Government Affairs
OSHA Request for Comment: Medical Surveillance
The Department of Labor (DOL) hereby announces the submission of the following public information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. Access to exposure and medical information enables workers and their designated representatives to become directly involved in identifying and controlling occupational health hazards, as well as managing and preventing occupationally-related health impairment and disease. Providing the Agency with access to the records permits it to ascertain whether or not employers are complying with the regulation, as well as the recordkeeping requirements of its other health standards; therefore, OSHA access provides additional assurance that workers and their designated representative are able to obtain the data they need to conduct their analyses. See http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=FEDERAL_REGISTER
&p_id=21722 for the FR in its entirety. Comments due September 24th, 2010.
OSHA Announces Interim Final Rules and Invites Public Comment on Whistleblower Procedures
OSHA published in the Aug. 31 Federal Register interim final rules that will help protect workers who voice safety, health, and security concerns. The regulations, which establish procedures for handling worker retaliation complaints, allow filing by phone as well as in writing and filing in languages other than English. The regulations, which cover workers filing complaints in the railroad, public transit, commercial motor carrier, and consumer product industries, also create greater consistency among various OSHA complaint procedures. The interim final rules establish procedures and time frames for handling complaints under the whistleblower sections of the Implementing Recommendations of the 9/11 Commission Act of 2007 and the Consumer Product Safety Improvement Act of 2008.
These regulations are effective immediately. Comments must be submitted by Nov. 1, 2010, and can be sent to www.regulations.gov, the Federal eRulemaking Portal, or by mail or fax. See http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=NEWS_RELEASES
&p_id=18249 for more information.
OSHA launches 2010 SST Program
OSHA's 2010 Site-Specific Targeting Program began last week. The 2010 program will focus enforcement efforts on approximately 4,100 different sites with high days away, restricted or transferred rates; or high days away from work injury and illness rates. OSHA will target 3,300 manufacturing establishments with a DART rate of 7 or higher, or a DAFWII rate of 5 or higher; 500 nonmanufacturing establishments with a DART rate of 15 or higher, or a DAFWII rate of 14 or higher; and 300 nursing or personal care facilities with a DART rate of 16 or higher, or a DAFWII rate of 13 or higher. The program is based on 2008 injury and illness data collected in the 2009 Data Initiative, an annual survey on work-related injuries and illnesses.
OSHA Request for Comments: Rigging, Fire Extinguishers, Welding
OSHA solicits public comments concerning its proposal to extend the Office of Management and Budget's (OMB) approval of the information collection requirements contained in paragraphs (b)(1), (b)(6)(i), (b)(6)(ii), (c)(15)(ii), (e)(1)(i), (ii), and (iii) and (f)(2) of the Standard on Rigging Equipment for Material Handling (29 CFR 1926.251). These paragraphs require affixing identification tags or markings on rigging equipment, developing and maintaining inspection records, and retaining proof-testing certificates. Comments must be submitted (postmarked, sent, or received) by October 25, 2010. See http://tinyurl.com/34gzyue for the FR in its entirety.
OSHA solicits comments concerning its proposal to extend the Office of Management and Budget's (OMB) approval of the information collection requirements contained in the Portable Fire Extinguishers Standard (Annual Maintenance Certification Record) (29 CFR 1910.157(e)(3)). Comments must be submitted (postmarked, sent, or received) by October 25, 2010. See http://tinyurl.com/343m4wz for the FR in its entirety.
OSHA solicits comments concerning its proposal to extend the Office of Management and Budget's (OMB) approval of the information collection requirements contained in the Welding, Cutting and Brazing Standard (29 CFR part 1910, subpart Q). The information collected is used by employers and workers whenever welding, cutting and brazing are performed. The purpose of the information is to ensure that employers evaluate hazards associated with welding and ensure that adequate measures are taken to make the process safe. Comments must be submitted (postmarked, sent, or received) by October 25, 2010. See http://tinyurl.com/39vhl4y for the FR in its entirety.
You may submit comments and attachments electronically at http://www.regulations.gov, which is the Federal eRulemaking Portal. Follow the instructions online for submitting comments.
OSHA Web Forum to Identify Hazardous Chemicals Most in Need of Agency Action
OSHA announced that it will host a Web Forum, August 16, 2010, to seek stakeholder input in identifying hazardous chemicals for which OSHA should develop exposure reduction strategies. During its first two years of existence, OSHA established approximately 400 permissible exposure limits (PELs) for hazardous chemicals based on then-existing national consensus or federal standards. Since then, OSHA has been able to develop more protective regulations for only 29 chemicals, while the majority of OSHA PELs have remained unchanged.
"Many of our permissible exposure limits are based on 1950s-era science that we now realize is inadequate to protect workers in 21st century workplaces," said Assistant Secretary of Labor for OSHA David Michaels. "We must assure the protection of workers currently exposed to well-recognized chemical hazards for which we have an inadequate PEL or no PEL at all. I am hopeful that this forum will assist us in achieving that goal by helping us to identify those chemicals on which we should be focusing our efforts."
The forum will allow stakeholders to identify harmful chemicals and explain why OSHA should focus on these chemicals in developing long- and short-term solutions for reducing workers' exposure. Interested parties can complete a nomination form at http://www.osha.gov/pelforum.html. Nominations will be accepted from August 16 until August 27.
OSHA Addresses Record Number of Egregious Cases
"There's a new sheriff in town," Secretary of Labor Hilda L. Solis warned during her 2009 swearing-in ceremony. Following up on that warning, OSHA is aggressively enforcing its standards when employers show indifference to protecting the safety and lives of their workers. During the past year and a half, OSHA investigators have issued citations for egregious violations in 17 cases, including those involving BP Products North America, Kleen Energy and Cooperative Plus. This is more than twice as many egregious cases as were issued during the two years before the current administration took office. OSHA inspectors cite egregious violations when an employer shows multiple instances of willful and flagrant indifference to correcting workplace hazards, many of which tragically result in worker fatalities, worksite catastrophes (such as explosions or chemical releases) or large numbers of worker injuries or illnesses. "We will not tolerate this type of blatant and egregious disregard for the health and safety of workers. Employers need to know there will be consequences," said OSHA Assistant Secretary David Michaels.
New Cranes and Derricks Rule Published in Federal Register
OSHA's new rule addressing the use of cranes and derricks in construction was published in the Federal Register Aug. 9. The rule, which replaces a decades-old version based on outdated standards, will take effect Nov. 8. It addresses critically important provisions for crane operation and incorporates technological advances that will provide improved protection for about 4.8 million workers employed by 267,000 construction, crane rental and crane certification establishments.
More Than 200 Stakeholders Participate in Series of Meetings on Injury and Illness Prevention
After OSHA held three stakeholder meetings on its Injury and Illness Prevention Program standard, the agency added two additional meetings to accommodate the record number of people wishing to participate. Approximately 200 attendees, representing a broad range of interests, provided comments at these five nationwide meetings, which also included about 350 observers. Representatives from unions, trade associations, professional organizations, large and small businesses, and other governmental agencies shared their thoughts on OSHA's proposed rule to require employers to develop plans to identify workplace hazards and fix them before they cause an injury, illness or death. Attendees provided input on possible regulatory approaches and the scope and application, organization and economic impact of the proposed rule. Summary notes from the meetings are available on the Safety and Health Programs page of OSHA's Web site.
OSHA Request for Public Comment: Injury/Illness Prevention Program Survey
The Occupational Safety and Health Administration (OSHA) is soliciting public comments concerning the collection of information about the safety and health practices of private sector establishments in agriculture (with 10 or more workers) and non-agriculture industries, as well as public sector establishments in those states with OSHA-approved safety and health programs (State Plan states). Comments must be submitted (postmarked, sent, or received) by October 12, 2010. You may submit comments and attachments electronically at http://www.regulations.gov, which is the Federal eRulemaking Portal. Follow the instructions online for submitting comments. Contact Todd Owen or Theda Kenney, Directorate of Standards and Guidance, OSHA, U.S. Department of Labor, Room N-3609, 200 Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693-2222.
OSHA undertaking a rulemaking effort directed toward requiring employers to establish injury and illness prevention programs to monitor and more effectively implement practices to mitigate workplace hazards, thereby reducing the incidence of employee injuries and illnesses. To gain information needed to support this rulemaking effort, OSHA is proposing to conduct a statistical survey of private sector establishments in non-agricultural industries. In addition to the statistical survey which also includes "case studies" in two industry sectors that could not be adequately sampled by the survey methodology--the Agency is proposing to conduct as many as 50 site visits to employers. These employers could potentially be affected by a new standard that could require a management program or system to address workplace hazards. Site visits would collect information on current employer practices (much like the information collected in the "case studies" and the survey questionnaire itself), but also solicit information from employers on how they would comply with such a regulation and what time or costs would be required to do so. Read the entire document.
Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public-records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.
OSHA Requests Comments on Several Standards
Construction Fall Protection Systems Criteria and Practices (29 CFR 1926.502) and Training Requirements (29 CFR 1926.502). Read the entire request here. Comments due August 23, 2010.
Derricks (29 CFR 1910.181). Read the entire request here. Comments due August 28th, 2010.
Occupational Exposure to Noise (29 CFR 1910.95). Read the entire request here. Comments due August 28th, 2010.
Formaldehyde (29 CFR 1910.1048). Read the entire request here. Comments due August 28th, 2010.
Asbestos in General Industry (29 CFR 1910.1001). Read the entire request here. Comments due August 28th, 2010.
NFPA 1600 Available for Free Download
NFPA has released the 2010 edition of NFPA 1600, Standard on Disaster/Emergency Management and Business Continuity Programs. The standard is available for free download from http://tinyurl.com/37ylyl2.
Draft Strategic Plan for Fiscal Years 2011-2016
DOL is updating its Draft Strategic Plan for publication on September 30, 2010 — and they would like feedback from their stakeholders. After reviewing the plan, you can provide feedback to strategic-plan@dol.gov. See the draft strategic plan.
OSHA Administrator David Michaels is seeking input from ASSE members
OSHA Administrator David Michaels is seeking input from ASSE members on the challenges facing the agency and new directions it should consider. In a 12-page letter titled OSHA at Forty: New Challenges and New Directions, http://www.asse.org/professionalaffairs_new/docs/OSHAatForty.pdf
Michaels addresses issues such as stronger enforcement, compliance assistance programs, workplace culture, interagency collaboration, accurate recordkeeping and state OSHA plans. Contact Michaels with comments or questions at PublicMichaelsDavid@dol.gov
OSHA enhances On-site Consultation Web page with new features and easier navigation
OSHA has redesigned its On-site Consultation Web page to enhance its usefulness to small and medium-sized businesses across the country seeking free and confidential advice on increasing workplace safety. The redesigned homepage answers frequently asked questions about the benefits of the On-site Consultation Program, which gives priority to high-hazard worksites, and explains the process for initiating a consultation visit and the consultant's role in the process. An improved On-site Consultation directory gives users the ability to quickly find offices in their states to contact for further information about the program, or to request a visit. The page also provides answers to questions about the On-site Consultation Program's Safety and Health Achievement Recognition Program and offers Success Stories from small businesses that achieved safety and health excellence through the On-site Consultation Program and SHARP. A Quick Links box and Small Business Resources section present users with relevant information and OSHA resources for the small business community.
OSHA seeks applications for $2.75 million in new targeted topic safety and health training grants
OSHA is soliciting applications for $2.75 million in Susan Harwood Targeted Topic Training Grants to provide training and education programs on safety and health for workers and their employers. For fiscal year 2010, the program offers 28 targeted topic areas including crane safety, combustible dust, maritime, oil and gas, and eye safety.
"These grants will provide workers and employers with the tools they need to create targeted training programs to ensure safe workplaces," said Assistant Secretary of Labor for OSHA Dr. David Michaels. "These grants will enable workers to gain the knowledge and tools they need to save lives and protect their health."
Training grants will be awarded for a 12-month performance period. Applications are due Aug. 6, 2010. A notice about these grants is published at http://s.dol.gov/3T. The complete solicitation for grant applications is available at http://www.grants.gov. Applicants can complete the mandatory online registration at any time; however, registration must take place before beginning the application process. Applicants are encouraged to complete registration as soon as possible, as the process takes multiple days to complete. Grant applications must be received electronically no later than 11:59 p.m. EDT on Aug. 6. No extensions of the deadline will be granted.
OSHA recently published a separate solicitation for the Susan Harwood Capacity Building Training Grants available under Funding Opportunity No. SHTG FY-10-01. That solicitation closed July 2.
Questions from the public regarding this announcement should be directed to HarwoodGrants@dol.gov or Linda Vosburgh at telephone number 847-759-7700. Further information on the Susan Harwood Training Grant Program is available on OSHA's website at http://www.osha.gov/dte/sharwood/index.html.
OSHA Review to Eliminate Outdated Requirements
OSHA announced Standards Improvement Project (SIP)-III, a proposed rule to revise and remove requirements within several OSHA standards that are outdated, duplicative or inconsistent. This rulemaking will help keep OSHA standards up-to-date and will help employers better understand their regulatory obligations.
For example, OSHA is proposing in SIP-III to update the definition for "potable water" in the Sanitation standard (1910.141) with the current Environmental Protection Agency clean water standard. OSHA is also proposing to remove an outdated provision in the Bloodborne Pathogens standard (1910.1030) that requires employers to provide hand dryers that use warm air. This will allow use of newer technologies that use room temperature air.
Those interested in submitting comments for this proposed rule can submit them through the Federal eRulemaking Portal at http://www.regulations.gov. Comments may also be submitted by mail to the OSHA Docket Office, Docket No. OSHA-2006-0049, U.S. Department of Labor, Room N-2625, 200 Constitution Ave., N.W., Washington, D.C. 20210. Submissions can also be faxed to the OSHA Docket Office at 202-693-1648. OSHA will accept comments until Sept. 30, 2010.
June/July State Legislative Activities Report
FL 35630 2009
AGENCY: Department of Financial Services/Division of State Fire Marshal
TITLE: Presence of Toxic Substances
PROPOSED: 12/11/2009
ADOPTED: 05/18/2010
SUMMARY: Amends rules to allow flexibility in maintaining current notices of toxic substances in the workplace, without the need for constant rule amendment.
AGENCY CONTACT: Charles Brush, Safety Program Manager, Bureau of Fire Standards and Training, Division of State Fire Marshal, 352-369-2836
STATUS: 05/18/2010 Rule Adoption
Effective Date: 06/07/2010
Vol. 36, Issue 22, Florida Administrative Weekly 06/04/2010 p.2639
FL 36097 2010
AGENCY: Department of Environmental Protection
TITLE: Adoption of Federal Regulations
PROPOSED: 04/30/2010
ADOPTED: 06/11/2010
SUMMARY: Adopts by reference rules regarding air pollution, specifically, standards for nitrogen dioxide.
AGENCY CONTACT: Lynn Scearce, Division of Air Resource Mgmt, 2600 Blair Stone Rd, MS 5500, Tallahassee, FL 32399-3000
STATUS: 06/11/2010 Rule Adoption
Effective Date: 07/01/2010
Vol. 36, Issue 25, Florida Administrative Weekly 06/25/2010 p.3009
FL 36098 2010
AGENCY: Department of Environmental Protection
TITLE: Adoption of Federal Regulations
PROPOSED: 04/30/2010
ADOPTED: 05/28/2010
SUMMARY: Updates adoption-by-reference regulations to incorporate revisions to the new source performance standards and emission guidelines for hospital, medical, and infectious waste incinerators.
AGENCY CONTACT: Lynn Scearce, Division of Air Resource Management, 2600 Blair Stone Rd, MS 5500, Tallahassee, FL 32399-3000
STATUS: 05/28/2010 Rule Adoption
Effective Date: 06/11/2010
Vol. 36, Issue 23, Florida Administrative Weekly 06/11/2010 p.2745
OSHA Extends the National Emphasis Program for PSM
This notice describes an updated/renewed OSHA National Emphasis Program (NEP) for inspecting facilities with highly hazardous chemicals in amounts at or greater than the threshold quantities listed in 1910.119 (PSM). Programmed inspections will take place in Regions I, VII, and X in facilities that are known to OSHA as having a risk of catastrophic releases. Unprogrammed inspections will take place in all OSHA Regions. This notice contains policies and procedures to verify employers’ compliance with OSHA’s Process Safety Management (PSM) of Highly Hazardous Chemicals standard, 29 CFR 1910.119. Click here for the CPL in its entirety.
OSHA Adds Search Engine to Online Database of Chemical Exposures
As reported in the May 4, 2010, QuickTakes, OSHA posted 26 years of data on a Web page detailing workplace exposures to toxic chemicals such as asbestos, benzene, beryllium, cadmium, lead, nickel, and silica. This Web page has since been enhanced by the addition of a search engine to make the data more accessible and expand its usefulness as a research tool. The page's online form now allows users to search and sort records of OSHA samplings for toxic chemical exposure by categories such as establishment, industry, state, year range, substance and OSHA inspection number. Users can also download sampling data from 1984 to 2009, either in one full set or by individual year.
New Intro to OSHA Required in 10- and 30-hour Courses
OSHA's Training Institute now requires instructors to include a newly revised Introduction to OSHA presentation in all Outreach Training Program classes. The revised two-hour Introduction to OSHA focuses on workers' rights, including the right to be informed of hazardous chemicals, review workplace injury and illness information, request and participate in an OSHA inspection, and be protected from retaliation for exercising these and other safety and health rights. For more information see the news release. The Introduction to OSHA materials can be viewed online.
Dr. David Michaels’ Praise For Safety and Health Pros
Speaking before 2,500 safety and health professionals at the American Society of Safety Engineers in Baltimore, Md., on Monday, Occupational Safety and Health Administration (OSHA) Assistant Secretary David Michaels discussed a number of pertinent issues and praised the group’s efforts to keep workers safe. Topics included modernizing OSHA, open government, the Injury and Illness Protection Program, a regional emphasis program on grain handling, accurate reporting of injuries and illnesses, increasing penalties, updating permissible exposure limits pertaining to hazardous chemicals, at-risk workers who speak little or no English, and the BP oil spill. Read Dr. Michaels’ Remarks.
OSHA's Severe Violator Enforcement Directive Effective June 18
OSHA announced today that the Severe Violators Enforcement Program directive is effective June 18th. The agency announced in April that it was implementing the program to focus on employers who continually disregard their legal obligations to protect their workers.
OSHA's SVEP focuses enforcement efforts on employers who willfully and repeatedly endanger workers by exposing them to serious hazards. The directive establishes procedures and enforcement actions for the severe violator program, including increased inspections, such as mandatory follow-up inspections of a workplace found in violation and inspections of other worksites of the same company where similar hazards or deficiencies may be present.
The directive explains that the SVEP is intended to focus enforcement efforts on employers who have demonstrated recalcitrance or indifference to their OSH Act obligations by committing willful, repeated or failure-to-abate violations in one or more of the following circumstances: a fatality or catastrophe situation; in industry operations or processes that expose workers to severe occupational hazards; exposing workers to hazards related to the potential releases of highly hazardous chemicals; and all egregious enforcement actions.
Visit the Severe Violator Enforcement Program directive for more details.
OSHA Seeks to Partner With Local Building Inspectors
The U.S. Department of Labor's Occupational Safety and Health Administration is launching a pilot program seeking to partner with building inspectors in 11 American cities to reduce injuries and fatalities at construction sites.
Secretary of Labor Hilda L. Solis has sent letters to the mayors of the selected cities, proposing that OSHA work with and train local building inspectors on hazards associated with the four leading causes of death at construction sites. Under this program, building inspectors would notify OSHA when they observe, during the course of their work, unsafe work conditions. OSHA, in turn, would send a federal agency compliance officer to that workplace for a safety inspection.
In construction, the four leading causes of death are falls, electrocution, being crushed or caught between objects, or being struck by moving machinery or objects. In her letters, Secretary Solis wrote, "I believe workplace enforcement is not only our responsibility but our moral obligation. We need your help to send our inspectors where they can make the biggest difference."
“This initiative allows us to expand our eyes and ears," said Dr. David Michaels, assistant secretary of labor for OSHA. "Although we are adding 110 new inspectors this year, OSHA simply cannot inspect every construction site in the country."
OSHA seeks to partner with building inspectors in the following cities:
- Austin, Texas
- Boise, Idaho
- Cincinnati, Ohio
- Concord, N.H.
- Greenwood Village, Colo.
- Madison, Miss.
- Atlanta Metropolitan area, Ga.
- Newark, N.J.
- Oakland, Calif.
- Washington, D.C.
- Wichita, Kan.
DOL/OSHA Semi-Annual Regulatory Agenda Announced
This document sets forth the Department's semiannual agenda of regulations that have been selected for review or development during the coming year. The Department's agencies have carefully assessed their available resources and what they can accomplish in the next 12 months and have adjusted their agendas accordingly.
| Prerule Stage | ||
|---|---|---|
| 227 | Occupational Exposure to Beryllium | 1218-AB76 |
| 228 | Methylene Chloride (Section 610 Review) | 1218-AC23 |
| 229 | Occupational Exposure to Diacetyl and Food Flavorings Containing Diacetyl | 1218-AC33 |
| 230 | Bloodborne Pathogens (610 Review) (Section 610 Review) | 1218-AC34 |
| Proposed Rule Stage | ||
| 231 | Confined Spaces in Construction | 1218-AB47 |
| 232 | Occupational Exposure to Crystalline Silica | 1218-AB70 |
| Final Rule Stage | ||
| 233 | Electric Power Transmission and Distribution; Electrical Protective Equipment | 1218-AB67 |
| 234 | Cranes and Derricks in Construction | 1218-AC01 |
For additional details on each rule, see http://tinyurl.com/2d93rmk.
OSHA Unveils New Workplace Initiatives at Latino Summit
Several initiatives to improve workplace safety were announced this week during OSHA's National Action Summit for Latino Worker Health and Safety, which took place in Houston. The summit aimed to develop a means to better reduce injuries, illnesses and deaths on the job, particularly among Latinos, who are killed on the job at higher rates than other workers. OSHA administrator David Michaels kicked off the event by announcing it would be the first of several similar local conferences. One such meeting currently is being planned in Nebraska to focus on the needs of Latino and immigrant workers in the meatpacking industry, he said. In her keynote address Wednesday, Secretary of Labor Hilda L. Solis laid out several new initiatives designed to increase worker involvement in safety and assist business owners. The initiatives include:
• Effective April 28, compliance officers must check to ensure training provided to workers is done so in a format employees can understand.
• Mayors of 10 cities will be asked to have city building inspectors work jointly with OSHA when they observe unsafe work conditions.
• Expansion of the Susan Harwood Training Grant Program.
• A construction industry pilot program.
OSHA Sends Letters to 15,000 High-Injury Worksites
About 15,000 employers recently were sent letters from OSHA informing them their workplaces had a higher-than-average injury rate. You can see all 15,000 employers here: http://osha.gov/as/opa/foia/hot_16.html.
Based on results from a 2009 survey sent to 100,000 worksites collecting injury and illness data from the previous year, OSHA identified the organizations with the highest number of injuries and illnesses resulting in days away from work, restricted work activities or job transfers – known as the DART rate. The employers who received letters had a DART rate of 4.5 per 100 full-time workers. According to OSHA, the national average is 2.0. Included in the letter was a list of the most frequently cited OSHA standards for each employer's specific industry, along with offers of assistance to help reduce injuries.
DOL/OSHA Publishes Semiannual Regulatory Agenda
The Regulatory Flexibility Act (5 U.S.C. 602) requires DOL to publish in the Federal Register a regulatory flexibility agenda. The Department's Regulatory Flexibility Agenda published with this notice, includes only those rules on its semiannual agenda that are likely to have a significant economic impact on a substantial number of small entities; and those rules identified for periodic review in keeping with the requirements of section 610 of the Regulatory Flexibility Act. Thus, the regulatory flexibility agenda is a subset of the Department's semiannual regulatory agenda. The next 12-month review list for the Department of Labor is provided below, and public comment is invited on the listing. A brief description of each rule, the legal basis for the rule, and the agency contact are provided with each agenda item.
Occupational Safety and Health Administration--Prerule Stage
- Occupational Exposure to Crystalline Silica
- Occupational Exposure to Beryllium - In 1999 and 2001, OSHA was petitioned to issue an emergency temporary standard by the Paper Allied-Industrial, Chemical, and Energy Workers Union, Public Citizen Health Research Group, and others. The Agency denied the petitions but stated its intent to begin data gathering to collect needed information on beryllium's toxicity, risks, and patterns of usage. On November 26, 2002, OSHA published a Request for Information (RFI) (67 FR 70707) to solicit information pertinent to occupational exposure to beryllium including: Current exposures to beryllium; the relationship between exposure to beryllium and the development of adverse health effects; exposure assessment and monitoring methods; exposure control methods; and medical surveillance. In addition, the Agency conducted field surveys of selected work sites to assess current exposures and control methods being used to reduce employee exposures to beryllium. OSHA convened a Small Business Advocacy Review Panel under the Small Business Regulatory Enforcement Fairness Act (SBREFA) and completed the SBREFA Report in January 2008. A timetable is below.
- Request for Information 11/26/02
- SBREFA Report Completed 01/23/08
- Initiate Peer Review of HealthEffects and Risk Assessment 03/00/10
- Methylene Chloride - OSHA will undertake a review of the Methylene Chloride Standard (29 CFR 1910.1052) 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; 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 evaluated. A timetable is below.
- Begin Review 12/01/06
- Request for Comments 07/10/07
- Comment Period End 10/09/07
- Reopen Comment Period 01/08/08
- Comment Period End 03/10/08
- End Review 04/00/10
- Occupational Exposure to Diacetyl and Food Flavorings Containing Diacetyl - On July 26, 2006, the United Food and Commercial Workers International Union (UFCW) and the International Brotherhood of Teamsters (IBT) petitioned DOL or an Emergency Temporary Standard (ETS) for all employees exposed to diacetyl, a major component in artificial butter flavoring. Diacetyl and a number of other volatile organic compounds are used to manufacture artificial butter food flavorings. These food flavorings are used by various food manufacturers in a multitude of food products including microwave popcorn, certain bakery goods, and some snack foods. OSHA denied the petition on September 25, 2007, but has initiated 6(b) rulemaking. Evidence from NIOSH and other sources indicated that employee exposure to diacetyl and food flavorings containing diacetyl is associated with bronchiolitis obliterans, a debilitating and potentially fatal disease of the small airways in the lung. Severe obstructive airway disease has been observed in the microwave popcorn industry and in food flavoring manufacturing plants. Experimental evidence has shown that inhalation exposure to artificial butter flavoring vapors and diacetyl damaged tissue lining, the nose, and airways of rats and mice. OSHA published an Advanced Notice of Proposed Rulemaking (ANPRM) on January 21, 2009, but withdrew the ANPRM on March 17, 2009, in order to facilitate timely development of a standard. The Agency subsequently initiated review of the draft proposed standard in accordance with the Small Business Regulatory Enforcement Fairness Act (SBREFA). The SBREFA Panel Report was completed on July 2, 2009. A timetable is below.
- Stakeholder Meeting 10/17/07
- ANPRM 01/21/09
- ANPRM Withdrawn 03/17/09
- ANPRM Comment Period End 04/21/09
- Completed SBREFA Report 07/02/09
- Initiate Peer Review of Health Effects and Risk Assessment 10/00/10
- Bloodborne Pathogens - OSHA will undertake a review of the Bloodborne Pathogen Standard (29 CFR 1910.1030) 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 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 evaluated. A timetable is below.
- Begin Review 10/22/09
- Request for Comments 04/00/10
Occupational Safety and Health Administration--Proposed Rule Stage
- Confined Spaces in Construction - 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. A timetable is below.
- SBREFA Panel Report 11/24/03
- NPRM 11/28/07
- NPRM Comment Period End 01/28/08
- NPRM Comment Period Extended 02/28/08
- Public Hearing 07/22/08
- Close Record 10/23/08
- Analyze Comments 03/00/10
Occupational Safety and Health Administration--Final Rule Stage
- Electric Power Transmission and Distribution; Electrical Protective Equipment - 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 over 35 years old. OSHA has developed 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 also addresses fall protection in aerial lifts for work on power generation, transmission, and distribution installations. OSHA published an NPRM on June 15, 2005. A public hearing was held March 6 to 14, 2006. OSHA reopened the record to gather additional information on minimum approach distances for specific range of voltages. The record was reopened a second time to allow more time for comment and to gather information on minimum approach distances for all voltages and on the newly revised Institute of Electrical and Electronics Engineers consensus standard. A timetable is below.
- SBREFA Report 06/30/03
- NPRM 06/15/05
- NPRM Comment Period End 10/13/05
- Comment Period Extended to 01/11/2006
- Public Hearing To Be Held 03/06/2006
- Post-Hearing Comment Period End 07/14/06
- Reopen Record 10/22/08
- Comment Period End 11/21/08
- Close Record 11/21/08
- Second Reopening Record 09/14/09
- Comment Period End 10/15/09
- Public Hearings 10/28/09
- Post-Hearing Comment Period End 02/00/10
- Final Action 09/00/10
- Cranes and Derricks in Construction
See http://tinyurl.com/yzl57qk for the document in its entirety.
OSHA Tracks Worker Fatalities and Catastrophes
OSHA has posted weekly summaries of worker fatalities and catastrophes reported by OSHA area offices and state plan states. Visit the Directorate of Enforcement Programs' Worker Fatality Reports Web page for more details.
OSHA Reports on Top 10 Safety Violations for 2009
Interesting topic that OSHA presented at the National Safety Council's annual Congress & Expo. Hopefully a proactive educational and outreach program will ensue regarding the top 10 violations. According to the BLS report on 2008 fatal occupational injuries by event or exposure:
Scaffolding, Fall Protection, Ladders
| 2007 | 2008 | Percent | |
|---|---|---|---|
| Falls | 847 | 680 | 13 |
| Fall to Lower Level | 746 | 576 | 11 |
| Fall from Ladder | 135 | 116 | 2 |
| Fall from Roof | 163 | 121 | 2 |
| Fall from Scaffold, Staging | 89 | 68 | 1 |
| Fall on Same Level | 81 | 84 | 2 |
Lockout/Tagout, Machine Guarding
| 2007 | 2008 | Percent | |
|---|---|---|---|
| Contact with Objects and Equipment | 920 | 923 | 18 |
| Struck by Object or Equipment | 504 | 508 | 10 |
| Struck by Falling Object or Equipment | 328 | 349 | 7 |
| Struck by Flying Object or Equipment | 58 | 50 | 1 |
| Caught in or Compressed by Equipment or Objects | 296 | 299 | 6 |
| Caught in Running Equipment or Machinery | 140 | 109 | 2 |
| Caught in or Crushed in Collapsing Materials | 108 | 101 | 2 |
Hazard Communication, Respiratory Protection, Electrical
| 2007 | 2008 | Percent | |
|---|---|---|---|
| Exposure to Harmful Substances or Environments | 497 | 432 | 9 |
| Contact with Electric Current | 212 | 192 | 4 |
| Contact with Overhead Power Lines | 94 | 102 | 2 |
| Contact with Extreme Temperatures | 40 | 35 | 1 |
U.S. Labor Department’s OSHA Begins National Emphasis Program on Recordkeeping to Determine Accuracy of Worker Injury and Illness Data
OSHA is initiating a national emphasis program (NEP) on recordkeeping to assess the accuracy of injury and illness data recorded by employers.
The recordkeeping NEP involves inspecting occupational injury and illness records prepared by businesses and appropriately enforcing regulatory requirements when employers are found to be under-recording injuries and illnesses.
"Accurate and honest recordkeeping is vitally important to workers' health and safety," said acting Assistant Secretary of Labor for OSHA Jordan Barab. "This information is not only used by OSHA to determine which workplaces to inspect, but it is an important tool employers and workers can use to identify health and safety problems in their workplaces." The inspections include a records review, employee interviews, and a limited safety and health inspection of the workplace. The NEP will focus on selected industries with high injury and illness rates. This directive is available at tinyurl.com/ybwd2s9.
At the request of the Senate Committee on Health, Education, Labor and Pensions and the House Committee on Education and Labor, the Government Accountability Office (GAO) issued a study on the accuracy of employer injury and illness records. This NEP will help OSHA work cooperatively with the GAO. It also complements the Labor Department's Bureau of Labor Statistics' (BLS) efforts to investigate factors accounting for differences between the number of workplace injuries and illnesses estimated by BLS and those estimated by other data sources.
OSHA National Emphasis Program Targets Workplaces That Release Highly Hazardous Chemicals
Facilities that could potentially release highly hazardous chemicals resulting in toxic fire or explosion hazards are the focus of a national emphasis program (NEP) developed by OSHA. The program establishes policies and procedures for inspecting workplaces that are covered by OSHA's process safety management (PSM) standard.
The Chemical NEP, a one-year pilot program, outlines a new approach for compliance officers who conduct site inspections. The program's inspection process includes asking detailed questions designed to gather facts related to PSM requirements and verifying that employers' written and implemented PSM programs are consistent. The intent of the NEP is to conduct quick inspections at a large number of facilities that will be randomly selected from a list of worksites likely to have highly hazardous chemicals in quantities covered by the standard.
During its first year, the Chemical NEP will be piloted in several regions around the country, using programmed inspections. Programmed inspections are planned and do not result from an accident, complaint or referral. In regions not covered by the pilot, the Chemical NEP will be used to inspect workplaces reporting PSM-related complaints, referrals, accidents or catastrophes, that is, unprogrammed inspections.
OSHA Focuses on Combustible Dust Hazards at Florida Companies
Over the last 16 months, OSHA compliance officers have made 37 visits to Florida companies where employees may be exposed to potential combustible dust hazards. The result has been 157 citations for workplace safety and health violations, with 76 percent categorized as willful, serious, repeat or failure to abate. The visits are part of the agency's ongoing National Emphasis Program (NEP) to reduce workers' exposure to combustible dust hazards. Nationally, 3,662 violations have been identified during 813 inspections. Housekeeping, hazard communication, personal protective equipment, electrical and general duty clause violations are cited most frequently as a result of these inspections.
"Any company that has combustible dust, or thinks that it may have combustible dust, needs to intensify housekeeping, review hot work processes, evaluate electrical equipment for possible Class II locations, prohibit smoking or flames in dust laden areas, ensure that relief venting on dust collection systems releases the dust to a safe location, and develop and/or review an emergency action plan," said OSHA Regional Administrator Cindy Coe. Dust fires and explosions can pose significant dangers in the workplace and can occur when five different factors are present. The five factors are oxygen, an ignition source (heat, an electrical spark or a spark from metal machinery), fuel (dust), dispersion of the dust and confinement of the dust. These five factors are referred to as the "Dust Explosion Pentagon." If any one of these factors is removed or is missing, an explosion cannot occur.
Industries affected by the emphasis program include: agriculture, chemical, textile, forest products, furniture products, wastewater treatment, metal processing, paper processing, pharmaceutical and metal, paper and plastic recycling. OSHA develops National Emphasis Programs to focus on major health and safety hazards that are recognized as nationally significant. These programs provide guidance to the OSHA field offices for planning and conducting inspections consistently across the nation. Additional information regarding this initiative is available from the OSHA regional office located at 61 Forsyth St. S.W., Atlanta, GA 30303; telephone 404-562-2300.
OSHA Forms Alliance With Suncoast Safety Council
CLEARWATER, FL, June 03, 2009 -- The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has formed an alliance with Suncoast Safety Council (SSC) to reduce employee injuries by offering several free occupational safety awareness workshops for small businesses and employers in the Tampa Bay Area.
The initial focus of the alliance will be on reducing and preventing amputations, emergency planning, fleet operation programs and first responder safety and health training. Emphasis will also be placed on effectively communicating these issues to non- English speaking workers and small businesses in the manufacturing industry.
"We have always tried to provide organizations with quality training and information relevant to this area's rapidly changing workforce and this alliance with OSHA will enhance our ability to meet that goal." said Kimberly Jowell, Executive Director, SSC. "Through this alliance, we aim to improve employers' access to the information, guidance and training needed to protect their employees," added Jowell.
As part of the alliance, SSC will be conducting a series of free "Workplace Safety Awareness Workshops" open to both employers and their employees. The first workshop of this series will address Amputation Prevention & Machine Guarding and will be held on June 25, 2009 from 9am until 12pm at SSC's Clearwater office. Companies and groups interested in attending this free workshop should call (727) 373-7233 ext. 315.
This alliance is part of OSHA's continued efforts to improve workplace safety and health through cooperative programs with employers, labor and trade organizations and community groups.
Founded in 1967, Suncoast Safety Council is a non-profit 501(c) 3 organization that provides safety-related education and training in the areas of workplace safety, driver safety, and community outreach. The company has locations in St. Petersburg, Clearwater and Palm Harbor where it serves organizations and individuals throughout Central West Florida.
Suncoast Safety Council
1145 Court St.
Clearwater, FL 33756
Contact: Fergus M. Linskey
Phone: 727-608-2946
E-mail: flinskey@safety.org
Uniform Crane Rules Introduced in Florida
In response to a recent rash of crane incidents in Florida, state legislators introduced two bills in February aimed at improving construction safety through new crane and derrick regulations.
Filed in the state on Feb. 17, Senate Bill 1654 and a similar House bill (H.B. 923) require several new safety precautions:
- Preparations for hurricanes or high-wind events
- Radio communication between some tower crane operators
- Hoisting equipment secured in a specific manner
Escalating Workplace Violence in Florida the Focus of New OSHA Alliance
OSHA formed a new alliance March 5 with Florida health care providers and professional associations to work together to address the problem of workplace violence in the state.
"With up to five percent of American workplaces experiencing a workplace violence episode annually, this alliance is both timely and beneficial to all employers," said James Borders, OSHA's area director in Jacksonville, Fla. "The need is especially acute in Florida where the number of work-related homicides rose by more than 40 percent from 2006 to 2007."
Key features of the alliance include developing materials that identify and prevent workplace violence, providing expertise in communicating this information, and sharing the information with employers on best practices and effective approaches for making workplaces safer for employees.
In addition to OSHA, alliance participants include the University of South Florida Consultation Services Program, EAP Lifestyle Management LLC, Sacred Heart Medical Group, the American Society of Safety Engineers Pensacola Chapter, the Northwest Florida Association of Occupational Health Nurses Inc., the Association for Applied and Therapeutic Humor, and the Employee Assistance Professional Association Big Bend Chapter.
Alliance Aims to Boost Safety for Hispanic Workers in Central Florida
OSHA is forming a new alliance with the Gulf Coast Latin Chamber of Commerce and the University of South Florida's SafetyFlorida Consultation Program to reduce occupational injuries and illnesses among workers in Manatee and Sarasota counties, focusing particularly on Hispanic employees. An alliance signing ceremony was held Jan. 28 at the GCLCC's Conexion Latina event in Bradenton, Fla.
"We are committed to raising safety and health awareness, and hazard recognition among employers and their employees in Central Florida, particularly with the state's non-English speaking and youth workforce," said Les Grove, OSHA's area director in Tampa. "Together, we can reduce the injury incidence rate among Hispanic workers."
A key feature of the alliance is to develop and make available effective bilingual safety and health training and education tools. The focus of the pact is on reducing construction and general industry hazards, including but not limited to falls, electrical operations, ergonomics, bloodborne pathogens, fire safety, egress/exit routes, and evacuation plans.
Companies and groups interested in learning more about OSHA's activities to improve employee safety and health in Central Florida may contact the agency's area office in Tampa, 5807 Breckenridge Parkway, Suite A; telephone 813-626-1177.
OSHA's Fact Book
While OSHA's Fact Book endeavors to give credit to OSHA for the great strides in Industrial Safety; the book is also filled with great statistics and information that may help with any EHS Presentation.
This Fact Book offers a measure of our resolve to make America’s workplaces a world model for safety and health. You will also find information on federal OSHA’s efforts to enforce standards, provide compliance assistance, offer the finest training and education in workplace safety and health, foster cooperative relationships with employers and employees, and play a national role in emergency preparedness.
For more information please go to OSHA Fact Book.
Updated Guidelines for OSHA Outreach Trainers
OSHA has issued new guidelines for both Construction and General Industry. You can get a summary or download the guidelines at http://tinyurl.com/5zu523.
OSHA Revises Mission, Function Statements
OSHA recently issued an update (.pdf file) to its mission and function statements. The document lists six "significant changes," most of which represent internal shuffling of some offices and their functions. Among them:
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OSHA created the Directorate of Training and Education to take over the missions and functions of the Office of Training and Education, which in turn was removed from the Directorate of Cooperatives and State Programs.
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The Office of Emergency Management and Preparedness was created under the newly renamed Directorate of Technical Support and Emergency Management (formerly the Directorate of Science Technology and Medicine).