Certain 3M Respirator Cartridges Recalled
The 3M Company is voluntarily recalling certain chemical cartridges used in the Breathe Easy™ powered air-purifying respirator (PAPR) product line, according to a release by the National Institute for Occupational Safety and Health. The 3M Company has determined that certain chemical cartridges may not meet one of the performance requirements outlined in Title 42, Code of Federal Regulations Part 84. While these cartridges will still provide protection against the contaminants for which they were certified, under hot and humid conditions, the service life against some gases and vapors may be reduced.

Therefore, the 3M Company is voluntarily recalling the following Breathe Easy™ PAPR cartridges manufactured before August 23, 2001:

  • 456-00-01R06 OV Cartridge (A)
  • 453-00-01R06 OV/HE Cartridge (AP3)
  • 456-03-01R06 OV/CL/HC/SD Cartridge (AE)
  • 453-03-01R06 OV/CL/HC/SD/HE (AEP3)

Each cartridge is printed with an expiration date on the back. Cartridges with expiration dates before 8/2006 are affected.

The 3M PAPR systems that use these cartridges are: 260-09-01RA01, 260-09-14RA01, 260-10-21LRA01, 260-10-21RA01, 260-10-23RA01, and 260-10-23A01.

Questions concerning this issue should be directed to 3M at 1-800-328-1667.


OSHA Appoints Compliance Specialists
The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has appointed nine compliance-assistance specialists to offices in; Alabama, Georgia, Mississippi and Florida.

The specialists are intended to ensure that large and small businesses throughout the region get the technical assistance they need to comply with workplace safety and health standards, and to provide training, education and compliance assistance to those who have been reluctant to seek OSHA assistance in the past.

The specialists are separate from the agency’s enforcement program, so businesses that use this service will not triggering OSHA enforcement action when they seek responses to questions, assistance in establishing a safety and health program or help with addressing workplace hazards.

Ergonomics Rule Postponed
The U.S. Department of Labor announced that it will temporarily postpone the announcement of a plan of action on ergonomics, due to the agency’s heavy involvement in the rescue and recovery efforts at the World Trade Center and the Pentagon.

The announcement, which was expected this month, will be made later this Fall.

In July, the Department conducted three forums in Virginia, Illinois and California, to solicit public comment on ergonomics. Witness testimony and written comments are under review.


DOL
Reservist Rights Under USERRA
The U.S. military is currently calling up thousands of U.S. National Guard and Reserve troops, and larger call-ups may still come. During this time it is important for employers to comply with the Uniformed Services and Reemployment Rights Act (USERRA) of 1994, which is intended to minimize the disadvantages to individuals that occur when they are absent from civilian jobs to serve in the armed forces.

Some key points of the Act for employers to consider:

  • An employer cannot refuse to grant leave simply because the employer determines the timing or duration of such leave is unreasonable.
  • Under federal law, employers are not required to compensate employees for absences due to military service. However, a worker may choose (but an employer cannot require an employee) to use accrued vacation time for the purpose of military leave.
  • Workers on military leave are entitled to the same benefits provided to employees absent on other leave, such as employees on Family Medical Leave Act (see article on page 34).
  • Staff returning from military leave under honorable conditions are entitled to reinstatement to the positions that they would have attained if they had not gone on military leave. Employers do not necessarily have the option of initially offering other jobs of equivalent status and pay.

USERRA is administered by the United States Department of Labor through the Veterans’ Employment and Training Service (VETS). VETS provides assistance to those people experiencing problems with civilian employment.

This information is intended as a summary of legal information and should in no way be construed as legal advice. Contact your attorney before proceeding with any legal action.