VSRA News

 SMITHFIELD - Robert “Kip” Hinkle, beloved father, husband, friend and captain died Thursday, June 10, 2010. He was born May 23, 1950 in Orangeburg, S.C. He spent his career in   the maritime industry. He was assistant general manager of Virginia Intermodal Management, past president and current chairman of the Board of the Virginia Maritime Association and a director on the Board of the Hampton Roads Shipping Association.

   Kip’s passions in life involved anything on the water, especially fishing and captaining his boat The Palmetto along with his three best girls: wife, Laura Lee and daughters, Lillie and Ellie. Also left to cherish his memory are his mother, Donna Carter; father and mother-in-law, Lawrence and Katie Lee Ashmore; sisters, Brenna Broadway (Chuck) and Donna Leigh Hildebrand (Doug); brothers and sistersin-law, Doug Ashmore (Cathy) and James Ashmore (Susan); many nieces and nephews.   

   Kip was a true Southern gentleman known for his sweet and gentle nature. He was a patient, loving soul who enjoyed working with his hands and learning to play his guitars.     The family would like to express appreciation to Karen Bornstein, R.N., and Dr. Robert Fisher at the Medical College of Virginia. 

    A celebration of Kip’s life will be held at 2 p.m. Monday, June 14, at Smithfield Baptist Church, with the Rev. Gary Barker and the Rev. Tim Lipp officiating. The family will receive friends following the service and at a reception from 3 to 5 p.m. Monday at Gatling Point Yacht Club.  

OSHA’s Proposed Injury and Illness Prevention Program
The agency has begun efforts to develop a safety and health program standard through their proposed “Injury and Illness Prevention Program” (I2P2.)  Attached please find an overview by Larry Halprin of the law firm Keller and Heckman, which he recently presented at a Small Business Administration Roundtable on OSHA issues. This proposal would grant the agency a considerable amount of intervention in workplaces and can serve as a way to sidestep Congressional hurdles to regulate ergonomics.

There will be an OSHA public meeting on the issue on June 29th in Washington, D.C. The Department of Labor will be holding similar outreach meetings in East Brunswick, New Jersey on June 3rd and in Dallas, Texas on June 10th. SCA is part of a group that will be submitting comments, and I will send them to the group when they are available.

Proposed OSHA Regulations on Walking-Working Surfaces
The agency has also proposed a lengthy new NPRM on walk-working surfaces aimed at addressing workplace slips, trips and falls. Comments on this proposed rulemaking are to be submitted to OSHA by August 23, 2010. One significant aspect of the proposal is that it would allow OSHA to fine employers who let workers climb certain ladders without fall protection as well as requiring “new technology” to address potential workplace hazards as identified by the agency.

There are several areas covered in this broad proposal are extensive updates to existing standards including:

·         Scaffold standards;

·         Requirements for guardrail, safety net, and personal fall protection systems;

·         Requirements for portable and fixed ladders;

·         Requirements for employee training and retraining, among many other provisions.

To read the agency’s release on the proposal click here <http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=NEWS_RELEASES&p_id=17772> . To access the proposal in its entirety click here. <http://edocket.access.gpo.gov/2010/2010-10418.htm

Court Case and Lead-Up
On February 28, 2006, OSHA published its final rule for Occupational Exposure to Hexavalent Chromium (Cr (VI)). A lawsuit challenged the Agency for review of several issues with the standard. The court denied all but one issue, granting review of the employee notification requirements in the standard's exposure determination provisions. In other words, the court mandated that OSHA provide an explanation for its decision to limit employee notification requirements to circumstances in which Cr(VI) exposures exceed the PEL. Consequently, today OSHA proposed a revision of the notification requirements, by means of this Notice of Proposed Rulemaking (NPRM), that would require employers to notify employees of the results of all exposure determinations.

Discussion of Proposed Changes
2006 NPRM Standard (Current Standard) - Paragraph (d) of the Chromium standard (29 CFR 1915.1026) is titled "Exposure Determination'' and requires employers to determine the 8-hour time- weighted-average exposure for each employee exposed to Cr(VI). As originally promulgated, paragraph (d)(4) required the employer to notify affected employees of any exposure determinations indicating exposures in excess of the PEL. The employer can satisfy this requirement either by posting the exposure determination results in an appropriate location accessible to all affected employees or by notifying each affected employee in writing of the results of the exposure determination. Under the general maritime standard, notice has to be provided within 5 work days.

Today's DFR - This revision will require employers notify affected employees of all exposure determinations, irrespective of the results. This broader, proposed notice requirement mirrors similar provisions in OSHA's other substance-specific health standards, for example lead. OSHA is not proposing to change any other requirements in the exposure determination or notification provisions.

OSHA Reasoning
Notifying employees of their exposures arms them with knowledge that can permit and encourage them to be more proactive in working safely to control their own exposures through better work practices and by more actively participating in safety programs. This may be of particular significance for welders, who make up almost half of the employees affected by the chromium standard.

A link to the Federal Register notice can be found here: http://edocket.access.gpo.gov/2010/2010-11586.htm