California Panel Backs Reduction in Harbor Emissions

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The state Air Resources Board approved a measure this month to require operators of some 4,000 commercial harbor craft in the state to reduce diesel and nitrogen oxide emissions by as much as 50 percent by 2015.

Currently, the air board estimates that these vessels generate 3 tons of diesel soot and 73 tons of nitrogen oxides. About half of these totals come from a relatively small group of 600 ferries, dinner and harbor cruise ships, and tugboats. Scientific studies cited by the board said that because these vessels operate only close to shore the pollution they generate impacts nearby residents disproportionately and factor into an estimated 90 premature deaths per year across the state.

About 30 percent of the 4,200 total craft operate primarily in the twin ports of Long Beach and Los Angeles, with an additional 40 percent based in the Bay Area.

Under the regulation, engines in all these vessels must be replaced with newer cleaner engines, starting with the oldest engines. The first replacements will be required in 2009 on vessels operating in the ports of Long Beach and Los Angeles. Complete implementation is expected in 2025.

“This board action brings new protection to the thousands of Californians who live and work in port communities,” said Air Resources Board Chair Mary Nichols. “With this vote, the ARB is now regulating yet another diesel source that has fouled California’s air for years.”

Environmental groups had pushed for faster implementation. But harbor craft operators had argued that pushing up the deadlines would have been impractical, since a new cleaner-burning engine that meets the board’s emission standards is not due on the market until 2013. The Air Resources Board sided with industry.

The regulation exempts fishing boats, and crew, supply and pilot vessels as well as harbor police and fire boats.


Worker Safety Gear

Employers now have to pay for virtually all personal protective clothing and equipment worn by the workers under a rule announced this month by the federal Occupational Safety and Health Administration.

While most employers currently pay for a wide range of safety gear including goggles, helmets, chemical protection suits and safety shoes to date there has been no requirement for them to do so. With chemical suits and other safety gear costing hundreds of dollars per person, worker safety advocates, unions and Democratic lawmakers had long been urging OSHA to pass such a rule.

OSHA staff first proposed a rule back in 1999, but did not take final action until recently, after the threat of a lawsuit from worker safety advocates and legislation introduced last year by Reps. Lucille Roybal-Allard, D-Los Angeles, and George Miller, D-Concord. Roybal-Allard called the OSHA ruling, issued Nov. 14, “long overdue.”

California employers have been required to pay for protective gear for their employees since a state Supreme Court ruling in 1979; however, that ruling did not apply to employees of California-based companies at facilities in other states. Also, when this federal OSHA regulation takes effect in May, California will be on a level playing field with the rest of the nation.

In making the rule, Edwin Foulke Jr., the assistant secretary of labor for OSHA, said allowing employees to pay for their equipment could lead to problems. “They are likely to purchase the wrong equipment, use the equipment beyond its expected service life or avoid purchasing the equipment at all.”


Dust Protection

Speaking of worker safety, the state Occupational Safety and Health Standards Board next month will consider adopting a rule to regulate the cutting, grinding and drilling of concrete and masonry materials to reduce worker exposure to silica dust.

The rule targets concrete and masonry suppliers as well as the building construction industry. Essentially, operators of these facilities must use water to control the dust or provide adequate ventilation to prevent buildup of dust. It also requires facility operators to provide training to workers on how to apply the water or use a ventilation system.

High levels of exposure to silica dust have long been associated with respiratory diseases, including silicosis and lung cancer. Many facility operators and construction contractors already take steps to reduce silica dust exposure, but some do not. “This proposed rule is intended to provide a means to enforce the use of this practice by all employers,” according to a Cal-OSHA staff report.

The regulation exempts dust from roofing materials, since applying water could cause workers to slip or fall while installing or fixing roofs. Emergency operations including emergency repairs on freeways and other public facilities are also exempted.


Staff reporter Howard Fine can be reached at (323) 549-5225, ext. 227, or at

[email protected]

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Howard Fine
Howard Fine is a 23-year veteran of the Los Angeles Business Journal. He covers stories pertaining to healthcare, biomedicine, energy, engineering, construction, and infrastructure. He has won several awards, including Best Body of Work for a single reporter from the Alliance of Area Business Publishers and Distinguished Journalist of the Year from the Society of Professional Journalists.

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