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Industrial Hygiene Insights – December 2007
Welcome to IH Insights, the monthly electronic newsletter for industrial hygiene practitioners. Each issue brings you analysis and commentary from our contributing editors, all veteran industrial hygienists, plus news on compliance, research, and professional practice from the Occupational Hazards editorial team.

In This Issue:
  1. 'We Hired Them Because They're the Experts!'
  2. Nation's Weapons Labs Have Dire Safety Problems, GAO Says
  3. NIOSH Science Blog Stimulates Communication
  4. Minnesota Pork Plant Workers Afflicted With Mysterious Illness
  5. Construction Workers Suffer Skin Rashes in Katrina, Rita's Wake


1. 'We Hired Them Because They're the Experts!'

By John F. Rekus PE, CIH, CSP

I've participated as an expert witness in almost 100 legal cases. Most cases involved a situation where an employer hired an outside contractor to perform work on the host's premises. During the course of the work, one of the contractor's employees was killed, by falling to their death from an elevation, being blown up by vapors ignited in a confined space or overcome by a toxic gas. In most cases, someone from the employer being sued testified, "We hired these guys because they're the experts."

My experience suggests that while construction contractors may be experts concerning their crafts, they are not necessarily experts concerning the hazards posed by a host's facilities and it is a poor assumption to believe otherwise. For example, a contractor may be an expert at pipe fitting but have little or no knowledge of the hazards posed by the unshored trenches he is laying his pipes in. A contractor may be a fine electrician but know precious little about personal fall arrest systems.

In many of the cases in which I've been involved, the employers had superior knowledge about the hazards in their facilities and operations that they failed to share with a contractor. In one case, a worker performing work on duct work in a power plant boiler flue was overcome by sulfur dioxide and fell 92 feet to his death. During the deposition, the plant environmental engineer was asked if the contractors were informed of the nature of the hazards of the exhaust gasses they were working around. She replied something to the effect of, "No, we didn't tell them anything because they are the experts."

In another case, where contractor employees were painting the inside of a tank, a host employee put a lit match into an open can of the paint to show contractor employees that the paint was not flammable. Later, a worker was severely burned when the vapors inside the tank were ignited.

While a host employer is not expected to be an ensurer of the safety of a contractor, it is a mistake to assume that just because a contractor is an ace at hanging sheet rock, or a wizard at carpentry work or a stone and masonry artist, that he also is an expert on trench safety fall protection or countless other safety precautions that may be peripherally related to their task

Woe to the host employer who knows that a contract employee in jeopardy and fails to offer a warning because he assumes the contractor is the expert.

John F. Rekus may be contacted at john-rekus@comcast.net.



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2. Nation's Weapons Labs Have Dire Safety Problems, GAO Says

A report released by the Government Accountability Office (GAO) pointed out that nearly 60 serious accidents or near misses have occurred at the nation's three nuclear laboratories since 2000, raising concern for worker safety.
Read More



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3. NIOSH Science Blog Stimulates Communication

The National Institute for Occupational Safety and Health (NIOSH) introduced its new NIOSH Science Blog to communicate scientific issues related to NIOSH's research and recommendations.
Read More

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4. Minnesota Pork Plant Workers Afflicted With Mysterious Illness

An inexplicable neurological illness has afflicted 11 workers from a pork processing plant in Austin, Minn., prompting state health officials to investigate the cause of the malady.
Read More




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5. Construction Workers Suffer Skin Rashes in Katrina, Rita's Wake

Construction workers who traveled to New Orleans to help rebuild the city in the aftermath of Hurricanes Katrina and Rita were found to have four distinct skin disorders that were most likely caused by insect bites, according to researchers from the Centers for Disease Control and Prevention (CDC).
Read More




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