MIOSHA eNews — May 7, 2024

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State and Federal Officials Issue Guidance to Protect Workers from Bird Flu

Flu

Recent cases of the highly pathogenic avian influenza (HPAI), commonly called “bird flu" have been detected at commercial poultry facilities in Michigan and throughout the United States. 

Workers with potential exposure to avian influenza viruses should avoid unprotected exposure to dead animals/birds, animal waste, bedding, raw milk/uncooked animal products, or materials touched by, or close to animals with suspected or confirmed avian influenza, according to the Centers for Disease Control and Prevention (CDC). 

On May 1, the Michigan Department of Agriculture and Rural Development (MDARD) issued an emergency order asking food producers to implement robust biosecurity practices and create emergency preparedness plans. Poultry farm workers should limit farm-to-farm travel and only complete essential visits, according to a MDARD Staff Biosecurity Information and Checklist for Poultry Farms

Although bird flu usually spreads among birds, rare human infections have resulted in symptoms ranging from no symptoms to mild illness to severe illness that can result in death.

The CDC issued updated interim recommendations to protect workers exposed to certain animals and animal products. The CDC says poultry and livestock farmers and workers, slaughterhouse workers, veterinarians, and public health responders are among the occupational groups that may be at increased risk of exposure to viruses associated with avian flu. 

Tips on personal protective equipment use for workers who operate near or under those conditions include:

  • Use separate designated clean areas, one for donning PPE and one for removing it.
  • Avoid touching your eyes, mouth and nose after contacting any contaminated material.
  • Don’t eat, drink, smoke, vape, chew gum, dip tobacco or use the bathroom while wearing PPE.
  • When removing PPE, clean and disinfect boots before removing them. Wash your hands after removing coveralls and gloves, and again after removing eye and face protection and a head or hair cover.
  • Shower at the end of the work shift and leave all contaminated clothing and equipment at work.
  • Watch for symptoms of illness for 10 days after finishing work. Inform your supervisor and speak with a doctor if you become ill.

Avian Flu Resources for Workers

  • Avian Influenza (OSHA Safety and Health Topics Page)
  • Avian Influenza (National Institute of Occupational Safety and Health (NIOSH) Workplace Safety and Health Topic

Federal OSHA also has a poultry process industry eTool focusing on identifying and controlling major hazards that contribute to injuries. 

National Safety Stand-Down to Prevent Falls in Construction

Stand Down baner

The National Safety Stand-down to Prevent Falls in Construction Week (May 6-10) has officially kicked off. Safety stand-down events encourage employers to talk directly with their workers about hazard recognition and how to implement appropriate safety measures. 

May 6-10 is also Construction Safety Week. Both events are an opportunity to remind Michigan employers of their duty to protect employees from fall hazards — this week and beyond. 

Fatalities caused by falls from elevation continue to be a leading cause of death for construction employees, accounting for 37% of the 1069 construction fatalities recorded in 2022, according to the U.S. Bureau of Labor Statistics. Those deaths were preventable.

We look forward to joining with employers and contractors across the state to stand down for safety! Be sure to share your stand-down story and join the conversation on social media by using the hashtag #StandDown4Safety.

Fall Protection Resources 

We encourage all employers to take advantage of our Consultation Education and Training services for free safety and health assistance. Check out our full list of services to learn how you can request free consultative visits with no citations or penalties, receive awards and recognition, apply for grant funding and more. Request help with our free consultative services today.

Beyond fall prevention, take the time to bring Safety Week to life at your company. Access tools and resources to help your workers stay connected, supported, and safe. 

Register for Coffee with MIOSHA in Jackson on May 14

Coffee with MIOSHA

MIOSHA and the American Society of Safety Professionals Mid-Michigan Chapter invites Michigan employers and employees to share a cup of coffee and learn about the importance of workplace safety and health.

Coffee with MIOSHA are informal networking events for safety professionals that allow employers and employees to meet with MIOSHA administrative, enforcement and consultative staff to ask questions and learn about our programs and services.

Members from the ASSP Mid-Michigan Chapter will be available to answer questions and discuss opportunities to become involved with the organization.

Register online with ASSP for the free event.  

Coffee with MIOSHA
May 14, 2024, 9:30 – 11:30 a.m. 
Jackson District Library-Meijer Branch (Community Room) 
2699 Airport Road, Jackson, MI 49202

Gov. Whitmer Signs Bill to Strengthen Asbestos Worker Protection

Asbestos

Michigan Gov. Gretchen Whitmer recently signed a bill into law to collectively protect Michigan workers who come in contact with asbestos on the job.

On March 12, Gov. Whitmer signed into law (Public Act 17 of 2024) to add asbestos specific language to enhance safety and health protection for Michigan workers. The legislation amended Public Act 154 of 1974 (Michigan Occupation Safety and Health Act). The amended law will take effect on June 10.

The law includes amended definitions in Sec. 4(2) and (3) to define “asbestos” as “a group of naturally occurring minerals that separate into fibers, including chrysotile, amosite, crocidolite, anthophyllite, tremolite, and actinolite” and an “asbestos-related violation” as “a violation of this act, an order issued under this act, or a rule or standard promulgated under this act that involves the demolition, renovation, encapsulation, removal, or handling of friable asbestos material or otherwise involves the exposure of an individual to friable asbestos material.”

It also amended Sec. 35(4)(a) to define a case closing date, for asbestos related violations, as the first date that all the following conditions are met:

  • (i) The citation for the violation is a final order.
  • (ii) Satisfactory abatement documentation for the violation is received by the board.
  • (iii) All civil penalties related to the violation are timely paid, or the department of labor and economic opportunity complies with section 36(6).

Sec. 35(4)(b) was added to include "repeatedly violates", with respect to an asbestos-related violation, means commits an asbestos related violation not later than 5 years after the case closing date of an asbestos-related violation. Currently, MIOSHA utilizes a three-year time frame for determining an employer’s citation history for repeat violations.

Finally, Sec. 36(1) was amended to limit the maximum penalty reduction of asbestos-related violations to 95%. Specifically, the following language was added/amended:

(1) The board shall assess civil penalties, considering the size of the business, the seriousness of the violation, the good-faith efforts of the employer, and the history of previous citations, and may establish a schedule of civil penalties. Subject to subsection (2), for a civil penalty that was assessed as the result of an asbestos-related violation, the board shall not reduce the civil penalty by more than a total of 95% or by more than the corresponding percentage for each of the following:

 (a) In considering the size of the business: 70%
 (b) In considering the good-faith efforts of the employer: 25%
 (c) In considering the history of previous citations: 10%.

MIOSHA's Asbestos Program is in the process of creating separate penalty calculation worksheets to ensure compliance with these asbestos related citations amendments and for citations issued under PA 135 of 1986 (Asbestos Abatement Contractors Licensing Act) and PA 440 of 1988 (Asbestos Workers Accreditation Act). The new forms and training will be provided to MIOSHA staff prior to the effective date of PA 17 of 2024.

MIOSHA Online Hazard Bulletin Launches

Hazard alerts

A new addition to MIOSHA’s homepage will help employers and employees stay up-to-date with current workplace injury and illness trends. We recently launched the first MIOSHA online hazard bulletin to provide information on trends identified in recent fatalities and incidents. Each bulletin will be posted for a short period to communicate critical information to help employers and employees.

The current hazard safety bulletin is on our webpage at Michigan.gov/miosha.

Michigan Worker Deaths of 2024

There have been eight work-related fatalities reported to MIOSHA in 2024. The information below shares preliminary details about the most recent fatalities reported to MIOSHA, which are believed to be covered by the MIOSH Act. The descriptions reflect information provided to MIOSHA at the initial report of the incidents and are not the result of the official MIOSHA investigations.

Preliminary summaries of the 2024 incidents:

A 25-year-old assistant yard/receiving manager was stocking merchandise with the use of an order picker truck. At some point during the task, the employee fell from the lift approximately 20 feet to the adjacent walking-working surface. The employee was transported to a local hospital and later succumbed to the injuries sustained from the fall.

A 39-year-old law enforcement officer was making a traffic stop for a suspected impaired driver. Other officers were on the scene. During the stop, a commuter vehicle struck two patrol vehicles and the victim, who was outside of the patrol vehicle. The victim died at the hospital.

A 71-year-old owner of a company that provides support services to oil and gas operations was using an air compressor to rid a large tank of oil and water. The victim and his son were cleaning it when it exploded. The victim was killed in the explosion and/or subsequent fire.

A 62-year-old die setter was standing on a semi-truck flatbed trailer, moving a rolling cart loaded with a die fixture to the side of the flatbed. The cart and die fixture fell off the flatbed and onto the victim who sustained multiple injuries. The victim was transported to a nearby hospital for treatment. On Feb. 22, the employer was notified the victim died.

A 21-year-old apprentice pipefitter was working on a boiler system being installed for a school addition. The pipefitter was standing on a ladder when the cap on a pressurized boiler line came off and struck the worker in the face. 

A 23-year-old agricultural worker was driving a tractor pulling a farm implement and lost control, causing the tractor to overturn. The victim was ejected from the cab, which rolled over onto the victim.

A 22-year-old laborer was scrapping material from a former hospital building. Individuals were attempting to remove a large boiler with the use of a mini excavator. During the operation, the victim was crushed by the boiler when the controls of the mini excavator were inadvertently activated.

A 68-year-old refrigeration and mechanical technician was found in the back-alley area of a strip mall. The victim was a contractor working for a restaurant. An extension ladder was found nearby. The victim had an apparent head injury to the back of his head.

News Releases

April 10, 2024 - MIOSHA, Ford Motor Co., UAW Renew Workplace Safety and Health Partnership

Agency Instructions Issued

April 24, 2024 – Oil and Gas Drilling and Servicing Operations - State Emphasis Program (SEP)
April 24, 2024 – Pyrotechnics Manufacture, Storage, Sale, Handling, Use, and Display
April 24, 2024 – Coordination of Enforcement and Consultation Interventions 
May 2, 2024  – Permit-Required Confined Spaces (PRCS) Standard in General Industry

Variances

Variances from MIOSHA standards must be made available to the public in accordance with Part 12, Variances (R408.22201 to 408.22251). MIOSHA variances are published online at:
michigan.gov/mioshavariances.

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