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What’s Up in Washington?
Bradley SantSr. Vice President, Safety & Education
Today’s Schedule
• OSHA Environment • Regulatory Agenda• FHWA•How Can We Help?
The Environment Since the 2012 Election
OSHA Assistant Secretary David Michaels appears to be staying in place. During the first term, his agenda pushed: Aggressive regulatory agenda Promulgation of New Standards Compliance through “Shaming”
Likely OSHA Priorities
Injury and Illness Prevention Program (I2P2) is No. 1
Comprehensive update of the permissible exposure limits (PELs)
New standards for silica, beryllium and combustible dust
Focused funding on enforcement to show enforcement has an impact
“Daily” Press Releases
OSHA Today
OSHA leadership is: Vocal about of protecting workers
Familiar with making industry a target
Inclined to treat non-union employers differently than union employers
Enforcement driven
Focused on big penalties and daily press releases
Department of Labor
Secretary of Labor Hilda Solis: Gone.
Replacement: Likely to be playing more defense than offense. Pressure for more diversity in Cabinet.
Some Buzz: Maria Echaveste, former deputy chief of staff for former President Clinton.
Arlene Holt Baker, AFL-CIO executive vice president (as a nod to organized labor).
Second Term President
Obama Administration Focused on Legacy “Re-election” not an issue; no need to “hold back“
Focus on enforcement
Efforts to repay base of support (Organized Labor)
RegulatoryAgenda
December 21, 2012
Regulatory Agenda – December 21, 2012
Construction Highlights
Proposed Silica Rule May 2013
Final Confined Spaces in Construction July 2013
Proposed I2P2 rule(SBREFA begins January 2013)
December 2013
Combustible Dust (SBREFA ) October 2013
Proposed Rule for Reinforced Concrete in Construction and Preventing Backover Injuries and Fatalities*
TBD
Injury and Illness Recording and Reporting
May 3013
Final rule on Changes to On-site Consultation Program
April 2013
Silica
The current OSHA permissible exposure limit for construction (PEL) was developed in 1970.
NIOSH and ACGIH recommend cutting that exposure limit in half.
OSHA is looking towards a comprehensive standard to provide for exposure monitoring, medical surveillance, and worker training.
OSHA is looking at ASTM standards and a comprehensive program standard recommended by the Building Construction Trades Department of the AFL-CIO.
Confined Spaces in Construction In 1993, OSHA issued a rule for
general industry (29 CFR 1910.146). No comparable standard for
construction. OSHA closed the record for comment
in October 2008. Made a failed attempt to promulgate a
rule. New final rule scheduled for July 2013.
Injury & Illness Prevention Program – I2P2
OSHA’s highest regulatory priority
Requirement to develop and implement a plan that identifies hazards in the workplace and establishes methods to eliminate or mitigate the hazards – shifts the burden to employers
Looking at VPP practices, ANSI and AIHA consensus standards
Preventing Backovers
51% of worker on foot fatalities in highway work zones involved backing vehicles.
Technologies may prevent incidents, including cameras and proximity detection systems.
The use of spotters and internal traffic control plans can also make backing operations safer.
Reinforced Concrete
Related to post-tensioning and reinforcing steel.
Data indicates that 33 workers died while performing work on or near post-tensioning operations or reinforcing steel between 2000 and 2009.
OSHA currently has few rules which address the steel reinforcing and post-tensioning activities directly.
Injury & Illness Reporting
Would exempt some low-hazard industries from reporting to OSHA, while adding others.
References the North American Industry Classification System (NAICS), replacing Standard Industrial Classification (SIC) codes.
Shortens the reporting time period to OSHA for serious injuries, fatalities and catastrophes.
OSHA Standards Improvement Project
Regulatory Review• Announced December 6,
2012• Comments Due February 4,
2013
Are OSHA Standards Relevant?
This program is designed “to improve and streamline OSHA standards by removing or revising requirements that are confusing or outdated, or that duplicate, or are inconsistent with, other standards.”
Manual on Uniform Traffic Control Devices
ARTBA recommends OSHA use its “Directed Final Rule” process to update its reference to the most current version of FHWA’s MUTCD. (Currently references the 2000 edition.)
ARTBA recommends whenever FHWA issues a new version of the MUTCD, OSHA will begin a direct final rulemaking process to reconcile its reference to the most current FHWA version.
Federal Highway Administration
Changes are coming . . .
Secretary Ray LaHood announced Tuesday he is leaving . . .
MUTCD
On January 11, FHWA requested comments on the possibility of splitting the MUTCD into two separate documents.
One document would contain federal requirements, and the second document would contain guidance (which are not federal requirements, but are recommended practices).
Responses are due March 12, 2013.
What does this mean for you?
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