Unified Agenda | Occupational Safety and Health Administration

Publication Date:

11/14/1994
Publication Type:

Notice
Fed Register #:
59:57827-57836
Title:

Unified Agenda

Note: This section for The Department of Labor (OSHA) is on pages 57804-57805

Occupational Safety and Health Administration - Proposed Rule Stage
Sequence Number	Title	Regulation Identifier Number
2469	Respiratory Protection	1218-AA05
2470	Steel Erection (Part 1926)(Reg. Plan Seq. No. 108)	1218-AA65
2471	Medical Surveillance Programs for Employees(Reg. Plan Seq. No. 109)	1218-AB00
2472	Exposure Assessment Programs for Employees Exposed to Hazardous Chemicals(Reg.Plan Seq. No. 110)	1218-AB01
2473	Recording and Reporting Occupational Injuries and Illnesses	1218-AB24
2474	Accreditation of Training Programs for Hazardous Waste Operations (Part 1910)	1218-AB27
2475	Control of Hazardous Energy (Lockout/Tagout) - Construction (Part 1926)	1218-AB30
2476	Powered Industrial Truck Operator Training	1218-AB33
2477	Ergonomic Protection Standard(Reg. Plan Seq. No. 111)	1218-AB36
2478	Crane Safety	1218-AB38
2479	Comprehensive Occupational Safety and Health Programs(Reg. Plan Seq. No. 112)	1218-AB41
2480	Occupational Exposure to Hexavalent Chromium	1218-AB45
2481	Occupational Exposure to Tuberculosis(Reg. Plan Seq. No. 113)	1218-AB46
2482	Confined Spaces for Construction (Part 1926)	1218-AB47
2483	Miscellaneous Amendments to the Safety Standards for the Construction Industry (Part 1926)	1218-AB48
2484	General Working Conditions in Shipyards (Part 1915, Subpart F) (Phase II)	1218-AB50
2485	Fire Protection in Shipyard Employment (Part 1915, Subpart F) (Phase II)	1218-AB51

Occupational Safety and Health Administration - Final Rule Stage
Sequence Number	Title	Regulation Identifier Number
2486	Scaffolds (Part 1926)	1218-AA40
2487	Logging Operations (Part 1910)	1218-AA52
2488	Safety and Health Regulations for Longshoring (Part 1918) and Marine Terminals (Part 1917)	1218-AA56
2489	Scaffolds and Shipyards (Part 1915 - Subpart N) (Phase I)	1218-AA68
2490	Access and Egress in Shipyards (Part 1915, Subpart E) (Phase I)	1218-AA70
2491	Personal Protective Equipment in Shipyards (Part 1915)	1218-AA74
2492	1,3-Butadiene	1218-AA83
2493	Glycol Ethers: 2-Methoxyethanol, 2-Ethoxyethanol, and Their Acetates	1218-AA84
2494	Methylene Chloride	1218-AA98
2495	Walking Working Surfaces and Personal Fall Protection Systems (Part 1910)(Reg. Plan Seq. No. 114)	1218-AB04
2496	Air Contaminants Rule for Construction, Agriculture and Maritime	1218-AB26
2497	Occupant Protection in Motor Vehicles	1218-AB28
2498	Indoor Air Quality in the Workplace(Reg. Plan Seq. No. 115)	1218-AB37
2499	Abatement Verification	1218-AB40

Occupational Safety and Health Administration - Completed Actions
Sequence Number	Title	Regulation Identifier Number
2500	Fall Protection (Part 1926)	1218-AA37
2501	Confined Spaces and Explosive and Other Dangerous Atmospheres (Part 1915, Subpart B) Phase I	1218-AA91
2502	Asbestos (Remand)	1218-AB25
2503	Retention of Markings and Placards	1218-AB42

Note: This section for The Department of Labor (OSHA) is on pages 57827-57836.

DEPARTMENT OF LABOR (DOL) Proposed Rule Stage

Occupational Safety and Health Administration (OSHA)

2469. RESPIRATORY PROTECTION

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910.134; 29 CFR 1915.152; 29 CFR 1918.102; 29 CFR 1926.103

Legal Deadline: None

Abstract: The present respiratory protection standards have been in place for more than 10 years and do not take into consideration the current state-of-the-art for respiratory protection. In addition, the general industry standard for respirators contains redundancies and includes several advisory provisions which should be eliminated or changed. OSHA has reviewed the current standards and intends to propose revisions. In developing this proposal, OSHA has been working closely with the National Institute of Occupational Safety and Health (NIOSH) and the Mine Safety and Health Administration (MSHA).

Timetable:

Action	Date	FR Cite

ANPRM	05/14/82	47 FR 20803
ANPRM Comment Period End	09/13/82
Public Comment Period on Preproposal Draft Ends	11/29/85
NPRM	11/00/94

Small Entities Affected:Undetermined

Government Levels Affected:Undetermined

Agency Contact: John Martonik, Acting Director, Health Standards Programs, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Ave. NW., Rm N3718, FP Bldg., Washington, DC 20210,202 219-7075

RIN:1218-AA05

2470. STEEL ERECTION (PART 1926)

Regulatory Plan: This entry is Seq. No. 108 in Part II of this issue of the Federal Register.

RIN: 1218-AA65

2471. MEDICAL SURVEILLANCE PROGRAMS FOR EMPLOYEES

Regulatory Plan: This entry is Seq. No. 109 in Part II of this issue of the Federal Register.

RIN: 1218-AB00

2472. EXPOSURE ASSESSMENT PROGRAMS FOR EMPLOYEES EXPOSED TO HAZARDOUS CHEMICALS

Regulatory Plan: This entry is Seq. No. 110 in Part II of this issue of the Federal Register.

RIN: 1218-AB01

2473. RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES

Legal Authority: 29 USC 657; 29 USC 673

CFR Citation: 29 CFR 1904.1

Legal Deadline: None

Abstract: Concerns about the reliability and utility of injury and illness data have been raised by Congress, OSHA, NIOSH, BLS, the National Academy of Sciences, OMB, the General Accounting Office and representatives of business and labor. The revision of the regulations, forms, and associated interpretive material are being undertaken to simplify the injury and illness recordkeeping system. OSHA is currently working on this project and has not collected sufficient information to determine the effect on paperwork burden. Benefits will include: (1) A system that is easier for employers, employees and government personnel to use; (2) increased reliability and utility of the records; (3) comprehensive records of the injury and illness experience at a given site will be available; and (4) employee involvement and awareness in safety and health matters will be enhanced.

Timetable:

Action	Date	FR Cite

NPRM	10/00/94

Small Entities Affected:Businesses, Governmental Jurisdictions, Organizations

Government Levels Affected:State, Local

Sectors Affected:All

Agency Contact: Stephen A. Newell, Director, Office of Statistics, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N3507, FP Building, Washington, DC 20210, 202 219-6463

RIN:1218-AB24

2474. ACCREDITATION OF TRAINING PROGRAMS FOR HAZARDOUS WASTE OPERATIONS (PART 1910)

Legal Authority: 29 USC 655(b); PL 101-549 (November 15, 1990); 5 USC 552(a); 5 USC 533

CFR Citation: 29 CFR 1910.121, Subpart H

Legal Deadline: None

Abstract: Public Law 99-499 established the criteria under which OSHA developed and promulgated 29 CFR 1910.120, Hazardous Waste Operations and Emergency Response (HAZWOPER). 29 CFR 1910.120 was published March 9, 1989, and became effective one year later. Section 126 of Public Law 99-499 was later revised to require OSHA to also develop a training accreditation program for the training programs required in paragraphs (e) and (p) of 1910.120. OSHA has been developing that accreditation program based upon the public record of comments on its proposed accreditation program and additional public comments received in response to a limited reopening of the public record in 1992. The limited reopening of the public record allowed additional public comment on an effectiveness of training study conducted by OSHA. OSHA continues to develop and refine the text for the final rule. OSHA is also considering the regulatory alternatives available for accrediting emergency response training programs. In addition non-mandatory guidelines are being developed for the Hazardous Waste Operations Rule 1910.120 to further address minimum training criteria. (CONT)

Timetable:

Action	Date	FR Cite

NPRM	01/26/90	55 FR 2776
NPRM Comment Period End	04/26/90	55 FR 2776
NPRM Emergency response training accreditation paragraph q	12/00/94
FINAL Paragraphs e and p	12/00/94

Small Entities Affected: Undetermined

Government Levels Affected: State, Local, Federal

Additional Information: ABSTRACT CONT: We are also developing the logistics necessary for receiving and accrediting the large number of training programs expected to be submitted to the Agency for accreditation.

Agency Contact: Thomas J. Shepich, Director, Safety Standards Programs, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N3605, FP Bldg, Washington, DC 20210, 202 219-8061

RIN: 1218-AB27

2475. CONTROL OF HAZARDOUS ENERGY (LOCKOUT/TAGOUT)--CONSTRUCTION (PART 1926)

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1926

Legal Deadline: None

Abstract: Hazards at construction sites resulting from the absence of effective lockout/tagout procedures to control hazardous energy appear to be caused by several factors, all associated with the nature of the construction industry. These factors basically relate to such considerations as the types of machines and equipment found in construction; the makeup of the industry in which employment is relatively "short term," lasting only as long as the length of the current project; the presence of multiple employers having different employer/employee relationships and the temporary nature of the "in- the-field" maintenance activity. The Occupational Safety and Health Administration (OSHA) expects the proposal to address lockout-related hazards in those construction work-site areas in which the available data indicate these hazards to be major. Regulatory options involve developing a comprehensive standard covering all potentially hazardous energy sources. OSHA will consider the use of the construction advisory committee to assist in the development of this standard.

Timetable:

Action	Date	FR Cite

NPRM	12/00/95

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

RIN: 1218-AB30

2476. POWERED INDUSTRIAL TRUCK OPERATOR TRAINING

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910.178

Legal Deadline: None

Abstract: Nationally, fatalities due to unsafe operation of industrial vehicles and equipment account for approximately 12 percent of the private sector fatalities. This is the second leading cause of fatalities in the private sector, behind only highway vehicle fatalities. The present standard has proven to be ineffective in reducing the number of accidents involving powered industrial trucks. OSHA intends to revise the present standard to increase its effectiveness by requiring, in performance language, initial and refresher training as necessary. The frequency of the refresher training will be based upon the ability of the vehicle operator to retain the knowledge, skills and abilities to perform the job safely. OSHA will also give guidance as to what information the instruction should include. There will also be other amendments to the standard to increase its effectiveness.

Timetable:

Action	Date	FR Cite

NPRM	12/00/94

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

RIN: 1218-AB33

2477. ERGONOMIC PROTECTION STANDARD

Regulatory Plan: This entry is Seq. No. 111 in Part II of this issue of the Federal Register.

RIN: 1218-AB36

2478. CRANE SAFETY

Legal Authority: 29 USC 655(b); 40 USC 333; 33 USC 941

CFR Citation: 29 CFR 1926.550; 29 CFR 1926.552; 29 CFR 1926.553; 29 CFR 1926.554; 29 CFR 1926.556; 29 CFR 1910.67; 29 CFR 1910.179; 29 CFR 1910.180; 29 CFR 1919.181

Legal Deadline: None

Abstract: The present crane regulations for construction and general industry have not been revised since being promulgated in 1971. They rely heavily on outdated 1968 ANSI standards. OSHA has received comments that the existing provisions are inadequate and need revision to reflect current conditions and equipment. It has also been suggested that there is need to establish additional crane installation and use provisions, including possible certification programs for crane operators and riggers. OSHA anticipates that this project will come about in several phases due to the magnitude of the project.

Timetable:

Action	Date	FR Cite

ANPRM	10/19/92	57 FR 47746
ANPRM Comment Period End	02/12/93
NPRM	00/00/00

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

RIN: 1218-AB38

2479. COMPREHENSIVE OCCUPATIONAL SAFETY AND HEALTH PROGRAMS

Regulatory Plan: This entry is Seq. No. 112 in Part II of this issue of the Federal Register.

RIN: 1218-AB41

2480. OCCUPATIONAL EXPOSURE TO HEXAVALENT CHROMIUM

Legal Authority: Not yet determined

CFR Citation: 29 CFR 655(b); 29 CFR 657

Legal Deadline: None

Abstract: On July 19, 1993 the Oil, Chemical, and Atomic Workers International Union (OCAW) and Public Citizen's Health Research Group (HRG) petitioned for an emergency temporary standard (ETS) to lower the permissible exposure limit (PEL) for hexavalent chromium compounds (CrVI) to 0.5 micrograms of hexavalent chromium per cubic meter of air (ug/m3) as an eight hour, time weighted average (TWA). The current PEL is 100 ug/m3, as an 8-hour time-weighting average. Occupational exposure to hexavalent chromium is known to cause lung cancer, bronchial asthma, nasal septum perforations, skin ulcers, and irritative dermatitis. CrVI includes chromic acid, chromates, lead chromate, and zinc chromate, all measured as CrO3. The current PEL for hexavalent chromium (CrVI) is 100 ug/m3. OSHA thoroughly reviewed the petition. While OSHA agrees that there is clear evidence that exposure to CrVI at the current PEL of 100 ug/m3 can result in significant risk of lung cancer and other CrVI-related illnesses, based on the Agency's analysis, OSHA finds that the currently available data are not sufficiently definitive in certain critical areas to (CONT)

Timetable:

Action	Date	FR Cite

NPRM	05/00/95

Small Entities Affected: Businesses

Government Levels Affected: Undetermined

Additional Information: ABSTRACT CONT: support the need for an ETS, particularly in light of the extremely stringent statutory criteria for issuing and sustaining such action. Therefore, OSHA is denying the petition for an ETS and has begun Section 6(b) rulemaking action for occupational exposure to CrVI.

Agency Contact: John Martonik, Acting Director, Health Standards Programs, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N3718, FP Building, Washington, DC 20210, 202 219-7075

RIN: 1218-AB45

2481. OCCUPATIONAL EXPOSURE TO TUBERCULOSIS

Regulatory Plan: This entry is Seq. No. 113 in Part II of this issue of the Federal Register.

RIN: 1218-AB46

2482. CONFINED SPACES FOR CONSTRUCTION (PART 1926)

Legal Authority: 29 USC 655(b)

CFR Citation: Not yet determined

Legal Deadline: None

Abstract: OSHA has recently promulgated a final rule covering permit- required confined spaces for general industry (Part 1910). There is no comparable standard for the construction industry at this time. This rulemaking is necessary to assure the safety and health of construction employees who are required to perform work in confined spaces and who are not adequately protected at the present time.

Timetable:

Action	Date	FR Cite

NPRM	12/00/95

Small Entities Affected: Undetermined

Government Levels Affected: None

RIN: 1218-AB47

2483. MISCELLANEOUS AMENDMENTS TO THE SAFETY STANDARDS FOR THE CONSTRUCTION INDUSTRY (PART 1926)

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1916.31(a); 29 CFR 1926.28; 29 CFR 1926.1; 29 CFR 1926.16; 29 CFR 1926.1050(a); 29 CFR 1926.1053(a)(6)(i); 29 CFR 1926.1050(b)

Legal Deadline: None

Abstract: This regulatory action will correct several relatively minor problems with the construction safety standards. Some examples of such problems are: (1) an inability to enforce the voluntary provisions of consensus standards, (2) a general personal protective equipment requirement that cannot be enforced unless a specific requirement exists elsewhere in the standards, (3) ambiguity about the application of certain subparts of the construction safety standards that are intended to apply to only Federal and Federally financed or Federally- assisted construction projects and not to other projects, (4) ambiguity about the application of the stairways and ladders standards to scaffolds, (5) any other problems of a similar magnitude that are discovered during the development of the NPRM.

Timetable:

Action	Date	FR Cite

NPRM	12/00/95

Small Entities Affected: Undetermined

Government Levels Affected: None

RIN: 1218-AB48

2484. GENERAL WORKING CONDITIONS IN SHIPYARDS (PART 1915, SUBPART F)
(PHASE II)

Legal Authority: 29 USC 655(b); 33 USC 941

CFR Citation: 29 CFR 1915.1 et seq; 29 CFR 1915.31 et seq; 29 CFR 1915.91 et seq; 29 CFR 1915.111 et seq; 29 CFR 1915.131 et seq; 29 CFR 1915.161 et seq; 29 CFR 1915.171 et seq; 29 CFR 1915.181; 29 CFR 1910.13 et seq; 29 CFR 1910.14; 29 CFR 1910.15; 29 CFR 1910.95; 29 CFR 1910.96; 29 CFR 1910.97; 29 CFR 1910.141; ...

Legal Deadline: None

Abstract: In the late 1980's OSHA embarked on a project to update and consolidate the varying OSHA standards that were being applied in the shipbuilding, shiprepair, and shipbreaking industry. A shipyard employer was subject to both the "shipyard" standards that applied only to shipboard hazards and OSHA's general industry standards for landside operations. This resulted in inconsistent, and sometimes contradictory, requirements for essentially the same operation. Consequently, OSHA, with the maritime community's full support, initiated a regulatory action in November 1988, categorized as Phase I, aimed at establishing a truly vertical standard for shipyard employment. This notice (53 FR 48092) addressed six subparts of the shipyard employment safety standards (Confined Spaces-B, Welding-D, Access/Egress-E, Personal Protective Equipment-I, Fall Protection-M, and Scaffolding-N). The remaining subparts were categorized as part of Phase II of the consolidation project. It was during this phase that OSHA made extensive use of the Shipyard Employment Standards Advisory Committee, an advisory committee that was chartered in 1989 with a mission of updating and (cont)

Timetable:

Action	Date	FR Cite

NPRM	09/00/95

Small Entities Affected: None

Government Levels Affected: None

Additional Information: ABSTRACT CONT: consolidating the existing standards that were being applied in the shipyard industry. This regulatory action represents one of the initial subparts that will be proposed under Phase II. This proposal, Subpart F - General Working Conditions, will consolidate and update the provisions of 29 CFR 1910 (General Industry) and 29 CFR 1915 (Shipyard Employment) into one comprehensive Part 1915 that will apply to all activities and areas in shipyards. The operations that are addressed in this subpart relate to: housekeeping, illumination, sanitation, first aid, and lockout/tagout.

RIN: 1218-AB50

2485. FIRE PROTECTION IN SHIPYARD EMPLOYMENT (PART 1915, SUBPART P)
(PHASE II)

Legal Authority: 29 USC 655(b); 33 USC 941

Legal Deadline: None

Abstract: In the late 1980's, OSHA embarked on a project to update and consolidate the varying OSHA standards that were being applied in the shipbuilding, shiprepair, and shipbreaking industry. A shipyard employer was subject to both the "shipyard" standards that applied only to shipboard hazards and OSHA's general industry standards for landside operations. This resulted in inconsistent, and sometimes contradictory, requirements for essentially the same operation. Consequently, OSHA, with the maritime community's full support, initiated a regulatory action in November 1988, categorized as Phase I, aimed at establishing a truly vertical standard for shipyard employment. This notice (53 FR 48092) addressed six subparts of the shipyard employment safety standards (Confined Spaces-B, Welding-D, Access/Egress-E, Personal Protective Equipment-I, Fall Protection-M, and Scaffolding-N). The remaining subparts were categorized as part of Phase II of the consolidation project. It was during this phase that OSHA made extensive use of the Shipyard Employment Standards Advisory Committee, an advisory committee that was chartered in 1989 with a mission of (cont)

Timetable:

Action	Date	FR Cite

NPRM	12/00/95

Small Entities Affected: None

Government Levels Affected: None

Additional Information: ABSTRACT CONT: updating and consolidating the existing standards that were being applied in the shipyard industry. This regulatory action represents one of the initial subparts that will be proposed under Phase II. This proposal, Subpart P - Fire Protection in Shipyard Employment, will consolidate and update the provisions of 29 CFR 1910 (General Industry) and 29 CFR 1915 (Shipyard Employment) into one comprehensive Part 1915 that will apply to all activities and areas in shipyards. The operations that are addressed in this subpart relate to: fire brigades, fire extinguishes, sprinkler systems, detection systems, alarm systems, fire watches, and emergency plans.

RIN: 1218-AB51

DEPARTMENT OF LABOR (DOL) Final Rule Stage

Occupational Safety and Health Administration (OSHA)

2486. SCAFFOLDS (PART 1926)

Legal Authority: 29 USC 655(b); 40 USC 333

CFR Citation: 29 CFR 1926.451; 29 CFR 1926.452; 29 CFR 1910.28; 29 CFR 1910.29; 29 CFR 1926.752(k)

Legal Deadline: None

Abstract: The existing standard has been proposed for revision because it is poorly formatted, contains unnecessary and restrictive provisions, and omits necessary specific coverage for certain types of scaffolds. The proposal raises several significant issues including: (1) the use of crossbraces as guardrails, (2) the use of fall protection during scaffold erection and dismantling operations, and (3) the role of engineers in scaffold design. (Subpart L, revised)

Timetable:

Action	Date	FR Cite

NPRM	11/25/86	51 FR 42680
NPRM Comment Period End	08/14/87	52 FR 20616
Record Reopened	03/29/93	58 FR 16509
Record Reopened	02/01/94	59 FR 4615
Final Action	12/00/94

Small Entities Affected: None

Government Levels Affected: State, Local, Federal

Additional Information: This agenda entry is part of Regulatory Program RIN 1218-AB05; Elevated Surfaces (Part 1926).

RIN: 1218-AA40

2487. LOGGING OPERATIONS (PART 1910)

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910.266 (Revision)

Legal Deadline: None

Abstract: Logging is a very hazardous industry. It has an incidence rate nearly twice that of manufacturing, and reflecting the seriousness of the injuries incurred, a lost workday rate nearly four times as high. The purpose of the standard will be to protect workers from the ever-present hazards of chain saw operation, falling objects (trees, branches), rolling or sliding logs, falls from trees, and materials handling accidents. At present there is no OSHA standard specifically applicable to logging in general. There is a standard, 29 CFR 1910.266, applicable only to pulpwood logging; however, pulpwood logging is estimated to account for less than half of the logging activity in the United States. Development of a national OSHA standard addressing all types of logging will provide coverage for those loggers not now protected. The new regulation will provide coverage where there is no approved state regulation and will set a minimum safety level for those states that chose to develop a state regulation.

Timetable:

Action	Date	FR Cite

NPRM	05/02/89	54 FR 18798
NPRM Comment Period End	07/31/89
Public Hearing 07/24/90	05/11/90	55 FR 19745
Final Action	10/00/94

Small Entities Affected: Undetermined

Government Levels Affected: None

Sectors Affected: 24 Lumber and Wood Products, Except Furniture

Agency Contact: Thomas J. Shepich, Director, Safety Standards Programs, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Rm N3605, FP Building, Washington, DC 20210, 202 219-8061

RIN: 1218-AA52

2488. SAFETY AND HEALTH REGULATIONS FOR LONGSHORING (PART 1918) AND MARINE TERMINALS (PART 1917)

Legal Authority: 29 USC 655 Occupational Safety and Health Act of 1970; 33 USC 941 Longshore and Harborworkers Compensation Act

CFR Citation: 29 CFR 1910.16; 29 CFR 1918 (Revision); 29 CFR 1917 (Revision and Corrections)

Legal Deadline: None

Abstract: The purpose of this regulatory action is to update and revise a standard first issued in 1960. The current language in many instances addresses the hazards of cargo handling involving methods long since abandoned, and fails to address the serious hazards of newer methods. Because much of the current standard is out of date, there are problems with compliance. These revised requirements will provide both employers and employees with a blueprint for effective and safe work practices in the cargo handling industry. No alternative other than revision is contemplated. The annual cost of the revision is expected to be minimal--less than twenty-five million dollars. In conjunction with the above regulatory action, the Marine Terminal Standard, Part 1917, is being revised to conform with changes made to Part 1918). Corrections to Part 1917 are also being made at this time.

Timetable:

Action	Date	FR Cite

NPRM	06/06/94	59 FR 28594
NPRM Comment Period End	09/23/94
Final Action	06/00/96

Small Entities Affected: Businesses

Government Levels Affected: None

Sectors Affected: 44 Water Transportation

Additional Information: Three informal public hearings are scheduled.

Agency Contact: Thomas J. Shepich, Director, Safety Standards Programs, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Rm N3605 FP Building, Washington, DC 20210, 202 219-8061

RIN: 1218-AA56

2489. SCAFFOLDS IN SHIPYARDS (PART 1915 - SUBPART N) (PHASE I)

Legal Authority: 29 USC 655(b); 33 USC 941

CFR Citation: 29 CFR 1915.71; 29 CFR 1910.28; 29 CFR 1910.29

Legal Deadline: None

Abstract: This regulatory action will revise the existing shipyard employment standards covering scaffolds and will consolidate all related and applicable 29 CFR part 1910 provisions into 29 CFR part 1915. The revision will develop, in part, performance-oriented standards, address current gaps in coverage, address new technology, and eliminate outmoded and redundant provisions.

Timetable:

Action	Date	FR Cite

NPRM	11/29/88	53 FR 48182
NPRM Comment Period End	02/27/89
Reopened Record Comment Period Ended 6/13/94	04/12/94	59 FR 17290
Final Action	09/00/95

Small Entities Affected: None

Government Levels Affected: None

Additional Information: Applicable part 1910 provisions under consideration: 29 CFR 1910.28 - 1910.29.

Agency Contact: Thomas J. Shepich, Director, Safety Standards Programs, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Rm N3605, FP Building, Washington, DC 20210, 202 219-8061

RIN: 1218-AA68

2490. ACCESS AND EGRESS IN SHIPYARDS (PART 1915, SUBPART E) (PHASE I)

Legal Authority: 29 USC 655(b); 33 USC 941

CFR Citation: 29 CFR 1915.72; 29 CFR 1915.74; 29 CFR 1915.75; 29 CFR 1915.76

Legal Deadline: None

Abstract: This regulatory action will revise the existing shipyard employment standards covering access and egress and will consolidate all related and applicable 29 CFR part 1910 provisions into 29 CFR Part 1915. The revision will develop, in part, performance-oriented standards, address current gaps in coverage, address new technology, and eliminate outmoded and redundant provisions.

Timetable:

Action	Date	FR Cite

NPRM	11/29/88	53 FR 48130
NPRM Comment Period End	02/27/89
Final Action	12/00/95

Small Entities Affected: None

Government Levels Affected: State, Local, Federal

Additional Information: Applicable part 1910 provisions under consideration: 29 CFR 1910.24-1910.27; 29 CFR 1910.36-1910.37.

Agency Contact: Thomas J. Shepich, Director, Safety Standards Programs, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Rm N3605, FP Building, Washington, DC 20210, 202 219-8061

RIN: 1218-AA70

2491. PERSONAL PROTECTIVE EQUIPMENT IN SHIPYARDS (PART 1915)

Legal Authority: 29 USC 655(b); 33 USC 941

CFR Citation: 29 CFR 1915.151; 29 CFR 1915.152; 29 CFR 1915.153; 29 CFR 1915.154; 29 CFR 1915.155; 29 CFR 1915.156; 29 CFR 1915.157; 29 CFR 1915.158; 29 CFR 1915.159

Legal Deadline: None

Abstract: This regulatory action will revise the existing shipyard standard covering personal protective equipment. The revision will develop, in part, a performance-oriented standard, address current gaps in coverage, recognize new technology, and eliminate outmoded or redundant provisions. It will consolidate 29 CFR part 1915 standards and applicable 29 CFR part 1910 standards into one set of provisions.

Timetable:

Action	Date	FR Cite

NPRM	11/29/88	53 FR 48150
NPRM Comment Period End	02/27/89
Reopened Record Comment Period Ends 8/22/94	07/06/94	59 FR 34586
Final Action	03/00/95

Small Entities Affected: None

Government Levels Affected: None

Additional Information: Applicable part 1910 provisions under consideration: 29 CFR 1910.132-1910.138. The public record has been reopened for 45 days to incorporate the general industry records for PPE (S-060) and personal fall protection equipment (S-057) so that final regulations for PPE used in shipyards and in general industry can be consistent where appropriate.

Agency Contact: Thomas J. Shepich, Director, Safety Standards Programs, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Ave. NW., Rm N3605, FP Bldg., Washington, DC 20210, 202 219-8061 RIN: 1218-AA74

2492. 1,3-BUTADIENE

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910.1000 (Table Z-1); 29 CFR 1910.1051

Legal Deadline: None

Abstract: On October 10, 1985, EPA referred 1,3-butadiene (BD) to OSHA for possible regulatory action under section 9(a) of the Toxic Substance Control Act. On April 11, 1986, OSHA responded to the EPA referral indicating that the Agency has preliminarily concluded that BD poses risk to the occupationally exposed population at the current OSHA permissible exposure limit and that the risk can be reduced or prevented through the promulgation of a revised standard. On October 1, 1986 (51 FR 35003), OSHA published an ANPRM initiating regulatory action within the meaning of section 9(a) of TSCA. Comments were submitted to OSHA by December 30, 1986. Based on the comments received in response to the ANPRM OSHA developed a proposal which was published on August 10, 1990. Hearings were held in Washington, D.C. on January 15, 1991, and in New Orleans, Louisiana on February 20, 1991. Submission of the post-hearing comments and briefs were scheduled to end on June 22, and July 22, 1991 respectively; however, OSHA extended the dates to September 27, and October 28, 1991. The post-hearing comments and briefs were again extended and finally closed on (cont)

Timetable:

Action	Date	FR Cite

EPA Referral	10/10/85	50 FR 41393
Request for Comments	12/27/85	50 FR 52952
Response to EPA Referral	04/11/86	51 FR 12526
ANPRM	10/01/86	51 FR 35003
ANPRM Comment Period End	12/30/86
NPRM	08/10/90	55 FR 32736
NPRM Comment Period End	10/19/90	55 FR 32736
Final Action	09/00/95

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Additional Information: ABSTRACT CONT: November 26, 1991, and February 10, 1992, respectively.

Agency Contact: John Martonik, Acting Director, Health Standards Programs, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Rm N3718, FP Bldg., Washington, DC 20210, 202 219-7075

RIN: 1218-AA83

2493. GLYCOL ETHERS: 2-METHOXYETHANOL, 2-ETHOXYETHANOL, AND THEIR ACETATES

Legal Authority: 29 USC 655; 29 USC 657

CFR Citation: 29 CFR 1910.1000

Legal Deadline: None

Abstract: On May 20, 1986, the Environmental Protection Agency (EPA) issued a report to OSHA, under Section 9(a) of the Toxic Substances Control Act, stating that EPA has reasonable basis to conclude that the risk of injury to worker health from exposure to four glycol ethers during their manufacture, processing and use is unreasonable, and that this risk may be prevented or reduced to a significant extent by OSHA regulatory action. EPA gave OSHA 180 days in which to respond to its report. OSHA published its response on December 11, 1986, stating that OSHA had preliminarily concluded that occupational exposures to the subject glycol ethers at the current OSHA permissible exposure limits may present significant risks to the health of workers. OSHA published an Advance Notice of Proposed rulemaking (ANPRM) on April 2, 1987, (52 FR 10586). OSHA used the information received in response to the ANPRM, as well as other information and analysis, and published a proposal, March 23, 1993 (58 FR 15526), that would reduce the permissible exposure limits for four glycol ethers and provide protection for approximately 46,000 workers exposed to the substances.

Timetable:

Action	Date	FR Cite

ANPRM	04/02/87	52 FR 10586
ANPRM Comment Period End	07/31/87
NPRM	03/23/93	58 FR 15526
NPRM Comment Period End	06/07/93
Final Action	03/00/95

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: John Martonik, Acting Director, Health Standards Programs, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Rm N3718, FP Bldg., Washington, DC 20210, 202 219-7075

RIN: 1218-AA84

2494. METHYLENE CHLORIDE

Legal Authority: 29 USC 655; 29 USC 657

CFR Citation: 29 CFR 1910.1052; 29 CFR 1926.1162

Legal Deadline: None

Abstract: In July 1985, OSHA was petitioned by the United Automobile, Aerospace and Agricultural Implement Workers of America (UAW) to issue a hazard alert; issue an emergency temporary standard; and to begin work on a new permanent standard for methylene chloride (MC). This request was based on information obtained from the Environmental Protection Agency and the National Toxicology Program indicating that DCM is an animal carcinogen and may have the potential to cause cancer in humans. In November 1986, OSHA notified the UAW that its petition had been granted, in part, and denied, in part. Specifically, OSHA issued a set of guidelines for controlling occupational exposure to MC and OSHA denied that portion of the petition requesting the issuance of an emergency temporary standard. OSHA published an Advance Notice of Proposed Rulemaking on November 24, 1986 (51 FR 42257). After reviewing and analyzing the comments received in response to the ANPRM, OSHA published a proposal in the Federal Register on November 7, 1991 (56 FR 57036). The comment period closed on April 6, 1992. On June 9, 1992, OSHA published a notice of informal public hearings that were held in Washington, DC on (cont)

Timetable:

Action	Date	FR Cite

ANPRM	11/24/86	51 FR 42257
ANPRM Comment Period End	02/23/87	51 FR 42257
NPRM	11/07/91	56 FR 57036
NPRM BComment Period End	04/06/92
Final Action	02/00/95

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Additional Information: ABSTRACT CONT: September 16-24, 1992 and in San Francisco, CA on October 14-16, 1992. The post-hearing comment period for new evidence closed on January 14, 1993, and the final date for submitting post-hearing summations and briefs was March 15, 1993. The record was reopened on March 11, 1994, for 45 days until April 25, to address MC exposure in the furniture stripping industry, an NCI study relating brain cancer to occupational exposure to MC, and information regarding the use of MC as a solvent in adhesive formulation in flexible foam manufacturing.

Agency Contact: John Martonik, Acting Director, Health Standards Programs, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Ave. NW., Rm N3718, FPBldg., Washington, DC 20210, 202 219-7075

RIN: 1218-AA98

2495. WALKING WORKING SURFACES AND PERSONAL FALL PROTECTION SYSTEMS (PART 1910)

Regulatory Plan: This entry is Seq. No. 114 in Part II of this issue of the Federal Register.

RIN: 1218-AB04

2496. AIR CONTAMINANTS RULE FOR CONSTRUCTION, AGRICULTURE AND MARITIME

Legal Authority: 29 USC 655; 29 USC 657

CFR Citation: 29 CFR 1910; 29 CFR 1926; 29 CFR 1918; 29 CFR 1915; 29 CFR 1917; 29 CFR 1928

Legal Deadline: None

Abstract: The permissible exposure limits (PELs) promulgated by OSHA in 1971 do not reflect current knowledge of the health effects of many toxic substances. OSHA published a proposal on June 7, 1988 (53 FR 20960) to amend and expand the PELs for general industry. On January 19, 1989 OSHA set new PELs for the toxic substances originally covered in 1971 and covered new substances in a single rulemaking that applied to general industry. On June 12, 1992 (57 FR 26001) OSHA published a proposed rule that would provide more protective PELs on hundreds of toxic airborne substances for workers in construction, agriculture and maritime. On July 10, 1992 the Eleventh Circuit Court of Appeals overturned the PELs update for general industry. Accordingly on August 18, 1992 (57 FR 37125) OSHA published a notice delaying hearings and extending indefinitely the comment period on the Air Contaminants Rule for Construction, Agriculture and Maritime. The Acting Solicitor General determined not to appeal the court's decision. Consequently, OSHA must determine the appropriate action in light of the judicial decision.

Timetable:

Action	Date	FR Cite

NPRM	06/12/92	57 FR 26001
Comment Period Extended Indefinitely	08/18/92	57 FR 37125
Final Action	00/00/00

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

RIN: 1218-AB26

2497. OCCUPANT PROTECTION IN MOTOR VEHICLES

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910.140; 29 CFR 1915.99; 29 CFR 1915.100; 29 CFR 1917.44; 29 CFR 1918.73; 29 CFR 1926.33; 29 CFR 1928.58

Legal Deadline: None

Abstract: OSHA continues to evaluate regulatory alternatives for this rule, which as proposed would have required seat belt and motor cycle helmet use, as well as the development and implementation of a driver safety awareness program.

Timetable:

Action	Date	FR Cite

NPRM	07/12/90	55 FR 28728
NPRM Comment Period End	11/09/90	55 FR 28728
Final Action	12/00/95

Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations

Government Levels Affected: State, Local, Federal

RIN: 1218-AB28

2498. INDOOR AIR QUALITY IN THE WORKPLACE

Regulatory Plan: This entry is Seq. No. 115 in Part II of this issue of the Federal Register.

RIN: 1218-AB37

2499. ABATEMENT VERIFICATION

Legal Authority: 29 USC 657; 29 USC 658; 5 USC 553

CFR Citation: 29 CFR 1903

Legal Deadline: None

Abstract: A critical element of OSHA's comprehensive enforcement strategy under the Occupational Safety and Health Act is assurance that employers have abated hazards cited during inspections. Currently, unless an employer voluntarily complies with OSHA's request to submit documentation, OSHA has no proof of hazard abatement without conducting a followup inspection. From 1972 to the present, OSHA has implemented several administrative measures to induce employers to provide abatement documentation, but some 30 percent of cited employers still do not voluntarily do so. OSHA's internal audits, the Department of Labor's Inspector General, and the General Accounting Office have pointed out this deficiency. The regulation OSHA now proposes will require cited employers to provide hazard abatement documentation. The NPRM will address the kinds of evidence to be required, what notice to employees is needed, potential penalties for non-reporting, possible certification forms for compliance, and other questions. OSHA estimates that the economic impact of this regulation on employer products and product prices will be insignificant.

Timetable:

Action	Date	FR Cite

NPRM	04/19/94	59 FR 18508
NPRM Comment Period End	07/18/94
Final Action	06/00/95

Small Entities Affected: Undetermined

Government Levels Affected: State

Sectors Affected: All

Analysis: Regulatory Flexibility Analysis

Agency Contact: Raymond E. Donnelly, Director, General Industry Compliance Assistance, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N3119, FP Building, Washington, DC 20210, 202 219-8041

RIN: 1218-AB40

DEPARTMENT OF LABOR (DOL) Completed Actions

Occupational Safety and Health Administration (OSHA)

2500. FALL PROTECTION (PART 1926)

Legal Authority: 29 USC 655(b); 40 USC 333

CFR Citation: 29 CFR 1926.104; 29 CFR 1926.105; 29 CFR 1926.500; 29 CFR 1926.501; 29 CFR 1926.502; 29 CFR 1926.107(b); 29 CFR 1926.250(b)(2); 29 CFR 1926.651(t); 29 CFR 1926.951(b)(4)(i); 29 CFR 1926.107(c); 29 CFR 1926.107(f); 29 CFR 1926.651(w)

Legal Deadline: None

Abstract: The existing standard was proposed for revision because it is poorly formatted, contains unnecessary and restrictive provisions, and does not properly address the fall protection needs of certain areas and operations. The proposal raised several significant issues including (1) when fall protection systems must be installed, (2) whether work surface inspections are necessary to insure adequate structural integrity before commencing work, and (3) whether body belt systems or body harness systems are appropriate for use as fall protection. (Subpart M revised) The final rule sets a uniform 6-foot fall distance threshold for providing fall protection; requires work surface inspections so employers can insure structural integrity; and provides for the use of body harnesses, not body belts, in personal fall arrest systems after 12/31/97. In addition, revised subpart M provides that employers who demonstrate that it is infeasible or would create a greater hazard to provide conventional fall protection must implement alternative measures, documented by a written fall protection plan, to minimize exposure to fall hazards.

Timetable:

Action	Date	FR Cite

NPRM	11/25/86	51 FR 42680
NPRM Comment Period End	08/14/87	52 FR 20616
Reopening of Rulemaking Record Comment Period Ends 11/3/92	08/05/92	57 FR 34656
New Reopening of Rulemaking Record: Comment Period Closed 5/28/93	03/28/93	58 FR 16515
Final Action	08/09/94	59 FR 40672
Final Action Effective	02/06/95

Small Entities Affected: None

Government Levels Affected: None

Additional Information: This agenda entry is part of Regulatory Program RIN 1218-AB05; Elevated Surfaces (Part 1926).

Agency Contact: Thomas J. Shepich, Director, Safety Standards Programs, Department of Labor, Occupational Safety and Health Administration, Rm N3605, FPBldg, 200 Constitution Ave. NW., Washington, DC 20210, 202 219-8061

RIN: 1218-AA37

2501. CONFINED SPACES AND EXPLOSIVE AND OTHER DANGEROUS ATMOSPHERES (PART 1915, SUBPART B) PHASE I

Legal Authority: 29 USC 655(b); 33 USC 941

CFR Citation: 29 CFR 1915.11; 29 CFR 1915.12; 29 CFR 1915.13; 29 CFR 1915.14; 29 CFR 1915.15; 29 CFR 1915.16

Legal Deadline: None

Abstract: This regulatory action revised the existing shipyard standard covering confined space and explosive and other dangerous atmospheres. Revised subpart B is a performance-oriented standard, which address any gaps in coverage, recognizes new technology, and eliminates outmoded or redundant standards. Moreover, it resolves the potential redundancy and overlap that would result from two different sets of requirements for landside and shipboard operations. This regulatory action represented a minimal economic impact and has the potential of producing a cost savings to the industry.

Timetable:

Action	Date	FR Cite

NPRM	11/29/88	53 FR 48092
NPRM Comment Period End	02/27/89
NPRM Comment Period Reopened Until 9/22/92	06/24/92	57 FR 28152
Final Action	07/25/94	59 FR 37816
Final Action Effective	10/24/94

Small Entities Affected: None

Government Levels Affected: State, Federal

Sectors Affected: 373 Ship and Boat Building and Repairing

Agency Contact: Thomas J. Shepich, Director, Safety Standards Programs, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Rm N3605, FP Building, Washington, DC 20210, 202 219-8061

RIN: 1218-AA91

2502. ASBESTOS (REMAND)

Legal Authority: 29 USC 655 et seq

CFR Citation: 29 CFR 1910.1001; 29 CFR 1926.1101; 29 CFR 1915.1101

Legal Deadline: None

Abstract: On June 20, 1986, OSHA published revised standards governing occupational exposure to asbestos, tremolite, anthophyllite and actinolite in general industry and construction. In these standards, OSHA reduced the 8-hour time weighted average (TWA) permissible exposure limit (PEL) to 0.2 f/cc, and established other protective provisions. This standard was legally challenged, and as a result, the Court of Appeals for the District of Columbia upheld the standard except that the court held that OSHA must reconsider several of the standard's provisions to determine if more protective regulatory provisions are available to reduce risk. One of the issues to be reconsidered was the need for a short-term limit for occupational exposure to asbestos in response to the Court's directive. This limit was established as 1 f/cc averaged over a 30-minute sampling period and a legal notification of this amendment was published on September 14, 1988, at 53 FR 35610. (cont)

Timetable:

Action	Date	FR Cite

Asbestos Remand - Category I Issues	12/20/89	54 FR 52024
Asbestos Remand - Category II Effective Date 5/7/90	02/05/90	55 FR 3724
Asbestos Remand - Category II Issues	02/05/90	55 FR 3724
Asbestos Remand - Category III	07/20/90	55 FR 29712
Hearing	10/23/90	55 FR 29712
Hearing	11/09/90	55 FR 40676
Final Action	08/10/94	59 FR 40964
Final Action Effective	10/11/94

Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations

Government Levels Affected: State, Local, Federal

Additional Information: ABSTRACT CONT: On December 20, 1989 (54 FR 52024) OSHA responded to the first three remand issues. OSHA deleted the ban on spraying asbestos containing materials; amended the regulatory text to clarify when construction employers must resume periodic monitoring; and explained why OSHA is not amending the regulatory text to clarify the limited exemption for "small-scale, short-duration operations" in the construction industry standard. OSHA published a notice of its resolution of Category II remand issues on February 5, 1990, and a notice of proposed rulemaking for Category III on July 20, 1990 (55 FR 29712). On September 20, 1990, the comment period was extended to December 3, 1990, and the public hearing was rescheduled to commence on January 23, 1991. The post-hearing comment period closed on April 26, 1991, and the briefing period was extended to July 24, 1991. On November 3, 1992 (57 FR 49657), OSHA reopened the record for 60 days to receive additional comments. The comment period for supplemental asbestos information closed on January 4, 1993.

RIN: 1218-AB25

2503. RETENTION OF MARKINGS AND PLACARDS

Legal Authority: 29 USC 655(b)

CFR Citation: 29 CFR 1910; 29 CFR 1926; 29 CFR 1915; 29 CFR 1917; 29 CFR 1918

Legal Deadline: None

Abstract: Public Law 101-615, the Hazardous Materials Transportation Uniform Safety Act (HMTUSA), mandates that the Secretary of Labor issue regulations regarding the retention of markings and placards in accordance with Section 29 of the Act. The Agency has published a final rule that requires any employer who receives a package, container, rail car or similar receptacle containing hazardous materials that is required to be marked, placarded or labeled in accordance with regulations issued under the Hazardous Materials Transportation Act, to retain such labels until the hazards are removed. The final rule applies to all employers covered by the OSH Act. Therefore, separate but identical standards are included for general industry (including agricultural operations), construction, shipyards, marine terminals, and longshoring. In preparing the final rule, OSHA has consulted with delegated representatives of the Secretary of Transportation and the Secretary of Treasury, as required by HMTUSA.

Timetable:

Action	Date	FR Cite

NPRM	09/10/93	58 FR 47690
NPRM Comment Period End	10/12/93	58 FR 47690
Final Action	07/19/94	59 FR 36695

Small Entities Affected: None

Government Levels Affected: None

Agency Contact: John Martonik, Acting Director, Health Standards Programs, Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue NW., Room N3718, FP Building, Washington, DC 20210, 202 219-7075

RIN: 1218-AB42