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INDUSTRY NEWS Effective July 1, 2007, The Refractories Institute relocated its offices in Pittsburgh. As a result of this move, all contact information for the Institute has changed. We would appreciate your disseminating the new contact information widely in your companies and organizations. The new information is as follows: The packing up and sorting out also provided opportunity to review the long and important relationship the TRI has had with the refractories industry for the past fifty six years. We were reminded over and over of the numerous studies and testing projects conducted through the years, the support of students and academia, the relationships with ACerS and other allied groups and refractory customer organizations, as well as the many public policy issues and the Institute has been involved in, from working on depletion and strategic defense stockpile issues in the early years, to early concerns with Chinese export fees, and through the gamut of regulatory issues like storm water run-off, MACT, and workplace safety and health issues. TRI members should be reserving October 10-11 for the TRI Fall Membership Meeting to be held at the Embassy Suites Hotel in Coraopolis, Pennsylvania. The Institute is updating all its mailing/distribution lists. If you are not an employee of a TRI member company and want to continue receiving this newsletter, please e-mail info@refractoriesinstitute.org stating that desire. Also, if you have spam filters, you want to be sure the newsletter is provided access. Unifrax has entered into an agreement with Union Lesni Brana a.s. to acquire the ceramic fiber business of its wholly owned subsidiary Keraunion a.s. (Dubi, Czech Republic). Terms of the transaction were not disclosed. You still have time to book a trip to UNITECR 2007 to be held in Dresden, Germany, September 18-21. 2008 Candidates on Health Care For news from the 2008 campaign related to candidates’ positions on health care, the Kaiser family Foundation recently launched a new website (free of charge and ads!) at: www.health08.org. REGULATORY The Occupational Safety and Health Administration (OSHA) has announced a number of initiatives which will have specific impact on the refractories and ceramic industries. First, in April the agency published a proposed rule on explosives. Then in May, the agency published a notice of proposed rulemaking (NPRM) to update its regulations on personal protective equipment, and in June OSHA published an advanced notice of proposed rulemaking (ANPRM) on mechanical power presses. While we are on the subject of OSHA, you might want to check out the OSHA/EPA Occupational Chemical Database at www.osha.gov/web/dep/chemicaldata/#target. The database combines a number of regulatory databases and contains information related to specific chemicals such as physical properties, exposure limits, and emergency response requirements. It also includes information from the NIOSH pocket guide. OSHA expects to conduct 39,000 inspections this year. Based on past experience, those inspections will likely result in the identification of about 80,000 violations, of which 76% will be classified as serious. The agency’s operating plan includes 4,150 inspections of “high-hazard” workplaces as part of its Site-Specific Targeting program. Each hour in the United States, one work-related death occurs, five motor vehicle deaths occur, and six off-the-job unintential-injury deaths occur (source: National Safety Council “Injury Facts”, 2007). In June, the Environmental Protection Agency announced a proposed rulemaking to reduce its limit for ground level ozone exposures. The agency is considering a new limit of from 0.070 parts per million (ppm) to 0.075 ppm per eight hour exposure, but will also be considering a range of alternative limits from 0.060 ppm up to the current standard of 0.080 ppm.. LEGISLATIVE/LEGAL House Labor Committee Chairman George Miller (D-CA) has introduce the Ledbetter Fair Play Act (H.R. 2831) which would overturn the recent Supreme Court ruling in Ledbetter v. Goodyear Tire & Rubber Co. that says the timeframe for filing discrimination claims (currently 180-300 days) begins when the alleged discriminatory act occurs. The Miller legislation would virtually eliminate the statute of limitations for such claims, according to industry critics. The House of Representatives could act on the bill prior to the August recess and Senate action could come in the fall. Recently passed Senate energy legislation would, among other things, mandate that the corporate average fuel economy standard (CAFE) rise to 35 miles per gallon by 2018. Even less restrictive alternative legislation supported by the business community would mandate a rise to an average 32 to 35 mpg by 2022, based on various model averaging and passenger vs. non-passenger vehicles. California Supreme Court Rules Against Frivolous Suits The California Supreme Court struck a blow against frivolous lawsuits on July 16, 2007, when it ruled in Siebel v. Mittlestead et al. (CA Supreme Court No. S125590) to uphold a defendant’s right to bring a malicious prosecution action against lawyers who are actively pursuing a frivolous claim. Attorneys had sued Mr. Siebel on behalf of a former employee for sexual discrimination, fraud, and unpaid commissions. After a court ruled in Mr. Siebel’s favor on all counts, he sued the attorneys for malicious prosecution based on their representation of the former employee. |