Archive for May, 2011
US Labor Department’s OSHA announces final rule to reduce employer burdens by removing outdated requirements, streamlining and simplifying standards
Release Number: 11-749-NAT
May 26, 2011
Contact: Diana Petterson Jesse Lawder
Phone: 202-693-1898 202-693-4659
Email: petterson.diana@dol.gov lawder.jesse@dol.gov
US Labor Department’s OSHA announces final rule to reduce employer burdens
by removing outdated requirements, streamlining and simplifying standards
WASHINGTON – The U.S. Department of Labor’s Occupational Safety and Health Administration today announced the forthcoming release of a final rule that streamlines and simplifies standards while reducing employer burdens. The rule, which soon will be published in the Federal Register, will help keep OSHA standards up-to-date and better enable employers to comply with their regulatory obligations.
“The final rule is the third in OSHA’s Standards Improvement Projects initiative that periodically reviews OSHA regulations with the goal of improving and eliminating those that are confusing, outdated, duplicative or inconsistent,” said Assistant Secretary of Labor for OSHA Dr. David Michaels. “OSHA estimates that the final rule, without reducing employee protection, will result in annual cost savings to employers exceeding $43 million and significant reductions in paperwork burden hours.”
These updates will be in line with the goals of the president’s Executive Order 13563, “Improving Regulation and Regulatory Review,” issued Jan. 18 to simplify standards and reduce unnecessary regulatory burdens. The executive order is available at http://www.regulations.gov/exchange/sites/default/files/doc_files/President’s%20Executive%20Order%2013563_0.pdf*.
The rule will update OSHA’s standards and identify requirements for revision based on an agency review, comments from the public and recommendations from an Office of Management and Budget report (Regulatory Reform of the U.S. Manufacturing Sector, 2005). It builds on the success of SIP-Phase I published June 18, 1998, and SIP-Phase II published Jan. 5, 2005.
The new rule will result in several changes to OSHA’s existing respiratory protection standard, including aligning air cylinder testing requirements for self-contained breathing apparatuses with U.S. Department of Transportation regulations, clarifying that aftermarket cylinders meet National Institute for Occupational Safety and Health quality assurance requirements and clarifying that the provisions of Appendix D, which contains information for employees using respirators when not required under the standard, are mandatory if the employee chooses to use a respirator.
Other changes to result from the new rule will include updating the definition of the term “potable water” to be consistent with the current Environmental Protection Agency standards instead of the former and outdated Public Health Service Corps definition, removing the outdated requirement that hand dryers use warm air because new technology allows employers to use hand-drying products that do not involve hot or warm air and removing two medical record requirements from the commercial-diving standard because that standard no longer requires medical examinations.
Updates also will include deleting a number of requirements for employers to transmit exposure and medical records to NIOSH, thus saving NIOSH significant costs to store and maintain the records. According to NIOSH, these records did not serve a useful research purpose. The slings standards also will be updated and streamlined by requiring that employers use only slings marked with manufacturers’ loading information.
There will not be any new requirements set by this rule, so employers will be able to comply with it immediately. Regulatory text on the SIP-Phase III final rule will be published in the Federal Register.
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 ensure 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 news materials are accessible at http://www.dol.gov. The information above is available in large print, Braille, audio tape or disc from the COAST office upon request by calling 202-693-7828 or TTY 202-693-7755.
* Accessibility Assistance Contact OSHA’s Office of Communications at 202-693-1999 for assistance accessing PDF documents.
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Court Enters Final Judgment on Gulf of Mexico Deepwater Drilling Permits
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Court Enters Final Judgment on Gulf of Mexico Deepwater Drilling Permits
Houston, TX, May 25, 2011 - A U.S. District Court on May 20, 2011 entered a Final Judgment finding the United States government “… acted unlawfully by unreasonably delaying action on each of the nine permit applications at issue in this case.” The Court stated that the law “… establishes a non discretionary duty on the Department of the Interior to act on OCSLA drilling permits within a reasonable time.” The Final Judgment and the Order and Reasons were entered in the case of Ensco Offshore Co. and ATP Oil & Gas Corporation v. Salazar, et al, 2:10-cv-01941, U.S. District Court in the Eastern District of Louisiana.
On May 27, 2010 the U.S. Department of Interior imposed a moratorium on deepwater drilling and suspended the issuance of new permits. On October 12, 2010, the U.S. government lifted the final moratorium.
The Court referred specifically to two permits that were submitted, but which were not acted on by the government within thirty days, stating “That with respect to the two ATP Oil & Gas Corporation permit applications at issue that have already been approved, it is further declared that Defendants acted unlawfully by (i) unreasonably delaying and not acting on ATP’s application[s]…” within thirty days of being submitted. ATP’s two permits were not granted until March 18, 2011 and April 7, 2011, more than five months after the final moratorium was lifted.
In explaining the thirty day timeline for government action in its Order and Reasons issued May 10, 2011, the Court wrote that, “The thirty-day timeline is reasonable, in part because the government has failed to establish that the individual permit applications pending in this case individually require more (or less) care. The Court has repeatedly acknowledged that some delays are understandable in a more regulated environment, but that now, over a year after the Deepwater Horizon tragedy, delays must reach some end. Without evidence showing otherwise, a thirty-day timeline derived from the statute and past practices remains reasonable. And as this Court has previously explained, thirty days seems to have Congress’s acknowledgment as reasonable within the statutory plan.”
About ATP Oil & Gas Corporation
ATP Oil & Gas Corporation (ATP) is engaged in the development and production of oil and natural gas in the offshore Gulf of Mexico, Mediterranean Sea and the North Sea. ATP established itself as a deepwater operator in the Gulf of Mexico Garden Banks area with the subsea Ladybug wells in 2000. With its proven abilities in the utilization of subsea technologies, ATP is aggressively expanding its development activities internationally into the historically productive region of the North Sea and into the Mediterranean Sea. The company trades publicly as ATPG on the NASDAQ Global Select Market. For more information about ATP Oil & Gas Corporation, visit www.atpog.com.
For More Information Contact
T. Paul Bulmahn
Chairman and CEO
ATP Oil & Gas Corporation, Houston
713-622-3311
www.atpog.com
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Albert L. Reese Jr.
Chief Financial Officer
713-622-3311
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OSHA slide presentation shows employers how to protect residential construction workers from falls
May 25, 2011
Contact: Office of Communications
Phone: 202-693-1999
OSHA slide presentation shows employers how to protect
residential construction workers from falls
WASHINGTON – The Occupational Safety and Health Administration recently published a new compliance assistance tool to help employers prevent fall-related injuries and deaths among residential construction workers. This new educational presentation* is located on OSHA’s website.
This slide presentation is one of many formats OSHA is using to reach out to the residential construction industry and provide information and assistance to employers in residential construction. In December 2010, OSHA announced a new directive withdrawing a former interim directive that allowed residential builders to bypass fall protection requirements. Falls are the leading cause of death for workers involved in construction.
The presentation describes safety methods for preventing injuries and deaths from falls, and explains techniques currently used by employers during various stages of construction. These techniques involve the use of conventional fall protection systems including safety nets, guardrails, and personal fall arrest systems such as body harnesses, lanyards and lifelines. Workers who use these safety systems perform activities such as installing roof sheathing, weatherproofing a roof, and installing walls and subfloors, among others.
The presentation is among a series of guidance materials on OSHA’s Residential Fall Protection Web page. Other resources include a fact sheet, and questions and answers about requirements for protecting workers from fall hazards. The Safety and Health Topics Web page on Fall Protection – Construction also provides a list of references to help employers identify fall hazards and possible solutions for eliminating such hazards. OSHA is continuing to develop additional resources to help employers protect residential workers’ safety and health.
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. Labor Department news releases are accessible on the Internet at www.dol.gov. The information in this release will be made available in alternative format upon request (large print, Braille, audiotape or disc) from the Central Office for Assistive Services and Technology. Please specify which news release when placing your request. Call 202-693-7828 or TTY 202-693-7755.
* Accessibility Assistance Contact OSHA’s Office of Communications at 202-693-1999 for assistance accessing PPT documents.
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Philadelphia Gas Works, the Largest Municipally Owned Natural Gas Utility in the U.S Selects MetricStream’s Next Generation Internal Audit Management Solution
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Philadelphia Gas Works, the Largest Municipally Owned Natural Gas Utility in the U.S Selects MetricStream’s Next Generation Internal Audit Management Solution
MetricStream to provide end-to-end functionality to support entire internal audit lifecycle
Palo Alto, CA, May 25, 2011 - MetricStream, the market leader in enterprise-wide Governance, Risk and Compliance solutions, announced today that Philadelphia Gas Works (PGW), the largest municipally owned natural gas utility organization in the United States, has chosen MetricStream’s next generation Internal Audit Management Solution to automate and streamline its entire internal audit program.
Founded in 1836, PGW manages a distribution system of approximately 6,000 miles of gas mains and service pipes supplying approximately 500,000 customers.
MetricStream’s Internal Audit Management solution will be implemented to automate, manage and track the progress of audits performed by PGW’s Internal Audit Department. With extensive capabilities including systematic risk assessment, detailed audit planning, comprehensive issue tracking, and administration, the MetricStream solution will help the PGW Internal Audit Department to standardize, automate and manage key aspects of their audit process.
MetricStream solution’s built-in library of standard templates will provide a framework for the Internal Audit department to drive audit initiatives consistently, adhere to processes approved by the PGW management and also facilitate compliance with the International Professional Practice Framework (IPPF) by the Institute of Internal Auditors (IIA).
PGW conducted a detailed evaluation of the responsiveness, responsibility and several relevant factors of various solution providers in the industry prior to selecting the MetricStream Solution.
“We are happy with the addition of PGW, the largest municipally owned gas utility in the US, to our strong customer base in the energy sector,” says Gaurav Kapoor, Chief Operating Officer at MetricStream. “The energy sector functions within a progressively complex risk and regulatory environment. Our robust solution helps companies in this space achieve complete compliance, risk management and audit capabilities to manage stringent regulations and industry mandates.”
MetricStream GRC Platform has been deployed by some of the largest public and private electric utilities, power companies, oil and gas corporations as well as regulatory agencies. MetricStream is positioned in the Leaders Quadrant of the Gartner Magic Quadrant for Enterprise GRC Platforms, 2010.
About MetricStream
MetricStream is a market leader in Enterprise-wide Governance, Risk, Compliance (GRC) and Quality Solutions for global corporations. MetricStream solutions are used by leading corporations such as Pfizer, Philips, NASDAQ, UBS, SanDisk, Subway, Fairchild Semiconductor and Cummins in diverse industries such as Pharmaceuticals, Medical Devices, Automotive, Food, High Tech Manufacturing, Energy and Financial Services to manage their quality processes, regulatory and industry-mandated compliance and corporate governance initiatives, as well as by over a million compliance professionals worldwide via the www.ComplianceOnline.com portal. MetricStream is headquartered in Palo Alto, California and can be reached at www.metricstream.com
For More Information Contact
MetricStream
www.metricstream.com
pr@metricstream.com
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US Labor Department’s OSHA cites Rite Aid Pharmacy for blocked emergency exits at Brooklyn, NY, store; proposes $60,500 fine
Region 2 News Release: 11-741-NEW/BOS 2011-183
May 23, 2011
Contact: Ted Fitzgerald
Phone: 617-565-2074
Email: fitzgerald.edmund@dol.gov
US Labor Department’s OSHA cites Rite Aid Pharmacy for blocked
emergency exits at Brooklyn, NY, store; proposes $60,500 fine
NEW YORK – The U.S. Department of Labor’s Occupational Safety and Health Administration has cited Rite Aid Pharmacy for one alleged willful violation of workplace safety standards relating to blocked emergency exits at the chain’s store located at 16321-43 Pitkin Ave. in Brooklyn. The agency has proposed a $60,500 fine.
On Nov. 30, 2010, an OSHA inspector found two of the store’s emergency exits blocked by filled totes and wooden crates, and informed management that the exits must not be blocked. Upon returning to the store on Dec. 2, the inspector observed one of the exits blocked again, this time by boxes and a hand truck.
“The sizable fine proposed here reflects both the seriousness of this hazard and management’s knowledge of its existence,” said Kay Gee, OSHA’s area director for Manhattan, Brooklyn and Queens. “There is nothing arcane or complex about the need for clear and immediate access to exits in the event of a fire or other emergency. An obstructed exit can delay evacuation at a time when every second counts and workers’ lives and well-being are at risk.”
A willful violation is one committed with intentional knowing or voluntary disregard for the law’s requirements, or with plain indifference to worker safety and health.
“One means of addressing and eliminating such hazards is by establishing and maintaining an effective illness and injury prevention program, through which management and workers proactively identify and eliminate hazardous conditions on a continual basis,” said Robert Kulick, OSHA’s regional administrator in New York.
Rite Aid Pharmacy has 15 business days from receipt of the citation and proposed penalty to comply, meet with the OSHA area director or contest the findings before the independent Occupational Safety and Health Review Commission. This inspection was conducted by OSHA’s Manhattan Area Office; telephone 212-620-3200. To report workplace incidents, fatalities or situations posing imminent danger to workers, call the agency’s toll-free hotline at 800-321-OSHA (6742).
An OSHA fact sheet about emergency exit routes is available online at http://www.osha.gov/OshDoc/data_General_Facts/emergency-exit-routes-factsheet.pdf*.
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 ensure 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.
###
U.S. Department of Labor news materials are accessible at http://www.dol.gov. The information above is available in large print, Braille, audio tape or disc from the COAST office upon request by calling 202-693-7828 or TTY 202-693-7755.
* Accessibility Assistance Contact OSHA’s Office of Communications at 202-693-1999 for assistance accessing PDF documents.
This entry passed through the Full-Text RSS service — if this is your content and you’re reading it on someone else’s site, please read the FAQ at fivefilters.org/content-only/faq.php#publishers. Five Filters featured article: If At First You Don’t Succeed – Four Decades Of US-UK Attempts To Topple Gadafi.
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