Employees at Mountaire Farms chicken processing plant in Millsboro, DE, filed a lawsuit to be paid for the time spent donning and doffing protective gear during the workday.

All production employees are required to wear ear plugs, bump caps, smocks, hair and beard nets, and steel-toed rubber boots. Some production employees are also required to wear gloves, aprons and safety glasses. These are requirements of the U.S. Dept. of Agriculture and OSHA.

Employees also take off their protective gear for their unpaid lunch break and then have to put it back on to return to work. The employees and the company each provided their own witnesses to show how long it takes for the employees to put on and take off their PPE each day. The two times; about 21 minutes a day vs the companies 10 minutes.

In this case the court noted that previous federal decisions said employees must be paid for their time spent performing a “principal activity” for their jobs if the task it required by law, company policy or by the nature of the work performed. With this in mind employees should be paid for their time at the start or end of shifts. However, federal courts had ruled previously that workers don’t have to be paid for this time before and after a lunch break. This case will follow that pattern.

(Perez v. Mountaire Farms, U.S. Circuit Crt. 4, No. 09-1917, 6/7/2011)

“Safety is our top priority, and this rule would help cut the safety risks to workers loading and unloading hazardous materials and to people living near those facilities,” said U.S. Transportation Secretary Ray LaHood.

The notice proposes to add requirements including:

• Developing inspection and maintenance programs to ensure the safety of hoses, valves and other equipment used in loading and unloading.
• Practice drills and  classroom training of truck drivers and other workers who unload or load hazardous material;
• Training on automatic valve shut down to ensure the systems are in place and that employees know how to use the systems; and
• Developing inspection and maintenance programs to ensure the safety of hoses, valves and other equipment used in loading and unloading.

“Between October and December 2010, five of the six incidents involving death or major injury were related to the loading and unloading of hazardous materials. We believe these proposed changes will increase safety and ultimately reduce the likelihood of catastrophic hazardous material incidents during loading and unloading,” said PHMSA Administrator Cynthia Quarterman.

National Poison Prevention Week will be held March 20-26, 2011.

More than 2 million poisonings are reported each year to the 61 Poison Control Centers (PCCs) across the United States. More than 90 percent of these poisonings occur in the home. The majority of non-fatal poisonings occur in children younger than six years old. And, poisonings are one of the leading causes of death among adults.

The U.S. Congress established National Poison Prevention Week on September 16, 1961 (P.L. 87-319). Shortly thereafter, the Poison Prevention Week Council was organized to coordinate this annual event and promote poison prevention.

National Poison Prevention Week, the third week in March each year, is a week nationally designated to highlight the dangers of poisonings and how to prevent them. However, every day people can and do prevent poisonings. We invite you to review the information on this site and become actively involved in helping ensure the safety of children and adults in your home and your community.

If you are are interested in participating in a poison prevention event, contact your local poison control center by calling the nationwide toll-free number, 800-222-1222, and asking to speak with a poison prevention educator.

If you are interested in hosting a poison prevention event, the Health Resources and Services Administration (HRSA) has a National Poison Prevention Week Event Planner available at http://poisonhelp.hrsa.gov/resourcesppw.htm.

“Deep frying a turkey in hot oil is dangerous, risky business no matter what you do and accounts for the high number of house and garage fires reported each year,” said Farr. “That doesn’t mean you need to give it up completely. Several manufacturers have new units available – oil-less electric or infrared models that are much safer provided that instructions are followed carefully.”

The popular cooking method which some believe delivers better taste and cuts down on cooking time, requires placing the turkey in three gallons or more of oil, heated by propane. Tests have shown that the fryers have a high risk of tipping over, overheating, or spilling hot oil, leading to fires, burns or other injuries. Farr’s concern is that when the oil meets the fire the fryers instantly become a “vertical flame thrower” turning into a volcano of smoke and fire within seconds.

The National Fire Protection Association (NFPA) continues to believe that turkey fryers that use oil, as currently designed, are not suitable for acceptably safe use by even well-informed and careful consumers. Even though manufacturers have added product features in an attempt to make turkey fryers safer for consumers (including non-heat conducting handles and sturdier stands), they still pose a considerable risk and are not safe to use due to the amount of oil and high temperatures used to cook a turkey. So much so, that Underwriter’s Laboratories, Inc., (UL) remains firm in its decision not to certify any turkey fryers with its trusted UL mark. The NFPA believes the new outdoor turkey cooking appliances that do not use oil should be considered as an alternative.

The Consumer Product Safety Commission says the majority of reported turkey fryer incidents occur while the oil is being heated. The units can easily tip over, spilling hot, scalding oil onto anyone or anything nearby. Since most units do not have automatic thermostat controls, oil may heat until it catches fire. The sides, lids, and handles get extremely hot and may cause burns.

“Unattended cooking is the primary cause of residential fires,” said Farr, referring to the U.S. Fire Administration statistics that report approximately 2,000 Thanksgiving Day fires occur in U.S. homes each year resulting in five deaths, 25 injuries and $21 million in property loss.

“Keep it safe and simple and reduce the chance for serious burns and injuries by simply oven-roasting a turkey the traditional way, or ordering a fried turkey from a grocery store or caterer who is experienced in deep frying food,” said Farr.

For those planning to use a turkey fryer anyway, here are additional tips for safer use:

• Only use turkey fryers outdoors, away from any buildings, materials or anything flammable; keep it in full view.
• Never use turkey fryers on wooden decks, in garages, carports, or breezeways.
• Allow at least two feet of space between the liquid propane tank and the fryer burner.
• Use the fryers on a flat surface to avoid accidental tipping.
• Keep children and pets well away from the fryer when in use and for several hours after cooking.
• The oil inside the cooking pot can remain dangerously hot, hours after use.
• Read and follow the manufacturer’s user guide.
• Carefully measure oil; do not overfill the fryer that can result in overflow and fire when the turkey is added.
• Use extreme caution placing the turkey in the hot oil; oil may spill onto the burner, creating a fire.
• Never leave the fryer unattended. Monitor the temperature closely; most units do not have thermostat controls.
• Cover bare skin and use well-insulated potholders or oven mitts; wear safety goggles to protect eyes from oil splatter.
• Thaw the turkey completely before cooking — allow approximately 24 hours for every five pounds of bird thawed – preferably thawed in the refrigerator.
• Be careful with marinades. Oil and water do not mix, and water causes oil to spill over, causing a fire or even an explosion hazard.
• If oil begins to smoke, immediately turn gas supply OFF.
• Keep an all-purpose fire extinguisher nearby and use it, if the fire is manageable.
• Never use water to extinguish a grease fire.
  If the fire increases, immediately call 9-1-1 for help.

The Bureau of Fire Services wishes everyone a safe and happy holiday. Visit the Bureau of Fire Services website at  www.michigan.gov/bfs for more fire safety information.

New OSHA training emphasizes workers’ rights

WASHINGTON – “Introduction to OSHA,” a new training component emphasizing workers’ rights, is required content in every OSHA 10- and 30-hour Outreach Training Program class. OSHA developed the information in support of the Secretary of Labor’s goal of strengthening the voice of workers.

This information affects hundreds of thousands of workers who complete Outreach Training Program classes each year, and more than 50,000 authorized OSHA Outreach Trainers. It focuses on the importance of workers’ rights and advises them of their right to

• safe and healthful workplaces
• know about the presence and effects of hazardous chemicals
• review information about injuries and illnesses in their workplaces
• receive training
• request/file for an OSHA inspection and participate in the inspection
• be free from retaliation for exercising their safety and health rights

“For too long workers have avoided making claims of unsafe work conditions out of fear of losing their jobs,” said Assistant Secretary of Labor for OSHA David Michaels. “We are confident that this new training will embolden workers to speak up when they find work practices that endanger their lives and the lives of their co-workers.”

During the 10- and 30-hour outreach training program classes, OSHA trainers will cover topics on whistleblower rights and filing a complaint, and will provide samples of a weekly fatality and catastrophe report, material data safety sheet and the OSHA Log of Work-Related Injuries and Illnesses. Trainers can obtain test and answer sheets from their authorizing training organization.

The OSHA Outreach Training Program is a voluntary program that seeks to teach workers about their rights and how to identify, reduce, avoid and prevent job-related hazards. The program includes 10- and 30-hour courses in construction, general or maritime industry safety and health hazard recognition and prevention that is taught through a network of OSHA-authorized trainers. Over the past three years, nearly two million students have received training through this program.

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. For more information, visit http://www.osha.gov.