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DAYSTAR NEWSLETTER MARCH 2010
Once again we want to say ”Thank you” for your business. For over 30 years we have been providing safety equipment, services, and solutions for many companies in the Midwest. This would not be possible without you, our valued customer. Thanks for your business and support in 2010!!!

Virtual Catalog Our new 2009 virtual catalog is now available for view 24/7 on line at www.daystarsafety.net where you can also request a free printed catalog for your facilities.

Our new 2010 catalog should be available in March.

NEW!! - MATERIAL HANDLING AND INDUSTRIAL EQUIPMENT
We have added a comprehensive MATERIAL HANDLING AND INDUSTRIAL EQUIPMENT online catalog to our website. Click here to view.

Coming in 2010 – On-line safety training.

TOP TEN
Top Ten
In the first year of the Obama administration, OSHA was busy handing out fines the likes of which hadn’t been seen for eight years. Here’s our rundown of 10 significant fines from the last 12 months, and what they mean for businesses.

1. OSHA issues largest fine ever: $87.4 million to BP. This fine demonstrates OSHA’s intent to check up on companies once they’ve made serious safety mistakes. The agency evaluated BP’s progress after the 2005 fire and explosion that killed 15 people and injured 170 more at its Texas City, TX refinery. OSHA issued 270 “notifications of failure to abate” and identified 439 new willful violations at the plant.

2. Two executives face prison time and huge fines in deaths of five workers. Phillipe Goutagny and James Thompson, executives with RPI Coating, each face 2.5 years in prison and a fine up to $1.25 million if convicted. On Oct. 2, 2007, vapor from a solvent ignited inside a tunnel at a hydroelectric plant in Colorado. Workers survived the blast but were overcome by smoke and fumes and died of asphyxiation. OSHA says it will work more closely with the Justice Department in cases like these to bring criminal charges against executives with penalties that include prison time.

3. OSHA wastes no time in using new per-employee citations, issues $1.2 million fine. G.S. Robbins & Co. of St. Louis, MO, was hit with 21 egregious willful citations for hazardous chemical handling. Each citation was on a per-instance basis. Even during this period of difficult economic recovery, OSHA won’t hesitate to use per-instance, per-employee fines to hike total fine amounts. This wasn’t the only instance in which OSHA used per-instance citations in 2009 (see item #7 below).

4. Company hit with $1.14 million fine following employee complaint. Are the big fines relegated only to incidents involving deaths or multiple serious injuries? Hardly. OSHA began a December 2008 inspection at Milk Specialties in Whitehall, WI, in response to an employee complaint. Willful citations were issued for the employer’s failure to comply with OSHA’s confined space and lockout/tagout regulations. OSHA is taking employee complaints seriously.

5. After two similar incidents, owner and manager go to jail. ANC Roofing of Santa Rosa, CA, owner Kenneth Alton pleaded no contest to failing to protect employees from a hazard. He was sentenced to nine months in jail and a $248,000 fine. Supervisor Robert McAfee pleaded no contest to one misdemeanor violation and was sentenced to 30 days in jail. On May 11, 2006, an ANC employee backed into an unguarded skylight and fell 21 feet to his death. Four months later, another ANC employee suffered major head trauma when he fell 19 feet from an unprotected skylight.

6. OSHA fines Wal-Mart $7,000 for worker trampling incident. A Wal-Mart worker was trampled to death by a crowd of 2,000 shoppers on the day after Thanksgiving in 2008. OSHA said Wal-Mart should have recognized that its employees were exposed to being crushed by the crowd based on previous experience. Wal-Mart fought the fine. OSHA used the General Duty Clause to issue the fine and has said it will use the GDC in similar situations where safety was compromised but a specific regulation wasn’t violated.

7. Company faces $1.09 million OSHA fine for 202 willful violations. OSHA didn’t really need anyone’s permission to start issuing per-instance fines (see item #3 above), but it got the go-ahead in the form of a decision from the Occupational Safety and Health Review Commission (OSHRC). The appeals panel ruled OSHA properly cited Smalis Painting Co. on a per-employee basis for violations of the lead-in-construction regulations, in connection with a project near Pittsburgh, PA. OSHA monitored six Smalis employees for lead exposure. Based on that data, OSHA issued violations for all employees who would have been exposed to the same hazards.

8. OSHA is getting companies to agree to implement safety and health improvements above what’s required by regulations. A-1 Excavating of Bloomer, WI, agreed to make numerous changes in its work processes in exchange for lowering fines from almost $900,000 to $470,000. A-1 has to hire a full-time safety director, develop and implement site-specific safety and health plans for all major projects, identify all job sites to OSHA before work begins for the next three years, reduce the salary of job superintendents and project managers who fail to comply with OSHA requirements, and retain a third-party safety consultant.

9. Cintas agrees to pay $3 million in fines and to comply with other conditions. In some cases, it hasn’t been an either-or situation between fines and strict safety improvements. After a worker was killed when he fell onto an unguarded conveyor and was dragged into a 300-degree industrial dryer, Cintas agreed to the huge fine and to retain a team of independent experts to develop permanent fixes and review interim controls. Cintas also agreed to hire additional safety staff, conduct more frequent internal safety inspections, and establish new systems to examine employee complaints.

10. A construction company agrees to pay $750,000 in fines and cut the pay of unsafe supervisors. Broadway Concrete of New York, NY, agreed to reduce the salaries of senior job superintendents who failed to comply with job safety practices. Broadway also agreed to hire a full-time corporate safety director, develop a new corporate safety plan, and provide OSHA with information on major projects and access to all job sites for the next four years.


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DAYSTAR SAFETY SERVICES
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Let us help you with your confined space equipment needs. We have available for rent; air monitors, blowers, rescue/retrieval systems, fresh air breathing systems and much more. Give us a call!

arrow TRAINING OPPORTUNITIES
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CAOHC Certification/Recertification Course

Day Star will be offering the CAOHC 20-hour certification and the 8-hour recertification course on March 15th-17th, 2010 for those individuals performing audiometric testing. For more information or to register you may call 800-747-1401 or go online to www.daystarsafety.com.

AIHA Mid-America 8-Hour Spring Symposium

March 12th –IH Sampling Methods – Uses (and misuses) of Direct Reading Instruments – Speakers – Terri Pierce (NIOSH), Dr. Phil Smith (Uniformed Services University of Health Sciences) – 8AM – 4PM - Burns & McDonnell – For more information or to register contact aihamidamerica@live.com.

arrow UPCOMING MEETINGS FOR MARCH 2010
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Heart of America ASSE Chapter – March 8th – Safely Reporting News from Outside the Studio – Islamorada Fish Company – Bass Pro Shop – 12051 Bas Pro Drive – Olathe, Kansas –12 PM to 1:30 PM –To RSVP call Brittany Ohlemeyer at 816-231-5580 ext 441 or bohlemeyer@occutec.com. You may also pay on-line at www.kc.asse.org.

Construction Safety Group of Kansas City – March 3rd – 11:30 AM to 1 PM – Builders Training Center – OSHA Update – RSVP Required – To RSVP call the CSG reservation line at 816-471-0880 ext. 1369 or contact Aaron Beisley at 816-985-7541 or aaron@randsc.com.

Mid-America Industrial Hygiene Association –No meeting in March– See Spring Symposium listed above –To RSVP click on aihamidamerica@live.com. Please RSVP by Friday, January 8th.

Wichita ASSE Chapter – March 1st –11:30 AM to 1 PM – ASSE Region V Update –ISI Building –Please RSVP to Holly Coleman at holly_coleman@hawkerbeechcraft.com.

Wichita Area Construction Safety Group – March 12th – 11:30 AM to 1 PM – Ryan’s Steakhouse on North Rock Road – For more information please contact Tamara Hadley at 316-264-7050 or constructionsafety@isienvironmental.com.

OSHAC – Joplin – March 9th –11:30 AM to 1 PM – Red Hot & Blue – For more information please contact Michael Mulhall at 417-869-2121 or 800-334-1349 or mmulhall@nsozarks.org.

OSHAC – Monett – March 16th –11:30 AM to 1 PM – Happy House Restaurant – For more information please contact Michael Mulhall at 417-869-2121 or 800-334-1349 or mmulhall@nsozarks.org.

OSHAC – Springfield – March 17th –11:30 AM to 1 PM – The Pasta House – For more information please contact Michael Mulhall at 417-869-2121 or 800-334-1349 or mmulhall@nsozarks.org.

OSHAC – West Plains – March 10th –11:30 AM to 1 PM – West Plains Country Club – For more information please contact Michael Mulhall at 417-869-2121 or 800-334-1349 or mmulhall@nscozards.org.

Mid-Missouri Section ASSE – March 18th –11:30 AM to 1 PM – China Garden – Please RSVP to Mark Woodward at mwoodward@mem-ins.com or 573-289-5990 by noon on March 16th.

spacer REGIONAL SAFETY CONFERENCES FOR 2010
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1st Annual Midwest Construction Safety Conference – March 11th-12th – Adams Pointe Conference Center – For more information contact Phil Shoemaker @ 816-595-4158.

Nebraska Safety Council Conference & Exposition – April 14th -15th – The Cornhusker Mariott Hotel – For more information call 402-483-2511 or go to www.nesafetycouncil.org.

Missouri Safety Council

39th Annual Mid-America Safety, Health and Environmental Conference & Expo – May 4th-7th – Tan-Tar-A Resort – For more information or to register go to www.missourisafetycouncil.org.

24th Annual Safety & Health Conference of the Ozarks – September 21st-23rd – Hilton Branson Convention Center Hotel at Branson Landing – For more information call 417-869-2121 or go to www.nscozarks.org.

61st Annual Safety and Health Conference - October 12th-15th – Capitol Plaza Hotel – Manor Conference Center - Topeka, Kansas – For more information contact Dena Akors at 785-829-4386 or dena.akors@dol.ks.gov or go to www.dol.ks.gov.


spacer NATIONAL SAFETY CONFERENCES FOR 2010
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American Industrial Hygiene Conference and Exposition – May 22nd-27th – Colorado Convention Center – For more information go to www.aiha.org.

ASSE Professional Development Conference – June 13th-16th – Baltimore Convention Center – For more information go to www.asse.org.

26th Annual VPPPA Conference – August 23rd-26th – Orlando World Center – For more information go to www.vpppa.org.

National Safety Congress & Expo – October 3rd-8th – San Diego Convention Center – For more information go to www.nsc.org.

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