Foulke Steps Down, Stohler Named Acting Head of OSHA

Thomas M. Stohler has been named Acting Assistant Secretary of Labor for OSHA after Edwin G. Foulke Jr. left the position to join Fisher & Phillips LLP, an Orlando law firm that represents companies in employment cases.

Stohler had been Deputy Assistant Secretary for OSHA since May 2008. He oversaw the regulatory, compliance assistance, OSHA state plan oversight, emergency response, training, administrative, and IT functions at the agency.

OSHA has approximately 2,150 employees and a budget of $486.9 million  in FY 2008. Appointed to the position by President George W Bush in 2005, Foulke stepped down after Barack Obama won the presidential election November 4.

Foulke joins Fisher & Phillips as a partner in the Workplace Safety and Catastrophe Management Practice Group, a multi-disciplinary group of attorneys who assist clients in developing and defending effective safety and health management programs in the context of the employer’s overall labor relations strategy.

His practice will include workplace safety compliance and strategic safety planning, defense of employers in workplace health and safety cases, providing advice and assistance to employers in responding to workplace catastrophes, and providing advice and advocacy for employers in legislative and regulatory matters.

Fisher & Phillips Chairman and Managing Partner Roger Quillen said, “For several years we have quietly focused on increasing our ability to handle the most challenging OSHA, mine safety, and catastrophic situations. Ed’s joining us will substantially add to our experience and sophistication in this area. With his government service and private sector experience, Ed is one of the nation’s foremost workplace safety and health experts.”

“I am extremely excited about joining a law firm which already enjoys a national reputation for the work its attorneys have done on many of the most difficult workplace safety cases,” said Foulke. “Fisher & Phillips’ commitment to assisting employers in strengthening workplace safety programs and protecting employees, coupled with its deep labor and employment resources, permits me to pursue a unique approach to workplace safety and employee relations.

This approach will allow our clients to be more profitable and competitive in the global marketplace.”

Foulke has practiced workplace safety and health law for almost 30 years. During his tenure with OSHA, workplace injuries, illnesses and fatality rates dropped to their lowest level in recorded history. Foulke also served on the Occupational Safety and Health Review Commission from 1990 to 1995, chairing the commission from March 1990 to February 1994.

Prior to working for OSHA, Stohler was a senior legislative officer for the Office of Congressional and Intergovernmental Affairs at the Dept. of Labor.

In this capacity, he served as the principle House and Senate liaison for OSHA and the Mine Safety and Health Administration. He has also worked in the student lending industry, and spent 10 years working for high tech and construction trade associations. Stohler has also worked for several members of Congress, most recently as the Legislative Director for Rep. John Boehner.

Stohler is a graduate of Indiana University with a Bachelor of Science degree in Public Policy and Economics. Before OSHA, Foulke was a partner with the law firm of Jackson Lewis, LLP in Greenville, SC, where he chaired the firm’s OSHA practice group. His practice areas included all topics of labor relations, specializing in occupational safety and health issues, workplace violence risk assessment and prevention, and accident and fatality prevention.

AIHA Executive Director Davis Departing, O’Neill to Replace

The American Industrial Hygiene Association has announced that Steven H. Davis, CAE, IOM, will depart AIHA on March 31, 2009, after 11 years of service to the organization, the last six as executive director.

“Steven has given unselfishly of himself to the IH profession and the association over the past 11 years,” said Lindsay E. Booher, CIH, CSP, AIHA president.

“On behalf of the AIHA Board of Directors, we thank Steven for his dedicated service and wish him well in his future endeavors.”

“I have truly valued and appreciated my time at AIHA,” said Steven Davis. “I feel that we have the very best volunteers and staff working on behalf of this noble profession, and I am grateful for all of the relationships that I have developed.”

The AIHA Board of Directors has retained Peter J. O’Neil, CAE, IOM, to assume the leadership of AIHA as Executive Director.

O’Neil came to AIHA in 2000 as director, marketing and member services, and was promoted in 2005 to assistant executive director.

“The AIHA leadership has enjoyed watching Peter develop throughout his nine-year service to AIHA, and we are pleased to have this opportunity to recognize his accomplishments. He has worked closely with Steven Davis and the volunteer leadership and has been instrumental in strategic planning and special project development and management.

We believe that Peter’s skillset, energy, and management style will continue the momentum Steven has developed and take AIHA to new heights,” said Booher.

O’Neil has a B.A. in International Relations from Syracuse University, is a Certified Association Executive, and a Fellow of the American Society of Association Executive & The Center for Association Leadership.

He is also a member of the Board of Directors of The Center for Association Leadership, and has earned the Institute for Organization Management Certificate from the US Chamber of Commerce.

ANSI Reaffirms Lockout/Tagout Standard

The American National Standards Institute has approved the reaffirmation of its ANSI Z244.1-2003 (R2008) standard, ‘Control of Hazardous Energy – Lockout/Tagout and Alternative Methods,’ which aims to protect workers from hazardous energy associated with machines, equipment or processes that could cause injury.

Approved on November 11, 2008, the standard establishes requirements and performance objectives for procedures, techniques, designs and methods that protect workers where injury can occur due to unexpected releases of hazardous energy. An unexpected release of hazardous energy includes any unintended motion, start-up or release of stored energy, deliberate or otherwise, from the perspective of the person at risk.

According to the standard, lockout/tagout is the main method of hazardous energy control. However, when tasks performed on the job are routine, repetitive and integral to the production process; or traditional lockout/tagout prohibits the completion of those tasks, alternative methods of control that provide effective personal protection and are based on risk assessment specified in the standard shall be used.

Routine, repetitive and integral production processes refer to tasks that are short in duration; relatively minor in nature; occur frequently during the shift day or week; are usually performed by operators, set-up, service or maintenance personnel; and do not involve extensive disassembly.

“A great deal of technical development and capabilities have evolved since the 1982 edition of the standard,” said Jeff Fryman, Z244 Committee vice chairman. “These new technologies make the control of hazardous energy both more complex and easier to achieve. It is more complex because the traditional ‘zero energy state’ lockout situation may not be achievable, or desirable, and it is easier because the technology offers more solutions to control hazardous energy release through new devices and circuit designs. In my opinion, the greatest offering in the standard is the information on the use of ‘alternative methods’ to control hazardous energy. Based on the results of risk assessment, workers are afforded more protection and flexibility in performing necessary tasks on machines, equipment and processes.” On the impact of the standard on business and industry, Z244 Committee Chair Edward V. Grund, CSP, P.E., said, “Companies that are interested in moving beyond mere compliance will be able to use the standards to enhance their current practices. In addition, multinational companies can use the standard offshore as an effective guide for their international operations, particularly when local regulation is absent or weak.” FSM