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Advisory Committee on Construction Safety and Health (ACCSH)
Minutes of August 22-23, 2013 Meeting

U.S. Department of Labor
Frances Perkins Building
200 Constitution Avenue, N.W.
Washington, DC 20210

The meeting of the Advisory Committee on Construction Safety and Health (ACCSH) was called to order by Mr. Dean McKenzie, Designated Federal Official (DFO), at 10 a.m., Thursday, August 22, 2013.  The following members and OSHA staff were present (* mark members who participated via WebEx conferencing):

NAME

SECTOR
REPRESENTED

TITLE & ORGANIZATION

Kristi Barber * Employer Representative President, GBA Construction, Inc., Glenn C. Barber & Associates, Inc.
Jeremy Bethancourt * Public Representative Co-Owner and Program Director, Arizona Construction Training Alliance
Kevin R. Cannon Employer Representative Director of Safety and Health Services, The Associated General Contractors of America
Sarah Coyne Employee Representative Executive Assistant Director, International Union of Painters and Allied Trades/Finishing Trades Institute
Roger Erickson * Employee Representative MOST Administrator,  Mobilization Optimization Stabilization and Training, International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers & Helpers, AFL-CIO
Matt Gillen Federal Representative Deputy Director, NIOSH Office of Construction Safety and Health and  Coordinator,  NORA Construction Sector
Steve Hawkins * State Representative Administrator, Tennessee Occupational Safety and Health Administration
Walter Jones Employee Representative Associate Director, Occupational Safety & Health, Laborers' Health and Safety Fund
Thomas Marrero, Jr. Employer Representative National Safety Director, Tradesmen International, Inc.
Jerry Rivera Employer Representative Regional Safety Director, Power Design Inc.
Donald L. Pratt * Employer Representative President & CEO, Construction Education and Consulting Services of Michigan
Laurie A. Shadrick Employee Representative Training Specialist, United Association of Plumbers and Pipefitters
Charles Stribling State Representative OSH Federal-State Coordinator, Kentucky Labor Cabinet, Department of Workplace Standards
 
Sarah Shortall ACCSH Counsel Office of the Solicitor, U.S. Dept. of Labor
Dean McKenzie Designated Federal Official Acting Deputy Director, Directorate of Construction, DOL OSHA

Thursday, August 22, 2013

Opening Remarks
Mr. McKenzie welcomed the attendees and informed them that he would be the official Acting Chair of record for this meeting.  The regular ACCSH Chairman, Mr. Erich (Pete) Stafford, would not be attending due to personal reasons.  Mr. McKenzie told the group that Mr. Walter Jones, Employee Representative, would help facilitate the meeting.  Mr. Jones informed the audience that if they wanted to address the committee, they must sign up to be recognized during the public comment period at the conclusion of each discussion.

Assistant Secretary for Occupational Safety and Health - Dr. David Michaels:

Dr. Michaels began by welcoming the ACCSH members and all who were in attendance.  He highlighted how the Department of Labor has benefited greatly from the advice the committee has provided.  Construction fatalities continue to be at unacceptable levels, so we're looking for ways to reduce them.  The two areas Dr. Michaels provided the committee an update on were protecting temporary workers and the strengthening whistleblower protections.

Temporary Workers:  Dr. Michaels updated the committee on the creation of a new web page that will include materials on protecting temporary workers.  The site will provide employers, both staffing associations and the client employers who bring on temporary workers, access to valuable accident prevention information.

Communication Tower:  Dr. Michaels briefed the committee that eight of this year's 14 fatal events in the communication tower industry occurred in the 12 week period prior to this meeting.  He noted that this was a significant spike in incidents and fatalities compared to previous years' data.  The Agency is reaching out to the tower construction and maintenance industry as well as to the major cellular network carriers to develop solutions to better protect workers engaged in this very dangerous work.  Dr. Michaels said the Agency would welcome any advice this valued advisory committee would give.

Standards Improvement Project (SIP) IV:  Dr. Michaels thanked the committee members for their diligence in fulfilling their statutory role in the SIP IV process.  He was hopeful that after ACCSH wraps up their review process during this meeting, the Agency could move forward with a fourth phase of SIP rulemaking.

Bureau of Labor Statistics (BLS) 2012 Preliminary Data on Fatal Occupational Injuries:  Dr. Michaels informed the attendees that BLS had just released their preliminary 2012 data and the overall numbers were encouraging.  In general, Dr. Michael said the data showed that the national work-related fatal injury rate dropped from 3.5 per 100,000 full-time equivalent workers to 3.2.  However, the construction industry showed an increase in the rate of fatal injuries from 9.1 in 2011 to 9.5.  He cautioned that these were preliminary numbers and they may go up slightly when the final numbers are released.

Women in Construction Webpage:  Dr. Michaels announced a new web page focused on the needs of women working in the construction industry.  The new web page focuses on two safety and health issues of particular concern to women:  sanitation hazards and proper-fitting personal protective equipment.  Dr. Michaels also announced his signing of an alliance with the National Association of Women in Construction to develop training resources that will help protect women in the construction industry.

Fall Prevention Campaign:  Dr. Michaels provided an overview of some of the highlights of the campaign so far this year.  Voluntary safety stand-downs have occurred across the country involving thousands of construction employers and tens of thousands of workers.  Fall campaign posters have been placed in mass transit systems in Dallas, Maryland and Massachusetts.  We've continued updating the fall prevention resources on the Stop Falls page to include bilingual (English-Spanish) versions of a booklet on ladder safety and a training guide with three Fall Prevention Toolbox talks.  Some of the materials are available in cell phone or mobile-friendly formats, so work crews can access safety and health information in real time, both on and off the job site.  And, we've capitalized on the use of social media (Twitter, Facebook and the Blog) to disseminate information.

Heat Campaign:  Dr. Michaels shared with the audience that the Smartphone Heat Safety Tool continued to be a huge success.  He briefed that over 18,000 people downloaded the app during the month of July setting a new single month record.  Over 100,000 people have downloaded the tool since it was rolled out two years ago.

For a full account of Dr. Michaels' presentation, refer to page 12 (Line 2) of the August 22, 2013 meeting transcript, in Docket - OSHA-2013-0006 at http://www.regulations.gov.

National Institute for Occupational Safety and Health (NIOSH) Update – Dr. Christine Branche

Dr. Branche highlighted that June was a banner month for NIOSH with the release of several new products aimed at protecting workers in the construction industry.

Straight Talk about Nail Gun Safety:  This comic formatted publication illustrates the potential risks of traumatic injury using nail guns and how those risks can be reduced. 

Simple Solutions for Home-Building Workers:  This publication was written especially for young and less-experienced home-building workers.  Original drawings and non-technical language were used to describe manual material handling injury risks and how these risks can be reduced or eliminated.  It is available in English and Spanish.

Ladder Safety Smartphone App:  This has been a quite anticipated app and it's been well received.  It has a number of tools for measuring, inspection, the proper use of ladders, as well as accessories. 

The remainder of Dr. Branche's included information on a safety workshop on safety culture and safety climate, the 2010 National Health Interview Survey and green construction activities.

For a full account of Dr. Branche's presentation, refer to page 27 (Line 17) of the August 22, 2013 meeting transcript in Docket - OSHA-2013-0006 at http://www.regulations.gov.

Directorate of Construction Update – Mr. Jim Maddux, Director

Mr. Maddux provided the committee an updated on the following Directorate of Construction areas of interest.

Personnel Changes:  Ben Bare retired; Dean McKenzie is our Acting Deputy; and Eric Kampert is the Acting Director of our Office of Construction Services.

ACCSH Meetings and Membership:  Mr. Maddux thanked the committee for working through these budget troubled times that have made it impossible to have full face-to-face meetings.  However, he noted that by using this WebEx technology, this is our fourth meeting this year.  Mr. Maddux also informed the committee that a Federal Register Notice asking for nominations to the fill six projected vacancies will be published before the next meeting.

Web Page Updates:  Mr. Maddux briefed the committee on the rollout of three new construction safety web pages:  1) The Construction Incidents Investigation Engineering Reports web page.  There you will find the reports on structural collapses.  2) The Nail Gun Safety web page.  There you will find all of our OSHA products, the NIOSH products, and some links to the various research institutions that have done work in this area.  3) The Women in Construction web page that Dr. Michaels mentioned.  This page was developed as the direct result of recommendations this committee made to OSHA.

Standards Update:  Mr. Maddux briefed that the Agency was continuing to work on our Confined Spaces for Construction Rule; the crane certification issue; and crane amendments to make small changes to the crane standard.

For a full account of Mr. Maddux's DOC Regulatory Update, refer to page 51 (Line 9) of the August 22, 2013 meeting transcript, in Docket - OSHA-2013-0006 at http://www.regulations.gov.

OSHA's Temporary Worker Initiative – Ms. Mary Lynn - Directorate of Enforcement Program

Ms. Lynn briefed the committee that an essential element of the initiative was ensuring that staffing agencies and host employers understood their shared safety and health responsibilities under the Occupational Safety and Health Act – temporary workers are entitled to the same protections as direct hire employees.  She shared that under the initiative, OSHA's compliance officers will ensure that safety and health protection, to include training, is in place.  Other elements of the initiative include compliance assistance and outreach.  Ms. Lynn ended her presentation by welcoming any input ACCSH would provide that could help protect temporary workers.

For a full account of Ms. Lynn's presentation, refer to page 67 (Line 20) of the August 22, 2013 meeting transcript, in Docket - OSHA-2013-0006 at http://www.regulations.gov.

Discussion of the two hour Introduction to the OSHA 10-Hour and 30-Hour Training Courses

Mr. Kevin Cannon, Mr. Jerry Rivera and Mr. Roger Erickson, Training and Outreach Workgroup Co-Chairs

The Co-Chairs briefed the Committee on the actions of the Workgroup thus far.  Specifically, they were looking at ways to reduce the Intro module down from two to one hour to allow additional time to focus on hazard specific areas.  They provided an overview of the process they used to evaluate each of the slides in the presentation and also shared the rationale for the actions they are recommending.  Dr. Hank Payne, Director, Directorate of Training and Education applauded the work group for their efforts, but highlighted that the workgroup's recommendation had eliminated all of the group activities from the module.  Dr. Payne suggested group activities are an essential element in the training process and if ACCSH did not like the current ones, they needed to consider coming up with ideas for better activities.  A very robust discussion ensued which resulted in several other recommendations for the workgroup to consider.

For a full account of Mr. Cannon, Mr. Rivera and Mr. Erickson's presentation, refer to page 104 (Line 13) of the August 22, 2013 meeting transcript, in Docket - OSHA-2013-0006 at http://www.regulations.gov.

Public Comments:

Ms. Lisa London, University of Texas at Arlington, an OSHA Training Institute Education Center

Ms. London shared the willingness of the Education Center directors to work with ACCSH on their review of the two hour Introduction to the OSHA 10-Hour and 30-Hour Training Courses.

For a full account of Ms. London's comments refer to page 133 (Line 13) of the August 22, 2013 meeting transcript, in Docket - OSHA-2013-0006 at http://www.regulations.gov.

Mr. Don Cotchen, Industrial Info Resources
Mr. Cotchen said his company is a database publisher that tracks industrial construction of facilities in the US.  He extended their willingness to work with ACCSH to help provide more information or insight about industrial construction activities.

For a full account of Mr. Cotchen's comments refer, to page 134 (Line 13) of the August 22, 2013 meeting transcript, in Docket - OSHA-2013-0006 at http://www.regulations.gov.

The meeting was adjourned for the day at 12:48 p.m.

Friday, August 23, 2013

Acting Chairman McKenzie reconvened the ACCSH meeting at 10:00 a.m., Friday, August 23, 2013.

SIP IV Candidate - Replace the definitions of "employee" and "employer" in 29 CFR 1926.32 with the definitions of those terms found in 29 CFR 1910.2
Mr. Paul Bolon and Mr. Dayton Eckerson – Directorate of Construction - Office of Construction Standards and Guidance

Mr. Bolon - The Agency is proposing the use of simpler definitions of "employer" and "employee" which are lengthy and confusing.  The definitions that we're proposing are consistent with the OSH Act definitions and they're consistent with what's in the general industry definition.

Mr. Charles Stribling, Kentucky State Plan, and Mr. Steve Hawkins, Tennessee State Plan both expressed concerns that under the new definitions they could conceivably lose our protection of state and local government employees.

For a full account of Mr. Bolon and Mr. Eckerson's presentation, refer to page 19 (Line 21) of the August 23, 2013 meeting transcript, in Docket - OSHA-2013-0006 at http://www.regulations.gov.

SIP IV Candidate - Clarify the rules that an employer must ensure that a physician or other licensed health care professional must use to make a determination that a hearing loss case is not work-related under 29 CFR 1904.10(b)(6)
Mr. Paul Bolon and Mr. Dayton Eckerson – Directorate of Construction - Office of Construction Standards and Guidance

Mr. Eckerson – The Agency is proposing to add, “following the rules set out in §1904.5,” to 29 CFR1904.10(b)(6) to remove any ambiguity in determining whether a hearing loss case is work related.  ACCSH was supportive of this SIP IV candidate but had concerns with the language of the last three sentences of the proposal.

Motion:
Mr. Rivera moved that ACCSH recommend deleting the last three sentences of proposed §1904.10(b)(6).  The motion was seconded and passed unanimously.

Motion:
Mr. Rivera moved that ACCSH support the proposed Standard Improvement Project – IV rule revising §1904.10(b)(6) with the changes ACCSH supports, and recommend that OSHA proceed with the SIP-IV rulemaking.  The motion was seconded and passed unanimously.

For a full account of Mr. Bolon and Mr. Eckerson's presentation, refer to page 34 (Line 17) and page 123 (Line 13) of the August 23, 2013 meeting transcript, in Docket - OSHA-2013-0006 at http://www.regulations.gov.

SIP IV Candidate - Update the Definition of “Potable Water” in 29 CFR 1926.51(a)(6) with the newer language found in the general industry standard at 29 CFR 1910.141(a)(2)
Mr. Paul Bolon and Mr. Dayton Eckerson – Directorate of Construction - Office of Construction Standards and Guidance

Mr. Bolon - We had a number of people recommend that we fix this in the construction regulations, but it actually was already fixed in SIP III, so we don't need to take it up again.

For a full account of Mr. Bolon and Mr. Eckerson's presentation, refer to page 41 (Line 12) of the August 23, 2013 meeting transcript, in Docket - OSHA-2013-0006 at http://www.regulations.gov.

SIP IV Candidate - Standardize break-strength requirements for lanyards and lifelines throughout the construction and general industry standards of 29 CFR parts 1910 and 1926
Mr. Paul Bolon and Mr. Dayton Eckerson – Directorate of Construction - Office of Construction Standards and Guidance

Mr. Eckerson – The Agency is proposing to change the break-strength requirement for lifelines in §1926.104(c) to 5,000 pounds to conform to the parallel requirements in the Fall Protection standard at §§1926.502(d)(9) (lifelines and lanyards) and 1926.502(d)(15) (anchorages).  This revision is also consistent with the most recent ANSI/ASSE standard (ANSI/ASSE Z359.1 2007) and A10.32.

Motion:
Mr. Stribling moved that ACCSH support the proposed Standard Improvement Project – IV rule to change the break-strength requirement in §1926.104(c) from 5,400 to 5,000 pounds, and recommend that OSHA proceed with the SIP-IV rulemaking.  The motion was seconded and passed unanimously.

For a full account of Mr. Bolon and Mr. Eckerson's presentation, refer to page 41 (Line 17) of the August 23, 2013 meeting transcript, in Docket - OSHA-2013-0006 at http://www.regulations.gov.

SIP IV Candidate - Clarify the excavation requirements at 29 CFR 1926.651(j)(1) and (2) – keeping loose rock and soil, and equipment and materials, away from the edge of excavations
Mr. Paul Bolon and Mr. Dayton Eckerson – Directorate of Construction - Office of Construction Standards and Guidance

Mr. Eckerson – The Agency is proposing to amend 29 CFR 1926.651(j)(1) and (2) to make it clear that employers must protect employees from all loose rock, loose soil, and equipment.

Motion:
Mr. Hawkins moved that ACCSH support retaining the language in the first sentence of existing §1926.651(j)(1) along with the changes OSHA proposes for the remainder of the provision.  The motion was seconded and passed unanimously.

Motion:
Mr. Hawkins moved that ACCSH support the proposed Standard Improvement Project – IV rule to revise §1926.651(j)(1) with the changes ACCSH supports and §1926.651(j)(2), and recommend that OSHA proceed with the SIP-IV rulemaking.  The motion was seconded and passed unanimously.

For a full account of Mr. Bolon and Mr. Eckerson's presentation, refer to page 45 (Line 22) of the August 23, 2013 meeting transcript, in Docket - OSHA-2013-0006 at http://www.regulations.gov.

The following two SIP IV candidates were presented jointly to ACCSH:

SIP IV Candidate - Remove requirements for chest x-rays in certain health standards, such as cadmium and inorganic arsenic that may affect construction employees
Ms. Rebecca Reindel and Mr. Chris Brown – Directorate of Standards and Guidance

SIP IV Candidate - Permit digital storage of x-rays (not just film)

Ms. Rebecca Reindel and Mr. Chris Brown – Directorate of Standards and Guidance

Mr. Brown – These SIP IV candidates were initially presented during the May 23-24, 2013, ACCSH meeting.  ACCSH delayed making recommendations on them and asked the DSG staff to consult with NIOSH regarding removal of chest x-ray requirements in several existing standards, and the revision to the chest x-ray requirement in the asbestos standard.  After consulting with NIOSH, the Agency is proposing to update the x-rays in physical exams requirements and to allow digital storage of x-rays.

Motion:
Mr. Bethancourt moved that ACCSH support the proposed Standard Improvement Project – IV rule to update the chest X-ray requirements for lung cancer screening in §§1910.1027 Cadmium; 1926.1127 Cadmium in Construction; 1910.1029 Coke oven emissions; 1910.1045 Acrylonitrile; and 1910.1018 Inorganic arsenic and the chest X-ray requirements for other screening in §§1910.1001 Asbestos; 1926.1101 Asbestos in Construction; and 1910.1001 Asbestos in Shipyard Employment, and recommend that OSHA proceed with the SIP-IV rulemaking.  The motion was seconded and passed unanimously.

For a full account of Ms. Reindel and Mr. Brown's presentation, refer to page 62 (Line 9) of the August 23, 2013 meeting transcript, in Docket - OSHA-2013-0006 at http://www.regulations.gov.

SIP IV Candidate - Replace the 29 CFR 1926.64 requirements for process safety management of highly hazardous chemicals with a cross reference to the general industry regulations at 29 CFR 1910.119
Mr. Paul Bolon and Mr. Dayton Eckerson – Directorate of Construction - Office of Construction Standards and Guidance

Mr. Bolon – The Agency is proposing to replace the entire 31 pages of text in this section with a cross reference to the corresponding general industry regulations.  The construction standards have a similar reference for other standards, such as for Respiratory Protection, where 1926.103 refers to the general industry PPE standard at 1910.134.

Motion:
Mr. Marrero moved that ACCSH support the proposed Standard Improvement Project – IV rule revising §1926.64 to replace the specification language with a cross-reference to the general industry Process Safety Management standard, and recommend that OSHA proceed with the SIP-IV rulemaking.  The motion was seconded and passed unanimously.

For a full account of Mr. Bolon and Mr. Eckerson's presentation, refer to page 66 (Line 8) of the August 23, 2013 meeting transcript, in Docket - OSHA-2013-0006 at http://www.regulations.gov.

SIP IV Candidate - Replace the outdated 29 CFR subpart W (Rollover Protective Structures; Overhead Protection) requirements with cross references to appropriate consensus standards
Mr. Paul Bolon and Mr. Vernon Preston – Directorate of Construction - Office of Construction Standards and Guidance

Mr. Preston – The Agency is proposing to condense existing standards §§1926.1002 and 1926.1003 by referencing the two consensus standards that are the source standards for these OSHA standards (i.e., to incorporate these consensus standards by reference into the OSHA standards to replace most of the existing regulatory text).  The Agency also intends to expand the scope of equipment covered to include compactors and skid-steer loaders as recommended by ACCSH in 2009.

Motion:
Mr. Gillen moved that ACCSH support the proposed Standard Improvement Project – IV rule to expand the equipment §1926.1000(a)(2) covers to include skid-steer loaders and compactors, and recommend that OSHA proceed with the SIP-IV rulemaking.  The motion was seconded and passed unanimously.

Motion:
Mr. Gillen moved that ACCSH support the proposed Standard Improvement Project – IV rule revising 29 CFR part 1926 subpart W to replace the existing regulatory text with national consensus standard source documents, and recommend that OSHA proceed with the SIP-IV rulemaking.  The motion was seconded and passed unanimously.

Motion:
Ms. Coyne moved that ACCSH support the proposed Standard Improvement Project – IV rule updating 29 CFR part 1926 subpart W to add requirements that new equipment comply with ISO 3471 – 2008 Earth-moving machinery – Roll-over protective structures and ISO 3449 – 2005 Earth-moving machinery – Falling-object protective structures, and recommend that OSHA proceed with the SIP-IV rulemaking.  The motion was seconded and passed unanimously.

For a full account of Mr. Bolon and Mr. Preston's presentation, refer to page 69 (Line 2) of the August 23, 2013 meeting transcript, in Docket - OSHA-2013-0006 at http://www.regulations.gov.

SIP IV Candidate - Update the 29 CFR 1926.50 requirement to post emergency medical contact information in locations without 911 emergency services
Mr. Paul Bolon and Mr. Dayton Eckerson – Directorate of Construction - Office of Construction Standards and Guidance

Mr. Eckerson – The Agency is proposing to update the requirement for emergency information posting to reflect the widespread availability of wireless telephone service.

Motion:
Ms. Shadrick moved that ACCSH support expanding the types of effective identifying information in §1926.50(f) that employers may use to enable emergency responders to readily locate the workplace where emergency services are needed.  The motion was seconded and passed unanimously.

Motion:
Mr. Stribling moved that ACCSH support expanding the language in proposed §1926.50(f) to include more than “ambulance service.”  The motion was seconded and passed unanimously.

Motion:
Mr. Stribling moved that ACCSH support the proposed Standard Improvement Project – IV rule revising §1926.50(f) on 911 services with the changes ACCSH supports, and recommend that OSHA proceed with the SIP-IV rulemaking.  The motion was seconded and passed unanimously.

For a full account of Mr. Bolon and Mr. Eckerson's presentation, refer to page 78 (Line 1) of the August 23, 2013 meeting transcript, in Docket - OSHA-2013-0006 at http://www.regulations.gov.

SIP IV Candidate - Amend  the 29 CFR 1926.250(a)(2) requirement to post maximum safe-load limits for buildings under construction to exempt single family dwellings
Mr. Paul Bolon and Mr. Dayton Eckerson – Directorate of Construction - Office of Construction Standards and Guidance

Mr. Eckerson – The Agency is proposing to expand the language in this standard to exempt the requirement to post maximum safe-load limits from single family dwellings under construction.

Motion:
Mr. Pratt moved that ACCSH support the proposed Standard Improvement Project – IV rule to exempt the posting of maximum safe load limits in single family residents required in §1926.250(a)(2), and recommend that OSHA proceed with the SIP-IV rulemaking.  The motion was seconded and passed unanimously.

For a full account of Mr. Bolon and Mr. Eckerson's presentation, refer to page 102 (Line 13) of the August 23, 2013 meeting transcript, in Docket - OSHA-2013-0006 at http://www.regulations.gov.

SIP IV Candidate - Alternatives to the Decompression Tables in Subpart S - Underground Construction, Caissons, Cofferdams and Compressed Air
Mr. Paul Bolon and Mr. Vernon Preston – Directorate of Construction - Office of Construction Standards and Guidance

Mr. Preston - This SIP IV candidate was initially presented during the May 23-24, 2013, ACCSH meeting.  ACCSH requested the Agency to provide them with more information on possible copyright restrictions on some of the proposed tables in the original proposal.  Mr. Preston reported that most of referenced tables are publicly available.  The Agency will continue to work through the proprietary issues of the others.

Motion:
Mr. Gillen moved that ACCSH support with the proposed Standard Improvement Project – IV rule updating the decompression tables in Appendix A of 29 CFR part 1926 subpart S, and recommend that OSHA proceed with the SIP-IV rulemaking.  The motion was seconded and passed unanimously.

For a full account of Mr. Bolon and Mr. Preston's presentation, refer to page 114 (Line 20) of the August 23, 2013 meeting transcript, in Docket - OSHA-2013-0006 at http://www.regulations.gov.

SIP IV Candidate - Correct and reformat table at 29 CFR 1926.55 (Threshold Limit Values) for clarity and consistency with its counterpart in the general industry standard at 29 CFR 1910.1000
Mr. Paul Bolon and Mr. Dayton Eckerson – Directorate of Construction - Office of Construction Standards and Guidance

Mr. Bolon – The Agency is proposing the revision of §1926.55(a) to parallel the provisions of the corresponding general industry regulations.  The revision will: (1) Change the phrase “Threshold Limit Values” to “Permissible Exposure Limits”; (2) Eliminate language that sounds advisory; (3) Eliminate confusing language regarding the route of exposure; and (4) Correct several noted errors in Appendix A.

Motion:
Mr. Gillen moved that ACCSH support adding a note to §1926.55(a) providing the following: “These required limits, originally provided by the American Conference of Governmental Industrial Hygienists (ACGIH) date from 1970.  Current ACGIH and NIOSH exposure limits for many of these substances are now lower and the 1970 limits may not be sufficiently protective of worker health.  Employers are encouraged but not required to consider more up to date limits when taking steps to control construction employee exposures.”  The motion was seconded and passed unanimously.

Motion:
Ms. Shadrick moved that ACCSH support the proposed Standard Improvement Project – IV rule revising §1926.55(a) with the changes ACCSH supports, and recommend that OSHA proceed with the SIP-IV rulemaking.  The motion was seconded and passed unanimously.

For a full account of Mr. Bolon and Mr. Eckerson's presentation, refer to page 127 (Line 21) of the August 23, 2013 meeting transcript, in Docket - OSHA-2013-0006 at http://www.regulations.gov.

OSHA's Temporary Worker Workgroup
Mr. Jeremy Bethancourt and Mr. Thomas Marrero, Co-Chairs

Mr. Marrero said the workgroup felt that by limiting the initiative to staffing agencies, OSHA was missing opportunities to identify how all temporary workers are brought onto the job site.  He suggested that ACCSH make the following recommendation to OSHA as the agency moves forward with the temporary worker initiative. 

Motion
Mr. Marrero moved that ACCSH recommend OSHA take a look at expanding the scope of OSHA's Temporary Workers Initiative and report back to ACCSH at the next Committee meeting.  The motion was seconded and passed unanimously.

For a full account of Mr. Marrero and Mr. Bethancourt's presentation, refer to page 135 (Line 22) of the August 23, 2013 meeting transcript, in Docket - OSHA-2013-0006 at http://www.regulations.gov.

Workgroup Meetings

Mr. Stribling expressed his concerns about not knowing about all of the workgroup meetings that were held since the last ACCSH meeting.  He felt that all ACCSH members, and the public, should be informed of all meetings and be allowed to participate in them.  Several other ACCSH members shared the same concerns resulting in the following motion.

Motion
Mr. Stribling moved that ACCSH recommend that all ACCSH Work Group meetings, whether in-person, electronic or by teleconference, be open to any ACCSH member and members of the public.  The motion was seconded and passed by a vote of 7 for, 1 against, and 3 abstentions.

For a full account of the Workgroup discussion, refer to page 154 (Line 13) of the August 23, 2013 meeting transcript, in Docket - OSHA-2013-0006 at http://www.regulations.gov.

Notice of Proposed Rulemaking (NPRM) on Silica

Mr. Maddux made an announcement that OSHA had released a NPRM on silica.  He said there will probably be a 90-day comment period and a hearing next spring on the subject.

The meeting was adjourned for the day at 1:08 p.m.

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