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OSHA Standards and Guidance

OSHA Standards and Guidance. Dorothy Dougherty Director Directorate of Standards and Guidance ASSE 2008 Conference. Topics. The regulatory process Safety standards Health standards Guidance projects. THE REGULATORY PROCESS. Preliminary . Rulemaking Activities. Development of the .

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OSHA Standards and Guidance

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  1. OSHA Standards and Guidance Dorothy Dougherty Director Directorate of Standards and Guidance ASSE 2008 Conference

  2. Topics • The regulatory process • Safety standards • Health standards • Guidance projects

  3. THE REGULATORY PROCESS

  4. Preliminary Rulemaking Activities Development of the Proposed Rule Publication of the Proposed Rule Analysis of the Rulemaking Record Development of the Final Rule Publication of the Final Rule Public Comment Implementation

  5. Legal Requirements for Rulemaking • OSH Act • Administrative Procedures Act • Regulatory Flexibility Act • Paperwork Reduction Act (PRA) • Small Business Regulatory Enforcement Fairness Act (SBREFA) • National Environmental Policy Act (NEPA) • Unfunded Mandates Reform Act (UMRA) • Congressional Review Act • Information Quality Act

  6. Safety Issues on the Regulatory Agenda • Employer payment for personal protective equipment (PPE) • Consensus standards • Subparts D & I • Explosives • Electrical safety • Power Presses • Maritime • Tree Care Operations

  7. PPE Payment • Final published November 2007 • Requires employers to pay for most PPE • Does not require payment for uniforms, items worn to keep clean, or other items that are not PPE • Contains exceptions for ordinary safety-toe wear, ordinary prescription safety eyewear, everyday clothing and ordinary weather-related gear, and logging boots

  8. Updating Consensus Standards • Multi-phaseprocess with various rulemaking strategies, e.g., direct final rules, proposed rulemakings (6(b) process), amend/revise standards to latest consensus version • Overall policy direction and first direct final rule published November 2004

  9. Updating Consensus Standards Welding Definitions & Misc • Direct final rule removes a reference to American Welding Society standard A3.0-1969 ("Terms and Definitions").Updates 29 CFR part 1910, subpart H ("Hazardous Materials"), subpart Q ("Welding, Cutting and Brazing"), and subpart R ("Special Industries"). • Published 12/14/2007, effective 03/13/2008

  10. Updating Consensus Standards PPE Consensus Standards • Covers head, foot and eye protection • Published proposed rule May 17, 2007 • Public hearing December 4 • Working on final standard

  11. Subparts D & I • Walking working surfaces • Personal fall protection • Re-opened the record to obtain additional economic data • Working on new proposal

  12. Explosives • Notice of Proposed Rulemaking published April 13, 2007 • Comment period closed July 17, 2007; questions raised about application of the standard to small-arms ammunition • OSHA intends to re-propose to clarify it’s intent

  13. Explosives • Utilizes the GHS definitional classification system for explosives (consistent with DOT) • Uses ATF standards for storage requirements • Improvements include updated misfire procedures, housekeeping, equipment maintenance, training requirements, designated blaster-in-charge. • Addresses changes in explosives technology, processes and equipment.

  14. Subpart S – Electrical Installation Requirements for General Industry • Final rule published 2/14/07 • Effective 8/13/07 • Technical issue has arisen with respect to ground-fault circuit interrupters and temporary wiring

  15. Subpart S - Ground-Fault Circuit Interrupter Requirements (GFCI) • §1910.304 (b)(3)(ii) • Requires the use of GFCI’s for “temporary wiring installations that are used during maintenance, remodeling, or repair of buildings, structures, or equipment or during similar construction-like activities”

  16. Subpart V- Electric Power Generation, Transmission and Distribution • Updates subpart V of Part 1926 covering construction and Section 1910.269 covering maintenance in general industry • Proposed rule published 6-15-05 • Public hearings 3/06 • Working on final standard

  17. Power Presses • Presence sensing device initiation (PSDI) • Look back review indicated that people were not using the provisions • ANPR published June 4, 2007; record closed August 3.

  18. Maritime • General working conditions -Subpart F • On the regulatory agenda for many years • Proposed standard published 12/20/07 • Comment period closed 03/19/2008 • Covers a wide variety of topics from the existing standards and adds new requirements • Vertical tandem lifts • Longshoring standard dealing with the lifting of two cargo containers • Working on final standard

  19. Tree Care Operations The ANPR will ask for information on: • Whether OSHA should create a standard. • The elements of ANSI B 133.1-2006 that should be considered.

  20. Tree Care Operations The ANPRM will request information on specific hazards: • electrocution, • falls, and • use of equipment for tree-trimming work, including chippers, chain saws, and stump cutters.

  21. Health Issues on the Reg Agenda • Crystalline silica • Beryllium • Hearing conservation in construction • Ionizing radiation • Standards Improvement Project – Phase III • Emergency response and preparedness • Hazard communication • Diacetyl

  22. Crystalline Silica • Longstanding, different PELs for general industry (1971 TLV) and construction (1962 TLV). • Large extent of non-compliance with the PELs • Have completed SBREFA process • Next step – scientific peer review of draft health effects analysis and risk assessment

  23. Beryllium • PEL also dates back to beginning of OSHA (1970 ANSI standard) • Published an RFI (2002) and two Safety and Health Information Bulletins (1999 and 2002) • Initiated SBREFA in September 2007 and completed the panel report in January 2008 • Next step – scientific peer review of draft health effects analysis and risk assessment

  24. Hearing Conservation in Construction • ANPR published 8/02 • Stakeholder meetings 3/04 and 7/04 • Site visits and research to collect and evaluate current practices and programs

  25. Ionizing Radiation • Standard is out-of-date. Jurisdiction has been limited, but new applications are developing and there is a possibility of OSHA assuming responsibility for some DOE sites. • Published request for information to determine whether and how to address ionizing radiation in rulemaking 2005. • Held Stakeholder meetings on healing arts, accelerator operations, security activities, and industrial radiography. • Withdrawn from the Regulatory Agenda March 6, 2008.

  26. Standards Improvement ProcessPhase III • Third phase of OSHA’s efforts to address outdated and duplicative standards • ANPR published 12/06 • Proposal under development

  27. Emergency Response and Preparedness • Assessing the applicability of its current standards and guidance to the modern emergency response environment • Request for information published 9/11/07 • Record closed 12/10/07

  28. Hazard Communication • Considering adoption of the Globally Harmonized System of Classification and Labeling of Chemicals (GHS) • Published an advance notice of proposed rulemaking (ANPR) 9/12/2006 • Working on a proposed revision of 1910.1200 and related standards

  29. Hazard Communication • Other OSHA standards may be affected • Will likely need to change hazard communication provisions in OSHA’s substance-specific standards to be consistent. • May also need to address parts of other standards that have criteria for hazard definitions, such as flammable liquids.

  30. Diacetyl and Food Flavorings Containing Diacetyl – Recent Activities • Denied the request for an Emergency Temporary Standard but announced regular 6(b) rulemaking • Issued guidance • SHIB on microwave popcorn manufacturing • Hazard Communication Guidance on diacetyl and food flavorings containing diacetyl • Held a stakeholder meeting 10/07 • Next step - initiate SBREFA Review

  31. Diacetyl and Food Flavorings Containing Diacetyl – Next steps/issues • Initiate SBREFA Review • Issues • Scope • Analytical method • PEL

  32. Guidance for Pandemic Influenza Ethylene Oxide Marine Terminal Crane Radio Communication Slings Hazard Determination Diacetyl HazCom Guidance Fireworks Video Preventing Skin Problems from Working with Portland Cement Shipyard Ergonomics Pandemic Flu Respirator Demand Guidance Combustible Dust Fact Sheet Perchloroethylene in Dry Cleaning: Korean Translations Completed Guidance Projects

  33. OSHA Pandemic Flu Guidance • Joint DOL/HHS document • Released: February 6, 2007 • Available at: • PandemicFlu.gov • OSHA.gov

  34. OSHA Combustible Dust Guidance • Safety and Health Information Bulletin • Fact sheet • Poster • Internet topics page

  35. Hazard communication for combustible dust Scrap metal recycling Hazard communication/GHS Emergency response PPE Controls for silica exposure in construction Barge safety Shipbreaking Pocket Guide for Respiratory Protection Stockpiling respirators for an influenza pandemic Occupational exposure to Norovirus Electrical safety (multiple) Guidance Projects in Development

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