Recently OSHA was asked why the definitions for Flammable and Combustible Liquids are different between the Construction and General Industry standards.  Bill Parsons with OSHA took a stab at providing an answer.

Question #1: Why are the definitions for combustible liquids and flammable liquids different under OSHA’s construction and general industry standards?

Answer #1: The terms “combustible liquids” and “flammable liquids” are defined in the construction standard at 29 CFR 1926 and in the general industry standard at 29 CFR 1910 as follows:

	Construction	General Industry
Combustible liquids	§1926.155(c)	§1910.106(a)(18)
	“[A]ny liquid having a flash point at or above 140 °F. (60 °C.) and below 200 °F. (93.4 °C.).”	“[A]ny liquid having a flashpoint at or above 100 °F. (37.8 °C.).”
Flammable liquids	§1926.155(h)	§1910.106(a)(19)
	“[A]ny liquid having a flash point below 140 °F. and having a vapor pressure not exceeding 40 pounds per square inch (absolute) at 100 °F.”	“[A]ny liquid having a flashpoint below 100 °F. (37.8 °C.), except any mixture having components with flashpoints of 100 °F. (37.8 °C.) or higher, the total of which make up 99 percent or more of the total volume of the mixture.”

The definitions in the two standards are different because the definitions were adopted from different sources. The definitions in the general industry standard originated in a national consensus standard, NFPA 30-1969, while the definitions in the construction standard were adopted from established federal standards under the Construction Safety Act. Because the two sources defined the terms differently, the construction standard and the general industry standard are not consistent.

Question #2: Are there any plans to make the definitions consistent?

Answer #2: OSHA is currently addressing these definitions in the Hazard Communication rulemaking. The proposed rule, available at 74 Federal Register 50280 (Sept. 30, 2009), proposes new definitions for combustible and flammable liquids that correspond with the Globally Harmonized System of Classification and Labeling of Chemicals (GHS). The proposed rule is available on the OSHA website at http://osha.gov/FedReg_osha_pdf/FED20090930.pdf.

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A Butler County grand jury has indicted United Oil Recovery Services Inc. and several of its employees on criminal charges in the death of a worker at the company’s Middletown facility.

The indictments — an unusual move that worries some local attorneys — was announced Wednesday in a statement from the Ohio Attorney General Richard Cordray’s office, which is prosecuting the case at the request of the Butler County Prosecutor’s Office.

United Oil and David Weber, the company’s environmental health and safety manager, were charged with one count each of involuntary manslaughter, reckless homicide, violation of wastewater permit, deviation from pre-treatment permit and criminal endangering. Company President David Brown and Plant Manager Jay Black are each charged with one count of criminal endangering.

Bob Dunlevey Jr., senior managing partner with Dayton-based law firm Dunlevey, Mahan & Furry, said the case also could be part of a political statement.

“Our firm emphasizes labor and employment law, and I’ve been doing it for 35 years, and I can’t think of more than a few cases where there has actually been a criminal indictment (similar to this),” Dunlevey said. “Granted, the attorney general has the authority to do this, but I never see the attorney general doing this. This is an eye-opener. Is this the start of a trend of our attorney general? It’s a concern.”

For the rest of the article click here.

NEWS from U.S. Consumer Product Safety Commission Office of Information and Public Affairs Washington, DC 20207

FOR IMMEDIATE RELEASE
May 28, 2010
Release #10-252 

CPSC Recall Hotline: (800) 638-2772
CPSC Media Contact: (301) 504-7908 

CPSC Warns Memorial Day Weekend Among the Deadliest Holidays for ATV Riders

WASHINGTON, D.C. - The Consumer Product Safety Commission (CPSC) is warning All-Terrain Vehicle (ATV) riders to take precautions to stay safe this holiday weekend and riding season. For the 4-day period surrounding the 2009 Memorial Day holiday, CPSC is aware of 27 fatalities, with two under the age of 16, averaging almost seven deaths a day.

As the prime ATV riding season kicks into gear, so does the increase in deaths. Just last month, CPSC staff was aware through media reports of at least 40 fatalities between April 1st and April 30th, including 12 involving children younger than 16 years of age.

CPSC data indicates that ATV-related deaths jump on average 30 percent from March to April for children younger than 16 years of age. Adult deaths increase 88 percent on average for the same timeframe. During 2003-2005, ATV-related deaths rose each month during the spring and into the summer, peaking in July, when 23 children and 76 adults were killed in ATV-related incidents on average.

“If springtime deaths and injuries are an indication of what’s to come, we urge all ATV riders, young and old, to take all necessary safety precautions,” said CPSC Chairman Inez Tenenbaum. “Far too many people are losing their lives and sustaining life-threatening injuries, which in many cases are preventable. CPSC is working diligently to ensure that the ATVs on the market meet mandatory standards and to promote safe riding practices.”

In April 2009, as a part of the requirements for a CPSC approved action plan for ATV manufacturers and distributors, it became mandatory for these companies to offer free, hands-on training through their dealers to first-time purchasers and age appropriate members of their immediate families within a reasonable time from purchase.

Moreover, as another element of approving ATV action plans CPSC requires companies to also offer first-time purchasers an incentive valued at $100 for taking the hands-on training offered by the ATV Safety Institute (ASI). ASI also offers online training for experienced ATV riders.

Many ATV-related deaths and injuries are preventable. CPSC encourages all ATV riders, young and old, to make this riding season safer by following the basic rules of the trail:

Take a hands-on safety training course

Always wear protective gear - especially a helmet - when riding ATVs

Do not ride or drive a single-rider ATV with a passenger or ride as a passenger

Do not drive ATVs on paved roads

Do not permit children younger than 16 to drive or ride adult ATVs. Always choose an age-appropriate ATV for your child

Recreational off-highway vehicles (ROVs), also known as side-by-sides, have grown in popularity in recent years, and CPSC wants riders and passengers to know that they are different from ATVs. Unlike ATVs, ROVs have a steering wheel, bench or bucket seats, seatbelts, foot controls and a roll cage. They, too, are associated with a number of fatalities and injuries every year.

Keep safety first when using both off road vehicle types. To learn more, visit ATVSafety.gov. Please download our ATV Safety PSAs at www.atvsafety.gov/pr.html

WASHINGTON — The Secretary of Labor’s emphasis on worker safety and health was enhanced by the recent addition of seven new members to the National Advisory Committee on Occupational Safety and Health (NACOSH). The new appointees, who will serve two-year terms, bring to the committee years of experience and expertise in medicine, academia, safety program development and systems analysis.

NACOSH has advised the Secretaries of Labor, and Health and Human Services for nearly 40 years on worker safety issues such as Latino outreach, hazard communication, the whistleblower program, and overall occupational safety and health programs and policies.

These members, representing the interests of labor, management, safety and health professionals and the public, will use their expertise to help resolve major issues threatening the safety and health of American workers.

Public representatives:

• Michael Silverstein, M.D., M.P.H., assistant director, Washington Division of Occupational Safety and Health, will serve as committee chair.
• Linda Rae Murray, M.D., M.P.H., chief medical officer, Cook County (Ill.) Department of Health

Management representative:

• Joseph Van Houten, Ph.D., senior director, Worldwide EHS, Johnson & Johnson

Labor representatives:

• Margaret Seminario, M.S., director, Safety and Health, AFL-CIO
• William Borwegen, M.P.H., director, Occupational Health and Safety, Service Employees International Union CTW, CLC

Safety representative:

• Peter Dooley, M.S., CSP, CIH, LaborSafe

Health representative:

• Susan Randolph, M.S.N., RN, COHN-S, clinical assistant professor, Occupational Health Nursing Program, University of North Carolina-Chapel Hill, was reappointed for a second term.

The 12-member committee - eight of whom are selected by the Secretary of Labor, four by the Secretary of Health and Human Services - meets at least two times a year. For more information on the committee, visit OSHA’s NACOSH page.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to assure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.