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• Publication Date: 04/13/1994
• Publication Type: Final Rules
• Fed Register #: 59:17478-17479
• Standard Number: 1910.1200; 1915.1200; 1917.28; 1918.90; 1926.59
• Title: Hazard Communication

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Parts 1910, 1915, 1917, 1918 and 1926

RIN 1218-AB02

Hazard Communication

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

ACTION: Final rule; Temporary stay of effective date for wood products.

SUMMARY: OSHA is staying until August 11, 1994 the coverage of the Hazardous Communication Standard to wood and wood products which will be processed in a manner which will create wood dust or which are treated with hazardous chemicals. This will allow more time to prepare labels and MSDS's.

DATES: The stay is effective March 11, 1994 to August 11, 1994.

FOR FURTHER INFORMATION CONTACT: Mr. James F. Foster, U.S. Department of Labor, Occupational Safety and Health Administration, Office of Information and Consumer Affairs, room N3647, 200 Constitution Avenue, NW., Washington, DC 20210, (202) 219-8151.

SUPPLEMENTARY INFORMATION: On February 9, 1994 (59 FR 6126), the Occupational Safety and Health Administration (OSHA) published amendments to the existing Hazard Communication Standard which requires employers to establish hazard communication programs that would transmit information to employees by means of labels, manufacturer's safety data sheets (MSDS) and training. The amendment contained minor changes and technical amendments which went into effect March 11, 1994.

One of those amendments made clear that wood products which were to be processed in a manner which would create wood dust or were treated with hazardous chemicals were covered by the standard. They would not be covered by the exemption for other wood and wood products in the Hazard Communication Standard.

Warning labels and MSDS were appropriate for wood processed to create wood dust or treated with hazardous chemicals because of the health hazards that respiration of excess levels of those substances would cause. However, wood and wood products which only present the hazard of flammability do not need to be labeled because that hazard is common knowledge. Paragraph (b)(6)(iv) was amended to incorporate this clarification.

As the Hazard Communication standard covers all industries covered by OSHA, that amendment was made in identical language to 29 CFR 1910.1200(b)(6)(iv) (General Industry), 1915.1200(b)(6)(iv) (Shipyards), 1917.28(b)(6)(iv) (Marine Terminals), 1918.90(b)(iv)(6) (Longshoring), and 1926.59(b)(6)(iv) (Construction). Agriculture was covered by cross reference to the General Industry standard.

On March 4, 1994 OSHA was sent a letter by the American Forest and Paper Association which requested that this change be made effective August 11, 1994 and not March 11, 1994 as specified in the notice. OSHA viewed this change as a clarification because it was consistent with an interpretation OSHA had followed for several years. However many of its members had disagreed with OSHA's interpretation and one ALJ decision supported those members' view. Consequently they had not been labeling or supplying MSDS's when they shipped wood and wood products. It would take many of their members and other effected employers substantially more than 30 days to develop appropriate labels and MSDS's.

OSHA concludes that this request is reasonable. Efforts by employers would be better spent in the next few months, from the perspective of worker health, developing and attaching protective labels and supplying MSDS rather than upon interpretive disputes.

Accordingly OSHA is staying from March 11, 1994 until August 11, 1994 the effective date of that part of Paragraph (b)(6)(iv) which excludes from the wood dust exemption, wood and wood products which have been treated with hazardous chemicals or which would be sawed or otherwise processed to create wood dust. This stay applies to all sectors covered by OSHA.

OSHA is adding a note following the regulatory text of the Hazard Communication standard in parts 1910, 1915, 1917, 1918 and 1926 to implement this stay. Agriculture is covered through the cross reference in 29 CFR 1928.21 to the General Industry standard.

All other amendments to the hazard communication standard became effective March 11, 1994 as stated in the final rule. Notice and comment is unnecessary pursuant to 5 U.S.C. 553 and paragraph 6(b) of the OSH Act because this stay is brief and will facilitate concentrating efforts to come into compliance.

Authority

This document was prepared under the direction of Joseph A. Dear, Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210. Under the authority of section 41 of the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 941), section 107 of the Contract Work Hours and Safety Standards Act (Construction Safety Act), (40 U.S.C. 333), sections 4, 6 and 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657), Secretary of Labor's Order No. 1-90 (55 FR 8033) and 5 U.S.C. 553, the Occupational Safety and Health Administration hereby temporarily stays part of paragraph (b)(6)(iv) of the Hazard Communication standard and accordingly adds a Note to parts 1910, 1915, 1917, 1918 and 1926 of title 29 of the Code of Federal Regulations, as set forth below.

Signed at Washington, DC, this 7th day of April 1994.

Joseph A. Dear,
Assistant Secretary for Occupational Safety and Health.

OSHA is adding a Note to parts 1910, 1915, 1917, 1918, and 1926 of title 29 of the Code of Federal Regulations as follows:

PART 1910 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS

PART 1915 - OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR SHIPYARD EMPLOYMENT

PART 1917 - MARINE TERMINALS

PART 1918 - SAFETY AND HEALTH REGULATIONS FOR LONGSHORING

PART 1926 - SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION

1. The authority citation for subpart Z of part 1910 continues to read as follows:

Authority: Secs. 6, 8 Occupational Safety and Health Act, 29 U.S.C. 655, 657: Secretary of Labor's Order 12-71 (36 FR 8754), 9-76 (41 FR 25059), 9-83 (48 FR 35736) or 1-90 (55 FR 9033), as applicable; and 29 CFR Part 1911.

All of subpart Z issued under section 6(b) of the Occupational Safety and Health Act, except those substances which have exposure limits listed in Tables Z-1, Z-2 and Z-3 of 29 CFR 1910.1000. The latter were issued under section 6(a) (29 U.S.C. 655(a)): Section 1910.1000, Tables Z-1, Z-2 and Z-3 also issued under 5 U.S.C. 553. Section 1910.1000, Tables Z-1, Z-2 and Z-3 not issued under 29 CFR part 1911 except for the arsenic (organic compounds), benzene, and cotton dust listings.

Section 1910.1001 also issued under Sec. 107 of the Contract Work Hours and Safety Standards Act, 40 U.S.C. 333.

Section 1910.1002 not issued under 29 U.S.C. 655 or 29 CFR part 1911; also issued under 5 U.S.C. 553.

Section 1910.1025 also issued under 5 U.S.C. 553. Section 1910.1043 also issued under 5 U.S.C. 551 et seq. Section 1910.1200, 1910.1499 and 1910.1500 also issued under 5 U.S.C.

553.

2. The Authority citation for part 1915 continues to read as follows:

Authority: Sec. 41, Longshore and Harbor Workers' Compensation Act (33 U.S.C. 941); secs. 4, 6, 8, Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order Nos. 12-71 (36 FR 8745), 8-76 (41 FR 25059), 9-83 (48 FR 35736), or 1-90 (55 FR 9033), as applicable; 29 CFR part 1911.

Section 1915.99 also issued under 5 U.S.C. 553.

3. The Authority citation for part 1917 continues to read as follows:

Authority: Sec. 41, Longshore and Harbor Workers' Compensation Act (33 U.S.C. 941); secs. 4, 6, 8, Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order Nos. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), or 1-90 (55 FR 9033), as applicable; 29 CFR part 1911.

Section 1917.28 also issued under 5 U.S.C. 553.

4. The Authority citation for part 1918 continues to read as follows:

Authority: Sec. 41, Longshore and Harbor Workers' Compensation Act (33 U.S.C. 941); secs. 4, 6, 8, Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order Nos. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), or 1-90 (55 FR 9033), as applicable.

Section 1918.90 also issued under 5 U.S.C. 553 and 29 CFR part 1911.

5. The authority citation for subpart D of part 1926 continues to read as follows:

Authority: Sec. 107, Contract Work Hours and Safety Standards Act (Construction Safety Act) (40 U.S.C. 333); secs. 4, 6, 8, Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order Nos. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), or 1-90 (55 FR 9033), as applicable.

Section 1926.59 also issued under 5 U.S.C. 553 and 29 CFR part 1911.

1910.1200, 1915.1200, 1917.28, 1918.90, 1926.59 [Amended]

6. Parts 1910, 1915, 1917, 1918 and 1926 are amended to reflect the stay granted by adding to the identical text of 1910.1200, 1915.1200, 1917.28 1918.90 and 1926.59 a Note with identical text to follow paragraph (j) of each of those sections and to precede Appendix A of each of those sections to read as follows:

Section _____________ Hazard communication

* * * * *

(j) * * *

Note: The effective date of the clarification that the exemption of wood and wood products from the Hazard Communication standard in paragraph (b)(6)(iv) only applies to wood and wood products including lumber which will not be processed, where the manufacturer or importer can establish that the only hazard they pose to employees is the potential for flammability or combustibility, and that the exemption does not apply to wood or wood products which have been treated with a hazardous chemical covered by this standard, and wood which may be subsequently sawed or cut generating dust has been stayed from March 11, 1994 to August 11, 1994.

* * * * *

[FR Doc. 94-8887 Filed 4-12-94; 8:45 am]


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