• May, 2012 - One of the Occupational Safety and Health Administration’s (OSHA’s) most potent enforcement weapons is the willful citation which can carry a monetary penalty up to $70,000 per violation. If OSHA can prove that the willful violation resulted in a fatality, there is potential criminal liability. A willful violation can also impact third party liability litigation if it arose out of an accident involving personal injury, as well as the employer’s business reputation and liability insurance premiums. As a result, no employer would ever wait to receive a willful citation.
• April, 2012 - The OSHA Hazard Communication Standard ("employee right to know") is one of the agency's oldest and most cited regulations. After years of discussion and comment, the regulation has been revised with various compliance obligations extending to 2016. The revised Final Rule was published on March 26, 2012 with an effective date sixty (60) days following publication. The enclosed article discusses the revisions and contains recommendations.
• March, 2012 - Preliminary investigation revealed that upon initial pressurization of the CO2 system in the performance of the engine enclosure CO2 concentration test, the high pressure discharge hoses coming from the CO2 cylinders failed under pressure release.
• October, 2011 - Under the Obama Administration, many federal agencies, including the Occupational Safety and Health Administration ("OSHA") and the United States Environmental Protection Agency ("EPA") have redoubled their efforts to enforce existing laws and regulations. OSHA and EPA, in particular, have seen significant increases in their inspection and enforcement budgets, including the hiring of more inspectors and a call for more inspections. Accordingly, it is more important than ever for companies regulated by these agencies to identify potential compliance gaps and take corrective action before the agency conducts an inspection.
• September, 2011 - Two reason exist for the rapid degassing of Hydrogen cooled generators. The first is an upset condition which could cause an unsafe condition or generator failure if the Hydrogen is not removed. The second is the time savings that can by recognized by reducing the time required to fully purge the generator and refill during an unplanned or planned outage. This new system reduces the time required to less than 20 minutes.
• September, 2011 - This article illustrates a very troubling trend in OSHA inspections, that is, for the agency to attempt to obtain admissions of OSHA violations in employee interviews of hourly employees, as opposed to a Management representative, in which the employer is excluded from the interview by OSHA claiming that the employee is not part of Management, and later to claim that the hourly employee is in fact a "supervisor" and thus the hourly employee's statements constitute binding "admissions" of the employer's legal liability. The article discusses a recent case in which this occurred and that the employer's legal counsel was excluded from the interview at the time because it was an hourly employee and OSHA later claimed the employee was a "supervisor". The article contains recommendations on how to respond to these situations.
• March, 2011 - NERC CIP query draws testy discussion. Do protection plans actually direct an attack? Do federal rules for critical infrastructure protection provide a roadmap for attackers? This provocative question drew a round of disparate responses on an Internet forum. One conclusion seemed to be that those rules need to keep evolving to deter new threats.
• February, 2011 - The effects of solar storms have been the subject of numerous recent studies and analyses, including sophisticated computer simulations, funded by the electric industry and the government. There is much studying of once and future geomagnetic storms and what to do about them. Predicting solar storms appears to be, in the reckoning of one industry veteran, "a crap shoot."
• February, 2011 – OSHA's policy of "regulation by shaming" has potentially troubling implications for companies because companies may lose business as the result of news releases and citations that have not become final orders and which the company is contesting.
• February, 2011 – This advisory bulletin advises owners and operators of petroleum gas and natural gas facilities of the need to take the appropriate steps to prevent damage to pipeline facilities from accumulated snow or ice.
• December 2010 – Federal OSHA has been aggressively enforcing safety and health compliance in those states in which Federal OSHA enforces the occupational safety and health program. Many States have assumed the responsibility to enforce their own occupational safety and health programs. Federal OSHA has conducted reviews of the State plan OSHA state programs' performance and has issued reports that are not only critical of the State plan programs but have made recommendations that the State plan programs become much more aggressive, meaning more inspections, issuance of higher gravity citations (Repeat, Willful) with enhanced monetary penalties. This article discusses this Federal agenda and is instructive for employers who have operations within these State plan states as to what is likely to occur regarding enforcement.
• November 2010 – We have all heard of tragic accidents that have occurred because a driver was distracted by using a cell phone or other communication device while driving. These instances have resulted in civil and criminal liability for the driver and, if the driver was an employee acting in the course of employment, liability for the employer. OSHA has now entered into this liability area and has issued guidance indicating that it will issue citations to employers who require, encourage or condone employees texting while driving. This article illustrates the scope of this new liability and provides recommendations as to how to address this hazard.
• November 2010 – The Chemical Safety Board (CSB) investigated two explosions in the past year in an industrial plant and at a nearly completed power plant. Although the explosions occurred in different industries, the practice of venting natural gas through piping and then releasing the gas into the atmosphere without proper control of the discharged flammable vapors has linked these two fatal incidents. At the conclusion of each of the investigations, the CSB issued urgent safety recommendations to various parties, including the National Fire Protection Association (NFPA). NFPA standards have already addressed one of these incidents, through the issuance of a Tentative Interim Amendment to NFPA 54, National Fuel Gas Code. At the NFPA Standards Council's August, 2010 meeting, the Council concluded that the best and most comprehensive approach to developing standards relating to "gas blowing" and more generally to gas process safety would be to establish a new technical committee, NFPA 56, Standard on Gas Process Safety. The Council believes that this more general approach will help ensure that the subject of gas process safety receives more focused, consistent and comprehensive attention within the NFPA standards development process.
• September 2010 – Because electricity is present in every workplace, employers must focus on this potential hazard every time there is a power outage, equipment servicing and maintenance and modification of equipment and distribution systems. Because of the hazards of working around electricity, particularly when it is necessary to work on an electrical system which is "live," the Occupational Safety and Health Administration (OSHA), has addressed these hazards with a wide variety of regulations.
• September 2010 – The U.S. Consumer Product Safety Commission, announced a voluntary recall of the Char-Broil vertical gas smokers. Consumers should stop using recalled products immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
• August 2010 – Heat is a “recognized” hazard to human safety and health. Its impact on employees ranges from nausea to death, depending upon exposure. OSHA requires employers evaluate whether a heat hazard exists by evaluating the temperature and humidity conditions within the workplace If a heat hazard exists, employers must develop means and methods to protect employees from heat hazards.
• May, 2010 – Recently OSHA has issued several high profile Memoranda relating to several enforcement agendas that will create substantial new liabilities for employers. The enclosed article discusses these new liabilities, including the Severe Violators Enforcement Program (SVEP), changes to the Agency's penalty policies, changing the criteria for issuance of Repeat citations (increasing the potential timeframe for Repeat Citation from three years to five years) and highlighting increased enforcement of OSHA training requirements as it relates to non-English speaking employees.
• April, 2010 - In January 2010, OSHA debuted an eTool - available online at www.osha.gov/SLTC/etools/electric_power/index.html - for employers and qualified workers in the electric power industry. Potential hazards in the industry include arc flash, electric shock, falls and thermal burn hazards.
  The eTool provides a detailed review of parts of OSHA's electric power generation, transmission and distribution standard (29 CFR 1910.269), and information for employers on developing hazard prevention and control methods.
• April, 2010 – It is imperative that employers break the workplace code of silence and foster an open dialogue between management and employees about workplace safety. It is recommended that employers consider taking certain steps to avoid tragedies in the workplace.
• February, 2010 – A Safety Advisory was issued to warn sites about leaking shutoff valves on acetylene cylinders. Acetylene (C2H2) is extremely dangerous because it is easily ignited and burns at a very fast rate.
• February, 2010 – The U.S. Chemical Safety Board (CSB) is set to consider two urgent recommendations that national fuel gas codes be changed to improve safety when gas pipes are being purged (cleared of air) during maintenance or installation of new piping.
• January, 2010 – OSHA COMPLIANCE – "CREATING LEGAL PRIVILEGES FOR COMPANY INVESTIGATIONS AND AUDITS." Under the new Administration, there will be a significant increase in enforcement inspections. Employers can act proactively to assess their compliance liability through audits. In addition, post accident investigations are frequently important tools in determining "root causes" and developing corrective action. Both of these efforts can be conducted by and at the direction of legal counsel and create legal privilege for the documents from disclosure to OSHA or other third parties. This article discusses the scope of the privilege, how to create it and preserve it.
• October, 2009 - After the Rain, Disaster Recovery and Employee Safety by Mark A. Lies II & Elizabeth Leifel Ash of Seyfarth Shaw LLP. The article outlines employers’ obligations to protect employees before, during, and after an emergency and offers recommendations to employers in the following areas: 1) preparing for an emergency; 2) taking action during an emergency; and 3) cleaning up and resuming business after an emergency.
• October, 2009 - Dangers of Purging Gas Piping into Buildings - U.S. Chemical Safety Board (CSB) safety bulletin emphasizes five key lessons to prevent fires and explosions from purging fuel gas into buildings as a result of the finding from the Con Agra explosion and other similar incidents.
• August, 2009 – DEFENDING AGAINST DUPLICATIVE OSHA CITATIONS. "Recently, we have begun to see many instances where employers receive many OSHA citations which appear to allege substantially similar violations, some of which contain separate monetary penalties. In many instances, these citations are properly identified as “duplicative” and should not have been issued and should be vacated. Unfortunately, unless the employer is aware that it can assert this type of a defense, the employer may be accepting citations with increased monetary penalties and which also expose the employer to repeat citations over the next three years. The enclosed article discusses this defense and how to assert it."
• August, 2009 – An Introduction to Computer Security – The NIST Handbook. This handbook provides assistance in securing computer-based resources (including hardware, software, and information) by explaining important concepts, cost considerations, and interrelationships of security controls. It illustrates the benefits of security controls, the major techniques or approaches for each control, and important related considerations.
  
  The handbook provides a broad overview of computer security to help readers understand their computer security needs and develop a sound approach to the selection of appropriate security controls. It does not describe detailed steps necessary to implement a computer security program, provide detailed implementation procedures for security controls, or give guidance for auditing the security of specific systems. The purpose of this handbook is not to specify requirements but, rather, to discuss the benefits of various computer security controls and situations in which their application may be appropriate.
• May, 2009 - OSHA DEFENSE 101: AVOIDING THE OSHA LIABILITY PYRAMID. "The enclosed article is an extensive discussion of a recent OSHA Review Commission case that illustrates how an employer can become involved with OSHA in escalating citations and penalties that can be overwhelming and potentially threaten the employer's existence. The article discusses how this situation occurred and sets out a strategy that employers may wish to consider when they receive citations to avoid the liability pyramid that can occur with an escalating history of citations with the agency."
• May, 2009 - Gas Meter Hazard - Jeweler Torches, PSEG. "The natural gas industry has experienced incidents in prior years where flashback from a jeweler’s torch assembly reached the gas meter, causing an ignition and rapid expansion.
  
  Jeweler torches, normally used to perform simple welding, brazing or soldering, are set up to operate with gas/oxygen mixtures where oxygen pressure is set much higher than natural gas pressure (NG-1/4 psig; O₂ -up to 70 psig). Torch flashbacks can occur when the tip of a jeweler’s torch is blocked or when oxygen is turned on prior to turning on the gas supply. As a result, oxygen will flow back through gas piping toward the meter. When the torch is ignited under this condition, a flashback can reach the gas meter and ignite an explosive gas-oxygen mixture.
  
  Current installation guidelines (PSE&G Gray Book) and industry codes require jeweler torches to have a "Check Valve" installed on the gas line to ensure that oxygen used in the welding operation does not reach the gas meter. The absence of a check valve in the gas line may have contributed to past meter explosion incidents.
  
  These installation guidelines apply to any hot work operation where natural gas is combined with oxygen, such as welding torches used by jewelry stores, muffler shops and auto body repair shops."
• May, 2009 - Call Before Digging, The U.S. Secretary of Transportation. Spring is the traditional time that excavation or road improvement projects sponsored by local, state, or federal government assistance begin. In May 2007, the Common Ground Alliance launched a national "Call Before You Dig" campaign to increase public awareness about the importance of using a nationwide call before digging number - 811. Since the creation of 811, the CGA and over 1,400 members and sponsors have worked to continuously raise awareness of 811 throughout the United States.
  
  The attached reminder is from the U.S. Secretary of Transportation reminding everyone, the professional excavator to a homeowner the importance of "smart digging means calling 811 before each job." The depth of utility lines varies and there may be multiple utility lines in a common area. Digging without calling can disrupt service to an entire neighborhood, harm you and those around you and potentially result in fines and repair costs. Calling 811 before every digging job gets your underground utility lines marked for free and helps prevent undesired consequences.
• April, 2009 - ENHANCED OSHA LIABIILITY FOR "CONTROLLING EMPLOYERS" by Mark A. Lies II & Elizabeth Leifel Ash of Syfarth Shaw LLP. The article deals with employers' responsibility in complying with OSHA standards relating to multiple employer worksites.
• February, 2009 - Using Root-Cause Analysis to Improve Risk Management by Brian Hughes, Mark Hall and Dennis Rygaard. "Often, risk management and root-cause analysis (RCA) are viewed as separate programs or separate tools overseen by separate individuals with varying backgrounds from different departments. After all, risk management focuses on anticipating events and RCA focuses on reacting to them, right? Not really. The RCA process should be considered part of the overall risk management process. It is designed to minimize or eliminate risk by solving problems and removing causes that contribute to risk."
• February, 2009 - "Since the outset of OSHA enforcement, the agency has always had a weapon in its arsenal of citations known as Repeat citations which are high gravity citations and carry the potential for a $70,000 penalty per violation. The Repeat classification is derived from reference to and predicated upon a prior citation received by the employer which, in OSHA's assessment, is substantially similar to the current violation. The case law regarding when, and under what circumstances, OSHA can issue a Repeat citation is showing a trend toward enhanced liability that is unfavorable to employers. Because of the expected more aggressive enforcement of the OSHA Act under the new Administration, this article discusses these liability issues and provides practical recommendations on how to limit liability."
• December, 2008 - The Financial Impact of Cyber Risk, is the first known document that provides guidance to help CFOs and executives responsible for legal issues, business operations and technology, privacy and compliance, risk assessment and insurance, and corporate communications mitigate the impact of cyber attacks. (Note: The link requires registration for new users.)
• December, 2008 - Final Version, published in 2007, The US-CCU Cyber-Security Check List by John Bumgarner and Scott Borg is intended as a comprehensive survey of the steps that corporations and other organizations should take to reduce their vulnerability to cyber-attacks. The authors have tried to provide a fairly complete map of the existing cyber attack avenues and the measures needed to protect them. To make the check list's organization as clear and intuitive as possible, the vulnerabilities and counter-measures have been sorted according to six easy-to-distinguish categories of information system components: 1) hardware, 2) software, 3) networks, 4) automation, 5) humans, and 6) suppliers.
• October, 2008 - Electric utility companies are already addressing the NERC CIP standards that went into affect in 2007, but this recent article in the October 2008 APPA Public Power magazine provides some very good insight and recommendations that may enable you to improve your company's program.
• October, 2008 - CRS Report for Congress. Terrorism and Security Issues Facing the Water Infrastructure Sector (July 28,2008 update).
• September, 2008 - As you know, OSHA has issued citations to employers throughout its history for failure to provide employees with personal protective equipment(PPE), such as safety glasses, respirators, clothing, etc. and training in its usage. The agency has attempted numerous times to cite employers for "each" employee who has not used the PPE or been trained but has lost several decisions because many of the regulations do not specifically state that the employer's duty runs to "each employee". The proposed revisions to OSHA's regulations are intended to address this deficiency and allow the agency to issue multiple citations, with monetary penalties, on a "per employee" basis. The article discusses the regulations in issue and provides recommendations as to avoid liability after the revisions are adopted.
• September, 2008 - The U.S. Consumer Product Safety Commission, in cooperation with Wolf Appliance Inc., announced a voluntary recall of Wolf Appliance Gas Ranges.
• June, 2008 - PIPELINE SAFETY: Installation of Excess Flow Valves into Gas Service Lines. This document advises operators of gas distribution pipeline systems of a statutory requirement for installation of excess flow valves in certain gas service lines.
• May, 2008 - PIPELINE SAFETY: Polyamide-11 (PA-11) Plastic Pipe Design Pressures. PHMSA proposes to revise the Federal pipeline safety regulations to allow certain thermoplastic pipelines made from new Polyamide-11 (PA-11) pipe to be designed using a higher design factor and to raise the design pressure limit for the same pipelines. Design pressure calculations and design pressure limitations for all other thermoplastic pipes (PE-polyethylene, PB-polybutylene, PVC-polyvinyl chloride, etc.) would remain unchanged. These rule changes would allow pipeline operators to operate certain pipelines constructed of new PA- 11 pipe at higher operating pressures than currently allowed by the existing rules.
• April, 2008 - Responding to an OSHA Inspection. This article (Part One) will identify a general strategy that can be utilized at the outset of an OSHA inspection.
• April, 2008 - Responding to an OSHA Inspection (Part Two: Employee Interviews). It is important that employees be advised of their rights prior to and during an OSHA Inspection in order to avoid exposing themselves and the employer to potential legal liability.
• April 3, 2008 - The U.S. Consumer Product Safety Commission, in cooperation with the A.O. Smith Water Products Co., today announced a voluntary recall of Natural and Propane Gas Water Heaters. Consumers should stop using recalled products immediately unless otherwise instructed.
• March, 2008 - The U.S. Consumer Product Safety Commission, in cooperation with LDR Industries announced a voluntary recall of gas connectors due to fire and explosion hazards. Name of Product: LDR 1200 Series Gas Connectors.
• November, 2007 - To combat an increase in copper theft resulting from a world-wide spike in the price of copper, Puget Sound Energy has initiated several measures to deter thieves, protect lives, and keep the electric system operating and costs down to serve customers in the region.
• November, 2006 - The Nature of Water Hammers - In Electric Power Plants.
• November, 2006 - Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. Pipeline Safety: Notice to Operators of Natural Gas and Hazardous Liquid Pipelines to Accurately Locate and Mark Underground Pipelines Before Construction - Related Excavation Activities Commence Near the Pipelines.
• November, 2006 - Tips To Protect Workers In Cold Environments by U.S. Department of Labor, Occupational Safety & Health Administration.
• September, 2004 - Security Assessment Process for Cyber and Physical Property
• August, 2003 - Notification of the Susceptibility to Premature Brittle-like Cracking of Older Plastic Pipe
• January, 2002 - The Life Saver
• December, 2001 - WinD.O.T., The Pipeline Safety Encyclopedia

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