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Federal Registers
Semiannual Regulatory Agenda. - 67:74749-74785 |
Federal Registers - Table of Contents |
| • Publication Date: | 12/09/2002 |
| • Publication Type: | Unified Agenda |
| • Fed Register #: | 67:74749-74785 |
| • Title: | Semiannual Regulatory Agenda. |
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Occupational Safety and Health Administration -- Prerule Stage
Occupational Safety and Health Administration -- Proposed Rule Stage
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register. Occupational Safety and Health Administration -- Final Rule Stage
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register. Occupational Safety and Health Administration -- Long-Term Actions
Occupational Safety and Health Administration -- Completed Actions
1839. 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 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. OSHA intends to issue a proposed rule addressing this construction industry hazard next year. Timetable:
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 Phone: 202 693-2020 Fax: 202 693-1689 Email: bswanson@dol.gov RIN: 1218-AB47 1840. 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 2003. Timetable:
Regulatory Flexibility Analysis Required: No Government Levels Affected: None Agency Contact: John F. Martonik, Evaluation, Department of Labor, Occupational Safety and Health Administration, Room N3641, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 Phone: 202 693-2043 Fax: 202 693-1641 Email: john.martonik@osha.gov RIN: 1218-AB60 1841. 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. Timetable:
Regulatory Flexibility Analysis Required: No Government Levels Affected: None Agency Contact: John F. Martonik, Evaluation, Department of Labor, Occupational Safety and Health Administration, Room N3641, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 Phone: 202 693-2043 Fax: 202 693-1641 Email: john.martonik@osha.gov RIN: 1218-AB73 1842. OCCUPATIONAL EXPOSURE TO BERYLLIUM Priority: Economically Significant. Major under 5 USC 801. Unfunded Mandates: Undetermined Legal Authority: 29 USC 655(b); 29 USC 657 CFR Citation: 29 CFR 1910 Legal Deadline: None Abstract: OSHA intends to issue a Request for Information and to evaluate the extensive research related to the mechanisms of disease underlying Chronic Beryllium Disease or beryllium sensitization and to identify the best ways of reducing employee exposure to beryllium. OSHA will also be identifying processes, industries, and kinds of businesses that involve the use of beryllium. This information is necessary if OSHA is to develop a rule to reduce worker exposure to dust or fumes from beryllium metal, metal oxides, or alloys, all of which may cause serious and sometimes fatal lung disease (chronic beryllium disease (CBD), lung cancer, and skin disease). In 1999 and in 2001, OSHA was petitioned to issue an emergency temporary standard by the Paper, Allied-Industrial, Chemical, and Energy Workers Union (PACE), Public Citizen Health Research group and others. The Agency denied these petitions but stated its intent to begin data gathering efforts to collect needed information on beryllium's toxicity, risks, and patterns of usage. The Request for Information will be designed to obtain such the rule. Timetable:
Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Agency Contact: Steven F. Witt, Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health Administration, Room N3605, 200 Constitution Avenue NW., Washington, DC 20210 Phone: 202 693-2222 Fax: 202 693-1663 RIN: 1218-AB76 1843. HEARING CONSERVATION PROGRAM FOR 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, no rule was promulgated to cover workers in the construction industry. A number of recent studies have shown that many construction workers experience work-related hearing loss. In addition, the use of engineering, administrative and personal protective equipment to reduce exposures to noise is not extensive in this industry. OSHA issued an advance notice of proposed rulemaking 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. Timetable:
Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: None Agency Contact: Steven F. Witt, Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health Administration, Room N3605, 200 Constitution Avenue NW., Washington, DC 20210 Phone: 202 693-2222 Fax: 202 693-1663 RIN: 1218-AB89 1844. PRESENCE SENSING DEVICE INITIATION OF MECHANICAL POWER PRESSES (SECTION 610 REVIEW) Priority: Substantive, Nonsignificant Legal Authority: 29 USC 651 et seq; 5 USC 610 CFR Citation: 29 CFR 1910.217(h), app A,B,C Legal Deadline: None Abstract: OSHA will undertake a review of the Agency's Presence Sensing Device Initiation of Mechanical Power Presses rule (29 CFR 1910.217) in accordance with the requirements of the Regulatory Flexibility Act and section 5 of Executive Order 12866. The review will consider among other things, the need for the rule, the impacts of the rule, public comments on the rule, the complexity of the rule, and whether the rule overlaps, duplicates, or conflicts with other regulations. Timetable:
Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Agency Contact: John F. Martonik, Evaluation, Department of Labor, Occupational Safety and Health Administration, Room N3641, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 Phone: 202 693-2043 Fax: 202 693-1641 Email: john.martonik@osha.gov RIN: 1218-AC03
1845. ASSIGNED PROTECTION FACTORS: AMENDMENTS TO THE FINAL RULE ON RESPIRATORY PROTECTION Regulatory Plan: This entry is Seq. No. 97 in part II of this issue of the Federal Register. RIN: 1218-AA05 1846. 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. Legal Authority: 29 USC 655(b); 33 USC 941 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 or more empty intermodal containers, secured together with twist locks, at the same time. OSHA has continued to work with national and international organizations to gather additional information on the safety of VTLs. The Agency is going to request additional information from the public on this issue, and prepare a notice of proposed rulemaking to address the safety issues of this type of work. Timetable:
Regulatory Flexibility Analysis Required: No Government Levels Affected: None Agency Contact: Steven F. Witt, Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health Administration, Room N3605, 200 Constitution Avenue NW., Washington, DC 20210 Phone: 202 693-2222 Fax: 202 693-1663 RIN: 1218-AA56 1847. OCCUPATIONAL EXPOSURE TO HEXAVALENT CHROMIUM (PREVENTING OCCUPATIONAL ILLNESS: CHROMIUM) Priority: Economically Significant. Major under 5 USC 801. 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 hexavalent 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 anhydride 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 hexavalent 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)(5) 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. OSHA will make a decision on what action to take next in May 2003. Timetable:
Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Agency Contact: Steven F. Witt, Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health Administration, Room N3605, 200 Constitution Avenue NW., Washington, DC 20210 Phone: 202 693-2222 Fax: 202 693-1663 RIN: 1218-AB45 1848. GENERAL WORKING CONDITIONS FOR SHIPYARD EMPLOYMENT Priority: Substantive, Nonsignificant Unfunded Mandates: Undetermined Legal Authority: 29 USC 655(b); 33 USC 941 CFR Citation: 29 CFR 1915 subpart F Legal Deadline: None Abstract: During the 1980s, OSHA initiated a project to update and consolidate the various OSHA shipyard standards that were applied in the shipbuilding, ship repair, and shipbreaking industries. Publication of a proposal addressing general working conditions in shipyards is part of this project. The operations addressed in this rulemaking relate to general working conditions such as housekeeping, illumination, sanitation, first aid, and lockout/tagout. About 100,000 workers are potentially exposed to these hazards annually. Timetable:
Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: None Agency Contact: Steven F. Witt, Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health Administration, Room N3605, 200 Constitution Avenue NW., Washington, DC 20210 Phone: 202 693-2222 Fax: 202 693-1663 RIN: 1218-AB50 1849. FIRE PROTECTION IN SHIPYARD EMPLOYMENT (PART 1915, SUBPART P) (SHIPYARDS: FIRE SAFETY) Regulatory Plan: This entry is Seq. No. 98 in part II of this issue of the Federal Register. RIN: 1218-AB51 1850. ELECTRIC POWER TRANSMISSION AND DISTRIBUTION; ELECTRICAL PROTECTIVE EQUIPMENT Priority: Other 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 1910.136; 29 CFR 1910.137; 29 CFR 1910.269; 29 CFR 1926 subpart V; 29 CFR 1926.97 Legal Deadline: None Abstract: Electrical hazards are a major cause of occupational death in the United States. The annual fatality rate for power line workers is about 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 nearly 30 years old. OSHA is developing a revision of this standard that will prevent many of these fatalities, add flexibility to the standard, and update and streamline the standard. OSHA also intends to amend the corresponding standard for general industry so that requirements for work performed during the maintenance of electric power transmission and distribution installations are the same as those for similar work in construction. In addition, OSHA will be revising a few miscellaneous general industry requirements primarily affecting electric transmission and distribution work, including provisions on electrical protective equipment and foot protection. This rulemaking will also address fall protection in aerial lifts for power generation, transmission and distribution work. Timetable:
Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Agency Contact: Steven F. Witt, Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health Administration, Room N3605, 200 Constitution Avenue NW., Washington, DC 20210 Phone: 202 693-2222 Fax: 202 693-1663 RIN: 1218-AB67 1851. OCCUPATIONAL EXPOSURE TO CRYSTALLINE SILICA Regulatory Plan: This entry is Seq. No. 99 in part II of this issue of the Federal Register. RIN: 1218-AB70 1852. 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 Legal Authority: 29 USC 655 (b) CFR Citation: 29 CFR 1910 subparts D and I Legal Deadline: None Abstract: In 1990, OSHA proposed a rule (55 FR 13360) addressing slip, trip, and fall hazards and establishing requirements for personal fall protection systems. Since that time, new technologies and procedures have become available to protect employees from these hazards. The Agency has been working to update these rules to reflect current technology. OSHA is publishing a notice to re-open the rulemaking for comment on a number of issues raised in the record for the NPRM, or related to technological advances. OSHA will be updating its regulatory analysis as well. Timetable:
Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: None Agency Contact: Steven F. Witt, Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health Administration, Room N3605, 200 Constitution Avenue NW., Washington, DC 20210 Phone: 202 693-2222 Fax: 202 693-1663 RIN: 1218-AB80 1853. STANDARDS IMPROVEMENT (MISCELLANEOUS CHANGES) FOR GENERAL INDUSTRY, MARINE TERMINALS, AND CONSTRUCTION STANDARDS (PHASE II) Regulatory Plan: This entry is Seq. No. 100 in part II of this issue of the Federal Register. RIN: 1218-AB81 1854. REVISION AND UPDATE OF SUBPART S -- ELECTRICAL STANDARDS Priority: Other Significant. Major status under 5 USC 801 is undetermined. 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 revise and update its 29 CFR 1910 Subpart S-Electrical Standards. OSHA will rely heavily on 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 Standard since they were originally published in 1981. OSHA intends to complete this project in several stages. The first stage will cover design safety standards for electrical systems, while the second stage will cover safety-related maintenance requirements and safety requirements for special equipment. 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. OSHA initially believed that the changes in the first stage would not be controversial, and thus had planned to issue a direct final rule. However, as work has progressed, we have determined that this is not the case, and we are preparing an NPRM instead. Timetable:
Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: None Agency Contact: Steven F. Witt, Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health Administration, Room N3605, 200 Constitution Avenue NW., Washington, DC 20210 Phone: 202 693-2222 Fax: 202 693-1663 RIN: 1218-AB95 1855. COMMERCIAL DIVING OPERATIONS: REVISION Priority: Substantive, Nonsignificant Legal Authority: 29 USC 655(b) CFR Citation: 29 CFR 1910.423; 29 CFR 1910.426 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 OSHA granted 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 notice of proposed rulemaking to amend the commercial diving operations standard to reflect the alternative specified in the permanent variance granted to Dixie Divers, Inc. Timetable:
Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Agency Contact: Steven F. Witt, Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health Administration, Room N3605, 200 Constitution Avenue NW., Washington, DC 20210 Phone: 202 693-2222 Fax: 202 693-1663 RIN: 1218-AB97 1856. CONTROLLED NEGATIVE PRESSURE FIT TESTING PROTOCOL: AMENDMENT TO THE FINAL RULE ON RESPIRATORY PROTECTION Priority: Info./Admin./Other Legal Authority: 29 USC 655(b); 29 USC 657 CFR Citation: 29 CFR 1910.134 Legal Deadline: None Abstract: In January 1998, OSHA published the final Respiratory Protection standard (29 CFR 1910.134). In the final revised respirator standard, OSHA set up a mechanism for OSHA's acceptance of new fit test protocols under Mandatory Appendix A. Any person may submit to OSHA an application for approval of a new fit test protocol, and if the application meets certain criteria, OSHA will initiate a rulemaking proceeding under 6(b)(7) of the OSH Act to determine whether to list the new protocol as an approved fit test protocol in Appendix A. OSHA has been petitioned to allow the use of a modified Controlled Negative Pressure (CNP) fit test protocol. Employers, employees, and safety and health professionals use fit testing to select respirators. Currently OSHA relies on fit testing methods specified in Appendix A of the final revised Respiratory Protection standard. When OSHA published the final Respiratory Protection standard in 1998, it allowed for later rulemaking on new fit test methods. This rulemaking action will allow for the incorporation of new fit test methods into 1910.134. Timetable:
Regulatory Flexibility Analysis Required: No Government Levels Affected: State, Local, Tribal, Federal Agency Contact: Steven F. Witt, Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health Administration, Room N3605, 200 Constitution Avenue NW., Washington, DC 20210 Phone: 202 693-2222 Fax: 202 693-1663 RIN: 1218-AC05
1857. UPDATE AND REVISION OF THE EXIT ROUTES STANDARD Regulatory Plan: This entry is Seq. No. 101 in part II of this issue of the Federal Register. RIN: 1218-AB82 1858. PROCEDURES FOR HANDLING OF DISCRIMINATION COMPLAINTS UNDER THE AVIATION INVESTMENT AND REFORM ACT Priority: Substantive, Nonsignificant Legal Authority: 49 USC 42121; PL 106-181, Wendell H. Ford Aviation Investment and Reform Act, sec 519 CFR Citation: 29 CFR 1979 Legal Deadline: None Abstract: On March 8, 2000, Congress enacted the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, commonly known as the Air Act. Section 519 of the Act (49 USC 42121) prohibits air carriers or air carrier contractors or subcontractors from discharging or otherwise discriminating against employees for exercising specified rights under the Act. The Act further provides that the Secretary of Labor investigate employee claims of discrimination and ultimately issue a determination and order after an opportunity for either party to request a hearing on the record. Procedural rules are needed for filing, investigating, litigating, and adjudicating complaints filed pursuant to the Act. Timetable:
Regulatory Flexibility Analysis Required: No Government Levels Affected: None Agency Contact: John Robert Spear, Director, Office of Investigative Assistance, Department of Labor, Occupational Safety and Health Administration, Rm 3603, 200 Constitution Avenue, NW, Washington, DC 20210 Phone: 202 693-2199 Fax: 202 693-2369 Email: john.spear@osha-no.osha.gov RIN: 1218-AB99
1859. 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 651; 29 USC 655; 29 USC 657 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 has re-opened the record to collect updated information before determining what action should be taken. OSHA will make a decision on what action to take next in April 2003. Timetable:
Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Agency Contact: Steven F. Witt, Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health Administration, Room N3605, 200 Constitution Avenue NW., Washington, DC 20210 Phone: 202 693-2222 Fax: 202 693-1663 RIN: 1218-AA84 1860. OCCUPATIONAL EXPOSURE TO TUBERCULOSIS Priority: Economically Significant. Major under 5 USC 801. Legal Authority: 29 USC 655(b) CFR Citation: 29 CFR 1910.1035 Legal Deadline: None Abstract: In 1993, the Labor Coalition to Fight TB in the Workplace petitioned the Occupational Safety and Health Administration (OSHA) to develop an occupational health standard to protect workers who care for or oversee patients or others with active tuberculosis (TB) against the transmission of TB. After reviewing the available information, OSHA preliminarily concluded that a significant risk of occupational transmission of TB exists for some workers in some work settings and began rulemaking on a proposed standard. Examples of workers at risk of contracting TB as a result of their work are health care workers, detention facility personnel, and homeless shelter employees. On October 17, 1997, OSHA published its proposed standard for occupational exposure to TB (62 FR 54160). The proposed standard would require employers to protect TB-exposed workers using infection control measures that have been shown to be highly effective in reducing or eliminating work-related TB infections. Such measures include procedures for the early identification of individuals with infectious TB, isolation of individuals with infectious TB using appropriate ventilation, use of respiratory protection in certain situations, and skin testing and training of employees. After the close of the written comment period for the proposed standard, informal public hearings were held in Washington, DC, Los Angeles, CA, New York City, NY, and Chicago, IL. The post-hearing comment period closed on October 5, 1998. On June 17, 1999, OSHA reopened the rulemaking record for 90 days to submit the Agency's report on homeless shelters and certain other documents that became available to the Agency after the close of the post-hearing comment period. During this limited reopening of the rulemaking record, OSHA also requested interested parties to submit comments and data on the Agency's preliminary risk assessment in order to obtain the best, most recent data for providing the most accurate estimates of the occupational risk of tuberculosis. At the request of Congress, the Institute of Medicine of the National Academy of Sciences (IOM) conducted a study of OSHA's proposal and the need for a TB standard. That study was completed in January 2001, and concluded that OSHA should move forward with a standard modeled after the CDC guidelines and tailored to the extent of TB risk present in the community. The IOM study concluded that an OSHA standard was needed to maintain national TB rates among health care and other employees at their current levels and to prevent future outbreaks of multidrug resistant and other forms of TB among these workers. OSHA has reopened the record to obtain comment on the IOM study, the draft final risk assessment and the peer reviewers' comment on the risk assessment. OSHA will make a decision on what action to take in November 2002. Timetable:
Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations Government Levels Affected: State, Local, Tribal, Federal Federalism: This action may have federalism implications as defined in EO 13132. Agency Contact: Steven F. Witt, Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health Administration, Room N3605, 200 Constitution Avenue NW., Washington, DC 20210 Phone: 202 693-2222 Fax: 202 693-1663 RIN: 1218-AB46 1861. EMPLOYER PAYMENT FOR PERSONAL PROTECTIVE EQUIPMENT Priority: Other Significant Legal Authority: 29 USC 655(b); 29 USC 657; 33 USC 941; 40 USC 333 CFR Citation: 29 CFR 1910.132; 29 CFR 1915.152; 29 CFR 1917.96; 29 CFR 1918.106; 29 CFR 1926.95 Legal Deadline: None Abstract: Generally, OSHA standards require that protective equipment (including personal protective equipment (PPE)) be provided and used when necessary to protect employees from hazards that can cause them injury, illness, or physical harm. In this discussion, OSHA uses the abbreviation "PPE" to cover both personal protective equipment and other protective equipment. The Agency proposed to revise its PPE standard to clarify who is required to pay for required PPE and under what circumstances. OSHA continues to consider the issue. Timetable:
Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: State, Local, Federal Agency Contact: Steven F. Witt, Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health Administration, Room N3605, 200 Constitution Avenue NW., Washington, DC 20210 Phone: 202 693-2222 Fax: 202 693-1663 RIN: 1218-AB77 1862. CRANES AND DERRICKS Priority: Other Significant. Major status under 5 USC 801 is undetermined. Legal Authority: 29 USC 651(b); 29 USC 655(b); 40 USC 333 CFR Citation: 29 CFR 1926 Legal Deadline: None Abstract: Subpart N addresses hazards associated with various types of hoisting equipment used at construction sites. Such equipment includes cranes, derricks, hoists, elevators and conveyors. The existing rule, which dates back to 1971, is based in part on industry consensus standards from 1958, 1968 and 1969. There have been considerable technological changes since those consensus standards were developed. Industry consensus standards for derricks and for crawler, truck and locomotive cranes were updated as recently as 1995. A number of industry stakeholders have asked OSHA to update subpart N. OSHA's subpart N is now 30 years old, and is based in part on industry consensus standards as much as 42 years old. No changes have been made to the OSHA standard since 1971. Significant changes have occurred in the industry since the OSHA standard was promulgated. A cross-section of the industry has stated that there is a need to update subpart N. OSHA has determined that the existing rule needs to be revised. OSHA will be monitoring these activities to determine whether recommendations developed for construction should be applied to cranes in general industry as well. OSHA will make a decision on what action to take next in December 2002. Timetable: Next Action Undetermined Regulatory Flexibility Analysis Required: No 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 Phone: 202 693-2020 Fax: 202 693-1689 Email: bswanson@dol.gov RIN: 1218-AC01 1863. EXCAVATIONS (SECTION 610 REVIEW) Priority: Other Significant Legal Authority: 29 USC 651 et seq; 5 USC 610 CFR Citation: 29 CFR 1926.650 to 1926.652 Legal Deadline: None Abstract: OSHA will undertake a review of the Agency's trenching and excavations standard (29 CFR 1926.650 to 1926.652) in accordance with the requirements of the Regulatory Flexibility Act and section 5 of Executive Order 12866. The review will consider the continued need for the rule, the impacts of the rule, public comments on the rule, the complexity of the rule, and whether the rule overlaps, duplicates, or conflicts with other regulations. Timetable:
Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: None Agency Contact: John F. Martonik, Evaluation, Department of Labor, Occupational Safety and Health Administration, Room N3641, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 Phone: 202 693-2043 Fax: 202 693-1641 Email: john.martonik@osha.gov RIN: 1218-AC02 1864. OCCUPATIONAL INJURY AND ILLNESS RECORDING AND REPORTING REQUIREMENTS Priority: Other Significant Legal Authority: 29 USC 553; 29 USC 657 CFR Citation: 29 CFR 1904.10; 29 CFR 1904.12; 29 CFR 1904.29(b)(7)(vi) Legal Deadline: None Abstract: The Occupational Safety and Health Administration (OSHA) issued a final rule on Occupational Injury and Illness Recording and Reporting Requirements (66 FR 5916, January 19,2001), scheduled to become effective on January 1, 2002. Following a thorough regulatory review, the Agency determined that all but two provisions of the final rule, regarding the recording of occupational hearing (1904.10) and musculoskeletal disorders -- MSDs (1904.12), would take effect as scheduled (66 FR 35113, July 3, 2001). Following notice and comment, OSHA published a final rule delaying the effective dates for sections 1904.10, 1910.12 and a note to 1904.29(b)(7)(vi) until January 1, 2003. The same final rule provided interim guidance on recording hearing loss and MSD cases during 2002 (66 FR 52031, October 12, 2001). OSHA issued a final 1904.10 regulation setting recording criteria for occupational hearing loss (67 FR 44037, July 1, 2002), and simultaneously issued a proposal to delay the requirements for checking a separate hearing loss column on the 300 Log, as well as an additional one-year delay for the 1904.12 MSD requirements (67 FR 44124, July 1, 2002). OSHA is continuing to reconsider the 300 Log columns for occupational hearing loss and MSD, and for defining "musculoskeletal disorders" for recordkeeping purposes. OSHA will issue one or more final rules to deal with these injury and illness recording issues for the years 2003 and beyond. OSHA will make a decision on what action to take next in Novembwer 2002. Timetable:
Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: State Agency Contact: Steven F. Witt, Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health Administration, Room N3605, 200 Constitution Avenue NW., Washington, DC 20210 Phone: 202 693-2222 Fax: 202 693-1663 RIN: 1218-AC06 1865. • UPDATING OSHA STANDARDS BASED ON NATIONAL CONSENSUS STANDARD Priority: Other Significant. Major status under 5 USC 801 is undetermined. Legal Authority: 29 USC 655(b) CFR Citation: 29 CFR 1910; 29 CFR 1915; 29 CFR 1917; 29 CFR 1918; 29 CFR 1926 Legal Deadline: None Abstract: Under section 6(a) of the OSH Act, during the first two years of the Act, the Agency was directed to adopt national consensus standards as OSHA standards. Some of these standards were adopted as regulatory text, while others were incorporated by reference. In the thirty years since these standards were adopted by OSHA, the organizations responsible for these consensus standards have issued updated versions of these standards. However, in most cases, OSHA has not revised its regulations to reflect later editions of the consensus standards. OSHA standards also continue to incorporate by reference various consensus standards that are now outdated and, in some cases, out of print. The Agency is now considering the possibility of initiating rulemaking to update some of these standards. In that regard, OSHA has asked various consensus standards organizations to review their standards, compare the latest versions of these standards to the ones currently adopted by OSHA and determine which ones are most important for OSHA to update. Additionally, OSHA has asked them to consider whether the changes to these standards would be noncontroversial, and if the new versions would reduce risk. The organizations were enthusiastic about the possibility of updating references to their standards, and they have provided considerable information on priorities and other related issues. OSHA is in the process of evaluating the information it has received in order to determine the best way to proceed.OSHA will make a decision on what action to take next in June 2003. Timetable: Next Action Undetermined Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined Agency Contact: Steven F. Witt, Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health Administration, Room N3605, 200 Constitution Avenue NW., Washington, DC 20210 Phone: 202 693-2222 Fax: 202 693-1663 RIN: 1218-AC08 1866. • EXPLOSIVES Priority: Other Significant Legal Authority: 29 USC 655(b) CFR Citation: 29 CFR 1910.109 Legal Deadline: None Abstract: OSHA is considering amending 29 CFR 1910.109 that addresses explosives and small arms manufacturing. These OSHA regulations were published in 1974, and many of the provisions do not reflect technological and safety advances made by the industry since that time. Additionally, the standard contains outdated references and classifications. Two trade associations representing many of the employers subject to this rule have petitioned the Agency to consider revising it, and have recommended changes they believe address the concerns they are raising. OSHA is in the process of reviewing the petition and related information about the issue, and will determine the appropriate course of action regarding this standard when the review is completed. OSHA will make a decision on what action to take next in June 2003. Timetable: Next Action Undetermined Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined Agency Contact: Steven F. Witt, Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health Administration, Room N3605, 200 Constitution Avenue NW., Washington, DC 20210 Phone: 202 693-2222 Fax: 202 693-1663 RIN: 1218-AC09
1867. ACCESS AND EGRESS IN SHIPYARDS (PART 1915, SUBPART E) (SHIPYARDS: EMERGENCY EXITS AND AISLES) Priority: Substantive, Nonsignificant 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. A proposal on access and egress was issued in November 1988 (53 FR 48092). OSHA plans to withdraw this proposal. Timetable:
Regulatory Flexibility Analysis Required: No Government Levels Affected: None Agency Contact: Steven F. Witt, Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health Administration, Room N3605, 200 Constitution Avenue NW., Washington, DC 20210 Phone: 202 693-2222 Fax: 202 693-1663 RIN: 1218-AA70 1868. 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); 5 USC 552(a); 5 USC 553; PL 101-549 (November 15, 1990) 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 with 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. Since that time, OSHA has developed nonmandatory guidelines to address training criteria for hazardous waste workers, and these have been widely adopted. In addition, the private sector has since established training accreditation procedures. At this time, the next action in this rulemaking is undetermined, and we are withdrawing this from the regulatory agenda until such time as Timetable:
Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Agency Contact: Steven F. Witt, Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health Administration, Room N3605, 200 Constitution Avenue NW., Washington, DC 20210 Phone: 202 693-2222 Fax: 202 693-1663 RIN: 1218-AB27 1869. INJURY AND ILLNESS PREVENTION Priority: Economically Significant. Major under 5 USC 801. Unfunded Mandates: Undetermined Legal Authority: 29 USC 653; 29 USC 655; 29 USC 657 CFR Citation: 29 CFR 1900.1 Legal Deadline: None Abstract: The Occupational Safety and Health Administration (OSHA), many States, members of the safety and health community, insurance companies, professional organizations, companies participating in the Agency's Voluntary Protection Programs, and many proactive employers in all industries recognize the value of worksite-specific injury and illness prevention programs in reducing and preventing job-related injuries, illnesses, and fatalities. The reductions in job-related injuries and illnesses, workers' compensation costs, and absenteeism that occur after employers implement such programs dramatically demonstrate their effectiveness. OSHA has decided to withdraw this item from the regulatory agenda. The Agency plans to review and revise as appropriate its 1989 Voluntary Safety and Health Management Guidelines. OSHA has received feedback from participants in the Agency's voluntary programs and from other stakeholders on the strengths and weaknesses of the existing guidelines. Although the guidelines help employers understand the basic approach to managing safety and health in the workplace, they do not sufficiently reflect the importance of employee participation or program evaluation. In addition, the Agency will continue and expand efforts to communicate the value and benefits of injury and illness prevention programs to employers. Extended outreach efforts combined with revised voluntary guidelines will encourage more widespread adoption of comprehensive and systematic injury and illness prevention programs. Timetable:
Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: State Federalism: This action may have federalism implications as defined in EO 13132. Agency Contact: Steven F. Witt, Director, Directorate of Standards and Guidance, Department of Labor, Occupational Safety and Health Administration, Room N3605, 200 Constitution Avenue NW., Washington, DC 20210 Phone: 202 693-2222 Fax: 202 693-1663 RIN: 1218-AB41 1870. 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. OSHA has determined that additional information is needed on residential construction. No rulemaking action is anticipated during the next year. OSHA is withdrawing this entry from the agenda. Timetable:
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 Phone: 202 693-2020 Fax: 202 693-1689 Email: bswanson@dol.gov RIN: 1218-AB62 1871. SIGNS, SIGNALS, AND BARRICADES Priority: Other Significant Legal Authority: 29 USC 651(b); 29 USC 655(b); 40 USC 333 CFR Citation: 29 CFR 1926 Legal Deadline: None Abstract: Subpart G of 29 CFR part 1926 addresses the types of signs, signals and barricades that must be used in situations such as work areas on highways. OSHA's rule incorporates a 1971 ANSI standard, known as the MUTCD (Manual on Uniform Traffic Control Devices). Since the early 1970s, the U.S. Department of Transportation has drafted updates to the MUTCD. DOT requires all States to comply with its updates. Several years ago, industry stakeholders asked OSHA to update its standard to reflect new technology and provide more flexibility for compliance. On April 15, 2002, OSHA issued a Direct Final Rule and a companion proposed rule to update its standard since it anticipated widespread support for and few objections to the change. The Agency Advisory Committee on Construction Safety and Health endorsed using a Direct Final Rule to make this change in its Winter 2000 meeting. However, on July 15, 2002, OSHA withdrew the direct final rule because two comments were received that the Agency treated as significant adverse comments. OSHA is now preparing a final rule that will address those comments. Timetable:
Regulatory Flexibility Analysis Required: No Small Entities Affected: 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 Phone: 202 693-2020 Fax: 202 693-1689 Email: bswanson@dol.gov RIN: 1218-AB88 1872. CHANGES TO STATE PLANS Priority: Substantive, Nonsignificant 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. Timetable:
Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: State, Federal Agency Contact: Paula O. White, Director, Federal-State Operations, Department of Labor, Occupational Safety and Health Administration, Room N3700, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 Phone: 202 693-2200 Fax: 202 693-1671 Email: paula.white@osha.gov RIN: 1218-AB91 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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