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Where There's Smoke, People Are Getting Fired

January 24, 2007
The following article was sent to VSRA from the HR folks at the Shipbuilders Council of America (SCA).  Some food for thought.
To improve health and cut costs, a large corporation has begun firing smokers. But two attorneys are suggesting a better way.
January is traditionally a month in which people resolve to change their habits. Those who overeat try to diet. Those who disdain exercise suddenly discover the corner gym. And those who smoke ...well, if they work for lawn products maker Scotts Miracle-Gro, they might get fired.
Scotts, with 5,300 workers employed nationwide, has instituted a strict no-smoking policy. Simply put, if you smoke at work or even at home, it can cost you your job. The tool used to find out is tobacco use testing, required of all new hires and done randomly on the existing workforce.
Scotts has proved it isn't kidding around. A Massachusetts worker has already lost his job and is now suing the company.
Firing Smokers Legal in 21 States
He'll likely find, however, that the policy is legal in his and 20 other states, including Scotts' home state of Ohio. The rest prohibit adverse job actions based on use of legal products, including tobacco. Current federal law doesn't mention the issue.
Behind the policy, says Scotts, lie concerns for employee health and for the company's healthcare costs. Management has made it clear it prefers to terminate smoking, not employees. To that end, the company sponsors smoking cessation classes and provides counseling and nicotine patches at no cost to workers.
Scotts' solution may be extreme, but so are the problems of smoking. Studies by the National Business Group on Health calculate that each smoker costs employers nearly $4,000 more in added health insurance premiums and other costs each year than does a nonsmoker. The human toll exacted by cancer and other diseases is far greater... an average of 14 years lost off the average life span.
Is there a legal way to discourage smoking, one that carries more weight than education but that is less drastic than firing?
A Less Drastic Answer than Termination
According to Attorneys Steven J. Friedman and Lisa C. Chagala of the law firm Littler Mendelson, P.C., the answer is yes. It's by providing a reward in the form of lower health insurance premiums for nonsmokers. To do so, however, requires getting around provisions of the Health Insurance Portability and Accountability Act (HIPAA) that prohibit discrimination in premiums based on a health condition. For smoking, however, there is something of a loophole. "HIPAA provides an exception by permitting wellness programs," write Friedman and Chagala, "provided that certain requirements are met."
Those requirements:
1) The "reward" [reduction in premiums] cannot be more than 10% to 20% of the total cost of coverage.
2) The program must be designed to promote health or prevent disease.
3) The program must be available to all similarly situated participants.
4) A reasonable alternative must be available for those for whom it is medically inadvisable to try to meet the standard. The alternative must be disclosed in all program materials.

Executive Director of HRMFFA Speaks

January 17, 2007

Frank Robert, Executive Director of the Hampton Roads Military & Federal Facilities Alliance, addressed the members of VSRA at their monthly membership meeting on Tuesday, January 16, 2007.  The alliance was formed by the Hampton Roads Mayors & Chairs Caucus to correct what was believed to be inadequate preparation for the most recent Base Realignment and Closing (BRAC) process.  Frank Roberts HRMFFA Presentation can be reviewed to gain a better understanding of the alliance's mission.

VSRA Seeks Training Resources

January 12, 2007 The Virginia Ship Repair Association is expanding its initiatives in Workforce Development and Training. To help accomplish our expanded training offerings, we are looking for a few good people to add to our resources list! If you know someone who is retiring or has recently retired from the trades please let us know! We are building a list of instructors, resource experts and outreach staff to help us deploy our mission of becoming the most efficient and qualified ship repair yards in the world! Please have interested individuals contact Josephine Anderson at janderson@virginiashiprepair.org or by phone at (757) 233-7034.

Navy Backed Survey of HexChrome

January 11, 2007 Northrop shipyard to lead survey on rules for use of chemical By JON W. GLASS, The Virginian-Pilot © January 11, 2007 Since November, shipbuilders and repair yards in Hampton Roads and elsewhere have had to meet tougher federal rules for limiting worker exposure to a known cancer-causing chemical found in some hull paints, stainless steel and chrome plating. Now shipbuilder Northrop Grumman Newport News is taking the lead on a Navy-backed survey to develop industry wide guidance on the best ways to meet the standards. The goal is to save taxpayers money while keeping workers safe. The project is one of 16 recently selected for financ ing by the National Shipbuilding Research Program, a Navy-supported collaboration of 11 U.S. shipyards working to find ways to lower the cost of building and repairing military ships. “The purpose of the survey is to compare best practices and determine which may be the most efficient and economical while making sure workers are protected,” said Jim Thornton, director of environmental health and safety for the Newport News yard. “It’s to get the industry on the same page.” The Occupational Safety and Health Administration issued stricter rules last year to limit exposure to hexavalent chromium, a chemical used as an anti-fouling agent in some hull primer paints and as a hardening agent in stainless steel. Shipyard welders in particular could be vulnerable to inhaling the chemical while heating stainless steel without proper precautions. The chemical is known to cause lung cancer and ulcers of the nose and skin. The $50,000 survey of industry best practices is being paid for from the Navy’s research and development budget, said Jim House, technical director of the national shipbuilders group, based in Charleston, S.C. In another project, employees in the Virginia Beach office of O’Brien & Gere, a national engineering firm, will play a role in developing an oil-spill prevention guidebook intended to help shipyards comply with updated Environmental Protection Agency rules. The Navy also is pay ing for that $38,000 project. Reach Jon W. Glass at (757) 446-2318 or jon.glass@pilotonline.com.

DHS Issues Final Rule on TWIC

January 11, 2007 January 3, 2007 TSA Public Affairs: (571) 227-2829 U.S. Coast Guard Public Affairs: (202) 372-4620 DHS ISSUES CREDENTIALING RULE TO SECURE ACCESS TO U.S. PORTS WASHINGTON – The Department of Homeland Security (DHS) today announced the issuance of the final rule for the Transportation Worker Identification Credential (TWIC) program, which enhances port security by checking the backgrounds of workers before they are granted unescorted access to secure areas of vessels and maritime facilities. The rule was posted publicly on TSA’s web site Jan. 1, 2007 and has been delivered to the Federal Register for posting in the coming days. The rule lays out the enrollment process, disqualifying crimes, usage procedures, fees and other requirements for workers, port owners, and operators. These guidelines allow the industry, government and public to prepare for the implementation of this important security program. The Transportation Security Administration (TSA) and the U.S. Coast Guard held four public meetings around the nation and received more than 1,900 comments regarding the initial draft of this federal rule. Comments were filed by workers, port facility owners and operators, small businesses and others who would be affected by the new program. All comments were carefully considered in the development of the final rule. The rule is expected to impact more than 750,000 port employees, longshoreman, mariners, truckers and others who require unescorted access to secure areas of ports and vessels. Specific measures include: • Security threat assessment – TWIC applicants will undergo a comprehensive background check that looks at criminal history records, terrorist watch lists, immigration status, and outstanding wants and warrants. If no adverse information is disclosed, TSA typically completes a security threat assessment in less than ten days. • Technology – The credential will be a Smart card containing the applicant’s photograph and name, an expiration date, and a serial number. In addition, an integrated circuit chip will store the holder’s fingerprint template, a PIN chosen by the individual, and a card holder unique identifier. • Eligibility – Individuals lacking lawful presence and certain immigration status in the United States, connected to terrorist activity, or convicted of certain crimes will be ineligible for a TWIC. • Use – During the initial rollout of TWIC workers will present their cards to authorized personnel, who will compare the holder to his or her photo, inspect security features on the TWIC and evaluate the card for signs of tampering. The Coast Guard will verify TWIC cards when conducting vessel and facility inspections and through spot checks using hand-held readers to ensure credentials are valid. Until card reader technology is tested and a regulation issued on access control, facility owners and operators will not be required to utilize TWIC readers for facility access. • Cost – The fee for TWIC will be between $139 and $159, and the TWIC cards will be valid for 5 years. Workers with current, comparable background checks including a HAZMAT endorsement to a commercial driver’s license, merchant mariner document or Free and Secure Trade (FAST) credential will pay a discounted fee, between $107 and $127. The exact amount of the fee will be established and published once an enrollment support contract is finalized in early 2007. A subsequent Federal Register Notice will be issued at that time. • Biometric data – Applicants will provide a complete set of fingerprints and sit for a digital photograph. Fingerprint checks will be used as part of the security threat assessment. Fingerprint templates extracted from the biometric data will be stored on the credential. Specific measures include (continued from previous news article) • Privacy and information security – The entire enrollment record (including all fingerprints collected) will be stored in the TSA system, which is protected through role-based entry, encryption and segmentation to prevent unauthorized use. Employees of a vendor under contract to TSA known as “Trusted Agents” will undergo a TSA security threat assessment prior to collecting biometric and biographic data of TWIC enrollees. All enrollee personal data is deleted from the enrollment center work stations once the applicant completes the process. TWIC enrollment will begin in March of 2007, initially at a small number of ports. The implementation will comply with the schedule established in the SAFE Port Act. Additional TWIC deployments will increase and continue throughout the year at ports nationwide on a phased basis. Workers will be notified of when and where to apply prior to the start of the enrollment period in their given area. After issuance of TWIC cards to a port’s workers has been accomplished, DHS will at each port establish and publish a deadline by which all port workers at that port will thereafter be required to possess a TWIC for unescorted access. While developing the regulation for TWIC in the summer and fall of 2006, TSA completed name-based security threat assessments on port employees and longshoremen. These assessments against terrorist watch lists and immigration data sets were an interim measure and did not include the criminal history records check that will be a part of TWIC. The final rule is available on TSA’s web site at the TSA website and more information on port security is available at the U.S. Coast Guard’s Homeport site by clicking on the Maritime Security link. The 469 page ruling document is available in PDF format at this link.

OSHA Guidance on Abrasive Blasting in Shipyards

January 08, 2007 Trade News Release Jan. 5, 2007 Contact: Elaine Fraser Phone: (202) 693-1999 OSHA Issues Guidance on Abrasive Blasting in Shipyards WASHINGTON -- New guidance from the Occupational Safety and Health Administration (OSHA) alerts shipyard employers and their employees about abrasive blasting hazards and the controls that can be implemented to protect employees. "This new guidance focuses on silica alternatives since most shipyards have moved away from using silica as a blasting agent," said OSHA Administrator Edwin G. Foulke, Jr. "However, alternative blasting materials may bring a different set of hazards, so we want shipyard employees and their employers to have the most up-to-date safety and health information possible." The new guidance also addresses the specific air contaminants that employees may be exposed to during abrasive blasting. Other abrasive blasting safety and health hazards are discussed and recommendations on how to avoid these occupational hazards, such as engineering controls, the use of Personal Protective Equipment (PPE), exposure monitoring, medical surveillance and training on the OSHA Hazard Communication and PPE standards. OSHA also recommends that employers perform an inspection of the worksite to identify additional hazards, such as excessive noise, static electricity, confined spaces, heat exposure and fall hazards. The guidance also encourages employers to research each of the discussed hazards, as well as understand the suggested preventative measures and the abatement that has been detailed in the guidance. Although these guidelines are designed specifically for shipyard employment, OSHA hopes that employers with similar work environments will also find this information useful. Under the Occupational Safety and Health Act of 1970, employers are responsible for providing a safe and healthful workplace for their employees. OSHA’s role is to assure the safety and health of America’s working men and women by setting and enforcing standards; providing training, outreach, and education; establishing partnerships; and encouraging continual process improvement in workplace safety and health. For more information, visit the OSHA website. ### -------------------------------------------------------------------------------- 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, audio tape or disc) from the COAST office. Please specify which news release when placing your request. Call 202-693-7773 or TTY 202-693-7755.

Drake says Congress aims for stability in ship repair industry

January 02, 2007 By JON W. GLASS, The Virginian-Pilot © December 20, 2006 PORTSMOUTH -- Congress is working to bring stability to the ship repair industry, a critical link in the nation's defense, said U.S. Rep. Thelma Drake, R-2nd District. Speaking to the Virginia Ship Repair Association on Tuesday, Drake called workers in the local shipyards a "national treasure to America" and said the country "can't afford to lose" them. "We're serious about maintenance on our Navy ships," said Drake, re-elected last month to a second two-year term. The Navy is the biggest customer for most of the shipyards lining the Elizabeth River waterfront, and that work in the past has often been feast or famine. "It's one of the first things I recognized," Drake said. "We seem to have you in these cycles." A move by the Navy to begin awarding multiyear, multiship contracts that offer shipyards steadier work and a chance to partner with each other has shown initial promise for smoothing those cycles. Drake said Congress is pushing the Navy to do more. In the fiscal year 2007 defense spending bill passed in September, Congress approved language requiring the Navy to issue annual reports outlining its plan to keep ships operational and maintained, Drake said. Because of a steady decline in the fleet's size in the past 20 years, she said, the Navy too often has to defer maintenance on ships to keep them deployed. A potential longer-term worry for local shipyards is the planned retirement of the conventional-powered aircraft carrier John F. Kennedy, homeported in Mayport, Fla. It's unlikely the Navy will want to spend money upgrading the Florida port to handle one of the Norfolk-based nuclear carriers, but it may be willing to move some of the region's large-deck amphibious ships there, Drake said. That could affect local shipyards, which now maintain those ships under the Navy's new multiship contracts. "I'm not saying that's going to happen, but it would be much easier to do" than move a nuclear-powered carrier to Florida, Drake said. "We don't want to lose any of them." Reach Jon W. Glass call (757) 446-2318 or at jon.glass@pilotonline.com.

OSHA Unveils New Hurricane Recovery & Response eMatrix

December 20, 2006 Contact: Elaine Fraser of the Occupational Safety and Health Administration, 202-693-1999 WASHINGTON, Dec. 14 /U.S. Newswire/ -- Employers and employees involved in hurricane cleanup and recovery efforts will benefit from a new Web-based resource, Hurricane eMatrix: Hazard Exposure and Risk Assessment Matrix for Hurricane Response and Recovery Work, unveiled today by the Occupational Safety and Health Administration. "This is an important new tool to help educate employees and employers on how to address the most common and significant hazards that they may encounter during hurricane response and recovery work," said Assistant Secretary of Labor for Occupational Safety and Health Edwin G. Foulke Jr. "It provides practical information to employers so they can better assess risks and choose the appropriate control measures, work practices, personal protective equipment and training to protect their employees working in hurricane-impacted areas." Response and recovery work encompasses a wide range of specific tasks and operations that can present serious occupational safety and health hazards to employees. The Hurricane eMatrix is a tool that incorporates occupational hazards information, observations, recommendations and data that OSHA gathered and distributed during its response effort to hurricanes Katrina, Rita and Wilma. The eMatrix offers users access to general recommendations, sampling and monitoring data, and employer/employee responsibilities applicable for any employers conducting response and recovery operations after a disaster. It also features 29 individual task- and operation-specific activity sheets that help employers evaluate hazards and provides guidance on reducing employee exposures during disaster operations like debris collection, tree trimming, utility restoration, building demolition and others. Under the Occupational Safety and Health Act of 1970, employers are responsible for providing a safe and healthful workplace for their employees. OSHA's role is to assure the safety and health of America's working men and women by setting and enforcing standards; providing training, outreach, and education; establishing partnerships; and encouraging continual process improvement in workplace safety and health. For more information, visit the OSHA website.

FY-08 Standard Items and Appendix 4-E Posted

December 20, 2006 The SSRAC Final Report FY-08 announces the SSRAC website posting of the FY-08 NAVSEA Standard Items and Appendix 4-E to the SOM. The letter states that the FY-08 Standard Items shall be invoked for all CNO availabilities with an availability start date in FY-08 and in all other (CMAV and emergent) new procurements issued after 1 April 2007. Please read the attached letter and visit the SSRAC website and follow the "What's New" link to view/download the items. Recommend you clear your browser cache and/or refresh the page if you do not see the update. SSRAC Coordinators are responsible for advising users within their respective activities and MSR contractors under their cognizance of the availability of these products. The requirements of this letter do not authorize any change in terms, conditions, delivery schedule, price, or amount of any existing Government contract. Linda D. Mayle Asst NAVSEA SSRAC Coordinator SERMC Business Office/Standards Coordinator Ph: 904-270-5593 FAX: 904-270-5729 linda.mayle@navy.mil

Change TWO (CH-2) to FY-07 Standard Items posted

December 20, 2006 In accordance with NAVSEA's letter (FY-07 Standard Items Change 2 Posting), Change Two (CH-2) to the FY-07 NAVSEA Standard Items has been posted on the SSRAC website. I recommend you clear your browser cache and/or refresh the page if you do not see the update. The requirements of this letter do not authorize any change in terms, conditions, delivery schedule, price, or amount of any existing Government contract. Linda D. Mayle Asst NAVSEA SSRAC Coordinator SERMC Business Office/Standards Coordinator Ph: 904-270-5593 FAX: 904-270-5729 linda.mayle@navy.mil