Employers who expose their workers to serious safety and health hazards and who continue to defy worker safety and health regulations, will be subject to an enhanced enforcement policy that Secretary of Labor Elaine L. Chao is unveiling today.

"The majority of employers in our country consider the health and safety of their workers a priority and strive to do their utmost to ensure their well being," said Chao. "Still, there are those who, despite OSHA's enforcement and outreach efforts, continually disregard their very basic obligations under the Occupational Safety and Health Act. This enhanced enforcement policy is meant for them."

OSHA's Enhanced Enforcement Policy will focus on those employers who have received "high gravity" citations. High gravity citations are issued when an employer's violations are considered to be at the highest level of severity.

The policy focuses on five specific areas that will be strengthened: (1) follow-up inspections; (2) programmed inspections; (3) public awareness; (4) settlements; and (5) federal court enforcement. This initiative impacts establishments that received OSHA citations with the highest severity of willful violations, multiple serious violations at the highest level of severity, repeat violations at the originating establishment, failure-to-abate notices, or a serious or willful violation associated with a fatality.

Source: Occupational Safety and Health Administration

Superintendent Gregory V. Serio announced the adoption of amendments that will prohibit insurers from issuing terrorism insurance policies that contain provisions that penalize businesses by charging for full policy term premium upon cancellation prior to policy expiration.

The practice of collecting unearned premiums unjustly enriches such insurers and is contrary to Terrorism Risk Insurance Act’s (TRIA) goal of making coverage more affordable. Treating premiums as fully earned upon policy issuance violates fundamental insurance premium recognition rules, which generally provide that a policy premium is earned evenly over the entire policy period. In addition, this approach is inconsistent with rating rules filed and approved by the Department for the types of insurance business covered by these amendments.

Source: State of New York

About 155 people die every year from being caught in, crushed by, or otherwise fatally injured from hazardous contact on the job with heavy industrial machinery. The National Institute for Occupational Safety and Health (NIOSH) is leading a project with diverse business, labor, and insurance industry partners to evaluate the effectiveness of an American National Standards Institute (ANSI) voluntary guideline to prevent such injuries.

The ANSI guideline, ANSI B11 TR3, describes a strategic process for employers to use in assessing the risk of such injuries in their workplaces. By performing such an assessment, companies can determine where best to focus efforts to reduce those risks. The ANSI guideline tailors the concepts of an international voluntary standard, ISO 14121, to the U.S. workplace. The new procedure is expected to be particularly effective for reducing risks during machine maintenance tasks.

The NIOSH-led study will compare operations involving two similar machines within several companies. In one setting, the ANSI TR3 process will be adopted. The matched operation will continue to follow traditional safety practices. Where the ANSI TR3 process is implemented, existing safety controls, machine guards, and other safety devices, practices, and programs are assessed beforehand.

Results of the study will help employers assess the effectiveness of the ANSI guideline in practice, and will help them decide whether to invest in new procedures with assurance that the changes are likely to improve safety in their workplaces.

Source: National Institute for Occupational Safety and Health

Background

In order to better inform the public on what a dirty bomb is and what terrorists might intend to try to accomplish in setting off such a weapon, the following information is provided. Given the scores of exercises–federal, state and local–being staged to assure that all emergency response organizations are properly equipped, trained and exercised to respond to terrorist chemical, biological or radiological attack, we believe members of the public, as well as news organizations, will value some concise, straightforward information.

Basically, the principal type of dirty bomb, or Radiological Dispersal Device (RDD), combines a conventional explosive, such as dynamite, with radioactive material. In most instances, the conventional explosive itself would have more immediate lethality than the radioactive material. At the levels created by most probable sources, not enough radiation would be present in a dirty bomb to kill people or cause severe illness. For example, most radioactive material employed in hospitals for diagnosis or treatment of cancer is sufficiently benign that about 100,000 patients a day are released with this material in their bodies.

However, certain other radioactive materials, dispersed in the air, could contaminate up to several city blocks, creating fear and possibly panic and requiring potentially costly cleanup. Prompt, accurate, non-emotional public information might prevent the panic sought by terrorists.

A second type of RDD might involve a powerful radioactive source hidden in a public place, such as a trash receptacle in a busy train or subway station, where people passing close to the source might get a significant dose of radiation.

A dirty bomb is in no way similar to a nuclear weapon. The presumed purpose of its use would be therefore not as a Weapon of Mass Destruction but rather as a Weapon of Mass Disruption.

Impact of a Dirty Bomb

The extent of local contamination would depend on a number of factors, including the size of the explosive, the amount and type of radioactive material used, and weather conditions. Prompt detectability of the kind of radioactive material employed would greatly assist local authorities in advising the community on protective measures, such as quickly leaving the immediate area, or going inside until being further advised. Subsequent decontamination of the affected area could involve considerable time and expense.

Sources of Radioactive Material

Radioactive materials are widely used at hospitals, research facilities, industrial and construction sites. These radioactive materials are used for such purposes as in diagnosing and treating illnesses, sterilizing equipment, and inspecting welding seams. For example, the Nuclear Regulatory Commission, together with 32 states which regulate radioactive material, have over 21,000 organizations licensed to use such materials. The vast majority of these sources are not useful for constructing an RDD.

Control of Radioactive Material

NRC and state regulations require licensees to secure radioactive material from theft and unauthorized access. These measures have been stiffened since the attacks of September 11, 2001. Licensees must promptly report lost or stolen material. Local authorities make a determined effort to find and retrieve such sources. Most reports of lost or stolen material involve small or short-lived radioactive sources not useful for an RDD.

Past experience suggests there has not been a pattern of collecting such sources for the purpose of assembling a dirty bomb. Only one high-risk radioactive source has not been recovered in the last five years in the United States. However, this source (Iridium-192) would no longer be considered a high-risk source because much of the radioactivity has decayed away since it was reported stolen in 1999. In fact, the combined total of all unrecovered sources over a 5-year time span would barely reach the threshold for one high-risk radioactive source. Unfortunately, the same cannot be said world-wide. The U.S. Government is working to strengthen controls on high-risk radioactive sources both at home and abroad.

What People Should Do Following an Explosion

• Move away from the immediate area--at least several blocks from the explosion--and go inside. This will reduce exposure to any radioactive airborne dust.
  
  
• Turn on local radio or TV channels for advisories from emergency response and health authorities.
  
  
• If facilities are available, remove clothes and place them in a sealed plastic bag. Saving contaminated clothing will allow testing for radiation exposure.
  
  
• Take a shower to wash off dust and dirt. This will reduce total radiation exposure, if the explosive device contained radioactive material.
  
  
• If radioactive material was released, local news broadcasts will advise people where to report for radiation monitoring and blood and other tests to determine whether they were in fact exposed and what steps to take to protect their health.

Risk of Cancer

Just because a person is near a radioactive source for a short time or gets a small amount of radioactive dust on himself or herself does not mean he or she will get cancer. The additional risk will likely be very small. Doctors will be able to assess the risks and suggest mitigating measures once the radioactive source and exposure level have been determined.

It should be noted that Potassium Iodide (KI) would not be protective except in the very unlikely event that the dirty bomb contained radioactive iodine isotopes in large quantities. Radioactive iodine isotopes are not particularly attractive for use in an RDD for a variety of technical reasons. KI only protects the thyroid from radioactive iodine, but offers no protection to other parts of the body or against other radioactive isotopes.

Source: Nuclear Regulatory Commission

Superintendent Gregory V. Serio today announced the Top 10 list of worst cases of insurance fraud in New York State during 2002. These ‘Rotten Apples’ were part of over 1,200 new cases investigated by the Department’s Frauds Bureau.

Worst among the offenders was a woman who claimed her ex-husband had been killed in the World Trade Center tragedy in order to collect on a life insurance policy. The investigation revealed that her ex-husband was alive and unaware of his ex-wife’s activities.

Another case involved a woman working for Blue Cross Blue Shield collecting money by fraudulently using the names of her family members on insurance claims. In another high profile case, in what is believed to be the largest ongoing investigation of insurance fraud in the State, the president, the vice-president and co-owner, and the general manager of a Suffolk County auto body shop were arrested for enhancing damages in order to jack up insurance claims.

I Do & I Do (Again) -Following the work-related death of her husband in 1980, a Long Island woman became the beneficiary of his workers’ compensation benefits, provided she did not remarry. On numerous occasions during the benefit period, she submitted written statements to the State Insurance Fund maintaining her single status. However, an investigation turned up evidence that she had remarried in 1990 and subsequently received nearly $110,500 in benefits under false pretensions.

More cases can be found at: http://www.ins.state.ny.us/p0303101.htm

Source: State of New York

Atlanta – Insurance Commissioner John W. Oxendine has ordered four companies which are part of UnumProvident Corp. to pay a monetary penalty totaling $1 million. The penalty is an initial response by Oxendine to his ongoing investigation of Unum’s claimshandling practices in Georgia.

The companies include Unum Life Insurance Company of America, The Paul Revere Life Insurance Company, Provident Life and Accident Insurance Company, and Provident Life and Casualty Company.

Oxendine said that in addition to the fine, the companies will be required to make changes to their claims handling practices and will be placed on probation for two years. During the period of probation Oxendine’s office will continue to investigate Unum’s claims handling practices, inc luding quarterly reviews of Georgia claims that are denied by the companies.

Source: State of Georgia

AUSTIN - All licensed Texas property and casualty insurance agencies can now become authorized to represent the state's new market of last resort for homeowners insurance.

The Texas FAIR (Fair Access to Insurance Requirements) plan opened for business in December 2002 as a safety net for Texas consumers having difficulty obtaining homeowners insurance.

Insurance agencies were given access to the plan in phases, starting with 450 agencies in December. By March, the count was up to about 1,300 agencies. Now, in the final stage of the phase-in, the plan is available to any licensed property and casualty insurance agency that wishes to make the FAIR plan available to its customers who meet the plan's eligibility criteria.

Currently, the FAIR Plan writes only a limited homeowners policy (HO-A) that does not include coverage for water damage. However, the FAIR plan intends to expand its coverages to include condominium and tenant policies before June 1, 2003

Source: State of Texas

The Florida Financial Services Commission, made up of the governor and Cabinet, today unanimously approved the appointment of Kevin McCarty as director of the Office of Insurance Regulation (OIR). As director, he will be responsible for regulation of all insurance companies and risk-bearing entities, including licensing, rates, policy forms, market conduct, adjusters, issuance of certificates of authority, solvency, viatical settlements and premium financing.

McCarty, who previously served as Deputy Insurance Commissioner, has more than ten years of experience in insurance regulation. McCarty has also served as Deputy Director of the Division of Insurer Services, under the Department of Insurance, and was an analyst for the Department of Labor and Employment Security, providing expertise in the area of workers’ compensation law. McCarty holds a law degree from the University of Florida (1986) and recently served on the Governor’s Commission on Workers’ Compensation Reform.

Source: State of Florida

Recent workplace safety and health inspections have found workers exposed to isocyanates while spraying on truck bed lining. Workers’ compensation claims for asthma related to spray-on truck bed liners have resulted. This alert provides information to you – the employer – and your employees on the hazards and the need for effective control of the hazards. Due to the seriousness of the hazard, the Department of Labor and Industries, WISHA Services, is focusing enforcement in companies that apply spray-on bed linings. Companies may be fined for violations of WISHA workplace safety rules.

Isocyanates are a group of very reactive and toxic compounds used to make urethane, polyurethane or polyurea coatings. Spray-on truck bed liners, automotive paints and rigid foams are examples of materials that are based on isocyanates.

Protective linings are applied to truck beds using a spray application process. All spray-on truck bed lining involves mixing two-part urethane components and spraying the polymerizing urethane onto a cleaned and scuffed truck bed.

Source: State of Washington

The question was posed of whether there is a specific height required for guarding of the mast on forklifts and whether the general machine guarding standard could be applied to guarding the mast on forklifts.

OAR 437-002-1910.178 covers the subject of preventing employee contact with dangerous parts of forklift masts in two places. There is very vague guidance in 1910.178(m)(4) and more specifically related to lifting workers in 437-002-0227(4)(f).

Neither of these citations provides a specific height for the guards and for good reason. The Machine Guarding standard should not be relied on for guidance for three reasons. First, that standard was never intended to apply to vehicles. There are several other standards that cover vehicles. Second, 1910.178 covers the subject of protecting employees from mast-related hazards in two places. If a fixed requirement was appropriate it would be found there. Third, the only applicable reference to a 7 foot height in Machine Guarding is clearly applicable only to blades (1910.212(a)(5)).

Likewise, ANSI B56.1 does not offer a specific height requirement. It also requires protection at the usual working position. There is no support in the ANSI standard for a specific height for the guarding because that height presumes a single, given work position.

The objective of the rule is not to require ubiquitous guards but to prevent employee injury. Some forklifts might require no guard while others might require a guard of a certain height and others a guard of another height, etc. The acceptable guard is the one, of whatever design, that prevents employee contact with the hazardous points when they are in their usual work position.

Source: State of Oregon