Friday, March 2, 2012

OSHA Restructures Whistleblower Program

OSHA has restructured its Office of the Whistleblower Protection Program, which now reports directly to the Office of the Assistant Secretary. The program previously reported to its Directorate of Enforcement Programs. The agency reports the move is in response to its continued effort to strengthen employees' voices in the workplace and that it illustrates an "elevated priority status" for whistleblower enforcement.

"The ability of workers to speak out and exercise their rights without fear of retaliation provides the backbone for some of American workers' most essential legal protections," says OSHA Administrator David Michaels. "OSHA's internal improvement initiatives, including this realignment, demonstrate the agency's steadfast commitment to strengthening a program that is critically important to the protection of worker rights."


Thursday, March 1, 2012

MSHA Results of January Impact Inspections

MSHA today announced that federal inspectors issued 253 citations, orders and safeguards during special impact inspections conducted at 12 coal mines and four metal/nonmetal mines last month. These inspections began in April 2010 following the explosion at the Upper Big Branch Mine, and involve mines that demand increased agency attention and enforcement due to poor compliance history or other compliance concerns. This includes high numbers of violations, frequent hazard complaints, plan compliance issues, injuries, fatalities and adverse conditions such as increased methane liberation, faulty roof conditions and inadequate ventilation. In one January inspection, violations exposed miners to the risk of silicosis, black lung and a potential explosion. The mine operator also failed to control draw rock which exposed miners to the risk of being struck by pieces of falling roof. According to Joseph A. Main, assistant secretary of labor for mine safety and health, while the program has resulted in improved compliance, the seriousness of the violations found in January demonstrate why targeted enforcement is still necessary. For more information, view the spreadsheet containing the results of impact inspections in January 2012.

ASSE Calls for Lower Noise Exposure Levels

In a letter to OSHA Administrator David Michaels, ASSE suggests that the agency reduce its permissible exposure limit (PEL) for noise from 90 dBA to 85 dBA. “We urge OSHA to focus its efforts on achieving a more effective measure to protect workers from hearing loss that, if taken, would make it much more important that OSHA carefully consider any future effort to pursue the proposed change in its economic feasibility interpretation,” ASSE President Terrie S. Norris, CSP, ARM, CSPI, wrote. “Our members believe to help reduce noise exposures to employees it would be best to lower OSHA’s PEL from 90 dBA with a 5 dBA exchange rate to 85 dBA with a 3 dBA exchange rate for all workers for an 8-hour day. This is a widely accepted practice among our members.” These comments build on ASSE's earlier comments opposing OSHA’s Interpretation of Provisions for Feasible Administrative or Engineering Controls of Occupational Noise.

According to Norris, in the relatively small number of workplaces where economic feasibility is a pressing issue, engineering controls become exponentially more expensive and difficult to achieve for some employers. In such situations, employers pressed to invest in engineering controls on old equipment would find it more difficult to keep a workplace in business. At the lower PEL, engineering controls can become more expensive and difficult to achieve, adding to the reasons OSHA should not pursue a new economic feasibility interpretation, Norris explained. ASSE also urged OSHA to communicate more widely its stated practice of working cooperatively with employers to achieve incremental improvement in noise levels over reasonable periods of time. “Instead of trying to make more difficult an already tough decision for some employers, ASSE urges OSHA to focus on the overall gains that can be made in a lower PEL for noise,” Norris said.

Find more information on this issue here. Read ASSE's complete letter here.

Public Hearings Scheduled for Distracted Driving Guidelines

National Highway Traffic Safety Administration (NHTSA) has scheduled three public hearings on its proposed voluntary guidelines to "discourage the introduction of excessive distracting devices in vehicles." Such devices are not essential to the operation of a vehicle and may involve communications, entertainment or navigation devices.

The meetings will take place from 9 a.m. to 12 p.m. on March 12, 2012, in Washington, DC; March 15, 2012, in Chicago, IL; and March 16, 2012 in Los Angeles, CA. Written comments must be received by April 24, 2012, and those interested in giving an oral testimony at one of the hearings must submit a request at least 10 days prior to the hearing to Kristin J. Kinglsey at (202) 366-5729.

FAA Proposes to Raise Airline Pilot Qualification Standards


Federal Aviation Administration (FAA) has proposed a substantial increase in the qualification requirements for first officers who fly for U.S. passenger and cargo airlines. The proposed rule would require first officers, also known as copilots, to hold an Airline Transport Pilot (ATP) certificate, requiring 1,500 hours of pilot flight time. Currently, first officers are required to have only a commercial pilot certificate, which requires 250 hours of flight time. The proposal also would require first officers to have an aircraft type rating, which involves additional training and testing specific to the airplanes they fly.

Other highlights of the proposed rule include:
  • requirement for pilots to have at least 1,000 flight hours as a pilot in air carrier operations that require an ATP prior to serving as a captain for a U.S. airline.
  • enhanced training requirements for an ATP certificate, including 50 hours of multi-engine flight experience and completion of a new FAA-approved training program.
  • allowance for pilots with fewer than 1,500 hours of flight time, but who have an aviation degree or military pilot experience, to obtain a restricted-privileges ATP certificate. These pilots could serve only as a first officer, not as a captain. Former military pilots with 750 hours of flight time would be able to apply for an ATP certificate with restricted privileges. Graduates of a 4-year baccalaureate aviation degree program would be able to obtain an ATP with 1,000 hours of flight time, only if they also obtained a commercial pilot certificate and instrument rating from a pilot school affiliated with the university or college.
The proposal addresses recommendations from an Aviation Rulemaking Committee, National Transportation Safety Board, and FAA’s Call to Action to improve airline safety.