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Update on Standards and Update on Standards and GuidanceGuidance
OSHA’s Regulatory Agenda OSHA’s Regulatory Agenda and Guidance Projectsand Guidance Projects
Dorothy Dougherty, Acting Director
Directorate of Standards and Guidance
THE REGULATORY
PROCESS
THE REGULATORY
PROCESS
Preliminary Rulemaking Activities
Development of the Proposed Rule
Publication of the Proposed Rule
Analysis of the Rulemaking Record
Development of the Final Rule
Publication of the Final Rule
Preliminary Rulemaking Activities
Development of the Proposed Rule
Publication of the Proposed Rule
Analysis of the Rulemaking Record
Development of the Final Rule
Publication of the Final Rule
Analytical RequirementsAnalytical Requirements
Significant risk determination.Significant risk determination.
Technological feasibility.Technological feasibility.
Economic feasibility/cost effectivenessEconomic feasibility/cost effectiveness
Information collection requirements under the Information collection requirements under the Paperwork Reduction Act.Paperwork Reduction Act.
Where there is impact on significant number of Where there is impact on significant number of small businesses, Small Business Regulatory small businesses, Small Business Regulatory Enforcement Fairness Act (SBREFA) panel.Enforcement Fairness Act (SBREFA) panel.
Peer review requirements.Peer review requirements.
Regulatory AgendaRegulatory Agenda
DSG has about 20 regulatory DSG has about 20 regulatory projects.projects.
Current regulatory agenda was Current regulatory agenda was published on 4/24/2006.published on 4/24/2006.
Can be accessed through Can be accessed through OSHA’s web page under the OSHA’s web page under the “unified agenda”.“unified agenda”.
Hexavalent ChromiumHexavalent Chromium
Previous standard dated to 1971 and was based Previous standard dated to 1971 and was based on controlling irritation and damage to nasal on controlling irritation and damage to nasal tissues.tissues.
Final rule published Final rule published February 28 2006. February 28 2006.
Separate standards for Separate standards for general industry, general industry, construction, maritimeconstruction, maritime
Assigned Protection FactorsAssigned Protection Factors
Amendment to the Respiratory Amendment to the Respiratory Protection Standard.Protection Standard.
Adds protection factors for classes Adds protection factors for classes of respirators to indicate the of respirators to indicate the expected level of protection.expected level of protection.
Final rule has been prepared and Final rule has been prepared and is in the review process. Expect to is in the review process. Expect to publish later this year.publish later this year.
Final Rules – Safety Final Rules – Safety
Subpart S – General Industry ElectricalSubpart S – General Industry Electrical
Consensus StandardsConsensus Standards
Vertical Tandem LiftsVertical Tandem Lifts
Subpart V – Construction Electric Power Subpart V – Construction Electric Power Generation and DistributionGeneration and Distribution
Subpart VSubpart V
OSHA has two standards OSHA has two standards covering electric power work.covering electric power work.– Subpart V of Part 1926 covering Subpart V of Part 1926 covering
construction.construction.– §1910.269 covering general §1910.269 covering general
industry maintenance.industry maintenance.
Employees suffer 74 fatalities Employees suffer 74 fatalities and 444 injuries annually.and 444 injuries annually.
Proposal would reduce fatalities Proposal would reduce fatalities and injuries by 25 percent.and injuries by 25 percent.
Subpart VSubpart V
Proposal published June Proposal published June 20052005
Public hearing March 2006Public hearing March 2006
Posthearing comment Posthearing comment datesdates– May 15—additional data and May 15—additional data and
evidence dueevidence due– July 14—comments and July 14—comments and
briefs duebriefs due
Consensus StandardsConsensus Standards
More than 200 consensus standards are used in More than 200 consensus standards are used in about 500 OSHA provisions about 500 OSHA provisions
Nearly all 200 are out of dateNearly all 200 are out of date
OSHA Rulemaking cannot keep pace with OSHA Rulemaking cannot keep pace with updates updates
How OSHA Uses Consensus How OSHA Uses Consensus StandardsStandards
Basis -Basis - of an OSHA standard – extracting wording of an OSHA standard – extracting wording
Citing - Citing - as a reference - to indicate an acceptable as a reference - to indicate an acceptable means to meet a performance-language requirementmeans to meet a performance-language requirement
Incorporating by referenceIncorporating by reference - citing the name, year, - citing the name, year, and part/section of the consensus standardand part/section of the consensus standard
Notes or AppendicesNotes or Appendices - for additional information or - for additional information or compliance assistancecompliance assistance
Proposed RulesProposed Rules
Crystalline SilicaCrystalline Silica
BerylliumBeryllium
ExplosivesExplosives
General Working Conditions in ShipyardsGeneral Working Conditions in Shipyards
RFIs and ANPRsRFIs and ANPRs
Hazard Communication/Globally Hazard Communication/Globally Harmonized SystemHarmonized System
SIPS IIISIPS III
Emergency Response and PreparednessEmergency Response and Preparedness
Ionizing RadiationIonizing Radiation
Emergency Emergency Response/PreparednessResponse/Preparedness
OSHA’s jurisdiction is limited, but its OSHA’s jurisdiction is limited, but its standards are used by state and local standards are used by state and local authorities.authorities.Experience in preparing guidance.Experience in preparing guidance.Publishing request for information to solicit Publishing request for information to solicit input on whether rulemaking should be input on whether rulemaking should be done, and what form it should take. done, and what form it should take. Issues related to PPE, training, medical Issues related to PPE, training, medical surveillance.surveillance.
Hazard CommunicationHazard Communication
Considering adoption of the Globally Considering adoption of the Globally Harmonized System of Classification and Harmonized System of Classification and Labeling of Chemicals (GHS).Labeling of Chemicals (GHS).
Added to the new regulatory agenda, with the Added to the new regulatory agenda, with the next step being an advance notice of proposed next step being an advance notice of proposed rulemaking (ANPR).rulemaking (ANPR).
ANPR is currently being reviewed by OMB.ANPR is currently being reviewed by OMB.
Motor Vehicle Safety GuidanceMotor Vehicle Safety Guidance
Recently published Recently published guidance on motor guidance on motor vehicle safety.vehicle safety.
Joint project with Joint project with NHTSA, NETS and NHTSA, NETS and OSHA to address OSHA to address motor vehicle motor vehicle injuries and injuries and fatalities.fatalities.
Current Guidance ProjectsCurrent Guidance Projects
Chrome VI outreachChrome VI outreach
Hazards of Scrap Metal RecyclingHazards of Scrap Metal Recycling
Hazard Communication/GHSHazard Communication/GHS
PPE for Emergency ResponsePPE for Emergency Response
Silica Exposure in ConstructionSilica Exposure in Construction
Current Guidance ProjectsCurrent Guidance Projects
Ergonomics in ShipyardsErgonomics in Shipyards
SlingsSlings
Electrical SafetyElectrical Safety
Motor Vehicle Safety in Marine TerminalsMotor Vehicle Safety in Marine Terminals
Fire Service ManualFire Service Manual
Emerging IssuesEmerging Issues
Control BandingControl Banding– Co-sponsor international workshopCo-sponsor international workshop– Participated in national workshopParticipated in national workshop
NanotechnologyNanotechnology– National Nanotechnology InitiativeNational Nanotechnology Initiative– Best practicesBest practices
Methamphetamine LaboratoriesMethamphetamine Laboratories– Researching potential hazards to first responders and private-Researching potential hazards to first responders and private-
sector clean-up workerssector clean-up workers
Clandestine Drug Labs
Courtesy DEA
Fast growing national problem1999 - 7,400 meth lab raids nationwide 2004 - 17,000 meth labs identified nationwide
Courtesy DEA
Clandestine lab habitat
– Rental properties– Farmhouses – Apartments– Hotels – Motels– Self storage units– Vehicles
Courtesy DEA
Individuals at Risk
Lab operators
First responders/EMT/Hazmat
Cleanup crews
Neighbors
Residents in same building
Courtesy DEA
Potential Exposure Hazards
Strong Acids and Bases
Ammonia
Solvents
Lead
Mercury
Methamphetamine
Courtesy DEA
Avian/Pandemic FluAvian/Pandemic Flu
Guidance on Avian FluGuidance on Avian Flu-- Laboratory workers-- Laboratory workers-- Healthcare workers-- Healthcare workers-- Food handlers-- Food handlers-- Workers stationed abroad-- Workers stationed abroad
-- Poultry workers and animal handlers-- Poultry workers and animal handlers
Participating on workgroup to develop Participating on workgroup to develop guidance for pandemic flu guidance for pandemic flu
ConclusionConclusion
A new regulatory agenda was published on A new regulatory agenda was published on 4/24/2006. It provides the goals for completing 4/24/2006. It provides the goals for completing the various steps of each project.the various steps of each project.
Rulemaking is an iterative and deliberative Rulemaking is an iterative and deliberative process. It includes many checks and balances process. It includes many checks and balances to ensure the Agency is basing its decisions on to ensure the Agency is basing its decisions on the best available evidence.the best available evidence.
Guidance is an additional tool to provide Guidance is an additional tool to provide information to help address safety and health information to help address safety and health issues.issues.