Professional Safety - February 2019

and that the Secretary’s interpretation was reason- Walsh Healey safety and health standards, The poten-
able and entitled to deference. since that Act applied only to manufacturers tial much
doing in excess of $10,000 worth of business broader im-
Analysis with the federal government. pact of the
OSHA’s overall mishandling of section 6(a) au- decision is
The promulgation of the WHA standards as OSHA that it casts
thority has been widely recognized. Even though the standards greatly expanded the coverage of the doubt on
statute gave OSHA 2 years to exercise the 6(a) au- standards, whether they were applied (only) to all other stan-
thority, during which time it could have conducted at “manufacturing and supply” workplaces or to “every dards that
least some initial evaluation of the existing national employment and place of employment exposed to haz- were pro-
consensus and established federal standards before ards covered by the standards.” mulgated
deciding which ones to promulgate, OSHA decided from WHA
to publish the standards en masse only 1 month and Expanding the scope of coverage of “established feder- standards.
a day after the effective date of the OSH Act. al standards” to include workplaces not previously cov-
ered by them was Congress’s purpose in enacting section
According to then-chair of OSHRC, Robert Mo- 6(a). Neither the statute, nor the legislative history of the
ran (1974), “uncritical adoption of such standards OSH Act, which is thoroughly dissected and parsed in
by OSHA in its initial promulgations, however, only the majority and dissenting opinions, provides any clear
weakened the effectiveness of the Act.” indication that Congress intended to allow the WHA
standards to apply to all other “manufacturing and sup-
The damage to the OSHA program was long-lasting. ply” but not to other places of employment.
Several years later the AFL-CIO president testified, “this
hodgepodge collection of standards and OSHA’s efforts Potential Impacts
to enforce them probably did more to damage the ini- The specific effect of the Kiewit Power decision is
tial acceptance of the entire program than any other
single action” (Senate Committee on Labor and Human that section 1926.50(g) is not enforceable by OSHA.
Resources, 1980). Nonetheless, as safety professionals The potential much broader impact of the decision is
know, standards adopted under section 6(a) have been a that it casts doubt on other section 6(a) standards that
major portion of the standards enforced by OSHA over were promulgated from WHA standards to the extent
the past 48 years, and many remain in effect. that they are applied outside of manufacturing and
supply. Similarly, other section 6(a) standards adopted
OSHA’s implementation of section 6(a) was challenged from other established federal standards under other
in several early enforcement cases, but none directly ad- laws may be subject to the same analysis. Although
dressed the issue raised in Kiewit Power, whether OSHA’s each standard must be analyzed on its own, counsel
action in September 1971 was authorized by the statute. for Kiewit Power Co. has identified 148 construction
standards that may have a history similar to the quick
The majority and dissenting opinions in Kiewit Power drenching standard. In addition, some maritime stan-
agreed that the applicable test was whether the change dards may be affected and, under OSHRC’s rationale,
in coverage of the standard constituted a “substantive general industry standards in 29 CFR Part 1910 could
change” to the standard. That test is derived from several also be affected if a WHA-derived standard is applied
early Court of Appeals decisions, including Diebold Inc. to employers outside of “manufacturing and supply.”
v. Marshall (“29 USC 655(a) required adoption of ‘estab-
lished federal’ and ‘national consensus’ standards without OSHA has appealed the commission’s decision and
substantive modification”); Usery v. Kennecott Copper the case is now before the U.S. Court of Appeals for the
Corp. (OSHA’s change of wording from should to shall District of Columbia Circuit. Initial briefs are due to
when adopting provisions from an ANSI national con- be filed in the case in February 2019. A decision is not
sensus standard not permitted because it was a substan- likely until sometime in 2020. PSJ
tive change); and Deering Milliken v. OSHRC (changes
made by OSHA to the air contaminants standard did not References
“substantively modify” the WHA standard).
Chevron U.S.A. Inc. v. Natural Resources Defense Coun-
The majority found that the change in the scope cil, 467 U.S. 837 (1984).
of coverage in September 1971 did constitute a “sub-
stantive change” to the standard. The majority ac- Deering Milliken v. OSHRC, 630 F.2d 1094 (5th Cir. 1980).
knowledged that several previous cases had allowed Mendeloff, J. (1979). Regulating safety: An economic and
OSHA to change the scope of coverage when an “es- political analysis of occupational safety and health policy.
tablished federal standard” was adopted as an OSHA Cambridge, MA: MIT Press.
standard. But the majority said that those cases could Mintz, B. (1984). OSHA: History, law and policy. Washing-
be distinguished because none specifically addressed ton, DC: BNA Books.
extending coverage to other industries. Moran, R. (1974). Occupational safety and health stan-
dards as federal law: The hazards of haste. William & Mary
There does not appear to be any clear logic or basis for Law Review, 15(4).
making that distinction, however. Writing specifically Moran, R. (1976, March-April). Cite OSHA for violations.
about the WHA standards that were adopted as OSHA Occupational Health and Safety, 45(2), 19-23.
standards, former OSHRC Chair Moran (1976) wrote: Secretary of Labor vs. Kiewit Power Constructors Co.
OSHRC Docket No. 11-2395 (Sept. 28, 2018).
Most of them affected few firms [as WHA Senate Committee on Labor and Human Resources.
standards]. For example, in 1969 there were (1980). Oversight hearing, 96th Cong., 2nd Session, 730-731.
only about 75,000 firms with any reason to Usery v. Kennecott Copper Corp., 577 F.2d 1113, 1116-
even know that there were such things as 1117 (10th Cir. 1977).

assp.org FEBRUARY 2019 PROFESSIONAL SAFETY PSJ 49

CHECKPOINTS

Fundamentals of Serving as an

EXPERT WITNESS

By Todd Logsdon

Have you ever wondered what is required to serve as an expert witness at trial? Safety professionals are often
engaged by attorneys to work as expert witnesses to help the attorney make certain technical arguments at trial
or understand technical issues in a case.

Most of the rules are based on the Fed- •the expert’s scientific, technical or and methodology, not on the ANDREYPOPOV/ISTOCK/GETTY IMAGES PLUS
eral Rules of Civil Procedure and the Fed- other specialized knowledge will help the conclusions that they generate.
eral Rules of Evidence, and are generally trier of fact to understand the evidence or (Daubert v. Marnell Dow Pharma-
applicable to federal agencies such as the to determine a fact in issue; ceuticals Inc., 1993)
Occupational Safety and Health Review
Commission. State court requirements •the testimony is based on sufficient The Daubert hearing allows the court
vary. Experts may be engaged as testifying facts or data; to act as a gatekeeper, filtering testimony
or consulting experts, and the rules vary that is not reliable enough to be consid-
depending on the type. •the testimony is the product of reliable ered expert.
principles and methods;
Testifying Expert Confidentiality or Privilege Concerns
If a witness is retained to provide ex- •the expert has reliably applied the With regard to testifying experts, com-
principles and methods to the facts of
pert testimony at trial, the expert must the case. munications between the expert and the
provide a written report that contains: attorney are generally privileged, which
Simply put, education and experience means they are not subject to discovery by
1) A complete statement of all opinions are important factors when determin- an opposing party. This privilege, however,
that the witness will express and the basis ing whether someone is qualified as an is subject to certain exceptions. Communi-
and reasons for them. expert. Formal education is not nec- cations may be discoverable when they:
essary to be considered an expert in a
2) The facts or data considered by the field. A long history of experience with •relate to compensation for the expert’s
witness in forming those opinions. a certain topic may qualify someone as study or testimony;
an expert.
3) Any exhibits that will be used to •identify facts or data that the party’s
summarize or support them. Prior to being permitted to testify at attorney provided and that the expert
trial, an expert may be subject to what considered in forming the opinions to be
4) The witness’s qualifications, includ- is known as a Daubert hearing, where expressed;
ing a list of all publications authored the judge hears evidence regarding
during the past 10 years. methods used by the expert to form his/ •identify assumptions that the party’s
her opinions. attorney provided and that the expert
5) A list of all other cases in which, relied on in forming the opinions to be
during the past 4 years, the witness testi- The trial judge, pursuant to Rule expressed.
fied as an expert at trial or by deposition. 104(a), must make a preliminary
assessment of whether the testi- This rule is designed to protect
6) A statement of the compensation mony’s underlying methodology counsel’s work product and to ensure
to be paid for the study and testimony in is scientifically valid and properly that lawyers may interact with retained
the case. can be applied to the facts at experts without fear of exposing those
issue. Many considerations will communications to searching discovery.
Testifying experts may be required to bear on the inquiry, including Generally, neither the existence, identi-
give a deposition prior to trial, but only whether the theory or tech- ty nor opinion of consulting experts is
after submission of the written report. nique in question can be (and discoverable.
has been) tested, whether it has
Consulting Expert been subjected to peer review Conclusion
Not all experts are retained to testify at and publication, its known or Education, training and experience
potential error rate, the exis-
trial or deposition. Some are retained to as- tence and maintenance of stan- may qualify a safety professional to
sist an attorney in preparing for trial. Such dards controlling its operation, serve as an expert witness but knowing
an expert is considered a consulting, rather and whether it has attracted the rules can improve one’s effective-
than a testifying, expert. The opinions held widespread acceptance within a ness. PSJ
by a consulting expert are not subject to relevant scientific community.
discovery by the other side absent exten- The inquiry is a flexible one, and References
uating circumstances, nor is the expert its focus is solely on principles Daubert v. Marnell Dow Pharmaceuti-
required to submit a written report.
cals Inc., 509 U.S. 579 (1993).
Qualifications
What makes someone qualified to testi- Todd Logsdon is a partner in the Fisher Phillips Louisville office and devotes his practice to advising and
representing employers regarding labor and employment law matters. Logsdon is regarded as a leader on
fy as an expert? OSHA issues including contesting and litigating citations, representing employers during inspections or
A witness who is qualified as an expert investigations, conducting compliance audits and defending whistleblower or retaliation claims, as well as
providing compliance advice to clients. Logsdon is a professional member of ASSP’s Louisville Chapter.
by knowledge, skill, experience, training
or education may testify in the form of an
opinion if:

50 PSJ PROFESSIONAL SAFETY FEBRUARY 2019 assp.org

PRODUCT PULSE

Safety Railing Welding Helmet

Superior Aluminum’s 500 Aluminum Optrel’s Crystal 2.0 welding helmet of-
Railing divides manufacturing equipment fers visual clarity to the wearer before,
from walkways using pipe railings. Rail- during and after welding. According to
ing creates physical boundary and pro- manufacturer, an automatic shade level
tects hot kettles, storage tanks and other changes depending on arc conditions,
equipment from forklifts, hand carts and while twilight function protects wear-
material handling equipment. System is
suited for use in food and beverage man- er from lighting changes and after-
ufacturing, chemical processing and other glow to reduce eye fatigue and strain.
manufacturing environments. According Reflective paint reportedly keeps user
to manufacturer, railing is strong, durable 24% cooler than a traditional hood,
and maintenance free. protecting worker from heat. Head-
www.superioraluminum.com band provides weight balance to pro-

tect wearer’s neck and back. Excenter
positions the helmet on user’s
head for comfort.
www.optrel.com

Slush Boot

Galeton’s Repel Footwear is designed to fit over the shoe to protect work boots and feet
in slush and wet weather. Treaded sole reportedly reduces slips and falls on icy or slick
surfaces. At 15.5-in. high, rubber boot fits over everyday footwear for waterproof pro-

tection, while straps can be adjusted to the leg for a more comfortable fit.
Boot is available in black and high-visibility yellow.
www.galeton.com

Gas Detector Retractable Tether

United Electric Controls’ Vanguard WirelessHART gas Gear Keeper’s retractable tether keeps tools that
detector interfaces with existing networks to provide con- weigh up to 3.5 lb close to the worker’s body
tinuous detection of hydrogen sulfide and methane gases.
Product detects gases frequently found in industrial set- when retracted while remaining accessible. Ideal
tings and can operate in extreme temperatures ranging for those working in close quarters or at height,
from -40 to 149 °F. Detector also features enhanced zero tether features low tension to allow easy use and
stability to reduce the chance of false alarms and provides minimal lanyard exposure when retracted. Device
faster connection to gateway. Interchangeable sensor firm- does not snag even when tool is placed in a tool
bag or pouch, according to manufacturer. Product
ware allows for quick installation of new sensors reaches 4.5 ft and reportedly features a durable,
to measure additional gases without impact-absorbing nylon webbing that does not
changing the base unit. require additional shock-absorbing lanyard ends.
www.ueonline.com Stainless steel, thumb-controlled locking-gate car-

abiner attaches tool to lanyard.
www.gearkeeper.com

Waste Receptacle

TuffBoxx’s Camper is an animal-resistant waste
or recycling receptacle designed for outdoor sites
in locations with nearby wildlife. Constructed of
galvanized steel, product reportedly keeps out large
and small animals and reduces animal attraction to com-
pany campuses. Gravity closing 10-in. wide by 6-in. high mail-
box style chutes are secured by finger release levers that make it
easily accessible to users and inaccessible to wildlife. Mounting
system allows for mounting to concrete pad or securing

with chain or cable to a tree or other post.
www.usetuffboxx
.com

Publication of this material does not imply testing, review or endorsement by
ASSP. To submit a product for this section, send an e-mail to professional
[email protected]. Be sure to include product and contact information, along
with a high-resolution product photo.

assp.org FEBRUARY 2019 PROFESSIONAL SAFETY PSJ 51

PRODUCT PULSE

Marking Tape

Visual Workplace Inc. introduc- forklifts, hand trucks and material

es Floor Mark tape, designed to handling that may otherwise chip

provide direction in settings that or damage traditional tape. Flex-

present challenges for traditional ible product conforms to uneven

tape and paint use, such as high surfaces while low profile (14 mil)

traffic industrial areas. High-bond reportedly will not present a trip-

acrylic pressure-sensitive adhesive ping hazard to workers.

can withstand heavy traffic from www.visualworkplaceinc.com

Lone Worker Safety Inspection Cage

The MobileDefender Model S from SecuraTrac is a panic Bricking Solutions’ safety inspection cage pro-
button to help safeguard lone workers by providing them vides workers with a sheltered area to repair and
with an inconspicuous means of calling for help. The small inspect kilns. Cage reportedly keeps workers safe
device fits in a pocket or on a lanyard and works as a two- from debris as large as 250 lb that can fall as coat-
way speaker phone so responders can hear what is hap- ings shrink and expand. Lightweight cage is con-
pening at the employee’s location and communicate back structed of aircraft aluminum and features flip-up
if necessary. Device sends out a GPS location alert and has handles to make transporting the cage simple, ac-
built-in fall detection that sends an SOS if the employee is cording to manufacturer. Product also features leg
spikes for stability, spring system to absorb shock
tackled, without the employee pressing a button.
www.securatrac.com and heavy-duty, mesh netting on cage
exterior for added protection.
Rain Jacket www.brickingsolutions.com

Galeton’s rip-stop reflective rain jacket is Sanitizing System
designed to protect outdoor workers in
wet conditions while improving visi- Meritech’s Sole Clean Dry Step
bility with reflective piping and trim. is an automated footwear
Double storm flap has two-way zip- sanitizing system for dry and
per and taped seams to shield wearer semidry production facilities.
Designed to eliminate the
from rain. According to manufac- risk of cross-contamination
turer, jacket is breathable and light- from footwear, the system
weight for added comfort. Extra-large reportedly sanitizes any style
of footwear in 12 seconds and
pockets can fit tablet or iPad. is designed for use in food pro-
www.galeton.com
duction and other dry environ-
ments. Product features a chemical
blend that sanitizes, then evaporates
quickly post-application to reduce mois-
ture accumulation around the system.
www.meritech.com

Safety Helmet Protective Eyewear

Gateway Safety has improved its Serpent vented Pyramex’s Semtex 2.0 eyewear features
safety helmet with a full brim that provides 360° antifog coating and protects against UV
sun and rain protection. The vented shell allows rays. Designed for outdoor workers, half-
heat to escape, keeping workers cooler through- frame glasses are reportedly breathable
out the day, and is constructed of high-density and feature a custom-fit rubber nose-
polyethylene to be durable and lightweight,
according to manufacturer. Helmet is avail- piece with flexible nonslip temples to
able in white, yellow, red, blue, green, and keep glasses on and comfortable during
high-visibility orange and green.
http://gatewaysafety.com work. Scratch-resistant, hard-coated
polycarbonate lens reportedly prevents
52 PSJ PROFESSIONAL SAFETY FEBRUARY 2019 assp.org
breakage from high-velocity impact.
www.pyramexsafety.com

Chest Wader Demolition Valve
Machine Safeguard
Galeton’s Repel nylon chest
wader boot allows outdoor The Brokk 110 remote-controlled dem- Haws’s Stem Shield safe-
workers to stay dry when pass- olition machine from Brokk is designed guards industrial valves
ing through high waters. Sole to decrease worker interaction with haz- that may otherwise injure
offers traction and stability to workers. High-visibility
wearer while walking in water ards in construction, metal processing, yellow product casing is
or on slippery surfaces. Ac- mining and nuclear industries. Prod- fitted to industrial pipes
cording to manufacturer, PVC uct incorporates hardened compo- and locks without inhibiting
boot is 100% waterproof and nents and few moving parts valve operation. According to
has a chest pocket to avoid for improved performance. manufacturer, chemical-re-
dropped items. Machine features a 10-ft sistant, waterproof, soft-cell
www.galeton.com reach and compact size, making rubber foam enclosed PVC
it suited for work in restricted pipe reduces risk of workers
spaces and on weak floors, ac- being cut, impaled or injured
cording to manufacturer. on exposed stems or indus-
www.brokk.com trial valves. Material is re-
portedly durable, lightweight
and can withstand extreme
temperatures and a range of
elements. Product is available
in five standard sizes with
options for length, diameter,

color and logo.
www.hawsco.com

Chemical Detector

ENMET’s Formaldemeter is a handheld, portable instrument that
detects airborne formaldehyde levels. Workers in medical labs,
building material production and healthcare settings can use in-
strument to detect formaldehyde by parts per billion as a portable
instrument or as a continuous monitoring device capable of 1
month of datalogging. Monitor can warn of dangerous concen-
tration levels with an alarm system, which alerts workers in real
time without laboratory analysis. Product can connect to a PC for
downloading and tracking data.
www.enmet.com

Driver Training Emergency Stop

Advanced Driver Training Services pres- Rockford Systems’ Modular Emergency Stop
ents its one-to-one driver safety program can shut down plant machinery to avert
for fleet drivers who may need intensive, hazards in an emergency or shut off

individualized training. According to inactive machine parts to reduce
manufacturer, high- and medium-risk energy consumption. System can
drivers who have had multiple traffic vio-
lations or a history of vehicle crashes can be sanitized with high pressure
benefit from this program’s multiple com- and temperature wash down pro-
ponents: advanced review of the driver’s cedures, and is suitable for food,
history to identify areas needing atten-
tion; 4- or 8-hour ride along in which an beverage and pharmaceutical
instructor observes the driver’s habits and applications. System consists of en-
skills while providing feedback and in-
struction; discussion about the strengths vironmentally sealed safety-wired
and areas for improvement; and a detailed ports and distribution boxes, as well
report of observations and recommenda-
as durable patch cords available in
tions for future improvement. multiple lengths. Circuits can be
www.adtsweb.com extended to up to four buttons.
www.rockfordsystems.com

assp.org FEBRUARY 2019 PROFESSIONAL SAFETY PSJ 53

CONTINUING EDUCATION

RON_THOMAS/E+/GETTY IMAGES San Diego, CA

March 12
ASSP San Diego Chapter
2019 Professional Development Conference
This conference features two different educational tracks, networking opportunities, an
exhibition and raffle. NIOSH’s John Howard will deliver a keynote address about per-
spectives on the opioid crisis and Charlie Morecraft will discuss his story and how peo-
ple should take responsibility for actions and safety. Featured topics include radiation,
standards and trends, lead poisoning and OSHA compliance.
San Diego Chapter; https://sandiego.assp.org

FEBRUARY 2019 Savannah, GA MARCH 2019
Tampa, FL Richmond, KY
•2/21-2/22 2019 ASSP Region IV Pro- 3/4-3/6: NFPA 25 Hands-On Inspection,
•2/18 Advanced Safety Management Testing and Maintenance of Water-Based
fessional Development Conference. ASSP Fire Protection Systems. NFPA; (800)
Methods. ASSP; (847) 699-2929; www Region IV; (770) 937-7379; https://region 344-3555; www.nfpa.org.
.assp.org. 4.assp.org.
Portland, OR
Park Ridge, IL Tampa, FL
•3/4-3/7 Oregon Governor’s Occupa-
•2/18-2/21 Math Review, ASP Exam •2/21-2/22 Influential Leadership Skills.
tional Safety and Health Conference.
Preparation. ASSP; (847) 699-2929; www ASSP; (847) 699-2929; www.assp.org. ASSP Columbia-Willamette Chapter;
.assp.org. (503) 947-7411; https://cwc.assp.org.
Branford, CT
Chippewa Falls, WI 2/25: Certified Hazardous Materials Man- Waipahu, HI
2/19: Introduction to Safety and Health ager Exam Preparation. Field Safety Corp.; 3/4-3/7: OSH Standards for Maritime Indus-
Management. National Safety Education (203) 483-6003; www.fieldsafety.com. try Trainer. Building Industry Association of
Center; (815) 753-6902; www.nsec.niu Hawaii; (808) 847-4666; www.biahawaii.org.
.edu/nsec. Houston, TX
2/25-2/26: Managing Safety Performance: Tampa, FL
Eugene, OR Tools for Supervisors and Managers. 3/5: Low-Voltage Qualified NFPA 70E. e-Haz-
2/19: Forklift Train-the-Trainer. D2000 Safe- Balmert Consulting; (281) 359-7234; ard; (502) 498-7978; www.e-Hazard.com.
ty; (800) 551-8763; www.d2000safety.com. www.balmert.com.
San Ramon, CA
Webinar Charlotte, NC
2/19: CHMM Exam Preparation. Bowen 2/25-3/1: Certified Occupational Safety •3/7 Annual Bay Area Safety Symposium
EHS; (866) 264-5852; www.bowenehs.com. Specialist. Carolinas AGC; (704) 372-
1450; www.cagc.org. and Professional Development Con-
Houston, TX ference. ASSP San Francisco Chapter;
2/19-2/21: Creating Safety Leadership. Annapolis, MD https://sanfrancisco.assp.org.
DNV-GL Business Assurance; (877) 368- 2/25-3/1: Hazardous Waste Compliance
3530; www.dnvglcert.com. Manager. Aarcher Institute of Environ- Webinar
mental Training; (410) 897-0037; www 3/7: How to Manage a Department of
Chapel Hill, NC .aarcherinstitute.com. Transportation Driver Compliance Pro-
2/20: OSHA Respirator Essentials and gram. Environmental Resource Center;
Fit Testing. North Carolina Occupa- Tampa, FL (800) 537-2372; www.ercweb.com.
tional Safety and Health Education and 2/25-3/15: Mobile Crane Professional Op-
Research Center; (919) 962-2101; http:// erator. Crane Tech; (800) 290-0007; www Norfolk, VA
osherc.sph.unc.edu. .cranetech.com. 3/7: Fall Protection Train-the-Trainer.
Chesapeake Region Safety Council; (800)
Savannah, GA Indianapolis, IN 875-4770; www.chesapeakesc.org.
2/21-2/22: Ergonomics Assessment Certi-
fication. The Back School; (800) 783-7536; •2/26-2/28 2019 Indiana Safety and Shafter, CA
www.thebackschool.net. 3/8: Basic Employee Safety for General
Health Conference and Expo. ASSP Cen- Industry. Westec Inc.; (661) 387-1055;
Events During February, March and tral Indiana Chapter; (800) 824-6885; www.westec.org.
April www.insafetyconf.com.
Tampa, FL
Send event announcements to professionalsafety Waipahu, HI
@assp.org. 2/27: Construction Safety and Injury •3/11-3/14 Math Review, ASP and CSP
Prevention Safety Manager/Coordinator.
• Current month advertiser Building Industry Association of Hawaii; Exam Preparation. ASSP; (847) 699-2929;
• ASSP community (808) 847-4666; www.biahawaii.org. www.assp.org.

54 PSJ PROFESSIONAL SAFETY FEBRUARY 2019 assp.org

Knoxville, TN Park Ridge, IL Wichita, KS
3/11-3/15: Process Hazard Analysis Lead- 4/2-4/3: KDOT Transportation Safety
er With LEADER Software. ABS Consult- •3/21-3/22 Internal OHSMS Auditing Conference. University of Kansas Con-
ing; (800) 769-1199; www.absconsulting tinuing Education; (877) 404-5823; http://
.com/training. Using ISO 45001. ASSP; (847) 699-2929; kupce.ku.edu.
www.assp.org.
Webinar Niagara Falls, NY
3/12: The Acheonomics of Musculoskel- Cincinnati, OH 4/3-4/4: Western New York Safety Con-
etal Discomfort and Industrial Sports 3/22: Standard Climber Certification. ference. Western New York Safety Confer-
Medicine Cures. Voluntary Protection Safety One International; (800) 485-7669; ence; https://wnysc.com.
Programs Participants’ Association; www.safetyoneinc.com.
(703) 761-1146, ext. 300; www.vpppa Nashville, TN
.org. Mechanicsburg, PA 4/3-4/5: Safety in Action Conference.
3/25: Permit-Required Confined Space DEKRA; (805) 665-6158; https://safetyin
Las Vegas, NV Entrant. Cocciardi and Associates Inc.; action.com.
3/12-3/15: Environmental Compliance (800) 377-3024; http://cocciardi.com.
Boot Camp. Aarcher Institute of Environ- Jacksonville, FL
mental Training; (410) 897-0037; www New Orleans, LA 4/8-4/10: 2019 American Association of
.aarcherinstitute.com. 3/25-3/28: 22nd Annual Applied Ergo- Occupational Health Nurses Conference.
nomics Conference. Applied Ergonomics American Association of Occupational
Tempe, AZ Conference; (800) 494-0460; www.iienet2 Health Nurses; (312) 321-5173; www
.org/ergo/conference. .aaohn.org.
•3/14 2019 Arizona Health and Safety
Holland, OH Cincinnati, OH
Summit. ASSP Arizona Chapter; (602) 3/26: Key Habits of Highly Effective 4/10-4/11: Lab Safety. Laboratory Safety
427-7946; https://az.assp.org. EH&S Professionals. Cardinal Compli- Institute; (508) 647-1900; www.labsafety.org.
ance Consultants LLC; 419-882-9224;
San Antonio, TX www.cardinalhs.net. Irvine, CA
3/14-3/15: Workplace Violence Preven- 4/15: HazWOPER General Site Worker.
tion Symposium. Workplace Violence Seattle, WA ehs International Inc.; (855) 234-7462;
Prevention Symposium; www.workplace- 3/26: Food Safety. DNV-GL Business Assur- www.ehsinc.org.
violence.blr.com. ance; (877) 368-3530; www.dnvglcert.com.
Webinar
Mountlake Terrace, WA Eugene, OR 4/16: Applying Construction Fall Protec-
3/18: 4-Hour Confined Space Safety. Ar- 3/26-3/27: Fall Protection Competent tion Concepts to General Industry. Vol-
gus Pacific; (206) 285-3373; www.argus Person. D2000 Safety; (800) 551-8763; untary Protection Programs Participants’
pacific.com. www.d2000safety.com. Association; (703) 761-1146, ext. 300;
www.vpppa.org.
Philadelphia, PA Webinar
3/19: Cause Mapping Root-Cause Anal- Springfield, MO
ysis for Facilitators and Documentation. •3/27 Risk Management Tools for Safe- 4/18: OSHA Focus Four Hazards. The
ThinkReliability; (281) 412-7766; www. Builder’s Association; (816) 531-4741;
thinkreliability.com. ty Professionals. ASSP; (847) 699-2929; www.buildersassociation.com.
www.assp.org.
Webinar San Diego, CA
3/19: ASP Exam Preparation. Bowen EHS; Myrtle Beach, SC
(866) 264-5852; www.bowenehs.com. 3/27-3/29: 2019 Human Resources and •4/23-4/26 Math Review, ASP and CSP
Safety Conference. Carolinas AGC; (704)
Bakersfield, CA 372-1450; www.cagc.org. Exam Preparation. ASSP; (847) 699-2929;
www.assp.org.
•3/20 20th Annual ASSP Bakersfield Raleigh, NC
3/28: 8-Hour Hands-On HazWOPER Re- Park Ridge, IL
Chapter Symposium. ASSP Bakersfield fresher. Southeastern OSHA Training In-
Chapter; (611) 589-2076; https://bakers stitute Education Center; (800) 227-0264; •4/25 Implementing a Safety and Health
field.assp.org. www.ies.ncsu.edu/otieducationcenter.
Management System. ASSP; (847) 699-
Webinar APRIL 2019 2929; www.assp.org.
3/21: Adult Immunizations in the Work- Houston, TX
place. American Association of Occu- Park Ridge, IL
pational Health Nurses; (312) 321-5173; •4/1-4/5 Safety Management I and II.
www.aaohn.org. •4/26 International Standards and Legal
ASSP; (847) 699-2929; www.assp.org.
Natick, MA Requirements. ASSP; (847) 699-2929;
3/21: Biosafety in the Laboratory. The Cincinnati, OH www.assp.org.
Laboratory Safety Institute; (508) 647- 4/1-4/5: Fundamentals in Industrial
1900; www.labsafety.org. Ventilation and Practical Applications of Harlingen, TX
Useful Equations. American Conference 4/29-5/3: Infrastructure and Safety Sum-
of Governmental Industrial Hygienists; mit. Texas A&M Engineering Extension
(513) 742-2020; www.acgih.org. Service; (800) 723-3811; www.teex.org/prt.

assp.org FEBRUARY 2019 PROFESSIONAL SAFETY PSJ 55

BY THE WAY

AAllergy or Intolerance? NOT THE
According to CDC, more than 50 million Americans suffer from WAY
allergies each year and that number is increasing. However,
sometimes people are misdiagnosed as allergic when they simply We can fit
have an intolerance. A study published in JAMA Network Open more on
explains that nearly 19% of adults think they have food allergies here.
when, in fact, less than 11% really do. This can be because the
words allergy and intolerance are used incorrectly. Photo by
According to Mayo Clinic, an allergy is caused when a person’s Thomas Van
immune system reacts to something and affects numerous organs Hooser, Gold
in the body, often with a severe or life-threatening reaction. Al- Coast Chapter
lergic reactions often present with skin symptoms such as hives,
swelling, itching and redness, which is caused by histamine, a Safety is serious business. But unsafe practices still occur and we hope
chemical released during an allergic reaction. In addition, allergies these “Not the Way” images help you recognize and eliminate more
happen quickly after being exposed to the allergen.
An intolerance is normally less severe, starts gradually and hazards in the workplaces you influence.
is often limited to digestive problems. Those who have a food
intolerance can normally eat small amounts of that food with- “The only thing
out a problem. Intolerances can be caused by the absence of an
enzyme needed to fully digest a food (such as in lactose intoler- I’m allergic to
ance), sensitivity to food additives, or recurring stress or psycho-
logical factors. is criticism.”

David Lee Roth
DR_MICROBE/ISTOCK/GETTY IMAGES PLUS
CARL LENDER

Unusual Allergies

While many are allergic to peanuts, cats or dust, a few uncommon allergies make life
uncomfortable for some:

•Sunlight: An allergy to sunlight can make life difficult. Some cases present with

mild rashes or sunburn-like symptoms. Severe cases of photosensitivity can cause
hives, blisters or itching after only brief moments of sun exposure. According to
Mayo Clinic, people with this allergy should avoid sun during peak hours, wear sun-
screen and protective clothing. Medications and therapy are also available to sufferers
of this allergy.

•Vibration: Also known as vibratory urticaria, this allergy can cause hives or

skin rashes in areas of the body exposed to vibrations, as well as headaches, blurry vi-
sion or fatigue. Scientists believe this allergy can be caused by higher levels of certain
immune cells in the body. Individuals with this allergy should avoid towel drying,
hand clapping, bumpy vehicle rides and other repetitive stimulation.

•Water: This rare allergy can present as hives when the skin comes in contact

with water, regardless of its temperature. It commonly affects women and can start
during puberty. In 2009, ABC News reported on a U.K. woman who can only bathe
for 10 seconds at a time due to her water allergy.

Pet Peeve Nothing to
Sneeze At
Chances are you know someone who is allergic to cats or dogs. But, have
you ever heard of cats or dogs being allergic to humans? According to Na- Here are some common allergies
tional Geographic, cats and dogs suffer many of the same allergies that we that affect people worldwide every day:
do, including an allergy to people dander. Animals can experience sneezing,
itching, runny noses, inflammation, scabs or missing hair around areas •milk and eggs;
where humans have touched them. •cats and dogs;
•peanuts and tree nuts;
The good news is that animals can be tested for allergies, which often •wheat and soy;
can be treated with a shot or oral drop. In •fish and shellfish;
2014, a Florida woman adopted a Border •dust mites;
Collie-Labrador Retriever mix named Cru- •medications;
ella. Over the years, Cruella’s owner noticed •grass and pollen.
that the dog experienced skin irritation and
itching. The vet discovered that Cruella If you have a cartoon, anecdote, joke or interesting safety item
was allergic to human dander. Cruella was you’d like to submit for publication on this page,
put on a specific serum to desensitize her
allergies and now she can cuddle with her send your contribution to [email protected].
owner whenever she wants. Submissions will not be returned.
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KARINSASAKI/ISTOCK/GETTY IMAGES PLUS

56 PSJ PROFESSIONAL SAFETY FEBRUARY 2019 assp.org

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