Billing Code 4510-26-M

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Extension of administrative stay.

SUMMARY: On December 4, 1987, the Occupational Safety and Health Administration (OSHA) published a final rule in the Federal Register on occupational exposure to formaldehyde (29 CFR 1910.1048, 52 FR 46168). In response to numerous public comments which indicated confusion about the hazard warning provisions of the newly revised Formaldehyde Standard, on December 13, 1988, OSHA announced an administrative stay of paragraphs (m)(1)(i) through (m)(4)(ii) for a period of nine months. OSHA also announced its intention to revoke paragraphs (m)(1)(i) through (m)(4)(ii) and invite comments on replacing them with the Hazard Communication Standard (29 CFR 1910.1200) or another equally protective alternative which would be less confusing to the public (53 FR 50198). The stay was subsequently extended (54 FR 35639, August 29, 1989; 55 FR 24070, June 13, 1990; 55 FR 32616, August 10, 1990; 55 FR 51698, December 17, 1990; 56 FR 10377, March 12, 1991; 56 FR 26909, June 12, 1991; 56 FR 37650, August 8, 1991; 56 FR 57593, November 13, 1991; 57 FR 2681, January 23, 1992).

On July 15, 1991, OSHA published a proposal to resolve several remaining issues on formaldehyde, including those raised by the stayed paragraphs (56 FR 32302). The public was given until August 14, 1991 to comment on the proposal. OSHA plans to publish the final amendments within the next two weeks. Therefore the stay is being extended until June 5, 1992 or 30 days after publication of the revised Formaldehyde Standard, whichever is later. While this stay is in effect, affected employers must continue to comply with the provisions of OSHA's Hazard Communication Standard.

EFFECTIVE DATE: The administrative stay of 29 CFR 1910.1048 (m)(1)(i) through (m)(4)(ii) will be effective until June 5, 1992 or 30 days after publication of the revised Formaldehyde Standard, whichever is later.

FOR FURTHER INFORMATION CONTACT: Mr. James Foster, Occupational Safety and Health Administration, Office of Information and Consumer Affairs, U. S. Department of Labor, Room N-3647, 200 Constitution Avenue, N. W., Washington, DC 20210. Telephone (202) 523-8151.

AUTHORITY AND SIGNATURE

This document was prepared under the direction of Dorothy L. Strunk, Acting Assistant Secretary of Labor for Occupational Safety and Health, 200 Constitution Avenue, N. W., Washington DC 20210.

This action is taken pursuant to section 4(b), 6(b) and 8(c) of the Occupational Safety and Health Act of 1970 (84 Stat. 1593, 1597, 1599; 29 U.S.C. 653, 655, 657); Secretary of Labor's Order No. 1-90 (55 FR 9033) and 29 CFR part 1911.

List of Subjects in 29 CFR Part 1910

Formaldehyde, Occupational safety and health, Chemicals, Cancer, Health, Risk assessment.

§ 1910.1048 (Stayed in part)

Therefore, 29 CFR 1910.1048 (m)(1)(i) through (m)(4)(ii) is stayed until June 5, 1992 or 30 days after the publication of the revised formaldehyde standard, whichever is later.

Signed at Washington, DC this _______ day of April, 1992.

Dorothy L. Strunk
Acting Assistant Secretary of Labor for Occupational Safety and Health