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10-1157-PHI (osha 10-185)
Aug. 26, 2010
Contact: Joanna Hawkins
Phone: 215-861-5101

Pennsylvania’s Washington Penn Plastic earns prestigious OSHA ‘star’
for workplace safety and health success at Arden Division

WASHINGTON, Pa. – The U.S. Department of Labor’s Occupational Safety and Health Administration today certified Washington Penn Plastic-Arden Division as a star site, the highest honor in its Voluntary Protection Programs.

OSHA Deputy Regional Administrator Ed Selker and Pittsburgh Area Office Director Robert Szymanski represented OSHA at a ceremony held at the company’s office in Washington, Pa.

“Washington Penn Plastic has demonstrated its commitment to ensuring employee safety and health by maintaining an injury and illness rate 48 percent below comparable industry rates,” said Selker.

Washington Penn Plastic is the largest compounder of custom polyolefins in North America. The Arden Division supplies compounded products for automotive, consumer and industrial applications.

OSHA’s recognition programs include the VPP for employers and employees that have implemented exemplary workplace safety and health management systems. In the VPP, management, labor and OSHA work cooperatively and proactively to prevent injuries, illnesses and workplace hazards. As part of attaining VPP status, employers must demonstrate management commitment to the safety and health of their employees and actively involve employees in the safety and health management system.

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.

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U.S. Department of Labor releases are accessible on the Internet at http://www.dol.gov. The information in this news release will be made available in alternate format (large print, Braille, audiotape or disc) from the COAST office upon request. Please specify which news release when placing your request at 202-693-7828 or TTY 202-693-7755. The Labor Department is committed to providing America’s employers and employees with easy access to understandable information on how to comply with its laws and regulations. For more information, please visit http://www.dol.gov/compliance.

Region 8 News Release: 10-1125-DEN
Aug. 26, 2010
Contact: Rich Kulczewski
Phone: 303-844-1302
E-mail: kulczewski.richard@dol.gov

U.S. Labor Department’s OSHA orders Utah Transit Authority to pay
more than $130,000 to former worker in whistleblower case

SALT LAKE CITY – The U.S. Department of Labor’s Occupational Safety and Health Administration has ordered the Utah Transit Authority, headquartered in Salt Lake City, Utah, to immediately reinstate a wrongfully discharged employee to his former position and pay more than $130,000 in back wages with interest, compensatory damages and attorney’s fees. OSHA’s recently completed investigation determined that the Utah Transit Authority discharged the worker in violation of the whistleblower provision of the Federal Railroad Safety Act.

The complaint filed with OSHA alleged that the Utah Transit Authority, which provides mass transportation to the public through bus, light rail, van pool and commuter rail services, had discharged the worker in retaliation for raising security concerns. Those concerns centered around the transit authority’s issuance of keys to access the railroad’s controls and switches for signals and tracks. FRSA protects employees of a railroad carrier and its contractors and subcontractors against retaliation for reporting certain safety and security violations. Employees are also protected for cooperating with investigations by OSHA and other regulatory agencies, and reporting on-the-job injuries. OSHA’s investigation found reasonable cause to believe that the employee was discharged in retaliation for engaging in activities protected by the act.

In addition to monetary relief, OSHA ordered the Utah Transit Authority to display information in the workplace regarding whistleblower rights afforded to employees under the FRSA. Either party to the case can appeal the Secretary’s Findings and Order within 30 days of receipt to the Labor Department’s Office of Administrative Law Judges.

OSHA enforces the whistleblower provisions of the Occupational Safety and Health Act and 18 other statutes protecting employees who report violations of various trucking, airline, nuclear power, pipeline, environmental, rail, public transportation, health care, securities and financial reform laws. Detailed information about employee whistleblower rights, including fact sheets, is available online at http://www.whistleblowers.gov.

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.

NOTE: The Labor Department does not release names of employees involved in whistleblower complaints.

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U.S. Department of Labor releases are accessible on the Internet at http://www.dol.gov. The information in this news release will be made available in alternate format (large print, Braille, audiotape or disc) from the COAST office upon request. Please specify which news release when placing your request at 202-693-7828 or TTY 202-693-7755. The Labor Department is committed to providing America’s employers and employees with easy access to understandable information on how to comply with its laws and regulations. For more information, please visit http://www.dol.gov/compliance.

NSTAR Proposes 32 Percent Cut in Natural Gas Price

Boston, MA, August 27, 2010 - For the remainder of the summer and into the fall, NSTAR Gas customers can expect to pay a supply price that’s about 32 percent less than the current summer price. The company has submitted a new gas supply rate of just over 21 cents per therm, down from the current price of 31 cents. If approved by the Massachusetts Department of Public Utilities, the price cut will save the average NSTAR Gas customer nearly $4.00 a month beginning on September 1st.  

“We’re encouraged by the continued low prices for natural gas as we head toward the fall,” said Tom May, NSTAR Chairman, President and CEO. “Any savings we can pass along to our customers now are helpful in these difficult economic times.”  

Customers use natural gas for a variety of reasons in the summer months including cooking, hot water and clothes drying. If the proposed price cut is approved, the average NSTAR Gas heating/cooking customer using 38 therms of gas a month between May and October will pay $33.27 a month, down from $37.01. The average NSTAR Gas non-heating customer using 12 therms of gas a month will pay $17.25 a month, down from $18.43.  

The supply rate, known as the Cost of Gas Adjustment, reflects the forecasted price of natural gas. NSTAR makes no profit on this charge. The proposed decrease reflects the continued fluctuation of fuel prices on the New York Mercantile Exchange (NYMEX).  

NSTAR is the largest Massachusetts-based, investor-owned electric and gas utility. The company transmits and delivers electricity and natural gas to 1.4 million customers in Eastern and Central Massachusetts, including more than one million electric customers in 81 communities and 300,000 gas customers in 51 communities. For more information, visit www.nstar.com.

For More Information Contact
Caroline Allen
NSTAR
617-424-2460
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Region 4 News Release: 10-1113-ATL (497)
Aug. 26, 2010
Contact: Michael D’Aquino
Email: D’Aquino.Michael@dol.gov
Phone: 404-562-2076

US Department of Labor’s OSHA cites Asphalt Paving Specialists
for willful and serious safety violations after injuring a worker

FORT LAUDERDALE, Fla. – The U.S. Department of Labor’s Occupational Safety and Health Administration has cited Asphalt Paving Specialists Inc. for alleged safety violations resulting in an employee being injured at its Davie, Fla., worksite in March. Penalties total $62,200.

The incident occurred when an employee operating a tractor struck another worker who was digging a shallow ditch. The injured worker was hospitalized and has since returned to work.

Asphalt Paving Specialists, based in Hollywood, Fla., is receiving one willful citation with a proposed penalty of $49,000 for failing to provide a reverse signal alarm on the equipment that struck and pinned the employee while backing up. The tractor has not had an operational reverse signal for approximately two years. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.

The company also has been cited with 10 serious violations and proposed penalties of $13,200 for failing to train workers in the recognition and avoidance of hazards. Other violations include a lack of eye protection while working near chemicals; exposing workers to accumulation of materials that could result in tripping, fire or an explosion; failing to provide a fire extinguisher within 50 feet of flammable and combustible material; operating trucks with inoperative safety devices; and failing to develop or maintain a hazard communications program. A serious citation is issued when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

“It’s time employers realize that OSHA will not tolerate a company’s work ethic where profit is placed ahead of worker safety. OSHA will aggressively identify these employers, cite them for unsafe working environments, and hold them responsible for their workers’ safety,” said Darlene Fossum, OSHA’s area director in Fort Lauderdale.

The company has 15 business days from receipt of the citations and proposed penalties to comply, request a conference with OSHA’s area director or contest the findings before the independent Occupational Safety and Health Review Commission. The site was inspected by staff from OSHA’s area office, 1000 South Pine Island Road, Suite 100, Fort Lauderdale, FL 33324; telephone 954-424-0242. To report workplace accidents, fatalities or situations posing imminent danger to workers, call OSHA’s toll-free hotline at 800-321-6742.

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.

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U.S. Department of Labor releases are accessible on the Internet at http://www.dol.gov. The information in this news release will be made available in alternate format (large print, Braille, audiotape or disc) from the COAST office upon request. Please specify which news release when placing your request at 202-693-7828 or TTY 202-693-7755. The Labor Department is committed to providing America’s employers and employees with easy access to understandable information on how to comply with its laws and regulations. For more information, please visit http://www.dol.gov/compliance.

NIPSCO, OUCC, Other Parties Reach Agreement on Natural Gas Rate Case Settlement
Holds the line on costs, with rate decreases across all customer classes Continues strong support for customer assistance, energy efficiency programs

Indianapolis, August 25, 2010 - Northern Indiana Public Service Company (NIPSCO), the Indiana Office of Utility Consumer Counselor (OUCC) and other key customer stakeholders have reached a settlement agreement in NIPSCO’s pending natural gas rate case. The settlement was filed with the Indiana Utility Regulatory Commission (IURC) on Tuesday, Aug. 24, 2010, and is subject to commission review and approval.

The settlement, also signed and agreed upon by the NIPSCO Industrial Group, the NIPSCO Marketer Group and Citizens Action Coalition of Indiana, will result in a rate decrease for all NIPSCO natural gas customer classes. The settlement also calls for continued strong support for low-income customer assistance, energy efficiency and conservation programs.

Among the settlement’s key provisions:

• NIPSCO will reduce its overall natural gas rates by $14.8 million, based on a $5 million reduction for residential customers and a $9.8 million reduction for commercial and industrial customers. For NIPSCO’s 660,000 residential natural gas customers, the reduction equates to a savings of approximately $7.50 per year per customer. Rates for commercial and industrial classes will also be lower.
• NIPSCO will adjust its rate design for the residential class to reduce seasonal volatility in customer bills and support energy conservation. This change helps separate fixed monthly service costs from variable, usage-driven costs, allowing customers to better track and manage energy consumption. This design will include increasing the utility’s monthly gas service charge from $6.36 to $11.00, instead of the $20.00 charge originally proposed. Reductions to the base rate’s volumetric charges will offset the service charge increase, especially in winter months.
• NIPSCO will revise its low-income customer assistance program to make it similar in design to the Universal Service Program currently in place for Citizens Gas and Vectren Energy Delivery, and at the same funding level it contributes to the current Winter Warmth program. NIPSCO will contribute 25 percent of the program’s costs, which under current usage levels total approximately $1.5 million. The first $500,000 of NIPSCO’s funding will be used to continue a hardship program for non-eligible Low-Income Home Energy Assistance Program customers.
• NIPSCO will continue to offer a variety of natural gas energy efficiency and conservation programs. NIPSCO currently provides $1 million in annual funding for these programs, and will provide an additional $1 million in funding for future extensions or enhancements to the programs within 30 days following the issuance of an order approving the settlement.
• The settlement addresses a number of additional natural gas rate related matters, including revision to NIPSCO’s depreciation and amortization expense levels, regulatory treatment of Alternative Regulatory Plan (ARP) revenues and other items.

“We commend all the parties involved for taking a constructive and customer-focused approach in developing this settlement,” NIPSCO CEO Jimmy Staton said. “We believe this represents a fair and reasonable outcome which serves the interests of NIPSCO’s customers and the public at large. This settlement is consistent with our expectations for the outcome of this case, and provides a strong platform for continued enhancements to customer service, reliability and our ongoing investment in Indiana’s energy infrastructure.”

“The OUCC negotiated aggressively for an overall rate decrease for consumers, while preserving funding for low-income assistance during these difficult economic times,” said Indiana Utility Consumer Counselor David Stippler. “Our staff listened to consumers’ comments and kept those comments in mind throughout these negotiations. We are very pleased with the outcome of the negotiations that led to this agreement.”

“The settlement agreement provides much needed rate relief and improvements to payment assistance CAC has supported for some time,” said Citizens Action Coalition of Indiana Executive Director Grant Smith. “It also offers a reasonable solution to reducing seasonal volatility and a process for continuing gas efficiency programs. It shows what can be achieved when ratepayers and utilities work collaboratively.”

NIPSCO, with headquarters in Merrillville, Ind., is one of the nine energy distribution companies of NiSource Inc. (NYSE:NI) . With more than 712,000 natural gas customers and 457,000 electric customers across the northern third of Indiana, NIPSCO is the largest natural gas distribution company, and the second largest electric distribution company, in the state. NiSource distribution companies serve 3.8 million natural gas and electric customers primarily in seven states. More information about NIPSCO is available at www.nipsco.com.

The Indiana Office of Utility Consumer Counselor (OUCC) represents Indiana consumer interests before state and federal bodies that regulate utilities. As a state agency, the OUCC’s mission is to represent all Indiana consumers to ensure quality, reliable utility services at the most reasonable prices possible through dedicated advocacy, consumer education, and creative problem solving. To learn more, visit www.IN.gov/OUCC.

Citizens Action Coalition of Indiana is a statewide nonprofit, nonpartisan, member-based organization that was founded in 1974 and represents residential consumers before the Indiana Utility Regulatory Commission and Indiana General Assembly on utility, energy, environmental and health care policy issues. CAC is located at: 603 E. Washington St., Suite 502; Indianapolis, IN 46204; 317-205-3535. (www.citact.org)

For More Information Contact
Nick Meyer
NIPSCO
+1-219-647-6556
www.nipsco.com
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Anthony Swinger
OUCC
+1-317-233-2747
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