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U.S. Department of Labor | |
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| Occupational Safety & Health Administration | ||||||
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Federal Registers
Semi Annual Regulatory Agenda. - 65:74107-74123 |
Federal Registers - Table of Contents |
| • Publication Date: | 11/30/2000 |
| • Publication Type: | Unified Agenda |
| • Fed Register #: | 65:74107-74123 |
| • Title: | Semi Annual Regulatory Agenda. |
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is on pages 74107-74123
2239. OCCUPATIONAL EXPOSURE TO ETHYLENE OXIDE (SECTION 610 REVIEW) Priority: Other Significant Legal Authority: 29 USC 655(b); 5 USC 553; 5 USC 610 CFR Citation: 29 CFR 1910.1047 Legal Deadline: None Abstract: OSHA has undertaken a review of the ethylene oxide (ETO) standard in accordance with the requirements of the Regulatory Flexibility Act and section 5 of EO 12866. The review has considered the continued need for the rule, the impacts of the rule, comments on the rule received from the public, the complexity of the rule, whether the rule overlaps, duplicates or conflicts with other Federal, State or local regulations, and the degree to which technology, economic conditions or other factors may have changed since the rule was last evaluated. The Agency's findings with respect to this review will be published in a report available to the public in 2000.
Regulatory Flexibility Analysis Required: No Government Levels Affected: None
Agency Contact: Marthe B. Kent, Director, Directorate of Safety Standards Programs, Department of Labor, Occupational Safety and Health Administration, Room N3609, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 RIN: 1218-AB60 2240. PROCESS SAFETY MANAGEMENT OF HIGHLY HAZARDOUS CHEMICALS Priority: Other Significant. Major status under 5 USC 801 is undetermined. Unfunded Mandates: Undetermined Legal Authority: 29 USC 653; 29 USC 655; 29 USC 657 CFR Citation: 29 CFR 1910.119 Legal Deadline: None Abstract: OSHA is undertaking two regulatory actions concerning the Process Safety Management of Highly Hazardous Chemicals (PSM) standard. One action was to publish, in October, 2000, an advance notice of proposed rulemaking to address the need to add reactive chemicals that are not currently covered by PSM to the rule and the need to revise the language of the rule to clarify OSHA's intent to cover flammable liquids stored in atmospheric tanks that are connected to a process. Another action is a proposal to add chemicals to the list of highly hazardous chemicals in the PSM standard that were not originally included in the OSHA standard but were included in the Environmental Protection Agency's (EPA) Risk Management Program (RMP) rule (one part of the RMP rule addresses compliance with the OSHA Process Safety Management rule). OSHA has been asked by representatives of the regulated community to bring its chemical list into closer alignment with the RMP rule.
Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined
Agency Contact: Marthe B. Kent, Director, Directorate of Safety Standards Programs, Department of Labor, Occupational Safety and Health Administration, Room N3609, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 RIN: 1218-AB63 2241. GRAIN HANDLING FACILITIES (SECTION 610 REVIEW) Priority: Other Significant Legal Authority: 29 USC 655(b); 5 USC 553; 5 USC 610 CFR Citation: 29 CFR 1910.272 Legal Deadline: None Abstract: OSHA is undertaking a review of its grain handling standard (29 CFR 1910.272) in accordance with the requirements of section 610 of the Regulatory Flexibility Act and section 5 of EO 12866. The review will cover the continued need for the rule; the nature of complaints or comments received from the public concerning the rule; the complexity of the rule; the extent to which the rule overlaps, duplicates or conflicts with other Federal rules and, to the extent feasible, with State and local rules; and the degree to which technology, economic conditions, or other factors have changed in the industries affected by the rule.
Regulatory Flexibility Analysis Required: No Government Levels Affected: None
Agency Contact: John F. Martonik, Director, Office of Program Audits and Evaluation, Department of Labor, Occupational Safety and Health Administration, Room N3641, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 RIN: 1218-AB73 2242. PREVENTION OF NEEDLESTICK AND OTHER SHARPS INJURIES Priority: Economically Significant. Major status under 5 USC 801 is undetermined. Unfunded Mandates: Undetermined Legal Authority: 29 USC 655(b); 29 USC 657 CFR Citation: 29 CFR 1910.1030 Legal Deadline: None Abstract: In 1998, OSHA published a Request for Information (RFI) requesting information from the public on the incidence of needlestick and sharps injuries among workers in healthcare, nursing home, and other related work settings; the availability and extent of use of safer medical devices to prevent such injuries; the potential cost and feasibility implications of relying on such devices; how best to evaluate the efficacy of these devices and encourage worker acceptance of them, and other issues. Workers receiving such injuries may contract such deadly diseases as Hepatitis B, Hepatitis C, or Acquired Immune Deficiency Syndrome (AIDS) if the needle or sharp causing the injury is contaminated by blood or other potentially infectious material from a patient or client with bloodborne disease. OSHA received 396 responses to the RFI. It has been estimated that there are 590,000 contaminated needlestick and sharps injuries every year. OSHA decided to take several actions in response to the information received: issuance of the RFI summary report; revision of the compliance directive (CPL 2-2.44D) for the Bloodborne Pathogens standard (29 CFR 1910.1030); and proposed revision of the Bloodborne Pathogens standard to clarify that, where feasible, safer medical devices must be used to satisfy the requirements of that paragraph: "Engineering and work practice controls shall be used to eliminate or minimize employee exposure." The revised compliance directive was issued in 1999. OSHA intends to issue the proposed rule in the spring of 2001, and to hold stakeholder meetings beforehand.
Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Federalism: This action may have federalism implications as defined in EO 13132.
Agency Contact: Marthe B. Kent, Acting Director, Directorate of Health Standards Programs, Department of Labor, Occupational Safety and Health Administration, Room N3718, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 RIN: 1218-AB85 2243. OCCUPATIONAL EXPOSURE TO PERCHLOROETHYLENE Priority: Economically Significant. Major status under 5 USC 801 is undetermined. Unfunded Mandates: Undetermined Legal Authority: 29 USC 655(b); 29 USC 657 CFR Citation: 29 CFR 1910.1000 Legal Deadline: None Abstract: OSHA intends to issue an advance notice of proposed rulemaking (ANPRM) to address the hazards associated with occupational exposure to perchloroethylene (also called "tetrachloroethylene") (CAS 127-18-4). OSHA's limits for this substance are 100 ppm as an 8-hour TWA; 200 ppm as a 15-minute ceiling; and 300 ppm as a 5-minute peak not to be exceeded in any 3-hour period (29 CFR 1910.1000). These limits have been in place for nearly 30 years and are widely recognized as being inadequately protective. NIOSH classifies perchloroethylene as an occupational carcinogen. Workers exposed to perchloroethylene may experience sensory irritation, narcosis, liver damage, and cancer. The ANPR will solicit information from interested parties on the risk, current exposure levels, current industry control practices, and feasible means of achieving reductions in existing exposure levels among workers in perchloroethylene-using industries. It will also request information on the health risks posed to workers by alternative processes and solvents, including new detergent formulations.
Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: None
Agency Contact: Marthe B. Kent, Acting Director, Directorate of Health Standards Programs, Department of Labor, Occupational Safety and Health Administration, Room N3718, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 RIN: 1218-AB86 2244. SANITATION Priority: Other Significant. Major status under 5 USC 801 is undetermined. Unfunded Mandates: Undetermined Legal Authority: 29 USC 655; 40 USC 333 CFR Citation: 29 CFR 1926.51 Legal Deadline: None Abstract: On October 7, 1998, the Advisory Committee on Construction Safety and Health (ACCSH) recommended that OSHA consider proposed revisions to the construction sanitation standard (29 CFR 1926.51). OSHA believes that the ACCSH recommendation raises important issues regarding the type of sanitation facilities needed for construction workers. OSHA intends to issue an ANPRM to consider revisions to the sanitation standard that would include washing facilities, gender-separate and lockable toilet facilities, and (where other OSHA standards require change rooms), gender-separate and lockable change facilities.
Regulatory Flexibility Analysis Required: Undetermined Small Entities Affected: No Government Levels Affected: No
Agency Contact: Russell B. Swanson, Director, Directorate of Construction, Department of Labor, Occupational Safety and Health Administration, Room N3468, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 RIN: 1218-AB87 2245. HEARING LOSS PREVENTION IN CONSTRUCTION WORKERS Priority: Economically Significant. Major status under 5 USC 801 is undetermined. Unfunded Mandates: Undetermined Legal Authority: 29 USC 655(b); 40 USC 333 CFR Citation: 29 CFR 1926.52 Legal Deadline: None Abstract: OSHA issued a section 6(b)(5) health standard mandating a comprehensive hearing conservation program for noise exposed workers in general industry in 1983. However, a number of recent studies have shown that a large number of construction workers experience work-related hearing loss. In addition, current industry practice with regard to the use of engineering, administrative and personal protective equipment to reduce exposures to noise is low in this industry. OSHA intends to issue an Advance Notice of Proposed Rulemaking (ANPRM) early in 2000, and to initiate stakeholder meetings later in the year, to gather information on the extent of noise-induced hearing loss among workers in different trades in this industry, current practices to reduce this loss, and additional approaches and protections that could be used to prevent such loss in the future.
Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: None
Agency Contact: Marthe B. Kent, Acting Director, Directorate of Health Standards Programs, Department of Labor, Occupational Safety and Health Administration, Room N3718, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 RIN: 1218-AB89
2246. SAFETY AND HEALTH PROGRAMS (FOR GENERAL INDUSTRY AND THE MARITIME INDUSTRIES) Regulatory Plan: This entry is Seq. No. 86 in Part II of this issue of the Federal Register. RIN: 1218-AB41 2247. OCCUPATIONAL EXPOSURE TO HEXAVALENT CHROMIUM (PREVENTING OCCUPATIONAL ILLNESS: CHROMIUM) Priority: Economically Significant. Major under 5 USC 801. Unfunded Mandates: This action may affect the private sector under PL 104-4. Legal Authority: 29 USC 655(b); 29 USC 657 CFR Citation: 29 CFR 1910 Legal Deadline: None Abstract: In July 1993, the Occupational Safety and Health Administration (OSHA) was petitioned for an emergency temporary standard (ETS) to reduce the permissible exposure limit (PEL) for occupational exposures to hexavalent chromium. The Oil, Chemical, and Atomic Workers International Union (OCAW) and Public Citizen's Health Research Group (HRG) petitioned OSHA to promulgate an ETS to lower the PEL for chromium (CrVI) compounds to 0.5 micrograms per cubic meter of air (ug/m3) as an eight-hour, time-weighted average (TWA). This would represent a significant reduction in the current PEL. The current PEL in general industry is found in 29 CFR 1910.1000 Table Z and is a ceiling value of 100 ug/m3, measured as chromium (VI) and reported as chromic anhydride (CrO3). The amount of chromium (VI) in the compound equates to a PEL of 52 ug/m3. This ceiling limit applies to all forms of hexavalent chromium (VI), including chromic acid and chromates, lead chromate, and zinc chromate. The current PEL for chromium (VI) in the construction industry is 100 ug/m3 as a TWA PEL, which also equates to a PEL of 52 ug/m3. After reviewing the petition, OSHA denied the request for an ETS and initiated a section 6(b) rulemaking. The major illnesses associated with occupational exposure to hexavalent chromium are lung cancer and dermatoses. OSHA estimates that approximately one million workers are exposed to hexavalent chromium on a regular basis in all industries. The major uses of hexavalent chromium are: as a structural and anti-corrosive element in the production of stainless steel, ferrochromium, iron and steel, and in electroplating, welding and painting. Work on a proposed rule continues.
Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined
Agency Contact: Marthe B. Kent, Acting Director, Directorate of Health Standards Programs, Department of Labor, Occupational Safety and Health Administration, Room N3718, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 RIN: 1218-AB45 2248. CONFINED SPACES IN CONSTRUCTION (PART 1926): PREVENTING SUFFOCATION/EXPLOSIONS IN CONFINED SPACES Priority: Economically Significant. Major status under 5 USC 801 is undetermined. Unfunded Mandates: Undetermined Legal Authority: 29 USC 655(b); 40 USC 333/P> CFR Citation: 29 CFR 1926.36 Legal Deadline: None Abstract: In January 1993, OSHA issued a general industry rule to protect employees who enter confined spaces (29 CFR 1910.146). This standard does not apply to the construction industry because of differences in the nature of the worksite in the construction industry. In discussions with the United Steel Workers of America on a settlement agreement for the general industry standard, OSHA agreed to issue a proposed rule to extend confined-space protection to construction workers appropriate to their work environment. One million construction workers are exposed to the hazards of confined space entry each year. OSHA intends to issue a proposed rule addressing this construction industry hazard next year.
Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined
Agency Contact: Russell B. Swanson, Director, Directorate of Construction, Department of Labor, Occupational Safety and Health Administration, Room N3468, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 RIN: 1218-AB47 2249. PERMISSIBLE EXPOSURE LIMITS (PELS) FOR AIR CONTAMINANTS Priority: Economically Significant. Major under 5 USC 801. Unfunded Mandates: This action may affect the private sector under PL 104-4. Legal Authority: 29 USC 655 (b) CFR Citation: 29 CFR 1910.1000; 29 CFR 1915.1000; 29 CFR 1917.1(a)(2)(ii); 29 CFR 1918.1(b)(a); 29 CFR 1926.55 Legal Deadline: None Abstract: OSHA enforces hundreds of permissible exposure limits (PELs) for toxic air contaminants found in U.S. workplaces. Most of the air contaminant limits were adopted by OSHA in 1971 from recommendations issued by the American Conference of Governmental Industrial Hygienists and the American National Standards Institute. These PELs, which have not been updated since 1971, thus reflect the results of research conducted in the 1950s and 1960s. Since then, much new information has become available that indicates that, in many cases, these early limits are outdated and insufficiently protective of worker health. OSHA believes that establishing a rulemaking approach that will permit the Agency to update existing air contaminant limits and establish new ones as toxicological evidence of the need to do so becomes available is a high priority. OSHA published (61 FR 1947) the name of the 20 substances from which the proposed new PELs for the first update were chosen: carbon disulfide, carbon monoxide, chloroform, dimethyl sulfate, epichlorohydrin, ethylene dichloride, glutaraldehyde, n-hexane, 2-hexanone, hydrazine, hydrogen sulfide, manganese and compounds, mercury and compounds, nitrogen dioxide, perchloroethylene, sulfur dioxide, toluene, toluene diisocyanate, trimellitic anhydride, and vinyl bromide. The specific hazards associated with the air contaminants preliminarily selected for regulation include cancer, neurotoxicity, respiratory and skin irritation and sensitivity, and cardiovascular disease, etc. For this first stage in the current rulemaking process, OSHA has decided to propose new PELs for four chemicals - carbon disulfide, glutaraldehyde, hydrazine, and trimellitic anhydride - that have different adverse health effects, both carcinogenic and non-carcinogenic, requiring different risk assessment approaches. For these four chemicals, OSHA has modified or developed new quantitative risk assessment approaches for cancer, respiratory sensitization and irritation, cardiovascular disease and neurotoxicity effects. Publication of the proposal will allow OSHA to continue to develop a mechanism for updating and extending its air contaminant limits, that will, at the same time, provide added protection to many workers who are currently being overexposed to toxic substances in the workplace.
Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined
Agency Contact: Marthe B. Kent, Acting Director, Directorate of Health Standards Programs, Department of Labor, Occupational Safety and Health Administration, Room N3718, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 RIN: 1218-AB54 2250. PLAIN LANGUAGE REVISION OF THE FLAMMABLE AND COMBUSTIBLE LIQUIDS STANDARD Priority: Substantive, Nonsignificant Reinventing Government: This rulemaking is part of the Reinventing Government effort. It will revise text in the CFR to reduce burden or duplication, or streamline requirements. Legal Authority: 29 USC 655(b); 5 USC 553 CFR Citation: 29 CFR 1910.106 Legal Deadline: None Abstract: This project responds to the President's Executive Memo of June 1998 regarding the use of plain language in Federal regulations. With this project, OSHA is initiating rulemaking that will revise the regulations contained in 29 CFR 1910.106 addressing flammable and combustible liquids storage. The purpose of this rulemaking will be to restate this standard in plain language.
Regulatory Flexibility Analysis Required: No Government Levels Affected: None Additional Information: The Flammable and Combustible Liquids Plain Language Revision Project, 29 CFR 1910.106, was originally one of four projects listed under RIN 1218-AB55.
Agency Contact: Marthe B. Kent, Director, Directorate of Safety Standards Programs, Department of Labor, Occupational Safety and Health Administration, Room N3609, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 RIN: 1218-AB61 2251. PLAIN LANGUAGE REVISION OF THE MECHANICAL POWER-TRANSMISSION APPARATUS STANDARD Priority: Substantive, Nonsignificant Reinventing Government: This rulemaking is part of the Reinventing Government effort. It will revise text in the CFR to reduce burden or duplication, or streamline requirements. Legal Authority: 29 USC 655(b); 5 USC 553 CFR Citation: 29 CFR 1910.219 Legal Deadline: None Abstract: OSHA has identified this standard in 29 CFR part 1910 for revision as part of the President's initiative on Federal regulations discussed in the U.S. Department of Labor Report of June 15, 1995 and to respond to the President's June 1998 Executive Memo on Plain Language. OSHA intends to propose a plain language revision of the rule.
Regulatory Flexibility Analysis Required: No Government Levels Affected: None
Agency Contact: Marthe B. Kent, Director, Directorate of Safety Standards Programs, Department of Labor, Occupational Safety and Health Administration, Room N3609, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 RIN: 1218-AB66 2252. ELECTRIC POWER TRANSMISSION AND DISTRIBUTION; ELECTRICAL PROTECTIVE EQUIPMENT IN THE CONSTRUCTION INDUSTRY Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Unfunded Mandates: Undetermined Reinventing Government: This rulemaking is part of the Reinventing Government effort. It will revise text in the CFR to reduce burden or duplication, or streamline requirements. Legal Authority: 29 USC 655(b); 40 USC 333 CFR Citation: 29 CFR 1910.136; 29 CFR 1910.137; 29 CFR 1910.269; 29 CFR 1926.97; 29 CFR 1926.950 to 968 Legal Deadline: None Abstract: The annual fatality rate for power line workers is over 50 deaths per 100,000 employees. The construction industry standard addressing the safety of these workers during the construction of electric power transmission and distribution lines is over 20 years old. OSHA is developing a revision of this standard that will prevent many of these fatalities, that will add flexibility to the standard, and that will update and streamline the standard. In addition, OSHA intends to amend the corresponding standard for general industry so that requirements for work performed during maintenance of electric power transmission and distribution installations are the same as those for similar work in construction.
Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined
Agency Contact: Marthe B. Kent, Director, Directorate of Safety Standards Programs, Department of Labor, Occupational Safety and Health Administration, Room N3609, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 RIN: 1218-AB67 2253. OCCUPATIONAL EXPOSURE TO CRYSTALLINE SILICA Regulatory Plan: This entry is Seq. No. 87 in Part II of this issue of the Federal Register. RIN: 1218-AB70 2254. STANDARDS IMPROVEMENT (MISCELLANEOUS CHANGES) FOR GENERAL INDUSTRY, MARINE TERMINALS, AND CONSTRUCTION STANDARDS (PHASE II) Priority: Substantive, Nonsignificant Reinventing Government: This rulemaking is part of the Reinventing Government effort. It will revise text in the CFR to reduce burden or duplication, or streamline requirements. Legal Authority: 29 USC 655(b) CFR Citation: 29 CFR 1910.142; 29 CFR 1910.178; 29 CFR 1910.219; 29 CFR 1910.261; 29 CFR 1910.265; 29 CFR 1910.410; 29 CFR 1910.1001 to 1910.1052; 29 CFR 1926.60; 29 CFR 1926.62; 29 CFR 1926.1101; 29 CFR 1926.1127; 29 CFR 1926.1129; 29 CFR 1917.92 Legal Deadline: None Abstract: The Occupational Safety and Health Administration (OSHA) is continuing the process of removing or revising provisions in its standards that are out of date, duplicative, unnecessary, or inconsistent. The Agency is proposing these changes to reduce the burden imposed on the regulated community by these provisions and to further respond to a March 4, 1995 memorandum from the President. In this document, substantive changes are proposed for standards that will revise or eliminate duplicative, inconsistent, or unnecessary regulatory requirements without diminishing employee protections. Phase I of this Standards Improvement process was completed in June 1998 (63 FR 33450).
Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: None
Agency Contact: Marthe B. Kent, Director, Directorate of Safety Standards Programs, Department of Labor, Occupational Safety and Health Administration, Room N3609, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 RIN: 1218-AB81 2255. PLAIN LANGUAGE REVISIONS TO SPRAY APPLICATIONS Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Unfunded Mandates: Undetermined Reinventing Government: This rulemaking is part of the Reinventing Government effort. It will revise text in the CFR to reduce burden or duplication, or streamline requirements. Legal Authority: 29 USC 655(b); 29 USC 657 CFR Citation: 29 CFR 1910.107; 29 CFR 1910.94(c) and (d) Legal Deadline: None Abstract: This plain language effort will revise one of OSHA's most complex and out-of-date rules, those for spray finishing using flammable and combustible liquids (29 CFR 1010.107). This standard addresses the hazards associated with the use of spray areas or spray booths to apply flammable or combustible liquids to manufactured equipment and objects. It includes specifications for the design of spray booths and areas, and for the use of these booths and areas and associated equipment. The plain language rule will be titled "Spray Applications." This rule was originally listed under RIN 1218-AB55.
Regulatory Flexibility Analysis Required: No Government Levels Affected: None
Agency Contact: Marthe B. Kent, Director, Directorate of Safety Standards Programs, Department of Labor, Occupational Safety and Health Administration, Room N3609, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 RIN: 1218-AB84 2256. SIGNS, SIGNALS, AND BARRICADES Priority: Substantive, Nonsignificant Unfunded Mandates: Undetermined Legal Authority: 29 USC 655(b); 40 USC 333 CFR Citation: 29 CFR 1926.200; 29 CFR 1926.201; 29 CFR 1926.202; 29 CFR 1926.203 Legal Deadline: None Abstract: OSHA's standard on Signs, Signals and Barricades (subpart G-29 CFR 1926.200 through 1926.203) currently incorporates the American National Standards Institute's 1971 industry consensus standard ANSI D6.1-1971. The ANSI organization has withdrawn its 1971 standard and the U.S. Department of Transportation has issued an updated standard entitled: A Manual on Uniform Traffic Control Devices (MUTCD). Because the OSHA standard is out of date, the Agency intends to propose changes to update subpart G to incorporate the requirements of the Department of Transportation's MUTCD into the OSHA rule.
Regulatory Flexibility Analysis Required: No Government Levels Affected: None
Agency Contact: Russell B. Swanson, Director, Directorate of Construction, Department of Labor, Occupational Safety and Health Administration, Room N3468, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 RIN: 1218-AB88 2257. • CHANGES TO STATE PLANS Priority: Substantive, Nonsignificant Reinventing Government: This rulemaking is part of the Reinventing Government effort. It will revise text in the CFR to reduce burden or duplication, or streamline requirements. Legal Authority: 29 USC 667 CFR Citation: 29 CFR 1953 Legal Deadline: None Abstract: Section 18 of the Occupational Safety and Health Act of 1970 (the Act), 29 U.S.C. 667, provides that States that wish to assume responsibility for developing and enforcing their own occupational safety and health standards relating to any occupational safety or health issue may do so by submitting and obtaining Federal approval of a State plan. A State plan consists of the laws, standards and other regulations, and procedures under which the State operates its occupational safety and health program. From time to time after initial plan approval, States may make changes to their plans as a result of legislative, regulatory or administrative actions. If the State makes a change to its plan which differs from the Federal program, the State must notify OSHA of the change to its plan which differs from the Federal program (referred to as a plan supplement). OSHA then reviews the changes; if they meet the approval criteria OSHA publishes a notice announcing the approval of the change; if the change does not meet the criteria OSHA initiates procedures to reject the change. OSHA is proposing to amend its regulations regarding State plan changes to streamline the review and approval process and to allow more organizational flexibility in this process. Changes which are identical to components of the Federal program would not require formal review. The proposal also would reorganize 29 CFR part 1953 to eliminate repetitive language. Cross references to part 1953 in the CFR would be changed as necessary to reflect the correct references.
Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: State, Federal
Agency Contact: Paula O. White, Director, Directorate of Federal State Operations, Department of Labor, Occupational Safety and Health Administration, Room N3700, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 RIN: 1218-AB91
2258. STEEL ERECTION (PART 1926) (SAFETY PROTECTION FOR IRONWORKERS) Regulatory Plan: This entry is Seq. No. 88 in Part II of this issue of the Federal Register. RIN: 1218-AA65 2259. GLYCOL ETHERS: 2-METHOXYETHANOL, 2-ETHOXYETHANOL, AND THEIR ACETATES: PROTECTING REPRODUCTIVE HEALTH Priority: Other Significant. Major status under 5 USC 801 is undetermined. Unfunded Mandates: Undetermined Legal Authority: 29 USC 655; 29 USC 657; 29 USC 651 CFR Citation: 29 CFR 1910.1000; 29 CFR 1910.1031 Legal Deadline: None Abstract: OSHA published an Advance Notice of Proposed Rulemaking (ANPRM) on April 2, 1987 (52 FR 10586). OSHA used the information received in response to the ANPRM, as well as other information and analysis, and published a proposal on March 23, 1993 (58 FR 15526), that would reduce the permissible exposure limits for four glycol ethers and provide protection for approximately 46,000 workers exposed to these substances. OSHA is working toward promulgation of a final rule in 2001.
Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined
Agency Contact: Marthe B. Kent, Acting Director, Directorate of Health Standards Programs, Department of Labor, Occupational Safety and Health Administration, Room N3718, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 RIN: 1218-AA84 2260. RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES (SIMPLIFIED INJURY/ILLNESS RECORDKEEPING REQUIREMENTS) Regulatory Plan: This entry is Seq. No. 89 in Part II of this issue of the Federal Register. RIN: 1218-AB24 2261. ERGONOMICS PROGRAMS: PREVENTING MUSCULOSKELETAL DISORDERS Regulatory Plan: This entry is Seq. No. 90 in Part II of this issue of the Federal Register. RIN: 1218-AB36 2262. OCCUPATIONAL EXPOSURE TO TUBERCULOSIS Regulatory Plan: This entry is Seq. No. 91 in Part II of this issue of the Federal Register. RIN: 1218-AB46 2263. EMPLOYER PAYMENT FOR PERSONAL PROTECTIVE EQUIPMENT Regulatory Plan: This entry is Seq. No. 92 in Part II of this issue of the Federal Register. RIN: 1218-AB77 2264. CONSULTATION Priority: Other Significant Legal Authority: 29 USC 670 CFR Citation: 29 CFR 1908 Legal Deadline: None Abstract: OSHA proposed an amendment to 29 CFR 1908, the Agency's regulations governing consultation agreements, to provide for full employee involvement in the consultative process in line with the President's directive to enhance worker participation in the consultation program (The New OSHA: Reinventing Worker Safety and Health, May 1995), and to implement the requirements of the Occupational Safety and Health Administration Compliance Assistance Authorization Act of 1999 (section 21(d)) of the OSH Act.
Regulatory Flexibility Analysis Required: No Government Levels Affected: None
Agency Contact: Paula O. White, Director, Directorate of Federal State Operations, Department of Labor, Occupational Safety and Health Administration, Room N3700, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 RIN: 1218-AB79 2265. WALKING WORKING SURFACES AND PERSONAL FALL PROTECTION SYSTEMS (1910) (SLIPS, TRIPS AND FALL PREVENTION) Priority: Other Significant. Major status under 5 USC 801 is undetermined. Unfunded Mandates: Undetermined Reinventing Government: This rulemaking is part of the Reinventing Government effort. It will revise text in the CFR to reduce burden or duplication, or streamline requirements. Legal Authority: 29 USC 655 (b) CFR Citation: 29 CFR 1910, subparts D and I Legal Deadline: None Abstract: In 1990, OSHA proposed (55 FR 13360) a rule addressing slip, trip, and fall hazards and establishing requirements for personal fall protection systems. OSHA has analyzed the record and determined that it is appropriate to move forward with a final rule addressing personal fall protection requirements (subpart I of 29 CFR 1910). The Agency intends to issue a final rule in 2001.
Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: None
Agency Contact: Marthe B. Kent, Director, Directorate of Safety Standards Programs, Department of Labor, Occupational Safety and Health Administration, Room N3609, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 RIN: 1218-AB80 2266. PLAIN LANGUAGE REVISIONS TO THE EXIT ROUTES STANDARD Priority: Substantive, Nonsignificant Reinventing Government: This rulemaking is part of the Reinventing Government effort. It will revise text in the CFR to reduce burden or duplication, or streamline requirements. Legal Authority: 29 USC 655(b); 5 USC 353 CFR Citation: 29 CFR 1910.35; 29 CFR 1910.36; 29 CFR 1910.37; 29 CFR 1910.38 Legal Deadline: None Abstract: This plain language effort will revise one of OSHA's most complex and out-of-date standards, Means of Egress, codified at 29 CFR 190.38. This standard addresses exit routes in general industry workplaces, which are essential to guide employees to safety in an emergency. The plain language rule will be titled "Exit Routes." This rule was originally listed under RIN 1218-AB55.
Regulatory Flexibility Analysis Required: No Government Levels Affected: None
Agency Contact: Marthe B. Kent, Director, Directorate of Safety Standards Programs, Department of Labor, Occupational Safety and Health Administration, Room N3609, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 RIN: 1218-AB82 2267. • COTTON DUST: WASHED COTTON EXEMPTION (RULEMAKING RESULTING FROM A SECTION 610 REVIEW) Priority: Substantive, Nonsignificant Reinventing Government: This rulemaking is part of the Reinventing Government effort. It will revise text in the CFR to reduce burden or duplication, or streamline requirements. Legal Authority: 29 USC 655(b) CFR Citation: 29 CFR 1910.1043(n) Legal Deadline: None Abstract: OSHA has completed a Lookback Review of the Cotton Dust Standard pursuant to Section 610 of the Regulatory Flexibility Act and Section 5 of Executive Order 12866. As part of that review OSHA requested public comments (63 FR 32140, June 22, 1998) and held two public meetings. During that review commenters representing the National Institute for Occupational Safety and Health (NIOSH), the Washed Cotton Task Force, and industry and union representatives on the task force recommended that OSHA expand the washed cotton partial exemption that appears in the cotton dust standard. Raw cotton washed according to certain protocols creates a much lower risk of byssinosis, and the current cotton dust standard at 29 CFR 1910.1043(n) provides a partial exemption from the standard for such washed cotton. The Washed Cotton Task Force, made up of representatives of government, industry and unions, has sponsored research which demonstrates that cotton washed pursuant to an additional process, batch kier washing following a specific protocol, also creates a much lower risk of byssinosis. One of the purposes of a Lookback Review is to streamline regulation when that is appropriate based on experience or new science. Expanding the washed cotton partial exemption is supported by new science and seems generally to be supported by the affected community. Accordingly, OSHA intends to promptly issue a direct final rule to expand the partial exemption from the cotton dust standard to batch kier washed in accordance with the protocol recommended by the Task Force.
Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: None Additional Information: Will permit cotton textile mills, many of which are small businesses pursuant to the SBA definition, to choose an option which will reduce their costs to comply with OSHA's cotton dust standard.
Agency Contact: Marthe B. Kent, Acting Director, Directorate of Health Standards Programs, Department of Labor, Occupational Safety and Health Administration, Room N3718, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 RIN: 1218-AB90
2268. RESPIRATORY PROTECTION (PROPER USE OF MODERN RESPIRATORS) Priority: Economically Significant. Major under 5 USC 801. Unfunded Mandates: This action may affect the private sector under PL 104-4. Reinventing Government: This rulemaking is part of the Reinventing Government effort. It will revise text in the CFR to reduce burden or duplication, or streamline requirements. Legal Authority: 29 USC 655(b); 33 USC 941; 40 USC 333 CFR Citation: 29 CFR 1910.134; 29 CFR 1915.152; 29 CFR 1918.102; 29 CFR 1926.103 Legal Deadline: None Abstract: In January 1998, OSHA published the final respiratory protection standard, except for the reserved provision on assigned protection factors (APFs). APFs are numbers that estimate the degree of performance of the various classes of respirators. OSHA is developing an approach to devising APFs that involves analyzing available data including data from workplace and chamber studies, where such data are available. OSHA will request further public comment on the analyses conducted using this approach. This will assure that OSHA receives and fully considers public input before issuing final APFs. OSHA expects to complete the rulemaking on APFs in 2001.
Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal, State, Local, Tribal
Agency Contact: Marthe B. Kent, Acting Director, Directorate of Health Standards Programs, Department of Labor, Occupational Safety and Health Administration, Room N3718, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 RIN: 1218-AA05 2269. LONGSHORING AND MARINE TERMINALS (PARTS 1917 AND 1918) -- REOPENING OF THE RECORD (VERTICAL TANDEM LIFTS (VTLS)) Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Unfunded Mandates: Undetermined Reinventing Government: This rulemaking is part of the Reinventing Government effort. It will revise text in the CFR to reduce burden or duplication, or streamline requirements. Legal Authority: 33 USC 941; 29 USC 655 CFR Citation: 29 CFR 1918.11; 29 CFR 1918.85 Legal Deadline: None Abstract: OSHA issued a final rule on Longshoring on July 25, 1997 (62 FR 40142). However, in that rule, the Agency reserved provisions related to vertical tandem lifts. Vertical tandem lifts (VTLs) involve the lifting of two empty single intermodal containers, secured together with twist locks, at the same time. Because some commenters to the record questioned the safety of allowing such tandem lifts and the record does not contain adequate information to allow the Agency to address this issue, OSHA is gathering additional information. The Agency will make a decision about whether to proceed with rulemaking or to address this issue through a compliance directive in early 2001.
Regulatory Flexibility Analysis Required: No Government Levels Affected: None
Agency Contact: Marthe B. Kent, Director, Directorate of Safety Standards Programs, Department of Labor, Occupational Safety and Health Administration, Room N3609, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 RIN: 1218-AA56 2270. SCAFFOLDS IN SHIPYARDS (PART 1915 -- SUBPART N) Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Unfunded Mandates: Undetermined Reinventing Government: This rulemaking is part of the Reinventing Government effort. It will revise text in the CFR to reduce burden or duplication, or streamline requirements. Legal Authority: 29 USC 655(b); 33 USC 941 CFR Citation: 29 CFR 1915.71 Legal Deadline: None Abstract: During the 1980s, OSHA embarked on a project to update and consolidate the various OSHA standards that were applied in the shipbuilding, shiprepair, and shipbreaking industry. Shipyard employers are subject to both shipyard and general industry standards, and this project aimed at establishing a vertical standard for shipyard employment by addressing six shipyard employment safety standards (Confined Spaces, Welding, Access/Egress, Personal Protective Equipment, Fall Protection and Scaffolding). Proposals on these subparts were issued in November 1988 (53 FR 48092). Final rules have been issued on two of these proposals: Personal Protective Equipment and Confined Spaces. The remaining subparts in part 1915 were categorized as Phase II of the consolidation project (including General Working Conditions and Fire Protection). This standard will revise the existing shipyard employment standards covering scaffolds and will consolidate all related and applicable 29 CFR part 1910 provisions into 29 CFR part 1915. It will develop, in part, performance-oriented standards, address current gaps in coverage, and address new technologies. About 75,000 workers are potentially exposed to these hazards annually.
Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined
Agency Contact: Marthe B. Kent, Director, Directorate of Safety Standards Programs, Department of Labor, Occupational Safety and Health Administration, Room N3609, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 RIN: 1218-AA68 2271. ACCESS AND EGRESS IN SHIPYARDS (PART 1915, SUBPART E) (SHIPYARDS: EMERGENCY EXITS AND AISLES) Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Unfunded Mandates: Undetermined Reinventing Government: This rulemaking is part of the Reinventing Government effort. It will revise text in the CFR to reduce burden or duplication, or streamline requirements. Legal Authority: 29 USC 655(b); 33 USC 941 CFR Citation: 29 CFR 1915.72; 29 CFR 1915.74; 29 CFR 1915.75; 29 CFR 1915.76 Legal Deadline: None Abstract: In the 1980s, OSHA embarked on a project to update and consolidate OSHA standards that applied to the shipbuilding, shiprepair, and shipbreaking industry. Shipyard employers are subject to both the shipyard and general industry standards, and this project aimed at establishing a vertical standard for shipyard employment by addressing six subparts (Confined Spaces, Welding, Access/Egress, Personal Protective Equipment, Fall Protection and Scaffolding). Proposals on these subparts were issued in November 1988 (53 FR 48092). Final rules have been issued on two of these proposals: Personal Protective Equipment and Confined Spaces. The remaining subparts in part 1915 were categorized as Phase II of the consolidation project (including General Working Conditions and Fire Protection). This standard will revise the existing shipyard employment standards covering access and egress and will consolidate all related and applicable 29 CFR part 1910 provisions into 29 CFR part 1915. The revision will develop, in part, performance-oriented standards, address current gaps in coverage, address new technology, and eliminate outmoded and redundant provisions. About 75,000 workers are potentially exposed to these hazards annually.
Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined
Agency Contact: Marthe B. Kent, Director, Directorate of Safety Standards Programs, Department of Labor, Occupational Safety and Health Administration, Room N3609, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 RIN: 1218-AA70 2272. ACCREDITATION OF TRAINING PROGRAMS FOR HAZARDOUS WASTE OPERATIONS (PART 1910) Priority: Other Significant. Major status under 5 USC 801 is undetermined. Unfunded Mandates: Undetermined Legal Authority: 29 USC 655(b); PL 101-549 (November 15, 1990); 5 USC 552(a); 5 USC 553 CFR Citation: 29 CFR 1910.121 Legal Deadline: None Abstract: The Superfund Amendments and Reauthorization Act (SARA) of 1986 (Public Law 99-499) established the criteria under which OSHA was to develop and promulgate the Hazardous Waste Operations and Emergency Response standard. OSHA issued an interim final standard on December 19, 1986 (51 FR 45654) to comply with the law's requirements. OSHA issued a permanent final rule for provisions on training to replace this interim rule on March 9, 1989 (29 CFR 1910.120). On December 22, 1987, as part of an omnibus budget reconciliation bill (PL 100-202), Congress amended section 126(d)(3) of SARA to include accreditation of training programs for hazardous waste operations. OSHA issued a proposal on January 26, 1990 (55 FR 2776), addressing this issue. OSHA received public comments following the issuance of the proposal. OSHA also reopened the record in June 1992 to allow additional public comment on an effectiveness of training study that the Agency had conducted. OSHA has also developed nonmandatory guidelines to further address minimum training criteria. OSHA has not yet determined what further steps, if any, are necessary in this rulemaking.
Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined
Agency Contact: Marthe B. Kent, Director, Directorate of Safety Standards Programs, Department of Labor, Occupational Safety and Health Administration, Room N3609, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 RIN: 1218-AB27 2273. INDOOR AIR QUALITY IN THE WORKPLACE Priority: Economically Significant. Major status under 5 USC 801 is undetermined. Unfunded Mandates: Undetermined Legal Authority: 29 USC 655 CFR Citation: 29 CFR 1910; 29 CFR 1915; 29 CFR 1926; 29 CFR 1928 Legal Deadline: None Abstract: Every day, more than 20 million American workers face an unnecessary health threat because of indoor air pollution in the workplace. Thousands of heart disease deaths, hundreds of lung cancer deaths, and many cases of respiratory disease, Legionnaire's disease, asthma, and other ailments are estimated to be linked to this occupational hazard. EPA estimates that 20 to 35 percent of all workers in modern mechanically ventilated buildings may experience air-quality related signs and symptoms. After reviewing and analyzing available information, OSHA published a proposed rule on April 5, 1994. The proposal would require employers to write and implement indoor air quality compliance plans that would include inspection and maintenance of current building ventilation systems to ensure they are functioning as designed. In buildings where smoking is allowed, the proposal would require designated smoking areas that would be separate, enclosed rooms where the air would be exhausted directly to the outside. Other proposed provisions would require employers to maintain healthy air quality during renovation, remodeling, and similar activities. The provisions for indoor air quality would apply to 70 million workers and more than 4.5 million nonindustrial indoor work environments, including schools and training centers, offices, commercial establishments, health care facilities, cafeterias and factory break rooms. The proposed ETS provisions would apply to all 6 million industrial and nonindustrial work environments under OSHA's jurisdiction. OSHA preliminarily estimated that the proposed standard would prevent a substantial number of air-quality related illnesses per year.
Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Federalism: This action may have federalism implications as defined in EO 13132.
Agency Contact: Marthe B. Kent, Acting Director, Directorate of Health Standards Programs, Department of Labor, Occupational Safety and Health Administration, Room N3718, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 RIN: 1218-AB37 2274. GENERAL WORKING CONDITIONS FOR SHIPYARD EMPLOYMENT Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Unfunded Mandates: Undetermined Reinventing Government: This rulemaking is part of the Reinventing Government effort. It will revise text in the CFR to reduce burden or duplication, or streamline requirements. Legal Authority: 29 USC 655(b); 33 USC 941 CFR Citation: 29 CFR 1915, subpart F Legal Deadline: None Abstract: During the 1980s, OSHA embarked on a project to update and consolidate the various OSHA shipyard standards that were applied in the shipbuilding, shiprepair, and shipbreaking industry. Publication of a proposal addressing general working conditions in shipyards is part of this project. The operations addressed in this rulemaking relate to housekeeping, illumination, sanitation, first aid, and lockout/tagout. About 75,000 workers are exposed annually to these hazards. Timetable: Next Action Undetermined Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: None
Agency Contact: Marthe B. Kent, Director, Directorate of Safety Standards Programs, Department of Labor, Occupational Safety and Health Administration, Room N3609, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 RIN: 1218-AB50 2275. FIRE PROTECTION IN SHIPYARD EMPLOYMENT (PART 1915, SUBPART P) (SHIPYARDS: FIRE SAFETY) Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Unfunded Mandates: Undetermined Reinventing Government: This rulemaking is part of the Reinventing Government effort. It will revise text in the CFR to reduce burden or duplication, or streamline requirements. Legal Authority: 29 USC 655(b); 33 USC 941 CFR Citation: 29 CFR 1915, subpart P Legal Deadline: None Abstract: During the 1980s, OSHA embarked on a project to update and consolidate the various OSHA shipyard standards that were applied in the shipbuilding, shiprepair, and shipbreaking industry. With the assistance of the Agency's Maritime Advisory Committee on Occupational Safety and Health, OSHA formed a Negotiated Rulemaking Committee to develop draft regulatory text addressing fire protection in shipyards. The committee includes members representing employers, employees, and other affected parties. The committee has drafted a regulatory text and is now working with OSHA staff to refine and support it in preparation for publication as a proposed rule. The operations that would be addressed in this rulemaking relate to fire brigades, fire extinguishers, sprinkler systems, detection systems, alarm systems, fire watches, and emergency plans. A total of 75,000 workers are potentially exposed to these hazards annually. This proposed standard is expected to be published next year.
Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined
Agency Contact: Marthe B. Kent, Director, Directorate of Safety Standards Programs, Department of Labor, Occupational Safety and Health Administration, Room N3609, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 RIN: 1218-AB51 2276. METALWORKING FLUIDS: PROTECTING RESPIRATORY HEALTH Priority: Other Significant. Major status under 5 USC 801 is undetermined. Unfunded Mandates: Undetermined Legal Authority: 29 USC 655(b)(1); 29 USC 656(b) CFR Citation: 29 CFR 1910 Legal Deadline: None Abstract: In December 1993, the International Union, United Automobile Aerospace and Agricultural Implement Workers of America, petitioned OSHA to take emergency regulatory action to protect workers from the risks of occupational cancers and respiratory illnesses due to exposure to metalworking fluids. In response to the petition, OSHA established a 15-member Standards Advisory Committee to make recommendations to OSHA regarding the need for a standard, a guideline, or other appropriate response to the dangers of occupational exposures to metalworking fluids. The Committee recommended that OSHA proceed with a rulemaking on metalworking fluids under section 6(b)(5) of the Act. Workers exposed to these fluids are at risk of developing respiratory diseases, including hypersensitivity pneumonitis, occupational asthma, and lung cancer and dermatoses. The committee submitted its report to OSHA in July, 1999. OSHA plans to propose a standard in 2001.
Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined
Agency Contact: Marthe B. Kent, Acting Director, Directorate of Health Standards Programs, Department of Labor, Occupational Safety and Health Administration, Room N3718, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 RIN: 1218-AB58 2277. FALL PROTECTION IN THE CONSTRUCTION INDUSTRY Priority: Substantive, Nonsignificant Legal Authority: 29 USC 655(b); 40 USC 333 CFR Citation: 29 CFR 1926 Legal Deadline: None Abstract: OSHA issued an ANPRM to gather information on fall protection issues regarding certain construction processes such as residential home building, precast concrete operations and post frame construction. The issues relate to the fall protection rules as they now apply to roofing work, residential construction operations, climbing reinforcement steel and vendors delivering materials to construction projects. These issues have arisen since OSHA revised the fall protection standard in August 1994. The comment period on the ANPRM closed January 24, 2000. OSHA is now evaluating comments to determine whether further action is required.
Regulatory Flexibility Analysis Required: No Government Levels Affected: None
Agency Contact: Russell B. Swanson, Director, Directorate of Construction, Department of Labor, Occupational Safety and Health Administration, Room N3468, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 RIN: 1218-AB62 2278. SAFETY STANDARDS FOR SCAFFOLDS USED IN THE CONSTRUCTION INDUSTRY -- PART II Priority: Substantive, Nonsignificant Legal Authority: 29 USC 655(b); 40 USC 333 CFR Citation: 29 CFR 1926.450; 29 CFR 1926.451; 29 CFR 1926.452; 29 CFR 1926.453; 29 CFR 1926.454 Legal Deadline: None Abstract: Since the promulgation of a final rule for scaffolds used in construction in August 1996, several issues have arisen under the new standard. The Agency will solicit information on several issues including: (1) providing access to platforms where decking extends past the ends of the scaffold; (2) changing the minimum width for roof brackets to less than 12 inches; (3) changing the requirements for grounding of the scaffold during welding operations; and (4) requiring the use of scaffold grade planks. Timetable: Next Action Undetermined Regulatory Flexibility Analysis Required: No Government Levels Affected: None
Agency Contact: Russell B. Swanson, Director, Directorate of Construction, Department of Labor, Occupational Safety and Health Administration, Room N3468, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 RIN: 1218-AB68 2279. SAFETY AND HEALTH PROGRAMS FOR CONSTRUCTION Priority: Economically Significant. Major status under 5 USC 801 is undetermined. Unfunded Mandates: Undetermined Legal Authority: 29 USC 655; 29 USC 657; 40 USC 333 CFR Citation: 29 CFR 1926 Legal Deadline: None Abstract: In response to industry requests and in response to the recommendation of OSHA's Advisory Committee on Construction Safety and Health (ACCSH), OSHA has determined that the current safety and health program standards contained in subpart C of the construction standards, 29 CFR 1926, need to be revised to provide construction employers with a more comprehensive set of requirements to assist them in establishing safety and health programs. Safety and health programs have proven to be an effective, systematic method of identifying and correcting existing workplace safety and health hazards, as well as preventing those that might arise in the future. After its April 1996 meeting, ACCSH began to develop language and concepts to submit to OSHA for consideration as a proposed rule. Over 130 stakeholders representing small, medium and large contractors and host employers and stakeholders (such as petroleum producers; contractor associations; labor unions; other governmental agencies; and nonprofit institutions) have participated in these ACCSH discussions. Although OSHA is still developing the details of a new proposed safety and health program standard, the proposal will require employers to set up a program for managing workplace safety and health in order to reduce the incidence of occupational deaths, injuries, and illnesses. The standard will not impose duties on employers to control hazards that they are not already required to control. Instead, the standard will provide a basic framework for systematically identifying and controlling workplace hazards already covered by the OSH Act under section 5(a)(1) and current OSHA standards.
Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: None Federalism: Undetermined Additional Information: A separate standard is being developed for general industry (29 CFR 1910) and the maritime (29 CFR 1915, 1917 and 1918) industries (see entry for RIN 1218-AB41).
Agency Contact: Russell B. Swanson, Director, Directorate of Construction, Department of Labor, Occupational Safety and Health Administration, Room N3468, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 RIN: 1218-AB69 2280. CONTROL OF HAZARDOUS ENERGY (LOCKOUT) IN CONSTRUCTION (PART 1926) (PREVENTING CONSTRUCTION INJURIES/FATALITIES: LOCKOUT) Priority: Economically Significant Legal Authority: 29 USC 655(b); 40 USC 333 CFR Citation: 29 CFR 1926 Legal Deadline: None Abstract: OSHA issued a general industry rule on September 1, 1989 (54 FR 36644) to address the hazards posed to workers by the failure to control hazardous energy (i.e., the failure to properly lock out or tag out machines and equipment) during repair and servicing activities. OSHA has not yet issued a standard to prevent these accidents during equipment repair and maintenance activities in the construction industry. Four million workers annually may be exposed to this hazard in construction workplaces. Construction sites often do not have effective lockout/tagout procedures to control hazardous energy because of several factors, all associated with the nature of the construction industry. These factors basically relate to the types of machines and equipment found in construction; the makeup of the industry (i.e., employment is relatively "short term," lasting only as long as the length of the current project); multiple employers having different employer/employee relationships are present at the same site; and "in-the-field" maintenance activity is usually temporary. OSHA intends to issue a proposal to address this hazard in this industry.
Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: None
Agency Contact: Russell B. Swanson, Director, Directorate of Construction, Department of Labor, Occupational Safety and Health Administration, Room N3468, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 RIN: 1218-AB71 2281. OCCUPATIONAL EXPOSURE TO BERYLLIUM Priority: Other Significant. Major status under 5 USC 801 is undetermined. Unfunded Mandates: Undetermined Legal Authority: 29 USC 655(b); 29 USC 657 CFR Citation: 29 CFR 1910 Legal Deadline: None Abstract: Beryllium is a lightweight metal that is used for nuclear weapons, for atomic energy, and for metal alloys such as beryllium-copper and beryllium-aluminum. The metal alloys are used in dental appliances, golf clubs, non-sparking tools, wheelchairs, etc. Beryllium is also used in the ceramics industry. OSHA's current permissible exposure limits for beryllium are: an 8-hour TWA of 2 ug/m3; a 5 ug/m3 ceiling concentration not to be exceeded over a 30-minute period; and a 25 ug/m3 maximum peak exposure never to be exceeded. In 1977, OSHA proposed to reduce the 8-hour TWA exposure to beryllium from 2 ug/m3 to 1 ug/m3 based on evidence that beryllium caused lung cancer in exposed workers. A hearing followed the proposal, but a final standard was never published. Since the previous OSHA hearing, NIOSH has updated its studies on beryllium exposed workers. The study results again demonstrated a significant excess of lung cancer among exposed workers. The International Agency for Research on Cancer (IARC) has concluded that beryllium is a carcinogen in humans (Category I). In addition to lung cancer, a new OSHA beryllium standard would address chronic beryllium disease (CBD), a fatal disease involving lung fibrosis and other organ toxicity. Based on several recent studies involving workers employed in the beryllium ceramics industry, in beryllium production, and in Department of Energy facilities, there is now evidence that very low level beryllium exposure (less than 0.5 ug/m3) may cause CBD. A new medical surveillance tool is now available that allows for the early detection of workers with CBD prior to any signs of clinical disease or symptoms. Beryllium-sensitized workers convert to CBD at an estimated rate of about 10 percent per year. This "beryllium sensitization" test is being used in clinical studies of current and past exposed workers. Recent study results indicate that between 5 percent and 15 percent of beryllium-exposed workers are sensitized and will eventually develop CBD. In the past year, OSHA was petitioned to issue an emergency temporary standard (ETS) by the Paper, Allied-Industrial, Chemical and Energy Workers Union (PACE) to protect workers from developing Chronic Beryllium Disease (CBD) and lung cancer as a result of occupational beryllium exposure. The petition was denied, but the Agency has initiated rulemaking under Section 6(b)(5) to protect beryllium-exposed workers from contracting these diseases.
Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined
Agency Contact: Marthe B. Kent, Acting Director, Directorate of Health Standards Programs, Department of Labor, Occupational Safety and Health Administration, Room N3718, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 RIN: 1218-AB76 2282. CONSOLIDATION OF RECORDS MAINTENANCE REQUIREMENTS IN OSHA STANDARDS Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Unfunded Mandates: Undetermined Reinventing Government: This rulemaking is part of the Reinventing Government effort. It will eliminate existing text in the CFR. Legal Authority: 40 USC 333; 29 USC 655; 33 USC 941; 5 USC 553 CFR Citation: 29 CFR 1910; 29 CFR 1915 to 1918; 29 CFR 1926; 29 CFR 1928 Legal Deadline: None Abstract: OSHA is initiating a rulemaking to simplify and consolidate many of its requirements for employers to maintain records of training, testing, medical surveillance, and other activities conducted to comply with OSHA health and safety standards. These records maintenance requirements appear in many OSHA standards and are codified at 29 CFR 1910 (General Industry), 29 CFR 1915-1918 (Maritime), 29 CFR 1926 (Construction), and 29 CFR 1928 (Agriculture). The final rule, when published, will facilitate compliance with these requirements and reduce the amount of paperwork associated with these records, but will leave employee protections unchanged.
Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined
Agency Contact: Marthe B. Kent, Director, Directorate of Safety Standards Programs, Department of Labor, Occupational Safety and Health Administration, Room N3609, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 RIN: 1218-AB78 2283. OIL AND GAS WELL DRILLING AND SERVICING Priority: Economically Significant. Major status under 5 USC 801 is undetermined. Unfunded Mandates: This action may affect State, local or tribal governments and the private sector. Legal Authority: 29 USC 655(b); 29 USC 657 CFR Citation: 29 CFR 1910.270 Legal Deadline: None Abstract: OSHA intends to propose a standard for the oil and gas well drilling and servicing industry. In 1982, OSHA proposed a standard for the industry. OSHA believed at that time that the OSHA general industry standard did not adequately address the hazards of oil and gas well drilling and servicing and that this lack of protection contributed to a high number of deaths and injuries in the industry. No final action was taken with respect to the proposed standard and, therefore, there is still no specific OSHA standard for the oil and gas well drilling and servicing industry. OSHA intends to repropose in the near future, because changes in technology, conditions in the industry, and workforce demographics necessitate the issuance of a new proposal. The oil and gas well drilling and servicing industry is involved in extracting underground deposits of oil and gas and in maintaining the equipment used to bring the oil and gas to the surface. In 1997, there were 85 deaths resulting from accidents in the industry, caused by such events as falling from equipment/platforms to another level, being struck or crushed by equipment, and being asphyxiated. OSHA has begun collecting information and data with respect to the industry and will soon hold stakeholder meetings to provide an early opportunity to those who may be impacted by a standard to discuss their ideas on the rulemaking.
Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: None
Agency Contact: Marthe B. Kent, Director, Directorate of Safety Standards Programs, Department of Labor, Occupational Safety and Health Administration, Room N3609, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 RIN: 1218-AB83 2284. • WOODWORKING MACHINERY Priority: Economically Significant. Major status under 5 USC 801 is undetermined. Reinventing Government: This rulemaking is part of the Reinventing Government effort. It will revise text in the CFR to reduce burden or duplication, or streamline requirements. Legal Authority: 29 USC 655(b) CFR Citation: 29 CFR 1910.213 Legal Deadline: None Abstract: OSHA's standards for woodworking machinery (29 CFR 1910.213) have not been updated since their adoption in 1971. The corresponding industry consensus standards have been updated several times in the intervening years. OSHA intends to work with affected stakeholders to develop an updated woodworking machinery standard that reflects the technological advances and changes in occupational safety and health practices that have taken place since then. The revised standard will take account of approaches included in the most recent voluntary consensus standard.
Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: None
Agency Contact: Marthe B. Kent, Director, Directorate of Safety Standards Programs, Department of Labor, Occupational Safety and Health Administration, Room N3609, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 RIN: 1218-AB92 2285. • ERGONOMICS PROGRAMS IN CONSTRUCTION (PART 1926): PREVENTING WORK-RELATED MUSCULOSKELETAL DISORDERS AMONG CONSTRUCTION WORKERS Priority: Economically Significant. Major status under 5 USC 801 is undetermined. Legal Authority: 29 USC 655(b); 40 USC 333 CFR Citation: 29 CFR 1926 Legal Deadline: None Abstract: Based on evidence that employers in the construction industry report to the Bureau of Labor Statistics, more than 40,000 lost-time musculoskletal disorders (MSDs) occur among their workers every year. Accordingly, OSHA has decided to begin to gather information for future rulemaking to address these disorders. When the number of non-lost worktime MSDs in this workforce is added to the total, the annual number of MSDs experienced by construction workers is likely to exceed 200,000. Approximately one-third of the costs construction employers incur for workers' compensation every year goes to pay for these costly injuries. However, many work-related MSDs are preventable, and many low-cost methods of reducing worker exposure to ergonomic risk factors are now available for the construction industry. OSHA intends to publish an ANPR to gather information on the construction workers most at risk, feasible methods of reducing this risk, and successful ergonomics programs in construction. Timetable: Next Action Undetermined Regulatory Flexibility Analysis Required: Undetermined Small Entities Affected: Businesses Government Levels Affected: Undetermined
Agency Contact: Marthe B. Kent, Acting Director, Directorate of Health Standards Programs, Department of Labor, Occupational Safety and Health Administration, Room N3718, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 RIN: 1218-AB94 2286. • SUBPART S -- ELECTRICAL STANDARDS Priority: Economically Significant. Major status under 5 USC 801 is undetermined. Reinventing Government: This rulemaking is part of the Reinventing Government effort. It will revise text in the CFR to reduce burden or duplication, or streamline requirements. Legal Authority: 29 USC 655(b) CFR Citation: 29 CFR 1910. Subpart S Legal Deadline: None Abstract: The Occupational Safety and Health Administration (OSHA) is planning to update the Subpart S-Electrical Standard and will rely heavily on the materials involved in the development of the 2000 Edition of the National Fire Protection Association's (NFPA's) 70 E standard for Electrical Safety Requirements for Employee Workplaces. This revision will provide the first update of Subpart S-Electrical since the standard was originally published in 1981. It will thus allow the latest technological developments to be considered; several of these state-of-the-art safety developments will be addressed by OSHA for the first time. The update of Subpart S-Electrical will also permit the completion of standards covering safety-related maintenance requirements and safety requirement for special equipment.
Regulatory Flexibility Analysis Required: Undetermined Small Entities Affected: No Government Levels Affected: None
Agency Contact: Marthe B. Kent, Director, Directorate of Safety Standards Programs, Department of Labor, Occupational Safety and Health Administration, Room N3609, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 RIN: 1218-AB95 2287. • OCCUPATIONAL HEALTH RISKS IN THE MANUFACTURE AND ASSEMBLY OF SEMICONDUCTORS Priority: Substantive, Nonsignificant Legal Authority: 29 USC 655(b) CFR Citation: Not Yet Determined Legal Deadline: None Abstract: The manufacture and assembly of semiconductors requires the use of a variety of complex mixtures of chemicals. For most of these chemicals, adequate data on toxicity are not available, although chemical structure suggests that they may present potential health risks. The types of mixtures used and their components change rapidly in this industry. OSHA is a aware of case reports and epidemiologic studies suggesting excesses of certain cancers and reproductive damage among employees in this industry. Although these effects may be associated with processes and mixtures no longer in common use, the 1995 Priority Planning Process emphasized reproductive hazards as an item of special concern. Accordingly, OSHA is planning to request information on the chemical content of "photoresist" and other mixtures currently used in semiconductor manufacture and assembly, on employee exposures in this sector, on toxicological information available about the components or mixtures, and about feasible means of reducing vapor-phase exposures in industry "clean rooms."
Regulatory Flexibility Analysis Required: No Government Levels Affected: None
Agency Contact: Marthe B. Kent, Acting Director, Directorate of Health Standards Programs, Department of Labor, Occupational Safety and Health Administration, Room N3718, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 RIN: 1218-AB96 2288. • COMMERCIAL DIVING OPERATIONS: TECHNICAL AMENDMENT Priority: Substantive, Nonsignificant Legal Authority: 29 USC 655 CFR Citation: 29 CFR 1910.423 Legal Deadline: None Abstract: OSHA's Commercial Diving Operations standard (29 CFR 1910.401 to 1910.441) was published in 1977. In the intervening years, major changes in the technology of diving systems and equipment have occurred. In December 1999, OSHA granted a permanent variance to Dixie Divers, Inc. permitting recreational diving instructors employed by that company to comply with the provisions of the variance rather than with paragraphs (b)(2) and (c)(3)(iii) of 1910.423 and paragraph (b)(1) of 1910.426. Since granting of the variance, other employers of recreational diving instructors have asked OSHA to clarify the applicability of the variance to their operations. OSHA intends to issue a Request for Information to obtain data on the appropriateness of amending the commercial diving operations standard to reflect the alternative specified in the permanent variance granted to Dixie Divers, Inc.
Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None
Agency Contact: Marthe B. Kent, Director, Directorate of Safety Standards Programs, Department of Labor, Occupational Safety and Health Administration, Room N3609, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 RIN: 1218-AB97
2289. NATIONALLY RECOGNIZED TESTING LABORATORIES PROGRAMS: FEES Priority: Substantive, Nonsignificant Legal Authority: 31 USC 9701; 29 USC 653; 29 USC 655; 29 USC 657 CFR Citation: 29 CFR 1910.7 Legal Deadline: None Abstract: A number of OSHA standards require that certain products and equipment used in the workplace be tested and certified by a laboratory that has been recognized and accredited by OSHA. Through the Nationally Recognized Testing Laboratory (NRTL) Program OSHA has, to date, recognized 17 laboratories operating over 40 sites in the United States, Europe, Canada, and the Far East as NRTLs. OSHA recently completed its revision of 29 CFR 1910.7 to allow OSHA to charge fees to NRTLs for services that are provided to the NRTLs by OSHA. The fees are computed on the basis of the cost of the services to the Government. In determining the amount of such fees, OSHA followed the guidelines established by the Office of Management and Budget in Circular Number A-25. The final rule was published in the summer of 2000.
Regulatory Flexibility Analysis Required: No Government Levels Affected: None
Agency Contact: Bernard Pasquet, Directorate of Technical Support, Department of Labor, Occupational Safety and Health Administration, N3653, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 RIN: 1218-AB57 2290. REVOCATION OF CERTIFICATION RECORDS FOR TESTS, INSPECTIONS, AND TRAINING Priority: Other Significant Reinventing Government: This rulemaking is part of the Reinventing Government effort. It will eliminate existing text in the CFR. Legal Authority: 29 USC 655(b); 40 USC 333; 33 USC 941 CFR Citation: 29 CFR 1910; 29 CFR 1915; 29 CFR 1926; 29 CFR 1917; 29 CFR 1918 Legal Deadline: None Abstract: OSHA has completed its initial assessment of its rules which require employers to maintain certification records of tests, inspections and training. No rulemaking action is anticipated during the next year. OSHA is withdrawing this entry.
Regulatory Flexibility Analysis Required: No Government Levels Affected: None
Agency Contact: Marthe B. Kent, Director, Directorate of Safety Standards Programs, Department of Labor, Occupational Safety and Health Administration, Room N3609, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 RIN: 1218-AB65 2291. COTTON DUST (COMPLETION OF A SECTION 610 REVIEW) Priority: Other Significant Legal Authority: 29 USC 655 (b); 5 USC 553; 5 USC 610 CFR Citation: 29 CFR 1910.1043 Legal Deadline: None Abstract: OSHA has reviewed its cotton dust standard (29 CFR 1910.1043) in accordance with the requirements of section 610 of the Regulatory Flexibility Act and section 5 of EO 12866. The review covered the continued need for the rule; the nature of complaints or comments received from the public concerning the rule; the complexity of the rule; the extent to which the rule overlaps, duplicates or conflicts with other Federal rules and, to the extent feasible, with State and local rules; and the degree to which technology, economic conditions, or other factors have changed in the industries affected by the rule. The review concluded that the rule should be continued without change except to expand the washed cotton exemption.
Regulatory Flexibility Analysis Required: No Government Levels Affected: None
Agency Contact: John F. Martonik, Director, Office of Program Audits and Evaluation, Department of Labor, Occupational Safety and Health Administration, Room N3641, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 RIN: 1218-AB74 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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