OSHA News Blog | The OSHA Updater

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OSHA has updated with hazard alert to hair salon owners after new agency investigations, an FDA warning and incorrect material safety data sheets were sent to hair salons.  The products under question are the Brazilian Blowout Acai Professional Smoothing Solution and Brasil Cacau Cadiveu which can release high amounts of formaldehyde during normal use.

Download OSHA's Letter Here

WASHINGTON – The U.S. Department of Labor's Occupational Safety and Health Administration has issued a revised hazard alert to hair salon owners and workers about potential formaldehyde exposure from working with certain hair smoothing and straightening products. The revised alert was prompted by the results of agency investigations, a warning letter issued by the U.S. Food and Drug Administration and factually incorrect information recently sent to salons by a company that manufactures hair products. OSHA's updated alert can be viewed at http://www.osha.gov/SLTC/formaldehyde/hazard_alert.html.

During recent investigations, OSHA's air tests showed formaldehyde at hazardous levels in salons using Brazilian Blowout Acai Professional Smoothing Solution and Brasil Cacau Cadiveu, resulting in citations for multiple violations. OSHA found that workers were exposed to formaldehyde in these salons at levels higher than the agency's protective limits. OSHA also cited two manufacturers and two distributors of hair smoothing products for violations that included failing to list formaldehyde on product labels as well as on accompanying hazard warning sheets, known as material safety data sheets, that are provided to the products' users.

The FDA issued a warning letter on Aug. 22 to the importer and distributer of Brazilian Blowout Acai Professional Smoothing Solution stating that the product is adulterated and misbranded. Although the solution contains methylene glycol, which can release formaldehyde during the normal conditions of use, the product is labeled "formaldehyde free" or "no formaldehyde" and does not list formaldehyde on the material safety data sheet.

Following an Aug. 24 letter sent by Brazilian Blowout to salon owners claiming that all OSHA air tests performed on the company's Brazilian Blowout Professional Acai Smoothing Solution yielded results below OSHA's standard for exposure, the agency sent a letter today to the company refuting that assertion. OSHA's letter can be viewed at http://www.easysafetyschool.com/public/pdf/brazilian_blowout_letter.pdf.

"Misleading or inadequate information on hazardous product labels is unacceptable," said OSHA Assistant Secretary Dr. David Michaels. "Salon owners and workers have the right to know the risks associated with the chemicals with which they work and how to protect themselves."

Formaldehyde can irritate the eyes and nose; cause allergic reactions of the skin, eyes and lungs; and is a cancer hazard. The revised hazard alert notifies salons that if they use products that contain or release formaldehyde, they must follow the requirements in OSHA's formaldehyde standard at 29 Code of Federal Regulations 1910.1048. OSHA further requires manufacturers, importers and distributors of products that contain formaldehyde as a gas or in solution, or that can release formaldehyde during use, to include information about formaldehyde and its hazards on product labels and in the material safety data sheets. The alert also now includes details about the information that is required to be listed on the labels and the material safety data sheets of products that contain or could release formaldehyde. OSHA's formaldehyde standard can be viewed at http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=10075.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

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Nail gun related injuries are incredibly common -- accounting for +/- 37,000 visits to the emergency room last year.  In an attempt to reduce this number, a new document from NIOSH and OSHA has been released which targets nail gun safety in the workplace.  Read the full article below...

Download the Nail Gun Handbook

WASHINGTON – The Occupational Safety and Health Administration (OSHA) and the National Institute for Occupational Safety and Health (NIOSH) have developed new guidance, Nail Gun Safety – A Guide for Construction Contractors*, to help construction employers and workers prevent work-related nail gun injuries.

"Nail gun injuries are responsible for approximately 37,000 emergency room visits annually. In some cases, workers have died from their injuries," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "This document will help construction employers make necessary changes to improve nail gun safety and protect their workers from preventable injuries and death."

"NIOSH is pleased to partner with OSHA in presenting effective, evidence-based guidance for safer nail gun use," said NIOSH Director John Howard, M.D.

Construction workers, particularly those in residential construction, use nail guns nearly every day. Although this tool is easy to operate and increases productivity, there have been reports of internal and external bodily injuries. These injuries occur as a result of unintended nail discharge; nails that bounce off a hard surface or miss the work piece and become airborne; and disabling the gun's safety features, among other causes. Injury prevention is possible if contractors take steps such as using full sequential trigger nail guns; establishing nail gun work procedures; and providing workers with personal protective equipment. -- OSHA 30 Hour Training is available at Easy Safety School.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov. NIOSH is the federal agency that conducts research and makes recommendations for preventing work-related injuries, illnesses, and deaths. More information can be found at www.cdc.gov/niosh.

Get OSHA 30 hour training online at Easy Safety School -- OSHA's new directive will establish uniform procedures for responding to complaints and incidents of violence in the workplace.  Also, inspections will be help for industries that are at high risk of work related violence.  These include social service work, healthcare and late-night retail businesses.   Read more about the new directive below.

WASHINGTON – The Occupational Safety and Health Administration today issued a directive on Enforcement Procedures for Investigating or Inspecting Incidents of Workplace Violence. The directive establishes uniform procedures for OSHA field staff for responding to incidents and complaints of workplace violence and conducting inspections in industries considered vulnerable to workplace violence, such as healthcare and social service settings, and late-night retail establishments.

Workplace violence is a serious recognized occupational hazard, ranking among the top four causes of death in workplaces during the past 15 years. More than 3,000 people died from workplace homicide between 2006 and 2010, according to the Bureau of Labor Statistics (BLS). Additional BLS data indicate that an average of more than 15,000 nonfatal workplace injury cases was reported annually during this time.

A recent OSHA inspection of a Maine psychiatric hospital found more than 90 instances in which workers were assaulted on the job by patients from 2008 through 2010. The hospital was cited for not providing its workers with adequate safeguards against workplace violence and a fine of more than $6,000 was proposed. OSHA has also recently cited facilities in New York and Massachusetts where employees have been killed as a result of assaults.

"These incidents and others like them can be avoided or decreased if employers take appropriate precautions to protect their workers," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "We have accompanied this directive with a new Web page on Preventing Workplace Violence to help employers address workplace violence issues."

Studies by the National Institute for Occupational Safety and Health and other organizations show that employers who implement effective safety measures can reduce the incidence of workplace violence. These measures include training employees on workplace violence, encouraging employees to report assaults or threats, and conducting workplace violence hazard analyses. Other methods such as using entrance door detectors or buzzer systems in retail establishments, and providing adequately trained staff, alarms and employee "safe rooms" for use during emergencies in healthcare settings can help minimize risk.

OSHA has launched a new Web page on Preventing Workplace Violence and has published several workplace violence guidance documents including Recommendations for Workplace Violence Prevention Programs in Late-Night Retail Establishments* and Guidelines for Preventing Workplace Violence for Health Care and Social Service Workers.*

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, http://www.osha.gov.

A whistleblower is a person who exposes wrongdoing or faults within an organization in the hope of stopping or preventing it.  OSHA has been working on new ways to protect whistleblowers from punishment or unlawful termination from their jobs.

Download OSHA's new Whistleblower Investigations Manual

WASHINGTON – In a continuing effort to improve the Whistleblower Protection Program, the U.S. Department of Labor's Occupational Safety and Health Administration today announced that it is implementing additional measures to strengthen the program and is releasing an internal report detailing a recent top-to-bottom review of the program. OSHA enforces the whistleblower provisions of 21 statutes protecting employees who report violations of various workplace safety, airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health care reform, nuclear, pipeline, public transportation agency, railroad, maritime and securities laws.

"The ability of workers to speak out and exercise their legal rights without fear of retaliation is crucial to many of the legal protections and safeguards that all Americans value," said OSHA Assistant Secretary Dr. David Michaels. "The new measures will significantly strengthen OSHA's enforcement of the 21 whistleblower laws that Congress charged OSHA with administering."

The Government Accountability Office audited OSHA's whistleblower program in 2009 and 2010, highlighting challenges related to transparency and accountability, training for investigators and managers, and the internal communications and audit program. OSHA also conducted an internal review that examined national and regional program structures, operational procedures, investigative processes, budget, equipment and personnel issues.

"OSHA is committed to correcting the issues brought to light by the GAO report and our own review," said Dr. Michaels.

The significant changes to the Whistleblower Protection Program announced by OSHA include:

Restructuring
OSHA's Whistleblower Protection Program will report directly to the assistant secretary instead of being housed in the Directorate of Enforcement. In addition, changes in field structure are currently being pilot tested. Commencing with its fiscal 2012 budget, OSHA established a separate line item for the whistleblower program to better track and hold accountable its activities and accomplishments. These changes, in addition to the 25 new investigators added, should significantly improve the administration and stature of the program.

Training 
OSHA will hold a national whistleblower training conference in September which will be attended by all whistleblower investigators from both federal and state plans, as well as by Labor Department solicitors who work on whistleblower cases. In addition, OSHA will offer several other investigator training events, and will strive to ensure that all investigators and supervisors who have not received the mandatory training courses will receive them by the end of the calendar year. -- Online OSHA Outreach training is available at easysafetyschool.com

Program Policy
OSHA revised and will soon issue a new edition of the Whistleblower Investigations Manual that updates current procedures and includes information on the new laws enacted since the manual was last updated in 2003. This new manual will provide further guidance on the enforcement program to help ensure consistency and quality of investigations.

Internal Systems
The data collection system has been modified and the audit program is being strengthened and expanded to ensure that complaints are properly handled on a timely basis.

A copy of OSHA's internal review report is available at: http://www.whistleblowers.gov/report_summary_page.html

The whistleblower provision laws enacted by Congress prohibit employers from retaliating against employees who raise various protected concerns or provide protected information to the employer or to the government. Employees who believe they have been retaliated against for engaging in protected conduct may file a complaint with the secretary of labor for an investigation by the Whistleblower Protection Program. Detailed information on employee whistleblower rights, including fact sheets, is available online at:http://www.whistleblowers.gov.

The 21 whistleblower statutes enforced by OSHA include: Section 11(c) of the Occupational Safety and Health Act; Asbestos Hazard Emergency Response Act; International Safe Container Act; Surface Transportation Assistance Act; Clean Air Act; Comprehensive Environmental Response, Compensation and Liability Act; Federal Water Pollution Control Act; Safe Drinking Water Act; Solid Waste Disposal Act; Toxic Substances Control Act; Energy Reorganization Act; Wendell H. Ford Aviation Investment and Reform Act for the 21st Century; Corporate and Criminal Fraud Accountability Act, Title VIII of the Sarbanes-Oxley Act; Pipeline Safety Improvement Act; Federal Railroad Safety Act; National Transit Systems Security Act; Consumer Product Safety Improvement Act; Affordable Care Act; Consumer Financial Protection Act of 2010, Section 1057 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010; Seaman's Protection Act, as amended by Section 611 of the Coast Guard Authorization Act of 2010; and the Food and Drug Administration's Food Safety Modernization Act.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

Check out this article from OSHA.gov.  It talks about OSHA's Site-Specific Targeting (SST) program in which OSHA will direct more attention to enforcing safety in high-hazard workplaces.  This year the minimum number of employees required to warrant an inspection under the SST program has decreased from 40 to 20.  OSHA will also be evaluating the program's effectiveness and impact on future compliance issues and OSHA standards.  Here is the article:

WASHINGTON – The U.S. Department of Labor's Occupational Safety and Health Administration issued its annual inspection plan under the Site-Specific Targeting* 2011 (SST-11) program to help the agency direct enforcement resources to high-hazard workplaces where the highest rates of injuries and illnesses occur.

The SST program is OSHA's main programmed inspection plan for non-construction workplaces that have 20 or more workers. High-hazard workplaces identified in the SST program reported above-average work-related injury and illness rates, based on data collected from a 2010 OSHA Data Initiative survey of 80,000 larger establishments in selected high-hazard industries. Establishments are randomly selected for inspection from a primary list of 3,700 manufacturing, non-manufacturing, and nursing and personal care facilities.

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"By focusing our inspection resources on employers in high hazard industries who endanger their employees, we can prevent injuries and illnesses and save lives," said Assistant Secretary of Labor for OSHA David Michaels. "Through the SST program we examine all major aspects of these operations to determine the effectiveness of their safety and health efforts."

Two changes have been made to this year's SST program. In 2010, only those establishments in the selected industries with 40 or more employees were subject to inspections under the SST plan; this year, that number has been reduced to 20 or more. An evaluation study measuring the program's impact on future compliance with OSHA standards has also been introduced for the 2011 program.

In addition to the SST program, OSHA implements both national and local emphasis inspection programs to target high-risk hazards and industries. OSHA currently has 14 National Emphasis Programs that intensify inspections related to amputations, lead, crystalline silica, shipbreaking, trenching/excavations, petroleum refinery process safety management, process safety management covered chemical facilities, hexavalent chromium, diacetyl, recordkeeping, federal agencies, air traffic control tower monitoring, primary metals and combustible dust. OSHA also has approximately 140 Regional and Local Emphasis Programs (REPs and LEPs).

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to assure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance.