OSHA QuickTakes – March 16, 2012

In this issue

DOL sues U.S. Postal Service and Florida school for violating whistleblower protections

The Department of Labor has taken legal action against two employers for retaliating against workers who reported safety and health concerns in their workplaces. The department has sued the U.S. Postal Service alleging discrimination and retaliation against a safety specialist who provided information to a worker wishing to file a safety complaint with OSHA. The department has also sued Renaissance Arts and Education Inc., doing business as Manatee School for the Arts in Palmetto, Fla., to reinstate a former worker with full back wages and benefits.

OSHA’s investigation at the Postal Service determined that the employer had followed a pattern of adverse actions against the safety specialist after learning that he had assisted another worker in exercising her rights under the OSH Act and provided her with OSHA’s contact information. That worker later filed a formal complaint with OSHA alleging unhealthful conditions at the facility. The specialist subsequently suffered a series of reprimands, was restricted from contact with staff at the facility and was transferred to an office without the necessary equipment to perform his job. See the news release for more details about the case.

The second lawsuit results from an OSHA investigation that found the privately-run charter school had unlawfully and intentionally terminated the worker’s employment for voicing and reporting concerns regarding hazards in the school’s two theaters. On June 20, 2009, the worker submitted a letter to his direct supervisor that addressed alleged safety hazards, specifically, improperly placed extension cords and a lack of sprinkler systems. The school did not respond to the letter. On July 14, the worker filed a complaint with OSHA reporting the same concerns. After OSHA communicated with the school, on July 30, the worker disputed the school’s response to the safety complaint, and he was notified that his position was being terminated. On Aug. 4, OSHA performed a safety inspection and cited the school for safety violations related to the worker’s expressed concerns. More information is available in the news release (y en Español).

OSHA enforces the whistleblower provisions of Section 11(c) of the OSH Act and 20 other whistleblower statutes. Detailed information on whistleblower rights is available on OSHA’s Whistleblower page.

Occupational exposure to diesel exhaust multiplies risk of lung cancer for miners

Researchers from the National Institute for Occupational Safety and Health (NIOSH) and the National Cancer Institute (NCI) have found that miners exposed to diesel exhaust on the job face a much higher risk for lung cancer.

In a cohort mortality study (PDF*) and a nested case-control study (PDF*), both recently published in the Journal of the National Cancer Institute, researchers analyzed lung cancer mortality among miners exposed to diesel exhaust, controlling for smoking, exposure to radon, and other risk factors and contaminants. The authors, including OSHA Industrial Hygienist Joseph Coble, found an approximately three-fold increase in the risk of dying from lung cancer among the most heavily exposed workers.

Diesel exhaust is a pervasive airborne contaminant in workplaces where diesel-powered equipment is used. More than one million workers are exposed to diesel exhaust and face the risk of adverse health effects, ranging from headaches and nausea to cancer and respiratory disease. For more information, visit OSHA’s Diesel Exhaust page.

Construction superintendent sentenced for willful disregard of OSHA safety standards following worker’s death

Robert Christopher Kennedy has been sentenced in U.S. District Court for the Western District of Pennsylvania to six months of house arrest and three years of probation for willfully endangering workers at a Washington County, Pa., construction site. Kennedy’s intentional disregard for OSHA’s safety standards contributed to the fatal fall of Carl Beck from a 40-foot pitched roof in August 2009.

Mr. Kennedy was the superintendent for Hospitality Builders, the general contractor on the worksite where the fatality occurred. His guilty plea follows the 2010 sentencing of Beck’s employer, Christopher Franc, who was on the roof when the worker fell. Investigators found that immediately after Beck’s death, Kennedy told Franc to put fall protection equipment on the roof to mislead OSHA investigators into believing that the gear was in place before the fall. In 2010, OSHA cited Franc’s construction company for 10 per instance willful citations for failing to protect workers from falls, for a proposed fine of $539,000.

Fatalities from falls are the number one cause of workplace death in construction. For more information and educational materials on fall protection, visit OSHA’s Fall Protection page.

OSHA’s Free On-Site Consultation Program helps technology recycler protect workers by addressing and correcting root causes

SHARP company, Technology Conservation Group
Technology Conservation Group is proud of the company’s acceptance into OSHA’s Safety and Health Achievement Recognition Program.

After discovering their injury and illness rates were above average for materials recovery facilities, the Technology Conservation Group (TCG) of Lecanto, Fla., asked for OSHA’s help in reviewing and revising their safety and health program.

Neil Lukey, TCG’s Environmental Safety and Health manager, reached out to OSHA’s On-site Consultation Program, which offers free and confidential advice to small and medium-sized businesses. OSHA’s consultant visited TCG and suggested that if the facility directed corrective measures at root causes, more worker injuries and illnesses could be prevented. The company then began working to address, correct or eliminate root causes of safety and health problems.

Now the company, which achieved SHARP status in 2006, conducts safety and health audits of all downstream vendors. “During these audits,” says Lukey, “we recommend the On-site Consultation Program to other companies that we do business with whenever we have the opportunity.” As of 2012, other TCG facilities have become inspired to follow the lead of the Lecanto facility. More information about Technology Conservation Group is available on OSHA’s Small Business Success Stories page.

Brazilian Blowout manufacturer agrees to compensate salon workers exposed to formaldehyde hazards

The manufacturer of Brazilian Blowout, a hair-straightening product that OSHA has found can expose salon workers to dangerous levels of airborne formaldehyde, has settled a class-action lawsuit for about $4.5 million in damages.

Under the terms of the agreement, workers will be compensated for their exposure to the hazardous substance, as well as for each bottle of the product they bought. The company can no longer market its product as “formaldehyde free,” and must provide more detailed instructions on how to use it safely. This agreement follows a January ruling in which California Attorney General Kamala D. Harris ordered the company to cease its deceptive advertising, make significant changes to its Web site, and pay $600,000 in fees, penalties and costs.

For more information about the dangers of certain hair smoothing and straightening products, visit OSHA’s Hair Salons Web page and updated Hazard Alert to salon workers.

Target protects factory workers from silicosis by no longer carrying sandblasted denim

In an effort to reduce silicosis hazards to denim factory workers, the Target Corporation announced Feb. 28 it would phase out sandblasted denim by the end of 2012. The Minneapolis-based company is joining with Levi Strauss & Co. to end the practice of sandblasting to produce denim clothing that appears pre-worn.

Inhalation of respirable crystalline silica particles has long been known to cause silicosis, a disabling and sometimes fatal lung disease. Respirable crystalline silica also causes lung cancer. Common workplace operations involving cutting, sawing, drilling, and crushing of concrete, brick, block, rock, and stone products (such as in construction operations), and operations using sand products (such as in glass manufacturing, foundries and sand blasting), can result in worker inhalation of small crystalline silica particles in the air. For more information, visit OSHA’s Crystalline Silica page.

OSHA reminds employers to post injury/illness summaries

Employers who are required to keep the OSHA Form 300 Injury and Illness log must post OSHA’s Form 300A from Feb. 1 to April 30, 2012 in a common area wherever notices to workers are usually posted. The summary must list the total numbers of job-related injuries and illnesses that occurred in 2011. All establishment summaries must be certified by a company executive.

Copies of the OSHA Forms 300, 300A and 301 are available for download on the OSHA Recordkeeping Web page. See OSHA’s Recordkeeping Handbook for more information on posting requirements for OSHA’s Form 300A.

OSHA cites Westinghouse plant in Newington, N.H., for inadequate safeguards against hexavalent chromium

OSHA has cited Cranberry, Pa.-based Westinghouse Electric Co. LLC for alleged willful and serious violations of workplace health standards at its Newington, N.H., stainless steel component manufacturing facility. The company faces a total of $82,000 in proposed fines following an inspection by OSHA’s Concord Area Office that was initiated in response to a complaint.

OSHA found that workers performing welding work in the main fabrication area were exposed to airborne concentrations of hexavalent chromium in excess of the permissible exposure limit, and engineering controls or work practices to reduce the exposure levels were not in place. Additionally, workers were wearing respirators even though they had not been medically evaluated to determine if they could safely do so, initial monitoring to determine hexavalent chromium exposure levels had not been conducted, medical surveillance was not made available for all potentially exposed workers, and dry sweeping and brushing, rather than other methods that would minimize the likelihood of exposure, were used to clean work areas. See the news release for more information.

Workplace exposure to hexavalent chromium may cause lung cancer as well as irritation or damage to the nose, throat, lungs, eyes and skin. Detailed information on hexavalent chromium hazards and safeguards is available on OSHA’s Hexavalent Chromium page.

Site-Specific Targeting Program inspections result in OSHA citations for employers in Texas and Ohio

OSHA’s Site-Specific Targeting (SST) program helps the agency focus enforcement resources on companies with injury and illness rates that exceed national standards. As part of the SST program, OSHA has recently cited two employers in Texas and one in Ohio for endangering worker safety and health.

OSHA has cited JSW Steel (USA) Inc. in Baytown, Texas, for violations including failing to ensure hazardous chemical containers were properly labeled, provide required machine guarding, provide covers for open pits and floor holes, and develop and conduct periodic inspections for lockout/tagout. Proposed penalties total $469,420. More details are available in the news release. Also in Texas, OSHA has cited Berridge Manufacturing Co. of San Antonio, which manufactures metal roofing components, with violations including failing to ensure workers were provided with fall protection while working from the tops of tanks, ensure that equipment was free from electrical hazards, provide the required machine guarding, and inspect overhead cranes. Proposed penalties total $131,670. For more information, see the news release.

In Troy, Ohio, OSHA has cited Hobart Brothers Co., a manufacturer of welding wire and ground power equipment for airplanes, with violations including inadequate lockout/tagout programs, fall protection and noise sampling. Proposed penalties total $174,600. Details of the violations are available in the news release.

OSHA cites Falls Stamping and Welding in Cleveland for workplace violations including lockout/tagout; proposed penalties exceed $124,000

OSHA has cited Falls Stamping and Welding Co. with a total of 19 — including one willful and three repeat — safety and health violations. OSHA began an inspection after receiving a complaint alleging a failure to lockout/tagout machinery energy sources at the company’s Cleveland metal stamping facility, which exposed workers to amputation hazards.

The willful violation has been cited for failing to ensure workers who lock out machinery, such as mechanical power presses, were trained in lockout/tagout procedures. The repeat violations include failing to provide machine guarding for equipment including lathes and shears, ensure that hand controls on mechanical power presses were in a fixed position to prevent workers from relocating them and ensure that safety blocks were used when changing the press die. Proposed penalties total $124,740. For more details about the citations, see the news release.

Due to the willful and repeat violations and the nature of the hazards, OSHA has placed Falls Stamping and Welding Co. in its Severe Violator Enforcement Program, which focuses on recalcitrant employers and mandates targeted follow-up inspections to ensure compliance with the law.

OSHA establishes local emphasis program to protect workers on Wisconsin dairy farms from common hazards

OSHA has established a local emphasis program to protect workers from hazards found on Wisconsin dairy farms, such as those related to manure storage, lack of vehicle roll-over protection, machine guarding, confined spaces and animal handling.

Since 2006, OSHA has conducted five fatality inspections at dairy farms in Wisconsin. Hazards cited have been related to animal handling, tractor rollover protection and manure pits. Under the new program, OSHA will conduct comprehensive safety and health inspections at dairy farms with more than 10 non-immediate family member employees and those that have had an active temporary labor camp within the last 12 months. Each inspection will include detailed questions to gather facts about common hazards related to horizontal bunker silos, control of hazardous energy, skid-steer and tractor operations, and hazard communication. See the news release for more information.

OSHA compliance assistance follows devastating storms in the Midwest

Immediately following the tornado that struck on Feb. 29, OSHA was on the ground to help workers and members of the public engaged in cleanup activities. OSHA safety officers conducted safety briefs with volunteers and workers and handed out OSHA fact sheets and QuickCards™ with important information associated with chainsaw safety, generators, tree trimming and personal protective equipment. Read the account of Region V OSHA Safety and Health Manager Christine Petitti for more details.

Following a natural disaster, OSHA’s role is to help protect workers and volunteers from potential hazards caused by the storm so they are not injured during recovery efforts. Workers and employers involved in such efforts can call 800-321-OSHA [6742] to reach an OSHA representative in their area who can provide on-site assistance. OSHA also provides fact sheets, QuickCards™, and other educational materials on safe work practices and personal protective equipment on its Tornado Recovery page.

Assistant Secretary for OSHA addresses United Steelworkers convention on worker safety

OSHA Assistant Secretary David Michaels addresses the United Steelworkers Convention
OSHA Assistant Secretary David Michaels addresses the United Steelworkers Convention.

On March 7, Assistant Secretary of Labor for OSHA Dr. David Michaels addressed the United Steelworkers’ (USW) Health, Safety and Environment Convention in Pittsburgh, Pa. Dr. Michaels described his efforts to educate employers on the value of injury and illness prevention programs, and to discourage employers from implementing programs or practices that discourage workers from reporting injuries and illnesses. Programs that discourage workers from reporting injuries can violate the OSHA law, but also undermine worker safety.

OSHA Assistant Secretary David Michaels addresses the United Steelworkers Convention
Dr. David Michaels thanked the USW for helping in OSHA’s efforts to protect worker safety and health.

Dr. Michaels also expressed thanks to the USW, which has been instrumental in helping OSHA protect workers from beryllium and other job hazards. The steelworkers have been supportive throughout the effort to harmonize OSHA’s Hazard Communication standard with the Globally Harmonized System for Classification and Labelling of Chemicals (GHS). As one steelworker expressed during OSHA’s rulemaking process, this update will give workers the right to understand, as well as the right to know. Dr. Michaels thanked the steelworkers for their involvement in OSHA’s hearings on the standard, which will improve the quality and consistency of hazard information in the workplace while making it safer for workers to do their jobs.

For more details and other highlights of Dr. Michaels’ address to the USW Convention, visit OSHA’s Speeches page.

OSHA and the Society for Chemical Hazard Communication renew Alliance to protect workers from exposure to chemical hazards

A renewed Alliance between OSHA and the Society for Chemical Hazard Communication (SCHC) will promote best practices to reduce worker exposure to hazardous chemicals. The renewed Alliance will help ensure that workers are aware of the chemical hazards to which they may be exposed, and help reduce chemical-related occupational illnesses and injuries.

OSHA’s partnership with the SCHC, through OSHA’s Alliance Program, will continue to address hazard communication and to increase awareness of the Globally Harmonized System of Classification and Labeling of Chemicals (GHS). For more information on OSHA’s Hazard Communication standard and GHS, visit OSHA’s Hazard Communication page. More details about the Alliance are available in the news release.

OSHA co-sponsors safety days across the United States

calendarIn upcoming events around the country, OSHA will co-sponsor safety and health training opportunities and conferences for workers, employers, and the general public. To learn about events in your area, including upcoming safety days, please visit OSHA’s conference calendar.

Job openings

Are you interested in a career with the Department of Labor? DOL has job opportunities throughout the country, including openings in OSHA.

Formaldehyde Risks in Depth – Concerns Rise Over Workplace Exposure

Source: AP

Beauty salons and mortuaries in recent years have received numerous OSHA citations for violating federal exposure standards for formaldehyde. Several hair-straightening products contain the carcinogenic chemical.

Although beauty salons and mortuaries have drawn the most citations and fines for violating the federal exposure standard for formaldehyde among smaller companies, employer awareness of the hazards of this carcinogenic chemical and the details of complying with the standard vary widely in these two predominantly middle-market industries.

Because funeral directors and embalmers have a long history of working with formaldehyde, which chemical experts say is indispensable for preparing the human body for viewing, the National Funeral Directors Assn. has developed a best practice protocol for working with formaldehyde.

By contrast, beauty salon owners and stylists generally lack a scientific background and don’t have a keen awareness of the danger of working with products that contain formaldehyde, experts say. This is complicated by the fact that manufacturers of several popular hair-straightening products containing formaldehyde have mislabeled the products and not disclosed their formaldehyde content, according to the Occupational Safety and Health Administration.

Another problem is that, for the lay person, there are many unrecognizable names for formaldehyde, including methylene glycol, formalin and oxomethane, according to OSHA.

From October 2010 through September 2011 among companies with up to 99 employees, beauty salons racked up 62 citations for violating OSHA’s formaldehyde standard; funeral homes and crematories drew 16 citations.

An OSHA hazard alert said the agency is investigating “complaints from stylists and hair salon owners about exposure to formaldehyde while using hair-smoothing products such as Brazilian Blowout, Brasil Cacau Cadiveau, Keratin Complex Smoothing Therapy and Marcia Teixeira….Some of these products were labeled formaldehyde-free.”

“OSHA has conducted air sampling at multiple salons and found formaldehyde in the air when stylists were using hair smoothing products,” according to the hazard alert.

In a December 2010 advisory, Health Canada said it found up to 7% formaldehyde content in some hair-straightening products.

In September 2011, OSHA said it cited two manufacturers and distributors of hair-straightening products, including Keratin Complex Smoothing Therapy and Marcia Teixeira, “for failing to ensure that material safety data sheets reflected the content of formaldehyde in the product or the hazards associated with formaldehyde exposure, as well as for failing to develop a written hazard communication program for their own employees.”

The Professional Beauty Assn., a trade group representing beauty salons, “strives to inform and educate the professional beauty industry on a variety of topics and issues,” Myra Irizarry, government affairs director in Scottsdale, Ariz., said in an email.

The PBA posted “What You Don’t Know Can Hurt You: A Message from OSHA” on its website, stating that OSHA “has found that some hair-smoothing products may contain formaldehyde, may release formaldehyde at levels above OSHA’s permissible exposure limits during use and may be mislabeled, all of which can pose health risks to salon workers.”

The PBA website also contains detailed information about OSHA and other health agency findings of formaldehyde in keratin-based hair products. It urged salon workers to follow OSHA’s formaldehyde standard, to stay informed and take appropriate precautions as the “controversy” continues to be studied.

Salon owners across the country surveyed by the Washington-based nonprofit Environmental Working Group last spring were either unaware of the formaldehyde content in Keratin Complex Smoothing Therapy and similar products, minimized the danger of exposure or considered the issue “controversial.”

The distributor of Brazilian Blowout posted a disclaimer on its website stating that “while the media continues to report that Brazilian Blowout contains 8% to 10% formaldehyde, it is important to understand that this relates to the measure of potential formaldehyde released at a level that never occurs in a real-world application.

“As federal OSHA is aware, the only accurate method of testing free formaldehyde exposure is via controlled air monitoring. Every controlled air monitoring test conducted by OSHA and alternate reputable institutions has produced results conveying that the Brazilian Blowout Smoothing Treatment falls well beneath even the most stringent of OSHA safety standards,” according to the distributor, Brazilian Blowout, North Hollywood, Calif.

“This information is now being communicated to the FDA, demonstrating that the Brazilian Blowout complies with all air monitoring guidelines.

“You can continue to confidently offer the Brazilian Blowout to your customers with the knowledge that the Brazilian Blowout falls well below the safety standards set by OSHA,” the distributor said.

Jeremy Lurie, marketing specialist at M&M International in Delray Beach, Fla., which distributes Marcia Teixeira keratin treatments, said the treatments do not contain formaldehyde. “I’ve never been one to shy away from truth in advertising,” he said, noting that the company’s website says that their original treatments contain methylene glycol, which produces a trace amount of formaldehyde gas when heated, and are “substantially below OSHA standards for safe exposure.”

“What caused the controversy is misrepresentation by other companies that their products are formaldehyde-free,” Mr. Lurie said. “Our newest products, Soft and Soft Chocolate, do not contain any ingredients that produce formaldehyde.”

On the Keratin Complex website, Larry Solomon, president, wrote: “We disagree with OSHA’s inflammatory and inaccurate report and we are asking for a full retraction. Keratin Complex not only complies with all OSHA standards, but we meet or exceed their safety standards and requirements.”

“Some salons have taken appropriate precautions by discontinuing the use of these products. However, as of the spring when we published our report, over 60% of top salons nationwide were still using keratin-straightening products,” said a spokeswoman for the Washington-based Environmental Working Group, which has urged the FDA to take these products off the market.

A small salon owner, who wished to remain unidentified, said that one distributor cited by OSHA “swore up and down there was no formaldehyde” in its keratin products. He continued: “We stopped using most of (them). We found that most of those companies haven’t been honest with us. A couple of clients want them and we have them sign a release, saying we’re not sure what’s in the product.”

Hair Cuttery, a national chain, advertises on its website that it provides a “Keratin Smoothing System.” In response to a question about what precautions are taken to protect stylists against formaldehyde exposure when using keratin products, a spokeswoman for Hair Cuttery parent Ratner Cos. in Vienna, Va., said in an email that “We do not use straightening products that contain formaldehyde in our salons.”

When questioned about this discrepancy and whether the company had discontinued using Keratin Smoothing System, she said, “The system we use is Bionaza Premiere Brazilian Keratin Treatment and it is formaldehyde-free.”

Salons across the country continue to advertise keratin hair- smoothing services on their websites, including Joseph Michael’s Salon & Spa in Chicago.

“The main precaution we take is a large carbon filter system that’s portable and goes with the stylist,” said Allison Vannoy, general manager. “We let the stylist decide whether to do the services or not. All are welcome to wear a mask, but most don’t. We haven’t seen any adverse results and if we do, we’ll take a second look,” she said. “We look at the (OSHA) regulations on a pretty regular basis,” she said.

“If you follow best practices management, you can use (formaldehyde) safely,” said John Reed Sr., owner of Dodd & Reed Funeral Home in Webster Springs, West Va., and past president of the NFDA. “A good exhaust system” is a main precaution as well as “absolutely monitoring the air” and wearing gloves and masks when working with products containing formaldehyde, he said.

“The best precaution is to follow OSHA guidelines, and really the best way is proper ventilation. Keep that air changing in the room,” said Vernie Fountain, a licensed funeral director and owner of Fountain National Academy in Springfield, Mo., which teaches “difficult embalming cases and post-mortem reconstructive surgery.”

“I know from limited experience with salons that they don’t have a safety and health or hazard communication program that they review with employees,” said Jack Luckhardt, president of safety and health consultant The Luckhardt Group in Oviedo, Fla. “They need to check the labels of all the materials they have and make sure they have a material safety data sheet. They need to get the information and make it available to employees and watch out for warning signs,” such as itching or burning in the eyes, said Mr. Luckhardt, a former board member of the American Society of Safety Engineers.

“But one of the problems they’re up against is there are manufacturers of hair care products that were labeled as formaldehyde-free, when in fact the products when heated release formaldehyde,” he said.

“I think a lot of the salons are flying blind,” Mr. Luckhardt said.

OSHA Fines Salons, Beauty Schools for Exposing Stylists to Formaldehyde in Hair Smoothing Products

Note: These Videos are from 2010 before the new OSHA warnings were recently published!

Posted by Paul Napoli – December 12, 2011 4:53 PM

Despite U.S. Department of Labor‘s Occupational Safety and Health Administration (OSHA) warnings about dangerous levels of formaldehyde released into the air from hair smoothing or straightening products, salon workers continue to suffer formaldehyde exposure in the workplace.

Concerns about formaldehyde in salon hair smoothing treatments first arose in 2010 when an Oregon salon stylist reported respiratory problems, eye irritation and nosebleeds when using a product labeled Brazilian Blowout. Oregon OSHA investigated the claim and found that although the product labeling said “formaldehyde free,” it actually contained formaldehyde.

In 2011, OSHA responded to complaints of formaldehyde exposure and issued citations and fines as high as $17,500 to 23 salons and beauty schools in New York, New Jersey, Pennsylvania, Florida, Illinois, Ohio, Connecticut and Massachusetts for failing to protect workers from overexposure and potential exposure to formaldehyde.

Primary routes of formaldehyde exposure for salon workers include inhalation of formaldehyde gas or vapor, and absorption through the skin via contact with products containing formaldehyde. It can irritate the eyes and nose and cause allergic reactions of the skin, eyes and lungs. It is also a cancer hazard.

OSHA requires manufacturers, importers and distributors of products that contain formaldehyde or release formaldehyde during use to list the chemical and exposure hazards on the product labeling and Material Safety Data Sheet (MSDS).

Salons using formaldehyde products must protect workers and customers by complying with OSHA’s formaldehyde standard.

Hair smoothing products that expose workers to formaldehyde may not always list the word “formaldehyde” on the label, instead listing it as methylene glycol, formalin, methylene oxide, paraform, formic aldehyde, methanol, oxomethane, oxymethylene, or CAS Number 50-00-0. These are all names for formaldehyde under OSHA’s Formaldehyde standard. Other chemicals such as timonacic acid (also called thiazolidinecarboxylic acid) can release formaldehyde under certain conditions, such as those present during the hair smoothing treatment process.

“We want to make sure that salon owners are aware that if they use these products, they have to implement protective measures such as air monitoring and training,” said Assistant Secretary of Labor for OSHA Dr. David Michaels in a statement. “What is very troubling to the agency is that some of these products clearly expose workers to formaldehyde even when the label states they are ‘formaldehyde free.’”

OSHA testing has identified several hair smoothing products that can expose workers to formaldehyde even though formaldehyde is not listed on the label, including the following brands:

Brazilian Blowout

  • Acai Professional Smoothing Solution
  • Professional Brazilian Blowout Solution

Cadiveu

  • Brasil Cacau
  • Acai Therapy

Copomon/Coppola

  • Keratin Complex Smoothing Therapy
  • Natural Keratin Smoothing Treatment
  • Natural Keratin Smoothing Treatment Blonde
  • Express Blow Out

Marcia Teixeira

  • Brazilian Keratin Treatment
  • Advanced Brazilian Keratin Treatment
  • Chocolate Extreme De-Frizzing Treatment
  • Soft Gentle Smoothing Treatment
  • Soft Chocolate Gentle Smoothing Treatment

“The best way to control exposure to formaldehyde is to use products that do not contain formaldehyde. Salons should check the label or product information to make sure it does not list formaldehyde, formalin, methylene glycol or any of the other names for formaldehyde,” said Michaels. “If salon owners decide to use products that contain or release formaldehyde, then they must follow a number of protective practices — including air monitoring, worker training and, if levels are over OSHA limits, good ventilation or respirators.”

OSHA QuickTakes – October 3, 2011

October 3, 2011 · Volume 10, Issue 19
OSHA at 40QuickTakes
A twice monthly e-news product with information about workplace safety and health.
In this issue

OSHA updates hazard alert on formaldehyde dangers to hair salon owners and workers

OSHA issued a revised hazard alert to hair salon owners and workers about potential formaldehyde exposure from working with certain hair smoothing and straightening products. Formaldehyde can irritate the eyes and nose; cause allergic reactions of the skin, eyes and lungs; and is a cancer hazard. The revised alert was prompted by the results of agency investigations, a warning letter issued by the U.S. Food and Drug Administration (FDA) and incorrect information recently sent to salons by a company that manufactures hair products. The revised hazard alert notifies salons that if they use products that contain or release formaldehyde (like timonacic acid), they must follow the requirements in OSHA’s formaldehyde standard. The alert also includes a list of other names for formaldehyde (e.g. methylene glycol, formalin, and methanal) and details about required information to be listed on product labels and material safety data sheets of products that contain or could release formaldehyde.

During recent investigations, OSHA’s air tests showed that workers were exposed to formaldehyde above OSHA’s limits in salons using Brazilian Blowout Acai Professional Smoothing Solution and Brasil Cacau Cadiveu, resulting in citations for multiple violations. The FDA issued a warning letter Aug. 22 to the importer and distributer of Brazilian Blowout Acai Professional Smoothing Solution stating that the product is adulterated and misbranded. Although the solution contains methylene glycol, which can release formaldehyde during the normal conditions of use, the product is labeled “formaldehyde free” or “no formaldehyde” and does not list formaldehyde on the material safety data sheet. Following an Aug. 24 letter sent by Brazilian Blowout to salon owners claiming that all OSHA air tests on its product yielded results below OSHA’s standard for exposure, the agency sent a letter* Sept. 22 to the company refuting that assertion. See the news release for more information.

OSHA issues updated Whistleblower Investigations Manual

OSHA released a new edition of its Whistleblower Investigations Manual, one of a series of measures announced in August to improve OSHA’s Whistleblower Protection Program. The new edition of the manual will provide further guidance to help ensure the consistency and quality of whistleblower investigations. It contains updates to case handling procedures and information on the new laws enacted since the manual was last updated in 2003. Key changes to the manual include a requirement that investigators make every attempt to interview the complainant in all cases; clarification that whistleblower complaints may be filed in any language either orally or in writing, and that OSHA will be accepting electronically filed complaints on its Whistleblower Protection Program Web site; and expanded guidance on dealing with uncooperative respondents and issuing administrative subpoenas during whistleblower investigations. See the news release for more information.

New guidance document aims to help employers prevent nail gun injuries

Nail Gun SafetyOSHA and the National Institute for Occupational Safety and Health (NIOSH) developed Nail Gun Safety – A Guide for Construction Contractors* to help construction employers and workers prevent work-related nail gun injuries, which are responsible for approximately 37,000 emergency room visits annually. Construction workers, particularly those in residential construction, use nail guns nearly every day. Although this tool is easy to operate and increases productivity, injuries occur as a result of unintended nail discharge; nails that bounce off a hard surface or miss the work piece and become airborne; and disabling the gun’s safety features, among other causes. Injury prevention is possible if contractors take steps such as using full sequential trigger nail guns. See the news release for more information.

Preventing worker deaths from trench collapses is goal of new OSHA publications

Trenching PosterOSHA’s new trenching poster warns that “an unprotected trench is an early grave.”

OSHA has three new guidance products to educate employers and workers about the hazards in trenching operations. Unprotected trenches are among the deadliest hazards in the construction industry and the loss of life is devastating: since 2003, more than 200 workers have died in trench cave-ins, and hundreds more have been seriously injured. The new products include a fact sheet*, QuickCard* and a poster* that warns, “An Unprotected Trench is an Early Grave.” The three documents may be ordered in English- and Spanish-language versions from the Publications page of OSHA’s Web site. See the news release for more information.

OSHA extends comment period on proposed revisions to the occupational injury and illness tracking and reporting requirements

OSHA reopened the rulemaking record to extend the comment period on revising the recordkeeping and reporting requirements for work-related injuries and illnesses. OSHA is extending the comment period in response to a stakeholder request. Individuals interested in submitting comments must do so by Oct. 28.

Under the revised proposal, employers would be required to report to OSHA any work-related fatalities and all in-patient hospitalizations within eight hours, and work-related amputations within 24 hours. OSHA currently requires employers to report to OSHA, within eight hours, all work-related fatalities and in-patient hospitalizations of three or more employees. OSHA is also proposing to update the list of partially exempt industries from the requirements to maintain work-related injury or illness logs. These industries received partial exemption because of their relatively low injury and illness rates. See the Federal Register notice for details on how to submit comments.

OSHA seeks stakeholder input on agency training program OSHA is hosting an extended Web forum Oct. 3-31 to solicit stakeholder input on how to improve occupational safety and health training offered to private sector workers, supervisors, and employers through the OSHA Training Institute (OTI) Education Centers Program. Individuals can submit suggestions online.

OTI Education Centers offer courses and seminars on a variety of safety and health topics and assist the agency in administering the OSHA Outreach Training Program. With a national network of more than 17,000 independent trainers, OTI Education Centers have trained more than 300,000 students, and the number of participants has increased every year since the program began in 1992.

See the news release for more information about the Web Forum.

New Web page provides safety and health training resources for employers and workers OSHA’s new Safety and Health Training Resources page was developed to help users locate occupational safety and health training materials. The page provides links to materials developed by Susan Harwood Training Grant awardees, trainer materials, videos available through OSHA’s Resource Center Loan Program, OSHA-developed materials and links to training resources by other organizations. All materials are free and many are available in several languages.

OSHA offers a wide range of training resources to help broaden worker and employer knowledge on how to recognize, avoid and prevent safety and health hazards in their workplaces.

Asbestos contractor sentenced to six years in prison for violating Clean Air Act and lying to OSHA

The Department of Justice (DOJ) announced Sept. 22 that asbestos contractor Keith Gordon-Smith, owner of Gordon-Smith Contracting, convicted of multiple counts of violating the Clean Air Act and lying to OSHA inspectors, was sentenced to 72 months in prison and ordered to pay $300,000 in restitution. DOJ stated that the defendant caused employees of Gordon-Smith Contracting Inc. to improperly remove asbestos during the partial demolition of a building on the site of the former Genesee Hospital in Rochester, N.Y.

“The Court’s sentence properly punishes Gordon-Smith and his company for the egregious crimes that placed workers and their families at risk and for his complete disregard of the environmental laws that protect human health and the environment,” said Ignacia S. Moreno, Assistant Attorney General for the Environment and Natural Resources Division of the Department of Justice.

Among other things, Gordon-Smith ordered workers to tear out copper pipes and scrap metal from a six-story building that contained over 70,000 square feet of asbestos. When the workers–who were not provided with any masks or protective clothing–removed the pipes, ceiling tiles and scrap metal, they were repeatedly exposed to asbestos which they told jurors was falling on them “like snow.” Workers testified that Gordon-Smith repeatedly told them that the material was not asbestos. Following worker complaints, OSHA sent an inspector to the Genesee Hospital to ensure that the workers were protected. On three separate occasions, Gordon-Smith falsely denied that any pre-abatement disturbance of asbestos took place. He falsely stated that tiles and scrap metal were torn out by other, unknown parties, when in fact he had himself ordered his workers to do so. See the news release* for more information.

Fall Protection: New compliance assistance factsheets provide information for preventing fatal falls in residential construction

OSHA has three new fact sheets offering information on reducing falls during residential construction. The fact sheets focus on Installing Roof Trusses*, Installing Tile Roofs* and Roof Repair*. They include information on the hazards involved in working on roofs, the proper use of ladders, scaffolds, aerial lifts and Personal Fall Arrest Systems (PFAS) such as body harnesses, lanyards and lifelines. These fact sheets are just a few of the training and compliance assistance materials available in many formats on OSHA’s Residential Fall Protection Web page to help the residential construction industry comply with the new residential construction fall protection directive. They include a slide presentation that describes safety methods for preventing injuries and deaths from falls, and explains techniques currently used by employers during various stages of construction. These techniques involve the use of conventional fall protection systems including safety nets, guardrails, and PFAS.

Trailer manufacturer fined nearly $1 million for failing to protect workers from serious safety and health hazards

OSHA fined PJ Trailers Manufacturing Co. Inc. and another company it owns, Delco Trailers Co. Inc., $949,800 for exposing workers to unguarded machinery, fall hazards, accumulations of potentially hazardous dust, and other dangers. OSHA cited the company for seven willful, 26 serious and nine repeat violations. OSHA initiated its inspection following a complaint that employees were not adequately protected from being injured by rotating machinery parts and inhaling toxic welding fumes while fabricating trailers. Since 2008, at least 15 workers suffered eye injuries requiring medical treatment and or days away from work at the facility. See the news release for more information.

Company ordered to pay $500,000 for violating worker’s whistleblower protection rights

OSHA found Bond Laboratories Inc. and former CEO Scott Landow in violation of the whistleblower protection provisions of the Sarbanes-Oxley Act for improperly firing an employee. The company and Landow were ordered to re-hire the employee and pay approximately $500,000 in back wages, interest and compensatory damages. The findings follow an OSHA investigation begun in response to a complaint from the employee. Landow and Bond Laboratories, formerly based in Solana Beach, Calif., allegedly terminated the complainant, an officer, for objecting to the manipulation of sales figures that misrepresented the company’s value to potential investors. OSHA determined that the complainant’s repeated objections contributed to the decision to terminate the complainant. See the news release for more information.

OSHA seeks member nominations for advisory groups on maritime and federal worker occupational safety and health

NACOSH OSHA is seeking nominations for membership to the National Advisory Committee on Occupational Safety and Health (NACOSH). NACOSH was established under the Occupational Safety and Health Act of 1970 to advise the Secretaries of Labor and Health and Human Services on matters relating to the administration of the Act. Nominations will be accepted for representatives in the following categories: public, management, labor, occupational safety and occupational health. Members will serve a two-year term. Nominations can be submitted online, by mail, or by fax. Nominations must be submitted no later than Nov. 28. See the Federal Register notice for more information. FACOSH OSHA is extending the deadline for submitting membership nominations to the Federal Advisory Council on Occupational Safety and Health (FACOSH). OSHA is extending the deadline to Oct. 31. Nominees will fill three labor and three management representative vacancies. FACOSH advises the Secretary of Labor on occupational safety and health issues related to the federal workforce. This includes providing federal agencies with advice on how to reduce the number of injuries and illnesses in the workforce and how to encourage federal agencies to establish and maintain effective occupational safety and health programs. Nominations may be submitted online, by mail, or by fax. See the Federal Register notice for more information.

Maritime advisory committee provides OSHA with recommendations at recent meeting

OSHA held a meeting Sept. 20-21 of the Maritime Advisory Committee for Occupational Safety and Health (MACOSH) at the Eastland Park Hotel in Portland, Maine. MACOSH advises the Assistant Secretary of Labor for Occupational Safety and Health on worker safety and health in the maritime industries. The 15-member committee discussed person in water (man overboard); cargo handling equipment; confined space ventilation; selection of welding shade protection; safe entry and cleaning practices in vessel sewage tanks; best practices in eye injury reduction; toxic materials; and injury and illness prevention programs. At the conclusion of the meeting, MACOSH made a recommendation that OSHA publish the Welding Shade fact sheet approved by the committee.

Safety video contest opens to Oregon students

High school students across Oregon are invited to enter the 2012 “Save a Friend. Work Safe.” video contest. The top three entries will take home cash prizes ranging from $300 to $500 and students will earn a matching amount for their school. Oregon OSHA and The Oregon Young Employee Safety Coalition (O[yes]) are among the organizations sponsoring the contest. The contest is designed to increase awareness about safety on the job for young people. Students must create a 45-second public service announcement with the overall theme of “Save a Friend. Work Safe.” The deadline for submissions is Feb. 1, 2012. See the news release* for more information.

Fiberglass company achieves safety excellence with help from OSHA’s free On-site Consultation Program

Tecton Products LLC designs and manufactures custom fiberglass products at a Fargo, N.D., facility that operates 24 hours-per-day, seven days-per-week. Tecton requested a visit from OSHA’s free On-site Consultation Program to find out about potential hazards at its facility and improve its occupational safety and health management system. Implementing recommendations made by OSHA’s consultant, Tecton became the first company in North Dakota to earn OSHA’s Safety and Health Achievement Recognition Program (SHARP) designation for its exemplary safety and health management systems. Continuing its efforts to achieve safety and health excellence, Tecton applied and was accepted to OSHA’s Voluntary Protection Programs (VPP), which recognize employers and workers who have implemented effective safety and health management systems and maintain injury and illness rates below national averages in their industry. Tecton’s Director of Engineering, Tom Gohdes, said, “Safety is a part of our culture. It comes from attitude and actions. Our associates begin safety training on their first day. The process never stops.” See the online success story for more information.

OSHA convenes roundtable of Alliance partners in the construction industry

During a Sept. 20 meeting with the Alliance Program Construction Roundtable, OSHA provided participants with updates on the agency’s activities and priorities related to the construction industry. Roundtable members heard presentations on OSHA’s new compliance assistance materials and efforts to reach workers with limited English proficiency, and were asked for their feedback on OSHA’s Heat Illness Prevention Campaign. The National Institute for Occupational Safety and Health (NIOSH) presented information on its recent Prevention Through Design Conference. The roundtable was created to discuss and share information on workplace safety and health, as well as develop and share construction-related compliance assistance tools and other resources for workers and employers.

OSHA celebrates 40 years of helping to ensure healthier workers, safer workplaces and a stronger America Throughout 2011, OSHA is presenting a series of materials and activities to celebrate the agency’s 40th anniversary. Visit the OSHA at 40 Web page for resources including a short video using old and new footage to highlight key moments in the agency’s history, an interactive timeline and a commemoration of the 1911 Triangle shirtwaist factory fire. The page also links to an anniversary message from OSHA Assistant Secretary David Michaels as well as a video of his participation in a panel discussion on the nation’s progress in worker safety and health over the past forty years and the challenges that lie ahead.

Job openings

Are you interested in a career with the Department of Labor? DOL has job opportunities throughout the country, including openings in OSHA.

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OSHA Update – Hair Smoothing Products That Could Release Formaldehyde

Hazard Alert Update
Hair Smoothing Products That Could Release Formaldehyde

During Federal OSHA investigations, air tests showed formaldehyde at levels above OSHA’s limits in salons using Brazilian Blowout Acai Professional Smoothing Solution, labeled “formaldehyde free,” and Brasil Cacau Cadiveu, resulting in violations and citations.

The Occupational Safety and Health Administration (OSHA) and several State OSHA programs are investigating questions and complaints from hair salon owners and workers about possible formaldehyde exposure from hair smoothing products. Some of these products have been labeled as “formaldehyde-free.” Oregon’s Occupational Safety and Health Administration [36 KB PDF, 2 pages], California’s Occupational Safety and Health Administration [34 KB PDF, 2 pages], the Connecticut Department of Public Health, and several other state agencies have already issued warnings about these products to salon owners, stylists, other salon workers, and clients. The National Institute for Occupational Safety and Health (NIOSH) has also completed a Health Hazard Evaluation [150 KB PDF, 11 pages] for salon workers that assessed risks posed from using a specific hair smoothing product in a single salon. In addition, the Food and Drug Administration (FDA) has issued a warning letter to the importer and distributor of Brazilian Blowout Acai Professional Smoothing Solution (GIB LLC dba Brazilian Blowout) identifying this product as adulterated and misbranded because it contains methylene glycol, which can release formaldehyde during the normal conditions of use, and because the label makes misleading statements (“Formaldehyde Free” or “No Formaldehyde”). This Hazard Alert provides updated information about OSHA’s investigations, the health hazards of formaldehyde, and how to protect workers using hair smoothing products that contain or release formaldehyde.

Flat IronWhat have OSHA’s investigations found?

Federal OSHA and State OSHA programs continue to investigate complaints from stylists and hair salon owners about exposure to formaldehyde while using hair smoothing products such as: Brazilian Blowout (Acai Professional Smoothing Solution, Professional Brazilian Blowout Solution), Brasil Cacau Cadiveu, Keratin Complex Smoothing Therapy (Natural Keratin Smoothing Treatment, Express Blow Out, Natural Keratin Smoothing Treatment Blonde), and Marcia Teixeira (Advanced Brazilian Keratin Treatment, Extreme De-Frizzing Treatment). OSHA has conducted air sampling at multiple salons and found formaldehyde in the air when stylists were using hair smoothing products. Some of these products were labeled “formaldehyde free” or did not list formaldehyde on the product label or in the Material Safety Data Sheet (MSDS). In most cases, where the label did not state that the product had formaldehyde in it, OSHA found that hair salon owners using those products did not know that hair smoothing products contain or could expose workers to formaldehyde because manufacturers, importers, and distributors did not include the correct hazard warnings on the product’s label or MSDS.

During Federal OSHA investigations, air tests showed formaldehyde at levels above OSHA’s limits in salons using Brazilian Blowout Acai Professional Smoothing Solution, labeled “formaldehyde free,” and Brasil Cacau Cadiveu. Both Federal and State OSHA have found violations at several manufacturers, importers, and distributors (GIB LLC dba Brazilian Blowout, Keratronics Inc., Pro Skin Solutions, M&M International Inc., Copomon, INOVA Professional). The violations include failing to list formaldehyde as a hazardous ingredient on the MSDS (the hazard warning sheet) provided to downstream users (e.g., salon owners, stylists), failing to include proper hazard warnings on product labels, and failing to list the health effects of formaldehyde exposure on the MSDS. Labels must include ingredient and hazard warning information and the MSDS must provide users with information about the chemicals in a product, the hazards to workers, and how to use a product safely.

Recent reports from Federal OSHA, Oregon OSHA,  and California OSHA should alert salon owners and stylists to look closely at the hair smoothing products they are using to see if they contain methylene glycol, formalin, methylene oxide, paraform, formic aldehyde, methanal, oxomethane, oxymethylene, or CAS Number 50-00-0. All of these are names for or treated as formaldehyde under OSHA’s Formaldehyde standard.  There are also chemicals, such as timonacic acid (also called thiazolidinecarboxylic acid), that can release formaldehyde under certain conditions, such as those present during the hair smoothing treatment process. Products that contain these chemicals can expose workers to formaldehyde. Employers who use, manufacture, import, or distribute the products must follow OSHA’s formaldehyde standard.

The first reports about formaldehyde in hair smoothing products surfaced when Oregon OSHA investigated a complaint from a hair stylist who had nosebleeds, eye irritation, and trouble breathing while using a Brazilian Blowout product labeled “formaldehyde-free.” After testing the product, Oregon OSHA found that the product contained formaldehyde, a chemical that can cause the health problems reported by the stylist. Oregon OSHA tested more than 100 samples of keratin-based hair smoothing products and found formaldehyde levels in some products well above what could legally be labeled as “formaldehyde-free.” In addition to the Brazilian Blowout products, Oregon OSHA found that other manufacturers, importers, and distributors of hair smoothing products also had not listed formaldehyde or included hazard information on the label or in the MSDS. Based on these findings, Oregon OSHA published a Hazard Alert [495 KB PDF, 2 pages] and a full report [210 KB PDF, 34 pages] in October 2010. Oregon OSHA also alerted Federal OSHA and State OSHA programs where the products were manufactured, imported, or distributed because the hazard information for the product was not correct and did not meet the requirements of OSHA’s Hazard Communication standard (29 CFR 1910.1200 or State equivalent).

OSHA continues to work with other agencies (e.g., Food and Drug Administration, National Institute for Occupational Safety and Health) to look at formaldehyde exposures in other salons and to make sure that workers and the public have correct information about these products. More information on the background and reports from OSHA and other agencies, including the recent NIOSH Health Hazard Evaluation [150 KB PDF, 11 pages] and the FDA’s warning letter can be found here.

What is formaldehyde and how can it affect my health?

Formaldehyde is a colorless, strong-smelling gas that presents a health hazard if workers are exposed. You can be exposed to formaldehyde if you breathe it into your lungs, if it gets into your eyes, or if it is contained in a product that gets onto your skin. You can also be exposed accidentally if you touch your face, eat food, or drink after using a product containing formaldehyde without first washing your hands. It can irritate the eyes and nose, and cause coughing and wheezing. Formaldehyde is a “sensitizer,” which means that it can cause allergic reactions of the skin, eyes, and lungs such as asthma-like breathing problems and skin rashes and itching. When formaldehyde is in a product that gets sprayed into the eyes, it can damage the eyes and cause blindness. It is also a cancer hazard. Formaldehyde is a health hazard, whether in a product or in the air. OSHA’s Formaldehyde standard 29 CFR 1910.1048 covers employers who use formaldehyde, and products that contain or release formaldehyde. (OSHA has also published a Formaldehyde Fact Sheet [43 KB PDF*, 2 pages].) For more information about formaldehyde, click here.

Flat IronWhy do some hair smoothing products expose me to formaldehyde?

Many keratin-based hair smoothing products contain formaldehyde dissolved (and chemically reacted) in water and other ingredients in the product. Because of the way the formaldehyde reacts in these products, some manufacturers, importers, or distributors might list other names for formaldehyde on product information or might claim that the product is “formaldehyde-free.” Formaldehyde might be listed as methylene glycol, formalin, methylene oxide, paraform, formic aldehyde, methanal, oxomethane, oxymethylene, or CAS Number 50-00-0. All of these are names for formaldehyde under OSHA’s Formaldehyde standard. There are also chemicals, such as timonacic acid (also called thiazolidinecarboxylic acid) that can release formaldehyde under certain conditions, such as those present during the hair smoothing treatment process. The bottom line is that formaldehyde can be released from hair smoothing products that list any of these names on the label and workers can breathe it in or absorb it through their skin. Workers can be exposed to formaldehyde during the entire hair straightening process, especially when heat is applied (e.g. blow-drying, flat ironing).

How would I know if the product I’m using could expose me to formaldehyde?

Read the product label and MSDS to determine if they list methylene glycol or any of the other names for formaldehyde listed above. If they do, the product can expose you to formaldehyde. Under OSHA’s Hazard Communication standard, salon owners and other employers must have an MSDS for each product used in the salon that contains a hazardous chemical. Employers need to review the MSDSs they receive and make sure they understand the hazards of the products they use in their salon(s). They must also make the MSDSs available to their workers (e.g., stylists) and train all workers using the product about the hazards and how to use it safely. If employers do not receive an MSDS automatically, they should request one. If the MSDS does not look complete (e.g., blank spaces that are not completed) then the employer should request a new one from the manufacturer. If the request does not produce the information needed, then the employer should contact the local OSHA Area Office for assistance in obtaining the MSDS.

Be aware that an MSDS may not contain all of the hazard information required, as initially found in the case of Brazilian Blowout products. In the Oregon case, it was only after a stylist reported health problems while using the products that the investigation began. Workers need to report any health problems they think are from the products they use in the workplace to their employer and employers need to follow up on reports of health problems from workers.

When are manufacturers, importers, and distributors of hair smoothing products required to list formaldehyde as an ingredient in their products?

OSHA requires manufacturers of products that contain or release formaldehyde to include information about formaldehyde and its hazards on the label and in the MSDS. Formaldehyde must be listed if it is in the product at 0.1% or more (as a gas or in solution) or if the product releases formaldehyde above 0.1 parts of formaldehyde per million parts (ppm) of air. Salons and other employers that directly import hair smoothing products from other countries have the same responsibilities as a manufacturer under the Hazard Communication standard – they must determine the hazards of the product and develop labels and MSDSs that communicate the hazards to users.

If a product contains 0.1% or more formaldehyde or can release formaldehyde into the air above 0.1 ppm, then the product label must include the following information, as required by OSHA’s Formaldehyde standard, 29 CFR 1910.1048(m)(3):

  • a statement that the product has formaldehyde in it;
  • the name and address of the manufacturer, importer, or other company responsible for the product;
  • a statement that the employer and MSDSs can readily give health hazard information.

Additionally, if the product can release formaldehyde into the air above 0.5 ppm, the label must also have the following information:

  • a list of all product health and safety hazards;
  • the phrase “Potential Cancer Hazard.”

The MSDS must include the following information, as required by OSHA’s Formaldehyde standard, 29 CFR 1910.1048(m)(4) and OSHA’s Hazard Communication standard, 29 CFR 1910.1200(g):

  • name of the product used on its label
  • name (including common names) of all hazardous chemicals in the product at more than 1% (or more than 0.1% for carcinogens such as formaldehyde), or that could be released into the air above the limits set by OSHA or the American Conference of Governmental Industrial Hygienists (ACGIH), or could be a health risk to employees
  • health and safety information for each listed hazardous chemical – including physical properties and health hazards
  • common ways that people are exposed to the product and its hazardous ingredients
  • exposure limits (the limit of how much can be in the air)
  • whether the chemical is listed as a carcinogen by OSHA, the International Agency for Research on Cancer (IARC) or the National Toxicology Program (NTP)
  • how to safely store and use the product, including what protective equipment to wear and what to do in an emergency
  • the name, address, and telephone number of the company or person responsible for preparing the MSDS, and the date it was made or last changed

What can I do to reduce exposure to formaldehyde when using formaldehyde releasing hair smoothing/straightening products?

Employers, stylists, and other salon workers should read the product information and MSDSs for the products they buy and use so that they know what chemicals are in them and how to use them safely in the workplace. The best way to control exposure to formaldehyde is to use products that do not list formaldehyde, formalin, methylene glycol, or any of the other names for formaldehyde listed above on the label or in the MSDS. Beauty care companies are now making and selling products that they claim do not contain formaldehyde in the solution. Choosing one of these products might eliminate the risk of formaldehyde exposure. Note that just because a product doesn’t list formaldehyde, formalin, or methylene glycol does not mean that it does not contain any other hazardous ingredients.

If salon owners decide to use products that contain or release formaldehyde, then they must follow the requirements in OSHA’s Formaldehyde standard. The standard requires that employers test the air to find out the level of formaldehyde present in the air when the product is being used. If the test shows that formaldehyde is present at levels above OSHA’s limits (0.75 parts of formaldehyde per million parts (or ppm) of air during an 8-hour work shift or 2 ppm during any 15-minute period), then the employer must:

  • Install air ventilation systems in the areas where these products are mixed and used to help keep formaldehyde levels below OSHA’s limit and perform regular maintenance to make sure the systems work correctly;
  • When possible, require workers to use lower heat settings on blow-dryers and flat irons used during the process;
  • Give workers respirators, if needed; train them to use the respirator properly; and meet the other requirements in OSHA’s Respiratory protection standard, 29 CFR 1910.134;
  • Ensure workers understand the information on a product’s label and MSDS;
  • Post signs at entryways to any area where formaldehyde is above OSHA’s limit to tell workers of the danger and stating that only authorized personnel may enter;
  • Tell workers about the health effects of formaldehyde, how to use the product safely, and what personal protective equipment to wear while using the product; and
  • Train workers how to safely clean up spills and properly throw products out.

In addition, where the tests show that formaldehyde is present in the air at a level of 0.5 ppm during an 8-hour work shift or 2 ppm during any 15-minute period, then the employer must:

  • Get workers the right medical attention (e.g., doctor exams), and
  • Test the air periodically to make sure that formaldehyde levels are below OSHA’s limits.

Whether or not air tests show formaldehyde levels above OSHA’s limits, employers must follow certain parts of the standard if a product contains formaldehyde:

  • Give employees appropriate gloves and other personal protective equipment (e.g., face shield, chemical splash goggles, chemical-resistant aprons) and train them on how to use this equipment while mixing and applying the products;
  • Explain to workers how to read and understand the information on a product’s label and MSDS;
  • Make sure the workplace has eye and skin washing equipment if products that contain formaldehyde could be splashed onto the workers’ skin or into their eyes;
  • Train workers how to safely clean up spills and properly throw products out; and
  • Get workers the right medical attention (e.g., doctor exams) if they develop signs and symptoms of an exposure to formaldehyde or are exposed to large amounts of formaldehyde during an emergency (e.g., a large spill).

Employers must also keep records of the air tests they perform, any medical attention needed by their employees, and respirator fit-testing.

For more information about how to control formaldehyde exposures in hair salons, read Oregon OSHA’s hazard alert [495 KB PDF, 2 pages] and Cal/OSHA’s Advisory [33 KB PDF, 2 pages].

How can OSHA help you?

OSHA continues to monitor ongoing inspections that may have nationwide impact to ensure that health hazards and appropriate protections for products containing hazardous chemicals are communicated properly on the labels and MSDS. OSHA developed this alert to give workers and employers useful, up-to-date information on formaldehyde hazards that might be present when using hair smoothing products that contain or release formaldehyde. Employers and workers should read OSHA’s Formaldehyde Fact Sheet [43 KB PDF*, 2 pages] for more information about formaldehyde hazards and how to work with it safely. Contact your local OSHA office if you have any questions about a product that you are using or its MSDS. Hair salon owners can also contact OSHA’s free and confidential consultation service to help determine if there are hazards at their workplace. On-site consultations do not result in penalties or citations. To contact OSHA’s consultation service, visit OSHA’s website or call 1-800-321-6742.

What rights do workers have?

En EspañolTiếng Việt Nam

Workers have a right to a safe workplace. The Occupational Safety and Health Act of 1970 (OSH Act) was passed to prevent workers from being killed or seriously harmed at work. The law requires employers to provide their employees with working conditions that are free of known dangers. The OSH Act created the Occupational Safety and Health Administration (OSHA), which sets and enforces protective workplace safety and health standards. OSHA also provides information, training and assistance to workers and employers. Workers may file a complaint to have OSHA inspect their workplace if they believe that their employer is not following OSHA standards or that there are serious hazards.

Contact us if you have questions or want to file a complaint. We will keep your information confidential. We are here to help you.

FDA to Brazilian Blowout: Reduce Formaldehyde Content Promptly

September 10, 2011 – By ■ Elizabeth Cunningham Perkins

The U.S. Food and Drug Administration (FDA) has given the maker of the hair-smoothing product Brazilian Blowout, offered by high-end salons, until September 12 to reduce the product’s level of formaldehyde to acceptable levels, or face enforcement action.

Brazilian Blowout, a hair-smoothing treatment that can cost in the hundreds of dollars, according to Market Watch, that is available through licensed salons as well as some beauty product retailers, and is marketed by an eponymously known company, was reported on by Digital Journal in July, because the product has proved profitably popular with celebrity and wealthy salon customers, though investigations of safety concerns over its formaldehyde content by state and federal regulatory agencies and scientific researchers began over a year ago.

The FDA and the U.S. Occupational and Safety and Health Administration (OSHA) in October 2010 investigated and warned about the presence of formaldehyde, a common manufacturing chemical and byproduct and known carcinogen, in Brazilian Blowout, following up on complaints and research about upper-respiratory and skin irritation from use of the keratin-based frizz-taming hair-care product that began in July 2010 in California and Oregon.

OSHA has published a hazard alert to salon owners and workers for Brazilian Blowout and similar products, outlining the risks of exposure to formaldehyde that could be released into the air around stylists and customers or could contact their skin during hair-smoothing treatments, though the products were often labeled “formaldehyde-free.”

The FDA on August 22 sent Brazilian Blowout a warning letter about Brazilian Blowout Acai Professional Smoothing Solution and all similar Brazilian Blowout products (that fall under the FDA’s jurisdiction as a cosmetic), giving the company 15 working days to advise the agency of steps to correct labeling and content violations (the “formaldehyde-free” claim and the unacceptable formaldehyde levels), assure future regulatory compliance and document that the corrections have been achieved.

But in a brief statement on its website, Brazilian Blowout claimed the company was “delighted to be working directly with the FDA to clear up the controversy,” and promised updates, assuring it can demonstrate compliance with state and federal FDA and OSHA regulations.

In November 2010, the California attorney general’s office sued the company that makes Brazilian Blowout for failing to warn it contained formaldehyde and incorrectly claiming the product was “formaldehyde-free,” California Watch reported.

In December 2010, Brazilian Blowout sued the Oregon OSHA, seeking an injunction to stop the reporting of test results, but dropped the suit in March, OregonLive.com reported.

In February, a New York City hair stylist filed a $5 million lawsuit against a California company that manufactures Brazilian Blowout, separate from the California attorney general’s class-action lawsuit that is still in progress, claiming “significant physical injuries” from use of the product, the news website Ology reported recently.

The industry news website Stylist reported in March, that Brazilian Blowout Zero was the company’s solution to the problem, and in April published a customer’s account of her expensive experiences of “the good, the bad and the downright ugly” using both versions to smooth her extreme hair-frizziness.

In May, the Truth In Aging beauty and skin-care product review website reported actress Mary-Louise Parker claimed she lost hair from the Brazilian Blowout treatment and advised against it.

Read more: http://www.digitaljournal.com/article/311321#ixzz1XhrDWnRh