of cardiac
arrest. They only work when fibrillation is actually taking place. They do
not restart the heart when it has stopped, and they do not work in the case
of stroke. So, their application, currently, is limited to only
SHIPYARD ERGONOMIC GUIDELINES
By Mike Seymour, Director, Office of Physical Hazards
Directorate of Standards and Guidance
SUBPART S - ELECTRICAL STANDARD
- A draft of the guidance document is in review at OSHA's management. The
document resembles the nursing home and grocery documents that were
finalized, and the poultry document, which is also out in draft form. The
document has essentially two sections.
- The first section describes a process for protecting workers from
ergonomics-related injuries and risk factors, including discussion of
management support and methods for engaging employees in the process. It
provides guidance for training of workers, supervisors, engineers, and
managers in shipyards. It talks about identifying problems and suggests
methods for identifying ergonomics-related problems and associated risk
factors. It talks about addressing reports of injuries and the importance of
early reporting of ergonomics injuries. It talks about evaluating progress
and it proposes procedures and mechanisms for gauging the effectiveness of
the ergonomics process.
- The second section addresses solutions to the unique problems in the
shipyard industry. OSHA addressed 42 specific activities that occur in
shops, in the yard, and on board ships. The agency has something between 80
and 100 photographs that show conditions before an ergonomics solution has
been implemented, and afterwards. When the review process is completed, the
agency will be looking forward to getting it out for comment. Chairman
Thornton asked Mr. Seymour if the guidance document was enforceable. Mr.
Seymour explained that there is a disclaimer in the document that reiterates
the document is not enforceable. The document is for informational purposes
By David Wallis, Director Office of Engineering Safety
Directorate of Standards and Guidance
REPORT OF CONTAINER SAFETY WORKGROUP
- OSHA published a proposal to update OSHA's electrical installation
standards for general industry on April 5. Although it is a general industry
standard, it does have some application to marine terminals and shipyards.
The comment period on that proposal closed on June 4. OSHA received 11
written comments, 25 electronic comments, and 2 late comments. The agency
received only one request for a hearing. The agency is currently discussing
with that party whether or not they want to withdraw their hearing request
and alternative means of providing OSHA with additional information.
- Chairman Thornton asked Mr. Wallis what happens next in the standard
setting process. Mr. Wallis explained that the agency has to resolve whether
or not to have a hearing or extend the comment period. If there's a hearing,
it will probably be held in October, therefore there will be no need to
reopen the record because there will be a post hearing comment period and
interested parties will come and testify and provide us with evidence. At
the time that the administrative law judge set for the record to close, the
Agency would do an analysis of all the comments and evidence.
By Captain John McNeill
TRAINING SECTION - OSHA REGULATIONS
- At the last meeting, the workgroup discussed the problems of pedestal
lashings and identified some of the solutions. Now the workgroup addressed
three other problem areas concerning lashings on container ships, which is
still a major source of injury to our workers. The three areas that were
- (1) Problems related to the increasing height of deck loads of containers
- (2) Problems related to areas that, by their nature, are awkward to work
in, upon, or around
- (3) Night work
- The containers are stacked seven, and eight high and are becoming more and
more common on the waterfront. The old method of using a long pole from the
deck to unlock the cones prior to discharge becomes unworkable at these
heights. So what we propose to do, as far as this subject is concerned with
our workgroup, is to continue to look at the problems, to continue to look
at the devices which become available. Another one just became available
last week. The slide show presentation on pedestal lashing presented by Mr.
McNeil was marked for identification as Exhibit 5 and was received in the
By Mr. Charles Thompson
REPORT OF SAFETY CULTURE WORKGROUP
- There are four topics that are required under Part 1917 and two under Part
1918 that were not listed under the OSHA Publication 2254 Training
Requirements in OSHA Standards and Training Guidelines.
- Following a short discussion, MACOSH voted to recommend that OSHA update
and republish Publication 2254 Training Requirements in OSHA Standards and
Training Guidelines to correct errors in the references to 29 CFR Parts 1917
and 1918 section. The document presented by Mr. Thompson was marked for
identification as Exhibit 6 and was received in the record.
- The container Safety group also addressed the lack of formal safety
training for mechanics on the waterfront, and provided the list to OSHA. The
list are as follows: (1) Tie-off points for cranes for when mechanics are
working aloft; (2) Discussion of how's, whys, what to do, and what not to do
when recovering a worker who has fallen while in a harness (3) Where and
when it is safe to weld.
- The committee voted to approve a recommendation that MACOSH, while
recognizing the advantage of having automatic external defibrillation
devices (AED's) available where medical help is not available within 3-5
minutes, also recognizes the potential liability issues which may arise in
certain states if an employer were to provide such devices. MACOSH
recommended that OSHA research the problem and enlist the help of the
Solicitor's Office or other appropriate office within the Department of
Labor to draft appropriate legislation in the form of a national "good
Samaritan" statute to protect employers, employees or their agents from
liability when using an AED in good faith to attempt to save the life of a
By Captain Keith Cameron
REPORT OF TRAFFIC SAFETY WORKGROUP
- Industry must focus on the cause of an accident, not the result. The
concept of this workgroup is to develop a simple system that can be used to
identify safety problems and to direct the user towards the available
solutions that can be implemented to correct those problems. A successful
accident prevention program needs to identify the root cause or causes of
the accident. It must have the means of implementing these solutions in a
timely manner. It also needs to have the commitment from all levels of
management, from the union leadership, and from labor in general if it is to
be successful. The work group came up with a list of 10 root
causes/failures. They are as follows:
- Failure to provide adequate training
- Failure to follow the training given
- Failure of equipment
- Failure to provide safe access to the work area
- Failure to use safe access to the work area
- Failure to provide adequate warnings of hazards to employees
- Failure to comply with hazard warnings
- Failure to comply with safety rules or regulations by the employer
- Failure to comply with safety rules or regulations by the employee; and
- Failure of the rules or regulations to cover the circumstances, and
- Failure to act in a safe manner.
- The shipyard people were also working on this project and they came up
with their own list. Transfer it into the failure-type mode, it would read
- Failure to use tools properly
- Failure of tools and/or of equipment to do the job
- Failure to provide proper maintenance and preventive maintenance;
- Failure to use proper PPE;
- Failure of the worker to recognize over-exertion or ergonomics stressors
- Failure of the worker to recognize an exposure to a hazardous substance
- Failure of engineering controls;
- Active guard situation out of employees' control
- Failure to follow good housekeeping rules; and
- Undetermined root causes.
- The solutions as far as the longshore industry are concerned on the west
coast. The available solutions are:
- Training. You must have a training program so that labor and management
know what is expected of them in the day-to-day prevention of accidents.
- Maintenance and Repair. You must have maintenance and repair system in
place so that all of the equipment and gear used in your operation is free
from defect and operates according to the manufacturer's specifications.
- Safety Inspections and Warnings. You need an inspection system so that the
work site is examined prior to, and at intervals during, the operation to
identify potential hazards, and, where possible, eliminate them at that
time. Having found hazards that cannot be eliminated, you must also have a
system to be able to communicate warnings of these hazards to other
management people and, more importantly, to the workforce.
- Safety Code. You need a basic safety code that applies to your operation
in general, and to specific hazards that occur in your workplace. It needs
to set out the specifics of accident prevention and all those that are in
the workforce need to follow it. It needs to identify who does what and when
they do it.
- Rulemaking Program. You must have a program that addresses new problems
and hazards so that they can be evaluated and they issue and can then be
included in your safety code.
- Disciplinary Program. Last, but not least, you need a disciplinary program
to ensure that people are properly trained, that they follow their training,
that maintenance is properly carried out, that inspections are carried out,
that warnings are given and followed, that operations are carried out as per
the requirements of the safety code, and that all new hazards are addressed
and included in the code.
- Mr. Flynn commented that when you get down to the bottom where it says
"discipline," I have a big problem with that. It can be taken so many
different ways and interpreted so many different ways, that I believe it
could sabotage this product for our members. I don't want to see a good
piece of work just get laid aside because it has it in there, and there are
supervisors that would take advantage of it and move it to other places
within that body. The workgroup has not brought a product for the entire
committee to consider and take action on at this time. Captain McNeill's
power point presentation of the root cause presentation was marked for
identification as Exhibit 7 and was received in the record.
- Next, Captain McNeill showed a DVD on a lashing device. The idea is so you
don't have to send workers up on top of containers to lean over and use
poles to unlock twist-locks. What happens is, one lasher goes into each end
of the armored door, closes the door. This works for 20-, 40-, 48-, and
44-foot containers, and anything in between. The DVD presented by Captain
McNeill was marked for identification as Exhibit 8 and was received in the
By James Burgin
MACOSH EXECUTIVE SUMMARY
- The workgroup identified the scope of vehicular equipment used in
shipyards, marine terminals, and on vessels. We took a look at every type of
equipment that we used, and what are the problem areas with each type of
equipment. We also reviewed accident occurrences for vehicle-related
accidents in shipyards and in marine cargo handling. We took a look at a lot
of accounts of accidents early on to determine where the problems were
occurring. Some of those occurrences include pedestrians. The workgroup
identified root causes yesterday that lead to these accidents and identified
the issues that occur. The issues are:
- The new terminals have a longer distance to travel, which can lead to
- Bigger cargo handling-type equipment
- Smooth surfaces, is what we've focused on a lot, which is great for
efficiency, but it can also lead to other problems as well. The workgroup,
again, would recommend to OSHA that an industry guidance document be
produced to communicate the accident prevention methods discussed by the
workgroup. We also recommend to OSHA that an e-tool program be made to more
effectively illustrate the accident prevention programs and methods.
- The recommendation is that the traffic safety workgroup continue working
toward a guidance document at this stage. Mr. McGill asked Mr. Burgin are
there restrictions, is there anything that foreign outside truckers are
required to do with their vehicles that are the same as the laws we have
here in the United States, or what. Mr. Burgin responded that terminals give
them specific rules when they come in the gate about how to drive on the
terminal. In some cases, it's hard to govern and hard to make the outside
truckers comply. The traffic safety workgroup discussion concluded.
June 30 - July 1, 2004
The Holiday Inn on the Hill
415 New Jersey Avenue, N.W.
Washington, D.C. 20001
Thursday July 1, 2004
By Tom Galassi
- Last year OSHA did over 39,000 inspections, and the agency is on track to
meet that number this year. According to the shipyard and marine cargo
handling data there has been about 400 inspections in those industries every
year. So far OSHA has done 304 this year. At that pace, there will be about
450 inspections, which represents about a little over 1 percent of the
agency's total. During Mr. Galassi's presentation, Ms. Sherman asked Mr.
Galassi to comment on the change between programmed and unprogrammed
inspections. Mr. Galassi explained that OSHA implemented a phone and fax
process, which means OSHA doesn't have to go out on every complaint if it's
of a certain category. Obviously if the complaint warrants OSHA to go out,
they go out. The agency has seen an increase in the number of inspections,
and the increase has been primary in programmed inspections. Next, Ms.
Sherman asked Mr. Galassi to explain what (SSTs) are for the record. Mr.
Galassi responded that it SST stands for the Site Specific Targeting
Program. There are more targeting systems for the maritime industry. The
agency will do approximately 66 maritime SST inspections this year. This is
a listing of the non-construction targeting systems that could impact the
maritime industry. Under the strategic management plan, the agency is
required to review and revise, as appropriate, each of these programs, and
the agency is in the process of doing that.
- Lead - A NEC has been out there since July, which is based upon data on
blood lead and air sampling type data.
- Amputations - launched about two years ago. Going to the SIC code where OSHA is issuing violations under our machine guarding standards, or
alternatively look at the amputation data from BLS.
- Ship breaking - OSHA has a national emphasis program which directs the
field to inspect all navy and MARAD ship breaking sites.
- Silica --A national emphasis program - A revision of the silica special
emphasis program from 1996. It's at the Department for final clearance, and
hopefully it will be out very soon.
- Occupational asthma - The agency is looking for data sources to support
- The site specific targeting program - A general industry and maritime
targeting program which targets roughly 4,000 sites per year.
- Local Emphasis Programs (LEPs) - area office or region has the authority
and the ability to design and implement a local program to address either an
industry, if there is a hazard, or a specific hazard. Currently, there are
about 140 LEPs, and every year they do about 13,000 inspections.
- The Site Specific Targeting Program - launched in 1999, based upon OSHA's
OSHA Data Initiative. OSHA collects information from 80,000 employers in
federal and state plans uses the data primarily for our enforcement program.
OSHA also uses it for other outreach activities, but it is primarily for the
- The agency issued a Federal Register Notice May 6th and comments on the
SST program are due July 6th.
- Everyone on the primary and secondary list, which is roughly 13,000
employers, gets a letter about six weeks before the launch of the SST.
- Captain McNeill asked Mr. Galassi does the agency check and verify and
make note of the fact to see whether or not the employer has an accident
prevention program. Mr. Galassi responded that the agency does not check
that, but OSHA does look at a variety of issues. Number one, the agency is
going to look for compliance with the standards and the regulations, just
looking at violations. In addition, compliance officers will, and should,
look at the overall programs in the workplace.
- Next, Chairman Thornton asked Mr. Galassi if he would consider whether
rates are ascending or descending. Chairman Thornton also commented that he
believes that OSHA would find that the rate of decline of injury in this
industry segment far exceeds in a good way those of other industry segments.
Mr. Galassi responded that the point of the committee was well taken. Next,
Mr. Galassi, said the agency would look into the electronic comment system
so you all can have a little more time to get your comments in, and that he
would inform Jim Maddux of the developments.
- Next, there was a very lengthy discussion on material safety data sheets (MSDSs).
Mr. Galassi asked MACOSH about their views of the MSDSs. In addition, does
the committee see more of these complicated, comprehensive or what. Mr.
Flynn commented that there has been virtually no oversight with MSDSs. Mr.
Flynn also said "the employers, in good faith, provide them as required, but
they're all across the board. I'm glad to see that OSHA finally is looking
into this. And you said there may be some enforcement to it. I guess I'd
point out to the manufacturers to be in compliance." Mr. Galassi responded
that if an area office, through the normal course of an inspection finds a
deficient sheet, but the manufacturer is on the other coast and it's a
federal/state, then we have to figure out a way to get that information to
that local area office and they would take action. Afterward, Mr. Galassi's
presentation was marked for identification as Exhibit 9 and was received in
By Lee Anne Jillings, Director
Office of Outreach Services and Alliances
SCIENCE, TECHNOLOGY AND MEDICINE UPDATE
- At the end of May, OSHA had 197 alliances across the nation, 57 of those
are national, and 140 are regional and area office alliances. In addition,
since the end of June OSHA signed three more national alliances, so the
total at the end of June actually is 60 national alliances, and OSHA will
soon be getting the numbers from the field to add on to what the new
end-of-June total is.
- The most recent alliances the agency signed were the American Pyrotechnic
Association around the retail sales and display of fireworks, OSHA also
signed an alliance with NIOSH as a signatory with the National Wood and
Pallet Container Association, and the most recent one with the National
Federation of Independent Businesses.
- Maritime has a wide array of organizations that are participating with the
national and regional and area offices on alliances.
- The Agency has identified a number of strategic goal target areas. The ASA
and NSRP national alliances are approaching their one-year anniversaries.
The Shipbuilders Council of America is a year and a half old. In process of
developing an alliance with the National Maritime Safety Association. In
March the SCA hosted a safety seminar in Mississippi. Several
representatives from OSHA's regional as well as national offices were there
to provide updates to the safety seminar as to what the alliances are doing
not only nationally, but also at the regional effort. On May 27, just over a
month ago the Mobile area office regional and area office signed alliances
with the Gulf Coast Maritime Safety Association and the Physical Therapy
Association, Alabama Chapter. This alliance focus on maritime and ergonomic
issues. Region 6 Houston North area office is developing an alliance with
the U.S. Coast Guard.
- Completed project associated with the national alliances is the SCA
shipyard ergonomics video, which was a product of their Susan Harwood grant
that the SCA had, has been distributed to OSHA staff and others through the
alliance. Current projects the shipyard employment e-tool right now is in
the clearance process within OSHA. The three modules that are currently in
the final stages are shipbuilding, ship breaking, and barge cleaning.
Chairman Thornton commented that he would like to see the continuation of
the e-tools process.
- Upcoming projects that are coming quickly in the coming months ahead. One
is the National Safety Congress coming up in September in New Orleans. The
maritime alliances, are putting on a workshop session at the National Safety
Congress entitled, "Shipyard Alliance with OSHA," and it will take place
September 13 from 10:00 to 11:30 a.m. Northrop Grumman has agreed to host a
similar sort of VPP seminar at their facility coming up on September 21. The
Maritime Steering Committee is in the process of revising curriculum related
to the maritime industry and they expect to have the OSHA draft revision by
the end of September.
- The Agency has a directive on the alliance program. This is our official
documentation establishing the program, setting out its purpose and
structure, what its goals and objectives are and how it flows through the
Agency and implementation. That has been finalized earlier this month and it
is found on the Agency's website. Through the Alliance Program, the maritime
alliances in particular, OSHA estimates we've reached over 45,000
individuals, whether it was through training, train the trainer sessions,
outreach products, or through articles and publication pieces that have
featured the work and successes of the alliance.
- After Ms. Jillings presentation, Chairman Thornton opened the floor up to
questions from the committee. Captain Preston suggested that it would be
nice if OSHA could assist MACOSH in setting a venue for more discussions
between the area and regional alliances. Possibly VPPA quarterly meeting or
anything that would allow OSHA and industry to come together. Ms. Jillings
responded that she though that was a great comment. Hopefully, maybe through
the VPP seminar, OSHA might be able to use that as an opportunity to try to
invite in some of the other regional and area office alliances, and
certainly the national alliances would be involved in that. Ms. Jillings
presentation was marked for identification as Exhibit 10 and was received in
- In addition MACOSH recommended that, when the 29 CFR Part 1915 Subpart P
fire protection standard is promulgated, OSHA update the shipyard e-tools
using the assistance of the shipyard alliances.
By Cathy Goedert, Deputy Director
Directorate of Science, Technology and Medicine (DSTM)
Homeland Security/Emergency Preparedness update
- OSHA developed one Safety and Health Injury Prevention Sheets (SHIPS) last
year on hot work, and that's on the web now. As a part of working on that,
MACOSH helped OSHA develop a matrix of processes and hazards in those
processes, and OSHA used that to prioritize what should be tackled next.
Based on the matrix the most hazardous process we needed to work on was ship
fitting. The SHIPS in process are on ship fitting, shipboard machining,
surface preparation, rigging, materials handling on-board ship, and
shipboard electrical. The ship fitting SHIPS is being delivered this month,
and will go through an internal review with the OSHA review team. The final
deliverable is expected in August, and then OSHA will do final internal
formal review. OSHA expects to post that on the web in September. The ship
fitting SHIPS will be delivered in final in February. It will go through
OSHA's internal clearance, and it is expected that in the March/April time
frame, they'll all be posted on the web. Other projects OSHA has going on
this year in the maritime industry in DSTM has to do with the animated
safety videos. Volume one includes crane hazards, confined space, fall
hazards, and improper use of equipment. Volume two has more on crane
hazards, drowning, improper lockout/tagout, ventilation, diving hazards, and
- Chairman Thornton opened the floor up for questions from MACOSH and the
public. Captain Preston asked Ms. Goedert if the agency was going to expand
SHIPs. Ms. Jillings responded that OSHA has not received the budget yet, but
it doesn't look good for 2005. OSHA has to weigh all the different competing
requirements that the Directorate has to meet, and the agency will make
those decisions in the next months.
By: John Ferris
OUTREACH WORKGROUP DISCUSSION
- The Maritime Transportation Security Act is in full effect at ports and in
incoming ships, and there's been a series of articles in the news. OSHA is
not getting into the security business, not the intelligence business. In
March, the Department of Homeland Security came out with the National
Incident Management System (NIMS). The Coast Guard had set up a very good
one that folks were following already, as well as this incident command
system; it was becoming universally applied at the state and local level as
well. OSHA has focused on the Department of Homeland Security and other
agencies to see what are the roles and the responsibilities of the safety
officer. OSHA recognizes that the safety officer is looking out for the
safety and health of the responders and that is also OSHA's role. It is
certainly something that OSHA should be taking leadership on, and the
Department of Homeland Security is expecting OSHAs to do that in support of
the overall response mechanisms.
- The Presidential directive said that all state and local governments are
to follow the NIMS if they want federal preparedness grant money. The
Department of Homeland Security has recently stepped up its NIMS National
Integration Center. OSHA is working with the NIMS Integration Center. The
Department is bringing together all the different things that the different
agencies have, and integrate them into a universal system. The integration
center will educate the nation and promote interoperability; training
requirements, national standards, guides, and protocols. OSHA's role is to
protect the responders. OSHA has been championing worker safety during the
development of this National Response Plan to ensure that safety and health
is part of the national response.
- The National Response Plan should be out sometime in July. OSHA is
committed to providing technical assistance as part of this federal response
system. OSHA recognizes that if we are part of that incident command system
and part of the decision making process, we can mitigate the violation
before the violation even occurs. OSHA decided these things were necessary
for the federal and National response plan:
- Hazard identification
- Monitoring PPE
- Distribution of PPE
- Responder exposure sampling
- Risk assessment
- Data sharing
- Looking at site hazards.
- The Disaster Site Worker Training Program - skilled support personnel are
included in the definition of first responders. Firemen don't generally have
cranes, and if they do have them, they generally aren't operating engineers.
They often need those skilled support personnel to do their jobs.
- The agency created a disaster site worker training program that will be
rolled out in the next couple of months. Additional training will be given
to the skilled support personnel throughout the country so that they have
the training necessary to be included as part of the response network.
Coming out of the White House's Homeland Security Council is a chemical
end-to-end study that deals with personal protective equipment and ensuring
that it meets NIOSH requirements and function properly.
- The evacuation e-tool designed to provide assistance for employers on how
to set up an evacuation system. The emergency preparedness website can be
found on OSHA's general website. It's one of the specialty topics that you
can look at.
- Mr. Ferris concluded his presentation and Chairman Thornton opened the
floor for questions. Captain Preston commented to Mr. Ferris that her
facility has four or five plans on the shelf and they're wondering which one
to pull out in case of an emergency. Mr. Ferris's responded "he would I
would certainly say if they wanted a specific format, put it in a specific
format, but also use what you use and use what you've already developed as
part of that." Mr. Flynn asked "One, for these different types of scenarios
that may take place around these types of areas, are specific issues being
looked into" Is the worker training issue being addressed and is the funding
for that being allocated?" The second question was "is OSHA getting some of
those funds to be able to support your initiatives here, which should, I
feel, include worker training?" Mr. Ferris responded a lot of the times the
training is based on what the worker could expect on a day-to-day worksite,
not an emergency response. "If you're looking at a skilled trade, I doubt
they would ever get into level A during emergency response." Those negative
pressure respirators are very important, but it's not generally part of the
training. So that's why we came up with this disaster site worker training to
address specific training needs. We aren't trying to make them experts on
anything. It's strictly an awareness level. "The Office of Domestic
Preparedness is putting out grants to local areas for training, so we're
saying, HAZWOPER, for skilled support should be part of the training
curriculum. We were also working with NIHS and their grant programs and the
grants that they have with the skilled trades."
- A member of the public asked Mr. Ferris "how do we know that we can go
back to work safely" I would just express that your work has to go beyond
the site safety for the response workers. You also have to look at it for
the site safety and the well-being and ease for the workers that have to go
back to work after that event has occurred." Mr. Ferris responded "we're
looking at emergency response or this whole homeland security thing in three
different ways. One is what you were saying, that the workers and what they
need, not only in evacuation, but that whole concept of how clean is clean
afterwards. There are still worker protection standards that must be
applied, even if it's a disaster." The public participant then asked Mr.
Ferris "how do you intend to coordinate with them, like for Region 9 and
Region 10?" Mr. Ferris responded that OSHA has developed a national incident
management plan. Each region is creating a regional emergency management
plan, and in that regional emergency management plan is where that
discussion takes place. If the governor declares an emergency and requests
federal assistance, it's not as though the state plan state doesn't exist
anymore. We are there to assist the state.
- Chairman Thornton concluded the Q&A session of the presentation, and the
presentations by Cathy Geodert and John Ferris were marked for
identification as Exhibit 11 and Exhibit 12 were received in the record.
- Chairman Thornton called for discussion on a couple of issues. First, the recharter letter had been drafted for the committee's review. The letter
consisted of MACOSH's accomplishments, a few recommendations, and finally,
what's over the next hill.
By: Captain Terry Preston.
- The workgroup continued to support the e-tools projects and provided an
editorial board for the SHIPS project and for the fatality videos. OSHA
representatives came into our meeting and asked for some assistance on how
to better promote some of the partnership programs and alliance programs.
One of the things presented to the workgroup was the Challenge program,
which is a first-step program to introduce the VPP process to industries
that might not be ready for VPP immediately. The workgroup discussed pushing
ahead with alliances, and putting together a VPP introductory session, which
is going to be the 21st of September at Northrop Grumman in Avondale. Both
industry and MACOSH will get the word out and hopefully get large
participation from the maritime sector in the VPP workshop. The workgroup
asked OSHA to specifically target the Challenge program when they put the
agenda together for the VPP workshop, because many smaller employers do not
qualify for VPP based on their injury rates right now.
- Captain Preston inquired if Pat Showalter could provide a brief overview
BY: Patrick Showalter
- On May 26, OSHA launched three new initiatives, the VPP corporate, VPP
Challenge for Construction, and the OSHA Challenge program. OSHA called the
challenge plan a road map to safety and health. The agency has mapped out an
effective tool to monitor an employers' progression through the elements of VPP, hopefully when finished employers' will be able to apply for VPP. The
Challenge program is also an area where OSHA can provide recognition to
sites which have completed these stages. The recognition is given once a
corporation has completed stage one; they receive a letter from an OSHA area
office, stage two, from a regional office, and stage three, from the
national office. An administrator monitors and tracks the progression of the
sites, and supplies that information to OSHA's directorate on a quarterly or
annual basis. There are 10 administrators at this point. Once the pilot
project for the administrator term expires and the agency examines the
results OSHA is going to open it up to other administrators.
- Chairman Thornton asked Mr. Showatler if his presentation could be entered
into the record. Mr. Showatler agreed and documents marked for
identification as Exhibit 13A Occupational Safety and Health Administration
Challenge Pilot, background paper, Exhibit 13B the Challenge Pilot Summary
Status Report, and Exhibit 13C the Challenge Pilot Stage 1 Tracking Form
were received in the record.
- Next, Mr. Flynn asked if an employee representative must sign off on the VPP program. Mr. Showalter response was to become a VPP site; labor must
sign off and support it, however at this time that is not a requirement of
OSHA Challenge. If a site wants to go pursue VPP at the end of stage 3, they
would have to have an employee representative sign off on the program. Mr.
Flynn also asked why OSHA didn't mandate that, as they did with the VPP. At
that time Laura Seeman responded that OSHA does not want to discourage sites
by putting all the VPP requirements right at the beginning of the process,
and that is why OSHA doesn't have a requirement at this time. Again, this is
a pilot that OSHA working on, so it very well may be that at the end of the
pilot period OSHA may decide to incorporate that.
- Captain Preston made a motion that OSHA should find a way, through the
alliances, to incorporate Subpart P into the shipyard e-tool. The motion was
carried without opposition. Captain Preston made a motion to suspend MACOSH
suspends meetings of the outreach workgroup indefinitely. The motion was
accepted by the committee.
Next, Mr. John Henshaw, Assistant Secretary for the Occupational Safety and
Health Administration (OSHA) joined the meeting. Chairman Thornton welcomed
Mr.Henshaw, and invited him to talk to the group. Mr. Henshaw greeted the
committee members and said that he appreciated the opportunity to speak. Mr.
Henshaw went on to notice that MACOSH listed rechartering as an agenda item
open for discussion. Chairman Thornton told Mr. Henshaw that he will be
receiving their request in a letter, but basically MACOSH is requesting to
be rechartered early, so as to get MACOSH aligned with the budgeting
process. Mr. Henshaw responded "I don't want to bias the discussion, but I
am looking forward to your continuing support and advice on these issues.
So, I hope we can find a way of making sure that will happen in the years to
come. So, I look forward to it." Mr. Henshaw asked MACOSH if they had any
other items of interest to discuss. Chairman Thornton said that if OSHA went
and looked at the maritime industry's injury and illness rates and
contrasted that against other industry segments, this industry is doing very
good things. Also, a lot of it stems back from the people in the room, and
certainly at the table, supporting these kinds of efforts. Mr. Henshaw
commented that MACOSH is one of the leading advisory committees that's
providing good work and good advice, and turning things into useful products
that OSHA can turn around and make permanent within the Agency. So, OSHA
really does appreciate the hard work of MACOSH. Mr. Henshaw mentioned the
Hispanic Safety and Health Summit on July 22 of this month. Mr. Henshaw
suggested a smaller group could possibly go listen and then report back to
the committee. Mr. Henshaw stated that he is interested in an analysis of
the best practices shared during this summit, and how OSHA can convert that
into some meaningful action. Chairman Thornton reiterated the committees'
interest in rechartering MACOSH, and Mr. Henshaw told the committee that he
is looking forward to their recommendation as to how we can proceed on the
chartering issue. Next, Chairman Thornton concluded the discussion and
thanked Mr. Henshaw for sharing his time with MACOSH.
Next, Chairman Thornton motioned for discussion and editing of the MACOSH
recharter document. After completion of the document Mr. Nadeau made a
motion to submit the document into the record. Chairman Thornton called for
any other discussion of the document. Mr. McGill commented that all the
MACOSH members contributed to the effort and put in the points they felt
were important to produce the document. Therefore, MACOSH should unanimously
accept the motion. Mr. Flynn commented that MACOSH specifically asked the
rechartering to take place October 1, 2004 so that it would coincide with
the budgeting process and would allow better continuity between the
committee and the Agency.
Chairman Thornton called for a vote on the motion, and MACOSH unanimously
voted to accept the recharter letter to Assistant Secretary John Henshaw,
and also recommended that the Secretary of Labor recharter the advisory
committee on October 1, 2004 to align the committee's charter with the
federal fiscal year. The letter was marked for identification as Exhibit 14
and was received in the record.
Next, the committee discussed administrative issues. Jim Maddux asked the
committee to please get in their expenses submitted in a timely fashion.
Chairman Thornton asked the committee if there was any other business to
discuss. Mr. McGill said that he would like MACOSH to look at putting
something together something for maritime in regards the 10-hour training
course. Captain McNeill suggested that one of the workgroups be assigned the
task to look at the metrics of this business, the metrics of accident
prevention. Mr. Thompson volunteered to take on the task of the metrics of
accident prevention. After that discussion the meeting was adjourned.