VSRA News

Late last week, OSHA issued a notice in the Federal Register  requesting feedback on changes to the Agency's noise exposure standards. In their recent OSHA Trade Release , the Agency announced that it is seeking to change its official interpretation of “feasible administrative or engineering controls” for construction and general industry standards. This is an odd publication as it is not a proposed regulation, merely a proposed interpretation.  As such it is not governed by any of the requirements for analyses or response that would attach to a proposed regulation under the APA or OSHA’s rulemaking provisions. Nevertheless, OSHA is receiving comments until December 20, 2010.

Currently, employers must use feasible administrative or engineering controls to reduce noise to acceptable levels. Personal protective equipment (PPE), such as ear plugs and ear muffs, must be used only as supplements when administrative or engineering controls are not completely effective. However, the Agency has been issuing citations to employers that fail to use engineering and administrative controls only when they cost less than a hearing conservation program or if such equipment is ineffective.

Under this new proposal, employers MUST make any “feasible” changes to administrative or engineering controls that are “capable of being done,” regardless of the costs. The Agency cites a 1981 Supreme Court ruling upholding the term “feasible” to mean “capable of being done”, regardless of costs or benefits. The Agency has stipulated that employers will not be required to make such changes if they can prove the changes would “threaten the employers’ ability to remain in business.” Additionally, employers will need to make these wide-sweeping changes unless they can prove the capability does not exist to make administrative changes (intermittent use of machinery, time of exposure, etc.) or engineering controls (such environmental changes and noise dampening equipment) to reduce noise exposure. This burden

This new proposal clearly states that PPE should only be a supplement to administrative or engineering controls to reduce employees’ exposure to noise. I have attached both the Agency’s press release and announcement in the federal register. SCA will comment, and is exploring a potential legal challenge through the Coalition for Workplace Safety, of which SCA is a member.

Again, if implemented, this change will have a substantial economic impact on shipbuilding and repair facilities. Please provide any feedback to me ASAP and I will keep the Committee updated as comments are developed.

As all of us work to ensure that our environment is safe and productive, the latest Crane Safety Memorandum from the Department of the Navy (4330/Ser400SR/199) is a reminder that our industry is one where safety diligence is paramount. We encourage all of our members to be familiar with the directives of the memorandum, specifically training to the requirements of COMNAVREGMIDANTINST 11262.1 and NAVSEA Standard Item 009-40, with conflicts in requirements resolved by control of requirement COMNAVREGMIDANTINSTF 11262.1

We are here for the benfit of our member companies and welcome any input on how we can better ensure our industry holds the highest standard of safety for our workforce and for our companies.

On July 19th, David Michaels, Assistant Secretary of the Department of Labor and OSHA Director, issued an enlightening and important document as the agency entered its 40th year in existence.  This is important reading for all members of the ship repair industry.

OSHA at Forth: New Challenges and New Directions

Register for VSRA’s 15^th Annual Safety & Health Seminar.  Register five (5) or more and receive a 10% discount!  The target audience is Superintendents, Project Managers and Safety Professionals.

Fee -  Member $80; Non-member $135,  AT THE DOOR:Member $85; $Non-Member $150

The 2010 theme is ‘PROCE$$ FOR $UCCE$$’.   The Safety Seminar Committee has planned a diverse and stimulating day for Project Managers, Superintendents, and Safety Professionals.

Thirteen (13) different presentations are listed among three (3) tracks.  Attached is the 15th Annual Safety & Health Seminar Agenda - September 30, 2010 

1. Opening keynote speaker, Jim Brice, Assistant Deputy Commander, Maintenance, Modernization, Environment & Safety, Naval Sea Systems Command (SEA 04R)- Maintenance, Modernization, Environment & Safety
2. Leo Edwards, OSHA local area Director, OSHA Update
3. Colleen Becker, Marine Chemist Services Inc., Noise & Industrial Hygiene Sampling
4. James Sammons, Signal Administration, Inc., Let$ Find the Hazard$ Before They Find U$
5. Walt Pristou, NSSA Environmental Health & Safety Director - NAVFAC
6. Scott Shirley, CTR Corp, Shipyard & Contract Labor Risk Mitigation Best Practices

• Participants will receive a training certificate reflecting 8.0 Safety Training Hours and 1.0 Safety ABIH CM Points – Approval # 10-3143
• Continental Breakfast and lunch are included in the registration fee

OSHA has issued its Site-Specific Targeting inspection plan for FY 2010 (SST-10). SST-10 went into effect on August 18, 2010, and will expire in one year unless replaced earlier by a new directive.
The SST program is OSHA’s main programmed inspection plan for non-construction workplaces that have 40 or more employees.  It is based on the data received from the prior year’s OSHA Data Initiative survey. The Data Initiative survey and the SST program help OSHA achieve its goal of reducing the number of workplace injuries and illnesses by directing enforcement resources to those workplaces where the highest rate of injuries and illness have occurred. 

The 2010 SSRAC Changes to Standard Items Preliminary Report can be found on the VSRA website at http://www.virginiashiprepair.org/research.asp

Questions or comments may be directed to the QMB Committee.