Issue link: http://www.e-digitaleditions.com/i/799392
of a new OSHA rule went into effect in December after a federal judge rejected an industry request for an injunction to further postpone their implementation. The "Rule to Improve Tracking of Workplace Injuries and Illnesses" was originally set to go into effect in August, but was delayed until November. Then it was again pushed back to December amid legal challenges from employers and organizations, including the Associ- ated Builders and Contractors and the National Association of Manufacturers. The suit against OSHA, which centers around several controversial provisions, including one barring some post-acci- dent drug testing, will go on, and the federal judge's refusal to issue a prelimi- nary injunction does not mean the rule will necessarily withstand the challenge. It does, however, mean that OSHA may begin enforcing the rule as planned, un- less and until the court rules against it in the suit. Judge Sam Lindsay issued his ruling on the preliminary injunction re- quest on November 28, 2016. The new rule has two main parts: an electronic recordkeeping and reporting requirement for on-the-job injuries and illnesses, and a set of anti-retaliation re- quirements. The anti-retaliation provi- sions seek to protect employees from ac- tions that could be taken by an em- ployer in retaliation for reporting an in- jury or illness. Some employers have argued that the rules go too far, and in some cases are unenforceable. Under the new rule, for example, an employer is prohibited from administering a drug test to an employee after a workplace incident, unless "drug use is likely to have con- tributed to the incident," and only if "the drug test can accurately identify impairment caused by drug use." The aim is to ensure that employees don't keep quiet about a workplace injury for fear of being subject to a drug test. But, as legal experts have pointed out, most tests cannot determine impairment at the time of the incident, only how much of a drug is in the individual's sys- tem at the time of the test. And there's no strict definition of when drug use is likely to have contributed to an inci- dent. Industry groups have argued that OSHA is wrong to want to prevent drug testing after workplace incidents, when drug testing can be an important tool in analyzing what went wrong. Other aspects of the anti-retaliation provisions include banning practices like rewards (such as pizza parties) when a workplace goes a given period of time without a reported injury, because such practices could discourage employees from reporting incidents. While the plaintiffs in the suit, filed in the US District Court for the Northern Dis- trict of Texas, sought to delay the enforce- ment of the rule until the court could come to a decision on its legality, Judge Lindsay ruled that they did not show that they would suffer "irreparable harm" if the rule was enforced in the interim. An- alysts note that Judge Lindsay, in his rul- ing, did not suggest that the plaintiffs lack a case, simply that they could not meet the burden of proof necessary to put an immediate stop to enforcement. MAMF celebrates 100 years CONGERS, N.Y.—The Masters Asso- ciation of Metal Finishers (MAMF), which consists of finishing shops in the New York and New Jersey area, will cele- brate its 100th anniversary with a Cen- tennial Celebration on Saturday, April 8. The organization is gearing up for the cel- ebration, highlighting 100 years of service to its community of industrial finishers. MAMF was formed in 1917 and is one of the oldest surface finishing associa- tions in the US, formed shortly after American Electroplaters Society formed in 1913. The organization works to ed- ucate and promote the metal finishing industry, and supports local and federal regulations governing environmental and worker protection policies. Serving as an affiliate of the National As- sociation of Surface Finishers (NASF), MAMF operates to provide a localized voice and serve as an advocate on issues impacting the metal finishing industry. Finishing firm fined following worker's death MOSINEE, Wis.—Federal safety in- spectors have recommended fines total- ing $171,169 for a Wisconsin alu- minum extrusion and coating services business following the June 14, 2016, death of a 51-year-old worker. A federal investigation, prompted by a death on the anodizing line at Crystal Finishing Systems' facility in Mosinee, Wis., has resulted in multiple alleged safety violations. OSHA issued three re- peat, four serious, and three other-than- serious safety citations to the Schofield- based company. Federal investigators determined the worker suffered fatal injuries when an au- tomated crane pinned him between the crane hook and dip tank load bars as it moved product to different tanks on an anodizing line, authorities said. The em- ployee was pronounced dead at the scene. The company has 15 days to request an informal conference with the area direc- tor or contest the fines. Founded in 1993, the company specializes in aluminum ex- trusion and fabrication, high perfor- mance coatings, powder coating, plastics coating, e-coating, and anodizing. BLS releases report on occupational injuries and illnesses in 2015 WASHINGTON, D.C.—Occupa- tional injury and illness data released by the Bureau of Labor Statistics (BLS) showed a significant drop in the rate of recordable workplace injuries and ill- nesses in 2015, continuing a pattern of decline that, apart from 2012, has oc- curred annually for the last 13 years. Private industry employers reported about 2.9 million nonfatal workplace injuries and illnesses in 2015, represent- ing a decline of about 48,000 from 2014, despite an increase in total hours worked. The rate of cases recorded was 3.0 cases per 100 full-time workers, down from 3.2 in 2014. The rate is the lowest recorded since at least 2002, when OSHA recordkeeping require- ments were modified. Despite the de- cline, approximately 2.9 million private sector workers suffered nonfatal injuries and illnesses in 2015. 8 POWDER COATING, March 2017