Welcome to the April 2005 E-zine. We hope you like this experiment with a bullet-point format. Please let us know what you think of it. We will continue to produce "white papers" on occupational safety and health issues, but instead of publishing them in the E-zine first we will announce them here and post them on our Articles page.

• Fed/OSHA After 35 Years

  We recently attended the American Bar Association’s OSHA Committee meeting in Key West. Here are some of the highlights from the presentations:

  A review of Fed/OSHA citations revealed a surprise: No significant health enforcement. Fed/OSHA citations have tended to be written for program elements, not exposures.

  An example: Although the number of health inspections has remained constant over the past 15 years at 20% of the total number of inspections, the number of time-weighted average (TWA) samples taken and over-exposures cited by Fed/OSHA has declined by 60%. This will change, said Richard Fairfax, Director, Directorate of Fed/OSHA’s Enforcement Programs, and the emphasis to begin with will be on silica.

  With that in mind, Jonathan Snare, Acting Asst. Sec’y of Labor for OSHA, and Howard Radzely, Solicitor, US Dept of Labor, announced that this year Enforcement will emphasize silica, lead exposures, amputations, trenching and fruit and vegetable processing. Fed/OSHA's compliance budget request for FY 2005-2006 is $467M.

  Criminal actions will also be up, thanks due no doubt to the New York Times. In a series of front-page articles last year the Times bashed Fed/OSHA for failing to push criminal prosecutions in death cases. In 2004, Fed/OSHA only investigated 113 fatalities. Which state program was held up by the Times as the model for all to follow? Cal/OSHA, of course.

  Fed/OSHA's criminal investigation goals this year are to top 2004's number, and to prosecute more whistleblower claims. Federal criminal investigators will shift their focus from immediate supervisors to farther up the corporate tree, where policy is set.

  A so-called "Fatality Directive" has been sent to Fed/OSHA’s regional offices providing detailed instructions on how death cases are to be investigated. In addition, the Department of Labor’s lawyers gave three 2-week courses on investigation techniques to senior inspectors last year.

  Fed/OSHA is also looking to the global economy. Work is beginning on ways to coordinate American safety regulations with international standards such as ISO, OSHSAS 18001 and "Six Sigma".

  State plan representatives reported that budget constraints are eating into enforcement. Therefore, more states are looking for ways to increase "outreach" to undereducated employers.

  Finally, we heard from Max Kiefer, the Dept. of Homeland Security’s Director of Safety and Environmental Problems. They reduced significant lead exposures at their shooting ranges by developing a new frangible "green" bullet which disintegrates into a harmless powder on impact. It’s called BallistiClean. He reports that agents still prefer to use lead for field work. Be careful out there...

• Meanwhile, back in California...

  Silica Again: The renewed interest in silica is being felt here as well as on the federal stage. Cal/OSHA has proposed that the Standards Board reduce the current TLV of .05 mg to .01 mg. Concrete and drywall contractors and foundry operators should take special note to review their procedures.

  Contractors take further note: Rumor is that with asbestos litigation drying up, personal injury and workers’ comp attorneys and their doctors are acting together to screen union halls for silicosis victims.

  At last, some good news: Workers’ compensation reform is working. The Division of Workers’ Compensation (DWC) reports that disputed claims were down in January 2005 by 37% when compared to 2003. Insurance rates dropped 16% in the 4th quarter of 2004 as compared to the year before.