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 A Semi-Monthly Newsletter for Gases and Welding Distributors Association Members October 23, 2009 
Breaking News   •   Safety & Compliance   •   New Members
Industry Beat   •   GAWDA News   •   Education & Training
 

Weldcoa

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Manifold cylinders of liquefied compressed gas that are normally filled individually by weight
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Manifold cylinders for short term assignment
Safely transports 250 or 300 nominal size cylinders
1.5" ground clearance with ramp makes loading and unloading quick and safe
Unit is designed to travel through standard size elevators and through doorways
4 heavy duty phenolic casters with grease-able roller style bearings and butterfly brakes
Two sets of 2" wide ratchet handle binder straps
Side braces allow unit to be bound flat to side of stake body truck
Can be pushed by hand or lifted with crane, fork truck or in case of emergency via helicopter


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338 Sullivan Street
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Breaking News

Plaintiff Wins Fume Suit

A federal jury in Cleveland, OH, hit welding equipment companies Lincoln Electric, BOC, Hobart Brothers and the ESAB Group with a penalty of $5.8M. Iowa welder Curtis Cooley claimed exposure to manganese resulted in emotional and physical problems. Cooley was awarded the verdict in a lawsuit that began in 2005. It was a rare victory for the plaintiff in such a suit. Only 27 cases have gone to court nationwide and Cooley’s case was only the fourth successful one.

GAWDA's Joint Defense Fund Coordinating Counsel for Welding Fume Litigation Mike Degan comments on the proceedings:

"The jury in the Cooley case found for the Plaintiff against the defendants for failing to warn, and for aiding and abetting. The jury awarded $1.2M in compensatory damages, reduced by 37% for Cooley's comparative fault, for a net award of $787,500. The jury also awarded Cooley $5M in punitive damages, broken down as follows: $1.7M each against defendants ESAB and Hobart, and $750,000 each against defendants Lincoln and BOC. The jury did not award damages for loss of consortium to Mrs. Cooley. The total net amount awarded to plaintiff was $5,787,500.

"Defendants plan to appeal, especially the newly minted, but unrecognized, 'manganese neurotoxicity' diagnosis.

"While disappointing, the loss must be taken in context with overall success the industry continues to have defending these cases. The industry has prevailed in more than 85% of the cases that have gone before juries since Elam. Furthermore, we know from past cases that the costs of bringing these cases to trial for plaintiffs can exceed $2M."

Wiki terms added this week
  1.
2.
3.
4.
5.
Potassium
Hydrochloric acid
Cutting torches
Nitric acid
Iron ore
To add your own term, go to www.GAWDAwiki.org.


Safety & Compliance News

DOT Updates Status of Significant Rulemakings The Department of Transportation has published its October 2009 status of significant rulemakings underway at the agency. Rulemaking is normally a 4-step process: (1) the rule (or proposed rule) is drafted by the agency; (2) the rule or proposal is reviewed by the Office of the Secretary of Transportation to ensure that it is consistent with DOT policy; (3) the rule (or proposal) is then reviewed by the Office of Management and Budget at the White House to ensure that it is consistent with administration policy; and (4) it is published in the Federal Register.

The following is the current status of several significant rulemakings at the Federal Motor Carrier Safety Administration (please note that these dates are the target dates for action, not hard deadlines; the dates often slip further depending on political and technical issues):

Electronic On-Board Recorders (final rule): resubmitted to the Office of the Secretary on April 27, 2009; intended to be submitted for OMB review October 9, 2009; intended for Federal Register publication January 25, 2010.

 


Unified Registration System (supplemental proposed rule): intended to be submitted to the Office of the Secretary on November 20, 2009; intended to be submitted for OMB review December 21, 2009; intended for Federal Register publication April 2, 2010.

National Registry of Certified Medical Examiners (final rule): intended to be submitted to the Office of the Secretary on January 18, 2010; intended to be submitted for OMB review February 19, 2010; intended for Federal Register publication May 19, 2010.

Entry-Level CDL Driver Testing and Learner’s Permits (final rule): intended to be submitted to the Office of the Secretary on December 8, 2009; intended to be submitted for OMB review January 8, 2010; intended for Federal Register publication April 30, 2010.

Entry-Level CDL Driver Minimum Training Standards (final rule): intended to be submitted to the Office of the Secretary on January 16, 2010; intended to be submitted for OMB review February 16, 2010; intended for Federal Register publication May 27, 2010.

CSA 2010 Safety Fitness Determination Standards (proposed rule): submitted to the Office of the Secretary on September 25, 2009; intended to be submitted for OMB review November 2, 2009; intended for Federal Register publication February 19, 2010.

PHMSA Publishes New Org Chart Due to the shakeup in agency personnel as a result of Inspector General and congressional investigations, the Pipeline and Hazardous Materials Safety Administration has published a new organizational chart. The new Acting Associate Administrator for Hazardous Materials Safety is Magdy El-Sibaie, who was formerly the Director of the Office of Research and Development at the Federal Railroad Administration. The new Assistant Associate Administrator is Ryan Posten, who formerly held a position in enforcement at PHMSA.

OSHA Publishes Proposed Amendments to Hazcom RuleThe Occupational Safety and Health Administration has published a proposed modification to its existing Hazard Communication Standard to conform with the United Nations’ Globally Harmonized System of Classification and Labeling of Chemicals. 74 Federal Register 50280 (September 30, 2009). The proposed modifications to the standard include revised criteria for classification of chemical hazards; revised labeling provisions that include requirements for use of standardized signal words, pictograms, hazard statements and precautionary statements; a specified format for safety data sheets; and related revisions to definitions of terms used in the standard, requirements for employee training on labels and safety data sheets. OSHA is also proposing to modify provisions of a number of other standards, including standards for flammable and combustible liquids, process safety management and most substance-specific health standards, to ensure consistency with the modified HCS requirements. Comments on the proposed changes are due by December 29, 2009.

DOT to Ban Texting, Restrict Cell Phone Use in CMVs At the conclusion of a 2-day summit on distracted driving in Washington, DC, last month, U.S. Transportation Secretary Ray LaHood announced a series of actions that the Obama Administration and the U.S. DOT are taking to address distracted driving in commercial and personal vehicles. Secretary LaHood stated that his agency will issue a rulemaking to ban texting (sending or receiving of text messages) while operating a commercial motor vehicle, and also to restrict the use of any cellular telephone device while operating a CMV.

President Barack Obama signed an Executive Order directing federal employees not to engage in text messaging while driving government-owned vehicles; when using electronic equipment supplied by the government while driving; or while driving privately owned vehicles when they're on official government business. The order also encourages federal contractors and others doing business with the government to adopt and enforce their own policies banning texting while driving on the job.

Load Securement Sample Policy GAWDA's Safety Committee has completed the sample policy on Load Securement. This is one of the many policies the Committee is working on. The policy is designed as a guide for GAWDA members. Click here for your copy.


Industry Beat
(what people are talking about)


Andrew Masterman

ESAB Appoints New President (Charlotte, NC)ESAB Welding & Cutting Products appointed Andrew Masterman as president and chief executive officer of ESAB North America. Masterman replaces Brendan Colgan, who assumes the role of chairman of the ESAB Group (North America), along with additional responsibilities as operations director for ESAB Global, including India, South America, Asia Pacific and China. Masterman previously served as president of Metalico’s Platinum Group Metals division. Prior to that, he was president within Spartan Light Metals, TI Automotive and Walbro Corporation. He also served in a senior financial role for Intel Corporation’s Server Business Unit. Masterman holds advanced degrees in industrial engineering, Japanese studies as well as an MBA.

TW Cylinders Honored (Huntsville, AL) TW Cylinders, a division of Taylor-Wharton International, has been awarded the 2009 Air Pollution Control Achievement Award by the City of Huntsville. TW Cylinders replaced gas fired pre-heat ovens with 4 induction heating units, which reduce monthly gas usage by 25%. The project resulted in energy-cost reduction, provided improved consistency in the quality of pre-heating and improved the work environment of the company’s operators.


Abel Mariot

AWISCO Promotes Mariot (Maspeth, NY)AWISCO Corp. promoted Abel Mariot to branch manager of its West Orange, NJ, store. Mariot began working in AWISCO’s warehouse in 2004 and was promoted to counter sales a few months later.

Francavilla Becomes APU President (Greensboro, NC)AmWINS Group, Inc., appointed Ben Francavilla as president of AmWINS Program Underwriters (APU), succeeding the retiring Larry Bitner. Francavilla joined APU in 1993 and most recently served as senior managing director as well as director of program development for AmWINS' underwriting division.

LifeGas Gets Accreditation (Atlanta, GA)LifeGas, the U.S. medical gases business of the Linde Group, has become one of the first gases and equipment suppliers to receive accreditation as a home oxygen subcontractor. LifeGas was one of the first medical gases companies to deliver oxygen directly to patients’ homes on behalf of homecare providers. The accreditation enables LifeGas to instruct patients on the safe and effective use of the oxygen and equipment it delivers.


Jody Campbell

Campbell Joins Tri County (Alvin, TX) • Tri County Industrial Supply added Jody Campbell to the position of purchasing and inside sales representative. Campbell has more than 28 years of experience in the gases and welding industry and will be responsible for continued development of vendor and customer relations.

Holston Gases Acquires McKinney Welding Supplies (Knoxville, TN)Holston Gases acquired welding supply company McKinney Welding Supplies and will continue to operate the facility from its Asheville, NC, location. The acquisition gives Holston 21 locations in four states.


In Memoriam

James Bradshaw

James Gilbert (Red) Bradshaw, Interstate Welding & Steel Supply
James Bradshaw, 69, owner of Interstate Welding & Steel Supply in Murphy, NC, passed away on October 13. A veteran of the gases and welding business, Mr. Bradshaw began his career selling welding supplies from the back of a truck in Andrews, NC. Devoted to serving his customers, he established Interstate on a foundation of hard work and service. His son, Gregory Bradshaw, says, "My father taught us that service to our customers and employees is of prime importance and value. Through his example, this company has grown." James Bradshaw is survived by his wife, Evanell Morrow Bradshaw, and sons James Earl, Gregory Edward and Michael George.



GAWDA News

Save the Date – 2010 Spring Management ConferenceIn 2010, GAWDA will have only one SMC and it’s going to be in Chicago at the Hyatt Regency Chicago on April 18-20. Please mark your calendars! You can view the tentative schedule of events here.

Presentations at San Antonio ConventionView them here.

Photos From Closing PartyView them here.

DOT, OSHA and EPA Reference Materials Now AvailableGet your complimentary copy of the GAWDA Reference Materials (formerly Compliance Manuals). The new DOT, OSHA and EPA Reference Materials, updated by the GAWDA Consultants and Safety Committees, were distributed to the attendees at the San Antonio Convention. If you did not attend the convention and would like to receive the USB drives containing these materials, please complete this request form and fax it to 215-963-9785.

GAWDA ClearinghouseThe GAWDA Clearinghouse has been updated for the month, it can be viewed here.

No-Cost Subscriptions to Welding & Gases TodayDoes the boss hog the copies of Welding & Gases Today, or do they never seem to make it out of the reception area? Now is your chance to receive a no-cost one-year subscription to our magazine. GAWDA is increasing the number of printed magazines so that we can reach a larger audience within our member companies. If you do not currently receive a copy and would like to, please e-mail Malvenia Avery at mavery@fernley.com and include your complete mailing address. Only the first 500 respondents will receive a free one-year subscription, so act fast!


Joel Todaro, Birgetta Hulth, Elissa Butler and Gary Degenhardt at the Southeastern Zone golf outing.

Regional Meeting UpdateThe Southeastern Zone held its first ever regional meeting in Mobile, AL, on August 30-31. Seventy-nine people, including 45 distributors and 34 manufacturers, attended the event hosted by GAWDA President Jenny McCall from WESCO Gas & Welding Supply (Prichard, AL). Dave Nangle, president of The Harris Products Group, shared Business Planning Strategies for Recovery. Speakers Mark Hunter and Trey Mayhall discussed looking for an edge during difficult times and avoiding the pitfalls of failing to plan. Thirty-four attendees participated in a golf tournament.

Butler Gas Products' (McKees Rock, PA) Heather Ferrand and Sky Oxygen's (Carnegie, PA) Dave Bloom hosted an Eastern Zone meeting in Seven Springs, PA, on October 1. The 75 attendees heard presentations from The Harris Products Group's Dave Nangle, who discussed the current state of manufacturing, and independent consultant Dennis Huth, who addressed current gas manufacturing and reducing costs in a tough economy. The winning golf team included Vince Cirincione III of Sky Oxygen, Eric Laubach of Direct Wire and Cable, Rod Swoger of Valley National Gases and Doug Morton of Eleet Cryogenics.

View more photos of the Eastern Zone meeting here.


Workshops, Web Conferences & Seminars

HR Webinar
Can anything really be done to prevent union card campaigns? GAWDA's Human Resources Committee has organized a webinar to help answer this question and others. The Employee Free Choice Act (EFCA) webinar will be held on October 27 at 2 p.m. EST. The presenter, Attorney John Baumann, will provide an update on EFCA with its proposed shortened election schedule, possible voice vote and forced arbitration. To register for this free webinar, send an e-mail to mavery@fernley.com.


Upcoming Events
For more information about these events, please click
on underlined titles or call GAWDA at 215-564-3484.
October 27 Employee Free Choice Act (webinar)
November 13 Western Zone Regional Meeting (Stockton, CA)
March 2 Southeastern Zone Regional Meeting (Bonita Springs, FL)
   




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